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Backup Documents 09/27/2005 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING BACKUP SEPTEMBER 27, 2005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ti'~" '>. """'>' f "'A',",',. ' --~'" . 0< ~<""<"'c."..' AGENDA September 27, 2005 9: 00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 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 PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, 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. Page 1 September 27, 2005 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 IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Paul Getter, Faith Apostolic Church 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.) Approved and/or adopted with changes - 5/0 B. August 25,2005 - BCC/Hurricane Katrina Emergency Meeting Approved as presented - 5/0 C. August 27,2005 - BCC/Hurricane Katrina Emergency Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Nancy Frye, Traffic Operations 2) Erin Hall, Transportation Road Maintenance Presented B. 3 0 Year Attendees 1) Denise Blanton, University Extension Services 2) Murdo Smith, Parks and Recreation Page 2 September 27, 2005 3) Edward Torroni, Parks and Recreation Presented 4. PROCLAMATIONS A. Proclamation designating September 27, 2005, as Collier County WWII Veterans' Day. To be accepted by Gary Shanabarger, Commandant, Senior Marine of the Marine Corps League of Naples; Jim Elson, Veterans Council of Collier County; Peter Kraley, Veteran Services Department and Jack Hild, 14th Air Force-Flying Tigers World War II Veteran. Adopted - 5/0 B. Proclamation expressing appreciation for Mr. William Suckow's work as a Master Gardner. To be accepted by William Suckow, Master Gardner. Adopted - 5/0 C. Proclamation designating September 15, 2005, as Sheri Bennett Day. To be accepted by Sheri Bennett, Executive Director, Immokalee Multicultural Multipurpose Community Action Agency, Inc. Adopted - 5/0 D. Proclamation designating November 2005 as Celebrate the Arts Month in Collier County. To be accepted by Elaine Hamilton, Executive Director, United Arts Council of Collier County. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Roberta Reiss, Library Outreach Specialist, Public Services Division as Employee of the Month for August 2005. B. Recommendation to recognize Judy Johnson, Administrative Assistant, Public Utilities Division, as Employee of the Month for September 2005. C. Presentation of the 2005 Flagler Awards "The Henry" In Recognition of Outstanding Tourism Marketing -Television-Naples, Marco Island, Everglades Convention & Visitors Bureau - Presented by Jack Wert, Tourism Director. 6. PUBLIC PETITIONS Page 3 September 27, 2005 A. Public Petition request by Bradley Cornell to discuss the Mirasol Drainage Project in the Cocohatchee/Corkscrew West Flowway. This Item to be brought back at a future BCC meeting Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item continued from the September 13. 2005 BCC Meetinl!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2005-AR-7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other affected property owners requesting an appeal to Official Interpretation INTP-2005-AR-7442 related to an internal official interpretation regarding the definition and operative provisions of certain LDC terms pertaining to "Boat Canopies. Official interpretation upheld - Approved 3/2 (Commissioner Fiala and Commissioner Henning opposed); staff to bring back direction for alternatives and aesthetics relating to boat canopies - Consensus B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2005-AR-7444 Terry & Charlotte Rhodes, represented by McGarvey Custom Homes, request a variance to reduce the east side yard from the required 30-foot setback of the Rural Agricultural Mobile Home Overlay zoning (A-MHO) district, to 21.1- feet to authorize replacement of an existing pool fence with a proposed screen enclosure. The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida. Continued to October 11, 2005 - Approved 4/1 (Commissioner Coletta out) Moved from Item #17 A C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-04-AR-6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Page 4 September 27, 2005 Range 26 East, Collier County, Florida. Resolution 2005-341 - Adopted w/ changes 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7469 Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere ofRW A, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development "MPUD" zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard, approximately 1/4 mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east Collier County, Florida. Motion failed - 3/2 (Commissioners Henning and Halas opposed) Resolution of Denial 2005-342 to be submitted B. Approval of an amendment to the existing Flood Ordinance of Collier County, Florida (Ordinance No. 86-28 as amended by Ordinance 87-80 and Ordinance 90-31) to repeal and replace certain sections, add new sections, adopt the new Flood Insurance Rate Maps prior to the Federal Emergency Management Agency's effective date of November 17, 2005, and add provisions to improve the County's scoring in the Community Rating System of the National Flood Insurance Program. Ordinance 2005-51 -Adoption of the new Flood Insurance Rate Maps - Adopted 5/0; Flood Rate Scoring System to be discussed at the CCPC meeting of November 1, 2005 - Approved - 5/0 C. This item is beinl! continued to the October 11. 2005 BCC Meetinl!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial/retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property Page 5 September 27, 2005 is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) Motion to continue to the October 11,2005 BCC Meeting - Approved 4/0 (Commissioner Coletta Absent) D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2004- AR-6207 MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon Management, Inc., requesting a rezone from the C-l and C-2 zoning districts to the PUD Planned Unit Development zoning district to allow a maximum of86 multi-family dwelling units. The property, consisting of 10.76 acres, is located on the northwest corner of Radio Road extension and Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2005-50 w/stipulations - Adopted - 4/1 (Commissioner Coletta opposed) E. This item to be heard at 11 :00 a.m. A request that the Collier County Board of County Commissioners (Board) adopt an ordinance amending Ordinance No. 04-41, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP-2003-11 to the GMP as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures is to add provisions for PUD expiration and retirement of excess numbers of dwelling units. Ordinance 2005-49 -- Adopted w/changes 5/0 Moved from Item #17E F. To obtain Board of County Commissioners Approval to repeal Ordinance 90-30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05-_. Continued to October 11, 2005 BCC Meeting - Approved - 5/0 9. BOARD OF COUNTY COMMISSIONERS Page 6 September 27,2005 A. Appointment of members to the Golden Gate Beautification Advisory Committee. Resolution 2005-338 - Re-Appointing Cheryle L. Newman and Patricia Spencer - Adopted w/waiver of term limit - 5/0 B. Appointment of members to the Collier County Planning Commission. Resolution 2005-339 - Re-Appointing Lindy Adelstein, Appointing, Russell Tuff, Re-Appointing Paul Midney- Adopted - 5/0 C. Appointment of members to the Workforce Development Board, Region 24. Resolution 2005-340 - Amy Garrard, Nina Velasco, Todd Hoffman and Ken O'Leary - Adopted - 5/0; BCC would like an update report presented to them Continued to the October 11, 2005 BCC Meeting D. The Annual Performance Appraisal for the County Attorney. E. This Item to be heard at 1 :00 p.m. Discuss the taking by Eminent Domain action of the land currently occupied by Caribbean Gardens and other surrounding lands that would serve a public purpose. Provide guidance to staff. (Commissioner Coyle) Motion made to bond up to $40 million and let the Trust For Public Lands make an offer of $59,913,333.00 for the property - Approved _ 5/0 F. This item to be heard at 10:00 a.m. Discussion of the RFP and subsequent contract for the proposed expansion facility at the Golden Gate Library. (Commissioner Henning) To be brought back to a future BCC Meeting with staff's recommendations, without any compromise to funding to all other libraries - Approved - 4/1 (Commissioner Halas opposed) 10. COUNTY MANAGER'S REPORT A. This item continued from the September 13. 2005 BCC Meetinl!. Recommendation to approve an Agreement for Sale and Purchase with The District School Board of Collier County, Florida for 65 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,134,500. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) Page 7 September 27, 2005 Approved w/stipulations - 3/2 (Commissioner Henning & Commissioner Coyle opposed) B. Discussion and review of the County's Noise Ordinance (Code of Laws and Ordinances, Chapter 54, Article IV) as amended. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Continued to the October 11,2005 BCC Meeting - Approved 5/0 Continued to the October 11, 2005 BCC Meeting C. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). (Norman Feder, Administrator, Transportation Services) D. This item to be heard at 4:00 p.m. Recommendation to (I) consider three lobbying firms, as reviewed by a staff selection committee, that responded to RFP 05-3883 for Professional State Lobbyist Services; (2) choose one of the finalists to represent Collier County; and (3) authorize the County Manager to negotiate a contract with the selected firm. (Debbie Wight, Assistant to the County Manager) Appoint J. Keith Arnold & Associates - Approved 4/1 (Commissioner Henning opposed) Continued to the October 11, 2005 BCC Meeting E. Review and approve the FY 2006 Annual Work Plan for the County Manager. F. Recommendation that the Board approve and authorize the Chairman to execute an Agreement with McDonald Transit Associates, Inc. to provide consolidated management for the Collier Area Transit and the Paratransit Systems not to exceed $4,885,162.00 (Norman Feder, Administrator, Transportation Services) Approved - 5/0 Moved from Item #16Kl1 G. Recommendation that the Board of County Commissioners Approve a Page 8 September 27, 2005 Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit Increase for the Office of the County Attorney. To Be continued to the October 11,2005 - Approved 5/0 Moved from Item #16El H. Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. To be continued to the October 11, 2005 - Approved 5/0 Moved from Item #16B2 I. Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. Approved - 5/0 Moved from Item #1611 - Dl J. Memo from Commissioner Henning to Jim Mudd, County Manager, regarding Golden Gate Library dated September 19, 2005 with attachments Motion to remove Item 16II-Dl- Approved 4/1 (Commissioner Henning opposed); Memo will be filed in the Board of County Commissioners office per Sue Filson 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Adopt a Resolution to Initiate Negotiation Proceedings With the South Florida Water Management District and the State of Florida Division of Lands Pursuant to Florida Statutes, Chapter 164. Resolution 2005-343 - Adopted 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 3:30 p.m. Consideration of a request for LDC Page 9 September 27, 2005 deviations for SoNa - SDP #7905, a redevelopment project within the Bayshore Gateway Triangle CRA. Approved - 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd - To set up a CRA Joint workshop - Consensus B. Commissioner Henning - concerning Jim Mudd, County Manager's evaluation C. Commissioner Henning - Impact Fee Task Force Meeting D. Commissioner Coyle - Letter to County Manager for a workshop with the Sheriff's Department on salary schedules E. Commissioner Coletta - Dog available for adoption ------------------------------------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------------------------------------------------------ Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of water utility facilities for "Arthrex at Creekside". W/release of Utilities Performance Bond 2) Recommendation to approve final acceptance of water and sewer utility facilities for "Masters Reserve". W/reducing the Utilities Performance Bond 3) Recommendation to approve final acceptance of water and sewer utility facilities for "Classic Plantation Estates Phase One". W /reducing the Utilities Performance Bond 4) Recommendation to grant final approval of the roadway (public) and drainage improvements for the roadway segment Orange Blossom Drive from Airport Road to entrance of First Baptist Church/Bridgewater Bay. Resolution 2005-327 Page 10 September 27, 2005 5) Recommendation to approve for recording the final plat of 3500 Corporate Plaza, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 6) Recommendation to approve for recording the final plat of Professional Village at "Northbrooke", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 7) Recommendation to approve for recording the final plat of "Mediterra Parcel liT', approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 8) Recommendation to approve for recording the final plat of "Mediterra Parcel 118", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 9) Recommendation to approve for recording the final plat of "IL Regalo Replat", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 10) Recommendation to approve an addendum to the Oak Haven Apartments Agreement for Deferral of Collier County Impact Fees. As Detailed in the Executive Summary 11) Recommendation to approve a Budget Amendment to the 2004-2005 Community Development Block Grant (CDBG) budget for the purpose of recognizing additional entitlement funds received from the U.S. Department of Housing and Urban Development (HUD) in Fund 121. ($137,000) 12) Recommendation to approve the application by Salazar Machine and Page 11 September 27, 2005 Steel, Incorporated for the Job Creation Investment Program and the Fee Payment Assistance Program. ($146,000) To target high-wage companies that desire to relocate or expand within the areas of Collier County 13) Recommendation to adopt a resolution approving assignment and change of control of the cable television franchise from Time Warner Cable, Inc. to MOC HOLDCO II, Inc., an indirect wholly subsidiary of Comcast Cable Communications Holdings, Inc., pursuant to a redemption agreement among the parties. (The voluminous filing contains over 5000 pages, the full filing was not included in the Board's printed agenda packet. A digital version is available for viewing in the County Manager's Office, 3301 East Tamiami Trail, Naples as well as Community Development, 2800 North Horseshoe Drive, Naples) Resolution 2005-328 14) Recommendation to approve for recording the final plat of Summit Place in Naples, Phase III, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations B. TRANSPORTATION SERVICES 1) Recommendation to approve three (3) Adopt-A-Road Program Agreements with (2) new roadway recognition signs at a total cost of $150.00. The other signs already exist. Copeland Civic Association, Jose Marti Educational Foundation and Quail Communities Realty Moved to Item #101 2) Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. For leased space located under the Goodland Bridge 3) Recommendation to approve, sign and execute an agreement with the State of Florida to participate in the Unified Certification Program (UCP). In order to receive Federal Transit Administration Grant funds Page 12 September 27, 2005 for the transit system 4) Recommendation to approve the use of transportation disadvantaged funds (427) to purchase a para-transit bus in the amount of$80,253 under State contract #FVPP-05-CA-4. To purchase a para-transit bus utilizing transportation disadvantaged fund 5) Recommendation to approve the purchase of Parcel Nos. 148A and 148C required for the construction of the six-laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $20,300.00. As Detailed in the Executive Summary 6) Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing revenue received from the South Florida Water Management District under an agreement for a Countywide GPS Network in the amount of $60,000. To install, operate and maintain a Countywide GPS Network 7) Recommendation to award Bid No. 05-3861 - "Purchase of lime rock and fill material, fixed term contract" for the estimated annual amount of $500,000 to Apac Inc., Orangetree Mine, Florida Rock Industries, Inc. For use in grading and rebuilding limerock roadways and shoulder repair on all County and State roadways 8) Recommendation to award Bid #05-3874 Golden Gate Blvd. and 13th Street Landscape Maintenance to Advance Lawn and Landscaping Services, Inc. in the amount of$67,629.80. (Project #630413) 9) Recommendation to approve the purchase of Parcel No. 148B required for the construction of the six-laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $10,700.00 As Detailed in the Executive Summary 10) Recommendation to award Collier County Bid No 05-3855 - Purchase Page 13 September 27, 2005 and Delivery of Fungicides, Herbicides and Insecticides to the following bidders: 1 )Helena Chemical Company (Primary), and 2)Pro Source One (Secondary). ($200,000) 11) Recommendation to authorize staff to approve one (1) Work Order for Bonness, Inc. for Construction of Golden Gate Beautification MSTU Sunshine Boulevard Landscape Improvements Project (Contract #05- 3773 'Annual Contract for Roadways Contractors') for a base amount of $301,691.31 and contingency of $16,848.82 for a total of $318,540.13. For the curbing and accent lighting for Sunshine Boulevard 12) Recommendation to approve budget amendments in the amount of $300,000 for Port of the Isles community where $300,000.00 will be reimbursed through the Florida Department of Transportation (FDOT) Federal Enhancement program. Resolution 2005-329 13) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program Project No. 69081 in the amount of$70,302.77. As Detailed in the Executive Summary 14) Recommendation to accept a Quitclaim Deed for local streets in Pelican Bay. For various rights-of-way that had been dedicated to the County on plats C. PUBLIC UTILITIES 1) Recommendation to award Bid #05-3740R to Ferguson Enterprises, Incorporated and Hughes Supply, Incorporated for purchase of backflow prevention assemblies and associated materials in the amount of $300,000. For use in the water distribution system 2) Recommendation to award Work Order number UC-ll 7 to Kyle Construction, Inc. in the amount of $375,580.00 for construction of the extension of the Water Main on White Lake Boulevard, Project Page 14 September 27, 2005 59005. To enhance Solid Waste operations by supplying potable water to existing and proposed Landfill Facilities 3) Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $30.00 to record the Satisfactions of Lien. 4) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-330 5) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-331 6) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-332 7) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-333 8) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Page 15 September 27, 2005 Fiscal impact is $58.50 to record the Satisfactions of Lien. Resolution 2005-334 9) Recommend BCC approve the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2005/2006. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2006 budgets for solid waste disposal ((Fund 470) and mandatory trash collection (fund 473). Resolution 2005-335 10) Recommendation to approve an eight (8) month extension, through May 9, 2006, for the existing Deep Injection Well Construction Contract 01-3193 with Youngquist Brothers, Inc. To construct, repair, and maintain the County's deep injection wells 11) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 12) Recommendation to approve a Budget Amendment to transfer funds in the amount of$200,000 from project 725101, the North County Water Reclamation Facility (NCWRF) Process Control Building Expansion to project 725091, the South County Water Reclamation Facility (SCWRF) Process Control Building Expansion. To complete construction for expanding and modernizing the existing process control building at the SCWRF to accommodate the technical needs imposed by the new plant expansion 13) Recommendation to approve a "Consent to Encroachment" for utility easements lying within Summerwind Apartments, Phase I and Phase II. For water lines to provide service to the development 14) Recommendation to award Contract 05-3785 "Fixed Term Utility Engineering Services" to thirteen (13) firms. As Detailed in the Executive Summary D. PUBLIC SERVICES Page 16 September 27,2005 1) Recommendation to approve the FY 06 Agreement with the David Lawrence Center, Inc. for $989,100 To support behavioral health and substance abuse programs 2) Recommendation that the Board of County Commissioners sign an agreement with the Agency for Health Care Administration for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, County Health Department, and David Lawrence Center to generate an additional $481, I 00 in federal matching funds. To provide enhanced services to low-income individuals 3) Recommendation to approve the attached budget amendments recognizing a $68,000 donation from the Marco Island Chapter, Friends of the Library, and transferring $200,000 from Library Trust Fund (612) to Library Capital Fund (307) for the construction of Rose Hall at Marco Island Branch Library. 4) Recommendation to adopt a Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. Resolution 2005-336 5) Recommendation to approve a budget amendment recognizing revenue in the amount of$38,706 from an insurance payment covering damage to the shade structure at Sugden Regional Park ski area. To repair a shade structure at Sugden Regional Park Amphitheatre that was damaged during a storm E. ADMINISTRATIVE SERVICES Moved to Item #10H 1) Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. Page 17 September 27, 2005 2) Recommendation that the Board of Commissioners waive the Purchasing Policy as allowed under Section VII.G. of the policy and approve a retention agreement with the law firm of Langston, Hess, Bolton, Shepard, & Augustine P.A. and the law firm of Kelley, Stiffler, & Thomas PLLC, to defend certain Workers Compensation litigation cases on behalf of the County and the County's excess . . Insurance carrIers. As Detailed in the Executive Summary 3) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the third quarter of FY 05. To settle certain damages claims against Collier County and to authorize the payment of investigation and adjustment expenses 4) Recommendation to Award RFP #05-3747R "Indoor Air Quality Service" to Pure Air Control Services for Indoor Air Quality (IAQ) testing, cleaning and remediation services. To maintain over 660 separate county facilities that requires continual inspection, repair and maintenance 5) Recommendation to approve the purchase of Property, Casualty, Automobile, Workers Compensation and ancillary insurance and related services for FY 2006. As Detailed in the Executive Summary 6) Recommendation to approve an Agreement for the conveyance of GAC Trust Reserved Land to the Collier County Parks & Recreation Department, at a cost not to exceed $20. As Detailed in the Executive Summary 7) Recommendation to approve a First Amendment to License Agreement with St. Matthews House, Inc., for the continued use of parking spaces at the Government Center, at a term revenue of $50. So their food program may continue to operate without being in violation of County Code 8) Recommendation to approve the attached Lease Agreement for office space on South Horseshoe Drive and associated expenses, including Page 18 September 27, 2005 rental, common area maintenance, renovations, and relocation of Health, EMS and IT Departments offices, at a first years cost not to exceed $396,000. To provide additional office space for the Health Department, Community Development and Environmental Services Division F. COUNTY MANAGER 1) Recommend approval of First Amendment to Contract No. 03-3537 with Paradise Advertising and Marketing, Inc. for an increase in the monthly fee to $25,000.00 per month or $300,000.00 annually to cover all professional time, media and production up to $2,000,000.00 annually. 2) Recommendation to approve First Amendment to the 2004/2005 Tourism Agreement Between Collier County and the Conservancy of Southwest Florida, Inc. Requesting a I-year extension to September 30, 2006 for the completion of the Category "C" grant for the exhibit called Everglades: A work in progress at the Conservancy Nature Center. 3) City of Naples Category A Grant Application Amendment for Doctors Pass Dredging Project 905501 in the amount of $125,000. To equal the bid price for the dredging of Doctors Pass 4) Approval of budget amendments. 5) Resolution of the Collier County Board of County Commissioners requesting the Florida Department of Environmental Protection to include the funding for the City of Naples/Collier County Beach Renourishment Project in the Fiscal Year 2005/06 Legislative budget request. Resolution 2005-337 6) Recommend Approval of Coastal Planning and Engineering Time and Material, Not- To-Exceed Proposal for $35,000 to study and recommend the most effective approach to permit and re-nourish Clam Pass Beach Park. (Project 900281) Page 19 September 27, 2005 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Continued to the October 11, 2005 BCC Meeting 1) Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase effective October I, 2005 and a $5000 bonus to be paid on September 30, 2005 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. 2) To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA to transfer $20,992 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a portion of a landscape and irrigation improvement project in the Davis Blvd medians at the Brookside Drive intersection. 3) To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA (Reserve for Capital) to transfer $12,000 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a landscape and irrigation project at the US41 / Davis Blvd intersection. 4) To approve a Fund 187 Bayshore Gateway Triangle Budget Amendment of $3,000 from reserves to acquire computer systems. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests approval for reimbursement for attending a function serving a valid public purpose: to attend the 2005 NAACP Annual Freedom Fund Banquet on October 15, 2005 in the amount of$55.00, to be paid from Commissioner Fiala's travel budget. To be held at the Elks Lodge, 3950 Radio Road, Naples, Florida 2) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the One by One Leadership Foundation of Southwest Florida Meeting/Luncheon on September 16, 2005 and is requesting reimbursement in the amount of $10.00 to be paid from his travel budget. To be held at the One Stop Center, 750 5th Street South, Page 20 September 27, 2005 Immokalee, Florida 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Southwest Florida Workforce Development Board's Annual Retreat Awards Dinner on September 16,2005 and is requesting reimbursement in the amount of$25.00 to be paid from his travel budget. To be held at the Marco Island Hilton Beach Resort, 560 South Collier Boulevard, Marco Island, Florida 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the "Wake Up Naples Breakfast" sponsored by the Naples Chamber of Commerce, on September 21, 2005 and is requesting reimbursement in the amount of$17.00, to be paid from his travel budget. To be held at The Naples Hilton, 5111 Tamiami Trail N, Naples, Florida Moved Section #D-1 to Item #10J I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve writing off Accounts Receivable in the amount of$514,328.80 to comply with Auditor recommendations included in the Management Letter of the Fiscal Year 2004 Collier County Annual Audit. As Detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation to approve Agreed Order Awarding Engineering Expert Fees & Costs of$9,250 for P. 141,841, & 143 in the case Collier County v. Primera Iglesia Cristiana Manantial De Vida, Case No. 03-2372-CA (Golden Gate Pkwy Project 60027).(Fiscal Impact $9,250) Page 21 September 27, 2005 2) Recommendation to approve Agreed Order A warding Engineering Expert Fees & Costs for $3,650 for Parcels 142, 742A, 742B, & 942 in Collier County v. Parkway Community Church of God, Case No. 03-2374-CA (Golden Gate Pkwy Project 60027).(Fiscal Impact $3,650) 3) Consider Proposed Settlement Agreement in reference to Florida State Underground, Inc. v. Collier County, Case No. 03-4177-CA, now pending in the Twentieth Judicial Circuit, Collier County, Florida and give direction to County Attorney regarding the litigation. County to release a retainage in the amount of $113,877.14 to FSU without interest 4) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 118 and 718 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05-752-CA (Collier Blvd 951 Project 65061 ).(Fiscal Impact $54,397.50) 5) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$124,670.00 for the Acquisition of Parcels 108 and 708 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact: $58,987.38) 6) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$221,300.00 for the Acquisition of Parcels 107 and 707 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact: $73,300.26) 7) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$129,500.00 for the Acquisition of Parcels 106 and 706 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact: Page 22 September 27, 2005 $63,186.22) 8) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$156,500.00 for the Acquisition of Parcels 109 and 709 in the Lawsuit Styled Collier County v. Susan C. Hallock, et al. Case No. 05-0646-CA (County Road 951 Project No. 65061). (Fiscal Impact: $70,777.04) Continued to October 11, 2005 meeting 9) Recommendation to authorize the County Attorney to file a lawsuit after October I, 2005 compelling JC Drainfield Repair, Inc., its principles, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance No. 03-18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX and as otherwise provided by law. 10) Recommendation to Approve a Budget Amendment in the Amount of $118,567.35 to Transfer the Balance of the Funds from Fund 652 Reserves to Its Operating Budget and to Transfer the Total Amount Collected in Excess of $108,309.66 (the Statutorily Mandated Amount that the Board of County Commissioners Must Fund the Legal Aid Society). Moved to Item #10G 11) Recommendation that the Board of County Commissioners Approve a Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit Increase for the Office of the County Attorney. 12) Recommendation to Approve Settlement Pre-Litigation and Prior to Mediation Pursuant to the Alternative Dispute Resolution Procedures in Countywide Paved Shoulders and Sidewalk Improvements Contract 03-3528 With Better Roads, Inc. for Full and Final Settlement of All Outstanding Liquidated Damages Claims in the Amount of $10,000.00 to be Paid to Better Roads, Inc. Page 23 September 27, 2005 13) Recommendation to Approve Settlement Prior to Arbitration- Mediation in the Lawsuit Entitled: CPOC REALTY v. THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO.: 04-5636-CA FOR $20,000.00. 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 RECOMMENDA TION 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 QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Moved to Item #7C A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-04-AR-6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. B. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled Correctional Impact Fee Study, Collier County, Florida, establishing methodology for the annual indexing adjustment to the Correctional Facilities Impact Fee Rates, and providing for a delayed effective date of November 1,2005. Page 24 September 27, 2005 Ordinance 2005-47 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3588: Frank Clesen & Sons, Inc., represented by William L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current LDC PUD requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County Florida. This property consists of 4.33 acres Ordinance 2005-48 Continued to the October 11,2005 BCC Meeting D. This item was continued from the September 13. 2005 BCC Meetinl!. To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. Moved to Item #8F E. To obtain Board of County Commissioners Approval to repeal Ordinance 90-30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05-_. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 25 September 27, 2005 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING SeDtember 27. 2005 Item 90 - Continue to the October 11. 2005 BCC Meetina: The annual performance appraisal for the County Attorney. (Commissioner Coyle's request.) Item 10C - Continue to the October 11. 2005 BCC Meetina: Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). (Staff request.) Item 1 OE - Continue to the October 11. 2005 BCC Meetina: Review and approve the FY 2006 Annual Work Plan for the County Manager. (Commissioner Coyle's request.) Item 10F: Attachment #4, page 30 of 30, the umbrella liability amount should be $10,000,000 rather than $20,000,000. Corrections have been made to original documents. (Staff's request.) Item 12A: The first paragraph of the Executive Summary should read "residents" rather than "residence". (Commissioner Fiala's request.) Item 16A1 0: In the attachment Addendum to Agreement for Waiver of Deferral of Collier County Impact Fees: Page 3, first paragraph, 2nd and 3rd lines, the text "the appendix to the Impact Fee Ordinance" has been struck through and replaced with Article IV of ChaDter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated ImDact Fee Ordinance). Page 3, first paragraph, 10th line, the words "appendix to the Impact Fee Ordinance" were deleted and replaced by the words Provisions cited above. Page 3, second paragraph (D.), 15th and 16th lines, the words Collier County Consolidated were added. (Staff request.) Item 16B2 - Move to 101: Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. (Commissioner Fiala's request.) Item 16B4: The agenda index title should read: "Recommendation to approve the use of transportation disadvantaged funds (427) . . .." (rather than transportation disadvantaged funds (126). (Staff's request.) Item 16B10: The agenda index title should read: ".... Purchase and Delivery of Fungicides, Herbicides and Insecticides. .." (rather than Fungicides, Pesticides and Insecticides.) (Staff request.) Item 1604: At the September 22 BCC/Budget Public Hearing, the BCC voted to deny the institution of a $20 beach parking fee, therefore necessitating a change in the fee policy and resolution. Copies of the new fee policy and resolution have been made available. (Staff request.) Item 16E1 - Move to 10H: Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. (Commissioner Coyle's request.) Item 16E2: The agenda index title should read: ".... law firm of Langston, Hess, Bolton, Shepard & Augustine, PA. .." Augustine was omitted from the title. (Staff's request.) Item 16G1 - Continued to the October 11. 2005 BCC Meetina: Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase effective October 1, 2005 and a $5000 bonus to be paid on September 30,2005 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. (Commissioner Coyle's request.) Item 16K3: Recommendation should read: "That the Collier County Board of County Commissioners approve the settlement agreement (agreement provided for the record). (Staff request.) Item 16K9 - Continue to October 11. 2005 BCC Meetina: Recommendation to authorize the County Attorney to file a lawsuit after October 1, 2005 compelling JC Drainfield Repair, Inc., its principles, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance No. 03-18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX and as otherwise provided by law. (Commissioner Coletta's request.) Item 16K11 - Move to 10G: Recommendation that the Board of County Commissioners approve a resolution approving the 2006 Fiscal Year Pay and Classification Plan, a general wage adjustment (COLA) and merit increase for the Office of the County Attorney. (Commissioner Coyle's request.) Item 17 A - Move to 7C: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-04-AR-6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. (Commissioner Fiala's request.) Item HE - Move to 8F: To obtain Board of County Commissioners approval to repeal Ordinance 90-30, as amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance NO. 05-_. (Commissioner Henning's request.) Time Certain Items: Item 8E to be heard at 11 :00 a.m.: A request that the Collier County Board of County Commissioners adopt an ordinance amending Ordinance No. 04--41, as amended, the Collier County Land Development Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by the Board for the following purposes. Amendment of Section 2.03.07 Overlay Zoning Districts adds implementing provisions for three (3) new Transfer of Development Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP) amendment CP-2004-4. Amendment of Section 2.03.08 is required to implement the "glitch" amendment CPSP-2003-11 to the GMP as well as further implementing the TDR Bonus Credits and Rural Village Standards as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit Development (PUD) Procedures is to add provisions for PUD expiration and retirement of excess numbers of dwelling units. Item 9E to be heard at 1 :00 p.m.: Discuss the taking by Eminent Domain action of the land currently occupied by Caribbean Gardens and other surrounding lands that would serve a public purpose. Provide guidance to staff. Item 9F to be heard at 10:00 a.m.: Discussion of the RFP and subsequent contract for the proposed expansion facility at the Golden Gate Library. Item 10D to be heard at 4:00 p.m.: Recommendation to (1) consider three lobbying firms, as reviewed by a staff selection committee, that responded to RFP 05-3883 for Professional State Lobbyist Services; (2) choose one of the finalists to represent Collier County; and (3) authorize the County Manager to negotiate a contract with the selected firm. Item 14(1) (should have been 14A) to be heard at 3:30 p.m.: Consideration of a request for LDC deviations for SoNa - SDP #7905, a redevelopment project within the Bayshore Gateway Triangle CRA. NOTE: Item 16F1: The contract with Paradise Advertising was for three years and we are renewing the final year with the suggested amendment. It is our plan to put this advertising and marketing services contract out for bid next summer at the end of the current three year agreement. (Staff request.) PROCLAMA TION J 4t, WHEREAS, in an effort to preserve the memories of our local World War II veterans so future generations can hear firsthand the sacrifices made by the "Greatest Generation, " the Collier County Communication and Customer Relations Department worked with local veterans organizations and other county departments to identify Collier County World War II veterans and coordinate interviews to record their war experiences on audiotape,' and, WHEREAS, the goal of this oral history project is to capture the memories of these veterans and share with the community personal stories that reflect the tremendous sacrifices this generation made so that we could continue to live in a free nation,' and, WHEREAS, to date, nearly J 00 WWII veterans have signed up to participate in the WWII Capture Livin9 History project and more than 60 interviews have been conducted,' ane/, WHEREAS, Colli vetera this pro the "Grea esidents.:,wish . to express apprec(ptiJJ~. to. all WWII .' ":,', ._:_:_--<'~sr"F'-'f'<---i><",,;'U . unse(ffsh service f . '.ql/Jfltion and hope that (J.11 tfl,/!.e . tion and gratitude to '-If;.1,,,,,j:i';_;;f:m,:~1\'' WHEREAS, all interviews were con. veterans thems to this pro~~~i rearrang '. going W~ Cou, pro WHEREAS, a NOW THEREFORE, be it prockUI17. County, Florida, that 'Ifty Commissioners of Collier , 2005, be designated as Collier County WWII Veterans' Day DONE AND ORDERED THIS 27h Day of September, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORI. ..I I . ~ ~ ~., 'I. . A4-~~.:.(;,,41/ ,l~- . '"4" "''' ~ ~- ~ 4i ~;, \i:.~ ~ : ;;;~~ , ::~~ij" :~ - ;;;- .~....t.4).!; "", ..,.." 1l ~ . , '... p: ~"~""7a ~ . ...".... . -r-~ -"':~ . . ~ .:- ,. .~> ~ .4' ~~~ "<'~- .- ~:i.~C~~ s\ ,t 48 PROCLAMA TION WHEREAS, an important part of the Collier County and University of Florida Extension is to inform residential gardeners about the Southwest Florida eco-friendly urban gardening; and, WHEREAS, trained Master Gardener volunteers perform an extremely important role in this service; and, WHEREAS, one Master Gardener volunteer has shown himself to go above and beyond expectations in teaching residents what plants are appropriate to Collier County's climate, their water limitations, and how to care for them in a Florida friendly way; and, WHEREAS, this volunteer has become a stand-alone Master Gardener and has given his time to receive training, write news articles, initiate the Southwest Florida Horticultural Learning Center Walk- Thru Guide ardens and donated his time and ef6 ve as Friends of Extensio WHEREAS, e in the 'S benefit to FRED W. COYLE, CHAIRMAN NOW THEREn DONE AND OR ATTEST: , 4C ~. '. PROCLAMA TION WHEREAS, Sheri Bennett has made multiple contributions to the Immokalee community: and, WHEREAS, Ms. Bennett, as an entrepreneur and businesswoman operated a successful flower shop in Immokalee for six years: and, WHEREAS, Ms. Bennett is a founding Board Member and for the past two years the Executive Director of the Immokalee Multicultural Multipurpose Community Action Agency, Inc.: and, WHEREAS, '$, Sheri Bennett e's Medical Office WHEREAS, as a powerful successfull Skills n o issioners be NOW THERE~ 'OMMISSIONERS , FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: 40 PROCLAMA rION WHEREAS, the arts and cultural community of Collier Community enriches the lives of all residents and visitors; and, WHEREAS, tourism in Collier County is significantly enhanced by the areas diverse offerings of arts and cultural activities; and, WHEREAS, the arts playa key role in the business community and make a significant contribution to the countys economy; and, DONE AND ORDERED THIS 27'h Day 0 an active role in area . n; and, WHEREAS, members of the art. schools, enha WHEREAS, there i arts must .County, with 30+ , I artists and t-Iovers; and, WHEREAS, Jg a series of the month NOW THEREn Co issioners of signated as BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMA XAudubon OF FLORIDA I " M~Jl JJ27.JO$ : 'oft /*I&A ~AuRY>>PN ((R; ~ -==--- Big Cypress Policy Office 660 Tamiami Trail, North, Suite 32A Naples, FL 34102 239-643-7822 n~~) R r~:-IIIJ1(L.~t~~ljJ-llli2!l~2!]; Septennber22,2005 Collier County Board of Commissioners Fred Coyle, Chairman 3301 East Tamiami Trail Naples, FL 34112 RE: Mirasol Flowway Commercial Excavation Permit Application #3853 (Public Petition Item 6A for Regular Meeting on September 27, 2005) Dear Commissioners: Audubon is herewith petitioning you to reconsider your provisional approval of the above referenced commercial excavation application for a 200 feet wide, 4 feet deep, and 3 mile long drainage channel associated with the MirasoI36-hole, 800 unit golf course community. We urge you to withdraw your May, 2004 provisional approval for the following reasons: 1. BCC provisional approval given over a year ago with understanding that this project was going to receive its Army Corps permit "any day". No permit has been issued. We believe this is because of serious unanswered impact questions that have surfaced. 2. BCC provisional approval given with understanding that the "flowway" would be an ecological and flood protection benefit for the region. Since then, new data and analysis (below) have raised serious questions about likely impacts to wetlands both on site and off site, including at Audubon's Corkscrew Swamp Sanctuary. Also, it is now apparent there are woefully insufficient data to support the flood protection functions or needs of the drainage channel. 3. Mirasol has insufficient and only anecdotal data to support existence of higher than normal water on site, and thus no hard evidence for any need to lower the water levels with a ditch, except for building golf course communities in the middle of the Cocohatchee Slough. (The Mirasol golf course community is located on a 1700 acre site with 1500 acres of jurisdictional wetlands.) Audubon has made numerous observations of lower than normal water levels here, through walking and aerial visits to the site. 4. The South Lee County Watershed Plan (1999) made numerous recommendations to address east Bonita flooding, as occurred in 1995. Most of these have been done, and Audubon asserts they have been largely successful, with no further flooding. There is no need for the flood protection function of excavating this drainage channel at the expense of hundreds of acres of wetlands and habitat destroyed. 5. The U.S. Army Corps of Engineers, in their March, 2005 review (sum\n.ry L~A revised hydrologic modeling submitted by Mirasol, concludes that there are not sufficient data to say whether the proposed excavated drainage channel will provide any of its purported benefits, nor whether the channel will harm Corkscrew Swamp Sanctuary . 6. Dr. Thomas Van Len4 on behalf of Audubon and others, also reviewed the Mirasol channel modeling (summary attached). He found there were not sufficient data from Mirasol to even say if their model was accurate. In addition, assuming Mirasol's model is accurate (which it is not), it shows most of the on-site wetlands will be damaged by this ditch, and many off-site wetlands, including Corkscrew Swamp, may be harmed. 7. The U.S. Fish and Wildlife Service's Biological Opinion from March, 2005, concludes there will be both on and off-site wetland impacts to such an extent that they issued a "take permit" to kill up to 47 wood stork chicks annually at the Corkscrew Swamp colonies. Audubon has reason to expect the endangered wood stork chick mortality and losses will be much higher than this. TIlls is NOT a wood stork benefit in any analysis. 8. Collier County has an obligation and ability to protect listed species, such as wood storks, regardless of the permits issued or not by the federal and state agencies. Collier Comprehensive Plan Policy (CCME) 7.1.2 outlines this obligation and subparagraph 3 does not take this away when take permits, or other locally harmful permits are issued by outside agencies. Audubon respectfully asks for your consideration to quickly withdraw, at your next BCC meeting, the provisional approval you granted over a year ago for this clearly ill-conceived Mirasol commercial excavation project. Based on all the above information and analysis done since that time, we believe this is a prudent step to assuring protection of Corkscrew Swamp, its wood storks, and all of our vital wetlands in this significant watershed. Sincerely, # , /\ /. / ~J'~/ /;'~. ~'~___'l.-// ,,<i - r Brad Cornell . Big Cypress Policy Associate "'ifJ .,........ f 6 A ...,~-R) BCC Agenda Item 6A - Public Petition regarding Mirasol Excavation Permit"'. Backup Item #1 : Memorandum To: Everglades Advisory Council West Coast Task Team From: Thomas Van Lent, Senior Scientist, Everglades Foundation Date: June 9, 2005 Subject: Review ofMirasol Project Hydrologic Modeling Conclusion Assuming the model is reliable, the results indicate that most of the delineated wetlands in the project boundary will be impaired Moreover, the model results suggest that seepages will significantly increase from nearby upstream areas, which would adversely impact wetlands external to the project boundary, such as the Corkscrew Swamp. Summary In review of the available information, it is not possible to develop a fact-based opinion of the reliability of the model, as key information has been withheld. Moreover, the common metrics were not applied, and those that were applied are misleading or inappropriate. However, asswning the model is accurate, it shows a significant loss of wetland function within the project area and external to the project boundary. Additionally, I find that the Corps' two reviews of the modeling were focused, relevant, and reached similar conclusions on the modeling application, though they did not analyze the modeling results and wetland impacts. The Corps' reviews asked for information and suggested changes that were entirely consistent with general practice of hydrologic modeling. The applicant's engineering consultant did not appear to respond directly to the Corps' request for either more information or modifications to the modeling approach. Backup Item #2: Jacksonville u.s. Army Corps Memorandum on Mirasol Hydrologic Model Review (March, 2005) 3. Summary of Conclusions: 3.1 Appropriateness of the model. - Since the level of uncertainty cannot be calculated with out employing a rigorous and time-consuming process, we cannot offer a definitive recommendation in this regard. A statement regarding a high level of confidence in the Applicant's modeling cannot be made, nor can such a statement be made to ascertain if the modeled flow-way system will perform as predicted. 3.2 Need for the Flow-way for regional flood reduction. - The modeling asepresented does not provide sufficient level of detail to ascertain the necessity of the flow-way, nor does the supporting documentation provide such justification. Since readily available measured stage data is not available to make a pre-post SLCWP 1 comparison, additional data would need to be collected. Alternatively, the entire system should be modeled with and without the flow-way and the changes in seasonal water volumes should be evaluated along with instantaneous stage evaluations. '6A """it~ . ., 3.3 Evaluation of Regional Effects on the Corkscrew Swamp Sanctuary - The modeling and supporting documentation focuses on the predicted changes in peak stages at surrogate indicator cells within the Local Model. The modeling and documentation did not provide information that would reflect the changes in water volumes in the upstream wetlands. The potential effects that such reductions in volume would have on the Corkscrew Swamp Sanctuary were not addressed. 4. If you have any questions please contact Mr. Story at extension # 1158. STEPHEN C.DUBA, P.E. Chief, Engineering Division -------------------------- Backup Item #3: U.S. Fish and Wildlife Service Biological Opinion for Miraso~ March 9,2005 (excerpts) The 375-acre shallow water wetland loss represents approximately 0.13 percent of the available foraging area within each of the three colonies whose Core Foraging Areas overlap the project (Table 8). Although these wetlands may be adversely affected by the flow-way and productivity as a foraging prey base for wood storks may be affected, we believe based on the status of the species discussed previously and the status of the species in the action area, the loss/reduction of foraging value to the wood stork associated with these systems is not significant (0.13 percent) and is not expected to result in jeopardy to or a reduction in the geographic distribution of the wood stork. [cut] Wood Storks The Service anticipates incidental take of wood storks will be difficult to detect for the following reasons: (1) wood storks forage over a wide area; (2) the CF A includes all wetlands within 18.6 miles of the colony site; and (3) losses in nesting productivity may be masked by seasonal fluctuations in numbers based on other natural causes affecting food availability, such as drought or flooding. which will also affect foraging efficiency and nesting success. However, the following level of take of this species can be anticipated by the loss of 962 acres of wetlands (587 direct and 375 indirect), which could result in diminished wood stork productivity. The 587 acres of wetland losses from direct effects and the 375 acres of wetland losses from indirect effects are impacts to mainly short-hydroperiod wetlands. [cut] The Service anticipates incidental take of wood storks in the form ofhann and harassment from the direct loss of 962 acres of wetlands resulting in the loss of 47 nestlings per year throughout the life of the project and is authorizing take which results from such loss. Backup Item #4: Collier County Growth Management Plan - Conservation and Coastal Management Element 2 "'6 A """ *- C CRj GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. (11)(11I) OBJECTIVE 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. (11)(11I) Policy 7 .1.2 [this Policy reflects merger of Ordinance No. 2002-32 and 2oo2-54J Within areas of Collier County, excluding the lands contained in the RLSA Overlay, nonagricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. [cut) (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. 3 Bee-Ii. ql,l~,I05 .~.. ....~1fW;tfAni...-'C1Z) lJjjj;'E!.ItEJ!J2j lJjjJEJJjEJ.:1:~MI1J :l./,:..;JjEJ j...., J .('.:..z.!::J..-:'J \=~<t;.:J,...1 . ";1\ .rt;.:J -;....J :::j., if j('J.. I,II-;J';:...J r J:...JI}" :...Jj,=" JJ .J.J...." _:1.G."J .~ _fJ .,J-....J.;,;J '~J J .....; ..J _ ' ..J:J _J -I ......"J ---1.-':/..-' .J 1999 ,._ k-.- ) .../ i i I l r 1985 ----'~.... r.. .;i.D...... . WERANDS AS DESIGNATED r........... _ '<... ON SFWIuIl1985 ~/ .... lIMPS = 507.2 /'.';<..... . 0 UPLANDS AS DESIGNATED if'.. ON SFWIuIl1985 _ ~ lIMPS = 1,071.3 Ac.:!: ( --'r{ REMAIUNG VARIOUS QUAUlYWEll.ANDS 1999 = 1,317.1 Ac.:!: SURVEYED & APPROVED D SFWIuIl UPLANDS 1999 = 261AAc.:!: Ananta Nath [anath@sfwmd.gov] To: Cc: Subject: Sent: Wed 11/19/2003 11: 13 AM LAURITSEN, Jason Re: [Fwd: Wetlands designations on Mirasol] Attachments: This is what Ross wrote. Any questions, please call me. Thx. Ananta Ross Morton wrote: > A standardized state wide wetland delineation methodology was > established and adopted by rule (62-340, F.A.C.) between 1994 and > 1996. It did significantly change how wetlands were delineated. In > addition, it required state, county, etc. to utilize the same > delineation methodology. Prior to the wetland delineation rule it was > common to have a 4 different agency lines (i.e., DER, DNR, SFWMD, and > USACOE). USACOE still uses their own methodology. 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COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPME:!IJT AND ENVIRONMENTAL SERVICES DlVtsION Planning Se~ices Department 2800 Nortb Horseshoe Dri\'e ~aples., Florida 34104 FAX MEMORANDUM (9ll~) 643-3266 or (94~) 643-6968 TO TI:HE: J.:J- / / 'i r 2 2. r Q--LL- DATE: FAX NmmElt: 57 Lj. - CJ B 9 4 NAME: J2.J eX SOSNOt0..sK j / FIRM/DEPARTMEN"!':--'.2 +p of- C,A-p..2. ~ CITY, STATE: FROM NAME: S c..A-S~r-:1 me..., rv4tf DEPARTMENT: TELEPHONE: Lfo 3 - ~ l.f 0 (J TOTAL l?AGES mCLO'D:rNG COVER SHEET: /~ SPECIAL INSTRUCTI:Olll: Rick -Tined 10 cedi loa.. M-r..;ou- wererJ 6- In Yf1e. 1'1, J L _" c/I"ttF= r. J 1L' J 01t1C6- rfCFe. rs:'-fnE. ord1fl.LiNCE FrOrYI /Y2t+t<c.o /sC.4A-IP. /( Cj04 naiJ€-. qa.u./ioYlS / nucf ,'h1AN. ,nIV - '/Iv. ~/(u1rle.r <Me. re is l:?rft /J.Al (nJ,/k-- QL{I-3g9-S0tJo,h-e CaP? e/p)'ou../~~ PhoDe\9~1)~03-2400 Fax(941)6~3-6968 www,l;o.collier.fl.U5 . 1.210.1/99 09: 29 FAX 9416436968 COLLIER CO COMMlmITY DEV __'__ _.__0'- ----..--- 12/01/9W WED '08:06 pAX 9413894359 CITY OF MARCO ISLAND ~002 "7 A".:fi _.--~----- . .... . CITY OF MARCO ISLAND ORDINANCE 99-_" AN ORDINANCE RELATING 10 THE REGULATION OF BOAT DOCKING FACIU11ES; ESTABUSHING INTENT AND PUR~OSE; PROVIPING FOR PERMrITED ACCESSORY USEi PROVIDING DEFINIDONS, DIMENSIONAL STANDARDS AND ADDmONAL REQUIREMENTS; PROVIDING REGULATIONS FOR MINOR-AFTER-l1-iE-FACT ENCROACHMENTS; PROVIDING BUILDING PERMIT AND COrJ51RUCTION 5TANDARDS~ ESTABLlSHING CRITERIA FOR BOAT DOCK EXTENSION; PROVIDING STANDARDS FOR REPAIR AND REBUILDING OF EXISTING BOATHOUSESj ESTABliSHING CRITERIA FOR PROTECTION OF I'JIANATEES; AND PROVIDING AN EFFECTIVE DATE. WHEREASr Article V:ID or the State Constitution and Chapter 166 of the Florida Statues provide that municipal1tie; shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municip~1 functionsr and render munIcipal. service5r and m 3Y exerdse any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 1.01 of the Marco Island City Charter empowers the dty to adopt, amend, or repeal or:dinanl;es, resolutions, and codes as may be required for the goad governing of the dt)'. NOW, THEREFORl;, BE IT ORDAINED BY THE CITY COUNCIL fOR THE CITY OF MARCO ISANDt FlORIDA: SECTION ONE: INTEN1r AND PURPOSE It is the intent and purpo,5e of this Ordinance to provide for the adequate securing of moored vessels and to provide safe access by users for routine maintenance and use while mInimizing the impact on the navigability of the wa'rervvay, native marine habitat, manatees, and the use and view of the waterway by surrounding property owners. SECTION TWO: DEFINITIONS Boat dr;cking faa1fty. any structure c:onst:ruct:ed on or over a waterway for tl1e prImary purpose of mooring a boat. This illc1udes docks, walkways, piers, boat lifts, jet ski lifts, davits, mooring piles, dolphins, boathous~ and the like. Boathouse:. a roofed, acc,essory use to a residential structure over navigabJe water, open on all sides and providing covered protectlon to a boat and accessories customary thereto. Canvas and vinyl canopy, aluminum or other such roof types are not considered boat houses. Boat 11ft any mechanical structure, including a davitr capable of lifting or raisIng a vessel clear of the water. ' Dock. any structure, whl:ther fixed In position or floating, to which a vessel can be moored and that provides access to (I vessel from the adjacent upland property. 1 ,12/0J/99 09:29 FAX 9416436968 COLLIER CO COMMUNITY DEV -.-----. f4J 003 "7 A ~:(~ ~:I ---- --- --.----.-.- - - -.-.-- 12/01/99 WED 08;06 FAX 9413894359 cITY OF MARCO ISLAND Jet ski lilt: any mechanical ~;trvcture capable of lifting or raising a jet ski dear of the water. Riparian line:. an imagInary line beginning at the pint at whIch property lines intersect the mean high water line of a waterway and continuing Into the waterway indefinttely. The purpose of the riparian tine, as employed tlY this Ordinance, is to provide a pqint of reference from which to measure setbacks for dockIng facilities. ' Seawal/support pilings: piFngs which are installed against the waterward side of a seawall for the purpose of providing additional support to the seawall. Setback a line marking thl! mtnimum open space distance bebNeen a property line, right.of~ way line, bulkhead line, shoreline, seawall, mean high water mark, access easement line, or other defined location, whichever is most restrictive, and the beginnlng point of a required yard or the buildable area. Swivel jet ski lift any mechanical structure capable of lifting or raising a jet ski dear of the water and whIch swivels 9) tflat the vessel Is stored on land or on top of a boat docking 1=acility. SECTION THREE~ PERJWIITTED ACCESSORY USE Boat docking facility(s) sh311 be permitted as an accessory use on any waterway lot in any single family district subject to the criteria set forth in this Ordinance. A boat docking fadlity(s) shall be permitted as an accessory use on any watervlay lot in any multi-family district subject to the criterla set forth in thIs Ordinance and Section 2.6.22 of the Land Development eade. All boat docking fadlities are subject to, and shall comply with, all federal and state requirements and permits, including bu~ not limited to the requirements and permits of the Florida Department of EnvironmE:ntal ProtectIon, the US Army Corps of Engineers, and the US Environmental Protection Agency. SECTION FOUR: DIMeNSIONAL STANDARDS 1. Protrusion limitations for boat docking facilities A. The combination nf a boat docking facility and moored vessel(s) on lots on a waterway which Is 100 feet or greater in width shall not protrude more. than 20 feet into the waterway. B. The coml;:>inatlon ,:If a boat docklng redlity and moored vessel{s) on lots on a waterway which is less than 100 feet in width but greater than 65 feet in width shall not protrude more than 20% cf the surveyed waterway width. C. Boat docking facilities on lots on a waterway which is 65 feet or less in width. i. Maximum protrusion of 5 feet. D. On any property with only a 5 foot margInal dock the combination of the dock and moored vessel(s) shall not exceed 25% of the waterWay width or 25 feet, whichever is more restridive. No piHng, boat lift, or other structure necessary to moor a vessel will be permitted unless that structure meets the protrusion requirements set in Section 4.1.A- 4.l.C or a boat dod<. extenSion has been approved. E. Protrusion shall be measured from the outer edge of the seawall. On shoulder lots where the propel1:y line is extended into the water, the protrusion shall be measured from the property line. (See Rgure 1) 2. Side yard setback requirements for boat decking facilities and swIvel jet ski lifts 2. , 1,21 q 119 9 09: 30 FAX 941643696 S COLLIER CO COMMlmITY DEV -------- --------------. CITY OF MARcO ISLAND '7A f4J 004 ~004 "", (~ ., .~ r --- 12/01/99 WED 08:06 FAX 9413894359 .---." ... A. Boat doddng fadHties shall have a side yard setback equivalent to 15% of the seawall length. i. The minimum required setback shall be 7 1/2. feet il. The maximum rnquired setback shall be 15 feet B. Lots at the end or side end of a wa'r2rway I. 71/2 feet as m~l$ured from the side property line or riparian line, whichever is appropriate C. Riparian lines i. Lots at the end or side end of a waterway wlth a regular shoreline are established by a line extending from the comer of an end lot and side end lot into the waterway blsectJng eqL!idi:'itantly the angle created by the two intersectlng lots. ii. RIparian lines fc'r all other lots should be established by generally acc~ted methods, taking into con~;ideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods included, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines drawn IJerpendicular to the centerline (thread) of the waterway, or perpendicular tJ the line of deep water (I1ne of navigability or edge of navigable channel) as appropriate for irregular shorelines. No boat docking facllity shall be constructed so as to encroach upon the riparian rights of other property owners. (See Agure 2) D, The setback shaU he measured to the property line. (See Rgure 1) E. Any decked area which is extended or located past the waterward side of the seawall shall be considered part of the doc.k. All height limItations and setback requirements contained herein shall apply to such terrace or patio extensions. ' F. Side yard setback resbictions shall apply to any vessel moored within a boat docking facility . G. Seawall support pilings which are not part of a boat docking facility and meet the height limitations set forth In this Ordinance shall not be required to comply with side yard setbacks requirements. 3. Height A. The decldng on a dock may not exceed 12 Inches in height above the seawall cap. Railings and fish deaning tablE;$ may not exceed 48 inches in heIght above the decking of a dock. The railing may be no more than 33% opaque In qnylO foot increment. B. Mooring pilings may not exceed 12 feet in height above mean high water. C. Boat lifts and pilings used to anchor a boat 11ft shall not exceed 12 feet in height above mean high water. D. Davits located on a boat dotking facility shall not exceed 12 feet in height above the decking of a dock. Davits located on land shall not exceed 15 feet in height above the seawall. E. Seawall support pill-ngs may not exceed 1 foot in height above the seawall. SECTION FIVe: ADDrrroNAL REQUIREMENTS 1. All boat docking facllities are subject to, and shall comply with, all federal and state requirements and permits, including but not limIted to the requIrements and permits of the Ronda Departmef\t nf Environmental Protection, the US Army Corps of Engineers, and the US Environmental protection Agency. 2. Any proposed expansion of or addition to (excluc;ling boat: lifts) an existing non-confol'mlng boat docking facility shall require the entire boat docking facility be brought into 3 . 1210.1/99 09:30 FAX 9416436968 COLLIER CO COMMUNITY DEV 12101/99 4ZJ005 i4l 005 '7 A ....jCiJ " conformance with the re:qulrements of this Ordinance. Any repair or replacement of the structUre within the existing footprint shalt not: requIre that the fac:iUty be brought into. compliance with the standards set forth in this Ordinance. 3. All boat docking facilitie5 in single family d..istricts, regardless of length or protrusion, shall have reflectors and hou;e numbers, which are a mInimum of 4 inches in height, installed facing the water at the Dutermost end of the boat docking 'facHity on both sides. 4. Boats or otherflbating equipment being used as dwelling. units or as commercial vessels may not anchor or tie tJp in waters under the jurisdic:t:ibn of the city fur longer than 48 hours, except at fadlities located in zoning districtS permitting such use and at facilities within such dIstricts de~;ignated for such use and meeting city, county, and state health standards for such use. S. Use of boat docking facil1ties to moor boats for boat rentals, boat repair, boat sales, aSSociated boat supplies storage, or the rental of boat docking facilities in all single and multi-family districts is expressly prohibited. 6. Any boat, accessory at::ached to a boat, or jet ski stored on the decking of a boat docking fadHty must meet the height and setback requirements set forth in Section 4 of this article. 7. MY outside lighting on. a boat docking fadlity shall comply with the lighting regulations set forth in Ordinance 99-:7. 8. No owner, shall allow the boat docking facility located at the owner's lot to become dilapidated, deterloratf;ld, structurally unsound, unsightly or a safety hazard a~ detennined by Code Enforcement. 9. A crane or barge may not sit idle for more than lS calendar days. An extension of up to 15 days may be approved administratively if the barge or crane can not be moved within the initial 15 days due to mechanical problems. 10. Seagrass bed protection A. Where new boat docking fadlities or boat dock extensions are proposed, the location and presence of sf~agrass or seagrass beds within 200 feet of any proposed dock facility shall be identified an aD aerial photograph having a scale of 1" : 200' when available, or a scale of 1/1 : 400' when such photographs are not available. 111e locatlon at seagrass beds shall be verified by a site visit by the Community Development Director or his designee prior to the approval of any boat dock extension or the issuance of any building permit. B. At! proposed boat docking facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses e>dsts off the shore of the property and adjacent to the property, and to minimize negative impacts to sea grasses and other native shoreline, emergent and submerged vegetation and hard bottom communities. C. Where a continuous bed of seagrasses exists off the snore of the property and adjacent to the property, t.le applicant shall be allowed to bulld a boat docking facility 'across the seagrasses or within 10 feet of seagrasses. such boat docking facilities shall l;omp[y with the foHowing con:litions: i. The dock sha,l l;le at a height of at least 3.Sr NGVD. ii. The terminal platform of the dock snail not exceed 160 square feet. iii. The access dock shall not exceed do wIdth of 4 feet. iv. The boat docking facility shall be sited to impact the smallest area of seagrasses possible. D. The applicant or petitioner shall be required to demonstrate how negative impacts to seagrasses and other native shoreline vegetation and hard bottom communities have WED 08:07 FAX 941~S94359 ----- --------- --.---------- CITY OF MARCO IS~~ 4 COLLIER CO COMMUNITY DEV -.-------- -..----------.----- 12/0)/99 09;31 FAX 9416436968 ~006 12101/99 WED 08: 07 FAX 9413894359 CITY OF MARCO ISLAND '7 !iJ006 , '\If-,,, .' A "f-C'R) been minimized prior to the approval of any boat dock extension or the issuance of any buildlng .perrnit. SECfION SIX: PERMU ~il. CONSTRUCTXON REQUlREM'ENTS 1. A aty of Marco Island huildlng permit must be obtained prior to the construction, installation, modification or replacement of a boat docking fadlity. 2. Applications for a buildj ng permit for property located On a man-made waterway must include the following: A. Drawing of currently existing conditions at the proposed site including the property Iines, length of the seawallj waterway width, and location of seaglClsses within 20-0 feet of the subject site, if applicable. B. plans showing the height, width, length and distance from the property lines of all existing and proposed structures to indude pilings, boat lifts,' decking, detail and construction spedfications and aU other information deemed necessary by the Community DevelC:1pment Director or his designee. C. The Community DI~velopment Director or his. designee may require. this information to be fumIstred on a certified survey if information is conflicting. 3. Applicatlons for a buHdlng permit for property located on a natural waterway must lndude the following: A. Survey, prepared and certified by a Ronda registered engineer or surveyor, of the existing condition::; at the proposed site induding the following: i. Wa'ter depths at the seawall II. Water depths at the end of the proposed dock m. Mean high Wcter lIne Iv. Mean low wat.er line v. Mangrove prep root line, if applicable vi. Location of sE~agrasses within 2.0a feet of the subject site, if applicable B. Drawlng (can be included on survey) whIm shows the following: i. Width of watmw~ ii. location of n,3vigation channels, if appUcable 4. If state or federal pe rmlssion is required for the construction, installation, modification or replacement of any boat docking facility, such permission shall be presented in writing to the Community Devl~lopment Director or his designee prior to the Issuance of any building permit for a boat dod<ing fadlity. 5. A final survey, prepmed and certified by. a Florida registered engineer or surveyor, showing the as-built locatIon and depicting compliance with the standards set fC!)rth shall be submitted to the City of Marco Island Building ServIce Department for final approval and Inspection prior to t'le issuance of a certificate of completion for a buildinS1 permit for the construdjon~ Installation, modification or replacement of a boat docking facility. The installation of a jet !iki 11ft which swivels and stores a jet ski onto an existing dock or the installation of seawi311 support pilings shall be exempt from the final survey requirement. 6. In order to address the protection of manatees, during construction one (1) \\Manatee Alert" sign shall be perrna nently affj~ed to the pilings and shall be visible from the ~aterway. 5 12/01/99 09:31 FAX 9416436968 COLLIER CO COMMUNITY DEV -.--.-.- --- -- ---- -'--~-- ------. '7A I4J 007 f4l 008 ~) 12/01/99 WED 08:08 FAX 9413894359 CITY OF MARCO ISLAND vi. whether or not the proposed boat docking facility is of minimal dimensions necessary In order to adequately secure the moored vessel while providing reasonable acce.!s to the boat for routine maintenance without the use of excessive deck area. vii. Whether or not 1he proposed boat docking facility IS of minimal dimensions and located to minimize the impad of the view of the waterway by surrounding propertY' . owners. \liii. Whether or not ':he proposed vessel(s) are in excess of 50% of the length of the water frontage on the subject property such that the extension of the boat docking facility may advl~rsely Impact the vlew of the waterway to surrounding property owners. ix. Whether or not the proposed location and deSign or the boat docking facility and moored vesselCli) in combination is such that it may infringe upon the use of neighboring properties, induding any existing boat docking facillties. x. Whether or not seagrasses are located within ZOO feet of the proposed boat docking facility xi. Whether or not the proposed dock is subject to the manatee protectlon requirements SI,t forth in Section 10 of this artIcle. 2. ihe Marco Island Planning Board and City Council acting as the Board of Zoning Appeals may impose conditiom: upon the 'approval of an extension request which it deems necessary to accomplish the purpose of this Ordinance and to protect the safety and welfare of the public. Such condition~j may Indude, but are not limited to, requiring greater side yard setback(s)t additionall.-ef1ectors, reflectors larger than 4 inches, or prohibiting or restr1cting the amount of deckin~' on the boat docking facility. , 3. AS to any boat dock e:c;tension petition upon which the Marco Island Planning Board takes action, any affected property owner may appeal such final action to the Board of Zoning Appeals. l1"Ie Board of Zoning Appeals may affirm, affirm ~ith conditions, reverse, or reverse with conditions the action of the Planning Board. Such appeal shall be filed with the aty Manager within 11\ days or the planning Board's final decision and shall be noticed for public hearing with th~ Board of Zoning Appeals pursuant to the procedures and appUcable fee set forth in the Land Development Code. Any appeal to'a decision made by the Marco Island City Council adjng as the Board of ZonIng Appeals must be made to the Orcuit Court. . SECTION NINE: BOATHOUSES ' 1. The Oty of Marco Islclnd shall not permIt the construction of new boathoUSes, boat covers, gazebost or similar CClv~red structures extending navigable waterways In any zoning district. 2.. Boathouses which WE:re existing prior to September 21, 1998, may be repaired or rebuilt subject to the followil1g: A. Approval of the Community Development Director or hIs deslgnee will be required prior to the issuance 01= a building pennit to repair or rebuild within the existing footprint including the ove'~hang a stJ"Ucture that was lawfully permitted and for which a certificate of completion was issued. B. Boathouses whid, were legally pennitted but did not receive a certificate of completion shall require public notice and a hearing by the Marco Island Planning Board prior to the issuance of a buLding permit to repaIr or rebuild within the existing footprint. C. Boathouses whic'"I were not issued a building permIt shall require public notice and Cl hearing by both the Marco Island Planning Board and the Marco Island City Council 7 _ 12/01/99 09:31 FAX 9416436968 COLLIER CO COMMUNITY DEV 12/01/99 WED 08:08 FAX 9413894359 CITY OF MARCO ISLAND l7A I4J 008 141 00 i Y J: (Ct2-\ ii", " ~' ,. --------.- ------- SECTION SEVEN: MINOft-AFTER-THE-FACT ENCROACHMENTS 1. Minor after-tile-fact encroac;hments may be approved administratively by the Community Development Director 01' his designee. Encroachments of up to 0.3 feet into the required setback for a boat docking facility for which a certificate of occupancy has not been issued, and encrt)i3chments of Lip 0.5 feet into the required setback. for a boat docking fadlity for which a certificate of occupancy has-been issued may be granted administratively. 2. In order to apply for an administ:rative variance for a boat docking facility" the property owner or his agent shall submit the following to the Community Development Director or Mis designee: A. A survey prepared cmd certified by a Florida registered engineer or surveyor identifying the exact location and size of the encroachment B. A statement of ho~ and when the em:.roachmelit was created C. A statement of current ownership and ownership at the time the encroachment was created D. A letter of no objection from the adjacent property owners E. Any other factors which may show that the encroachment was not intentionally created F. Applicable fee as li:;ted in the schedule of fees SECUON EIGHT: BOAT DOCK ExTENSION 1. Property owners may request a Boat Dock Extension to provide for additional length or protrusion beyond the respective distances specified in Section Four of this OrdInance. A. Additional length cr protrusion beyond the respective distances specified in Section Four of this ,ordinance for boat docking facilities located in any single family district shall require public notil:6 and a hearing by the Marco Island PlannIng Board. B. Additional length elr protrusion beyond the respective distances specified in Section Four of this Ordinance for boat dockIng facilities located in any multi-family, commercial, PUD or DR! district shalt require p.ublic notice and a hearing by the Marco Island planning Board and the City Council acting as the Board of ZonIng AppealS. C. The Planning Soard and City Council shall base Its decision for approval, approval with conditions, or denial, on the following criteria: i. Whether or net the proposed boat docking facility meets the other standards set forth In this Ordinance. iL Whether or nclt the water depth where the proposed boat docking facility Is to be located Is sufficient to allow for safe mooring of the vessel, thereby necessitating the extension request. HI. Whether or not there are spedal conditions related to the subject property or waterway which justify the proposed dimensions and location of the proposed boat dod<ing facility. iv. Whether or nl)t the combination of the proposed boat docking facility and moored vessel(s) ma'l have an adverse impact to navigation within an adjacent navigable channel. v. Whether or n:lt the proposed boat dockin9 fadlity and moored vessel(s) protrude greater than :25% of the width of the navigable waterway, and whether or not a minimum of !iO% of the wamrway width between boat docking facilities and moored vessel{s) on thE! opposite side of the waterway is maintaIned in order to ensure reasonable waterway width for navigability. 6 12/01/99 09:32 FAX 9416436968 12/01/99 WED 08:08 FAX 9413894359 CITY OF MARcO ISLAND I' 7A I4J 009 ~009 ~R) COLLIER CO COMMUNITY DEV -----.-- --------- -------- ---- - ,oi .,..~4 ;f I acting as the Board of Zoning Appeals prior to the issuance of a building pennit to repair or rebuild within the existing footprInt. D. The Community De-.'elopment Director, Planning Board and City Coundl acting as the Board of Zoning Appeals shall base its decision for approval, approval with conditions, or denial, on the following criteria (See Flgure 3): . i. Boathouse must have a minimum side yard setback of 15 feet; This setback requirement will not apply to boathouses located over a cut-In boat slip. it Boathouse may not protrude more than 250/0 of the waterv.ray width or 20 feet into the waterway, whichever Is less iii. Boathouse may not be more than 15 feet in height as measured from the top of the decking to the top of the roof ' iv. Boathouse musl: be complete1y open on all four sides except that the header board can be covered wIth decorative finishing materials or lattice board no more than 12." be~ow the bottc1m of the header board. (See Rgure 2) v. Roofing materiel' and roof color must be: a. Same as thl~ materials and colors which are used on the principal structure; or} b. Palm frond "chickeell style vi. Roof must be hip or gable style roof. When the roof must be changed from a flat roof to a hip or gable style roof, the roof overhang shall not project more than 36 inches into the required side yard setbacks or more that 36 inches beyond the allowed protru~;lon. E. No boathouse ma'1 be used for the purpose of human habitation or storage of materials other than recreational supplies. seCTION TEN: MANATI:E PROTECTION 1. The following are fur the purpose of manatee protection and will be applicable to all multi- slip docking facilities with ten slips or more, and all marina fadlities. 2. Manatee protection A. Proposed developments will be reviewed for consistency with the Manatee Protection Plan eMPP) adopte!d by the Collier County Board of County CommissIoners, and approved by the Ronda Department of Environmental Protection. If the location of the proposed development is consistent with the MPP, then the developer will submit a "Manatee Awareness and Protection Plan", which shall address, but not limited to, the following categories: 1. Education and public awareness ii. posting and maIntaining manatee aWareness signs iii. Information on type and destination of boat traffic that will be generated from the fa c:i Iity iv. Monitoring and maintenance of water quality to comply with state standardS v. Marking of navigational channels may be required 3. Marina Siting A. The purpose of the marina site ratin.g system is to help determine the maxImum wetslip densities in order to improve,existing manatee protection. The marina site rating system gives a ral1king based on three criteria: water depth, native marine habitat, and manatee abunda'ice. In evaluating a parcel for a potential boat facility, a minimum sphere of jnfiuem:e for the boat traffic must be designated. For this plan an on-water travel distance oj; five miles is considered the sphere of influence. B. Rating Criteria 8 12/Q1/99 09:32 FAX 9416436968 COLLIER CO COMMUNITY~Y-- ------~------ ---- ------- CITY OF MARCO ISLAND '7A I4l 010 ~(~~' 12/01/99 WED OS:09 FAX 9413894359 i. A preferred rating Is given to a site that has or can legally create adequate water depth and accesil 'will not impact native marine habitats, and will not impact a high Manatee use area (See Table 10.3) ii. A moderate ranHng is given to a site where: there is an adequate water depth and access, no impal:t to a high manatee use area, but there is an impact to native marine habitatj there, is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth Is less than four feet mean low water (MLW), no Impact to native marine habitat, and no Impact to a hIgh manatee u:;e are~. lli. A protected ranking Is given to a sIte where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an Impact to a high manatee use area; 'there is not adequate water depthr there is impact to Dr destruction of native marine habitat and there is impact to a high manatee use area; there is not ade,quate water depth I 00 Impact to marine habitat, but there is impact to a high manal:ee use area; or there is not adequate depth, there is impact to marine habitat 3nd no impact to a high manatee use area. iv. The exact areas will depend on site specific data gathered during the site development process. Table 10.3 Watel' Death NatiVE! Marine Habitat Manatee Use Greater than less than 4' No Impact;- Impact Not High High 4' MLW MLW Preferred X X X Moderate X X x Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X protected x X X "'for shorelIne vegetation sum as mangroves. no impact is defined as no greater than 5% of the native marine habItat is dIsturbed. For sea grasses, no impact means that no more than 100 square feet of sea grasses can be Impacted. 4. Allowable wet slip derislties A. Preferred sites i. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of up t.o 18 boat slips for every 100 feet of shoreline. Expansion of existing and constructi:m of new dry storage facilities is allowed. Expansion of existing and construction o'F new boat ramps is allowed. , B. Moderate development sites l. New or expanjed wet slips and multi..remily fadlrties shall be allowed at a density of up to 10 boat slips for every 100 feet of shoreline. Expansion of existing dry storage facilities is allclwed. Construdlon of new dry storage facilities is prohibited. Expansion of 4~istlng boat ramps is allowed. Construction of existing boat ramps is allowed. Construction of new boat ramps i~ prohibited. C. Protecb2d site i. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of 1 boat slip for every 100 feet of shoreline. Expansion of existing dry 9 12/~1/99 09:33 FAX 9416436968 ------- COLLIER CO COMMUNITY~~_ ----_..----~--- 12/01/99 WED 08:09 FAX 941~8943S9 CITY OF MARCO ISLAND '7A ~Oll f ~ 011 jt (c\<,' jll' ~ ,j storage facilittes IJr construction of new dry storage fadlities is prohIbited. Expansion of existing boat n,mp or construction of new boat ramps is prohibited. 5. Mitigation A. If a potential boat facility site is ranked as moderate or protected because of Its proximity to a high l!'se maFlatee area its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria in the three way test (See Table 10.3) would not affect the outcome of the ranking. If such slow speed zones are not existing, the city or county may establiSh, with DEP approv.alj additlonal slow speed zones in order to mitigate the proposed additional boat traffic. 6. Implementation A. This ~ting system c:oes not preclude the existing zoning and density regulations required by the current Land Development Code. This system shall be used to determine the allowable maximum powerboat wet slip densIties wIthin future marina sItes for the PUrpOSI! of manatee protection. These criteria will be applied at the appropriate point in the. city permitting process. 7. Exemption A. Existing fac:tlities and facilities which had state or federal perm-its prior to adoption of the county manatee protection plan shall be exempt from these provisions, but will be subject to all other requirements of the LDC. SECTION ELEVEN: EFFECTIVE DATE- This ordinance shall take effect immediately upon adoption by the Marco Island City Coundl. Passed in open and regular sessIon through roll call vote by the City Councll of the oty of Marco Island, Aorida, thIs _ day of T 1999. . em OF MARCO ISLAND, FLORIPA Attest: By: David E. 6randt, Chairman A. William Moss City Monager/c::itY derk Approved as to Form and legality: Kenneth B. Cuyler City Attorney 10 12/01/99 09:33 FAX 9416436968 . __ -=-- _ _ _ _ __ __ _ __ COLLIER CO COMMUNITY DEV 12/01/99 WED 08:09 FAX 94138943S9 CITY OF MARCO ISLAND Figure 1 r7A [4J 012 14]012 '~.-.':':." fL~\ I' ~..J.I -J .... , Shoulder Lot - Shoulder Lot s~,wall Property Une property Line Side End Lot Side- End lot Prope~ line Property Une , 15' 100'+ waterway Property Une .. 15' property Une t7A Cape Coral Marine Improvements Ordinance (Adopted after the Cape Coral lawsuit) (CR) ~.., Orl '7A ':fl' . . -0 . 'J' (c~ I Section 3.14 P~.ptection of Easements ,1 In single-family zones, the six (6) foot easement around the perimeter of sites shall be preserved and nothing shall be placed or constructed on such easements other than a paved driveway, walkway or sidewalk, or well when site conditions make it impractical to locate elsewhere and/or lawn sprinkler system and landscaping as permitted by the Code of Ordinances. (Ord. 66-91, 8/26/91) .2 In multi-family zoning district, where lot depth is greater than 131 feet, the six (6) foot easement around the perimeter of the sites shall be preserved and nothing shall be placed or constructed on such easement other than a paved driveway, walkway or sidewalk, or well when site conditions make it impractical to locate elsewhere and/or lawn sprinkler system or landscaping as permitted by Code of Ordinances, On sites which depth is less than 131 feet, paving of the front easement for parking purposes shall be permitted. (Ord. 66-91, 8/26/91) .3 Nothing in this subparagraph shall prohibit the construction of seawalls, davits, docks or other structures as permitted by the Cape Coral Code of Ordinances, .4 If a utility disturbs the construction upon an easement as allowed by this Ordinance, the landowner shall be responsible for the cost of disturbing and restoring the construction, .5 The City Manager shall review and approve all well sites located in perimeter easements to avoid conflict with existing or proposed utilities, Section 3.15 Adult Congregate Living Facilities (Removed by Ordinance 7-96) Section 3.16 Marine Improvements .1 Definitions, As used in this section, the following words and terms shall have the following meaning: i\, "Boat canopy" shall mean a removable protective cover installed to cover a boat located in the principal mooring area of a dock or over a boat lift; a boat canopy is designed and intended for the purpose of protecting a marine vessel from damage from the elements and is fastened to, erected on, or installed on a marine improvement. For purposes of this Section, covers that protect marine vessels from the elements, but that fasten only to the marine vessel and not, in any way, to a marine improvement shall not be deemed to be "boat canopies". B, "City" shall mean the City of Cape Coral, Florida. C. "Corner" shall mean the meeting of two sides which create an angle less than 180 degrees. L l7A D. "Dock", as used in this section, shall mean any structure, otherwise known as a pier, wharf, or loading platform, extending into the water from a seawall or bank and which may provide berthing for marine vessels. E. "Fender Post" shall mean a post inserted into the canal bottom and fastened to the dock or seawall to prevent damage to the vessel when tied alongside the dock or seawall, F, "Marine Improvement" shall mean a whole, constructed marine structure including, but not limited to, dock, boat lift, mooring posts, walkways, and other interconnecting parts, A boat canopy, its supports, and its frame shall not be considered to be a part of the marine improvement to which they are attached. G, "Mean Water Level" shall mean, in regard to fresh water waterways, the elevation established at the downstream weir, and, in regard to saltwater waterways, the mean high water of +01.5 feet National Geodetic Vertical Datum of 1929 (NGVD-29), H. "Mooring Post" shall mean a post or piling inserted into the bed of the waterway, either freestanding or part of a dock, and of sufficient strength to secure a vessel when made fast thereto, 1. "Outside corner parcel" shall mean a parcel of land which projects into one or more waterways so as to have Q.,vo or more sides abutting such waterway(s), J. "Parcel" shall mean all contiguous land under one (1) ownership. K. "Waterfrontage line" shall mean the line at which a waterfront parcel abuts the waterway. If the waterfront parcel has a seawall, the seawall face shall be deemed the waterfrontage line for the parcel. For waterfront parcels that have a property line, but no seawall, abutting the waterway, such property line shall be deemed the waterfrontage line. L. "Waterway" shall mean any man-made or natural body of water, including but not limited to canals, lakes, and basins, within the City of Cape Coral. .2 Standards, A. Marine improvements which do not extend more than six (6) feet into a waterway as measured from the waterfrontage line may extend the full length of the waterfrontage of the parcel. However, where the end of a parcel's waterfrontage line abuts the waterfrontage line of another parcel, the angle at which such Q.,vo waterfrontage line ends meet shall be bisected and apportioned equally between the two waterfront parcels. Except as provided elsewhere in this Section for corner parcels, end parcels, adjacent parcels, or for parcels located on a lake or basin, no part of a marine improvement shall extend beyond the bisector of the angle. Cc.t<.) ,." , , , ' , 7A (~~) "". ;,.~. ..-, , - B. Except as provided elsewhere in this Section for corner parcels, end parcels, adjacent parcels, or for parcels located on a lake or basin, no marine improvement, including but not limited to docks, mooring posts, boat lifts, lift structures, and/ or walkways, may extend more than six (6) feet into a waterway as measured from the waterfrontage line, except under the following conditions: 1. No part of a marine improvement which extends more than six (6) feet into a waterway shall be located less than twelve (12) feet from the ends of the waterfrontage line, 2. No part of any marine improvement, including but not limited to docks, mooring posts, boat lifts, lift structures, and/or walkways shall project into a waterway to a point more than twenty-five percent (25%) of the platted waterway width or thirty (30) feet, whichever is less, as measured from the waterfrontage line. C. In no event shall the navigable area in the center of the waterway be reduced to less than forty (40) feet in width or to less than fifty percent (50%) of the waterway width, whichever is greater. D, Regardless of design or configuration, and subject to the other provisions of this Section, the following formula shall be used to determine the maximum deck surface area coverage allowed under this Section: 1/2 times (linear feet of water frontage of the parcel minus twenty (20) feet) times the linear feet of the maximum projection into the waterway (25% of the width of the waterway or thirty (30) feet, whichever is less), However, the maximum deck surface area allowed under this Section shall not exceed 1,100 square feet for marine improvements which project from parcels utilized for single family residential dwelling units in R-1, RD, and/ or RX zoning districts, In the event that a marine improvement is permitted on the basis of the requirements for multi-family residential uses in RD or RX zoning districts, and the use of the property is changed to single family residential after the date the marine improvement is permitted, then the marine improvement shall be brought into compliance with the provisions of this Section, including but not limited to the maximum 1,100 square foot of deck surface area limitation, E, No overhead structure shall be constructed on any dock other than an approved boat canopy (or boat canopies) and a sun shelter, Sun shelters shall be erected or installed on docks only in accordance with Section 3,1.2,A.3. of the City of Cape Coral Land Use and Development Regulations. Boat canopies are permitted to be erected and/or installed on marine improvements for the purpose of protecting a vessel from the elements only in accordance with the following: 1. The support(s) and frame(s) of a boat canopy shall be constructed of a corrosion-resistant material, including but not limited to corrosion- resistant metal, PVC, etc" with a diameter or width of not less than one and one-quarter inches (1-1/4"), Boat canopy supports shall be arranged I.7A (~) , .,. in an "open" design so as to allow visibility through the sides with openings no smaller than four (4) feet in any dimension. No boat canopy f h II b f "I'd"" "d' support or rame s a e 0 a so 1 or opaque eSlgn so as to create a "wall", No boat canopy shall have wooden framing or supports, 2, No boat canopy shall exceed thirty-five (35) feet in length or fifteen (15) feet in width unless the Board of Zoning Adjustment and Appeals approves a deviation to allow a greater width or length pursuant to Section 3,16,9, 3. No boat canopy, when measured at its highest point, shall extend more than fourteen (14) feet above the seawall cap, or if no seawall exists, above the decking of the marine improvement. 4, Except as otherwise provided herein for boat canopies attached to joint marine improvements, no part of any boat canopy shall be located less than twelve (12) feet from the ends of the waterfrontage line unless the prior written consent of the affected abutting property owner(s) is obtained, Such consent shall be recorded in the Public Records of Lee County, at the expense of the property owner(s), shall be irrevocable by the affected abutting property owner, and shall be binding on the heirs, tenants, successors in interest and/or assigns of the affected property owner unless the owner of the property with the boat canopy that is located less than twelve (12) feet from the ends of the waterfrontage line consents in writing to the revocation and removes or relocates the boat canopy so as to comply with all applicable requirements of this Section, The owner of the parcel containing the marine improvement to which the boat canopy is attached shall be responsible for providing the aforesaid written consent to the City prior to obtaining a permit for the construction or erection of a boat canopy. 5. The boat canopy shall be of a fabric or material, such as canvas or vinyl, which can be rolled and folded without damage. The boat canopy shall be attached to the boat canopy supports and/ or frames so that it detaches prior to a wind load of seventy (70) miles per hour, Furthermore, no boat canopy shall extend horizontally more than six (6) inches over any dock to which the boat canopy is attached and/or that projects from the property served by the boat canopy. The boat canopy shall be attached to the boat canopy side supports and/or frames so that at least eighty-five percent (85%) of the area of each side of the boat canopy structure is left open and uncovered. 6, No boat canopy shall be located in or over a public waterway unless it is attached to a marine improvement or seawall. No more than one (1) boat canopy shall be located on a marine improvement that projects from a single-family residential use at any given time unless the Board of Zoning Adjustment and Appeals approves a deviation to allow one (1) additional '7A ~R) ". ., . . ., 'r boat canopy to be permitted pursuant to Section 3,16,9. With respect to properties on which multi-family residential uses are located, no more than one (1) boat canopy for each residential unit lawfully existing on the property shall be permitted and no deviation shall be approved that would have the effect of allowing more than one (1) boat canopy for each residential unit lawfully existing on the property. 7. In the event a boat canopy is being removed from its supports for more than a thirty (30) consecutive day time period, the property owner shall notify the City Department of Community Development of the date of such removal as well as the date of the replacement of the boat canopy onto its frame. When the property owner notifies the City that the boat canopy is being removed from its frame, regardless of whether such notification is accomplished in writing, by facsimile, or by telephone, the City shall issue a confirmation number to the property owner, verifying that the notice required by this subsection has occurred. No boat canopy frame is to be left bare without a cover for more than a total of ninety (90) days in any calendar year, except for good cause as provided in this subsection, It shall be a violation of this subsection for a property owner to either fail to provide the City with the required notification of removal or replacement of a boat canopy or to leave a boat canopy frame bare without a cover for more than a total of ninety (90) days in any calendar year (unless the City has approved an extension of time for replacement in accordance with this subsection.) In the event a boat canopy frame is found to be bare without a cover and the City has no record of when such boat canopy cover was removed, then there shall be a presumption that the boat canopy frame was left bare without a cover for more than a total of ninety (90) days in the calendar year. In the event a property owner needs to leave a boat canopy frame without a cover for more than ninety (90) days in a calendar year for good cause, the property owner may request, in writing, that the Director of the Department of Community Development, or his or her designee, approve an extension of time for the replacement of the boat canopy for a period not to exceed thirty (30) calendar days, In determining whether to approve such an extension, the Director of the Department of Community Development, or his or her designee, shall consider factors such as the reason for the removal of the boat canopy, the reason why the property owner believes that the replacement of the boat canopy cover onto the frame cannot be accomplished within the ninety (90) day time frame allowed for such replacement by this subsection, and the effect that the requested extension of time would have on the surrounding properties. The authorized removal of a boat canopy cover pursuant to this subsection shall not affect the status of a boat canopy as a lawful non-conformity so long as all other provisions of this Section have been complied with. 8. Boat canopies, their supports, and their frames shall be maintained in good repair at all times, No boat canopy, boat canopy support, or boat .~ 7A canopy frame shall be allowed to fall into disrepair or to become dilapidated, structurally dangerous, or unsafe whether by act of God, fire, decay, neglect, or other cause, In the event a boat canopy, boat canopy support, or boat canopy frame falls into disrepair or becomes dilapidated, structurally dangerous, or unsafe, it shall be the responsibility of the owner of the waterfront parcel from which the subject marine improvement and boat canopy project to repair or remove the boat canopy, boat canopy support, and/ or boat canopy frame. F. Guardrails and handrails are permitted to be erected and/or installed on structures so long as they do not exceed 42 inches in height (as measured from the deck of the structure) and so long as they are constructed in such a way as to have at least seventy-five percent open space so as not to result in the creation of an opaque barrier. G, Any marine improvement located in a non-residential zoning district or public projects shall require a Florida Registered Professional Engineer to design the marine improvement and seal the plans prior to its submission for approval of the City. All marine improvements that are constructed of concrete shall be designed by a Florida Registered Professional Engineer who shall seal the plans prior to their submission for approval by the City, H, Except as otherwise provided herein for JOInt marine improvements and as provided in paragraph (5) of sub subsection 3,16,2.1. of this Section, no marine vessel (or any part thereof) when secured in any way to a marine improvement shall extend beyond the ends of the waterfrontage of the parcel from which the marine improvement projects unless the prior written consent of the affected abutting property owner is obtained, Such consent shall be revocable by the affected abutting property owner and shall automatically terminate in the event the ownership of the affected abutting property changes, In the event ownership of the affected abutting property changes, the written consent of the new owner must be obtained if the marine vessel is to continue to extend beyond the ends of the waterfrontage of the parcel. 1. All properties adjacent to navigable bridges shall be reviewed individually by the City to determine what, if any, marine improvement may project from that property. Factors to be considered in making this determination include, but are not limited to, public safety and the impact of a planned marine improvement on navigability. J. Parcels located at canal ends and/or parcels located on lakes and basins (excluding outside corner parcels) are subject to the following: 1. For purposes of this Section, a "canal end line" shall be deemed to be a line or lines drawn from the farthest paint where the canal meets land perpendicular ta the sides of the canal, or ta the sides of the canal as extended if necessary. If the side of a canal curves near its end point, (c~) ')lij" ..c,.' .:It '..1'._. " ., ~~) '7A .. :, such canal side shall be extended from the point immediately preceding where it begins to curve. For purposes of this Section, a waterfront parcel shall be deemed to be located at the end of a canal and, therefore, an "end parcel" if any part of the parcel abuts or includes within its boundaries any part of the canal end line or any part of an extension of a side line between the side line and the canal end line, Any waterfront parcel that is not an end parcel, but that abuts an end parcel, shall be deemed to be an "adjacent parcel" for purposes of this Section. 2, Except for parcels governed by paragraph (3) of sub-subsection 3,16,2,1., end parcels shall be permitted to have marine improvements projecting into the waterway up to a maximum of thirty (30) feet. Adjacent parcels shall be permitted to have marine improvements projecting into the waterway up to a maximum of thirty (30) feet or twenty-five percent (25%) of the platted canal width, whichever is less. With respect to end parcels with at least eighty (80) feet of waterfrontage line, no part of a marine improvement which extends more than six (6) feet into a canal shall be located less than twelve (12) feet from the ends of the waterfrontage line of the parcel. With respect to end parcels with more than forty (40) feet, but less than eighty (80) feet, of waterfrontage line, any part of a marine improvement which extends more than six (6) feet into a canal shall be set back from the ends of the waterfrontage line of the parcel in accordance with the following formula: (parcel Waterfrontage - 40 feet) x 0,3. The foregoing restrictions shall apply to marine improvements projecting from adjacent parcels (based on the length of their waterfrontage lines) in the same manner as end parcels, except that on the side of the adjacent parcel that abuts an end parcel, a marine improvement may be built up to the side boundary of the adjacent parcel's marine improvement area, as determined pursuant to paragraph (7) below. With respect to end and adjacent parcels with forty (40) feet or less of water frontage, no marine improvement shall extend more than six (6) feet into the canal except in accordance with the following: a, Such a parcel may have either a platform dock not more than ten (10) feet wide and extending not more than sixteen (16) feet into the canal or not more than two finger piers (with or without a boat lift) that together total no more than six (6) feet in deck width and that extend not more than thirty (30) feet into the canal. b. No marine improvement that projects more than six (6) feet into the canal shall extend more than ten (10) feet either side of the center point of the waterfrontage line of the parcel. Furthermore, no marine improvement shall extend beyond the ends of the waterfrontage line of the parcel. All marine improvements shall be centered on the centerline of the waterfront parcel's marine improvement area, For purposes of this Section, the "centerline" of the marine improvement area shall be a line extended from the f7A ~~) center of the parcel's waterfrontage line to the center of the offset line of the parcel's marine improvement area. C, At the end of the construction of any marine improvement extending more than six (6) feet into the canal, but prior to the final inspection by the City Department of Community Development, the property owner or his or her representative shall submit to the City Department of Community Development a final, signed and sealed survey showing that all construction is located in compliance with the requirements of this Section, 3. \Vhen a parcel is located at the corner of a waterway so as to include waterfrontage (all under the same ownership) on both the side and end of a waterway, the property owner may install and! or erect a marine improvement that extends from the side of the waterway to a maximum distance of twenty-five (25%) percent of the width of the waterway or thirty (30) feet, whichever is less, and from the end of the waterway a distance of thirty (30) feet into the waterway, 4. Notwithstanding sub-subsection 3.16,2.0. and regardless of design or configuration, the maximum square footage of dock area shall not exceed the lesser of either 1,100 square feet or the product of the following formula: Length of Waterfront age Line x 7,5. 5. Except as otherwise provided herein for joint marine improvements, no marine vessel (or any part thereof) when secured in any way to a marine improvement projecting from an end parcel, an adjacent parcel, or a parcel located on a lake or basin (excluding outside corner parcels) shall extend beyond the boundaries of the marine improvement area for such parcel as determined pursuant to paragraph (7) below, 6, Marine improvements that do not project more than six (6) feet into a waterway as measured from the waterfrontage line may extend the full length of the waterfrontage of the parcel. However, where the end of a parcel's waterfrontage line abuts the waterfrontage line of another parcel, the angle at which such two waterfrontage line ends meet shall be bisected and apportioned equally between the two waterfront parcels. In that event, no marine improvement shall extend beyond rhe bisector of the angle. 7. No marine improvement that projects more than six (6) feet from the waterfrontage line of the property shall be permitted to be located outside of the marine improvement area for a waterfront parcel. The boundaries and dimensions of the marine improvement area shall be determined as follows: '7A ~~) 11 ill.....: . ... a. End Parcels. (1) The access width of the waterway shall be calculated by subtracting from the platted waterway width twice the maximum distance that a marine improvement located along one side of the waterway could lawfully project as determined pursuant to paragraph (2) of sub-subsection 3.16,2.B, above, For purposes of this Section, the "access width" of a waterway shall be that portion of the waterway width in which no marine improvement may lawfully be constructed, (2) The waterway access ratio shall be calculated by dividing the waterway access width by the platted width of the waterway, (3) The "waterway center point" (WCP) shall be located, The WCP is a point on the centerline of the canal thirty (30) feet from the water's end, All marine improvement area lines and intersections are calculated and plotted from the WCP, (4) Locate on the waterfrontage line the "offset points" for the parcel as follows: If the parcel has eighty (80) feet or more of waterfrontage line, then the offset points shall be located twelve (12) feet from each end of the waterfrontage line of the parcel. If the parcel has more than forty (40) feet, but less than eighty (80) feet of waterfrontage line, then the offset points shall be located in from the ends of the waterfrontage line the distance (in feet) resulting from the following formula: (Feet of Waterfrontage Line - 40) x 0.3, If the parcel has forty (40) feet or less of waterfrontage line, then the ends of the parcel's waterfrontage line shall be the offset points, (5) From the WCP, plot a line having the same relationship to the WCP as the waterfrontage line has to the center of the canal end, but with all distances reduced in size by the waterway access ratio. This line is the "offset line" for the parcel. (6) The marine improvement area is that area enclosed by the waterfrontage line, the offset line, and lines connecting the ends of the offset line to corresponding offset points. '7A .~..(ci) b, Adjacent Parcels, The marine improvement area for an adjacent parcel shall be calculated in the same manner as that for an end parcel except as follows: (1) Adjacent parcel that abuts an end parcel with forty (40) feet or less of waterfrontage line, On the side of the adjacent parcel that abuts an end parcel with forty (40) feet or less of waterfrontage line, the side boundary of the end parcel's marine improvement area shall constitute the side boundary of such adjacent parcel's manne Improvement area. (2) Adjacent parcel that abuts an end parcel with more than forty (40) feet of waterfrontage line. On the side of the adjacent parcel that abuts an end parcel with more than forty (40) feet of waterfrontage line, the side boundary of the adjacent parcel's marine improvement area shall be determined by drawing a line from the end of the subject adjacent parcel's waterfrontage line (on the same side as the subject end parcel) to the nearest terminus point of the subject end parcel's offset line and passing through the adjacent parcel's offset line. The side boundary shall be that portion of the aforesaid line located between the end of the adjacent parcel's waterfrontage line and such parcel's offset line. However, in no event shall such side boundary extend beyond the bisector of the angle formed where the adjacent parcel's waterfrontage line abuts the end parcel's waterfrontage line. The aforesaid bisector shall be extended into the waterway the maximum distance a marine improvement could lawfully project within the marine improvement area, c. Parcels located on lakes and basins (excluding outside corner parcels), For purposes of this Section, a waterfront parcel shall be deemed to be located on a lake or a basin if the parcel abuts a body of water identified as a lake or a basin on the officially adopted Future Land Use Map of the City of Cape Coral. Except for outside corner parcels, all waterfront parcels located on lakes or basins shall be categorized as "corner" parcels", "adjacent parcels", or "end" parcels. For purposes of this Section, a "corner" lake or ~, C~) '7A '. basin parcel shall be a parcel that either touches or is located on both sides of an interior corner of a lake or basin, In other words, a "corner" lake or basin parcel may be one with a waterfrontage line that is "V-shaped" because it physically runs along the edge of the lake or basin, "turns" at the corner, and continues along the edge of the lake or basin, or it may be a parcel the waterfrontage line of which ends at a "corner" of the lake or basin where another side of the lake or basin begins, or it may be a parcel that is "angled" in such a way that each end of its waterfrontage line touches a different "side" of the lake or basin, Also for purposes of this Section, an "adjacent" lake or basin parcel shall be a parcel that is located on a lake or basin and that abuts at least one "corner" parcel. All other parcels located on lakes or basins and that are neither "corner" parcels nor "adjacent" parcels shall be treated as "end" parcels. The marine improvement area for parcels located on lakes or basins shall be calculated as follows: (1) For an "end" parcel, the "side" of the lake or basin upon which the parcel is physically located shall be deemed to be the "end" of the lake or basin and the "sides" of the lake or basin shall be deemed to be the "sides" of the lake or basin running roughly perpendicular to the aforesaid "end" of the lake or basin and located to the left and to the right of the parcel (when facing the lake or basin), For purposes of this Section, the waterway access ratio for all "end" lake and basin parcels shall be 1, In addition, the WCP for "end" lake or basin parcels shall be located thirty (30) feet into the lake or basin as measured perpendicularly to the lake or basin end from the center of the lake or basin end, All marine improvement area lines and intersections are calculated and plotted from the \VCP. The remainder of the marine improvement area boundary calculations for "end" lake or basin parcels shall be the same as those performed with respect to canal end parcels, (3) For "corner" lake or basin parcels, the configuration of the marine improvement area shall be determined by the physical configuration of the particular "corner" parcel. \Vith respect to a "corner" parcel the waterfrontage line of which lies entirely on one side or "end" of a lake or basin, but terminates at the corner of the lake or basin where the other "side" of the lake or basin begins, the marine improvement area shall be calculated in the same manner as for "end" lake or basin parcels except that the side boundary of such marine improvement area (on the side fit: 7 A ~R) '.~... ' '....f where the corner of the lake or basin is located) shall be formed by a line bisecting the angle of such corner and extending to the offset line of the marine improvement area. \X1ith respect to a "corner" parcel that is "angled" so that each end of its waterfrontage line is located on a different "side" of the lake or basin or for a "corner" parcel with a "V -shaped" waterfrontage line, the marine improvement area configuration shall be determined as follows: First, calculate the waterway access ratio for each "side" of the lake or basin in the same manner as the waterway access ratio for a canal is determined. Then measure the distance from the center of each "side" of the lake or basin touched by the "corner" property to the end of the subject property's waterfrontage line, or to the offset point, if any, located on such "side" of the lake or basin, Multiply each of the aforesaid distances by the waterway access ratio for the relative "side" of the lake or basin to obtain the length of the "waterway line" for each "side" of the lake or basin, Plot the "waterway line" from the center of the "side" of the lake or basin for which it was calculated to a point that is thirty (30) feet waterward from the subject parcel's waterfrontage line, The offset line for the corner parcel's marine improvement area is formed by connecting the two (2) foregoing points. The marine improvement area for the corner parcel is that area enclosed by the parcel's waterfrontage line, the offset line, and lines connecting the ends of the offset line to the corresponding offset points for the subject parcel, if any, or to the ends of the parcel's waterfrontage line, (3) For "adjacent" lake or basin parcels, the marine improvement area shall be calculated in the same manner as that for "end" lake or basin parcels except as follows: With respect to an "adjacent" lake or basin parcel that abuts a "corner" parcel with forty (40) feet or less of waterfrontage line, the side boundary of the "corner" parcel's marine improvement area (on the side where it abuts the "adjacent" parcel) shall form the side boundary of the "adjacent" parcel's marine improvement area, With respect to an "adjacent" lake or basin parcel that abuts a "corner" parcel with more than forty (40) feet of waterfrontage line, the side boundary of the adjacent parcel (on the same side as the subject "corner" parcel) shall be determined by drawing a line from the end of the subject "adjacent" parcel's waterfrontage line to the ~. 7A .i'" ~~ ., ..:,., .1". r:~"'~-'~_;:,>_; , '., ., (~R) nearest terminus point of the subject "corner" parcel's offset line and passing through the "adjacent" parcel's offset line, The subject side boundary of the "adjacent" parcel shall be that portion of the aforesaid line located between the end of the "adjacent" parcel's waterfrontage line and such parcel's offset line. (4) If the owner of a waterfront parcel located on a lake or basin is aggrieved by the interpretation or application of this Section to such waterfront parcel due to the physical configuration of the particular lake or basin, then the Board of Zoning Adjustment and Appeals may interpret and apply the provisions of this Section so as to alleviate the hardship resulting from the configuration of the lake or basin and so as to enable the subject waterfront parcel a reasonable marine improvement area. The property owner may appeal the decision of the Board of Zoning Adjustment and Appeals to the City Council in accordance with sub.subsection 3,16.9.0, K, "Joint" Marine Improvements. Owners of adjoining waterfront parcels may adjust their abutting marine improvement area boundaries and offset requirements by entering into a written joint use agreement, All limitations regarding the maximum area of marine improvements shall apply to each property and the maximum marine improvement area allowed for each parcel shall not be combined or modified in any way so as to increase the maximum marine improvement area allowed for either parcel. Marine vessels or boat canopies when secured in any way to a joint marine improvement may extend beyond the end of one of the waterfront parcels involved at the point where such parcel abuts the other parcel sharing the marine improvement, However, no marine vessel (or any part thereof) shall extend beyond the outer ends of the waterfrontage of the two (2) waterfront parcels except as provided in sub-subsection 3,16,2.G. The aforesaid joint use agreement shall, at a minimum, comply with the following requirements: 1. The agreement shall contain the name(s) and current home address(es) of both property owners, 2. The agreement shall identify the waterway upon which the subject parcels are located and shall identify the waterfront parcels involved by legal description and by STRAP number. The agreement shall also include a signed and sealed survey of the subject adjoining parcels, 3, The agreement shall include a drawing of the proposed marine improvement(s) to be constructed, showing the design and dimensions of r7A '~ ,~ ~R) ; .' such marine improvement(s), and where such marine improvements will project from the parcels. 4. The agreement shall identify those areas that would be subject to access (ingress and egress) easements in conjunction with the joint marine improvement. Such easement(s) shall identify by legal description the property to which the easement attaches and shall be irrevocable except with the written consent of the City, The rights of each party with respect to such easement(s) shall run with the title to the respective parcels, A drawing identifying the easements shall also be included with the agreement, 5, The agreement shall identify the responsibilities of each of the parties for the construction and maintenance of the facilities, However, such identification and/or division of responsibilities between parties in the agreement shall not affect the ability of the City to enforce any and all provisions of its Code of Ordinances or Land Use Regulations against the property owner(s) of the joint marine improvement, jointly and severally. 6, The agreement shall state that the parties understand and agree to abide by all applicable federal, state, and local regulations pertaining to the construction, maintenance, and use of the facilities, 7. The agreement shall run with the land and be binding upon the parties, their successors, heirs, and assignees and it shall provide that it may not be rescinded or amended without the written consent of the City, 8, The parties to the agreement shall record the agreement, at their own expense, in the public records of Lee County, The agreement shall satisfy all requirements for recording, including but not limited to those contained in the Florida Statutes, No permit for the construction of a joint marine_improvement or for the erection or installation of a boat canopy on a joint marine improvement shall be issued by the City until the parties have first provided to the City a copy of the fully executed agreement and evidence of recording that is satisfactory to the City in its sole discretion. 9, Prior to execution and recording of the agreement, the parties shall submit a draft of the proposed agreement to the City Department of Community Development for its review and comment. ,3 Application A. The provisions of this Section shall apply to all marine improvements and boat canopies for which an application for a construction permit has been submitted to the Department of Community Development after the effective date of this Section. No marine improvements shall be constructed or boat canopies erected ~R) ijJ: 7A ..... " and! or installed in conjunction with marine improvements over public waterways unless such construction complies with the specifications of this Section and a construction permit has first been obtained from the Department of Community Development, Furthermore, no repairs of existing nonconforming marine improvements or boat canopies shall be allowed except in accordance with Section 3,16.7 of the Land Use Regulations, All marine improvements and boat canopies shall be maintained in a safe condition and removed or replaced should they become unsafe, No structure or obstruction may be placed in a public waterway unless specifically provided for in this Section, In addition, because the waterways in the City of Cape Coral are public rights-of-way, all marine improvements and! or boat canopies located in such waterways may be required by the City at any time to be relocated or removed for the benefit of the public health, safety, and welfare, regardless of whether the construction of such marine improvements and! or boat canopies had been permitted by the City. .4 Mandatory seawalls required; saline or brackish water All real property having frontage or direct and immediate access to frontage on any canal or other body of water located within or bordering the boundaries of the city, wherein the \vater is in any proportion saline or brackish, or the levels of which fluctuate by reason of tidal influences, shall be required to have constructed on it, at the owner's expense, seawalls bullilleading the entire frontage exposed to contact with the water. Seawalls shall be structurally maintained at owner's expense so as not to cause a nuisance or hazard to safety. ,5 Seawalls; fresh or nonsaline water All real property having frontage or direct and immediate access to frontage on any canal or other body of water located within or bordering the boundaries of the city, wherein the water is fresh or nonsaline, or the levels of which do not fluctuate by reason of tidal influences, shall have constructed on it, at the owner's expense, seawalls bulkheading the entire frontage exposed to contact with the water or alternatives to vertical bulkheads as specified in the City of Cape Coral Engineering Design Standards. Seawalls or their alternative shall be structurally maintained at owner's expense so as not to cause a nuisance or hazard to safety. Exceptions: The provisions of this division shall not apply to any realty located adjacent to or contiguous with any drainage ditch, canal, pond or lake, whether navigable or nonnavigable, located wholly or partly within any public or private golf course or public park. ,6 Construction plans; common easements; setback for davits All construction plans for marine improvements, seawalls, and davits, shall be approved by the City and a proper City permit issued prior to the commencement of construction, The owners and occupants of land in the City shall have an easement in common for the purpose of navigation on all waterways. No seawalls, davits, or marine improvements shall be constructed in the Caloosahatchee River without first obtaining the approval of all Federal and State agencies and a permit from the City of Cape Coral. The minimum if 7A f ~t) ,.... , t '" side setback for davit installation shall be five (5) feet from the side lot line to the center of the davit base. ,7 Non-Conformities A. Subject to the following regulations, any marine improvement, boat canopy, or other marine structure which lawfully existed prior to the effective date of this Section, or any amendment hereto, and which does not conform with all provisions of this Section, is hereby declared to be lawful and shall not be required to be altered to conform with such regulations as adopted by the City of Cape Coral, provided, however, that such structures are subject to the following requirements: 1. Such marine improvement, boat canopy (and its supports or frames), or marine structures may be enlarged or altered provided that the enlargement or alteration is in compliance with this Section. 2, Such marine improvements, boat canopies (and their supports or frames), or marine structures may not be repaired or altered in a manner which constitutes more than 50% of the fair market value of the marine improvement, boat canopy (and their supports or frames), or marine structure except in conformance with this Section, 3, If more than 50% of the fair market value of the marine improvement, boat canopy (and its supports or frames), or marine structure is damaged or destroyed, the marine improvement, boat canopy (and its supports or frames), or marine structure shall not be restored except in accordance with this Section. The fair market value of the marine improvement, boat canopy, or marine structure shall be determined as of the date of the damage or destruction. B. In order to be considered a lawful non-conformity, any boat canopy that was attached to a lawfully existing marine improvement prior to the effective date of this Section and which does not conform with all provisions of this Section shall be registered with the City of Cape Coral Department of Community Development by the owner of the waterfront parcel from which such boat canopy projects and a picture provided of the existing canopy and the marine improvement to which it is attached within six (6) months from the effective date of this Ordinance, subject to the approval of the Director of the Department of Community Development or his or her designee, The aforesaid registration shall be on a form available from the City of Cape Coral Department of Community Development and shall require that the aforesaid owner sign the registration form and state that, to the best of his or her knowledge and belief, the information provided in the registration form is true and correct, The property owner shall also pay to the City of Cape Coral a registration fee in the amount of $10,00 at the time the registration form is submitted to the City, The information provided by the aforesaid owner is subject to investigation and verification by the City. ~R) t 7A ,. ;:j:J ~ Although anyone factor is not conclusive of the existence or non-existence of a boat canopy and/or its attachment to a lawfully existing marine improvement prior to the effective date of this Ordinance, evidence that the City may consider in making its determination as to the legal non-conformity of a boat canopy may include any of the following: documentation from a boat canopy manufacturer, vendor, installer, and/or contractor, reflecting the dimensions, design, installation and/ or erection date of the boat canopy; documentation concerning the marine improvement to which the boat canopy is attached, including, but not limited to, its design, dimensions, and permit date; and affidavits from the current property owner(s) and/or former property owner(s) concerning the date the boat canopy was installed or erected and whether it has been modified and/or removed and replaced since that date, If the registration is timely filed and, determined to be accurate and valid, then the boat canopy shall be deemed to be a lawful non- conformity and shall be subject to the provisions contained in Section 3.16,7.A. above, If the registration of a boat canopy is determined by the Director of the Department of Community Development, or his or her designee, to be inaccurate or invalid, then the owner of the waterfront parcel shall be mailed a written notice of such determination and shall have thirty (30) days from the date of mailing such notice to appeal such determination to the City Council in accordance with Section 8.9 of the City of Cape Coral Land Use and Development Regulations. Any boat canopy that is not deemed by the City to be a lawful non-conformity shall be required to comply with all requirements of this Section. All lawfully non-conforming boat canopies shall be either removed or brought into conformity with all provisions of this Section no later than January 1, 2010, The owner of the real property at which any non-conforming boat canopy is located shall be responsible for ensuring that such boat canopy or canopies are either removed or brought into conformity, .8 Construction Standards A. All wooden pilings used in connection with marine improvements subject to the terms of this Section shall be made of pressure treated wood. Such pilings shall conform to the specifications contained in ASTM (American Society for Testing of Material) D2S-88 and shall be treated with preservatives meeting standards of A WP A (American Wood Preservers Association) Standard P-S. The minimum retention of preservative for such wooden pilings shall be 2,5 pounds per cubic foot (p.c,f.) of CCA in the zone 0" to 1,5" (inches) from the surface of the piling and 1.5 pounds per cubic foot (p.c.f.) in the zone 1.5" to 2,0" (inches) from the surface of the piling, B. All pilings made of precast concrete and used in connection with marine improvements subject to the terms of this Section shall have a minimum concrete strength of 3,000 pounds per square inch (psi) at 28 days and shall be at least eight (8) inches square in cross section, ~R) 7A :;;11 ~: ~.~ ".,'" C. All non-prestressed concrete pilings shall have at least four (4) #5 epoxy- coated steel reinforcing bars the entire length of the piling and have at least two inches (2") of concrete cover, D. All wooden pilings used for the support of a marine improvement or as framing for a marine improvement shall have a minimum classification of eight inch (8") butt diameter, E. All wooden pilings used for support of boat lifts or other structures supporting marine vessels shall conform to the specifications of the manufacturer of the boat lift or of such other structure supported by such wooden piling(s). However, in no event shall any wooden pilings used for support of boat lifts or other structures supporting marine vessels be less than eight inches (8") in butt diameter, F. All wood that is located below mean high water or that is in contact with the water in any way shall be treated to 2.5 per cubic foot (p,c.f.) CCA. All wood that is located above mean high water shall be treated to 0.4 per cubic foot (p,c.f.) CCA, except that decking may be treated to a minimum of 0,25 per cubic foot (p,c.f.) CCA. G. The elevation of pilings shall not exceed nine (9) feet above the seawall cap or, if no seawall exists, twelve (12) feet above mean water level. H, The elevation of the decking of a marine improvement shall not exceed one (1) foot above the seawall cap, or if no seawall exists, four (4) feet above mean water level. 1. All pilings and/ or mooring posts shall be offset a minimum of 2.5 feet from any storm drain outfall pipe, Such measurement shall be made from the outside edge of the outfall pipe to the center of the piling or mooring post. J, Wherever they are attached to pilings, all beams or stringers used for the support of any part of a marine improvement shall be through-bolted with machine bolts or carriage bolts. Such machine bolts or carriage bolts shall have a diameter of not less than one-half (1/2") inch. Machine bolts also shall have a suitable washer under both head and nut while carriage bolts shall have a suitable washer under the nut only. 1(. Cross-bracing shall be either through-bolted with machine bolts or carriage bolts with a minimum diameter of one-half (1/2") inch or fastened with lag bolts with a minimum diameter of one-half (1/2") inch and a minimum length of six (6") inches used in conjunction with a suitable washer under the head only. L. All fasteners shall be either stainless steel or hot dipped galvanized steel or of a substance which, in terms of corrosion-resistance, is at least equal to stainless steel or hot dipped galvanized steel. The Building Official shall determine whether a '7A ~) ,,;~ :~: proposed fastener is equivalent to either stainless steel or hot dipped galvanized steel in terms of corrosion-resistance. M. All manufactured, re-manufactured, or modified boat lifting devices and associated material or structural supplements shall be certified by a Florida- Registered Professional Engineer. The capacity of the boat lift shall be affixed to the lift by the manufacturer and shall be affixed in a position located as close as practicable to the lift controls, N, Except as otherwise provided herein, all pilings within six (6') feet of the seawall face shall be driven a minimum of four (4') feet into the submerged bottom of the waterway, Except as otherwise provided herein, pilings more than six (6') feet from the seawall face shall be driven a minimum of six (6') feet into the submerged bottom of the waterway, If pilings cannot be set to the depth provided herein, then the use and installation of cross bracing and/or tie backs shall be required to ensure the structural integrity of the structure. All pilings, whether wooden or concrete, shall be installed using equipment that is suitable to accomplish the task effectively, However, all freestanding mooring posts or other pilings shall be driven a minimum of eight (8') feet into the submerged bottom of the waterway, O. The minimum nominal dimensions of stringers and headers shall be two (2") inches by eight (8") inches. Stringers shall be supported by through bolts to pilings or to headers through-bolted to pilings. Center stringers shall be supported by headers using a non-corrosive metal or wood block tie. P. Pilings shall be spaced in relation to stringer lumber size. However, when a single stringer of nominal dimensions less than or equal to two (2") inches by eight (8") inches is used, the space between any two consecutive pilings shall not exceed ten (10') feet and eight (8ft) inches (or one hundred twenty-eight (128ft) inches when measured from the center of one piling to the center of the next consecutive piling, Any stringer splices shall occur within three (3') feet of pilings. Scabs shall be not less than six (6') feet in length and shall overlap the splice by not less than three (3') feet and, if possible, bolted to the piling. Scabs shall not be used past the next to last piling in a row of pilings, Scabs shall be fastened using not less than six (6) twenty (20) penny, hot dipped galvanized steel nails per side, Stringers used for decking shall be spaced not more than thirty (30ft) inches apart when measured from the center of one stringer to the center of the next consecutive strmger. Q, The minimum nominal thickness of all wooden decking shall be two (2") inches, Decking shall be either nailed into place by means of not less than 12d nails or screwed into place by means of not less than three (3") inch screws. The fastener pattern for all wooden decking shall be arranged so as not to cause a continuous split in excess of eighteen (18") inches in length, Spacing between wooden decking shall not exceed one-half (1 /2ft) inch on docks projecting into canals or l~R) ".7A ,III. '~'. " one (1 ") on docks projecting into the Caloosahatchee River at the t1me of installation. R, Crossbracing shall be provided on every two (2) closest adjacent pilings where water depth is more than eight (8') feet from mean high water. Such cross bracing shall be oriented between thirty (30) degrees and forty-five (45) degrees to the vertical. The actual dimension of any crossbracing shall be not less than two (2") inches by six (6") inches. S, All docks permitted under this Section shall have a ladder extending from the dock into the waterway. No ladder extending from a dock into a waterway shall be made of wood, 1. If one or more metal ladders are used in conjunction with a marine improvement, such ladders shall be made of stainless steel, anodized aluminum, or an equally corrosion-resistant material to be approved by the Building Official. 2. If one or more plastic ladders are used in conjunction with a marine improvement, such ladders shall be constructed of a stabilized polymer plastic material resistant to degradation when exposed to the daily stress of sunlight, heat, and water. 3. If a non-extendable ladder is used in conjunction with a marine improvement, such ladder shall be required to either be located so as to reach at least three (3') feet under the surface of the water at low tide or to the bottom of the waterway, whichever is less, 4, If an extendable ladder is used in conjunction with a marine improvement, such ladder shall be required to have the ability to extend to a point at least three (3') feet under the surface of the water at low tide or so as to reach to the bottom of the waterway, whichever is less, Extendable ladders shall be of a type that is capable of being pulled down by a person in the water without the use of tools, T. Amber reflectors or amber reflective material with at least four (4") square inches of reflective surface shall be placed on all freestanding mooring posts or other freestanding pilings as well as on the outside end pilings of all docks which project into a waterway. For purposes of this Section, marine improvements which are "O"-shaped, "V"-shaped, "J"-shaped, or which otherwise have more than one section of the marine improvement projecting into the waterway shall have such reflectors or reflective material located on the outside end pilings of each section of the marine improvement which projects into the waterway. Such reflectors shall be located so as to be visible to vessels approaching in the waterway from any direction, 7A U. This Section shall control the regulation, construction, and maintenance of marine improvements within the City of Cape Coral. If any part of this Section conflicts with any other codes adopted by the City, the most restrictive provision shall apply. Furthermore, all such marine improvements shall conform to all requirements of the National Fire Code, this Section, and other applicable law, ,9 Deviations, A, Any person aggrieved by the effect of this Section shall have the right to request from the Board of Zoning Adjustment and Appeals a deviation from the provisions of this Section. B, Deviations from the provisions of this Section may be approved by the Board of Zoning Adjustment and Appeals as follows: 1. Deviations from the limitation of this Section concerning the maximum length or width of a boat canopy may be approved by the Board of Zoning Adjustment and Appeals provided that such deviation will not be contrary to the public interest and will be in harmony with the general intent and purpose of this Section. In determining whether to approve such a deviation, the Board of Zoning Adjustment and Appeals shall consider factors such as whether the boat canopy permit applicant has a present need to cover a marine vessel that could not be protected from the elements unless a longer or \vider boat canopy were to be permitted; the design, size, and proposed location of the proposed larger boat canopy; and the effect of such larger boat canopy on the waterway in which it is proposed to be located and on the use and enjoyment of surrounding properties. 2, A deviation from the limitation that no more than one (1) boat canopy shall be located on a marine improvement that projects from a single- family residential use at any given time so as to allow one (1) additional boat canopy to be permitted may be approved by the Board of Zoning Adjustment and Appeals provided that such deviation will not be contrary to the public interest and will be in harmony with the general intent and purpose of this Section. In determining whether to approve such second boat canopy, the Board of Zoning Adjustment and Appeals shall consider factors such as whether the boat canopy applicant has a present need to cover more than one (1) marine vessel that could not be protected from the elements unless a second boat canopy were to be permitted, the design, size, and proposed location of the proposed second boat canopy, and the effect of such second boat canopy on the waterway in which it is proposed to be located and on the use and enjoyment of surrounding properties, No deviation shall be approved that would have the effect of allowing more than a total of two (2) boat canopies on marine improvement(s) that project from a single-family residential use, regardless of the number of marine improvements that project from such ~t) , # 7A (if) " ~I':, "~-l- '-'iJI residential use. Furthermore, with respect to properties on which multi- family residential uses are located, no deviation shall be approved that would have the effect of allowing more than one (1) boat canopy for each residential unit lawfully existing on the property, 3. All other deviations from the provisions of this Section may be approved by the Board of Zoning Adjustment and Appeals provided that the deviation will not be contrary to the public interest and will be in harmony with the general intent and purpose of this Section and where conditions exist that are not the result of the applicant and which are such that a literal enforcement of the regulations involved would result in unnecessary or undue hardship, In determining whether a particular deviation request should be approved, factors the Board of Zoning Adjustment and Appeals shall consider include, but are not limited to, the following: the effect the proposed deviation would have on the navigability of the waterway involved; the design, size, and proposed location of the marine improvement for which deviation is sought; the effect, if any, that the proposed deviation would have on any extant marine improvements in the subject waterway, Subject to these standards and criteria, the Board of Zoning Adjustment and Appeals shall approve only the minimum deviation from the provisions of this Section necessary to avoid the unnecessary or undue hardship required herein, C. Any person aggrieved by the decision of the Board of Zoning Adjustment and Appeals concerning the interpretation and application of this Section with respect to a waterfront parcel located on a lake or basin or concerning a requested deviation from the provisions of this Section may appeal such decision to the City Council provided that a written Notice of Appeal is filed within thirty (30) days after the date of the action appealed from, The notice of appeal shall be considered filed when it is received by the Department of Community Development, 7A ~R)t Section 3.17 Sidewalks and Alleys .1 Commercial and Professional As part of the construction of each building erected in a Professional or Commercial zoning district of the City, sidewalks shall be installed prior to the issuance of a Certificate of Occupancy pursuant to the standards and specifications set forth in the City of Cape Coral Engineering Design Standards, a copy of which is hereby adopted and on file in the Cape Coral City Clerk's Office, except such installation of sidewalks shall not be applied to the alteration or repair of existing primary use buildings or structures or the construction, alteration, or repair of buildings or structures which are accessory to primary use structures. Sidewalks, curbs and gutters shall be constructed only if the City has developed construction designs for that roadway segment. In areas without City approved construction designs for roadway segment, construction of sidewalks, curbs and gutters shall be done through a City established special assessment district, All sidewalks shall be constructed in the area to the widths shown in the City of Cape Coral Engineering Design Standards, except where a sidewalk has been installed and the established width is less than five (5) feet, the minimum width of the sidewalk to be installed shall be the width of the existing sidewalk. No ramp parking area shall be constructed in front of commercial buildings. As part of the construction of each building, there shall be constructed concrete curbing and gutters, plus that portion of the unpaved street fronting on each such building lying between the curb and gutter and the street, if any, in front of the proposed construction shall be paved, according to the standards and specifications as set forth in the City of Cape Coral Engineering Design Standards adopted and on fUe in the Office of the Cape Coral City Clerk. All the erection of a building. Lot owners who erect buildings or change the use on only a fractional portion of a lot must provide the curbs, sidewalks, gutters of the construction required by this subsection shall be at the expense of the lot owner and shall be paid for by the lot owner before or concurrently with and paving for the entire lot as set out in this subsection, (Ord, 66-91 8/26/91) As part of the construction of each building erected in a Professional or Commercial zoning district of the City on any such development site located adjacent to a platted alley, an improved alley portion shall be installed at the site of such platted alley prior to the issuance of a Certificate of Occupancy. Such alley portion shall be constructed along the length of the property line of the site of the commercial or professional development lying adjacent to the platted alley, Such alley portion also shall be constructed in accordance with the requirements of the City of Cape Coral Engineering Design Standards. The City of Cape Coral Engineering Division shall provide drainage design and stakeout related to such alley improvement, In addition to developments involving new construction erected in a Professional or Commercial zoning district, alteration(s) to the site of an existing commercial or professional site lying adjacent to a platted alley shall be required to make the alley improvements required by this section if the value of such alteration(s), as calculated by the City, exceeds fifty percent (50%) of the replacement value of the site improvements including, but not limited to, parking areas, internal r 7 A Marco Island Ordinance 2004 .~~~ '.. , ARTICLE IV. BOAT DOCKING FACILITIES t 1X 1 Ofqll:;.) BOAT ARTICLE IV. BOAT DOCKING FACILITIES DIVISION 1. GENERALLY Sec. 54-100. Intent and purpose. It is the intent and purpose of this article to provide for the adequate securing of moored vessels and to provide safe access by users for routine maintenance and use while minimizing the impact on the navigability of the waterway, native marine habitat, manatees, and the use and view of the waterway by surrounding property owners. It is further the intent of this article to provide reasonable access for vessel, seawall, and dock maintenance, It is recognized that specific waterway locations warrant special consideration due to severe access and navigational challenges, and community character and aesthetic impacts. City council may authorize the establishment of overlay districts, with district specific dimensional standards and regulations, to address boat docking facilities within the overlay area(s). (Ord. No, 00-04, 9 1, 4-17-2000; Ord. No, 03-15, 9 1, 9-3-2003) Sec. 54-101. Definitions. [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Associated infrastructure means seawalls, revetments, caps, support piles, whalers, riprap, and like physical improvements which supports a boat dock facility in conjunction with the upland host property. Boat cover means a portable or fixed aluminum, PVC, galvanized or similar structure which is attached to a dock or boatlift and covered with canvas, vinyl, aluminum or similar materials and utilized for protecting a vessel over or contiguous to navigable water. A boat cover shall not be considered or qualify as a boathouse and shall not be installed, repaired or reconstructed. A covering, commonly referred to as a mooring cover, which is fixed to the vessel for the purpose of protecting the vessel shall not be considered a boat cover. Boat docking facility means any structure, whether fixed in position or floating, constructed on or over a waterway for the primary purpose of mooring a boat and that provides access to a vessel from the adjacent upland property. This includes docks, walkways, piers, boatlifts, personal watercraft lifts, davits, mooring piles, dolphins, boathouses and the like, Boathouse means a structure with a roof which is constructed of palm fronds, cedar shakes, or the same material and color of the principal structure on the property, accessory use to a residential structure over or contiguous to navigable water, open on all sides and providing covered protection to a boat and accessories customary thereto. Boatlift means any mechanical structure, including a davit, capable of lifting or raising a vessel clear of the water, Live-aboard vessel shall have the same meaning as used in F.S, 9 327.02, as may be subsequently modified or amended from time to time, http://library2 .municode .com/ gateway.dll/fl/florida/ 43123/43232/4323 6?f=templates$fn=... 09/09/2005 , ARTICLE IV. BOAT DOCKING FACILITIES 7_. 2 of l:j,. . ~i) It ,~, ,. Marginal dock means a dock which protrudes five feet or less into the waterway, Moored vessel, for the purposes of this article, shall refer to the overall length of the vessel, including the pulpit, motor, and any other accessories attached to the vessel. Personal watercraft (PWG) means a vessel less than 16 feet in length which uses an inboard motor powering a water jet pump as its primary source of power and which is designed to be operated by a person sitting, standing or kneeling on, rather than the conventional manner of sitting or standing inside the vessel. Personal watercraft (PWG) lift means any mechanical structure capable of lifting or raising a PWC clear of the water, Riparian line means an imaginary line beginning at the point at which property lines intersect the mean high water line of a waterway and continuing into the waterway indefinitely. The purpose of the riparian line, as employed by this article, is to provide a point of reference from which to measure setbacks for docking facilities. Riparian lines shall be established according to the following unless contradicted or approved by the state board of trustees of the internal improvement trust fund: (1) Lots at the end or side end of a waterway with a regular shoreline are established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the two intersecting lots. (2) Riparian lines for all other lots should be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Included, but not limited to, are lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines drawn perpendicular to the centerline (thread) of the waterway, or perpendicular to the line of deep water (line of navigability or edge of navigable channel) as appropriate for irregular shorelines, No boat docking facility shall be constructed so as to encroach upon the riparian rights of other property owners. Riparian rights shall have the same meaning as used in F .S, S 253.141, as may be subsequently modified or amended from time to time. This term is currently defined as follows: Riparian rights are those incidental to land bordering upon navigable waters. They are rights of ingress, egress, boating, bathing, and fishing and such others as may be or have been defined by law, Such rights are not of a proprietary nature, They are rights inuring to the owner of the riparian land but are not owned by him or her. They are appurtenant to and are inseparable from the riparian land. The land to which the owner holds title must extend to the ordinary high watermark of the navigable water in order that riparian rights may attach. Conveyance of title to or lease of the riparian land entitles the grantee to the riparian rights running therewith whether or not mentioned in the deed or lease of the upland. Seawall support pilings means pilings which are installed against the waterward side of a seawall for the purpose of providing additional support to the seawall and/or providing protection to the seawall from vessels, Setback means a line marking the minimum open space distance between a property line, right-of-way line, bulkhead line, shoreline, seawall, mean high water mark, access easement line, or other defined location, whichever is most restrictive, and the beginning point of a required yard or the buildable area, Sovereign submerged lands shall have the same meaning as used in F.A.C. S 18- 21.003, as may be subsequently modified or amended from time to time. Sovereign submerged land lease shall have the same meaning as used in F.A.C. S 18- 21.003, as may be subsequently modified or amended for time to time. http://library2.municode.com/gateway .dll/fl/florida/43123/43232/43236?f=templates$fn=... 09/09/2005 , ARTICLE IV. BOAT DOCKING FACILITIES Page 3 of 13 (cri:) Swivel PWC lift means any mechanical structure capable of 1i1l:9 ? Aing a-:J clear of the water and which swivels so that the vessel is stored on the property or on top of a boat docking facility. (Ord. No. 00-04, ~ 2, 4-17-2000; Ord. No. 03-15, ~ 1, 9-3-2003) Secs, 54-102--54-109. Reserved, DIVISION 2. REGULATIONS Sec. 54-110. Permitted accessory use. Boat docking facility(s) shall be permitted as an accessory use on any waterway lot in any single-family district, except as otherwise provided, subject to the criteria set forth in this article. Boat docking facility(s) shall be permitted as an accessory use on any waterway lot in any multi-family district subject to the criteria set forth in this article, Boat docking facility(s) shall be permitted as an accessory use on any waterway lot in any commercial zoning district for which the boat dock facility is customary and incidental to the established principle use of the property. All boat docking facilities are subject to, and shall comply with, all federal and state requirements and permits, including but not limited to the requirements and permits of the state department of environmental protection, the U,S. Army Corps of Engineers, and the U,S, Environmental Protection Agency. (Ord. No. 00-04, ~ 3, 4-17-2000; Ord. No, 03-15, ~ 1, 9-3-2003) Sec. 54-111. Dimensional standards. (a) Protrusion limitations for boat docking facilities, (1) On lots on a waterway which is 100 feet or greater in width the combination of a boat docking facility and moored vessel(s) shall not protrude more than 20 feet into the waterway, (2) On lots on a waterway which is less than 100 feet in width the combination of a boat docking facility and moored vessel(s) shall not protrude more than 20 percent of the surveyed waterway width, (3) On any property with only a five-foot wide or smaller dock parallel to the seawall, the combination of the dock and moored vessel(s) shall not exceed 25 percent of the waterway width or 25 feet, whichever is more restrictive. No piling, boatlift, or other structure necessary to moor a vessel will be permitted unless that structure meets the protrusion requirements set in subsection (a) or a boat dock extension has been approved, (4) Protrusion shall be measured from the face of the seawall. On lots where the property line extends into the water, the protrusion shall be measured from the property line. (5) The width of the waterway shall be defined by the recorded plat. (b) Side yard setback requirements for boat docking facilities and swivel PWC lifts, (1) Boat docking facilities shall have a side yard setback equivalent to 15 percent of the seawall length, regardless of location, as measured from http://library2.municode.comlgateway .dlllfl/florida/43123/43232/4323 6?f=templates$fn=... 09/09/2005 , ARTICLE IV. BOAT DOCKING FACILITIES Page 4 of 13 (CR) applicable riparian lines.'7 A a. The minimum required setback shall be 7 1/2 feet. b. The maximum required setback shall be 15 feet. c. The minimum required setback from the riparian lines on shoulder lots shall be 7 1/2 feet. The common shared riparian line between the shoulder lot and the adjacent lot shall be 7 1/2 feet. d. The setback shall apply to that portion of the boat dock facility and moored vessel waterward of the property line or seawall, whichever is more restrictive, except in the case of shoulder lots which shall have the setback apply to that portion of the boat dock facility and moored vessel waterward of the property line only. (2) Boat docking facilities which are constructed in an existing cut-in boat slip shall have a minimum side yard setback of ten feet. (3) Any decked area which is extended or located past the waterward side of the seawall shall be considered part of the dock. All height limitations and setback requirements contained herein shall apply to such terrace or patio extensions. ,.. ~ (4) Any boat, accessory attached to a boat, or PWC stored on the decking of a boat docking facility must meet the setback requirements set forth in this section, (5) Seawall support pilings which are not part of a boat docking facility and meet the height limitations set forth in this article shall not be required to comply with side yard setback requirements, (c) Height. (1) The decking on a dock may not exceed 12 inches in height above the seawall cap. Railings and fish cleaning tables may not exceed 48 inches in height above the decking of a dock. The railing may be no more than 25 percent opaque in any ten-foot increment. (2) Mooring piles and dolphins may not exceed 12 feet in height above mean high water, (3) Boatlifts and pilings used to anchor a boatlift shall not exceed 12 feet in height above mean high water. (4) Davits located on a boat docking facility shall not exceed 12 feet in height above the decking of a dock. Davits located on land shall not exceed 15 feet in height above the seawall. (5) Seawall support pilings may not exceed four feet in height above the seawall cap. (Ord. No. 00-04, S 4,4-17-2000; Ord. No, 03-15, S 1, 9-3-2003) Sec. 54-112. Additional requirements. (a) All boat docking facilities are subject to, and shall comply with, all federal and state requirements and permits, including but not limited to the requirements and permits of the state department of environmental protection, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. http://library2.municode.com/gateway.dlllfl/florida/4 3123/43 232/43236?f=templates$fn=... 09/09/2005 , ARTICLE IV. BOAT DOCKING FACILITIES Page 5 of 13 (~) (b) Any proposed expansion of or addition to (excluding boatl:S)(,4xiStm':;~ nonconforming boat docking facility, whether attached to or detached from an existing boat docking facility, shall require the entire boat docking facility be brought into conformance with the requirements of this article, Any repair or replacement of the structure within the existing footprint shall not require that the facility be brought into compliance with the standards set forth in this article. (c) All boat docking facilities, regardless of length or protrusion, shall have blue or white reflectors installed facing the water at the outermost end of the boat docking facility on both sides. Red and green reflectors are prohibited. (d) All boat dock facilities, regardless of length or protrusion, shall have house numbers, which are a minimum of four inches in height and a contrasting color from the area of installation, installed facing the water at the outermost end of the boat docking facility on both sides. (e) Live-aboard vessels may not anchor or tie up in waters under the jurisdiction of the city except at anchorage sites identified on official National Oceanographic and Atmospheric Administration (NOAA) navigational charts or at facilities located in zoning districts permitting such use and at facilities within such districts designated for such use and meeting city, county, and state health standards for such use. (f) Use of boat docking facilities to moor boats for boat rentals, boat repair, boat sales, associated boat supplies storage, or the rental of boat docking facilities in all single and multi-family districts is expressly prohibited. (g) Any outside lighting on a boat docking facility shall comply with the lighting regulations set forth in chapter 6, article V of this Code, Further, the use of red or green lights or lights that emit red or green light due to a lens or other method are prohibited, (h) No owner shall allow the boat docking facility and/or associated infrastructure located at the owner's lot to become dilapidated, deteriorated, structurally unsound, unsightly or a safety hazard. (i) A crane or barge may not sit idle for more than 15 business days, An extension of up to an additional 15 business days may be approved administratively if the barge or crane cannot be moved within the initial 15 business days due to mechanical problems, U) Seagrass bed protection: (1) Where new boat docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of one inch = 200 feet when available, or a scale of one inch = 400 feet when such photographs are not available. The location of seagrass beds shall be verified by a site visit by the community development director or his designee prior to the approval of any boat dock extension or the issuance of any building permit. (2) All proposed boat docking facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and shall minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation and hard bottom communities, (3) Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a boat docking facility across the seagrasses or within ten feet of seagrasses, Such boat docking facilities shall comply with the following conditions: http://library2.municode.com/gateway .dll/fl/florida/43123/43232/4323 6?f=templates$fn=... 09/0912005 ARTICLE IV. BOAT DOCKING FACILITIES '7 Aage6o:1~ Cc~ a, The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform of the dock shall not exceed 160 square feet. c, The access dock shall not exceed a width of four feet. d, The boat docking facility shall be sited to impact the smallest area of seagrasses possible, (4) The applicant or petitioner shall be required to demonstrate how negative impacts to seagrasses and other native shoreline vegetation and hard bottom communities have been minimized prior to the approval of any boat dock extension or the issuance of any building permit. (Ord. No, 00-04, S 5,4-17-2000; Ord. No, 03-15, S 1, 9-3-2003) Sec. 54-113. Permit and construction requirements. (a) A city building permit must be obtained prior to the construction, installation, modification or replacement of a boat docking facility, (b) Applications for a building permit must include the following: (1) Drawing of currently existing conditions at the proposed site including the property lines, length of the seawall, waterway width, location of seagrasses within 200 feet of the subject site (if applicable) mangrove prop root line (if applicable), and location of navigation channels (if applicable). (2) Plans showing the height, width, length and distance from the property lines of all existing and proposed structures to include pilings, boatlifts, decking, detail and construction specifications and all other information deemed necessary by the community development director or his designee. (3) The community development director or his designee may require this information to be furnished on a certified survey if information is conflicting. (4) If state or federal permission is required for the construction, installation, modification or replacement of any boat docking facility, such permission shall be presented in writing to the community development director or his designee prior to the issuance of any building permit for a boat docking facility. (d) A certificate of use may be issued upon approval of all required inspections except for the final survey. A certificate of use shall only be valid for a period of 90 days after date of issuance. (e) A certificate of completion may be issued upon submission and approval of a final survey prepared and certified by a Florida registered engineer or surveyor, showing the as-built location and depicting compliance with the standards set forth, (1) A certificate of completion must be issued within 90 days of the issuance of a certificate of use or the permit will become invalid. (2) The installation of a PWC lift which swivels and stores a PWC onto an existing dock or the installation of seawall support pilings shall be exempt from the final survey requirement. (Ord. No. 00-04, S 6,4-17-2000; Ord, No. 03-15, S 1, 9-3-2003) Sec. 54-114. Minor after-the-fact encroachments. http://library2.municode.com/gateway .dlllfl/florida/43123/4 3232/43 23 6?f=templates$fn=... 09/09/2005 . ARTICLE IV. BOAT DOCKING FACILITIES ;r' 7 A Pa~e 7 of 13 ir.s.~ " '.~, ,~ (a) Minor after-the-fact encroachments may be approved administratively by the community development director or his designee, Encroachments of up to 0,5 feet into the required setback for a boat docking facility for which a certificate of occupancy has not been issued, and encroachments of up to 1,0 feet into the required setback for a boat docking facility for which a certificate of occupancy has been issued may be granted administratively. (b) In order to apply for an administrative variance for a boat docking facility, the property owner or his agent shall submit the following to the community development director or his designee: (1) A survey prepared and certified by a Florida registered engineer or surveyor identifying the exact location and size of the encroachment. (2) A statement of how and when the encroachment was created. (3) A statement of current ownership and ownership at the time the encroachment was created, (4) A letter of no objection from each adjacent property owners, (5) Any other factors which may show that the encroachment was not intentionally created. (6) Applicable fee as listed in the schedule of fees. (Ord. No, 00-04,97,4-17-2000; Ord. No. 03-15, 9 1, 9-3-2003) Boat Sec. 54-115. Boat dock extensions. (a) Property owners may request a boat dock extension to provide for additional length or protrusion beyond the respective distances specified in section 54-111. (b) General requirements, (1) Petitioner must demonstrate justification for extension requested and/or special conditions relative to the subject property, in addition to compliance with applicable review criteria, (2) Notice of public hearing(s) shall be provided to all property owners within 300 feet of the subject petition, In the case of multi-family, commercial, PUD and/or DRI extension requests, the petitioner shall be responsible for, and bear such costs for, all public notification requirements, including newspaper advertisements and mailing public notices to all property owners within 300 feet. Proof of advertising and mailing shall be presented to city staff prior to placing the subject boat dock extension on the planning board and city council agendas, (3) Required public hearing(s} will not be scheduled until the boat dock extension application package has been deemed by staff to be complete. The following items must be included with a boat dock extension petition submittal: a. Completed application, including signed and notarized owner/agent affidavit. b, A site plan, drawn to scale, illustrating each of the following: 1. Location map, 2. Lot dimensions of subject property. 3. Riparian line(s), http://library2.municode . com! gateway .dll/fl/florida/ 43123/43232/4323 6?f=templates$fn=...) 09/09/2005 . ARTICLE IV. BOAT DOCKING FACILITIES Page 8 of 13 (c.'i:) 11 ;Of!!'~ 'ft ~.,;~,;.: " 4. Required boat docking facility setbacks. 5, Configuration and dimensions of proposed boat docking facility, including decking, boatlifts, boat mooring areas, etc, 6. Configuration and dimensions of existing boat docking facility, including decking, boatlifts, boat mooring area, etc" if applicable, 7, Configuration and dimensions of existing boat docking facilities on adjacent properties, 8, Water depth survey, completed by a professional Florida engineer, licensed marine contractor, registered surveyor, or other person deemed to be qualified by the community development director or his designee, using the format attached to the application form provided by the city, if relative to the boat dock extension requested, c. Permit number and certificate of completion date for the original construction of any existing boat docking facility, if applicable, d. Resolution number and date of previous boat dock extension, if applicable, e. Receipt of application fee, (c) An approval of a boat dock extension shall be issued in the form of a resolution. In the event a resolution approving a boat dock extension incorporates a site plan, said site plan shall be binding upon the property. Any deviation from the approved site plan shall require petitioner to make application for a boat dock extension. (d) Additional length or protrusion beyond the respective distances specified in section 54-111 for boat docking facilities located in any single-family district shall require public notice and a hearing by the planning board, after which the planning board shall render a final decision, (e) Additional length or protrusion beyond the respective distances specified in section 54-111 for boat docking facilities in any multi-family, commercial, PUD or DRI district shall be require public notice and a hearing by the planning board and the city council acting as the board of zoning appeals, The planning board shall consider the application and make a recommendation to the board of zoning appeals for approval, approval with conditions, or denial based upon the criteria set forth herein, The board of zoning appeals shall consider the application and recommendation from the planning board and shall make a final decision for approval, approval with conditions, or denial based on the criteria set forth herein. (f) The planning board and city council, acting as the board of zoning appeals, shall base its decision for approval, approval with conditions, or denial, on the following crite ri a : (1) Whether or not the proposed boat docking facility meets the other standards set forth in this article, (2) Whether or not the water depth where the proposed vessel(s) is to be located is sufficient (as a general guide, four feet mean low water is deemed to be sufficient) to allow for safe mooring of the vessel, thereby necessitating the extension requested. (3) Whether there are special conditions related to the subject property or waterway which justify the proposed dimensions and location of the proposed http://library2.municode.com/gateway .dll/fllflorida/4 3123/4 3232/43 236?f=templates$fn=... 09/09/2005 . ARTICLE IV. BOAT DOCKING FACILITIES Page 9 of 13 7A C~R) t ,", >~ boat docking facility. (4) Whether or not the proposed boat docking facility and moored vessel(s) protrude greater than 25 percent of the width of the navigable waterway, and whether or not a minimum of 50 percent of the waterway width between boat docking facilities and moored vessel(s) on the opposite side of the waterway is maintained in order to ensure reasonable waterway width for navigation. (5) Whether or not the proposed boat docking facility is of the minimum dimensions necessary in order to adequately secure the moored vessel while providing reasonable access to the boat for routine maintenance without the use of excessive deck area. (6) Whether or not the proposed boat docking facility is of minimal dimensions and located to minimize the impact of view to the channel by surrounding property owners. (7) Whether or not the proposed vessel(s) are in excess of 50 percent of the length of the water frontage on the subject property such that the extension of the boat docking facility may adversely impact the view to the channel by surrounding property owners. In the case of multi-family developments and public marinas, the 50 percent provision may be exceeded. (8) Whether or not the proposed location and design of the boat docking facility and moored vessel(s) in combination is such that it may infringe upon the use of neighboring properties, including any existing boat docking facilities. (9) Whether on not the seagrasses are locate within 200 feet of the proposed boat docking facility. (10) Whether or not the proposed dock is subject to the manatee protection requirements set forth in section 54-117, (g) The planning board and city council acting as the board of zoning appeals may impose conditions upon the approval of an extension request which it deems necessary to accomplish the purposes of this article and to protect the safety and welfare of the public. Such conditions may include, but are not limited to, requiring greater side yard setback(s), additional reflectors, reflectors larger than four inches, or prohibiting or restricting the amount of decking on the boat docking facility. (h) As to any boat dock extension petition upon which the planning board takes action, any affected property owner may appeal such final action to the board of zoning appeals. The board of zoning appeals may affirm, affirm with conditions, reverse or reverse with conditions the action of the planning board. Such appeal shall be filed with the city manager within 14 days of the planning board's final decision and shall be noticed for public hearing with the city council acting as the board of zoning appeals pursuant to the procedures and applicable fees set forth in the land development code. Any appeal to a decision made by the city council acting as the board of zoning appeals must be made to the circuit court, (Ord. No. 00-04, ~ 8,4-17-2000; Ord, No, 03-15, ~ 1, 9-3-2003) Sec. 54-116. Boathouses. (a) The city shall not permit the construction of new boathouses, boat covers, gazebos, or similar covered structures extending over navigable waterways in any zoning district. (b) Boathouses which were existing prior to September 21, 1998, may be repaired or http://library2.municode.com/gateway.dlllfllflorida/43123/43 23 2/43 236?f=templates$fn=... 09/09/2005 rebuilt subject to the following: (1) Approval of the community development director or his designee will be required prior to the issuance of a building permit to repair or rebuild within the existing footprint including the overhang of a structure that was lawfully permitted and for which a certificate of completion was issued. (2) Boathouses which were legally permitted but did not receive a certificate of completion shall require public notice and public hearing by the planning board prior to the issuance of a building permit to repair or rebuild within the existing footprint. (3) Boathouses which were not issued a building permit shall require public notice and a hearing by both the planning board and the city council acting as the board of zoning appeals prior to the issuance of a building permit to repair or rebuild within the existing footprint. (4) The community development director, planning board and city council acting as the board of zoning appeals shall base its decision for approval, approval with conditions, or denial, on the following criteria: a, Boathouse must have a minimum side yard setback of 15 feet, this setback requirement will not apply to boathouses located over a cut-in boat slip. b. Boathouses may not protrude more than 25 percent of the waterway width or 20 feet into the waterway, whichever is less. c. Boathouses may not be more than 15 feet in height as measured from the top of the decking to the top of the roof. d. Boathouses must be completely open on all four sides except that the header board can be covered with decorative finishing materials or lattice board no more than 12 inches below the bottom of the header board. Roofing material and roof color must be: 1, Same as the material and color which are used on the principal structure; or Page 10 of 13 '7A Ce.RJ , ARTICLE IV. BOAT DOCKING FACILITIES 2. Palm frond "chickee" style; or 3. Cedar shake style. 4. Roof must be hip, gable, mansard, or flat style roof, consistent with the roof style of the principal structure. When the roof must be changed to conform, the roof overhang shall not project more than 36 inches into the required side yard setbacks or more than 36 inches beyond the allowed protrusion. 5. A roof shall not be utilized as a viewing platform, sunning deck, gathering place or similar use. e, No boathouse may be used for the purpose of human habitation or storage of materials other than recreational supplies. (Ord, No. 00-04, S 9, 4-17-2000; Ord. No, 03-15, S 1, 9-3-2003) Sec. 54-117. Manatee protection. (a) Purpose of section. The following are for the purpose of manatee protection and will be applicable to all multi-slip docking facilities with ten slips or more, and all marina http://library2.municode .com! gateway .dIVfl/florida/ 43123/43232/4323 6?f=templates$fn=... 09/09/2005 . ARTICLE IV. BOAT DOCKING FACILITIES r ?eAI of 13 ~) facilities, (b) Manatee protection, (1) Proposed developments will be reviewed for consistency with the manatee protection plan (MPP) adopted by the Collier County Board of County Commissioners and approved by the state department of environmental protection. If the location of the proposed development is consistent with the MPP, then the developer will submit a "manatee awareness and protection plan", which shall address, but not be limited to, the following categories: a. Education and public awareness; b. Posting and maintaining manatee awareness signs; c. Information on type and destination of boat traffic that will be generated from the facility; d, Monitoring and maintenance of water quality to comply with state standards; e. Marking of navigational channels may be required. (c) Marina siting. (1) The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing manatee protection, The marina site rating system gives a ranking based on three criteria; water depth, native marine habitat, and manatee abundance, In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For this plan an on-water travel distance of five miles is considered the sphere of influence, (2) Rating criteria, a. A preferred rating is given to a site that has or legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (see Table 1). b, A moderate ranking is given to a site where; there is an adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. c, A protected ranking is given to a site where; there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat and no impact to a high manatee use area. d. The exact areas will depend on site specific data gathered during the site development process. Table 1 http://1ibrary2.municode.com/gateway .dll/fllflorida/43 123/43 232/4323 6?f=templates$fn=... 09/09/2005 . ARTICLE IV. BOAT DOCKING FACILITIES Page 12 of 13 7A (Lt.) If TABLE INSET: Nater Depth Native Marine Habitat Manatee Use preater Less than No han 4' 'MLW Impact- Impact Not High High MLW Preferred ~ ~ X Moderate ~ ~ ~ Moderate X ~ X Moderate ~ ~ X Protected tx ~ X Protected X X X Protected :x X X Protected ~ tx X *For shoreline vegetation such as mangroves, no impact is defined as no greater than five percent of the native marine habitat is disturbed. For sea grasses, no impact means that no more than 100 square feet of sea grasses can be impacted. (d) Allowable wet slip densities. (1) Preferred sites, New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of up to 18 boat slips for every 100 feet of shoreline, Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. (2) Moderate development sites, New or expanded wet slips and multi-family facilities shall be allowed at a density of up to ten boat slips for every 100 feet of shoreline, Expansion of existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited, Expansion of existing boat ramps is allowed, Construction of existing boat ramps is allowed. Construction of new boat ramps is prohibited, (3) Protected site, New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of one boat slip for every 100 feet of shoreline, Expansion of existing dry storage facilities or construction of new dry storage facilities is prohibited. Expansion of existing boat ramp or construction of new boat ramps is prohibited. (4) Mitigation. If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria in the three-way test (see Table 1) would not affect the outcome of the ranking, If such slow speed zones are not existing, the http://library2.municode.com/ gateway .dll/fl/florida/4 3123/43 232/43236?f=templates$fn=... 09/0912005 . ARTICLE IV. BOAT DOCKING FACILITIES Page 13 of 13 CCR') city or county may establish, with DEP approval, additional SIO!SPZ Anes in · order to mitigate the proposed additional boat traffic. (5) Implementation. This rating system does not preclude the existing zoning and density regulations required by the current land development code. This system shall be used to determine the allowable maximum powerboat wet slip densities within future marina sites for the purpose of manatee protection. These criteria will be applied at the appropriate point in the city permitting process, (6) Exemption. Existing facilities and facilities which had state or federal permits prior to adoption of the county manatee protection plan shall be exempt from these provisions, but will be subject to all other requirements of the LOC, (Ord, No. 00-04, S 10, 4-17-2000; Ord, No. 03-15, S 1, 9-3-2003) Sec. 54-118. Penalties for violation. (a) Pursuant to F,S. S 162.22, a person found to be in violation of this article may be charged with a fine, not to exceed $500.00, and may be sentenced to a definite term of imprisonment not to exceed 60 days. Each violation or noncompliance shall be considered a separate and distinct offense, Further, each day of continued violation or noncompliance shall be considered as a separate offense. (b) Violations of this article may also be prosecuted before the city code enforcement board. (Ord, No. 00-04, S 12, 4-17-2000; Ord. No, 03-15, S 1, 9-3-2003) Sees. 54-119--54-140. Reserved. http://Iibrary2.municode.com/ gateway .dll/fl/florida! 43123/43232/4323 6?f=templates$fn=... 09/09/2005 '7C '4-"~ August 17, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2004-AR-6700, Eden Florida Dear Legals: Please advertise the above referenced notice on Sunday, September 11, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O.lAccount # 113-138312-649110 NOTICE OF PUBLIC HEARING ,.. 7 C , 'h b' h h B d f C C" "f' Not1ce 1S ere y glven t at t e oar 0 ounty omm1SS1oners 0 Collier County will hold a public hearing on Tuesday, September 27, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. '... ,.. The Board will consider Petition CU-2004-AR-6700, Eden Institute Foundation Inc., represented by Kelly Smith, of Davidson Engineering, Inc., requesting Conditional Use per Table 2 LDC Section 2.04.03 of the "E" Estates zoning district for a private school and group care facility. The proposed project includes a school facility for individuals with autism along with a group home which will allow for respite care, areas for outreach services, including physical therapy, speech therapy and occupational therapy, and recreational facilities for the use of the students as well as program participants. The subject property, consisting of 9.63 acres, is located at 2101 County Barn Road, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 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 based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Linda A. Houtzer, Deputy Clerk ( SEAL) August 17, 2005 'Co~fy~s>f-Gil)~lier CLERK OF THE G(RCtIIT COURT COLLIER COUNTY~' URrltOUSE 3301 TAMIAMI 'EAl$T . P.O. BOX 4 ~044 \. NAPLES, FLORIDA ~,1l0l-3~ 1<., J ~b I ~1;:r;: J \ \. ( (J,,_1 /' ~7C Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Kelly Smith Davidson Engineering, Inc. 2154 Trade Center Way, #3 Naples, Florida 34109 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-6700, Eden Florida Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Q.~.k Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.coIlier.fl.us Fax - (239) 775-2755 Email: coIlierclerk@clerk.coIlier.fl.us Dwight E. Brock Clerk of Courts 'Co~ty_~.~f-G(l)'l\lier CLERK OF THE GtRCtI,IT COURT COLLIER COUNTYi' URTItOUSE 3301 TAMIAMI IL EA.~T ,- \ . P.O. BOX 4 ~U44 \ NAPLES, FLORIDA ~ft.101-3ck4 ~\i ..':.;~~)~~",.,. l' ?i.%,i'-, ,. , '~~j /' 7C Clerk of Court:i Accountant Auditor Custodian of County Funds August 17, 2005 Eden Institute Foundation Inc. 13631 Learning Court Ft. Myers, Florida 33919 Re: Notice of Public Hearing to Consider Petition CU-2004-AR-6700, Eden Florida Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Q'~~~llc Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Linda A. Houtzer 7C From: Sent: To: Subject: Linda A. Houtzer Wednesday, August 17, 2005 1 :09 PM legals@naplesnews.com GU-2004-AR-6700 Eden Florida Attachments: GU-2004-AR-6700. doc; GU-2004-AR-6700. doc Hello, Please advertise the attached notice on Sunday, Sept, 11, 2005, CU-2004-AR-6700, CU-2004-AR-6700, doc (30 KB) doc (29 KB) If you have any questions, please call 774-8411. Thanks, Linda Minutes and Records 1 Linda A. Houtzer r 7 C From: Sent: To: Subject: ClerkPostmaster Wednesday, August 17, 20051:09 PM Linda A. Houtzer Delivery Status Notification (Relay) Attachments: A TT451669.txt; GU-2004-AR-6700 Eden Florida 1~..".....'l ~ B AlT451669.txt (229 B) CU-2004-AR-6700 Eden Florida This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination, legal s@naplesnews,com 1 Linda A. Houtzer 7C From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, August 17,2005 1:06 PM Linda A. Houtzer Delivered: GU-2004-AR-6700 Eden Florida Attachments: GU-2004-AR-6700 Eden Florida ~ L::J CU-2004-AR-6700 Eden Florida <<CU-2004-AR-6700 Eden Florida>> Your message To: legals@naplesnews,com Subject: CU-2004-AR-6700 Eden Florida Sent: Wed, 17 Aug 2005 13:08:32 -0400 was delivered to the foilowing recipient(s): legals on Wed, 17 Aug 2005 13:05:46 -0400 1 CU-2004-AR-6700 Eden Florida Page 1 of 1 7C Linda A. Houtzer From: Sent: To: Perrell, Pamela [paperrell@naplesnews,com] Wednesday, August 17, 20051 :38 PM Linda A. Houtzer Subject: RE: CU-2004-AR-6700 Eden Florida OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collierJI.us] Sent: Wednesday, August 17, 2005 1:09 PM To: legals@naplesnews.com Subject: CU-2004-AR-6700 Eden Florida Hello, Please advertise the attached nolh'e on Sunday, 5,'epr II, 2005, <<CU-2004-AR-6700. doc>> <<CU-2004-AR-6700. doc>> l/,:v01l. have any questions, please call 774-84/1. T7zanks. Linda Minutes and Record.,,' 8/17/2005 CU-2004-AR-6700 NOTICE OF PUBLIC HEARING :Notlce Is hereby given .that the Board or county,. .Commlssloners of Col. '... ,lIer County will hold a I' ' Affidavit of Publication :G~~~'ie':~Wlror7.TM:S, Naples Daily News :~~o~~~ l~%~~r:rr.tf~~' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - 'Building. COllier County '~overnm.nt C.f1t.r. , 01 East Tamllll1ll Trail. · aples. Florida. The 'm..tlng will begin at :t:oo A.M. :rhe Board will consider ;Petltlon CU.2004.AR. 6700. Eden Institute :Foundatlon Inc.. r.pre-' ,sented by Kelly Smith. .pf Davidson Englneerlnll. .Inc., requesting Conell- 'tlOnal Use per Table 2 . DC Section 2.04.03 of . he "E" Estates zoning .dlstrlct for a private .school and group care 'faclllty. The proposed .project Includes a .school facility for Indl- ."Iduals with autism ..long with a group 'home which will allow 10r respite car.. areas 10r outreach "rvlcesl i 'Includlng physlca I 'therapy. speech th.rapy! 'and occupational thera-I ~~I~~e~:~:l ~i 'studentl II well is PrO- ~'am participants. The ub/ect property, con- : 1st ng of 9.63 acres, Is cated at 2101 County arn Road, In section B, . ownshlp 50 South'l .-,nD.e 26 East. Collier COunty. florida. ' NOTE: All Persons wish. Ing to speak on any lQinlIa IttIn must regis- ter with. the~Olll1ty Ad- mlnlstrator' 'lIf to pr'-I HntatiOn '0 the agenda e addressed. bt. '~-;tU: Wln 0 an ndJvldUs:1'f~ I spuk'on behalf of an, ~lzatIon or Gl'OWl Is .I\cour,ICMd; I~" ".t. cog- nPled byth. . If, a spokesperson', r a group ororgal'illi.',. tlon l\1l!ly be alloUiId lQ~ mln- u~es to speak Ot' an ~m, P~rsons wishing to h4ve written or graphic m.aterlals Included In th,e Board agenda pack- ets must submit said I1lIlterlal a minimum of 3 wl!eks prior to the re- spective publiC hearing. In, any case. written ma. terlals Intended to be considered by the Board shall be submitted to 2 o:%~gPJjY= ~~~ e" days prior to the pUblic hearing. All ma- teflal us.d In presenta. tlons before the Board will become a perma. nent part of the record. Anwo person whodeclcl- esto ~eal . _Itlon of the . will neId a recQrd 0:, the proceed. ~'~.', fnl~=:e~ to ......... . v_ =y'.,~ tlmony an ev dence upon which the appeal Is based. BOARD 'OF COUfoITYi COMMISISONiRS COLLIER COUNTY, FLORIDA FRED .W. COYLE. CHAIR- MAN &~HT .E., BROCK. By: IILfnda A. Houtzer. ~fAtr Clerk ~1;It.1l NQ., J 183563 Naples Daily News Naples, FL 34102 BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59091295 113138312649110 CU-2004-AR-6700NOTIC State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 09/11 AD SPACE: 122.000 INCH FILED ON: 09/12/05 --------------------------------------------------+------------------- Signature of Affiant ~;:; Lie}, Sworn to and Subscribed before me this J~ day of 7&'d'U~ ~~ Personally known by me ',' I Harnett Bushong MY (,iMM,SSlm4 # DD~~4689 EXPIRES 24, 2007 :.-l('lAJOEDTdP!,1 iNC 7C '7C .. MEMORANDUM Date: September 29, 2005 To: Michael DeRuntz, Principal Planner Planning Services From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution No. 2005-341 Enclosed please find oae (1) copy of the document, as referenced above, (Agenda Item #7C), as approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you should have any questions, please call me at 774-8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~ 7 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the '- exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) l.Sandra Lea I CDES Administration lill 9 /"1/IC' < ""-./ L, / "-, 2. ,/ ( I 3. ;1'\ 4. ,; "'-, 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office ~) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item, Name of Primary Staff Contact Michael 1. DeRuntz, C.F,M" Principal Planner, Zonin and Land Dev. Review Phone Number 403-2416 'Ie Yes (Initial) N/A (Not A plicable) Agenda Date Item was A roved by the BCC Type of Document Attached Number of Original Documents Attached l~~ L, I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05 Agenda Item Number 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on September 27, 2005 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2, 3. 4. 5, 6. ""70 ~ RESOLUTION NO. 05 - 341 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF TWO CONDITIONAL USES IN THE "E" ESTATES ZONING DISTRICT FOR A PRIVATE SCHOOL AND GROUP HOME, TO SERVE THE RESIDENTS OF THE GROUP HOME AND PROGRAM PARTICIPANTS PER TABLE 2, SUBSECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of two conditional uses per Table 2 Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District for a private school and group home, to serve the residents of the group home and program participants. The proposed project is located on the property hereinafter described. The Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1 0.08.00.D of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. Page 1 of2 """70 -- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CU-2004-AR-6700, filed by Kelly Smith of Davidson Engineering, Inc., representing Eden Institute Foundation Inc. with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for two conditional uses per Table 2 of Subsection 2.04.03 of the Land Development Code in the "Elt Estates Zoning District for a private school and group home, to serve the residents of the group home and program participants, in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopt1 after motion, second and super-majority vote. Done this .21 f day of JejJ/t!'Hlb ~ / ,2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA " ' BY: ~~IA)" FRED . COYLE,-CH ATTEST,: DWIGH'I E'..' BROC' -, ,~C P.ln < ' ' ""'7/ A P;~~~Wiogjl,td Legal Sufficiency:' ~on.~-~ Marj ie M. Student-Stirling Assistant County Attorney CU-2004-AR-6700, Eden FloridaIMJD/sp Page 20f2 7C .... '~ '" FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes /' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval JllMcIt:!J) . CHAIRMAN: !lJJAJj 9 k /(J~ { { DATE: EXHIBIT "A" r ',' C 7 . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: r'7C ,,.. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~" No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ Affect mitigated by -lL!l. t- ~,.J,4v~ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes v No Based on the above findings, this conditional use should, with stipulations, (copy attached) ...(shQuld-Hot)-be recommended for approval DATE: cr- I-of)"- MEMBER:lJcJ" 0) ~ " '~ 7C .. A FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" r'7C FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2,04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V" No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes~ No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V" No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: Cf /1/ 6 ~ - , MEMBER:~ ~ 7C .# FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 ofthe Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" 7C FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land !fvelopment Code and Growth Management Plan: Yes J No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress , Yes -1L No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: I' No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within diStriC~/ Yes No Based on the above findings, this conditional use should, with tipulations, (copy attached) (should nor; recomme~ed for approval DATE:/.1'er /, .11J{)~ MEMBER: / / / FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR "-7C CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 ofthe Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" 4, , 7C; FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / V No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district t,r/ Yes No Based on the above findings, this conditional use should, with tipulations, (copy attached) (should not) be recommended for approval DATE: qNrr MEMBER: ~ \ FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR i,\,' 7C CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04,03 ofthe Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible use within district Y es No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" .' 7C * '+II! FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04,03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Dev910pment Code and Growth Management Plan: Yes V-' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress / Yes j,// No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: , / 1/ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district v/ Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval r;- / - tl..J MEMBER: /7 f 1'/ . ,/ ,/'''j/'/ ".. .. u '--- ."..~~/' / DATE: r"" 7 C ~ ... FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2,04,03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency Wit~ Land Development Code and Growth Management Plan: Yes J.L No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and accyss in case of fire or catastrophe: Adequate ingress ~ egress / Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effect~ /' / / V' No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with ,adjacent properties and other property in the district: Compatible use vy(thin district I Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" 7C ."!i FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1, Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: I Yes \' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes I No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /' No Based on the above findings, this conditional use (should not) be recommended for approval 9 --I" Df MEMBER: 1 {t 1~c:1L; DATE: FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 7C~ ~ \~.' ,~: CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" "'7C FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes~o C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ' b affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: tf-/-dJ &/~~/.':r~ FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 7C.. CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" 7C, FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes J No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes j No C. Affects neighboring properties in relation to noise, glare, economic or odor eff):: _ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible USjithin district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 9/1/ tJ~ I ( -GIIAIlttVIAN: ;L/ P--n;1.,(..., ~~ & ~ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~~7C ~ I."'" CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents ofthe group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: 7C ~ ."" LEGAL DESCRIPTION - CU-2004-AR-6700 - Eden, Florida South Y2 of North Yz of the Southeast 'l4 of the Northwest 'l4, less the West 50', Section 8, township 50 South, Range 26 East, as recorded in O.R. Book 456, Page 299, of the public records of Collier County, Florida Exhibit "B" tll 6' _ i- ~~~::s ~~ ~ is!n eYl m :::!.c ':<"" 3 Q:\,! ~~~. Q>> ~ '"<.> CIl 0, ~ p g. <0 Q ~ "0 '~,~m "VI ~O ~Z " " '" .... ~5~~ ~~~ ~~~S ~~~~ ~~~cn ~I:::.::Q ~~~:t ~O\o'\I ~~~~ ~~Q ~~::::: ~~... ;:;: ~!!l _ l> "I ~;!1:1li ~-.. ~:it ~~ ~-.. ~:it ~~ n ! ~ ~ rr~ ~ ~ C'l ~ rat>! ;::!~ o ~ "i :"~!t~ ~ ~ ~ ~ ;a ~o,c~ ~' ~ ~ =t ~ '" ~g-s ""''''~''~~~~''~~ " ~"~,, "'~"''''- i\;l~~",n;l~i:l~,,~ Dlr;;!e~~;fj-I'ti~rr;rIi ~h~~U~~~n j!!: ~~~5n~p.~~1;)<: U~i'<!1i~!;<:lf;"a iiI~s;~~d~H~~ :::ti _::!:l!::,...",o.... ~. 'iI" ~~~~R~~~~~~ ~~8~~~~~~~~ ~~8~~~~~~~~ ~~8~~~~~~~~ ~li1&~~~~2~~n, ~l;g~~~r;;~~~ 1Il ~:o!: is.- t.;,.....:j ~..., ~~g~~~R~~5 ~ ~ ~ ~ ~ ~ ~ ~.~ ~ <:~!ll.~m""~!gl>~ ~ Si;~5"\1~~ 1ii ~ Tt~ 88n;l i u U~ ~~ ~:t~ I~ ~ '," ,~ COUNTY BARN ROAD _ _ff"""lgitltl''''_ _ _ - ~';':-;c- __~__--1~___~ I' -'- _J....J._~_L.,+1 , I · · ~!!E>. · · " " I t ~ if ~"if if [;;~ if if I " ~ m .<- I ' II I '-El> · ~~.. ~~."I 1'1 a' :ik . D' · I, ,~, .1 . : I I ., 1 .1 : I 1 , ~ ~. ,I" t I . '~~ ~ .: '1., 1'1:, '.:'I.i I I 1-;-11'"""1 : I' ~ "I;~;;; II : . · ~ .1 J i;!l : I I I , , I ! I II : I ./ I' ~, 1 ;1 1 ~, I 1 ~i I ~t : 1 I ! I i , I I j;;; I I .!l j L; II !~ : I ~. II ~ , l' It r ~r1 ~Ii , I , 1 ! I L ~ r ~ ~ -0 ~~ ~8 ~ II IN h II I: I is ~ i~ i ii - ~. ~~ I ~q 1 R ~, . ,"rlrC :J. .oa.oo S ......- ~ ~ ~ g a D o ~D ~~ ~[!l g El> .~~ c: ~~ ~ c 0 . :~Q~ 18;.;~ :~~~ , 8 , . ~ ~ ~~ oIq ~ II r EXHIBIT lIell 7C ~ !:~ ~~ . ~ i Illl! I .e l i i {Hm! '" ~ ~ ~ , , ~ '" ~~~'!~~; ~ ~ ~ ~.. N t ~ ~ ~ ~~~~~~~ ~ (J) ;~~~ i~ ~~~ ~1~~1~~ ,) ~ '..... ~ ~... \I) $!" ~ "" ~~Hql~~~~;;~ l~Jn ~;~~~~~~~~E~~'l.~IJ ~ ~Eli~i~~l~!~ ~'l~I.~ d"~Hh ~~i~l li~ ~~~~~i~~ ~~~~i. Il~ ~' '~ ~ It It ~ I I - I .. ~fH~ s!~i';J I f:8!' 215 ~ ~Q~,I,~Q j-. ,P'I~I~ ~ '~ ~ ~'g ~. ! . i_ ~i~~~~ ~ Ji'1lS..-Q QU~~ " f 7C. CONDITIONS OF APPROVAL - CU-2005-AR-6700 - Eden, Florida 1. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04-41. 2. A fifty-foot wide roadway easement, for the length of the property frontage along County Barn Road, shall be provided at no cost to Collier County for roadway and stormwater improvements, within four months of the approval of this Conditional Use. The proposed easement is located on the east side of an existing 100-foot wide roadway easement for County Barn Road. 3. The Conditional Use approval is to allow a private school, with a maximum of 50 students. The use is limited to what is depicted on the site plan identified as "Eden Florida Campus" prepared by Davidson Engineering, Inc., dated October 2004, stamped "Received 711/05". 4. A six-foot non-chain link fence shall be installed along the front property line and for the first twenty-five feet along the side property lines, and the remainder of the perimeter of the property shall be have a six-foot chain link fence installed with three gallon vine landscaping planted three feet on center prior to the start of the construction of the private school. Exhibit "D" G:\DeRuntz\AR-6700\Conditions of Approval To: Clerk to the Board: COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS r SA XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) ***************************************************************~*w*~~********************************* Originating Dept/ Div: Comm.Dev.Serv.lPlanning Person: Heidi William~) Date: Gf II I DS Petition No. PUDZ-2005-AR-7469, Sonoma Oaks PUD --- Petitioner: Robert 1. Mulhere, R W A Inc., 3050 N, Horseshoe Dr., Suite 270, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: Carl Nagel, CDN Properties, LLC, 711 5th Ave, S., Naples, FL 34103 Richard D, and Frances A. Craig, C/O Thomas Craig, 2770 S. Horseshoe Dr. Suite 4, Naples, FL 34104 R. Bruce Anderson, Esq., 850 Park Shore Dr., Naples, FL 34103 Hearing before BCC BZA Other Requested Hearing date: Sentember 27. 2005 Based on advertisement appearing 15 days before hearing, Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: PUDZ-2005-AR-7469 Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of RW A, Inc., requesting a rezone from the Rural Agricultural (A) zoning district to the Planned Unit Development (PUD) zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses on a total of 37.5:1: acres, The subject property is located on the west side of Collier Boulevard, approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East Collier County, Florida, Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: ~~ q/h/Oi- ~epartment Head Date Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file, ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: q -l ~ O~ Date of Public hearing: q - ~ 7 ~6)' Date Advertised: q - t ( 15<; r 8 A~.'~ ORDINANCE NO. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURE (A) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) KNOWN AS SONOMA OAKS MPUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY Y4 MILE NORTH OF VANDERBILT BEACH ROAD (CR 862), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5 ACRES; AND PROVIDE AN EFFECTIVE DATE. WHEREAS, Richard and Frances Craig, and CDN Properties, LLC, represented by Robert Mulhere, AICP, of RW A, Inc. and R. Bruce Anderson, of Roetzel and Andress, petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition PUDZ-2005-AR-7469. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The Zoning Classification of the subject real property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) to Mixed Use Planned Unit Development (MPUD) in accordance with the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. 8A PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Deputy Clerk Patrick G. WhIte Assistant County Attorney ........... r SA SONOMA OAKS MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULA nONS AND SUPPORTING MASTER PLAN GOVERNING THE SONOMA OAKS MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: CARL M. NAGEL, AGENT FOR CDN PROPERTIES, LLC 711 FIFTH AVENUE SOUTH, SUITE 209 NAPLES, FLORIDA 34102 and THOMAS R. CRAIG, AGENT FOR RICHARD & FRANCES CRAIG 2770 S. HORSESHOE DRIVE, SUITE 4 NAPLES, FLORIDA 34104 PREPARED BY: "RWTANC CONSULTING ........ Y 'f..J.. ..JL 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 and R. BRUCE ANDERSON, ESQUIRE ROETZEL & ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR NAPLES, FL 34103 DATE REVIEWED BY CCPC 08/18/05 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" T ABLE OF CONTENTS LIST OF EXHIBIT AND TABLES 1 STATEMENT OF COMPLIANCE 11 SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION I-I SECTION II PROJECT DEVELOPMENT REQUIREMENTS II-I SECTION III RESIDENTIAL DEVELOPMENT STANDARD III-I SECTION IV COMMERCIAL TRACT (C) IV-I SECTION V PRESERVE TRACT (P) V-I SECTION VI DEVELOPMENT COMMITMENTS VI-I 8A. LIST OF EXHIBITS. TABLES AND APPENDIX EXHIBIT "A" MPUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION TABLE I PROJECT LAND USE TRACTS TABLE II RESIDENTIAL DEVELOPMENT STANDARDS TABLE III COMMERCIAL DEVELOPMENT STANDARDS 8A ~~"l 8A STATEMENT OF COMPLIANCE The development of 37.5::1: acres of property in Collier County, Florida, as a Mixed-Use Planned Unit Development (MPUD) to be known as Sonoma Oaks MPUD, complies with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan (GMP). The development of Sonoma Oaks MPUD will be consistent with and further the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). More specifically, the Sonoma Oaks MPUD will be consistent with the GMP goals, objectives and policies, and with the Collier County Land Development Code (LDC), and other applicable regulations for the following reasons: 1. The subject property is designated Urban on the Future Land Use Map (FLUM) and lies within the Urban - Mixed Use District, Urban Residential Subdistrict. A 9.38::1: acre portion of the subject property qualifies for commercial zoning under the Office and In-fill Commercial Subdistrict provisions of the Urban - Mixed Use District in the Future Land Use Element (FLUE), as amended. The remaining 28.12::1: acres qualify for residential development at up to 4.0 dwelling units per acre. The PUD provides for a maximum of 112 dwelling units and a maximum of 120,000 square feet of commercial office and retail use. 2. The purpose and intent of the Office and Infill Commercial Subdistrict provisions of the GMP reads as follows: The intent of this Subdistrict is to allow low intensity office commercial or in-jill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right-of-way, except for an intervening local street; and "commercial" refers to C-l through C-5 zoning districts and commercial components of PUDs. A. The proposed MPUD is within the Urban - Mixed Use District. B. The proposed MPUD abuts Collier Boulevard (C.R. 951), which is classified as an Arterial on the Collier County Functional Classification Map. C. This MPUD designates 9.38 acres along Collier Boulevard for Commercial use as set forth under the Office and Infill Commercial Subdistrict. Although the commercial area has been reconfigured from an east-west orientation along Mission Hills Loop Road to a north-south orientation along Collier Boulevard, the commercial area is limited to 9.38::1: acres, and is consistent with all other criteria and provisions as set forth in the Office and Infill Commercial Subdistrict. Moreover, the proposed uses are generally lower intensity uses, and thus are compatible with adjacent and nearby residential and commercial development. 11 r 8A 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's requested density and intensity as described in Objective 2 of the Future Land Use Element. 4. The development will be compatible and complimentary to existing and planned surrounding land uses as required by Policy 5.4 ofthe FLUE. 5. The development of the Sonoma Oaks MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The native vegetation provisions of the Sonoma Oaks MPUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. 7. By virtue that the project must comply with the provisions of Chapter 6 of the LDC, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub-Element, and Objective 1.5 of the Recreation and Open Space Element. 8. The project provides a roadway connecting Wolfe Road and the Loop Road, allowing access for the public to the shopping center (immediately to the south) and to Wolfe Road (which is the site of a future traffic signal at Collier Boulevard), thereby reducing traffic volumes and improving at the intersection of Vanderbilt Beach Road and Collier Boulevard. In addition, the connection road provides an alternate route for emergency vehicles from the Golden Gate Fire Station 73, located immediately north of Sonoma Oaks PUD across Wolfe Road, which will allow them to avoid the intersection when traveling west. As a result, the Project furthers Goal 1 of the Transportation Element, and specifically the following Objectives: 2, 3,4,5, and 7. 9. 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. 10. All final local development orders for this project are subject to the County's Adequate Public Facilities, Section 6.02.00, as amended, of the Collier County Land Development Code. 111 8A SECTION I PROPERTY OWNERSHIP AND 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 the Sonoma Oaks MPUD. 1.2 LEGAL DESCRIPTION THE SUBJECT PROPERTY BEING 37.5:t ACRES, IS COMPRISED OF 3 ADJOINING P ARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT-OF-WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT-OF -WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT-OF -WAY (PARCEL 3). 1.3 PROPERTY OWNERSHIP The subject property is owned by: Parcels 1 and 2 are owned by: CDN Properties, LLC, 711 Fifth Avenue South, Suite 209, Naples, Florida 34103. Parcel 3 is owned by: Richard D. and Frances A. Craig, P.O. Box 899, Edwards, Colorado 81632. 1-1 , 8A 1.4 DEVELOPER The Sonoma Oaks MPUD property is intended to be developed by the applicants. All reference to the "Developer" as may be contained in this MPUD Document shall mean the applicants, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Developer to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the west side of Collier Boulevard, approximately Y-i mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east (unincorporated) Collier County, Florida. The zoning classification of the subject property prior to the date of the approved PUD was "A," Rural Agricultural. The co-applicants have demonstrated unified control of the subject property with the submission of an affidavit of unified ownership. 1.6 PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the Mission Hills PUD water management system. The discharge point from the Mission Hills PUD is the existing swale, located along the northern side of Vanderbilt Beach Road. Natural ground elevation typically varies from 12.9 to 13.5 NGVD; average site elevation is 13.2 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge into the Mission Hills PUD stormwater management system. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. 1-2 8A Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand, Limestone Substratum. The subject property is mostly cleared. The remaining vegetation consists predominantly of pine flatwoods and woodlands with a mix of different vegetation types. 1. 7 PROJECT DESCRIPTION The Sonoma Oaks MPUD shall be a mixed-use development. The eastern 9.38::1: acres of the property, shall allow for a variety of office and low intensity commercial uses. The remainder of the property shall be developed as a residential community. The developer will provide a public road that will interconnect Wolfe and Loop Roads and separate the Commercial and residential components of the MPUD. Access to the property will be provided via a right in along Collier Boulevard, and a full-access opening along Wolfe and two access points along Loop Road. The Commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The Sonoma Oaks MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Sonoma Oaks Mixed-Use Planned Unit Development Ordinance". 1-3 :~ 8 A SECTION II PROJECT DEVELOPMENT REQUIREMENTS 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 use tracts within the Sonoma Oaks MPUD, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Sonoma Oaks MPUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the defmitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Sonoma Oaks MPUD shall become part of the regulations that govern the manner in which the MPUD site may be developed. D. Unless modified, waived, or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00, Adequate Public Facilities, at the earliest or next-to-occur of either Site Development Plan approval, Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A," MPUD Master Plan. There shall be three land tracts, portions of which may include water management lakes or facilities, and private rights-of-way. A breakdown of the Sonoma Oaks MPUD land use tracts and their respective acreages is presented in Table 1. II-I 8A~ TABLE I PROJECT LAND USE TRACTS TRACT "R" TRACT "P" RESIDENTIAL PRESERVE 9.38::1: (excluding ac. for ROW reservation 12.41::1: (excluding ac. for ROW reservation and lake) 5.32::1:* TRACT "c" COMMERCIAL *Remaining 0.39 acres of required preserve will be provided at first of SDP or Plat approval. 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 all tracts, lakes or other boundaries may be permitted at the time of Plat or Site Development Plan approval, subject to the provisions of Sub-Section 10.02.05 C. and Section 10.02.12, respectively, of the LDC, or as otherwise permitted by this MPUD document. C. In addition to the various areas and specific items shown on Exhibit "A," such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY & INTENSITY A maximum of 112 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office development is approximately 28.13 acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. The Commercial Tract will be limited to 9.38:t acres, and the maximum development intensity shall be limited to a maximum of 120,000 square feet of commercial uses as set forth in Section 4.2 of this MPUD. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the MPUD, final plans of all required improvements shall receive approval from the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan and the LDC. B. Exhibit "A," MPUD Master Plan, constitutes the required MPUD Development Plan. Any division of property and development of the land shall be in compliance with Sections 10.02.03 & 10.02.05 of the Collier County LDC, and the platting laws of the State of Florida. II-2 i''''. 8A C. The provisions of Section 10.02.03 of the LDC, 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. Appropriate instruments will be provided at the time of infra structural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. E. In the case of zero lot line units and development tracts using the 4 and 8-foot setback option, at the time of subdivision plat for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 2.6 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Changes and amendments may be made to this MPUD Ordinance or MPUD Master Plan, Exhibit "A," as provided for in Section 10.02.13. of the LDC. Minor changes and refinements, as described in Section 6.3.C. of this MPUD document, may be made in connection with any type of development or permit application required by the LDC. 2.7 COMMON AREA MAINTENANCE Should tracts or parcels be created with ownership and maintenance responsibility common to all owners of property within this MPUD, appropriate legal instruments shall be provided for the establishment of a Property Owners Association. The functions of the Property Owners Association shall include provisions for the perpetual care and maintenance of all common areas and facilities, including open space and native preservation areas, subject to the provisions ofLDC Section 2.2.20.3.8. set forth as follows: "Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan or development, the development services director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If II-3 ~. 8A deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the development services director shall call upon any public or private agency to maintain the common open space for a period of one year. When the development services director determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties." This Section of the original codification of the LDC was unintentionally omitted from the re- codified LDC, and is intended to be added, but is nonetheless still presently effective. 2.8 MODEL, SALES/RENTAL 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 Sonoma Oaks MPUD subject to the requirements of Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the Collier County Land Development Code. Temporary Use Permits for sales centers and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. B. Temporary uses for sales centers may be serviced by temporary well and septic systems. 2.9 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. Site Development Plan (SDP) application(s) for the clubhouse and related facilities may be submitted concurrently with applications for improvement plans and final subdivision plat to depict the location of the clubhouse and related facilities within a future platted tract. The approval of the clubhouse SDP is not dependant on final plat approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. II-4 ,a' 8 A 2.10 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.8 of this MPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but shall not be expanded in size. 2.11 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed-use residential projects maintain open space at a minimum of30% of the entire MPUD (excluding R.O.W reserved for Wolfe Road and Collier Boulevard). The MPUD Master Plan identifies preserves, lakes, and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Chapter 4.02.01 (B) of the LDC for mixed-use developments. 2.12 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-of-way width to be utilized for all project streets may be fifty feet (50'). Deviation 1 from LDC Section 6.06.01(0) (Section III of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code) that requires right of way for local roads to be a least sixty feet (60'). Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.13 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sonoma Oaks MPUD except in the Preserve Area. General permitted uses are those uses that generally serve the Developer, owners, and tenants of the Sonoma Oaks MPUD and are typically part of the common infrastructure. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.01.03. 2. Water management facilities and related structures. 3. Irrigation treatment and distribution facilities. 4. Temporary sewage treatment facilities. 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. II-5 r-SA 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in Section 2.19 of this MPUD. 2.14 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or B. Redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.03.06. C. The Sonoma Oaks MPUD is a planned mixed-use development and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for the commercial uses and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, pavement treatments, roadway medians, fences, walls, buffers, berms, and other similar facilities. The MPUD will comply with all applicable provisions of LDC Chapter 5, unless a deviation from these standards is authorized as a condition of a subsequent development order. II-6 I." 8A SECTION III 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 MPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, signage, as well as project recreational/social facilities will occur within this Tract "R". The residential portion of this PUD will not be developed or operated as a rental community. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 112 dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or 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) 2. Zero lot line dwellings 3. Single-family detached dwellings 4. Two-family dwellings 5. Multiple-family dwelling 6. Patio homes (as defined in footnote 1, Table II of this section) B. Accessory Uses: Customary accessory uses and structures including, but not limited to clubhouses, private garages, swimming pools with, or without screened enclosures, tennis courts, tot lots, playgrounds and other outdoor recreation facilities, along with the following: Model Homes (See Section 2.8 ofthis MPUD Document). III -1 8A 3.4 DEVELOPMENT STANDARDS 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. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Section 4.03.01 of the Collier County Land Development Code in effect at the time of building permit application. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO-F AMIL Y, SINGLE- F AMIL Y PATI01,2 & CLUBHOUSE/ F AMIL Y ATTACHED & ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE F AMIL Y BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10,000 S.F. PER UNIT PER UNIT PER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F/D.U. N/A MIN FRONT YARDs 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN SIDE YARD 6 FEET o FEET or o FEET or 15 FEET N/A 6 FEET 6 FEET MIN REAR YARD 15 FEET 15 FEET 15 FEET 20 FEET N/A MIN PRESERVE SETBACK3 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET 15 FEET or N/A Yo BH, WHICIHEVER IS GREATER MAX. BLDG. HT. 4 2 STORIES 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 45 FEET 45 FEET ACCESSORY STRUCTURES FRONTS 10 FEET 10 FEET 10 FEET 10 FEET 20 FEET SIDE 5 FEET 5 FEET 5 FEET 5 FEET YoBH REAR 5 FEET6 5 FEET6 5 FEET6 5 FEEr 10 FEEr PRESERVE SETBACK3 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAX. BLDG. HT. 4 2 STORIES 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 45 FEET 45 FEET III-2 8A BH: Building Height Notes: Front yards shall be measured as follows: If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). 1) A Patio Home is a detached or semi-detached single-family unitfrom ground to roofwherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0') on one side and six feet (6') on the other side in order to provide a minimum separation between principal structures of twelve feet (12 '). Alternatively, if the zero foot (0') setback option is not utilized, then the minimum setback shall not be less than four feet (4') and the combined setback between principal structures shall be at least twelve feet (12 '). At the time of subdivision plat for each tract, a lot layout depicting minimum yard setbacks and buildingfootprint shall be submitted. 3) Setback from preserve areas shall be twenty-five feet (25') for principal structures and ten feet (10') for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. 4) Building height is measured as setforth in LDC Section 1.08.02 Definitions "zoned height of building. " 5) Front loading garages shall have a minimum front yard setback twenty-three feet (23 'j, as measured from the back of sidewalk. Side loaded garages may be located less than twenty-five feet (23') feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached or detached to the principal structure. 6) Setback from lake easements for all accessory uses and structures may be zero feet (0 '). 7) No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement, shall encroach into a required landscape buffer tract or easement. 8) Actual Height, as defined in the LDC, shall not exceed 40 feet for single-family attached, single-family detached, two family attached and zero lot line development, or 45 feet for multi-family and clubhouse development. III-3 r SA SECTION IV COMMERCIAL TRACT (C) 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "C," Commercial on Exhibit "A," MPUD Master Plan. The general function and purpose of this tract is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 4.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 9.38:f: acre Commercial (Tract "C"), shall not be developed with more than 120,000 square feet of commerciaVoffice uses, and in no case shall a retail use or uses, or an office use be permitted if the trip generation rate for said use or uses exceeds the trip generation rate for Land Use Code (LUC) 820 Shopping Center or LUC 710 General Office, respectively, as set forth in the Institute of Transportation Engineers (ITE) Report in effect at time ofSDP review. 4.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses 1 : 1. 5231 - Paint Glass, and Wallpaper Stores; 2. 5331 - Variety Stores 3. 5399 - Miscellaneous General Merchandise Store 4. 5441 - Candy, Nut and Confectionary Stores 5. 5451 - Dairy Product Stores 6. 5499 - Miscellaneous Food Stores 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. IV-I 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. ~ 8 A 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Industry Group 571, 572 and 573 in the Standard Industrial Classification Manual. 9. 5812 - Eating Places, except that a maximum of one free standing fast food restaurant, as defined in the LDC, shall be permitted, not to exceed 5,000 square feet of gross leasable floor area. 10. 5912 - Drug Stores and Proprietary Stores 11. 5941 - Sporting Goods and Bicycle Shops 12. 5942 - Book Stores 13. 5943 - Stationary Stores 14. 5944 - Jewelry Stores 15. 5945 - Camera and Photographic Supply Store 16. 5947 - Gift, Novelty and Souvenir Shops 17. 5943 - Luggage and Leatherworks Store 18. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 19. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 722 - Photographic Portrait studios b. 723 - Beauty Shops c. 724 - Barber Shops d. 725 - Shoe Repair Shops and Shoeshine Parlors e. 729 - Miscellaneous Personal Services, only including 7291 Tax Return Preparation Services, and 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Industry Number 7384, Photofinishing Laboratories. IV-2 ~8A 21. Establishments engaged in miscellaneous repair services, only including Industry Numbers 7631 - Watch, Clock, and Jewelry Repair and 7699 - Repair Shops and Related Services, Not Elsewhere Classified. 22. 7841 - Video Tape Rental. 23. 7991 - Physical Fitness Facilities 24. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Industry Groups: a. 801 - Offices and Clinics of Doctors of Medicine; b. 802 - Offices and Clinics of Dentists; c. 803 - Offices and Clinics of Doctors of Osteopathy; d. 804 - Offices and Clinics of Other Health Practitioners. 25. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 26. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 27. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 - Engineering Services b. 8712 - Architectural Services c. 8713 - Surveying Services d. 8721 - Accounting, Auditing and Bookkeeping Services e. 8741 - Management Services f. 8742 - Management Consulting Services g. 8743 - Public Relations Services h. 8748 - Business Consulting Services. 28. Any other Permitted use set forth in the LDC in the C-3 district, except 5411 free standing Grocery Stores only, and 5813 Drinking Places. B. Conditional Use 1. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). IV-3 8A C. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this MPUD Document. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 3. One caretaker's residence. 4.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Sonoma Oaks MPUD Commercial Tract. Standards not specified herein shall be those specified in applicable sections of the LDC in effect in effect at the time of site development plan or subdivision plat review and approval. B. Architectural Uniformity: Development within the Commercial Tract of this MPUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture may be derived from Section 5.05.08 of the LDC, or may be unique to the MPUD, in conformance with the applicable guidelines and standards of Section 5.05.08 of the LDC, unless an exception, waiver, or variance from those guidelines or standards is granted. IV-4 8A T ABLE III COMMERCIAL DEVELOPMENT STANDARDS 10,000 sq. ft. 100 ft. N/A N/A 25 ft. 25 ft. 25 ft. SPS SPS SPS MINIMUM YARDS Internal Drives/ROW Rear Side Lakes Preserves MIN. DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT*** Retail Buildin s Office Buildin s MINIMUM FLOOR AREA MAXIMUM GROSS LEASABLE AREA 15 ft. 10 ft. 10 ft. 25 ft. 25 ft. 10ft. or 1/2 the sum of building heights* 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 1 story and 42 ft. 3 stories and 42 ft. 1,000 sq. ft. ** 120,000 sq. ft. 42 ft. 42 ft. N/A N/A * whichever is greater ** per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of twenty-five (25) square feet and are not subject to setback requirements set forth above. *** Actual Height as Defined in the LDC shall not Exceed 50 feet. C. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential, where such lighting is located within two hundred (200) feet of any residential property. Said lighting shall be shielded where necessary to prevent glare onto adjacent residential property. IV-5 8A SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P," Preserve Area on Exhibit "A," MPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: A. Principal Uses: 1. Open spaces/Nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Footpaths and boardwalks, provided any clearing required to facilitate these uses does not impact the minimum required vegetation. V-I SA SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Site Development Plans, Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section 4.02.00 of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, 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 is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium! homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 6.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A," MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land 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 Section 10.02.13 of the LDC, 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 services and all common areas in the proj ect. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Sonoma Oaks MPUD Master Plan upon written request of the Developer. VI-l SA 1. The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the GMP, and the Sonoma Oaks MPUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13 of the LDC. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the MPUD boundaries. 2. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C.l of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area below the amount required in this MPUD document. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County. c. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the MPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of MPUD tract boundaries when there is no proposed encroachment into Preserve Area, except as provided for in "a." above. 3. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4. Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 SA 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This MPUD is subject to the Sunset Provisions of Section 10.02.13 of the LDC. B. An annual MPUD monitoring report shall be submitted pursuant to Section 10.02.13 of the LDC and be in the form of an affidavit by the property owner or designated agent. 6.5 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO) for the units/square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan, at the discretion of the developer; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. Site related improvements shall be in place by phase, and available for access, prior to the issuance of the first CO of that phase. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Section 6.02.01 of the LDC, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. VI-3 8A G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will 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 developer, its successor in title, or assignee. 1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities, except for the reverse connector road between Wolfe and Loop Roads that may be dedicated to the County. J. 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. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the fair share cost of such improvement shall be borne by the developer. L. The applicant has agreed to convey right-of-way for Collier Boulevard and Wolfe Road: (1) Collier Boulevard - a strip ofland 65 feet in width and running the entire length of the property's frontage on Collier Boulevard; and (2) Wolfe Road - a strip of land 80 feet in width and 540 feet in length along the projects Wolfe Road Frontage. M. No Certificates of Occupancy shall be granted for improvements within this PUD prior to October 1, 2007, with the exception of certificates of occupancy for construction trailers and a sales facility. 6.6 WATER MANAGEMENT The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: VI-4 8A A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services 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 the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the LDC and SFWMD Rules. C. The project developer must obtain an ERP or Early Work Permit from the SFWMD prior to Site Development Plan approval. 6.7 UTILITIES The development of this MPUD 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 No. 01-057, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. The development will be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. D. The Developer will provide Collier County with an easement or fee simple title for a parcel of land generally located in the southeast quadrant of the site for a well and pump-house. The size of the well and pump-house parcel shall be the minimum necessary to accommodate these improvements and shall not exceed 10,000 square feet. The precise location shall be determined at the time of first site development plan or subdivision plat approval. It shall be the responsibility of Collier County to design and construct the pump-house, fencing, signage, and lighting, and any other site improvements so as to conform to, and be harmonious with, the architecture of the commercial or residential site location, depending upon the final site location. 6.8 ENVIRONMENTAL The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida ERP Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. VI-5 f". 8 A 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, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF & WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. D. The MPUD shall be consistent with the environmental sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. E.. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to Plat/Construction Plan approval. 6.9 ADDITIONAL DEVELOPMENT COMMITMENTS A. Developer shall make a payment of one thousand dollars ($1000), at the time of the first and each subsequent closing on the sale of each dwelling unit constructed on the PUD property, to the Empowerment Alliance of Southwest Florida Community Development Corporation. This commitment and the subsequent payments may be credited against any subsequently adopted affordable, work force, and/or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fees and/or other similar tax or charge which would otherwise be applicable to the PUD property, as may be so contemplated and provided for by such subsequently adopted provisions. VI-6 Ilt9'It.I :xv"..-.a ~....... .......~Ml .w....._:xw _1"'_ tol"~""""'lllJ'...-.a..-.c....._ ~ JOO!D.ld 'wmnid ..... T & & .,...... u.>dd1J'l'l'ao6:wnS~ . 'i~.~N~ ON,,:1 M..U ;0- ~ . ~ ~ I ~ ~ ~ ~ >- '" ~ ~ ~ ~ < 0 ::;; e ~ ~ ~ ::;; . ~ ~ ::J ~ ~ n . 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I . , 1 I , , 1 V.ld3:JNOO NV7d lJ3.LSYW GndW DIV!J:J SJ:JNVlJ.i CINV mWH:JI'H S3J.LH3dOHd NaJ , 'd """"'" 1f.Al.... ...... DOI-.J .",. .... ... ... _\/AU "" ..." 1181HX3 w -' G: 0< n:: I' "-<( Wz "'0 :)>= o -'w <tV) (.) 0:: (: i. e:i ~e ~9 s~ ~~.: ~,;l e:~~ n~ ~l~ \.,~ ~ J h" d ~~ ~~ . III ~ ----- -=- -~;.;;;t -tllffl\:FIf1O!> -t!3A'IOO- - - - - -- i: ~ 1r '" 0 w w w Cl. Q:OO Uiid ,"-",G:, -' 0 o Z it :0 s~ ~~ ~( z ~ ~ I ~. Oi. ~: ~~ I~:~ ~~~ ~ ~l ~> w -- _10' SA OO-.o,(Hf) -- .... ~I ~I I o~ I' I Ol Z ~ \1 g ~ \1 V) I !I i (I ~I !I I ___J__ I :~ ~~ j I ~ H ,; I be Its i ~ i ~I o. I I ! ~~ , ~~ Z o >= ~ ~ I f- 0(11 Z:JZ OCl.O Ui u '"' '" ::;; w o Z ::J 8A September 1, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ -2005-AR-7469, Sonoma Oaks pun Dear Legals: Please advertise the above referenced notice on Sunday, September 11, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold Deputy Clerk P.O.lAccount # 113-138312-649110 ,~ SA NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, September 27, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURE (A) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) KNOWN AS SONOMA OAKS MPUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY 1/4 MILE NORTH OF VANDERBILT BEACH ROAD (CR 862), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5 ACRES; AND PROVIDE AN EFFECTIVE DATE. Petition PUDZ-2005-AR-7469, Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of RWA, Inc., requesting a rezone from the Rural Agricultural (A) zoning district to the Planned Unit Development (PUD) zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses on a total of 37.5 +/- acres. The subject property is located on the west side of Collier Boulevard, approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks 8A prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts 'Goiin~'-of-G~l1ier .~F- "J ~ ~ .-...... 1 CLERK OF THE CIRCUIT COURT COLLIER COUNTY CpURTkoUSE 3301 TAMIAMI~ILEA~T P.O. BOX 4~~044 \, NAPLES, FLORIDA ~1} 0 1-36rt4 - I l\j I _<~C,,",' j ,~",", , ,. '; ( :~"~)' 8A Clerk of Courts Accountant Auditor Custodian of County Funds September I, 2005 Robert 1. Mulhere, RWA Inc. 3050 N. Horseshoe Drive Suite 270 Naples, Florida 34104 Re: Notice of Public Hearing to consider Petition PUDZ-2005-AR-7469 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27,2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t:c:~c~~ ~ocM~ .oc Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts l~o)'iiit\'-of-G~lllier . ...-~~ ....] ~-.....~ \ CLERK OF TH~ C!CQIT COURT COLLIER COUNTY URTkOUSE 3301 TAMlAMI L EA~T . P.O. BOX 4 ~044 \ NAPLES, FLORIDA ~101-3d44 ~'~b I >It< ) ''. (' 8-1 / 8A Clerk of Courts Accountant Auditor Custodian of County Funds September 1, 2005 Carl Nagel CDN Properties, LLC 711 5th Ave. S Naples, Florida 34103 Re: Notice of Public Hearing to consider Petition PUDZ-2005-AR-7469 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27,2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK . o. 00cJJlo1lJ, IJ e eidi R. Rockhold Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'Co~ty~.~f-G~~~ier CLERK OF THE CtRCUIT COURT COLLIER COUNTY!' URrlrOUSE 3301 TAMIAMI L EA~T ". \ . P.O. BOX 4 ~044 \ NAPLES, FLORIDA ~01-3O'rf4 ., I .-t~4 I ~ '^{tK j '\. ( 3_;/ 8A Clerk of Courts Accountant Auditor Custodian of County Funds September 1, 2005 Richard D. And Frances A. Craig c/o Thomas Craig 2770 S. Horseshoe Drive Suite 4 Naples, Florida 34104 Re: Notice of Public Hearing to consider Petition PUDZ-2005-AR-7469 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK '. a 0~otf), ~~ eidi R. Rockhold Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'Coiinfy-of-G(lYllier CLERK OF THE--CtRCUIT COURT COLLIER COUNTY qoURTNOUSE 3301 TAMIAMI ~L EA~T . P.O. BOX 41-~044 \ NAPLES, FLORIDA ~J101-3d-f4 t.e i ..lb I ..>.'~~. / \ ,- 8.~)' 8A Clerk of Courts Accountant Auditor Custodian of County Funds September 1, 2005 R. Bruce Anderson, Esq. 850 Park Shore Drive Naples, Florida 34103 Re: Notice of Public Hearing to consider Petition PUDZ-2005-AR-7469 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROC/)CLERK ., a /~. {)c eidi R. Rockhold Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us 8A Heidi R. Rockhold From: Sent: To: Subject: Heidi R Rockhold Thursday, September 01, 2005 4:37 PM 'Iegals@naplesnews.com' PUDZ-2005-AR-7469, Sonoma Oaks PUD PUDZ -2005-AR-7 469 .doc; PUDZ-2005-AR-7469 .doc Attachments: Legals, Please advertise the above mentioned notice on 5'unday, September] ], 2005. PUDZ - 200S-AR -7 46 PUDZ - 200S-AR-746 9.doc (29 KB) 9.doc (31 KB) If questions, please call. Thank vou, .' Heidi R. Rockhold, Minutes and Records Department 239-774-841 ] (heidi. rockhold@clerk.collier.fl.us) Heidi Rockhold 8A Heidi R. Rockhold From: Sent: To: Subject: ClerkPostmaster Thursday, September 01 , 2005 4:37 PM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT120835.txt; PUDZ-2005-AR-7469, Sonoma Oaks PUD ~'~. '.....:' - B'~.' .-.-.-' -~, . -,' ",~,^-,.." A1T12083S.txt PUDZ-200S-AR-746 (231 B) 9, Sonoma Oaks'''T'I,' . . . II I D I' S'i\ r;p . 1 filS t.,' an automallca y generatel. e Ivef}' " latus }Votlju:atlOn. Your message has been succe.s..~fitlly rela.yed to thefollolving recipients, but the requested delivery status not(fications may not be generated b.y the destination. I egals@!'llaplesnews.com Heidi Rockhold 8A Heidi R. Rockhold From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, September 01 , 20054:34 PM Heidi R. Rockhold Delivered: PUDZ-2005-AR-7469, Sonoma Oaks PUD Attachments: PUDZ-2005-AR-7469, Sonoma Oaks PUD F:-/'l U PUDZ -200S-AR-746 9, Sonoma Oaks... <<PUDZ-2005-AR-7469. ,Sonoma Oaks PUD>> Your message To: legals@!naplesnelvs.com Su~ject: PUDZ-2005-AR-7469, Sonorna Oaks PUD Sent: Thu, / Sep 2005 /6:36:51 -0400 was delivered to thefollowing recipient(~'): legals on Thu, 1 Sep 2005 16:33:33 -0400 Heidi Rockhold PUDZ-2005-AR-7469. Sonoma Oaks PUD Page 1 of 1 8A Heidi R. Rockhold From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, September 01,20054:37 PM To: Heidi R. Rockhold Subject: RE: PUDZ-2005-AR-7469, Sonoma Oaks PUD OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collierJl.us] Sent: Thursday, September 01, 2005 4:37 PM To: legals@naplesnews.com Subject: PUDZ-2005-AR-7469, Sonoma Oaks PUD Legals, Please advertise the above mentioned notice on Sunday, September 11, 2005. <<PUDZ-2005-AR-7469.doc>> <<PUDZ-2005-AR-7469.doc>> lfquestions, please call. Thank you, Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold@clerk.collier}l.us) 9/112005 r---- ~ ~ ~ i i Naples Daily News Naples, FL 34102 8 A" ..., State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- PUDz.2005.AIH469 NOTICE l)F INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on TUESDAY, Sep- tember 27, 2005-1 n tn. Boar41'00mJ 3ra Floor, Administration Building, Collier co.unt)' Govern- ment Center, 3301 Eut Tamlaml TraH.l. ttapl8l1 Florida, the .oaril oi county commissioners wilt consider the enact- ment of a CountY Ordl. nance. The meeting wilt commence at 9:00 A.M. The title of the pro.! posed Ordinance I. as! fOllows: . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LANp DEVELOPMENT COD...~ -wlltett-#lC1.\UlES THI\ COMPREHENSIVE ZON- ING REGULATIONS FOR TttE UNINCORPORATED ARiA OF COLLIER COUN- lJG F'f.&'~:~o~~rrfE ZONING Atl.AS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURE (A) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) KNOWN AS SO- ~~A:'?~K{~~~bf~ THE WEST SIDE OF COL- LIER BOULEVARD (CR 951), APPROXIMATELY 1/4 MILE NORTH OF VANDER'ILT BEACH ~Po"tP if:T~NS't1I:Ef8 SOUTH. "ANGI 26 EAST, CO L LI'E R CO U N TY, FLORIDA, CONSIS'J'I=G ~&o~TDI :~'U1'ctlv~ DATE. ' Petition PUDZ-2oo5-AR- 7469, Richard and France. Craig and CDN Properties, LLC, repre. sented by Robert Mul. AD SPACE: 169.000 INCH here of RWA, Inc.~e- ~~~~~-~~~-----~~~:~~~:_-~~-----------~:~--q;--------------------- ~~~~~ Signature of Affiant .. ~l =:'to~,~uo.l'.,rx: ~ I /J ed.uu development Sworn to and Subscribed before me th.is ~ day of r AJ-rf- 20 ~ coun:I~~11'20:e~d~n~~i '-1-/ -uJ..() . 7J :rwelllng units and Personally known by me .-( /'/[/'LA",.-<A4 J.l.p..AAJ ~~~~r~~a~:e~e~t~ o~ total of 37.5 +1- acres. The subJect property Is located on the west side ot CoUler SOulevard, !Ill- proximatelY 1/4 nillf,1e nort~ of Vander~ t Beach Road, In $8ctlon 34. Township 48 SOuth, \ Range 26 East, Collier County, Florida. COJ!les of the proposed I Ordinance are on file with the Clerk to the Board and are available fOr Inspect.lon. All Inter- ested ~rtIes are Invited to attend and be heard. NOTE: All persons wish- Ing to speak on any agenda It~ must regis- ter with the CoulltY ad- ministrator prior to pre- sentation of the agenda Item to be addressed. Individual speakers will be IImlted to 5 minutes on an~ Item. The selec- tion of an Indlvldue.' to speak on behalf of an organization or group Is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization may llt allottld 10 min- utes to speak on an Item. PersonS wishing to have written or graphic ma- terials Included In the Board agenda packets must submit Slid ma- terial a minimum of 3 weeks prior to the re- spective publiC hearing. In any case, written ma- terials Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sev- en days prior to the public hearing. All ma. terlal used In presenta- tions before the Board will become a perma- nent part of the record. Any person who decides to appeal a decision of the SOard will need a re- cord of the III'OCHdlngs pertaining thereto and therefore, may need to ensure that a verbatim record of the proceed- ings Is made, which reo cord Includes the testl. mony and evidence uJ!on which the appeal Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, ~~~D':. COYLE, CHAIR- MAN DWIGHT E. BROCK, CLERK m,!!~~' Rockhold, (S'{ALf -.SeIIt. 11 No. 12021lli9 BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59098248 113138312649110 PUDZ-2005-AR-7469NOT PUBLISHED ON: 09/11 Harnett Bushong MY COMMISSION # OD?34689 EXPIRE: July 24, 2007 li')f"H)tD fHR~ i 7:(:1"1 ,c:A.. :',1S'jRANC[ iN( ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~lt) A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE~T T<J 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Omce. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional sib'1latures, dates. and/or information needed. If the document is already complete with the r h #4 h h kr dD d S '1 "t. .. exception ofthe Chairman's signature. draw a line through routin~ mes # I througt , complete t e c ec 1st, an orwar to ue FI son (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4, 5, Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number ~ Agenda Item Number Number of Original Documents Attached 21"3 -;Zc;q '3 SA \ Yes (Initial) NI A (Not A Iicable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. ~o-- N/A is not an option for line 6. 2. 3. 4. 5. 6. I: Forms! County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 t SA "" MEMORANDUM Date: October 18, 2005 To: Heidi Williams, Principal Planner Zoning and Land development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005-342: Resolution of Denial Enclosed please find one copy of the document referenced above, (Agenda Item #8A), which was adopted by the Board of County Commissioners on Tuesday, September 27, 2005. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure SA ~.t._ RESOLUTION NO. 05- 342 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER PUDZ-05-AR-7469, PERTAINING TO A REQUEST TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICUL TURE (A) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) KNOWN AS SONOMA OAKS MPUD, FOR PROPERTY CONSISTING OF 37.5 ACRES, LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY 1/4 MILE NORTH OF V ANDERBIL T BEACH ROAD (CR 862), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, DENYING THE REQUEST BY OPERATION OF LAW. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the establishment of Planned Unit Developments (PUD); and WHEREAS, the Board of County Commissioners, being the duly elected and lawfully constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an amendment to the Zoning Atlas Map for the purpose of amending the zoning designation for the property hereinafter described, and has not found as a matter of fact that satisfactory provisions and arrangements have been made concerning all applicable matters required by said regulations for the reasons set forth in the record of the proceedings before the Board; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida, that: Petition PUDZ-05-AR-7469, filed for Richard and Frances Craig, and CDN Properties, LLC, represented by Robert Mulhere, AICP, of RW A, Inc. and R. Bruce Anderson, of Roetzel and Andress, with respect to the proposed Sonoma Oaks MPUD be and the same hereby is by operation of law DENIED for an amendment to the Zoning Atlas Map for the purpose of amending the zoning designation for the property hereinafter described. 8A ~. ",'.' '. BE IT RESOLVED that this Resolution relating to Petition Number PUDZ-05-AR- 7469 be recorded in the minutes of this Board. This Resolution adopted based upon motion, second and majority vote to approve the subject request, which was not a sufficient super-majority vote, and thus, the request is considered denied by operation of law effective this date. Done this 27th day of September ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,') \~.\ ". . ", ~: ~./\ 'I)) 'I' ", " - ~1. I BY, FRED~L~H~ ~..~\I .~/ .... . .vJvU ,\AL ktt Patrick G. White . Assistant County Attorney PUDZ-05-AR-7469 18n#~A ~-l'" -05 - (lJIle l D -\<:01:15 ~ -=- } - ~C~i' l COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS J 88 I To: Clerk to the Board: Please place the following as a: Normal legal Advertisement X Other: (Display Adv., location, etc.) ********************************************************************************************************* Originating Dept/ Div: Engineering Services Department/CDES Person: Robert Wiley Date: September 12,2005 Petition No. (Unone, give brief description): Amendments to Collier County Flood Ordinance Petitioner: Robert Wiley, Principal Project Manager, Collier County Engineering Services Department, 2800 North Horseshoe Drive, Naples, FL 3410 1 (239) 213-5858 Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before BCC -L.. BZA Other Requested Hearing date: September 27, 2005 Based on advertisement appearing 1.Q.. days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required Proposed Text: (Include lel!al description & common location & Size: AN ORDINANCE REPEALING, REPLACING AND ADDING CERTAIN PROVISIONS IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PERTAINING TO DEFINITIONS, SEC. 62-27; PERTAINING TO ENFORCEMENT PENAL TIES, SEe. 62-28; PERTAINING TO PURPOSE, SEe. 62-29; PERTAINING TO FINDINGS OF FACT AND OBJECTIVES, SEe. 62-31; PERTAINING TO APPLICABILITY, SEC. 62-32; PERTAINING TO A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SEC. 62-34; PERTAINING TO A WARNING AND DISCLAIMER OF LIABILITY, SEe. 62-36; DESIGNATION OF FLOODPLAIN ADMINISTRATOR, SEe. 62-46; PERT AINING TO AN APPEALS PROCEDURE, SEC. 62-47; PERTAINING TO A VARIANCE PROCEDURE, CRITERIA, AND NOTICE, SEe. 62-48; PERTAINING TO APPLICATION PROCEDURE FOR PERMIT, SEe. 62-50; PERTAINING TO GENERAL STANDARDS, SEe. 62-61; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES lYIT!! BASE FLOOD ELEVATIONS AND WITH OR WITHOUT REGULATORY FLOODWAYS, SEe. 62-62; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODW A YS, SEe. 62-63; PERTAINING TO SPECIFIC STANDARDS FOR AO-ZONES, SEe. 62-64; PERTAINING TO SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V-ZONES), SEe. 62-65; PERTAINING TO SPECIFIC STANDARDS FOR CUMULATIVE SUBSTANTIAL IMPROVEMENT; ADDING SEe. 62-66, PERTAINING TO SPECIFIC STANDARDS FOR CUMULATIVE SUBSTANTIAL IMPROVEMENT; ADDING SEe. 62-67, PERTAINING TO SPECIFIC STANDARDS FOR SUBDIVISION PLATS; ADDING SEe. 62-68, PERTAINING TO SPECIFIC STANDARDS FOR CRITICAL FACILITIES; ADDING SEe. 62-69, PERTAINING TO SPECIFIC STANDARDS FOR STORMWATER MANAGEMENT FACILITIES INSPECTION AND MAINTENANCE; ADDING SEC. 62-70, PROVIDING FOR SPECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE; PROVIDING FOR CONFLICT AND SEVERABILITY, LIBERAL CONSTRUCTION, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DATE. Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs: 113- 13 8900-649100 ~;;~/ ~- Date Approved by: Reviewed by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request 88 ~I for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original FOR CLERK'S OFFICE USE ONLY: B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************************************************************************************* Date Received: Date of Public hearing: Date Advertised: .,.--... 9/12/2005 11:16 AM 88 ., ORDINANCE 2005- AN ORDINANCE REPEALING, REPLACING AND ADDING CERTAIN PROVISIONS IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PERTAINING TO DEFINITIONS, SEC. 62-27; PERT AINING TO ENFORCEMENT PENAL TIES, SEe. 62-28; PERT AINING TO PURPOSE, SEe. 62-29; PERTAINING TO FINDINGS OF FACT AND OBJECTIVES, SEe. 62-31; PERTAINING TO APPLICABILITY, SEe. 62-32; PERTAINING TO A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SEC. 62-34; PERTAINING TO A WARNING AND DISCLAIMER OF LIABILITY, SEC. 62-36; DESIGNATION OF FLOODPLAIN ADMINISTRATOR, SEC. 62-46; PERTAINING TO AN APPEALS PROCEDURE, SEe. 62-47; PERTAINING TO A VARIANCE PROCEDURE, CRITERIA, AND NOTICE, SEe. 62-48; PERTAINING TO APPLICATION PROCEDURE FOR PERMIT, SEC. 62-50; PERTAINING TO GENERAL STANDARDS, SEe. 62-61; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES WITH BASE FLOOD ELEVATIONS AND WITH OR WITHOUT REGULATORY FLOODWAYS, SEe. 62- 62; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS, SEe. 62-63; PERTAINING TO SPECIFIC STANDARDS FOR AO- ZONES, SEe. 62-64; PERTAINING TO SPECIFIC STANDARDS FOR COAST AL HIGH HAZARD AREAS (V-ZONES), SEe. 62-65; PERTAINING TO SPECIFIC ST ANDARDS FOR CUMULA TIVE SUBSTANTIAL IMPROVEMENT; ADDING SEe. 62- 66, PERTAINING TO SPECIFIC STANDARDS FOR CUMULATIVE SUBST ANTIAL IMPROVEMENT; ADDING SEC. 62-67, PERTAINING TO SPECIFIC STANDARDS FOR SUBDIVISION PLATS; ADDING SEe. 62-68, PERT AINING TO SPECIFIC STANDARDS FOR CRITICAL FACILITIES; ADDING SEC. 62-69, PERTAINING TO SPECIFIC STANDARDS FOR STORMW A TER MANAGEMENT FACILITIES INSPECTION AND MAINTENANCE; ADDING SEC. 62-70, PROVIDING FOR SPECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE; PROVIDING FOR CONFLICT AND SEVERABILITY, LIBERAL CONSTRUCTION, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, Chapter 125, Florida Statutes, established the right and power of counties to provide for the health, welfare and safety of existing and future residents by enacting and enforcing regulations necessary for the protection of the public including flood damage prevention ordinances; and WHEREAS, Chapter 163, Part II, (Local Government Comprehensive Planning and Land Development Regulations Act), Florida Statutes, provides that counties shall have the power and responsibility to plan comprehensively for their future development Words strnek tmol:lgh are deleted, words underlined are added. Wrr II ouT: rke-e/30FJ,R.f) 88 ORDINANCE 2005-_ AN ORDINANCE REPEALING, REPLACING AND ADDING CERTAIN PROVISIONS IN THE CODE OF LA WS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PERTAINING TO DEFINITIONS, SEC. 62-27; PERTAINING TO ENFORCEMENT PENALTIES, SEC. 62-28; PERTAINING TO PURPOSE, SEC. 62-29; PERTAINING TO FINDINGS OF FACT AND OBJECTIVES, SEC. 62-31; PERTAINING TO APPLICABILITY, SEC. 62-32; PERTAINING TO A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SEC. 62-34; PERTAINING TO A WARNING AND DISCLAIMER OF LIABILITY, SEC. 62-36; DESIGNA TION OF FLOODPLAIN ADMINISTRA TOR, SEC. 62-46; PERTAINING TO AN APPEALS PROCEDURE, SEC. 62-47; PERTAINING TO A VARIANCE PROCEDURE, CRITERIA, AND NOTICE, SEC. 62-48; PERTAINING TO APPLICATION PROCEDURE FOR PERMIT, SEe. 62-50; PERTAINING TO GENERAL STANDARDS, SEC. 62-61; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES WITH BASE FLOOD ELEVATIONS AND WITH OR WITHOUT REGULA TORY FLOODW A YS, SEC. 62- 62; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULA TORY FLOODW A YS, SEC. 62-63; PERTAINING TO SPECIFIC STANDARDS FOR AO- ZONES, SEC. 62-64; PERTAINING TO SPECIFIC STANDARDS FOR COAST AL HIGH HAZARD AREAS (V-ZONES), SEe. 62-65; ADDING SEC. 62-66, PERTAINING TO SPECIFIC ST ANDARDS FOR CUMULA TIVE SUBSTANTIAL IMPROVEMENT; ADDING SEC. 62-67, PERTAINING TO SPECIFIC ST ANDARDS FOR SUBDIVISION PLATS; ADDING SEC. 62-68, PERT AINING TO SPECIFIC STANDARDS FOR CRITICAL FACILITIES; ADDING SEC. 62-69, PERTAINING TO SPECIFIC STANDARDS FOR STORMWATER MANAGEMENT FACILITIES INSPECTION AND MAINTENANCE; ADDING SEC. 62-70, PROVIDING FOR SPECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE; PROVIDING FOR CONFLICT AND SEVERABILITY, LIBERAL CONSTRUCTION, INCLUSION IN THE CODE OF LA WS AND ORDINANCES AND AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, Chapter 125, Florida Statutes, established the right and power of counties to provide for the health, welfare and safety of existing and future residents by enacting and enforcing regulations necessary for the protection of the public including flood damage prevention ordinances; and WHEREAS, Chapter 163, Part II, (Local Government Comprehensive Planning and Land Development Regulations Act), Florida Statutes, provides that counties shall have the power and responsibility to plan comprehensively for their future development and growth including the adoption and implementation of appropriate land development regulations which are necessary or desirable to implement a comprehensive plan, Words stfl:lcl~ through are deleted, words underlined are added. 1 88 including the regulations of areas subject to seasonal and periodic flooding as provided in Section 153.3202(2)(d), Florida Statutes; and WHEREAS, Collier County is a participant in the Community Rating System program of the National Flood Insurance Program (NFIP) which is administered by the Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland Security; and WHEREAS, Collier County, Florida had previously adopted a Flood Ordinance (Ordinance 86-28, as subsequently amended by Ordinance 87-80 and Ordinance 90-31) that required extensive amending to comply with changes in the National Flood Insurance Program and meet certain criteria in the Community Rating System program; and WHEREAS, FEMA has issued a Letter of Final Determination dated May 17, 2005 wherein Collier County, Florida was notified of FEMA's intention to produce revised Flood Insurance Rate Map (FIRM) panels with an effective date of November 17, 2005; and WHEREAS, some of the revised Flood Insurance Rate Map (FIRM) panels to be issued by FEMA contain areas identified as Flood Zone A which became effective on May 17, 2005, the date of the issuance of the Letter of Final Determination; and WHEREAS, Collier County, Florida, as a participant in the National Flood Insurance Program, is required to adopt the latest FIRM revisions established by FEMA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 62-27, Definitions, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-27. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Accessory structure (Appurtenant structure) means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. This does not include a guest house which is defined in the Collier County Land Development Code as an accessory dwelling structure. Act means the National Flood Insurance Act of 1968 and any amendments to it. Anchored means adequately secured to prevent flotation, collapse, or lateral movement by floodwaters. Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Words struck through are deleted, words underlined are added. 2 88 Area of special flood hazard is the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This term is synonymous with the phrase "special flood hazard area." A Zones means any type of Special Flood Hazard Area flood zone designation that begins with the letter "A". It is not intended to refer to only the specific designation of Zone A which does not have an established base flood elevation. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood" and the "regulatory flood"). Base flood is the term used throughout this ordinance. Base Flood Depth means the depth shown on the Flood Insurance Rate Map (FIRM) for Zone AO that indicates the depth of water above highest adjacent grade resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year. Base Flood Elevation (BFE) means the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-A30, AR, ARIA, ARlAE, ARlA1-A30, ARlAH, ARlAO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a 1 percent chance of equaling or exceeding that elevation in any given year. Basement means any area of a building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building - see Structure. Chief Administrative Official means the County Manager. Coastal floodplain means the floodplain area identified by an analysis of the base flood from coastal surge. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1- V30, VE, or V. Community means all area within the boundaries of Collier County, Florida, including the incorporated municipalities. Community Rating System (CRS) means a program developed by FEMA to provide incentives for those communities in the Regular Program of the National Flood Insurance Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. County means unincorporated Collier County, Florida. Datum A reference surface used to ensure that all elevation records are properly related. Many communities have their own datum that was developed before there was a national standard. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NA VD) of 1988. The new FIRMs being prepared by FEMA with a FEMA effective date of November 17, 2005 are based upon the NAVD of 1988. Development means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment. Words stmck throl:lgb are deleted, words underlined are added. 3 88 Development permit means any County permit that must be approved by the County prior to proceeding with any "Development". Elevated building means a structure that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, columns, or pilings. Elevation means the measured vertical distance of a location in relation to an official, established datum. Elevation datum may be the National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum of 1988 (NA VD), whichever is specified on the effective FIRM at the time of measurement. Enclosure means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing Construction means, for the purposes of floodplain management, structures for which the "start of construction" commenced before September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86-28). "Start of Construction" means the date of approval of the structure's building permit, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date as more fully defined below. This term may also be referred to as "existing structures". Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before September 14, 1979 (the effective date of the first FIRM for Collier County and as previously stated in Ordinance 90-31). Expansion to an existing manufactured home park or subdivision means the preparation of additional sites at an existing manufactured home park or subdivision by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means the federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created U.S. Department of Homeland Security. Flood or flooding means: (1) A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the affected policy holder's property) from: (a) The overflow of inland or tidal waters. (b) The unusual and rapid accumulation or runoff of surface waters from any source. (c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. Words struck through are deleted, words underlined are added. 4 88 (2) The collapse or subsidence of land along a shore of a lake or similar body of water as the result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1) (a) of this definition. Flood Insurance Rate Map (FIRM) means an official map, or map series, of the community, issued by FEMA, which delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study (FIS) is the official hydraulic & hydrologic report provided by FEMA. The study contains an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and other flood-related erosion hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where applicable), and other related data and information. Floodplain means any land area susceptible to being inundated by flood waters from any source (see definition of "flooding"). Collier County, Florida, being a coastal community, has areas of floodplain from coastal surge flooding and areas of floodplain from interior basin riverine rising water flooding. Floodplain Administrator means the person, including subordinate staffing, designated by the County Manager to be responsible for the administration, implementation and enforcement of the floodplain management regulations of the County. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power which control development in flood-prone areas. This term describes Federal, State of Florida, or local regulations in any combination thereof, which provide standards for preventing and/or reducing flood loss and damage. Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, or structures and their contents. Dry floodproofing utilizes construction materials and techniques able to withstand the hydrostatic and hydrodynamic loads and buoyancy forces and keep floodwaters from entering the building up to the required floodproofing elevation. Wet floodproofing utilizes construction materials and techniques able to withstand prolonged submergence without damage and readily allow floodwaters to enter the building up to the required floodproofing elevation. Floodway means the channel of a river, canal or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than twenty hundredths of a foot (0.20'). Floodway fringe means that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted without additional hydraulic and/or hydrologic analysis. Freeboard means the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, bridge openings and Words struck tl1rol:lgh are deleted, words underlined are added. 5 88 hydrological effect of urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected frequency flood and floodway conditions. Functionally dependent use means a use that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. Hardship as related to variances from this ordinance means the exceptional hardship associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure. Historic Structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district: (3) Individually listed on the Florida inventory of historic places, which has been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) By the approved Florida program as determined by the Secretary of the Interior, or (b) Directly by the Secretary of the Interior. Letter of Map Amendment (LOMA) means an amendment to the currently effective FIRM that establishes that a property is not located in a Special Flood Hazard Area. A LOMA is issued only by FEMA. Letter of Map Revision (LOMR) means an official amendment to the currently effective FIRM. It is issued by FEMA and changes flood zones, delineations, and/or elevations. Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest Words struck tnfOl:lgh are deleted, words underlined are added. 6 " 88 floor, provided that such enclosure is built so as to not render the structure in violation of the non-elevation design standards of this ordinance. Mangrove Stand means an assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above ground and which contain one or more of the following species: Black mangrove (A vicennia Nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta). Manufactured home means a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Manufactured (mobile) home" does not include recreational vehicles. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. A manufactured home park or subdivision includes the construction of facilities for servicing the lots on which the manufactured (mobile) homes are to be affixed including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of the concrete pads. Map means the Flood Insurance Rate Map (FIRM) for Collier County, Florida issued by FEMA having an effective date of June 3, 1986, as may be amended, and includes the new FIRM to be issued by FEMA with an effective date of November 17, 2005. Market value means the building value, which is the real property value excluding the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), Actual Cash Value (replacement cost depreciated for age and quality of construction of building), or adjusted tax-assessed values. Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with the North American Vertical Datum (NA VD) of 1988. The National Geodetic Vertical Datum (NGVD) of 1929 may also be used provided that a conversion to NA VD is included and clearly identified as to which elevation relates to which datum. National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference for establishing varying elevations within the floodplain in relation to mean sea level. Natural grade means the pre-construction ground elevation unaffected by previous construction techniques such as filling, landscaping, or berming. New Construction means, for floodplain management purposes, any structure for which the "start of construction" commenced on or after September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86-28). The term also includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86-28). Words struck throllgh are deleted, words underlined are added. 7 88 Non-Residential means small business concerns, churches, schools, farm buildings (including grain bins and silos), pool houses, clubhouses, recreational buildings, mercantile structures, agricultural and industrial structures, warehouses, hotels and motels with normal room rentals for less than six (6) months' duration. Non-Residential does not include nursing homes or any buildings used as emergency evacuation centers in accordance with the Collier County Hazard Mitigation Plan. North American Vertical Datum (NA VD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain in relation to mean sea level. Obstruction means any type of lower area enclosure or other construction element that will obstruct the flow of velocity water and wave action beneath the lowest horizontal structural member of the lowest floor of an elevated building during a base flood event. This requirement applies to the structures in velocity zones (Zone VI - V30, VE, or V). Program deficiency means a defect in the community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards required by the National Flood Insurance Program. Public safety and nuisance means anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Recreational vehicle means a vehicle that is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory flood way means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than twenty hundredths of a foot (0.20'). Remedy a deficiency or violation means to bring the regulation, procedure, structure or other development into compliance with State of Florida, Federal or local floodplain management regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance or otherwise detening future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Riverine floodplain means the floodplain area identified by an analysis of the base flood from rainfall. Sand dune means naturally occumng accumulations of sand III ridges or mounds landward of the beach. Shallow flooding means the same as area of shallow flooding. Special flood hazard area means the same as area of special flood hazard. Words sff1:lek ti'lro1:lgi'l are deleted, words underlined are added. 8 88 Start of construction For other than new construction or substantial improvements under the Coastal Barrier Resources Act P. L. 97-348, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Storm cellar means a place below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornadoes or similar windstorm activity. Structure means: (1) for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (2) for insurance purposes, means: (a) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; (b) A manufactured home (also known as a mobile home), is a structure: built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation; or (c) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, which is regulated under the community's floodplain management and building ordinances or laws. For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (2)(c) of this definition, or a gas or liquid storage tank. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 49 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cumulative cost of which equals or exceeds 49 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 49 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this ordinance. Violation means the failure of a structure or other development to be fully compliant with the requirements of this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Words stmck through are deleted, words underlined are added. 9 88 ordinance IS presumed to be In violation until such time as that documentation IS provided. V Zones means any type of Special Flood Hazard Area flood zone designation that begins with the letter "V". V Zones are velocity zones where velocity flow and wave height of three feet (3') or greater is anticipated to occur during a base flood event. It is not intended to refer to only the specific designation of Zone V that does not have an established base flood elevation. Watercourse means a lake, river, creek, stream, canal, wash, channel or other topographic feature within, on, or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NA VD) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. SECTION TWO: Article II, Section 62-28, Enforcement; penalties, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following proVISIons: Sec. 62-28. Enforcement; penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this article, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or non-compliance shall be considered a separate and distinct offense. Each day of continued violation or non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Nothing in this section shall be construed to prohibit the County from prosecuting any violation of this article by means of a Code Enforcement Board or Special Master established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Subsection shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION THREE: Article II, Section 62-29, Statement of Purpose, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-29. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights and velocities; (2) Require that uses vulnerable to floods including facilities which serve such uses be protected against flood damage throughout their intended life span; Words struck through are deleted, words underlined are added. 10 88 (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. SECTION FOUR: Article II, Section 62-31, Findings of fact, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following proVISIOns: Sec. 62-31. Findings of fact and objectives. (a) The findings of fact are: (1) The flood hazard areas of Collier County, Florida are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages. (b) The objectives of this ordinance are to: (1) Protect human life, health and to eliminate or minimize property damage; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, roadways, and bridges and culverts located in floodplains; (6) Maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7) Ensure that potential homebuyers are notified that property is in a flood hazard area. SECTION FIVE: Article II, Section 62-32, Lands to which this chapter applies, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-32. Lands to which this chapter applies. This article shall apply to all areas of unincorporated Collier County, including areas of special flood hazard, within the jurisdiction of the Board of County Commissioners of Collier County, Florida. SECTION SIX: Article II, Section 62-34, Basis for establishing the areas of special flood hazard, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-34. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Study (FIS) for the unincorporated area of Collier County, Words stmck tRroHgh are deleted, words underlined are added. 11 88 Florida, dated June 3, 1986 and subsequent amendments and/or revisions and including the forthcoming revision to be effective November 17, 2005, with the accompanying maps and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this Ordinance. The Flood Insurance Study and Flood Insurance Rate Map are on file at the Collier County Community Development and Environmental Services Division, 2800 North Horseshoe Drive, Naples, FL 34104. SECTION SEVEN: Article II, Section 62-36, Warning and disclaimer of liability, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-36. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the Board of County Commissioners of Collier County, Florida or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. SECTION EIGHT: Article II, Section 62-46, Designation of chief administrative official, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-46. Designation of floodplain administrator. (a) The County Manager or his designee(s) is appointed to administer and implement the provisions of this article and this designated person is herein referred to as the Floodplain Administrator. (b) Duties of the Administrator shall include, but are not be limited to: . Review permits to assure sites are reasonably safe from flooding; . Review all development permits to assure that the permit requirements of this ordinance have been satisfied; . Advise permittee that additional Federal, State of Florida, or local permits may be required, and if such additional permits are necessary, especially as it relates to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065, and 553, Part IV, Florida Statutes, require that copies of such permits be provided and maintained on file with the development permit; . Require the permittee to notify adjacent communities, the Department of Community Affairs, Division of Emergency Management, the South Florida Water Management District, the Federal Emergency Management Agency and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to any capacity alteration or relocation of a watercourse; . Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained; . Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (Zones A, A1-A30, AE, AH, or AO) or bottom of the lowest horizontal structural member of the lowest floor (Zones V, V1-V30, or VE) of all new or substantially improved buildings, in accordance with Section 62-62 (1) and (2) and Subsection 62-65 (2), respectively; . Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved non-residential buildings have been floodproofed, in accordance with Section 62-62 (2); . Review certified plans and specifications for compliance; . Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the Floodplain Administrator shall make the necessary interpretation. Words struck through are deleted, words underlined are added. 12 88 The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article; . When base flood elevation data or floodway data have not been provided in accordance with Section 62-34, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State of Florida, or any other reliable and properly documented source, in order to administer the provisions of Section 62-61 through 62-70 (and including all other sections of this article); . Coordinate all change requests to the FIS and FIRM with the requester, the State of Florida, and FEMA, and . Where Base Flood Elevation is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with Section 62-62 (1) and (2), respectively and make provisions for the records to be open for public inspection. SECTION NINE: Article II, Section 62-47, Appeals procedure, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-47. Appeals procedure. (a) The Board of Zoning Appeals as established by the Board of County Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00, shall hear and decide all appeals of determination made by the floodplain administrator when it is alleging an error by the floodplain administrator in the enforcement or administration of this article. (b) An appeal shall be filed by the Appellant with the County Manager within ten (10) business days of the alleged error by the floodplain administrator. (c) The filing fee for each appeal shall be that adopted in the Community Development and Environmental Services Fee Schedule, Section A-6 (approved 7-26-05, Resolution 05-269) as may be amended, replaced or superseded. . (d) A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. The board of zoning appeals shall hold an advertised public hearing on the appeal and shall consider the appeal of the alleged error by the floodplain administrator decision in light of the criteria set forth in this article. The board of zoning appeals shall adopt the floodplain administrator's decision or determination, whichever is applicable, with or without modifications or conditions, or reject his decision or determination. The board of zoning appeals shall not be authorized to modify or reject the floodplain administrator's decision or determination unless such board finds that the decision or determination is not supported by substantial competent evidence or that the decision or determination is contrary to the specific provisions of this article. (e) Any appeal that has not been acted upon within six months of the applicant filing the appeal, due to the applicant's request to not schedule the required hearing, will be determined withdrawn and cancelled. (D Any person aggrieved by the appellate decision of the Board of Zoning Appeals may appeal such decision to the Circuit Court, as provided by law. SECTION TEN: Article II, Section 62-48, Variance procedure, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following prOVISIOns: Sec. 62-48. Variance procedure, criteria and notice. (a) The Board of Zoning Appeals as established by the Board of County Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00 shall Words struck thrOl-lgh are deleted, words underlined are added. 13 88 hear and decide requests for all variances from the substantive requirements of this article, except as specifically allowed below. (b) The Floodplain Administrator is authorized to make the final determination on a request for variance from the requirements of this article solely for repair or restoration of "historic" structures as defined in this article upon a finding that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic" structure. All other variances will be heard by the Board of Zoning Appeals. (c) A request for a variance to any requirement of this article shall follow the procedure described in the Collier County Land Development Code Section 10.04.07, for Applications Subject to Type III Review. (d) The filing fee for each variance request shall be that adopted and in effect in Community Development and Environmental Services Fee Schedule, Section K- 19 at the time of filing the variance. (e) In acting upon such applications, the Board of Zoning Appeals shall consider the following criteria, including: (1) whether the failure to grant the vanance would result III an exceptional hardship to the applicant; (2) whether granting the variance would result in increased flood heights, additional threats to public safety or expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (3) whether the variance would be the minimum necessary deviation from the requirements of this article; and (4) shall also consider the following technical factors as they may be applicable: (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger of life and property due to flooding or erosion damage; (iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront location, where applicable; (vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; Words struck tHrough are deleted, words underlined are added. 14 88 (xi) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (D Variances shall not be issued without any designated floodway if any impact in flood conditions, or increase in flood levels during the base flood discharge would result; (g) Variances may only be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level and for other development necessary for the conduct of a functionally dependent use. (h) Upon consideration of the criteria and factors listed in subsection (e) above, the board of zoning appeals may deny or approve such variance and attach such conditions to the granting of variances, as it deems necessary to further the purposes of this article. (i) Any person aggrieved by the decision of the board of zoning appeals may appeal such decision to the Circuit Court, as provided by law. (j) Any applicant to whom a variance is granted shall be given written notice under the signature of the County Manager that: (i) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation, and (ii) Such construction below the base flood level increases risks to life and property. (iii) A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Clerk of Court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (k) The Floodplain Administrator shall maintain the records of all variance actions, including justification for their issuance or denial, and report such variances in the community's NFIP Biennial Report or upon request to FEMA and the State of Florida, Department of Community Affairs, NFIP Coordinating Office. SECTION ELEVEN: Article II, Section 62-50, Application procedure for permit, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-50. Application procedure for permit. Application for a Development Permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the construction plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application Stage: (a) Elevation in relation to the North American Vertical Datum (NA VD) of the proposed lowest floor (including basement) of all buildings; (b) Elevation in relation to the North American Vertical Datum (NA VD) to which any non-residential building will be flood-proofed; Words strack throagh are deleted, words underlined are added. 15 88 (c) Certification from a licensed Florida professional engineer or registered Florida architect that the non-residential flood-proofed building will meet the flood-proofing criteria in Section 62-61 through 62-64; (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (e) Elevation in relation to the North American Vertical Datum (NA VD) of the bottom of the lowest horizontal structural member of the lowest floor and provide a properly signed and sealed certification from a licensed Florida professional engineer or registered Florida architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and all of these items are in accordance with accepted standards of practice in Coastal High Hazard Areas. (f) Location and NA VD elevation of a temporary bench mark on site, that has been established by a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code, will remain until the final Certificate of Occupancy has been issued. (2) Construction Stage: Upon placement of the lowest floor, or flood-proofing by whatever construction means, or bottom of the lowest horizontal structural member it shall be the duty of the permit holder to submit, within ten (10) calendar days, to the Floodplain Administrator a certification of the NA VD elevation of the lowest floor or flood- proofed elevation, or bottom of the lowest horizontal structural member as built. professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61 G 17, Florida Administrati ve Code. When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177,472, and 455, Florida Statutes, and Chapter 61 G 17, Florida Administrative Code. Any additional work undertaken within the ten (10) calendar day period and/or prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the lowest floor and flood-proofing elevation survey data submitted for conformance. The permit holder immediately, and prior to further progressive work being permitted to proceed, shall correct deficiencies and/or violations detected by such review. Failure to submit the surveyor failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. Prior to the issuance of a Final Certificate of Occupancy, the applicant shall furnish the Floodplain Administrator with the following: (a) A signed and sealed certification by a licensed Florida professional engineer, professional land surveyor, or professional surveyor and mapper that the finished structure meets the minimum base flood elevation indicated on the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study as issued by FEMA, including any effective Letter of Final Determination; and (b) A signed and sealed certification by a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrati ve Code that the construction of all foundation walls, shear walls, posts, piers, columns, pilings, breakaway walls, equalization vents, and required floodproofing are in compliance with this ordinance. SECTION TWELVE: Article II, Section 62-61, General standards, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following proVISIOns: Sec. 62-61. General standards. Words struck through are deleted, words underlined are added. 16 88 In all areas of unincorporated Collier County, including areas of special flood hazard, all development sites including new construction and substantial improvements shall be reasonably safe from flooding, and meet the following provisions: (1) New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State of Florida requirements for resisting wind forces; (3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. See the applicable FEMA Technical Bulletin or Bulletins for guidance; (4) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. See the applicable FEMA Technical Bulletin or Bulletins for approved methods and practices. (5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components or causing damage to the components during conditions of flooding; (6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (8) On-site waste disposal systems (including septic tanks) shall be located and constructed to avoid impairment to them or contamination from them during flooding; (9) All meter enclosures for self-contained electric kilowatt hour meters serving buildings shall be located no lower than the base flood elevation, depth or flooding, or other identified flood level indicator. If complying with this regulation results in a vertical distance from finished grade to the center of the meter or meters of more than six (6) feet, the meter enclosure shall be located on the outside of an exterior wall with an unobstructed and ready access from an open exterior stairway. When it is necessary to use a stairway for access to a meter, the vertical distance from the tread of the stairway to the center of the meter shall be four (4) to six (6) feet. The meter shall be placed in a position that will not obstruct stairway traffic. On multi-unit buildings, meters and meter enclosures will be allowed within the building provided they are no lower than the base flood elevation, depth of flooding, or other identified flood level indicator, and located in meter rooms. (10) Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this article shall meet the requirements of "new construction" as contained in this article; (11) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this ordinance, shall be undertaken only if said non-conformity is not furthered, extended, or replaced; Words strlick taroligh are deleted, words underlined are added. 17 88 (12) All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the Floodplain Administrator. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include, but not be limited to the following: (a) South Florida Water Management District: in accordance with Chapter 373.036 Florida Statutes, Section (2)(a) - Flood Protection and Floodplain Management. (b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State Concern, and Chapter 553, Part IV F.S., Florida Building Code. (c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment and Disposal Systems. (d) Department of Environmental Protection, Coastal Construction Control Line: in accordance with Chapter 161.053 F.S. Coastal Construction and Excavation. (13) Standards for Subdivision Proposals and other Proposed Development (including manufactured homes): (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, (c) and water systems located and constructed to minimize or eliminate flood damage; (d) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (14) Elevation Standards (a) Elevation within A Zones may be achieved by the placement of the building on properly designed and compacted fill (ASTM D-698 or equivalent) that extends beyond the building walls before dropping below the base flood elevation and has appropriate protection from erosion and scour. The total volume of fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (b) Elevation within A Zones may be achieved by use of stemwall construction with the interior portion of the stemwall being backfilled with a properly designed and compacted fill (ASTM D-698 or equivalent). Additional fill for aesthetic or landscaping purposes may be placed outside of the stemwall with appropriate protection from erosion and scour. The total volume of stemwall and fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (c) Elevation within A Zones may be achieved by use of solid foundation perimeter walls, shear walls, posts, piers, columns, or pilings. Should Words stnlOk through are deleted, words underlined are added. 18 88 solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62-62 (3). Fill for aesthetic or landscaping purposes adjacent to the building may be placed on the property with appropriate protection from erosion and scour. The total volume of fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (d) Elevation within V Zones may be achieved by use of foundation walls, shear walls, posts, piers, columns, or pilings so that no obstruction to the passage of waves and high velocity water is created. Elevation within V Zones must be achieved in accordance with Section 62-65 of this ordinance. (15) Development utilizing a designed stormwater management system to contain the runoff and discharge through a control structure shall be designed to meet or exceed the minimum water quantity and quality established by the South Florida Water Management District. SECTION THIRTEEN: Article II, Section 62-62, Specific standards for construction within coastal high hazard areas, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-62. Specific standards for A-zones with base flood elevations and with or without regulatory flood ways. In all A-Zones where base flood elevation data has been provided (Zones AE, AI-30, and AH), as set forth in Section 62-34 the following provisions shall apply: (1) Residential Construction All new construction or substantial improvement of any residential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62-62(3). Where stem wall construction is utilized and the interior area of the stem wall is filled with compacted fill able to resist flood hydrostatic forces on the exterior of the stem wall, openings to allow automatic equalization of flood hydrostatic forces are not required. (2) Non-Residential Construction All new construction or substantial improvement of any commercial, industrial, or non-residential building (including manufactured home) shall have the lowest floor, including basement, elevated to no lower than the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62-62 (3). Where stem wall construction is utilized and the interior area of the stem wall is filled with compacted fill able to resist flood hydrostatic forces on the exterior of the stem wall, openings to allow automatic equalization of flood hydrostatic forces are not required. If sufficient information is provided to the Floodplain Administrator to clearly demonstrate the unique site limitations that pose a hardship in meeting the minimum elevation requirements, and the Floodplain Administrator agrees with this information, non-residential buildings located in A-Zones may be dry flood- Words struck through are deleted, words underlined are added. 19 88 proofed, in lieu of being elevated, provided that all areas of the building components below the base flood elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Additionally, for certain "open" non-residential buildings (e.g. car wash) where there is not a total enclosure of the building area, wet floodproofing is allowable provided that the wet floodproofing extends to no lower than the base flood elevation. A licensed Florida professional engineer or registered Florida architect shall certify that the standards of this subsection are satisfied using the FEMA Floodproofing Certificate. Such certification along with the corresponding engineering data, and the operational and maintenance plans shall be provided to the Floodplain Administrator. (3) Elevated Buildings New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must be certified by a licensed Florida professional engineer or registered Florida architect and meet the following minimum criteria: (i) Provide a minimum of two openings, both of which may not be on the same exterior wall, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above foundation adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade); and (iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they provide the required net area of the openings and permit the automatic flow of floodwaters in both directions. (b) Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles, storage, and building access and constructed of materials able to withstand submergence, without damage, for prolonged periods of time. Access to the enclosed area shall be minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator); and (c) The interior portion of such enclosed area shall not be finished or partitioned into separate rooms. Any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be located no lower than the base flood elevation unless designed to withstand fully submerged conditions for prolonged periods of time or enclosed in waterproof housings designed for fully submerged conditions at a depth equal or greater than the hydrostatic and hydrodynamic load created by flooding. (4) Manufactured Homes and Recreational Vehicles (a) All manufactured homes that are placed, or substantially improved, within Zones AI-30, AH, and AE, on sites: (i) outside of an existing manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, Words struck through are deleted, words underlined are added. 20 88 (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on and securely anchored to a permanent foundation system so that the lowest floor is no lower than the base flood elevation. The permanent foundation system must be able to withstand flotation, collapse, and lateral movement. (b) All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision within Zones AI-30, AH, and AE, that are not subject to the provisions of paragraph 4 (a) of this Section, must be elevated so that: (i) The lowest floor of the manufactured home is elevated to no lower than the base flood elevation, and (ii) The manufactured home chassis is supported by reinforced piers, or other foundation elements of at least an equivalent strength, that are no less than 36 inches in height above the grade and securely anchored to an adequate foundation system to withstand flotation, collapse, and lateral movement. (c) All recreational vehicles placed on sites within Zones AI-30. AH, and AE must either: (i) Be on the site for fewer than 180 consecutive days and, (ii) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions), with a plan for removal in case of a flooding threat, or (iii) If not able to comply with items (i) and (ii), meet all the requirements for new construction, including anchoring and elevation requirements in accordance with provisions (4) (a) and (b) of this Article. (5) Site Drainage Adequate drainage facilities around structures shall be provided on slopes to guide water away from structures. No significant stormwater drainage is permitted to flow from the subject premises onto abutting properties or into adjoining waters that are not County-approved drainage systems. (6) Watercourses with Established Base Flood Elevations, but Without Identified Regulatory Floodways Located within the areas of special flood hazard established in Section 62-34 where watercourses exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodway (Zones AE and AI-30), the following additional provisions shall also apply. (a) Until a regulatory floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within one quarter mile (1320') of the nearest limit of the watercourse within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water Words struck throl:lgh are deleted, words underlined are added. 21 88 surface elevation of the base flood more than twenty hundredths foot (0.20') at any point within the community. (b) Development activities which increase the water surface elevation of the base flood by more than twenty hundredths foot (0.20') may be allowed, provided that the developer or applicant first applies - with the community's endorsement - for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency. (7) Floodways Located within areas of special flood hazard established in Section 62-34 are areas designated as floodways. Since a floodway is vital for the passage of the major percentage of flood waters and is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and have significant erosion potential, the following additional provisions shall also apply for development within a floodway: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other developments, within the regulatory floodway unless certification (with supporting technical data) by a licensed Florida professional engineer is provided through hydraulic and hydrologic analyses performed in accordance with standard engineering practice demonstrating that the proposed encroachments would not result in anv increase in flood levels during occurrence of the base flood discharge. (b) Prohibit the placement of manufactured homes (mobile homes), except in existing manufactured home (mobile home) parks or subdivisions. A manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Section 62- 61 (2); and the elevation standards of Subsection 62-62(4); and the encroachment standards of Section 62-62(7)(a), are met. (c) Development activities, including new construction and substantial improvements, that increase the water surface elevation of the base flood may be allowed, provided that the developer or applicant first applies - with the community's endorsement - for a conditional FIRM revision, and receives the approval of FEMA. (d) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, within the regulatory floodway, the development permit shall not be issued unless certification (with supporting technical data) by a licensed Florida professional engineer is provided through hydraulic and hydrologic analyses performed in accordance with standard engineering practice demonstrating that the proposed encroachments would not increase the water surface elevation of the base flood in accordance with Section 62-62(7)(a) or Section 62-62(7)(c). (8) Structures Located Seaward of the Coastal Construction Control Line For all structures located seaward of the Coastal Construction Control Line (CCCL), the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or at least the base flood elevation established by FEMA in accordance with Section 62-34, whichever is higher. All non-elevation design requirements of Section 62-65 shall apply. SECTION FOURTEEN: Article II, Section 62-63, Regulations within the floodways, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Words struck throtlgh are deleted, words underlined are added. 22 88 ".1 Sec. 62-63. Specific standards for A-zones without base flood elevations and regulatory flood ways. Located within the areas of special flood hazard established in Section 62-34, may be A Zones for which no base flood elevation data and regulatory floodways have been provided or designated by the Federal Emergency Management Agency, and the following provisions apply: (1) Require standards of Section 62-61. (2) The Floodplain Administrator shall obtain, review, and reasonably utilize the base flood elevation and floodway data available from a Federal, State of Florida, or any other reliable and properly documented source, in order to administer the provisions of this ordinance. When such data is utilized, provisions of Section 62-62 shall apply. The Floodplain Administrator shall: (a) Obtain the NA VD elevation (in relation to the mean sea level) of the lowest floor, including the basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of all new and substantially improved structures, (b) Obtain, if the structure has been floodproofed in accordance with the requirements of Section 62-62(2), the NA VD elevation in relation to the mean sea level to which the structure has been floodproofed, and (c) Maintain a record of all such information. (3) Require the permittee to notify, in riverine situations, adjacent communities, the State of Florida, Department of Community Affairs, NFIP Coordinating Office, and the South Florida Water Management District prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. (4) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (5) Manufactured homes shall be installed using methods and practices that minimize flood damage and shall be elevated on and securely anchored to a permanent foundation system so that the lowest floor is no lower than the elevation established in Section 62-63(2). The permanent foundation system must be able to withstand flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces. (6) When the data is not available from any source as in paragraph (2) of this Subsection, the lowest floor, including basement, of the structure shall be elevated to no lower than three feet above the highest adjacent grade. (7) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data. SECTION FIFTEEN: Article II, Section 62-64, Regulations for manufactured homes and recreational vehicles, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-64. Specific standards for AO-zones. Located within the areas of special flood hazard established in Section 62-34 may be areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of one to three feet, where a clearly defined channel does not exist Words struck through are deleted, words underlined are added. 23 88 and the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures in all AO Zones shall have the lowest floor, including basement, no lower than the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than three feet above the highest adjacent grade, or equal to the flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source, whichever is higher. (2) All new construction and substantial improvements of non-residential structures in all AO Zones shall: (a) Have the lowest floor, including basement, no lower than the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, shall be elevated to no less than three feet above the highest adjacent grade, or equal to the flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source, whichever is higher, or (b) Together with attendant utility and sanitary facilities, be completely floodproofed to the elevation specified in paragraph (2)(a) of this subsection utilizing the floodproofing standards specified in Section 62-62(2). (3) Adequate drainage facilities around structures shall be provided on slopes to guide water away from structures. No significant stormwater drainage is permitted to flow from the subject premises onto abutting properties or into adjoining waters that are not County-approved drainage systems. SECTION SIXTEEN: Article II, Section 62-65, Standards for subdivision plats, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-65. Specific standards for coastal high hazard areas (V-zones). Located within areas of special flood hazard established in Section 62-34 are Coastal High Hazard Areas, designated as Zones VI-30, VE, or V (with BFE). The following provisions shall apply for all development activities: (1) Meet the Requirements of Section 62-50 and Section 62-61, Section 62-62 (except 62-62(7)), Section 62-63 and Section 62-64. (2) All new construction and substantial improvements in Zones VI-V30, VE, and V (with BFE) shall be elevated on shear walls, posts, piers, pilings or columns so that: (a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the shear walls, posts, piers, pilings or columns is elevated to no lower than the base flood elevation whether or not the structure contains a basement; and (b) The shear wall, post, pier, pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading will be those values associated with the base flood. Wind loading values will be those required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. Utility service risers shall be located and designed for protection against wind, water, waves and debris impacts anticipated with the base flood. Words stmck tJ:uoHgfi are deleted, words underlined are added. 24 88 (3) A licensed Florida professional engineer or registered Florida architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. (4) Obtain the NA VD elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding shear walls, posts, piers, pilings and columns) of all new and substantially improved structures. The Floodplain Administrator shall maintain a record of all such information. (5) All new construction and substantial improvements shall be located landward of the reach of mean high tide. (6) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than (ten)10 and no more than (twenty) 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a licensed Florida professional engineer or registered Florida architect certifies that the designs proposed meet the following conditions: (a) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading shall be those values associated with the base flood. The wind loading values shall be those required by applicable Florida or local, if more stringent than those of the State of Florida, building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage and shall not be finished, partitioned into multiple rooms, or temperature- controlled. (7) Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fill does not cause any adverse impacts to the structure on site or adjacent structures. Placement of fill that would result in an increase in the base flood elevation or cause adverse impacts by wave ramping and deflection may be permitted, provided that the permit applicant first applies for and receives a conditional FIRM revision, fulfilling the requirements for such revisions as established by FEMA. (8) All swimming pools within the Coastal High Hazard Area, as defined by this Ordinance, shall be anchored to a shear wall, post, pier, pile or column foundation to resist flotation, collaps~ and lateral movement due to the effects of wind and water loads acting simultaneously on the pool. An exception to this is for above ground pools for the private use of a one or two family dwelling that is constructed with a vinyl liner as the main component. Words struck through are deleted, words underlined are added. 25 88 (9) Prohibit man-made alteration of sand dunes and mangrove stands that would increase potential flood damage. (10) Standards for Manufactured Homes (a) No manufactured home shall be placed in the Coastal High Hazard Area except in an existing manufactured home park or existing manufactured home subdivision. (b) All manufactured homes to be placed or substantially improved on sites in the Coastal High Hazard Area: (i) In an expansion to an existing manufactured home park or subdivision, or, (ii) In an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of Section 62-65(2) though (8), (c) All manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision shall meet the requirements of Section 62-62(4) (b). (11) Recreational vehicles placed on sites within Zones VE, V1-V30, V (with base flood elevation) on the FIRM must be within an existing recreational vehicle park or recreational vehicle subdivision and either (a) Be on the site for fewer than 180 consecutive days, and (b) Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions) with a plan for removal in case of a flooding threat; or (c) Meet the requirements of Section 62-65(2) through (8). (12) For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or at least the base flood elevation, whichever is the higher. All non- elevation design requirements Section 62-655(2) through (11) shall apply. (13) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in a coastal high hazard area, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not be subject to damage and erosion by the base flood, nor increase the water surface elevation of the base flood, nor cause any adverse impacts to adjacent properties by wave ramping and deflection. SECTION SEVENTEEN: Article II, Section 62-66, Specific standards for cumulative substantial improvement, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-66. Specific standards for cumulative substantial improvement. (1) The total cost of the repair of damage of any origin sustained by a structure to restore it to its before damaged condition shall be kept on file by the Floodplain Administrator and shall be counted cumulatively for a rolling five (5) year period. This cumulative total is one factor to be used in determining whether or not a structure has reached the substantial damage threshold. (2) The total cost of the reconstruction, rehabilitation, addition, or other improvement of a structure, shall be kept on file by the Floodplain Administrator and shall be counted cumulatively for a rolling five (5) year period. This cumulative total is one factor to be used in determining whether or not a structure has reached the substantial improvement threshold. This cumulative total does not, however, Words struck through are deleted, words underlined are added. 26 88 include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. (3) The sum total of both the (five) 5-year cumulative damage and (five) 5-year cumulative improvement costs will be the cost used to determine whether or not a structure has reached the substantial damage or substantial improvement threshold for compliance with the National Flood Insurance Program (4) Any addition to a structure must be protected from damage from the base flood. SECTION EIGHTEEN: Article II, Section 62-67, Specific standards for subdivision plats, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-67. Specific standards for subdivision plats. (1) All subdivision plats shall be consistent with the need to minimize flood damage. (2) All subdivision plats shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3) All subdivision plats shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data and all areas of special flood hazard (flood zones beginning with "A" or "V") shall be shown on the Master Subdivision Plan. (5) All final plats presented for approval shall clearly indicate areas of special flood hazard, the finished elevation above NA VD of the roads, the average finished elevation above NA VD of the lots or home site, and the minimum base flood elevation above NA VD as required in this Ordinance. SECTION NINETEEN: Article II, Section 62-68, Specific standards for critical facilities, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-68. Specific standards for critical facilities. (1) Certain public and privately owned facilities are considered as critical facilities when considering the health, safety, and welfare of the citizens and residents of Collier County, Florida. Critical facilities require flood protection to a greater extent than most properties to reduce damage to these vital facilities, reduce pollution of flood waters by potentially hazardous materials, and ensure that the facilities will be operable during most flood emergencies. Critical facilities, for purposes of this article, are identified as . Fire stations . Sheriff department stations/substations . Emergency Medical Service stations . Collier County Emergency Operations Center . Emergency evacuation centers . Water treatment plants, pump stations, and wells . Wastewater treatment plants and pump stations . Electric power substations . Telephone communication centers/switching stations . Hospitals Words stmok tJ:1rol:lgh are deleted, words underlined are added. 27 88 (2) New, substantially improved, reconstructed, and substantially damaged/repaired critical facilities are required to be protected from flooding up to the 0.02 percent chance (500-year) flood event or at least one foot (1') above the base flood elevation, depth of flooding, or any other flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source. (3) New critical facilities must use elevation as the method of providing the required level of flood protection. Substantially improved, reconstructed, and substantially damaged/repaired critical facilities may use dry floodproofing as the method of providing the required level of flood protection when elevation is not a practical or fiscally sound option. SECTION TWENTY: Article II, Section 62-69, Specific standards. for stormwater management facilities inspection and maintenance, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-69. Specific standards for stormwater management facilities inspection and maintenance. (1) Periodic inspection and maintenance of stormwater facilities is essential to ensure their adequacy to function properly and provide the level of flood protection as originally designed and constructed. The training and experience of the individuals performing the inspection and maintenance is important to ensure proper recognition and understanding of problems that may be encountered. (2) The owners or responsible entities of all new stormwater management facilities (i.e. those developments with a start of construction date occurring after the effective date of this Ordinance) are responsible to perform at least an annual maintenance of the development's complete stormwater management system and have a licensed Florida professional engineer, knowledgeable with stormwater management design and regulations, perform an annual inspection and certify that the maintenance has been done. Maintenance activity will remove all large objects that could obstruct or hinder flow capacity, and remove all sediment accumulations when they have accumulated to reduce the water quality and/or quantity capacities by more than 20%. (3) The owners or responsible entities of all existing stormwater management facilities (i.e. those developments with a start of construction date occurring before the effective date of this Ordinance) are responsible to perform at least a bi-annual (every other year) maintenance of the development's complete stormwater management system and have a licensed Florida professional engineer knowledgeable with stormwater management design and regulations perform an annual inspection and certify that the maintenance has been done. Maintenance activity will remove all large objects that could obstruct or hinder flow capacity, and remove all sediment accumulations when they have accumulated to reduce the water quality and/or quantity capacities by more than 20%. . For all development south of the centerline of Golden Gate Parkway [including the extension of an imaginary alignment due east of the intersection of Golden Gate Parkway/Collier Blvd. (CR-951)], the initial maintenance and inspection certification are due October 1, 2006. . For all development north of the centerline of Golden Gate Parkway [including the extension of an imaginary alignment due east of the intersection of Golden Gate Parkway/Collier Blvd. (CR-951)], the initial maintenance and inspection certification are due October 1, 2007. (4) The certified stormwater management facility maintenance and inspection report will include, at a minimum, . a name, location and description of the development, . name of the owner or responsible entity, . any local, State of Florida, or Federal permit number (if applicable), . a drawing showing the location of the stormwater management facilities, Words struck throllgh are deleted, words underlined are added. 28 88 1 . details as necessary to identify the eXIstmg facility components, cross sections, profiles, shapes, etc. of swales, ditches, pipes, lakes, control structures, or other components of the approved facilities, . an explanation of the condition of the facilities (e.g. observed sediment accumulations, rusting pipes, cracked concrete, etc.), . an explanation of the specific efforts undertaken to perform the inspection, and . the engineer's signed and sealed certification in accordance with Chapter 471, Florida Statutes and Chapter 61G-15, Florida Administrative Code. . If no physical changes have been made to the development's stormwater management facilities since the last certified maintenance and inspection report, clearly understood references to the location and physical descriptions of the applicable facilities can be made by the engineer in subsequent certified reports up to a maximum of 10 years. (5) The certified stormwater management facility maintenance and inspection report will be submitted to the Floodplain Administrator in a format acceptable to him. SECTION TWENTY-ONE: Article II, Section 62-70, Specific standards for flood hazard disclosure, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-70. Specific standards for flood hazard disclosure. Current federal law (The National Flood Insurance Act of 1968, as amended) requires that a federallender advise a purchaser if a property is located in an area of special flood hazard and ensure that adequate flood insurance is available for the life of the loan before closing on the loan. This could be well after the buyer has put down earnest money, has lost interest in other properties, and/or has become committed to purchasing the property without knowing all the facts. To better inform and protect the seller, agent, and purchaser, the following flood hazard disclosure requirements have been developed for all real estate transactions. (1) All real estate agents must notify those interested in purchasing properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V") about the flood hazard and the flood insurance purchase requirement. The notice must clearly state whether the property is in the floodplain and, if so, that flood insurance purchase requirements are applicable. The flood hazard disclosure document must be provided to the potential purchaser with the initial face to face contact, showing, or mailing of information (including electronic mail and facsimile transmissions) but is not required when the only contact is a telephone call with no follow-up communication. (2) All individual sellers of real estate (when a real estate agent is not involved) must notify those interested in purchasing properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V") about the flood hazard and the flood insurance purchase requirement. The notice must clearly state whether the property is in the floodplain and, if so, that flood insurance requirements are applicable. The flood hazard disclosure document must be provided to the potential purchaser prior to the initiation of the preparation of a sales/purchase contract document. (3) All real estate agents and individual sellers of real estate (when a real estate agent is not involved) must advise potential purchasers in writing whether "to the best of their knowledge and belief' the property has ever been flooded. This written notification must occur at the same time as the notification of the flood hazard and flood insurance purchase requirement. (4) All landlords must notify those interested in renting properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V") about the flood hazard, whether they have purchased flood insurance on the Words GtnlCk tRrOl:lgh are deleted, words underlined are added. 29 88 building and contents, and the ability of the renter to individually purchase flood insurance on building contents. The notice must clearly state whether the property is in the floodplain. The flood hazard disclosure document must be provided to the potential renter prior to the initiation of the preparation of a rental contract document. Additionally, the landlord is required to advise the potential renter in writing whether "to the best of their knowledge and belief' the property has ever been flooded. (5) All property boundary and individual lot surveys are required to show the flood hazard area if the property is located within an area of special flood hazard (flood zones beginning with the letter "A" or "V") and include the base flood elevation, if applicable. SECTION TWENTY-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 court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY-THREE: Liberal Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION TWENTY-FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the words "code" or "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY-FIVE: Effective Date This ordinance shall become effective upon filing with the Florida Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ~Cl~ ~fr~ JEN ER A. BELP 0 Assistant County Attor y Words strock tarol:lg1l are deleted, words underlined are added. 30 MrJ-l. ;::R€cBOI1Jeb 88 ORDINANCE 2005-_ AN ORDINANCE REPEALING, REPLACING AND ADDING CERTAIN PROVISIONS IN THE CODE OF LA WS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PERTAINING TO DEFINITIONS, SEC. 62-27; PERTAINING TO ENFORCEMENT PENALTIES, SEe. 62-28; PERT AINING TO PURPOSE, SEC. 62-29; PERTAINING TO FINDINGS OF FACT AND OBJECTIVES, SEC. 62-31; PERTAINING TO APPLICABILITY, SEC. 62-32; PERTAINING TO A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SEC. 62-34; PERTAINING TO A WARNING AND DISCLAIMER OF LIABILITY, SEC. 62-36; DESIGNA TION OF FLOODPLAIN ADMINISTRATOR, SEC. 62-46; PERTAINING TO AN APPEALS PROCEDURE, SEC. 62-47; PERT AINING TO A VARIANCE PROCEDURE, CRITERIA, AND NOTICE, SEC. 62-48; PERTAINING TO APPLICATION PROCEDURE FOR PERMIT, SEC. 62-50; PERTAINING TO GENERAL STANDARDS, SEC. 62-61; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES WITH BASE FLOOD ELEVATIONS AND WITH OR WITHOUT REGULA TORY FLOODW A YS, SEC. 62- 62; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULA TORY FLOODW A YS, SEe. 62-63; PERTAINING TO SPECIFIC STANDARDS FOR AO- ZONES, SEe. 62-64; PERTAINING TO SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V-ZONES), SEC. 62-65; ADDING SEC. 62-66, PERTAINING TO SPECIFIC STANDARDS FOR CUMULA TIVE SUBSTANTIAL IMPROVEMENT; ADDING SEC. 62-67, PERTAINING TO SPECIFIC ST ANDARDS FOR SUBDIVISION PLATS; ADDING SEC. 62-68, PERTAINING TO SPECIFIC STANDARDS FOR CRITICAL FACILITIES; ADDING SEC. 62-69, PERTAINING TO SPECIFIC ST ANDARDS FOR STORMW A TER MANAGEMENT FACILITIES INSPECTION AND MAINTENANCE; ADDING SEC. 62-70, PROVIDING FOR SPECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE; PROVIDING FOR CONFLICT AND SEVERABILITY, LIBERAL CONSTRUCTION, INCLUSION IN THE CODE OF LA WS AND ORDINANCES AND AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, Chapter 125, Florida Statutes, established the right and power of counties to provide for the health, welfare and safety of existing and future residents by enacting and enforcing regulations necessary for the protection of the public including flood damage prevention ordinances; and WHEREAS, Chapter 163, Part II, (Local Government Comprehensive Planning and Land Development Regulations Act), Florida Statutes, provides that counties shall have the power and responsibility to plan comprehensively for their future development and growth including the adoption and implementation of appropriate land development regulations which are necessary or desirable to implement a comprehensive plan, Words stn:lek thro1:lgh are deleted, words underlined are added. 1 88 including the regulations of areas subject to seasonal and periodic flooding as provided in Section 153.3202(2)(d), Florida Statutes; and WHEREAS, Collier County is a participant in the Community Rating System program of the National Flood Insurance Program (NFIP) which is administered by the Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland Security; and WHEREAS, Collier County, Florida had previously adopted a Flood Ordinance (Ordinance 86-28, as subsequently amended by Ordinance 87-80 and Ordinance 90-31) that required extensive amending to comply with changes in the National Flood Insurance Program and meet certain criteria in the Community Rating System program; and WHEREAS, FEMA has issued a Letter of Final Determination dated May 17, 2005 wherein Collier County, Florida was notified of FEMA' s intention to produce revised Flood Insurance Rate Map (FIRM) panels with an effective date of November 17, 2005; and WHEREAS, some of the revised Flood Insurance Rate Map (FIRM) panels to be issued by FEMA contain areas identified as Flood Zone A which became effective on May 17, 2005, the date of the issuance of the Letter of Final Determination; and WHEREAS, Collier County, Florida, as a participant in the National Flood Insurance Program, is required to adopt the latest FIRM revisions established by FEMA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 62-27, Definitions, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-27. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Accessory structure (Appurtenant structure) means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. This does not include a guest house which is defined in the Collier County Land Development Code as an accessory dwelling structure. Act means the National Flood Insurance Act of 1968 and any amendments to it. Anchored means adequately secured to prevent flotation, collapse, or lateral movement by floodwaters. Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Words stmek tl:J.rough are deleted, words underlined are added. 2 88 Area of special flood hazard is the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This term is synonymous with the phrase "special flood hazard area." A Zones means any type of Special Flood Hazard Area flood zone designation that begins with the letter "A". It is not intended to refer to only the specific designation of Zone A which does not have an established base flood elevation. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "lOO-year flood" and the "regulatory flood"). Base flood is the term used throughout this ordinance. Base Flood Depth means the depth shown on the Flood Insurance Rate Map (FIRM) for Zone AO that indicates the depth of water above highest adjacent grade resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year. Base Flood Elevation (BFE) means the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, AI-A30, AR, ARIA, ARlAE, ARlAI-A30, ARlAH, ARlAO, VI-V30, and VE that indicates the water surface elevation resulting from a flood that has a 1 percent chance of equaling or exceeding that elevation in any given year. Basement means any area of a building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building - see Structure. Chief Administrative Official means the County Manager. Coastal floodplain means the floodplain area identified by an analysis of the base flood from coastal surge. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone VI - V30, VE, or V. Community means all area within the boundaries of Collier County, Florida, including the incorporated municipalities. Community Rating System (CRS) means a program developed by FEMA to provide incentives for those communities in the Regular Program of the National Flood Insurance Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. County means unincorporated Collier County, Florida. Datum A reference surface used to ensure that all elevation records are properly related. Many communities have their own datum that was developed before there was a national standard. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NA VD) of 1988. The new FIRMs being prepared by FEMA with a FEMA effecti ve date of November 17, 2005 are based upon the N A VD of 1988. Development means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of materials or equipment. Words stn:lck through are deleted, words underlined are added. 3 88 Development permit means any County permit that must be approved by the County prior to proceeding with any "Development". Elevated building means a structure that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, columns, or pilings. Elevation means the measured vertical distance of a location in relation to an official, established datum. Elevation datum may be the National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum of 1988 (NA VD), whichever is specified on the effective FIRM at the time of measurement. Enclosure means that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls. Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing Construction means, for the purposes of floodplain management, structures for which the "start of construction" commenced before September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86-28). "Start of Construction" means the date of approval of the structure's building permit, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date as more fully defined below. This term may also be referred to as "existing structures". Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before September 14, 1979 (the effective date of the first FIRM for Collier County and as previously stated in Ordinance 90-31). Expansion to an existing manufactured home park or subdivision means the preparation of additional sites at an existing manufactured home park or subdivision by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means the federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created U.S. Department of Homeland Security. Flood or flooding means: (1) A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the affected policy holder's property) from: (a) The overflow of inland or tidal waters. (b) The unusual and rapid accumulation or runoff of surface waters from any source. (c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. Words struck throagh are deleted, words underlined are added. 4 86 (2) The collapse or subsidence of land along a shore of a lake or similar body of water as the result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1) (a) of this definition. Flood Insurance Rate Map (FIRM) means an official map, or map series, of the community, issued by FEMA, which delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study (FIS) is the official hydraulic & hydrologic report provided by FEMA. The study contains an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and other flood-related erosion hazards. The study may also contain flood profiles, as well as the FIRM, FHBM (where applicable), and other related data and information. Floodplain means any land area susceptible to being inundated by flood waters from any source (see definition of "flooding"). Collier County, Florida, being a coastal community, has areas of floodplain from coastal surge flooding and areas of floodplain from interior basin riverine rising water flooding. Floodplain Administrator means the person, including subordinate staffing, designated by the County Manager to be responsible for the administration, implementation and enforcement of the floodplain management regulations of the County. Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power which control development in flood-prone areas. This term describes Federal, State of Florida, or local regulations in any combination thereof, which provide standards for preventing and/or reducing flood loss and damage. Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, or structures and their contents. Dry floodproofing utilizes construction materials and techniques able to withstand the hydrostatic and hydrodynamic loads and buoyancy forces and keep floodwaters from entering the building up to the required floodproofing elevation. Wet floodproofing utilizes construction materials and techniques able to withstand prolonged submergence without damage and readily allow floodwaters to enter the building up to the required floodproofing elevation. Floodway means the channel of a river, canal or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than twenty hundredths of a foot (0.20'). Floodway fringe means that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted without additional hydraulic and/or hydrologic analysis. Freeboard means the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, bridge openings and Words strl:lck throl:lgh are deleted, words underlined are added. 5 88 hydrological effect of urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected frequency flood and floodway conditions. Functionally dependent use means a use that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. Hardship as related to variances from this ordinance means the exceptional hardship associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure. Historic Structure means any structure that is: (I) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic or a district preliminarily determined by the Secretary to qualify as a registered historic district: (3) Individually listed on the Florida inventory of historic places, which has been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a) By the approved Florida program as determined by the Secretary of the Interior, or (b) Directly by the Secretary of the Interior. Letter of Map Amendment (LOMA) means an amendment to the currently effective FIRM that establishes that a property is not located in a Special Flood Hazard Area. A LOMA is issued only by FEMA. Letter of Map Revision (LOMR) means an official amendment to the currently effective FIRM. It is issued by FEMA and changes flood zones, delineations, and/or elevations. Lowest adjacent grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest Words stmck through are deleted, words underlined are added. 6 88 floor, provided that such enclosure is built so as to not render the structure in violation of the non-elevation design standards of this ordinance. Mangrove Stand means an assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above ground and which contain one or more of the following species: Black mangrove (A vicennia Nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta). Manufactured home means a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Manufactured (mobile) home" does not include recreational vehicles. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. A manufactured home park or subdivision includes the construction of facilities for servicing the lots on which the manufactured (mobile) homes are to be affixed including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of the concrete pads. Map means the Flood Insurance Rate Map (FIRM) for Collier County, Florida issued by FEMA having an effective date of June 3, 1986, as may be amended, and includes the new FIRM to be issued by FEMA with an effective date of November 17, 2005. Market value means the building value, which is the real property value excluding the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), Actual Cash Value (replacement cost depreciated for age and quality of construction of building), or adjusted tax-assessed values. Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with the North American Vertical Datum (NA VD) of 1988. The National Geodetic Vertical Datum (NGVD) of 1929 may also be used provided that a conversion to NA VD is included and clearly identified as to which elevation relates to which datum. National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference for establishing varying elevations within the floodplain in relation to mean sea level. Natural grade means the pre-construction ground elevation unaffected by previous construction techniques such as filling, landscaping, or berming. New Construction means, for floodplain management purposes, any structure for which the "start of construction" commenced on or after September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86-28). The term also includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdi vision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 14, 1979 (the effective data of the first FIRM for Collier County as previously stated in Ordinance 86-28). Words struek through are deleted, words underlined are added. 7 ~ 88 Non-Residential means small business concerns, churches, schools, farm buildings (including grain bins and silos), pool houses, clubhouses, recreational buildings, mercantile structures, agricultural and industrial structures, warehouses, hotels and motels with normal room rentals for less than six (6) months' duration. Non-Residential does not include nursing homes or any buildings used as emergency evacuation centers in accordance with the Collier County Hazard Mitigation Plan. North American Vertical Datum (NA VD) of 1988 means a vertical control used as a reference for establishing varying elevations within the floodplain in relation to mean sea level. Obstruction means any type of lower area enclosure or other construction element that will obstruct the flow of velocity water and wave action beneath the lowest horizontal structural member of the lowest floor of an elevated building during a base flood event. This requirement applies to the structures in velocity zones (Zone VI - V30, VB, or V). Program deficiency means a defect in the community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards required by the National Flood Insurance Program. Public safety and nuisance means anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Recreational vehicle means a vehicle that is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than twenty hundredths of a foot (0.20'). Remedy a deficiency or violation means to bring the regulation, procedure, structure or other development into compliance with State of Florida, Federal or local floodplain management regulations; or if this is not possible, to reduce the impacts of its noncompliance. Ways the impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Riverine floodplain means the floodplain area identified by an analysis of the base flood from rainfall. Sand dune means naturally occurring accumulations of sand In ridges or mounds landward of the beach. Shallow flooding means the same as area of shallow flooding. Special flood hazard area means the same as area of special flood hazard. Words stnlck through are deleted, words underlined are added. 8 88 Start of construction For other than new construction or substantial improvements under the Coastal Barrier Resources Act P. L. 97-348, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Storm cellar means a place below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornadoes or similar windstorm activity. Structure means: (1) for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (2) for insurance purposes, means: (a) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; (b) A manufactured home (also known as a mobile home), is a structure: built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation; or (c) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, which is regulated under the community's floodplain management and building ordinances or laws. For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (2)(c) of this definition, or a gas or liquid storage tank. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 49 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cumulative cost of which equals or exceeds 49 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. This term does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 49 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this ordinance. Violation means the failure of a structure or other development to be fully compliant with the requirements of this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Words struck through are deleted, words underlined are added. 9 88 ordinance IS presumed to be In violation until such time as that documentation IS provided. V Zones means any type of Special Flood Hazard Area flood zone designation that begins with the letter "V". V Zones are velocity zones where velocity flow and wave height of three feet (3') or greater is anticipated to occur during a base flood event. It is not intended to refer to only the specific designation of Zone V that does not have an established base flood elevation. Watercourse means a lake, river, creek, stream, canal, wash, channel or other topographic feature within, on, or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NA VD) of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. SECTION TWO: Article II, Section 62-28, Enforcement; penalties, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following proVISIOns: Sec. 62-28. Enforcement; penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this article, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or non-compliance shall be considered a separate and distinct offense. Each day of continued violation or non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Nothing in this section shall be construed to prohibit the County from prosecuting any violation of this article by means of a Code Enforcement Board or Special Master established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Subsection shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION THREE: Article II, Section 62-29, Statement of Purpose, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-29. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights and velocities; (2) Require that uses vulnerable to floods including facilities which serve such uses be protected against flood damage throughout their intended life span; Words streck through are deleted, words underlined are added. 10 88 (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. SECTION FOUR: Article II, Section 62-31, Findings of fact, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following proVISIOns: Sec. 62-31. Findings of fact and objectives. (a) The findings of fact are: (1) The flood hazard areas of Collier County, Florida are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages. (b) The objectives of this ordinance are to: (I) Protect human life, health and to eliminate or minimize property damage; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, roadways, and bridges and culverts located in floodplains; (6) Maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7) Ensure that potential homebuyers are notified that property is in a flood hazard area. SECTION FIVE: Article II, Section 62-32, Lands to which this chapter applies, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-32. Lands to which this chapter applies. This article shall apply to all areas of unincorporated Collier County, including areas of special flood hazard, within the jurisdiction of the Board of County Commissioners of Collier County, Florida. SECTION SIX: Article II, Section 62-34, Basis for establishing the areas of special flood hazard, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-34. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Study (FIS) for the unincorporated area of Collier County, Words stnlCk through are deleted, words underlined are added. 11 88 Florida, dated June 3, 1986 and subsequent amendments and/or revisions and including the forthcoming revision to be effective November 17, 2005, with the accompanying maps and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this Ordinance. The Flood Insurance Study and Flood Insurance Rate Map are on file at the Collier County Community Development and Environmental Services Division, 2800 North Horseshoe Drive, Naples, FL 34104. SECTION SEVEN: Article II, Section 62-36, Warning and disclaimer of liability, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-36. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the Board of County Commissioners of Collier County, Florida or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. SECTION EIGHT: Article II, Section 62-46, Designation of chief administrative official, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-46. Designation of floodplain administrator. (a) The County Manager or his designee(s) is appointed to administer and implement the provisions of this article and this designated person is herein referred to as the Floodplain Administrator. (b) Duties of the Administrator shall include, but are not be limited to: . Review permits to assure sites are reasonably safe from flooding; . Review all development permits to assure that the permit requirements of this ordinance have been satisfied; . Advise permittee that additional Federal, State of Florida, or local permits may be required, and if such additional permits are necessary, especially as it relates to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065, and 553, Part IV, Florida Statutes, require that copies of such permits be provided and maintained on file with the development permit; . Require the permittee to notify adjacent communities, the Department of Community Affairs, Division of Emergency Management, the South Florida Water Management District, the Federal Emergency Management Agency and other Federal and/or State of Florida agencies with statutory or regulatory authority prior to any capacity alteration or relocation of a watercourse; . Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained; . Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (Zones A, A1-A30, AE, AH, or AO) or bottom of the lowest horizontal structural member of the lowest floor (Zones V, V1-V30, or VE) of all new or substantially improved buildings, in accordance with Section 62-62 (1) and (2) and Subsection 62-65 (2), respectively; . Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved non-residential buildings have been floodproofed, in accordance with Section 62-62 (2); . Review certified plans and specifications for compliance; . Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the Floodplain Administrator shall make the necessary interpretation. Words struck tbrol:lgh are deleted, words underlined are added. 12 88 The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article; . When base flood elevation data or floodway data have not been provided in accordance with Section 62-34, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State of Florida, or any other reliable and properly documented source, in order to administer the provisions of Section 62-61 through 62-70 (and including all other sections of this article); . Coordinate all change requests to the FIS and FIRM with the requester, the State of Florida, and FEMA, and . Where Base Flood Elevation is utilized, obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements in accordance with Section 62-62 (1) and (2), respectively and make provisions for the records to be open for public inspection. SECTION NINE: Article II, Section 62-47, Appeals procedure, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following proVISIOns: Sec. 62-47. Appeals procedure. (a) The Board of Zoning Appeals as established by the Board of County Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00, shall hear and decide all appeals of determination made by the floodplain administrator when it is alleging an error by the floodplain administrator in the enforcement or administration of this article. (b) An appeal shall be filed by the Appellant with the County Manager within ten (10) business days of the alleged error by the floodplain administrator. (c) The filing fee for each appeal shall be that adopted in the Community Development and Environmental Services Fee Schedule, Section A-6 (approved 7-26-05, Resolution 05-269) as may be amended, replaced or superseded. . (d) A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. The board of zoning appeals shall hold an advertised public hearing on the appeal and shall consider the appeal of the alleged error by the floodplain administrator decision in light of the criteria set forth in this article. The board of zoning appeals shall adopt the floodplain administrator's decision or determination, whichever is applicable, with or without modifications or conditions, or reject his decision or determination. The board of zoning appeals shall not be authorized to modify or reject the floodplain administrator's decision or determination unless such board finds that the decision or determination is not supported by substantial competent evidence or that the decision or determination is contrary to the specific provisions of this article. (e) Any appeal that has not been acted upon within six months of the applicant filing the appeal, due to the applicant's request to not schedule the required hearing, will be determined withdrawn and cancelled. (0 Any person aggrieved by the appellate decision of the Board of Zoning Appeals may appeal such decision to the Circuit Court, as provided by law. SECTION TEN: Article II, Section 62-48, Variance procedure, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-48. Variance procedure, criteria and notice. (a) The Board of Zoning Appeals as established by the Board of County Commissioners of Collier County, Florida pursuant to LDC Section 8.04.00 shall Words str1:lck thro1:lgh are deleted, words underlined are added. 13 88 '~ hear and decide requests for all variances from the substantive requirements of this article, except as specifically allowed below. (b) The Floodplain Administrator is authorized to make the final determination on a request for variance from the requirements of this article solely for repair or restoration of "historic" structures as defined in this article upon a finding that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic" structure. All other variances will be heard by the Board of Zoning Appeals. (c) A request for a variance to any requirement of this article shall follow the procedure described in the Collier County Land Development Code Section 10.04.07, for Applications Subject to Type III Review. (d) The filing fee for each variance request shall be that adopted and in effect in Community Development and Environmental Services Fee Schedule, Section K- 19 at the time of filing the variance. (e) In acting upon such applications, the Board of Zoning Appeals shall consider the following criteria, including: (1) whether the failure to grant the vanance would result In an exceptional hardship to the applicant; (2) whether granting the variance would result in increased flood heights, additional threats to public safety or expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (3) whether the variance would be the minimum necessary deviation from the requirements of this article; and (4) shall also consider the following technical factors as they may be applicable: (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger of life and property due to flooding or erosion damage; (iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront location, where applicable; (vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; Words struck through are deleted, words underlined are added. 14 88 (xi) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Variances shall not be issued without any designated floodway if any impact in flood conditions, or increase in flood levels during the base flood discharge would result; (g) Variances may only be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level and for other development necessary for the conduct of a functionally dependent use. (h) Upon consideration of the criteria and factors listed in subsection (e) above, the board of zoning appeals may deny or approve such variance and attach such conditions to the granting of variances, as it deems necessary to further the purposes of this article. (i) Any person aggrieved by the decision of the board of zoning appeals may appeal such decision to the Circuit Court, as provided by law. U) Any applicant to whom a variance is granted shall be given written notice under the signature of the County Manager that: (i) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation, and (ii) Such construction below the base flood level increases risks to life and property. (iii) A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Clerk of Court and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (k) The Floodplain Administrator shall maintain the records of all variance actions, including justification for their issuance or denial, and report such variances in the community's NFIP Biennial Report or upon request to FEMA and the State of Florida, Department of Community Affairs, NFIP Coordinating Office. SECTION ELEVEN: Article II, Section 62-50, Application procedure for permit, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-50. Application procedure for permit. Application for a Development Permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the construction plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Application Stage: (a) Elevation in relation to the North American Vertical Datum (NA VD) of the proposed lowest floor (including basement) of all buildings; (b) Elevation in relation to the North American Vertical Datum (NA VD) to which any non-residential building will be flood-proofed; Words struek through are deleted, words underlined are added. 15 88 .it! (c) Certification from a licensed Florida professional engineer or registered Florida architect that the non-residential flood-proofed building will meet the flood-proofing criteria in Section 62-61 through 62-64; (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and (e) Elevation in relation to the North American Vertical Datum (NA VD) of the bottom of the lowest horizontal structural member of the lowest floor and provide a properly signed and sealed certification from a licensed Florida professional engineer or registered Florida architect indicating that they have developed and/or reviewed the structural designs, specifications and plans of the construction and all of these items are in accordance with accepted standards of practice in Coastal High Hazard Areas. (t) Location and NA VD elevation of a temporary bench mark on site, that has been established by a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code, will remain until the final Certificate of Occupancy has been issued. (2) Construction Stage: Upon placement of the lowest floor, or flood-proofing by whatever construction means, or bottom of the lowest horizontal structural member it shall be the duty of the permit holder to submit, within ten (10) calendar days, to the Floodplain Administrator a certification of the NA VD elevation of the lowest floor or flood- proofed elevation, or bottom of the lowest horizontal structural member as built. professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61 G 17, Florida Administrative Code. When flood proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61 G 17, Florida Administrative Code. Any additional work undertaken within the ten (10) calendar day period and/or prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the lowest floor and flood-proofing elevation survey data submitted for conformance. The permit holder immediately, and prior to further progressive work being permitted to proceed, shall correct deficiencies and/or violations detected by such review. Failure to submit the surveyor failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. Prior to the issuance of a Final Certificate of Occupancy, the applicant shall furnish the Floodplain Administrator with the following: (a) A signed and sealed certification by a licensed Florida professional engineer, professional land surveyor, or professional surveyor and mapper that the finished structure meets the minimum base flood elevation (plus any freeboard as may be required by this ordinance) indicated on the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study as issued by FEMA, including any effective Letter of Final Determination; and (b) A signed and sealed certification by a professional surveyor and mapper licensed to practice in the State of Florida in accordance with Chapters 177, 472, and 455, Florida Statutes, and Chapter 61G17, Florida Administrative Code that the construction of all foundation walls, shear walls, posts, piers, columns, pilings, breakaway walls, equalization vents, and required floodproofing are in compliance with this ordinance. SECTION TWELVE: Article II, Section 62-61, General standards, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following prOVISiOns: Words straok tfiro1:igb are deleted, words underlined are added. 16 88 Sec. 62-61. General standards. In all areas of unincorporated Collier County, including areas of special flood hazard, all development sites including new construction and substantial improvements shall be reasonably safe from flooding, and meet the following provisions: (1) New construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State of Florida requirements for resisting wind forces; (3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. See the applicable FEMA Technical Bulletin or Bulletins for guidance; (4) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. See the applicable FEMA Technical Bulletin or Bulletins for approved methods and practices. (5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components or causing damage to the components during conditions of flooding; (6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (8) On-site waste disposal systems (including septic tanks) shall be located and constructed to avoid impairment to them or contamination from them during flooding; (9) All meter enclosures for self-contained electric kilowatt hour meters serving buildings shall be located no lower than one foot above the base flood elevation, depth or flooding, or other identified flood level indicator. If complying with this regulation results in a vertical distance from finished grade to the center of the meter or meters of more than six (6) feet, the meter enclosure shall be located on the outside of an exterior wall with an unobstructed and ready access from an open exterior stairway. When it is necessary to use a stairway for access to a meter, the vertical distance from the tread of the stairway to the center of the meter shall be four (4) to six (6) feet. The meter shall be placed in a position that will not obstruct stairway traffic. On multi-unit buildings, meters and meter enclosures will be allowed within the building provided they are no lower than one foot above the base flood elevation, depth of flooding, or other identified flood level indicator, and located in meter rooms. (10) Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this article shall meet the requirements of "new construction" as contained in this article; (11) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this ordinance, shall be undertaken only if said non-conformity is not furthered, extended, or replaced; Words stmek throHgh are deleted, words underlined are added. 17 88 (12) All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the Floodplain Administrator. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include, but not be limited to the following: (a) South Florida Water Management District: in accordance with Chapter 373.036 Florida Statutes, Section (2)(a) - Flood Protection and Floodplain Management. (b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State Concern, and Chapter 553, Part IV F.S., Florida Building Code. (c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment and Disposal Systems. (d) Department of Environmental Protection, Coastal Construction Control Line: in accordance with Chapter 161.053 F.S. Coastal Construction and Excavation. (13) Standards for Subdivision Proposals and other Proposed Development (including manufactured homes): (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, (c) and water systems located and constructed to minimize or eliminate flood damage; (d) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (14) Elevation Standards (a) Elevation within A Zones may be achieved by the placement of the building on properly designed and compacted fill (ASTM D-698 or equivalent) that extends beyond the building walls before dropping below the base flood elevation and has appropriate protection from erosion and scour. The total volume of fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (b) Elevation within A Zones may be achieved by use of stemwall construction with the interior portion of the stem wall being backfilled with a properly designed and compacted fill (ASTM D-698 or equivalent). Additional fill for aesthetic or landscaping purposes may be placed outside of the stemwall with appropriate protection from erosion and scour. The total volume of stemwall and fill placement within the riverine floodplain must be compensated by the establishment of an equi valent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (c) Elevation within A Zones may be achieved by use of solid foundation perimeter walls, shear walls, posts, piers, columns, or pilings. Should Words stmek throl:lgh are deleted, words underlined are added. 18 88 solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62-62 (3). Fill for aesthetic or landscaping purposes adjacent to the building may be placed on the property with appropriate protection from erosion and scour. The total volume of fill placement within the riverine floodplain must be compensated by the establishment of an equivalent amount of available floodwater storage (between the wet season water table and the base flood elevation) within the same riverine floodplain drainage basin and within reasonable proximity as determined by the Floodplain Administrator. (d) Elevation within V Zones may be achieved by use of foundation walls, shear walls, posts, piers, columns, or pilings so that no obstruction to the passage of waves and high velocity water is created. Elevation within V Zones must be achieved in accordance with Section 62-65 of this ordinance. (15) A minimum of one foot (1') of freeboard is required for the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work. The freeboard requirement is generally included in subsequent subsections of this ordinance, but is an overall requirement whether or not specifically mentioned elsewhere. Freeboard is added to the base flood elevation, identified flooding depth, estimated flood elevation (for Zone A), and South Florida Water Management District 100-year/zero discharge elevation, whichever is applicable. (16) Development utilizing a designed stormwater management system to contain the runoff and discharge through a control structure shall be designed to meet or exceed the minimum water quantity and quality established by the South Florida Water Management District. SECTION THIRTEEN: Article II, Section 62-62, Specific standards for construction within coastal high hazard areas, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-62. Specific standards for A-zones with base flood elevations and with or without regulatory flood ways. In all A-Zones where base flood elevation data has been provided (Zones AE, Al-30, and AH), as set forth in Section 62-34 the following provisions shall apply: (1) Residential Construction All new construction or substantial improvement of any residential building (including manufactured home) shall have the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, elevated to no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62-62(3). Where stem wall construction is utilized and the interior area of the stem wall is filled with compacted fill able to resist flood hydrostatic forces on the exterior of the stem wall, openings to allow automatic equalization of flood hydrostatic forces are not required. (2) Non-Residential Construction All new construction or substantial improvement of any commercial, industrial, or non-residential building (including manufactured home) shall have the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, elevated Words strook tt-lro\lgt-l are deleted, words underlined are added. 19 88 :d to no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of flood hydrostatic forces on both sides of the exterior walls shall be provided in accordance with standards of Section 62-62 (3). Where stem wall construction is utilized and the interior area of the stem wall is filled with compacted fill able to resist flood hydrostatic forces on the exterior of the stem wall, openings to allow automatic equalization of flood hydrostatic forces are not required. If sufficient information is provided to the Floodplain Administrator to clearly demonstrate the unique site limitations that pose a hardship in meeting the minimum elevation requirements, and the Floodplain Administrator agrees with this information, non-residential buildings located in A-Zones may be dry flood- proofed, in lieu of being elevated, provided that all areas of the building components below the base flood elevation plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Additionally, for certain "open" non-residential buildings (e.g. car wash) where there is not a total enclosure of the building area, wet floodproofing is allowable provided that the wet floodproofing extends to no lower than one foot above the base flood elevation. A licensed Florida professional engineer or registered Florida architect shall certify that the standards of this subsection are satisfied using the FEMA Floodproofing Certificate. Such certification along with the corresponding engineering data, and the operational and maintenance plans shall be provided to the Floodplain Administrator. (3) Elevated Buildings New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must be certified by a licensed Florida professional engineer or registered Florida architect and meet the following minimum criteria: (i) Provide a minimum of two openings, both of which may not be on the same exterior wall, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above foundation adjacent interior grade (which must be equal to or higher in elevation than the adjacent exterior grade); and (iii) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they provide the required net area of the openings and permit the automatic flow of floodwaters in both directions. (b) Fully enclosed areas below the lowest floor shall solely be used for parking of vehicles, storage, and building access and constructed of materials able to withstand submergence, without damage, for prolonged periods of time. Access to the enclosed area shall be minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator); and Words struck through are deleted, words underlined are added. 20 88 (c) The interior portion of such enclosed area shall not be finished or partitioned into separate rooms. Any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be located no lower than one foot above the base flood elevation unless designed to withstand fully submerged conditions for prolonged periods of time or enclosed in waterproof housings designed for fully submerged conditions at a depth equal or greater than the hydrostatic and hydrodynamic load created by flooding. (4) Manufactured Homes and Recreational Vehicles (a) All manufactured homes that are placed, or substantially improved, within Zones Al-30, AH, and AE, on sites: (i) outside of an existing manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on and securely anchored to a permanent foundation system so that the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, are no lower than one foot above the base flood elevation. The permanent foundation system must be able to withstand flotation, collapse, and lateral movement. (b) All manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision within Zones Al-30, AH, and AE, that are not subject to the provisions of paragraph 4 (a) of this Section, must be elevated so that: (i) The lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of the manufactured home is elevated to no lower than one foot above the base flood elevation, and (ii) The manufactured home chassis is supported by reinforced piers, or other foundation elements of at least an equivalent strength, that are no less than 36 inches in height above the grade and securely anchored to an adequate foundation system to withstand flotation, collapse, and lateral movement. (c) All recreational vehicles placed on sites within Zones Al-30. AH, and AE must either: (i) Be on the site for fewer than 180 consecutive days and, (ii) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions), with a plan for removal in case of a flooding threat, or (iii) If not able to comply with items (i) and (ii), meet all the requirements for new construction, including anchoring and elevation requirements in accordance with provisions (4) (a) and (b) of this Article. (5) Site Drainage Adequate drainage facilities around structures shall be provided on slopes to guide water away from structures. No significant stormwater drainage IS Words struck through are deleted, words underlined are added. 21 88 permitted to flow from the subject premises onto abutting properties or into adjoining waters that are not County-approved drainage systems. (6) Watercourses with Established Base Flood Elevations, but Without Identified Regulatory Floodways Located within the areas of special flood hazard established in Section 62-34 where watercourses exist for which base flood elevation data has been provided by the Federal Emergency Management Agency without the delineation of the regulatory floodway (Zones AE and Al-30), the following additional provisions shall also apply. (a) Until a regulatory floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within one quarter mile (1320') of the nearest limit of the watercourse within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than twenty hundredths foot (0.20') at any point within the community. (b) Development activities which increase the water surface elevation of the base flood by more than twenty hundredths foot (0.20') may be allowed, provided that the developer or applicant first applies - with the community's endorsement - for a conditional FIRM revision, and receives the approval of the Federal Emergency Management Agency. (7) Floodways Located within areas of special flood hazard established in Section 62-34 are areas designated as floodways. Since a floodway is vital for the passage of the major percentage of flood waters and is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and have significant erosion potential, the following additional provisions shall also apply for development within a floodway: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other developments, within the regulatory floodway unless certification (with supporting technical data) by a licensed Florida professional engineer is provided through hydraulic and hydrologic analyses performed in accordance with standard engineering practice demonstrating that the proposed encroachments would not result in any increase in flood levels during occurrence of the base flood discharge. (b) Prohibit the placement of manufactured homes (mobile homes), except in existing manufactured home (mobile home) parks or subdivisions. A manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Section 62- 61 (2); and the elevation standards of Section 6, Subsection 62-62(4); and the encroachment standards of Section 62-62(7)(a), are met. (c) Development activities, including new construction and substantial improvements, that increase the water surface elevation of the base flood may be allowed, provided that the developer or applicant first applies - with the community's endorsement - for a conditional FIRM revision, and receives the approval of FEMA. (d) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, within the regulatory floodway, the development permit shall not be issued unless certification (with supporting technical data) by a licensed Florida professional engineer is provided through hydraulic and hydrologic analyses performed in accordance with standard Words stfl:lek through are deleted, words underlined are added. 22 88 engineering practice demonstrating that the proposed encroachments would not increase the water surface elevation of the base flood in accordance with Section 62-62(7)(a) or Section 62-62(7)(c). (8) Structures Located Seaward of the Coastal Construction Control Line For all structures located seaward of the Coastal Construction Control Line (CCCL), the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or at least one (1) foot above the base flood elevation established by FEMA in accordance with Section 62-34, whichever is higher. All non-elevation design requirements of Section 62-65 shall apply. SECTION FOURTEEN: Article II, Section 62-63, Regulations within the floodways, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-63. Specific standards for A-zones without base flood elevations and regulatory flood ways. Located within the areas of special flood hazard established in Section 62-34, may be A Zones for which no base flood elevation data and regulatory floodways have been provided or designated by the Federal Emergency Management Agency, and the following provisions apply: (1) Require standards of Section 62-61. (2) The Floodplain Administrator shall obtain, review, and reasonably utilize the base flood elevation and floodway data available from a Federal, State of Florida, or any other reliable and properly documented source, in order to administer the provisions of this ordinance. When such data is utilized, provisions of Section 62-62 shall apply. The Floodplain Administrator shall: (a) Obtain the NA VD elevation (in relation to the mean sea level) of the lowest floor, including the basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of all new and substantially improved structures, (b) Obtain, if the structure has been floodproofed in accordance with the requirements of Section 62-62(2), the NA VD elevation in relation to the mean sea level to which the structure has been floodproofed, and (c) Maintain a record of all such information. (3) Require the permittee to notify, in riverine situations, adjacent communities, the State of Florida, Department of Community Affairs, NFIP Coordinating Office, and the South Florida Water Management District prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. (4) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (5) Manufactured homes shall be installed using methods and practices that minimize flood damage and shall be elevated on and securely anchored to a permanent foundation system so that the lowest floor, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, are no lower than one foot above the elevation established in Section 62- 63(2). The permanent foundation system must be able to withstand flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement Words stmek tRrOl:lgh are deleted, words underlined are added. 23 88 ;~ is in addition to applicable State of Florida and local anchoring requirements for resisting wind forces. (6) When the data is not available from any source as in paragraph (2) of this Subsection, the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, of the structure shall be elevated to no lower than three feet above the highest adjacent grade. (7) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data. SECTION FIFTEEN: Article II, Section 62-64, Regulations for manufactured homes and recreational vehicles, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-64. Specific standards for AO-zones. Located within the areas of special flood hazard established in Section 62-34 may be areas designated as shallow flooding areas. These areas have flood hazards associated with base flood depths of one to three feet, where a clearly defined channel does not exist and the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures in all AO Zones shall have the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, no lower than one foot above the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be elevated to no less than three feet above the highest adjacent grade, or one foot above the flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source, whichever is higher. (2) All new construction and substantial improvements of non-residential structures in all AO Zones shall: (a) Have the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, no lower than one foot above the depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be elevated to no less than three feet above the highest adjacent grade, or one foot above the flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source, whichever is higher, or (b) Together with attendant utility and sanitary facilities, electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, be completely floodproofed to the elevation specified in paragraph (2)(a) of this subsection utilizing the floodproofing standards specified in Section 62-62(2). (3) Adequate drainage facilities around structures shall be provided on slopes to guide water away from structures. No significant stormwater drainage IS Words stnwk tJ:irol:lgh are deleted, words underlined are added. 24 88 j .' .~ ,~ permitted to flow from the subject premises onto abutting properties or into adjoining waters that are not County-approved drainage systems. SECTION SIXTEEN: Article II, Section 62-65, Standards for subdivision plats, of the Code of Laws and Ordinances of Collier County, Florida is repealed and replaced with the following provisions: Sec. 62-65. Specific standards for coastal high hazard areas (V-zones). Located within areas of special flood hazard established in Section 62-34 are Coastal High Hazard Areas, designated as Zones VI-30, VE, or V (with BFE). The following provisions shall apply for all development activities: (1) Meet the Requirements of Section 62-50 and Section 62-61, Section 62-62 (except 62-62(7)), Section 62-63 and Section 62-64. (2) All new construction and substantial improvements in Zones Vl- V30, VE, and V (with BFE) shall be elevated on shear walls, posts, piers, pilings or columns so that: (a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the shear walls, posts, piers, pilings or columns) electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work is elevated to no lower than one foot above the base flood elevation whether or not the structure contains a basement; and (b) The shear wall, post, pier, pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading will be those values associated with one foot above the base flood. Wind loading values will be those required by applicable State of Florida or local, if more stringent than those of the State of Florida, building standards. Utility service risers shall be located and designed for protection against wind, water, waves and debris impacts anticipated with the base flood. (3) A licensed Florida professional engineer or registered Florida architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this Section. (4) Obtain the NA VD elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding shear walls, posts, piers, pilings and columns) of all new and substantially improved structures. The Floodplain Administrator shall maintain a record of all such information. (5) All new construction and substantial improvements shall be located landward of the reach of mean high tide. (6) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than (ten)lO and no more than (twenty) 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a licensed Florida professional Words struek through are deleted, words underlined are added. 25 88 ,.,~;,3 engineer or registered Florida architect certifies that the designs proposed meet the following conditions: (a) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading shall be those values associated with one foot above the base flood. The wind loading values shall be those required by applicable Florida or local, if more stringent than those of the State of Florida, building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage and shall not be finished, partitioned into multiple rooms, or temperature- controlled. (7) Prohibit the use of fill for structural support. No development permit shall be issued for development involving fill in coastal high hazard areas unless it has been demonstrated through appropriate engineering analyses that the subject fill does not cause any adverse impacts to the structure on site or adjacent structures. Placement of fill that would result in an increase in the base flood elevation or cause adverse impacts by wave ramping and deflection may be permitted, provided that the permit applicant first applies for and receives a conditional FIRM revision, fulfilling the requirements for such revisions as established by FEMA. (8) All swimming pools within the Coastal High Hazard Area, as defined by this Ordinance, shall be anchored to a shear wall, post, pier, pile or column foundation to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on the pool. An exception to this is for above ground pools for the private use of a one or two family dwelling that is constructed with a vinyl liner as the main component. (9) Prohibit man-made alteration of sand dunes and mangrove stands that would increase potential flood damage. (10) Standards for Manufactured Homes (a) No manufactured home shall be placed in the Coastal High Hazard Area except in an existing manufactured home park or existing manufactured home subdi vision. (b) All manufactured homes to be placed or substantially improved on sites in the Coastal High Hazard Area: (i) In an expansion to an existing manufactured home park or subdivision, or, (ii) In an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of Section 62-65(2) though (8), (c) All manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdi vision shall meet the requirements of Section 62-62(4) (b). (11) Recreational vehicles placed on sites within Zones VE, VI-V30, V (with base flood elevation) on the FIRM must be within an existing recreational vehicle park or recreational vehicle subdivision and either (a) Be on the site for fewer than 180 consecutive days, and (b) Be fully licensed and ready for highway use (on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security Words stnwk tJ:irol:1gh are deleted, words underlined are added. 26 8 B .~~ devices, and has no permanently attached additions) with a plan for removal in case of a flooding threat; or (c) Meet the requirements of Section 62-65(2) through (8). (12) For all structures located seaward of the Coastal Construction Control Line (CCCL), the bottom of the lowest horizontal structural member of the lowest floor of all new construction and substantial improvements shall be elevated to the flood elevation established by the Florida Department of Environmental Protection or at least one foot above the base flood elevation, whichever is the higher. All non-elevation design requirements Section 62-655(2) through (11) shall apply. (13) When fill is proposed, in accordance with the permit issued by the Florida Department of Health, in a coastal high hazard area, the development permit shall be issued only upon demonstration by appropriate engineering analyses that the proposed fill will not be subject to damage and erosion by the base flood, nor increase the water surface elevation of the base flood, nor cause any adverse impacts to adjacent properties by wave ramping and deflection. SECTION SEVENTEEN: Article II, Section 62-66, Specific standards for cumulative substantial improvement, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-66. Specific standards for cumulative substantial improvement. (1) The total cost of the repair of damage of any origin sustained by a structure to restore it to its before damaged condition shall be kept on file by the Floodplain Administrator and shall be counted cumulatively for a rolling five (5) year period. This cumulative total is one factor to be used in determining whether or not a structure has reached the substantial damage threshold. (2) The total cost of the reconstruction, rehabilitation, addition, or other improvement of a structure, shall be kept on file by the Floodplain Administrator and shall be counted cumulatively for a rolling five (5) year period. This cumulative total is one factor to be used in determining whether or not a structure has reached the substantial improvement threshold. This cumulative total does not, however, include any repair or improvement of a structure to correct existing violations of State of Florida or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official prior to the application for permit for improvement, and which are the minimum necessary to assure safe living conditions. (3) The sum total of both the (five) 5-year cumulative damage and (five) 5-year cumulative improvement costs will be the cost used to determine whether or not a structure has reached the substantial damage or substantial improvement threshold for compliance with the National Flood Insurance Program (4) Any addition to a structure must be protected from damage from the base flood plus at least one foot. SECTION EIGHTEEN: Article II, Section 62-67, Specific standards for subdivision plats, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-67. Specific standards for subdivision plats. (1) All subdivision plats shall be consistent with the need to minimize flood damage. (2) All subdivision plats shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. Words struck through are deleted, words underlined are added. 27 88 ;~~'t (3) All subdivision plats shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data and all areas of special flood hazard (flood zones beginning with "A" or "V") shall be shown on the Master Subdi vision Plan. (5) All final plats presented for approval shall clearly indicate areas of special flood hazard, the finished elevation above NA VD of the roads, the average finished elevation above NA VD of the lots or home site, and the minimum base flood elevation above NA VD as required in this Ordinance. SECTION NINETEEN: Article II, Section 62-68, Specific standards for critical facilities, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-68. Specific standards for critical facilities. (1) Certain public and privately owned facilities are considered as critical facilities when considering the health, safety, and welfare of the citizens and residents of Collier County, Florida. Critical facilities require flood protection to a greater extent than most properties to reduce damage to these vital facilities, reduce pollution of flood waters by potentially hazardous materials, and ensure that the facilities will be operable during most flood emergencies. Critical facilities, for purposes of this article, are identified as . Fire stations . Sheriff department stations/substations . Emergency Medical Service stations . Collier County Emergency Operations Center . Emergency evacuation centers . Water treatment plants, pump stations, and wells . Wastewater treatment plants and pump stations . Electric power substations . Telephone communication centers/switching stations . Hospitals (2) New, substantially improved, reconstructed, and substantially damaged/repaired critical facilities are required to be protected from flooding up to the 0.02 percent chance (500-year) flood' event or at least one foot (1') above the base flood elevation, depth of flooding, or any other flood elevation data available from a Federal, State of Florida, or any other reliable and properly documented source. (3) New critical facilities must use elevation as the method of providing the required level of flood protection. Substantially improved, reconstructed, and substantially damaged/repaired critical facilities may use dry floodproofing as the method of providing the required level of flood protection when elevation is not a practical or fiscally sound option. SECTION TWENTY: Article II, Section 62-69, Specific standards for stormwater management facilities inspection and maintenance, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-69. Specific standards for stormwater management facilities inspection and maintenance. (1) Periodic inspection and maintenance of stormwater facilities is essential to ensure their adequacy to function properly and provide the level of flood protection as originally designed and constructed. The training and experience of the individuals performing the inspection and maintenance is important to ensure proper recognition and understanding of problems that may be encountered. Words strack throl;lgb are deleted, words underlined are added. 28 88 .~ (2) The owners or responsible entities of all new stormwater management facilities (i.e. those developments with a start of construction date occurring after the effective date of this Ordinance) are responsible to perform at least an annual maintenance of the development's complete stormwater management system and have a licensed Florida professional engineer, knowledgeable with stormwater management design and regulations, perform an annual inspection and certify that the maintenance has been done. Maintenance activity will remove all large objects that could obstruct or hinder flow capacity, and remove all sediment accumulations when they have accumulated to reduce the water quality and/or quantity capacities by more than 20%. (3) The owners or responsible entities of all existing stormwater management facilities (i.e. those developments with a start of construction date occurring before the effective date of this Ordinance) are responsible to perform at least a bi-annual (every other year) maintenance of the development's complete stormwater management system and have a licensed Florida professional engineer knowledgeable with stormwater management design and regulations perform an annual inspection and certify that the maintenance has been done. Maintenance activity will remove all large objects that could obstruct or hinder flow capacity, and remove all sediment accumulations when they have accumulated to reduce the water quality and/or quantity capacities by more than 20%. . For all development south of the centerline of Golden Gate Parkway [including the extension of an imaginary alignment due east of the intersection of Golden Gate Parkway/Collier Blvd. (CR-951)], the initial maintenance and inspection certification are due October 1, 2006. . For all development north of the centerline of Golden Gate Parkway [including the extension of an imaginary alignment due east of the intersection of Golden Gate Parkway/Collier Blvd. (CR-951)], the initial maintenance and inspection certification are due October 1,2007. (4) The certified stormwater management facility maintenance and inspection report will include, at a minimum, . a name, location and description of the development, . name of the owner or responsible entity, . any local, State of Florida, or Federal permit number (if applicable), . a drawing showing the location of the stormwater management facilities, . details as necessary to identify the existing facility components, cross sections, profiles, shapes, etc. of swales, ditches, pipes, lakes, control structures, or other components of the approved facilities, . an explanation of the condition of the facilities (e.g. observed sediment accumulations, rusting pipes, cracked concrete, etc.), . an explanation of the specific efforts undertaken to perform the inspection, and . the engineer's signed and sealed certification in accordance with Chapter 471, Florida Statutes and Chapter 61G-15, Florida Administrative Code. . If no physical changes have been made to the development's stormwater management facilities since the last certified maintenance and inspection report, clearly understood references to the location and physical descriptions of the applicable facilities can be made by the engineer in subsequent certified reports up to a maximum of (ten) 10 years. (5) The certified stormwater management facility maintenance and inspection report will be submitted to the Floodplain Administrator in a format acceptable to him. SECTION TWENTY-ONE: Article II, Section 62-70, Specific standards for flood hazard disclosure, of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 62-70. Specific standards for flood hazard disclosure. Current federal law (The National Flood Insurance Act of 1968, as amended) requires that a federal lender advise a purchaser if a property is located in an area of special flood Words struck through are deleted, words underlined are added. 29 88 hazard and ensure that adequate flood insurance is available for the life of the loan before closing on the loan. This could be well after the buyer has put down earnest money, has lost interest in other properties, and/or has become committed to purchasing the property without knowing all the facts. To better inform and protect the seller, agent, and purchaser, the following flood hazard disclosure requirements have been developed for all real estate transactions. (1) All real estate agents must notify those interested in purchasing properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V") about the flood hazard and the flood insurance purchase requirement. The notice must clearly state whether the property is in the floodplain and, if so, that flood insurance purchase requirements are applicable. The flood hazard disclosure document must be provided to the potential purchaser with the initial face to face contact, showing, or mailing of information (including electronic mail and facsimile transmissions) but is not required when the only contact is a telephone call with no follow-up communication. (2) All individual sellers of real estate (when a real estate agent is not involved) must notify those interested in purchasing properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V") about the flood hazard and the flood insurance purchase requirement. The notice must clearly state whether the property is in the floodplain and, if so, that flood insurance requirements are applicable. The flood hazard disclosure document must be provided to the potential purchaser prior to the initiation of the preparation of a sales/purchase contract document. (3) All real estate agents and individual sellers of real estate (when a real estate agent is not involved) must advise potential purchasers in writing whether "to the best of their knowledge and belief' the property has ever been flooded. This written notification must occur at the same time as the notification of the flood hazard and flood insurance purchase requirement. (4) All landlords must notify those interested in renting properties located in the Special Flood Hazard Area (flood zones beginning with the letter "A" or "V") about the flood hazard, whether they have purchased flood insurance on the building and contents, and the ability of the renter to individually purchase flood insurance on building contents. The notice must clearly state whether the property is in the floodplain. The flood hazard disclosure document must be provided to the potential renter prior to the initiation of the preparation of a rental contract document. Additionally, the landlord is required to advise the potential renter in writing whether "to the best of their knowledge and belief' the property has ever been flooded. (5) All property boundary and individual lot surveys are required to show the flood hazard area if the property is located within an area of special flood hazard (flood zones beginning with the letter "A" or "V") and include the base flood elevation, if applicable. SECTION TWENTY-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 court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY-THREE: Liberal Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION TWENTY-FOUR: Inclusion in the Code of Laws and Ordinances. Words struck tarol:lgb are deleted, words underlined are added. 30 88 The provisions of this Ordinance shall become and be made a part 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 words "code" or "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY -FIVE: Effective Date This ordinance shall become effective upon filing with the Florida Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ~~~ JENNIFER A. BE DIO Assistant County A- rney Words stfllck thrOl:lgh are deleted, words underlined are added. 31 88 iill o. .~~~ . ..: " September 12, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amendments to Collier County Flood Ordinance Dear Legals: Please advertise the above referenced notice on Friday, September 16,2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O.lAccount # 113-138900-649100 88 >4 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, September 27, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naplesr Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE REPEALING, REPLACING AND ADDING CERTAIN PROVISIONS IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PERTAINING TO DEFINITIONS, SEC. 62-27; PERTAINING TO ENFORCEMENT PENALTIES, SEC. 62-28; PERTAINING TO PURPOSE, SEC. 62-29; PERTAINING TO FINDINGS OF FACT AND OBJECTIVES, SEC. 62-31; PERTAINING TO APPLICABILITY, SEC. 62-32; PERTAINING TO A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, SEC. 62-34; PERTAINING TO A WARNING AND DISCLAIMER OF LIABILITY, SEC. 62-36; DESIGNATION OF FLOODPLAIN ADMINISTRATOR, SEC. 62-46; PERTAINING TO AN APPEALS PROCEDURE, SEC. 62-47; PERTAINING TO A VARIANCE PROCEDURE, CRITERIA, AND NOTICE, SEC. 62-48; PERTAINING TO APPLICATION PROCEDURE FOR PERMIT, SEC. 62-50; PERTAINING TO GENERAL STANDARDS, SEC. 62-61; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES WITH BASE FLOOD ELEVATIONS AND WITH OR WITHOUT REGULATORY FLOODWAYS, SEC. 62-62; PERTAINING TO SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD ELEVATIONS AND REGULATORY FLOODWAYS, SEC. 62-63; PERTAINING TO SPECIFIC STANDARDS FOR AO-ZONES, SEC. 62-64; PERTAINING TO SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V-ZONES), SEC. 62-65; PERTAINING TO SPECIFIC STANDARDS FOR CUMULATIVE SUBSTANTIAL IMPROVEMENT; ADDING SEC. 62-66; PERTAINING TO SPECIFIC STANDARDS FOR CUMULATIVE SUBSTANTIAL IMPROVEMENT; ADDING SEC. 62-67, PERTAINING TO SPECIFIC STANDARDS FOR SUBDIVISION PLATS; ADDING SEC. 62-68, PERTAINING TO SPECIFIC STANDARDS FOR CRITICAL FACILITIES; ADDING SEC. 62-69, PERTAINING TO SPECIFIC STANDARDS FOR STORMWATER MANAGEMENT FACILITIES INSPECTION AND MAINTENANCE; ADDING SEC. 62-70, PROVIDING FOR SPECIFIC STANDARDS FOR FLOOD HAZARD DISCLOSURE; PROVIDING FOR CONFLICT AND SEVERABILITY, LIBERAL CONSTRUCTION, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on r- 88 ,~ any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Heidi R. Rockhold, Deputy Clerk ( SEAL) T-- Heidi R. Rockhold 88 " From: Sent: To: Subject: Heidi R. Rockhold Monday, September 12, 2005 2:20 PM 'Iegals@naplesnews.com' Amendment to Collier County Flood Ordinance Attachments: Amendments to Flood Ordinance.doc; AMEND Flood Ordinance.doc Legals, Please advertise the above mentioned notice on Friday, September 16, 2005. Amendments to AMEND Flood Flood Ordinance.... )rdinance.doc (33 .. If you have any questions, please call. Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold@Jclerk. collier fl. us) Heidi Rockhold Heidi R. Rockhold 88 '" From: Sent: To: Subject: ClerkPostmaster Monday, September 12, 2005 2:20 PM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT485693.txt; Amendment to Collier County Flood Ordinance ~ B ATT485693.txt Amendment to (231 B) Collier County FI... T.'/~' . . II I D I' S' 1\ r j{' . . rtlS IS all automallca y generatel. e Ivet:y .. tatus Jvot1ju:atlOn. 'Your message has been suc('e.s..~tltlly relayed to thefolloyvillg recipients, but the requested delivelJ' ,')'tatus not(fications may not be generated by the destination. legals (a)JUlpl es nel-Vs. com Heidi Rockhold 88 Heidi R. Rockhold From: To: Sent: Subject: System Administrator Ann P. Jennejohn Monday, September 12. 20052:21 PM Delivered:RE: Delivery Status Notification (Success) Your message To: Subject: Sent: Ann P. Jennejohn RE: 9/12/2005 2:21 PM was delivered to the following recipient(s): Ann P. Jennejohn on 9/12/2005 2:21 PM Heidi Rockhold '(' "'" Amendment to Collier County Flood Ordinance Heidi R. Rockhold From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, September 12, 2005 2:27 PM To: Heidi R. Rockhold Subject: RE: Amendment to Collier County Flood Ordinance OK -----Original Message----- From: Heidi R. Rockhold [mailto:HeidLRockhold@c1erk,collierJl.us] Sent: Monday, September 12, 20052:20 PM To: legals@naplesnews.com Subject: Amendment to Collier County Flood Ordinance Legals, Please advertise the above mentioned notice on Friday, September 16, 2005. <<Amendments to Flood Ordinance. doc>> <<AMEND Flood Ordinance. doc>> If you have any questions, please call. Heidi R. Rockhold, Iv/inutes and Records Department 239-774-8411 (heidi. rockhold@clerk. collieI'll. u:,~ 9/1212005 Page 1 of 1 88 ment Center. 3301 East Tamlaml Trall,L Naple51 Florida. the Doard OT County Commissioners will consider the enact. ment of a County Ordl. nance. The meetll'lll will commence at 9:00 A.M. The title of the pro. p,sed Ordinance 15 IlS fOllows: AN ORDINANCE RIPEAL. ~~%IN~EC€rtr~I~'J.R~~r. SIONS IN THE CODE OF LAWS AND ORDINANCes OF COLLIER COUNTY, FLORIDA: PERTA/NING Persons wishing to TO DEFINITIONS... SEC. 62.27; PlRTAINlftG TO have' written or gl'liphlc ENFORCEMENT PENAL. m:terlals Included In TIE!! SEC. 62-28: PER. ets =1 ;"'=tP::!<ci I:6~lrz~2!1o,tlr1f.gJ~~ ~lp~l~ ~e ~e~ I~DFI~ilr~1.v~~, FtiJ. spectlve publiC hearing, 62.31; PERTAINING TO t~r'i~n,r~ ~~~I~l~"o~ ~r:l1 t~s~l.mrted to l'NAII~H~fR~T~"~~: the llPPI'9P.;r.te county I CIAL FLOOD HAZARD. staff ,'mInimum of sev. SEC 6~ ". PERTAINING en days prior tel the . ".....: Ilubllc n..rico. All mat TO A WARNING ,~U9. DIS. terlal used n P...llnta. ik~~M1l3~~ h1fijl'IIT,l: tlons befo... the Board TAIDOMNINOI FTFRLAOTOODR.'''S''.lcN. will becOme aperma- S nentPll"tofttlereCorcL 62.46; PERTAIN/NG TO AN APPEALS PROCE. Any person who decld. DURE. SIC. 62.41: PER. es to lIDpeal a decision TAINING TO A VAIllAHCE of the BOard will need a PROCEDURE. CRITER/A. record of the proceed., AND NOTICE. SEC. 62.48; Ings pertaining tn.reto: PERTAINING TO APPLI. Ilnd therefore. may' CATION PROCEDURE need to enlure that 'I FOR PERMIT. SEC. 6HO; verbatim record of the PERTAINING TO GENER. proceedlngl I mad..i AL STANDARDS, SEC. 62. which r.cordlncludes, 61; PlRTAINING TO SPE. i the ttltlmony and evl- CIFICSTANDARDS FORI denee upon which the A.ZONES WITH BASE, ---, Is based FLOOD ElEVAnONS AND - . ! WITH OR WITHOUT REG. BOARD OF COUNTY ULATORY FLOODWAYS. COMMISSIONERS, SEC. 62.62; PERTAINING COLLIER COUNTY'I' TO SPECIFIC STAN. FLORIDA ' DARDS FOR A.ZONES FRED W. COYLE. CHAIR. WITH~UT BASE FLOOD ~CJ'1GHT E, BROCK.I ~~~R~O~t R'~f~~: CLERK SEC. 6z..&3: If<<a By: IlHeldl R, Rockhold. TO SPECIfIC TAN. Deputy Clerk DARIIS FOR AO.ZONES, AD SPACE: 189.000 INCH (SEAl.} SEC.'62-64:PERTAINtNG FILED ON: 09/16/05 Sept. 16 No. 12148661 ~~R<<~E.Fd~I~OU~:~ :~~~:~~:-~~-~~~~~::----~~---~-~------+--;;-~--------"~~ Sworn to and Subscribed before me thls day of.Q. 20CS SEC. 62.66; PEhTAINING C~ TO SPECIFIC STANDARDS Personally known by me \.....:..~~/f'-uf) ~~1ift1~Lt:J~IJ~:: ~;rirAitV:l~ ~C's~: CI STANDARDS FOR S DIVISION PLATS; T '=eSEto'i#cr1rc S RDS FORCR/TI. ~E . 62.A~.T1pY'T~al=g TO SPECIFIC STAN. Df!OS FOR STORMWA. T ... MANAGEMENT FA. CI TIU', iNSPECTION AU MAINTENANCE; ADDING SEC. 62.70. PRO. VIDING FOR SPECIFIC ST ANDAROS FOR FLOOD HAZARDDISCI,OSURE; PROVIDING FOR CON. ~iel~L S~~~I~:t}J: T~N.I INCLUSION IN THE C I: Of LAWS AND OR. 01 AN-CES AND AN EF. ? VEDATE. Naples Daily News Naples, FL 34102 BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59106187 113138900649100 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 09/16 ",,"' ~"c.. RJ'f- ~~; "'Off\.d" Notary Public State of Florida Susan D Flora My CommiSSion DD382729 Expires 01/02/2009 88 NOTICE OF INTENt TO CONSIDER ORDINANCE Notice I. h....by given that on Tuesday S.p. tember 27, 200S. In th. r 88 ORDINANCE 2005-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CERTAIN PROVISIONS IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, ADOPTED IN ORDINANCE 86-28, AS AMENDED; PERTAINING TO APPLICABILITY, SEe. 62-32; PERTAINING TO BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZZARD, SEC. 62-34; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR ADELA YED EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners seeks to protect the health, safety, and welfare of the citizens of Collier County; and WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents by enacting and enforcing regulations necessary for the protection of the public including flood damage prevention ordinances; and WHEREAS, Collier County is a partlclpant in the Community Rating System program of the National Flood Insurance Program (NFIP) which is administered by the Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland Security; and WHEREAS, Collier County, Florida had previously adopted a Flood Ordinance (Ordinance 86-28, as subsequently amended by Ordinance 87-80 and Ordinance 90-31) that now requires extensive amendments in order to comply with changes in the National Flood Insurance Program and to meet certain criteria in the Community Rating System program; and WHEREAS, FEMA has issued a Letter of Final Determination dated May 17, 2005 wherein Collier County, Florida was notified of FEMA's intention to produce revised Flood Insurance Rate Map (FIRM) panels with an effective date of November 17, 2005; and WHEREAS, the Board of County Commissioner desires to adopt the new Flood Insurance Rate Maps for floodplain management purposes with an effective date of November 1, 2005; and WHEREAS, some of the revised Flood Insurance Rate Map (FIRM) panels to be issued by FEMA contain areas identified as Flood Zone A which became effective on May 17,2005, the date of the issuance of FEMA's Letter of Final Determination; and WHEREAS, Collier County, Florida, as a participant in the National Flood Insurance Program, is required to adopt the latest FIRM revisions established by FEMA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article II, Section 62-32, Lands to which this chapter applies, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 62-32. Lands to which this chapter applies. This article shall apply to all areas of special flood hazard in the unincorporated area of the county and identified by the Federal Insurance Administration in its FIRM, dated June 3, -l-9&6 November 17, 2005, and any revisions thereto. Words struck throllgh are deleted, words underlined are added. 8B SECTION TWO: Article II, Section 62-34, Basis for establishing the areas of special flood hazard, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 62-34. Basis for establishing the areas of special flood hazard. The areas of special flood hazard as identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Collier County, Florida, Unincorporated Area," dated JUfl0 3, 1986 November 17, 2005, with accompanying flood insurance rate maps, dated June 3, 1986 November 17, 2005, are the basis for establishing the areas of special flood hazard. The flood insurance study and accompanying FIRM shall be on file and be open for public inspection in the office of the clerk to the board of county commissioners located in Building "F," Collier County Courthouse, 3301 Tamiami Trail, East, Naples, Florida 33962. SECTION THREE: 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 court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part 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 words "code" or "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: Effective Date. This Ordinance, once filed with the Department of State, Florida, shall become effective on November 1,2005. PASSED AND DUL Y ADOP1'E~oard of County Commissioners of Collier County, Florida, this i 7 day of ~ ber , 2005. v,.;" ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: "'--1 ,"UeJL W. FRED W. COYLE, Chair Approved as to form and legal sufficiency: ~~~<~ JE IFER- A. BELP 10 Assistant County Attorney Words stfl:lcl~ throl:lgh are deleted, words underlined are added. 2 r 88 STATE OF FLORIDA) COUNTY OF COLLIER) 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. 2005-51 Which was adopted by the Board of County Commissioners on the 27th day of September, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day Of October, 2005. DWIGHT E. BROCKJ".'~":>I, Clerk of cou~~~~~H~~~~~erk Ex-officio ~=::B.o.9\;~d' o!'~ .. ~o nty comjJ 'lii~~tb e.'r s ',-/r~. JJ1L >- l- :, I'''' . \';'-~" ' ,..... . ~ , . '.1,,-"; .... ~'""~ ~-..' ..~'" /~.,:....9: " "v. ", '...,~.' By: Michell~f~g~~l~~~ Deputy Cl€~a. ".. "lj.,I' __~,~,-,>._,,,,-,,,,"""""'-_'_h~"'~--"""~+'''' 8 8 · ~ COOPERATING TECHNICAL PARTNERS PARTNERSHIP AGREEMENT AGREEMENT is made on , by these parties: Collier County, the City of Naples, Florida, the South Florida Water Management District (SFWMD), and the Federal Emergency Management Agency (FEMA). WHEREAS the National Flood Insurance Program (NFIP) established by the National Flood Insurance Act of 1968 has several purposes, the most significant being · To better indemnify individuals from losses through the availability of flood insurance; · To reduce future flood damages through community floodplain management regulations; and · To reduce costs for disaster assistance and flood control; WHEREAS a critical component ofthe NFIP is the identification and mapping of the nation's floodplains to create a broad-based awareness of flood hazards and to provide the data necessary for community floodplain management programs and to actuarially rate flood insurance; WHEREAS FEMA administers the NFIP and is authorized by g 1360 of the National Flood Insurance Act of 1968, as amended (42 V.S.C. 4101), to establish and update flood-risk zone data in floodplain areas; WHEREAS, in the identification of floodprone areas, FEMA is authorized to consult with, receive information from, and enter into agreements or other arrangements with the head of any State, regional, or local agency in order to identify flood-prone areas; WHEREAS FEMA encourages strong Federal, State, regional, and local partnerships for the purposes of reducing flood losses and disaster assistance; FEMA and its State, regional, and local partners have determined that it is advantageous to encourage and formalize greater cooperation in the flood hazard identification and mapping processes; WHEREAS Collier County, the City of Naples, and the SFWMD participate in the NFIP (or share flood protection and/or floodplain management responsibilities with communities that participate in the NFIP in Collier County) and actively promote the best management practices as defined in Community Rating System (CRS), Collier County, the City of Naples, and other incorporated communities within the county have been deemed by FEMA to be in good standing in the NFIP; and WHEREAS Collier County, the City of Naples, and the SFWMD have expressed a desire to perform certain functions in the flood hazard identification process and have provided evidence that they have sufficient technical capability and will dedicate the resources necessary to perform those functions; and many communities and the agencies that serve them have B B-" developed considerable technical capabilities and resources that provide the opportunity to improve and expand the collection, development, and evaluation of flood hazard data, NOW THEREFORE, it is mutually agreed that the parties enter into this Agreement to work together to create and maintain accurate, up-to-date flood hazard data for Collier County subject to the terms and conditions recited below. 1. CONSULTATIONS The parties shall collaborate on flood hazard identification activities and shall consult with each other to fully integrate each other's contributions into flood hazard identification efforts. Questions regarding the execution of this Agreement will be resolved by an implementation committee consisting of representatives from FEMA, Collier County, the City of Naples, SFWMD, and other incorporated communities within the county, as available. If the implementation committee is unable to resolve technical issues, the issues may be resolved through alternative dispute resolution procedures. 2. EVALUATION AND REPORTING The parties shall, on an annual basis (during the month of October, 2005), review the partnership created by this Agreement to determine and document the activities undertaken to maintain accurate flood hazard data and to revise the Agreement as necessary. 3. RESOURCE COMMITMENT The parties agree to implement this Agreement by committing the appropriate and available human, technical, and financial resources sufficient to coordinate effectively with all entities impacted by flood hazard identification efforts. 4. STANDARDS Unless otherwise agreed to by the parties, all flood hazard identification activities will be accomplished in accordance with the standards documented in Guidelines and Specifications for Flood Hazard Mapping Partners, dated April 2003, and all subsequent revisions. 5. SPECIFIC INITIATIVES OR PROJECTS Specific initiatives or projects to be performed under this Agreement are to be documented in Mapping Activity Statement(s), which will be attached to this Agreement when they are signed. The parties will be obligated to perform as described in the signed Mapping Activity Statement(s). 6. TERM The respective duties, responsibilities, and commitments of the parties in this Agreement shall begin on the date this Agreement is signed by the parties and may be periodically renewed, I l , ]11 ~f h~fl :;) 1 ! ~ ,/ ':: 8 89. revised, or terminated at the option of any of the parties. The parties agree that a 60-day notice shall be given prior to the termination of this Agreement. THEREFORE, each party has caused this Agreeme~execut~~ by ,its ~~ly authorized representatives on the date mentioned above. DWI8BT I. BIdOI. (JI_If~ :}!I,~ ' .. ,.\; ("" .- '. '.7;;'~ ' -" '. . . , ' I ()f;)oM 'a/:~ jujyf : __tpi.~~Cha1"';" s ' It,....OAly. .,,.,:,':' ' UJnf,; t1 . ,>, ~ '~:. ".' r Fred W. Coyl; Chairman Board of County Commissioners Collier County, Florida B . Date (Printed) Bill Barnet, Mayor City of Naples, Florida Date (Printed) Carol Wehle, Executive Director South Florida Water Management District Date (Printed) A. Todd Davison, Director FEMA Region IV Mitigation Division B 8 ,.:;,..':..:...:. -}\~f~ I, EMA ::~:'i~ r . '. p .. COlliER COUNTY AND THE CITY OF NAPLES, FLORIDA COOPERATING TECHNICAL PARTNERS MAPPING ACTIVITY STATEMENT NO.1 Mapping Activity Statement No.1 - Digital Flood Insurance Rate Map Production and Development of Updated Flood Data In accordance with the Cooperating Technical Partners (CTP) Partnership Agreement dated November 2, 200.5 between Collier County, the City of Naples, Florida and the Federal Emergency Management ,\genc) (FEMA), Mapping Activity Statement (MAS) No.1 is as follows. SECTION 1-0BJECTIVE AND SCOPE !'he ()bjective of the Flood Map Project documented in this MAS is to update the Digital Flood Insurance R:lle \1ap (DFIRM) and Flood Insurance Study (FIS) report for Collier County and the Cities of Naples, \1 arco Island, and Everglades City based on new studies. The DFIRM and FIS report will be produced in 1 he FEMA Countywide Format referenced to the North American Vertical Datum of 1988 (NA VD 88) \\ nh equivalent National Geodetic Vertical Datum of 1929 (NGVD 29) shown in parentheses. rhe \1apping Partners (i.e., Collier County and the City of Naples, Florida) are preparing a countywide Ph:~ical Map Revision (PMR), which will be used to update the effective DFIRM based on new studies. in addition the Mapping Partners involved in this project will develop new and/or updated flood hazard d:lla. as summarized in Table 1 below. 8 8 TABLE 1 Coastal From the 55.5 miles X X X X Analysis Lee County line to the Monroe County line Cocohatchee l60.5 sq. X X River Basin mile area Golden Gate 55.4 sq. X X Main Canal mile area Basin District 6 Basin 68.4 sq. X X mile area Henderson 48.6 sq. X X Creek/Belle mile area Meade Basin Southern l64.8 sq. X X Coastal Basin mile area Golden Gate l12.6 sq. X X Estates Basin mile area Ave 651.9 sq. X X MarialRLSA mile area Basin The flooding sources listed above are also shown in Figure 1. Areas of the county not included in the study are also shown in Figure 1. Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 2 of 34 B 8 ~ FIGURE I ~ /f;/ , i ,_.' jl:, r/ i Lee County I 1- 1'\ ~~ \.. ~ '\- LI>:,:,:-"",D\ '-,' [') \1 I /-., II ! \~j ! \ Legend [==:J Boundaries of Riverine flood studies - Shoreline of Collier coastal flood study , I Ousts ide of study area County rp.va Mana) BalTon River F akahatctlee Strand! Collier County Mom oe County -~ ,- 50,000 100 )JOO ,Feet '/c,.Sion R4.05 ./i;:-cJ:Jing Activity Statement No. {MAS No.1} {Collier County Page 3 of 34 8 B '. This Flood Map Project will be completed by the following . Collier County and the City of Naples, Florida (the CTP) and their Study Contractor Tomasello Consulting Engineers, Inc. (TCE) . FEMA and their Contractor the National Service Provider (NSP), which is comprised of Michael Baker Jr., Inc, IBM, and a number of other Sub consultants. The CTP shall notify FEMA and the NSP bye-mail of all meetings with community officials at least two weeks prior to the meeting (with as much notice as possible). FEMA and/or the NSP mayor may not attend the community meetings The activities for this Flood Map Project, including required Quality Assurance/Quality Control (QAlQC) reviews, and the Mapping Partners that will complete them are summarized in the table below. The sections of this MAS that follow the table below describe the specific activities, responsible Mapping Partner(s), FEMA standards that must be met, and resultant map components. Activities CTP FEMA Activity I - Scoping NA NA Activity 2 - Outreach ./ ./ Activity 3 - Field Surveys and Reconnaissance ./ Activity 4 - Topographic Data Development ./ Activity 5 -Independent QA/QC Review of Topographic Data ./ Activity 6 -Hydrologic Analyses ./ Activity 6A -Coastal Flood Hazard Analyses ./ Activity 7-lndependent QAlQC Review of Hydrologic Analyses ./ Activity 7 A-Independent QA/QC Review of Coastal Hazard Analyses ./ Activity 8 - Hydraulic Analyses ./ Activity 9 - Independent QA/QC Review of Hydraulic Analyses ./ Activity 10 - Floodplain Mapping (Detailed Riverine or Coastal Analysis) ./ Activity lOA - Floodplain Mapping (Redelineation Using Effective Flood NA NA Profiles and Updated Topographic Data) Activity 10B - Floodplain Mapping (Refinement or Creation of Zone A) ./ Activity II - Independent QA/QC Review of Floodplain Mapping ./ (Revised Areas) Activity 12 - Base Map Acquisition ./ Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 4 of 34 8 81' Activities CTP FEMA r Activities 13, 13A,14, 14A, 148 - DFIRM Production ./ i I Activity 15 - Preliminary DFIRM and FIS Report Distribution ./ I Activity 16 - Post-Preliminary Processing ./ ./ Activity 2 - Outreach Responsible Mapping Partner: Collier County, the City of Naples, FL and FEMA Scope: The overarching goal for conducting outreach is to create a climate of understanding and ownership of the mapping process at the State and local levels. Collier County and the City of Naples. FL will work with the FEMA Regional Office during the initiation of this activity to determine an Outreach Plan for implementation throughout the Mapping Project. A listing of outreach activities planned for release of currently effective FIRMs on November 17. 2005 and proposed outreach activities associated with the PMR are provided below. Regarding implementation of November 17 maps: · Flood Protection News - newsletter inserted in utility bills (5 so far) . Brochure · Neighborhood meetings (Orange Tree, Golden Gate Estates Civic Presidents meetings) · T ownhall meeting presentations · Presentations to BCC (aired on government access) · Press releases/media coverage - coverage with NDN, Collier Citizen, ABC-7 NBC, WINK, Fox-4 Collier 2005 show · Journal articles - Your Community (Collier County journal) Pelican Bay journal · Presentations: North Naples Presidents Association Meeting, local Rotary Club, Property Owner Association Meeting (March) Collier Building Industry Assoc. Development Services Advisory Comm. and Naples Area Board of Realtors · Government Days (April) · Web site · City held 3 neighborhood meetings · County to hold at least 2 neighborhood meetings Je;sion R4,05 }:;colng Activity Statement No. {MAS No.1} {Collier County Page 5 of 34 B 8" . Joint County Commission and City of Naples workshop to be held November 2, 2005. FEMA support is expected. . County is working to produce a show to run on Collier TV government access - FEMA participation would be appreciated, however, due to recent storms participation is unclear at this time. Regarding outreach of proposed County/City maps: · Joint press releases between city and County regarding the project on a quarterly basis or as needed · County staff responsible to provide updates to County Manager and Commission as need or requested · City staff to provide quarterly updates to City Council through City Manager · Both County and City Staff will hold series of neighborhood workshops as new maps are implemented and request FEMA participation · Cooperative effort to continue to produce Flood Protection News newsletter. This newsletter is produced on a quarterly basis and is sent in utility bills and will be posted on City and County websites. · Information will be provided on City and County government access television as needed. Activity 3 - Field Surveys and Reconnaissance Responsible Mapping Partner: Collier County and the City of Naples, FL Scope: Collier County and the City of Naples, FL shall conduct a detailed field reconnaissance of the specific study area to determine conditions along the floodplain(s), types and numbers of hydraulic and/or flood-control structures, apparent maintenance or lack thereof of existing hydraulic structures, locations of cross sections to be surveyed, and other parameters needed for the hydrologic and hydraulic analyses. In addition to the initial field reconnaissance, Collier County and the City of Naples, FL shall conduct field surveys, including obtaining channel and floodplain cross sections, identifying or establishing Temporary Bench Marks (The BM should be made as permanent as possible, as it will be used for LOMCs and new construction), and obtaining the physical dimensions of hydraulic and flood-control structures. Standards: All work under Activity 3 shall be performed in accordance with the standards specified in Section 5 ofthis MAS. Deliverables: In accordance with the Technical Support Data Notebook (TSDN) format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, Collier County and the City of Naples, FL shall make the following products available to FEMA. This submittal will occur in accordance with the schedule outlined in Section 6 for this Activity. Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 6 of 34 8 B '., · A report summarizing the findings ofthe field reconnaissance; . Maps and drawings that provide the detailed survey results; and . Survey notebook containing cross sections and structural data. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/thm/fnn gsam.pdf. Activity 4 - Topographic Data Development Responsible Mapping Partner: Collier County and the City of Naples, FL Scope: Collier County and the City of Naples, FL shall obtain additional topographic data of the flooding sources studied to delineate floodplain boundaries. Collier County and the City of Naples, FL shall gather information on what topographic data is available for the given community and what accuracy and currency it meets. Collier County and the City of Naples, FL shall use this topographic data that is better than that of the original study. Standards: All work under Activity 4 shall be performed in accordance with the standards specified in Section 5 of this MAS. Oeliverables: In accordance with the TSON format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, Collier County and the City of Naples, FL shall also make the following products available to FEMA. This submittal will occur in accordance with the schedule outlined in Section 6 for this Activity. · Digital topographic maps; · Report summarizing methodology and results; · Mass points and breaklines data; · Digital work maps with contours; · Checkpoint analyses to assess the accuracy of data, including Root Mean Square Error calculations to support vertical accuracy; · Metadata compliant with Federal Geographic Data Committee standards. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/thm/fnn gsam.pdf. Activity 5 - Independent QAlQC Review of Topographic Data Responsible Mapping Partner: FEMA Scope: FEMA shall review the mapping data generated by Collier County and the City of Naples, FL under Activity 4 to ensure that these data are consistent with FEMA standards and standard engineering practice and are sufficient to prepare the DFIRM. Version R4.05 Vlaoping Activity Statement No. {MAS No.1} {Collier County Page 7 of 34 8 8 Standards: All work under Activity 5 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the following products will be submitted. This submittal will occur in accordance with the schedule outlined in Section 6 for this Activity. · A Technical Review memorandum that describes the findings of the independent QA/QC review; and · Recommendations to resolve any problems that are identified during the independent QAlQC review. · If the data changed during the QA/QC process, then the updated deliverables from Activity 4 will be resubmitted at this time. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fhm/frm gsam.pdf. Activity 6 - Hydrologic Analyses Responsible Mapping Partner: Collier County and the City of Naples, FL Scope: Collier County and the City of Naples, FL shall perform hydrologic analyses for the flooding source(s) listed earlier in this MAS. Collier County and the City of Naples, FL shall calculate peak flood discharges from the 10-, 2-, 1-, and O.2-percent-annual-chance design storm conditions using a FEMA- approved computer program. These flood discharges will be the basis for subsequent hydraulic analyses under Activity 8. In addition, Collier County and the City of Naples, FL shall address all concerns or questions regarding Activity 6 that are raised during the independent QAlQC review performed by FEMA during the QA/QC review under Activity 7. If Geographic Information System (GIS)-based modeling is used, Collier County and the City of Naples, FL shall document automated data processing and modeling algorithms and provide them to FEMA to ensure they are consistent with the standards outlined below. If non-commercial (i.e., custom-developed) software is used for the analysis, then Collier County and the City of Naples, FL shall provide full user documentation, technical algorithm documentation, and the software to FEMA for review before performing the hydrologic analyses. Standards: All work under Activity 6 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: Collier County and the City of Naples, FL shall submit the results of the hydrologic analyses for the remaining flooding sources for a final QAlQC review at the completion of each basin. In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, Collier County and the City of Naples, FL shall make the following products available to FEMA by submitting it to the FEMA Regional Office. This submittal will occur in accordance with the schedule outlined in Section 6 for this Activity. ' · Digital copies of all hydrologic modeling (input and output) files for the 10-, 2-, 1-, and 0.2- percent-annual-chance design storm conditions; Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 8 of 34 8 B · Digital Summary of Discharges Tables presenting discharge data for the flooding sources for which hydrologic analyses were performed; . Digital draft text for Section 3.1, Hydrologic Analyses, of the FIS report; and . Digital versions of all backup data used in the analysis, including work maps. · For GIS-based modeling, deliverables shall include all input and output data, intermediate data processing products, and GIS data layers. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fhm/frm gsam.pdf. Activity 6A - Coastal Flood Hazard Analyses Responsible Mapping Partner: Collier County and the City of Naples, FL Scope: Collier County and the City of Naples, FL shall perform coastal flood hazard analyses for approximately sixty-six (66) transects along fifty-five and one half (55.5) miles of shoreline, including the following coastal flooding sources: Gulf of Mexico. These analyses are to include: Stillwater Elevations (SWEL) determinations, wave setup, wave height analyses, erosion analyses, waver run-up, and Primary Frontal Dune (PFD) determinations. In addition, Collier County and the City of Naples, FL shall address all concerns or questions regarding Activity 6A that are raised by FEMA during the independent QA/QC review under Activity 7 A. Standards: All work under Activity 6A shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: Intermediate submissions (as described in Appendix D of the Guidelines and Specifications for Flood Hazard Mapping Partners) of the Coastal Analyses will be submitted to FEMA upon their completion for QA/QC. Collier County and the City of Naples, FL will submit all data to FEMA in digital and paper formats In accordance with the TSDN format described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, Collier County and the City of Naples, FL shall make the following products available to FEMA by submitting it to the FEMA Regional Office via digital or paper media This submittal will occur in accordance with the schedule outlined in Section 6 for this Activity. · Draft digital work maps showing the 1- and O.2-percent-annual chance floodplain boundaries, Base Flood Elevations (BFEs), and flood insurance risk zones; · Digital wave envelope profiles for each transect representing the l-percent-annual-chance Stillwater elevation including setup wave crest or run-up elevations, location of the heel of the PFD, and ground profile conditions including eroded dune profile; · Digital FIS report materials; · Draft work maps showing each transect located accordingly; · Digital coastal modeling (input and output files); Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 9 of 34 8 8 '~ . Digital versions of any other supporting computations; and . All backup data used in the analyses. In addition Collier County and the City of Naples, FL shall submit a coastal study technical documentation notebook with all backup data, description of methodology, and input and output files used in the analyses and mapping as discussed in Appendix 0 of Guidelines and Specifications for Flood Hazard Mapping Partners. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www . fema. gov /pdf/fum/fnn gsam. pdf. Activity 7 - Independent QAlQC Review of Hydrologic Analyses Responsible Mapping Partner: FEMA Scope: FEMA shall review the technical, scientific, and other infonnation submitted by Collier County and the City of Naples, FL under Activity 6 to ensure that the data and modeling are consistent with FEMA standards and standard engineering practice and are sufficient to prepare the DFIRM. This work shall include, at a minimum, the activities listed below. . Review the submittal for technical and regulatory adequacy, completeness of required infonnation, and supporting data and documentation. The technical review is to focus on the following: Use of acceptable models; Use of appropriate methodology( ies); Correctly applied methodology(ies)/model(s), including QC of input parameters; Comparison with gage data and/or regression equations, if appropriate; and Comparison with discharges for contiguous reaches or flooding sources. . Maintain records of all contacts, reviews, recommendations, and actions and make them readily available to FEMA. . Maintain an archive of all data submitted for hydrologic modeling review. (All supporting data must be retained for 3 years from the date funding recipient submits its final expenditure report to FEMA.) Standards: All work under Activity 7 shall be perfonned in accordance with the standards specified in Section 5 of this MAS. Deliverables: This submittal will occur in accordance with the schedule outlined in Section 6 for this Activity, in accordance with the TSDN fonnat described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners. . A Technical Review Memorandum that describes the findings of the independent QA/QC review and Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 10 of 34 8 B . Recommendations to resolve any problems that are identified during the independent QA/QC revIew. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at httn:/ /www.fema.l!ov/pdf/fum/frm gsam. pdf. Activity 7 A - Independent QAlQC Review of Coastal Hazard Analyses Responsible Mapping Partner: FEMA Scope: FEMA shall review the technical, scientific, and other information submitted by Collier County and the City of Naples, FL under Activity 6A to ensure that the data and modeling are consistent with FE\1A standards and standard engineering practice and are sufficient to prepare the DFIRM. This work is to include, at a minimum, the activities listed below. . Review the submittal for technical and regulatory adequacy, completeness of required information, and supporting data and documentation. The technical review is to focus on the following: Use of acceptable models; Use of appropriate methodology( ies); Correctly applied methodology(ies)/model(s), including QC of input parameters. Comparison with gage data, if appropriate; and Comparison with contiguous reaches or flooding sources. . Maintain records of all contacts, reviews, recommendations, and actions and make them readily available to FEMA. . Maintain an archive of all data submitted for review. (All supporting data must be retained for 3 years from the date funding recipient submits its final expenditure report to FEMA.) ')l:l11dards: All work under Activity 7 A shall be performed in accordance with the standards specified in Scction 5 of this MAS. Dc i i\'erables: This submittal will occur in accordance with the schedule outlined in Section 6 for this ,\ct i\ity, in accordance with the TSDN format described in described in Appendix M of Guidelines and \"/h'cificationsfor Flood Hazard Mapping Partners. . A Technical Review Memorandum that describes the findings of the independent QA/QC review. . Recommendations to resolve any problems that are identified during the independent QA/QC revIew. a [fthe data changed during the QA/QC process, then the updated deliverables from Activity 6A will be resubmitted at this time. }endix M may be downloaded from the FEMA Flood Hazard Mapping Web site at ';'Y \\\vw.fema.gov/pdf/fum/frm gsam.pdf. ,::'slon R4.05 :Jing Activity Statement No. {MAS No.1} {Collier County Page 11 of 34 8 8 ~ . Ii,; Activity 8 - Hydraulic Analyses Responsible Mapping Partner: Collier County and the City of Naples, FL Scope: Collier County and the City of Naples, FL shall perform hydraulic analyses for approximately one thousand two hundred sixty-two (1,262) square miles of the flooding sources listed earlier in this MAS. The modeling will include the 10-, 2-, 1-, and 0.2-percent-annual-chance events based on peak discharges computed under Activity 6. The hydraulic methods used for this analysis will include the S2DMM model developed by Tomasello Consulting Engineers, Inc. and may include HEC-RAS or some other standard backwater modeling software. Collier County and the City of Naples, FL shall use the cross-section and field data collected under Activity 3 to perform the hydraulic analyses. The hydraulic analyses will be used to establish flood elevations for the subject flooding sources. Collier County and the City of Naples, FL shall address all concerns or questions regarding Activity 8 that are raised by FEMA during the independent QAlQC review under Activity 9. Collier County and the City of Naples, FL shall document automated data processing and modeling algorithms for GIS-based modeling and provide them to FEMA for review to ensure they are consistent with the standards outlined above. Digital datasets are to be documented and provided to FEMA for approval before performing the hydraulic analyses to ensure the datasets meet minimum requirements. If non-commercial (i.e., custom-developed) software is used for the analyses, then Collier County and the City of Naples, FL shall provide full user documentation, technical algorithm documentation, and software to FEMA for review and approval before performing the hydraulic analyses Standards: All work under Activity 8 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: Upon completion of hydraulic modeling for each basin, Collier County and the City of Naples, FL will submit the analysis to FEMA for the independent QA/QC review under Activity 9. Collier County and the City of Naples, FL shall provide the numerical modeling software and submit the results of the hydraulic analyses for the remaining flooding sources for a final QA/QC review at the completion of this activity. In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners. Collier County and the City of Naples, FL shall make the following products available to FEMA by submitting them to the FEMA Regional. . Digital profiles ofthe 10-, 2-, 1- and 0.2-percent-annual-chance water-surface elevations representing existing conditions; . Digital hydraulic modeling (input and output) files; · Digital tables with range of Manning's "n" values; · Digital versions of all backup data used in the analyses; · Digital versions of draft text for inclusion in the FIS report. · For GIS-based modeling, deliverables include all input and output data, intermediate data processing products, GIS data layers, and final products Version R4.05 Mapping Activity Statement No, {MAS No.1} {Collier County Page 12 of 34 8 B "t.J Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fum/frm !!sam.pdf. Activity 9 - Independent QAlQC Review of Hydraulic Analyses Responsible Mapping Partner: FEMA Scope: FEMA shall review the technical, scientific, and other information submitted by Collier County and the City of Naples, FL under Activity 8 to ensure that the data and modeling are consistent with FEMA standards and standard engineering practice and are sufficient to revise the FIRM. This work shall include, at a minimum, the activities listed below. · Review the submittal for technical and regulatory adequacy, completeness of required information, and supporting data and documentation. The technical review is to focus on the following: Use of acceptable modele s); Starting water-surface elevations; Cross-section geometry; Manning's "n" values and expansion/contraction coefficients; Bridge and culvert modeling; Flood discharges; and Tie-in to upstream and downstream non-revised Flood Profiles where they exist. · Maintain records of all contacts, reviews, recommendations, and actions and make them readily available to FEMA. · Maintain an archive of all data submitted for hydraulic modeling review. (All supporting data must be retained for 3 years from the date funding recipient submits its final expenditure report to FEMA.) Standards: All work under Activity 9 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: This submittal will occur in accordance with the schedule outlined in Section 6 for this ,\crivity, in accordance with the TSDN format described in described in Appendix M of Guidelines and "'!)I!cifications for Flood Hazard Mapping Partners. · A Technical Review Memorandum that describes the findings of the independent QA/QC review; and · Recommendations to resolve any problems that are identified during the independent QAlQC review. · If the data changed during the QA/QC process under Activity 7 or this Activity, then the updated and verified deliverables from Activity 6 and 8 will be resubmitted at this time. iersion R4,QS ,':;;oping Activity Statement No. {MAS No, 1} {Collier County Page 13 of 34 8 B t ~ Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fum/frm gsam.pdf. Activity 10 - Floodplain Mapping (Detailed Riverine or Coastal Analysis) Responsible Mapping Partner: Collier County and the City of Naples, FL Scope: Collier County and the City of Naples, FL shall delineate the 1- and O.2-percent-annual-chance floodplain boundaries for the flooding sources for which detailed hydrologic, and/or hydraulic, and/or coastal analyses were performed. Collier County and the City of Naples, FL shall incorporate all new or revised hydrologic, hydraulic, and/or coastal modeling and shall use the topographic data acquired under Activity 4 to delineate the floodplain boundaries on a digital work map. In addition, Collier County and the City of Naples, FL shall incorporate the results of all effective Letters of Map Change (LOMCs) within the revised areas as appropriate. Also, Collier County and the City of Naples, FL shall address all concerns or questions regarding Activity 10 that are raised by FEMA during the independent QA/QC review under Activity 11. Coastal Barrier Resources System (CBRS) unit boundaries must be delineated on the FIRMs. There are specific requirements outlined in the G&S referenced below, and further guidance regarding mapping (i.e. hatching, annotation, legend notes, etc.) provided in Appendix K. When these maps go preliminary, a copy of those panels containing CBRS areas (or any part thereot) need to be submitted to the NSP for a review by the US Fish and Wildlife Service (USFWS). This review typically takes 30 days to complete, at the end of which comments will be supplied to revise/adjust/accept the boundaries on the FIRMs. FIRMs will not go effective without the USFWS review, as mandat~d by Congress. Activity 108 - Floodplain Mapping (Refinement or Creation of Zone A) Responsible Mapping Partner: Collier County and the City of Naples, FL Scope: For areas being restudied but that do not meet FEMA's standards for detailed study, Collier County and the City of Naples, FL shall delineate the I-percent-annual-chance floodplain boundaries for the flooding sources as listed earlier in this MAS. Collier County and the City of Naples, FL shall use existing topographic data or the topographic data acquired under Activity 3 to delineate the floodplain boundaries on a digital work map. In addition, Collier County and the City of Naples, FL shall address all concerns or questions regarding Activity lOB that are raised by FEMA during the independent QA/QC review under Activity 11. Standards: All work under Activity 10 and lOB shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables for Activities 10 and lOB: Upon completion of floodplain mapping for the coastal flooding zone and seven (7) inland basins, as listed in Table 1, Collier County and the City of Naples, FL shall submit the following data to FEMA, so that FEMA can perform the independent QA/QC review under Activity 11. The mapping for all remaining flooding sources is to be submitted for a final QAlQC review at the completion of this activity. In accordance with the TSDN format described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, Collier County and the City of Naples, FL shall make the following products Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 14 of 34 8 B . ~ available by submitting it to the FEMA Regional Office. This submittal will occur in accordance with the schedule outlined in Section 6 for this Activity. · Digital work map showing the Coastal High Hazard Area (VE zone) delineated along the Gulf of Mexico shorelines, transect locations, BFEs, PFD, CBRS areas, and flood insurance risk zone designation labels; · Digital work maps showing the 1- and 0.2-percent-annual-chance floodplain boundary delineations, cross sections, BFEs, flood insurance risk zone labels, and all applicable base map features; · Metadata files describing the mapping data, including all required information shown in Guidelines and Specifications for Flood Hazard Mapping Partners; · Complete set of plots of work maps showing all detailed flood hazard information at a suitable scale; · A Summary Report that describes and provides the results of all automated or manual QA/QC review steps taken during the preparation of the DFIRM; · Any backup or supplemental information used in the mapping required for the independent QA/QC review outlined under Activity 9; and · An explanation for the use of existing topography for the studied reaches, if appropriate. · Written summary of the analysis methodologies; · Any backup or supplemental information, including supporting calculations and assumptions for any computed l-percent-annual-chance water-surface elevations used in the mapping required for the independent QA/QC review under Activity 11; · Digital versions of input and output for any computer programs that were used; · NSP Format Mapping Database or Data Delivery consistent with the NSP Data Capture Standards -Appendix N of the Guidelines and Specifications for Flood Mapping Partners · If automated GIS-based models are applied, all input data, output data, intermediate data processing products, and GIS data layers shall be submitted. \ppcl1dix M may be downloaded from the FEMA Flood Hazard Mapping Web site at htr!):\\ww.fema.~ov/pdf/fum/frm gsam.pdf. Activity 11 - Independent QA/QC Review of Floodplain Mapping (Revised Areas) RC';'')()J1sible Mapping Partner: FEMA "';c,',e: FEMA shall review the floodplain mapping submitted by Collier County and the City of Naples, f ;,11(1I:r Activities 10 and lOB to ensure that the results of the analyses performed are accurately i'i:;;re~ented. This work shall include, at a minimum, the activities listed below. F or the coastal flood hazard analyses, review the wave height elevations shown on the work map to ensure they agree with those shown on transect profiles and review the location of the VE zones and compare to the PFD analysis. '/2~:cn R4.05 :/c- ~:,ng Activity Statement No, {MAS No.1} {Collier County Page 15 of 34 8 B -\} . Review the cross sections for proper location and orientation on the work map. . Review the BFEs shown on the work map for proper location and agreement with the results of the hydraulic modeling. . Review the floodplain boundaries for agreement with flood elevations of modeling results and the contour lines and other topographic information shown on the work maps. . Review the floodplain widths at cross sections as shown on the work maps. . Review the floodplain boundaries as shown on the work maps to ensure they match the Flood Profiles. . Review the flood insurance risk zones as shown on the work maps to ensure they are labeled properly. . Review the methodology of mapping floodplain based on results from the two-dimensional hydraulic model . Review the Flood Profiles to ensure they match the modeling results . Review the mapping files to ensure they were prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners. . Review the metadata files to ensure they include all required information shown in Guidelines and Specifications for Flood Hazard Mapping Partners. Standards: All work under Activity ] ] shall be performed in accordance with the standards specified in Section 5 of this MAS. Oeliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the following products will be uploaded to the MIP. This submittal will occur in accordance with the schedule outlined in Section 6 for this Activity. · A Technical Review Memorandum that describes the findings of the QAlQC review, noting any deficiencies in or agreeing with the mapping results; . Recommendations to resolve any problems that are identified during the independent QA/QC review; and . An annotated work map with all questions and/or concerns indicated, if necessary. . If the data changed during the QA/QC process, then the updated deliverables from Activity 10 and lOB will be resubmitted at this time. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fhm/frm gsam.pdf. Activity 12 - Base Map Acquisition Responsible Mapping Partner: Collier County and the City of Naples, FL Scope: Activity 10 consists of obtaining the digital raster base map for the project. Collier County and the City of Naples, FL shall provide the digital base map. The required activities are as follows: Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 16 of 34 a B ."" · Obtain digital files (raster) of the base map. · Secure necessary permissions from the map source to allow FEMA's use and distribution of hardcopy and digital map products using the digital base map, free of charge. . Certify that the digital data meets the minimum standards and specifications that FEMA requires for DFIRM production. Portions of the digital files were obtained from the U.S. Army Corps of Engineers, and no certification is available or required since this is information obtained from a government agency for which Collier County and the City of Naples, FL have no authority to require a certification. The Mapping Coordination Contractor (Dewberry) previously responsible for reviewing this work agreed to this position on not requiring a certification from a government agency's information during earlier work on this flood mapping project prior to the date ofthis MAS. Standards: All work under Activity 12 shall be performed in accordance with the standards specified in Section 5 of this MAS. Del iverables: In accordance with the TSDN format described in described in Appendix M of Guidelines alld Specificationsfor Flood Hazard Mapping Partners, Collier County and the City of Naples, FL shall make the following products available to FEMA in accordance with the schedule outlined in Section 6 for this Activity: · Written certification that the digital data (exclusive of the digital data obtained from the U.S. Army Corps of Engineers) meet the minimum standards and specifications and · Documentation that FEMA can use the digital base map Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at hnp:./\vww.fema.gov/pdf/thm/frm gsam.odf. Activities 13,13A, 14, 14A, 148 - DFIRM Production R,,-;ponsible Mapping Partner: FEMA ~: Upon completion of the floodplain mapping activities for the revised areas (Activities 10 and/or lOR) and the DFIRM production for non-revised areas (Activity 13), FEMA shall merge the digital tlolldplain data into a single, updated DFIRM. This work is to include tie-in offload hazard information t{,)r areas that were not studied as part of the Flood Map Project documented in this MAS. FEMA also ..,11:11 I tie in the revised and non-revised Flood Profiles and floodplain boundaries with contiguous -:ol11l11unities that were not studied as part of the Flood Map Project documented in this MAS. FEMA shall cllc,rdinate with those Mapping Partners responsible for Activities 10, lOB, and 13, as necessary, to resolve al1' :)otential tie-in issues. I L '. 1\ shall apply the final FEMA DFIRM graphic and database specifications to the DFIRM files pruduced through the floodplain mapping activities forthe revised areas (Activities 10 and/or lOB) and the Dr i R \1 production for non-revised areas (Activity 13). This work shall merge all 'new data, unrevised dai.l ;ij)d include adding all required annotation, line pattern, area shading, and map collar information ('.' ..:,. 'nap borders, title blocks, legends, and notes to lIser). FEMA will be preparing the database for this .::,,,,on R4,Q5 ,;,?: ~ ~,:-: 9 Activity Statement No. {MAS No.1} {Collier County Page 17 of 34 8 B , ,~ .~ project in the enhanced format. The database shall be produced in accordance with Appendix L of the Guides and Specifications for Flood Hazard Mapping Partners. FEMA shall coordinate with those Mapping Partners responsible for Activities 10, lOB, 13, and 14, as necessary, to resolve any problems that are identified during Activity 14A. Upon completion of the floodplain mapping activities (Activities 10, and/or lOB) and DFIRM production activities (Activities 13, 14, and 14A), FEMA shall review the DFIRM to ensure it meets current FEMA graphic specifications. In addition, FEMA shall review the DFIRM spatial database to determine if it meets current FEMA database specifications. FEMA shall coordinate with other Mapping Partners, as necessary, to resolve any problems identified during this QA/QC review. Standards: All work under Activities 13, 13B, and 14 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the following products will be uploaded to the MIP in accordance with the schedule outlined in Section 6 for this Activity: · Digital work maps showing the 1- and O.2-percent-annual-chance floodplain boundary delineations, BFEs, flood insurance risk zone labels, and all applicable base map features; · DFIRM mapping files, prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners; · Metadata files describing the DFIRM data, including all required information shown in Guidelines and Specifications for Flood Hazard Mapping Partners; · Complete set of plots of DFIRM panels showing all detailed flood hazard information at a suitable scale; and · A Technical Review Memorandum that describes and provides the results of all automated or manual QA/QC review steps taken during the preparation of the DFIRM. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fum/frm gsam.pdf. Activity 15 - Preliminary DFIRM and FIS Report Distribution Responsible Mapping Partners: FEMA with support from Collier County and the City of Naples, FL Scope: Activity 15 consists of the final preparation, review, and distribution of the Preliminary copies of the DFIRM and FIS report for community official and general public review and comment. The activities to be performed are summarized below. Preliminary Transmittal Letter Preparation. FEMA shall prepare letters and transmit the Preliminary copies of the DFIRM and FIS report and related enclosures to all affected communities, all other Project Team members, the State NFIP Coordinator, the FEMA Regional Office, and others as directed by FEMA. This letter may be prepared for FEMA only or FEMA and Collier County and.the City of Naples, FL signature. Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 18 of 34 8 B - Filial QA/QC Review of Preliminary DFIRM and FIS Report: FEMA shall perfonn a final QA/QC review of the Preliminary OFIRM and FIS report, including all data tables, Flood Profiles, and other components l)f the FIS report. The QA/QC review procedures shall be consistent with the Guidelines and ,<"f)(!cificationsfor Flood Hazard Mapping Partners. Discrepancy Resolution: FEMA, Collier County and the City of Naples, FL shall work to resolve discrepancies identified during the final QA/QC review. Distribution of Preliminary DFIRM and FIS Report: FEMA shall distribute the Preliminary copies ofthe OFIRM and FIS report to all affected communities, all other Project Team members, the State NFIP Coordinator, the FEMA Regional Office, and others as appropriate. Yews Release Preparation: FEMA shall prepare news release notifications of BFE changes for all affected communities if appropriate. FEMA shall file the notifications in the Community Case file and Flood Elevation Oetennination Docket. Preliminary Summary of Map Actions (SOMA) Preparation: FEMA shall prepare Preliminary SOMAs for :1] I 3tfected communities if appropriate. The SOMA shall list pertinent infonnation regarding LOMes that \\ ill be affected by the issuance of the DFIRM (i.e., superseded, incorporated, and revalidated). Swndards: All work under Activity 15 shall be perfonned in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in Appendix M of Guidelines and ,<"f!ecificationsfor Flood Hazard Mapping Partners and the requirements documented in Section 1 and Appendix A of the FEMA Document Control Procedures Manual. FEMA shall upload the products listed helow to the MIP in accordance with the schedule outlined in Section 6 forth is Activity. · Preliminary transmittal letters shall be prepared and transmitted. These letters and any additional letters requested by FEMA shall be prepared in accordance with the current version of the FEMA Document Control Procedures Manual. · Preliminary copies of the DFIRM and FIS report, including all updated data tables and Flood Protiles shall be mailed to the Chief Executive Officer (CEO) and floodplain administrator of each affected community, all other Project Team members, the State NFIP Coordinator. the FEMA Regional Office, and others as directed by FEMA. · Preliminary SOMAs, prepared in accordance with FEMA requirements, shall be provided as appropriate. · Revised OFIRM mapping files, prepared in accordance with the requirements in Guidelines and Specificationsfor Flood Hazard Mapping Partners, shall be provided by uploading the digital data to the MIP or submitting it by using other digital media if the MIP is unavailable. · Revised DFlRM database files, prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners, shall be provided by uploading the digital data to the MIP or submitting it by using other digital media if the MlP is unavailable. · Revised metadata files describing the DFIRM data, including all required infonnation shown in Guidelines and Specifications for Flood Hazard Mapping Partners, shall be provided by uploading the digital data to the MIP or submitting it by using other digital media if the MIP is unavailable. 2"sion R4.05 .,',o:Jing Activity Statement No. {MAS No.1} {Collier County Page 19 of 34 8 B .. . A Technical Review Memorandum that describes and provides the results of all automated or manual QA/QC review steps taken during the preparation of the DFIRM shall be provided. Activity 16 - Post-Preliminary Processing Responsible Mapping Partners: FEMA with support from Collier County and the City of Naples, FL Scope: Activity 16 consists of finalizing the DFIRM and FIS report after the Preliminary copies of the DFIRM and FIS report have been issued to community officials and the public for review and comment. The activities to be perfonned are summarized below. Initiation of Statutory 90-Day Appeal Period: When required, upon completion of a 30-day community comment period and/or final coordination meeting with the affected communities, FEMA and/or Collier County and the City of Naples, FL shall arrange for and verify that the following activities are completed in accordance with the current version of the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners and Document Control Procedures Manual: · Proposed BFE detennination letters are sent to the community CEOs and floodplain administrators. · News release notifications ofBFE changes are published in prominent newspapers with local circulation in accordance with 44 CFR. · FEMA shall prepare the appropriate notices (Proposed Rules) coordinating their publication in the Federal Register. · When Collier County and the City of Naples, FL hold public meetings to present and discuss the results of this Flood Map Project, FEMA will attend the meetings and assist where possible if requested. Resolution of Appeals and Protests: FEMA, Collier County and the City of Naples, FL shall review and resolve appeals and protests received during the 90-day appeal period. For each appeal and protest, the following activities shall be conducted as appropriate: · Initial processing and acknowledgment of submittal; · Technical review of submittal; · Preparation of letter(s) requesting additional supporting data; . Performance of revised analyses; and · Preparation of a draft resolution letter for co-signature with FEMA, Collier County, and the City of Naples, FL and revised DFIRM and FIS report materials. FEMA's Contractor and/or Collier County and the City of Naples, FL shall mail all associated correspondence upon authorization by FEMA. Preparation of Special Correspondence: Collier County and the City of Naples, FL shall support FEMA in responding to comments not received within the 90-day appeal period (referred to as "special Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 20 of 34 8 B ~ correspondence"), including drafting responses for FEMA review when appropriate and finalizing responses for co-signature. FEMA also shall mail the final correspondence (and enclosures if appropriate) and distribute appropriate copies of the correspondence and enclosures. Revision of FIRM and FIS Report: If necessary, Collier County and the City of Naples, FL shall work together with FEMA to revise the DFIRM and FIS report and shall distribute Revised Preliminary copies of the DFrRM and Frs report to the CEO and floodplain administrator of each affected community, all other Project Team members, the State NFIP Coordinator, the FEMA Regional Office, and others as directed by FEMA. Final SOMA Preparation: FEMA shall prepare Final SOMAs for the affected communities as appropriate. Processing of Letter of Final Determination: FEMA shall establish the effective date for the DFIRM and Frs report, and shall prepare a Letter of Final Determination (LFDs) for each affected community in accordance with the FEMA Document Control Procedures Manual. They also shall mail the final signed LFDs and enclosures and distribute appropriate copies ofthe signed LFDs and enclosures upon receipt of authorization from FEMA. Processing of Final DFIRM and FIS Report for Printing: FEMA shall prepare final reproduction materials for the DFrRM and FIS report and provide these materials to the FEMA Map Service Center for printing by the U.S. Government Printing Office. The NSP shall prepare the appropriate paperwork to accompany the DFrRM and FIS report (including Print Processing Worksheet, Printing Requisition Forms, and Community Map Actions Form) and transmittal letters to the community CEOs. Re\'Cllidation Letter Processing. FEMA shall prepare and distribute letters for FEMA signature to the community CEOs and floodplain administrators to notify the affected communities about LOMCs for which determinations will remain in effect after the DFIRM and FIS report become effective. Archiving Data: FEMA shall ensure that technical and administrative support data are packaged in the FE\1A required format and stored properly in the library archives until they are transmitted to the FEMA Engineering Study Data Package Facility. In addition, Collier County and the City of Naples, FL will maintain copies of all data for a period of no less than three (3) years. Standards: All work under Activity 16 shall be performed in accordance with the standards specified in Section 5 of this MAS. Del iverables: In accordance with the TSDN format described in described in Appendix M of Guidelines unci Specifications for Flood Hazard Mapping Partners and the requirements documented in Section I and Appendix A of the FEMA Document Control Procedures Manual, FEMA and/or Collier County and the City of Naples, FL shall make the following products available to FEMA in accordance with the schedule outlined in Section 6 for this Activity: . Documentation that the news releases were published in accordance with FEMA requirements; · Documentation that the appropriate Federal Register notices (Proposed and Final Rules) were published in accordance with FEMA requirements; . Draft and final Special Correspondence (and all associated enclosures, backup data, and other related information) for FEMA review and signature as appropriate; /ersion R4,05 "l:::ooing Activity Statement No. {MAS No.1} {Collier County Page 21 of 34 8 B ~ ..~ · Draft and final Appeal and Protest acknowledgment, additional data, and resolution letters (and all associated enclosures, backup data, and other related information) for FEMA review and signature as appropriate; , · Draft and final LFDs (and all associated enclosures, backup data, and other related information) for FEMA review and signature; · DFIRM negatives and final FIS report materials, including all updated data tables and Flood Profiles; · Paperwork for the final DFIRM and FIS report materials; · Transmittal letters for the printed DFIRM and FIS report; · LOMC Revalidation Letters if appropriate; and · Complete, organized archived technical and administrative support data · Complete, organized and archived case file and flood elevation docket SECTION 2-TECHNICAL AND ADMINISTRATIVE SUPPORT DATA SUBMITTAL The Project Team members for this Flood Map Project that have responsibilities for activities included in this MAS shall comply with the data submittal requirements summarized below. All supporting documentation for the activities in this Mapping Activity Statement shall be submitted in the TSDN format in accordance with Appendix M of the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, dated April 2003. Appendix M is available for viewing or downloading on the FEMA Web site at http://www.fema.gov/pdf/fhm/frm gsam.pdf. Table 2-1 indicates the sections of the TSDN that apply to each mapping activity. If any issues arise that could affect the completion of an activity within the proposed scope or budget, the responsible Mapping Partner shall complete a Special Problem Report (SPR) as soon as possible after the issue is identified and submitted to FEMA. The SPR is to describe the issue and propose possible resolutions. (For additional information on SPRs, refer to Appendix M, Subsection M.2.1.1 of Guidelines and Specifications for Flood Hazard Mapping Partners.) Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 22 of 34 8 8 .. Table 2- . apping ctivities an ~ppllca e ectlons Mapping Activities TSDN Section 1 2 3 4 5 6, 7, 8 9 10, 1 12 13, 14, 15 16 6A 7A 108 1 13A 14A 148 General I Documentation I Special Problem X X X X X X X X X X X X X X X X Reports I Telephone i X X X X X X X X X X X X X X X X Conversation Reports I \ keting xix X X X X X X X X X X X X X X \1 inutes/Reports I Cieneral ! X :X X X X X X X X X X X X X X X C' orrespondence I Engineering I Analyses i I 11\ drologic Analyses I X X X X X X X I II: Jraulic Analyses I X X X X X X X I I I r.:.e: to Cross-Section i X X X X X X X I,ahding I I I r.:..:\ to Transect I X X X X X X X laheling I Draft FIS Report i X X X X I 'lapping X X X X X X X X X X X Information 'Iiscellaneous Reference X X X X X X X X X X X X X X X X Information 1 M A d A r bl TSDN 5 SECTION 3-PERIOD OF PERFORMANCE The mapping activities outlined in this MAS will begin on November 2, 2005, and will be completed no 1 ater than December 11, :2008. The mapping activities may be terminated at the option of FEMA or Collier Cl)unty and the City of Naples, FL in accordance with the provisions of the Partnership Agreement dated '\member 2, 2005. /ersion R4,Q5 ,iac:ping Activity Statement No. {MAS No.1} {Collier County Page 23 of 34 8 B SECTION 4-FUNDING/LEVERAGE FEMA is providing resources to review tasks perfonned by Collier County and the City of Naples, FL, DFIRM Production and Post Preliminary Processing. Collier County and the City of Naples, FL shall provide any additional resources required to complete the assigned activities for this Flood Map Project. SECTION 5-STANDARDS The standards relevant to this Mapping Activity Statement are provided in Tables 5-1 and 5-2. Information on the correct volume, appendix, section, or subsection of the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners to be referenced for each mapping activity are summarized in Table 5-2. These Guidelines are available for viewing or download from the FEMA Flood Hazard Mapping Web site at htto://www.fema.gov/fhm/dl cgs.shtm. Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County Page 24 of 34 en (1) :;:; .:; :;:; (,) <( - (,) (1) '- o ~ a.. ~ o .... en "C ~ (tl "C c: (tl - (/) (1) .c (tl (,) c.. c.. <( ~ I I.l') (1) .c (tl I- CQ ~ &t) ~ ~ <c m ~~ ~ ~~ ~ ~<c ('11')('11') ~~ N ~ ~ ~ CCm ~~ en (1) :;:; .:; :;:; (,) <c CD co ~<c .......... ~<C CQCQ &t) ~ ('II') N ~ U) "C ... ca "C C ca - UJ (1) :is ca .2 Q. 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Vl '-' =: "1" .... ~ M ~ o 00 C"l Q) 0) ctl a.. - >. - c :J o () ~ .~ (5 () - - ci z en <( ::2: - o Z lI'l .... -- r:: Q) E Q) -- ctl -- (/) :>. -- LO'S; o :;:; .() ~<( a::: 0) r:: r:: o .- .- c.. en c.. ~ ctl ~~ : ~ : ... ~ = ... '" .... ..0 CJ ~ Co> ~ 0..: -, '" (/) '" 0 ~ , 0 .::! ..... .~ '0 Co> : "0 :::: a :::: 0 := 0 0.. "0 : 0.. 0.. 0.. <C > <C 00 t:: = .c;; = '" ... Co> .... U c. ::: ... "" ~ CJ C C'Il . "" .... : - c: ::J o <.) ~ .~ '0 <.) - - o z C/) <( ~ - o Z - c: Q) E Q) - ctl - (f) >- - L.C) ':> o :;:; .u o:::tc::( 0::0) c: c: o .- .- 0. (/)0. ~ ctl ~~ 8 B SECTION 6-SCHEDULE The activities documented in this MAS shall be completed in accordance with the project schedule below. If changes to this schedule are required, the responsible Mapping Partner shall coordinate with FEMA and the other Mapping Partners in a timely manner. Activities RESPONSIBLE DATE PARTNER(S) DUE .,.. Activity 1 - Scoping NA NA Activity 2 - Outreach Collier Co., 5/28/08 Naples, & FEMA Activity 3 - Field Surveys and Reconnaissance Collier Co. & NA Naples Activity 4 - Topographic Data Development Collier Co. & NA Naples Activity 5 - Independent QA/QC Review of Topographic Data FEMA 10/26/05 Activity 6 -Hydrologic Analyses Collier Co. & 7/21/06 Naples Activity 6A -Coastal Flood Hazard Analyses Collier Co. & 1/10/06 Naples Activity 7-Independent QAlQC Review of Hydrologic Analyses FEMA 8/18/06 Activity 7 A-Independent QA/QC Review of Coastal Hazard FEMA 2/7/06 Analyses Activity 8 - Hydraulic Analyses Collier Co. & 7/21/06 Naples Activity 9 - Independent QAlQC Review of Hydraulic Analyses FEMA 8/18/06 Activity 10 - Floodplain Mapping (Detailed Riverine or Coastal Collier Co. & 7/21/06 Analysis) Naples Activity lOB - Floodplain Mapping (Refinement or Creation of Zone A) Activity 11 - Independent QA/QC Review of Floodplain Mapping FEMA 8/18/06 (Revised Areas) Activity 12 - Base Map Acquisition Collier Co. & 12/31/05 Naples Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County} Page 30 of 34 8 B ~ ,~.~~ Activities RESPONSIBLE DATE PARTNER(S} DUE I Activity 13 - DFIRM Production (Non-Revised Areas) Activity 13A - Independent QAlQC Review ofDFIRM Production (Non-Revised Areas) Activity 14 - DFIRM Production (Merge Revised and Non-Revised Information) FEMA 2/16/07 Activity 14A - Application ofDFIRM Graphic and Database Specifications Activity 14B - Independent QAlQC Review of DFIRM Product Meeting FEMA Graphic and Database Specifications Activity 15 - Preliminary DFIRM and FIS Report Distribution FEMA 3/16/07 i Activity 16- Post-Preliminary Processing FEMA 6/11/08 SECTION 7-CERTIFICATIONS Activity 3 (Field Surveys and Reconnaissance) and Activity 4 (Topographic Data Development) A Registered Professional Engineer or Licensed Land Surveyor shall certify topographic data, in accordance with 44 CFR 65.5(c). Certification of topographic data by the American Society for Photogrammetry and Remote Sensing is also acceptable. Activity 6 (Hydrologic Analyses). Activity 8 (Hydraulic Analyses), Activity 10 (Floodplain Mapping- Detailed Riverine or Coastal Analysis) and Activity lOB (Floodplain Mapping {Refinement or Creation of Zone A}) . A Registered Professional Engineer shall certify hydrologic and hydraulic analyses and data in accordance with 44 CFR 65.6(t). . A Registered Professional Engineer or Licensed Land Surveyor shall certify topographic information in accordance with 44 CFR 65.5(c). . Any levee systems to be accredited will be certified in accordance with 44 CFR 65.1 O( e). Activity 10 (Floodplain Mapping- Detailed Riverine or Coastal Analysis), and Activity lOB (Floodplain Mapping {Refinement or Creation of Zone A}), Activity 11 (Independent QA/QC Review of Floodplain Mapping {Revised Areas}), Activity 13 (DFIRM Production {Non-Revised Areas}), Activity 14 (DFIRM Production {Merging Revised and Non-Revised Information}), and Activity 14A (DFIRM Production {Application ofFEMA Graphics and Database Specifications}) The DFIRM metadata files shall include a description of the horizontal and vertical accuracy of the DFIRM base map and floodplain information. Activity 12 (Base Map Acquisition and Preparation) Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County} Page 31 of 34 88 . A community official or responsible party shall provide written certification that the digital data meet FEMA minimum standards and specifications. . The responsible Mapping Partner shall provide documentation that the digital base map can be used by FEMA. Please note that uploading base map data to the MIP does not constitute agreement that the digital base map can be used by FEMA. Documentation that the digital base map can be used by FEMA will still be required. Certifications must be made at the time the intermediate data is submitted. For example, if hydrologic data is submitted, certification will be required at the time it is submitted. SECTION 8-TECHNICAL ASSISTANCE AND RESOURCES Project Team members may obtain copies of FEMA-issued LOMCs, archived engineering backup data, and data collected as part of the Mapping Process from the NSP, who may be contacted through your Regional Project Officer. General technical and programmatic information, such as FEMA 265 and the Quick-2 computer program, can be downloaded from the FEMA Web site (http://www.fema.gov./fhm/). Specific technical and programmatic support may be provided through the NSP; such assistance should be requested through the FEMA Project Officer specified in Section 12 of this MAS. Project Team members also may consult with the FEMA Regional Project Officer to request support in the areas of selection of data sources, digital data accuracy standards, assessment of vertical data accuracy, data collection methods or subcontractors, and GIS-based engineering and modeling training. SECTION 9-CONTRACTORS Collier County and the City of Naples, FL intend to use the services of TCE, Inc. as a contractor for this Flood Map Project. SECTION 10-REPORTING STATUS REPORTING: Status reports will be submitted on a quarterly basis in accordance with the financial reporting submittals. At a minimum these reports will include a summary of the work as outlined in the Cooperative Technical Partner (CTP)/Map Modernization Project Quarterly Report located in Appendix B of this Mapping Activity Statement. The Project Officer, as needed, may request additional information on status. Collier County and the City of Naples, FL may meet with the NSP and/or FEMA more frequently (up to bi-weekly if needed) to review the progress of the project in addition to the quarterly status submittals. These meetings will alternate between FEMA's Regional Office, Collier County and the City of Naples, FL offices and conference calls as necessary. Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County} Page 32 of 34 8 B' Section 11-Project Coordination Throughout the project, all members of the Project Team will coordinate, as necessary, to ensure the products meet the technical and format specifications required and contain accurate, up-to-date information. Coordination activities shall include: . Meetings, teleconferences, and video conferences with FEMA and other Project Team members o Weekly and monthly calls to discuss technical issues and project status. o Quarterly meetings with local officials; . Telephone conversations with FEMA and other Project Team members on an ad hoc basis, as required; . Updates to the MIP, and other FEMA status information systems in accordance with requirements in Volumes 1 and 3 of Guidelines and Specifications for Flood Hazard Mapping Partners; and . E-mail, facsimile transmissions, and letters, as required. Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County} Page 33 of 34 .~........."~-",,,...,---,,-",,.",,.,,.._._,". -l . J 'J ~ ~, ~ " ~' :~ i ,j , ' / I t / SECTION 12-POINTS OF CONTACT 8 B The points of contact for this Flood Map Project are Laura Algeo, the FEMA Regional Project Officer; Robert Wiley and/or Martin Conant, the Project Managers for Collier County and the City of Naples, FL; or subsequent personnel of comparable experience who are appointed to fulfill these responsibilities. When necessary, the any additional assistance of FEMA should be requested through the FEMA Regional Project Officer. i "~ i Each party has caused this MAS to be executed by its duly authoi_res~~tative.' '. , DWIGHT E., JmQcf.'" , ..._ :' r..:..... i. , '1vJ-w. ~ Fred W. Coyle, Chairman BOARD OF COUNTY COMMISSIONERS Collier County, Florida BY: Date Bill Barnet, Mayor City of Naples, Florida Date A. Todd Davison Regional Project Officer Federal Emergency Management Agency, Region IV Version R4.05 Mapping Activity Statement No. {MAS No.1} {Collier County} Page 34 of 34 80 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) *********************************************************************~*************************** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Michael Bosi, AICP ~~ Date: "q,. Petition No. (If none, give brief description): PUDi-2004-AR-6207, MAC PUD Petitioner: (Name & Address): Talon Management, Inc., Tim Hancock, AICP, PO Box 9229, Naples, FL 34101 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) MAC Builders, Inc., 15841 Pines Blvd., #388, Pines, FL 33027; R. Bruce Anderson, Roetzel & Andress, 850 Park Shore Drive, 3rd Floor, Naples, FL 34103 Hearing before BCC BZA Oiher Requested Hearing date: September 27. 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2004-AR-6207 MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon Management, Inc., requesting a rezone from the C-t and C-2 zoning districts to ------~---tbel'UD-PIanneirUiilrneveropmenf-zonlng oiSlrIcTIolillOw-jJ-maxlnHlmof"S6 multi~tami1Y-dwellil1gunlts:--nrepro1Jerty,---- consisting of 10.76 acres, is loc!).ted on the northwest comer of Radio Road extension and Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: #~ List Attachments: ws- Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: f? IS, () 5 Date of Public hearing: q. 2 7- 0 5 Date Advertised: q. II - 0 S 80 ORDINANCE NO. 05 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WlDCH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS AND CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE C-l AND C-2 ZONING DISTRICTS TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO BE KNOWN AS "MAC RPUD" WHICH WILL INCLUDE A MAXIMUM OF 86 MULTI-FAMILY RESIDENTIAL HOUSING UNITS LOCATED ON THE NORTH SIDE OF RADIO LANE, EAST OF PALM SPRINGS BOULEVARD, IN SECTION 34, TOWNSIllP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.76::1: ACRES; AND I)ROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Tim Hancock, AICP, of Talon Management, Inc., representing MAC Builders, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition POOZ-2004-AR-6207. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, as described in Section 1.2 of Exhibit "A," the "MAC RPOO" POO Document, attached hereto and incorporated by reference herein is changed from the C-l and C-2 zoning districts to the PUD zoning district to be known as the "MAC RPUD Planned Unit Development." The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly, SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: FRED W. COYLE, CHAillMAN Patrick '. White Assistant County Attorney PUDZ- 2004-AR-6207/MB 8D MAC RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULA nONS AND SUPPORTING MASTER PLAN GOVERNING THE MAC RRPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MAC Builders, Inc. 15841 Pines Blvd., #388 Pines, FL 33027 PREP ARED BY: Tim Hancock, AICP Talon Management, Inc. 3898 Tamiami Trail North, Suite 202 Naples, FL 34103 239-262-6197 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" i TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE III STATEMENT OF COMPLIANCE iv SECTION I PROPERTY OWNERSHIP & DESCRlPTION 1 thru 2 SECTION II PROJECT DEVELOPMENT 3 thru 5 SECTION III RESIDENTIAL AREAS PLAN 6 thru 7 SECTION IV CONSERVATION / PRESERVE AREA 8 SECTION V DEVELOPMENT COMMITMENTS 9 thru 12 ii r 80 . I EXHIBIT A 80 LIST OF EXHIBITS AND TABLES RPUD Master Plan iii EXHIBIT A &C-K q1Z7/o5 (J!J~ IkJI) CCl D , 80 ..., APPLICANT COMMITMENTS RELATIVE TO PUDZ-2004-AR-6207 Based on meetings and communication with member of the Palm Springs neighborhood, the applicant, MAC Builders has agreed to the following items to be made part of the record for the aforementioned PUD Rezone. The items followed by an asterisk (*) are to be included in the PUD document: 1. The project will locate it's access off of Radio Lane and not Palm Springs Blvd., subject to approval by the Collier County Transportation Department. * 2. Units will be developed as two and three bedroom units with a den. *. No four bedroom units will be constructed. 3. Each unit will have a one or two car garage assigned to it and no more than two additional parking spaces located primarily in driveways on front of each unit. * Additional parking spaces may be grouped at locations throughout the project to serve uses such as the clubhouse and pool area, but spaces designated for each unit will only be constructed as indicated above. 4. MAC Builders or the projects successor owner pledges to work with the owners of the Triad PUD or its successor owners and the residents of Palm Springs to construct a fence from the Northeast comer of the Triad PUO to the County Park at the rear of the community. 5. MAC Builders or the projects successor owner pledges to support the community in finding appropriate and safe locations for bus stops and will assist in the construction of a bench with shelter and a bike rack in the event a location is deemed to be warranted adjacent to the MAC PUD. 6. MAC Builders or the projects successor owners will work with a committee of residents from the Palm Springs neighborhood and provide them with renderings of the buffers along Palm Springs Blvd and Radio Lane prior to submittal of the SOP application. Their input will be requested regarding the type and style of landscape buffer (i.e.: wall vs. vegetation). 7. The developer will make an effort to preserve existing pine trees where practical in planned open areas not subject to fill or excavation. 8. For purposes of measuring required setbacks, units that front on an interior street within the development shall apply the rear yard setback from the rear of the building to the property line, including when the property line borders a public right ofway.* UPDATED OWNERSHIP INFORMATION FOR PETITION PUDZ-2004-AR-6207 ITEM 8.D. 9-27-05 BCC MEETING Contract to purchase held by: MACAN INVESTMENT, CORP. Juan C. Macias, President 11958 SW 72nd Terrace Miami, FL 33183 Assigned to: FLORIDA HERITAGE DEVELOOMENT, LLC Dennis Frechette, Managing Member Michael Del Duca, Managing Member 5770 Shirley Street Naples, FL 34109 J3:J;-- /~ q(Z 7/05 'Elem 8 0 , 80 (CJ< , ! I j Sep 26 05 12:22p Philip Popovici 239-389-4824 180 p.2 (c..R.... ..",. ' .~~ JU" ZS 05 09:45a Philip Popovici 239-389-48Z4 p_2 ,~ ',_" '~,"'>:'::,,:~~,:~~:~)t~:,*.,: ." !m!f~1Ij~j;,~:;~~r , PAlmES AND DESCRIPTION OF PAOPI:RIV 2- 1. SALE AND PURClfASE: De IlIaUa.nI. :lac. :r and ...,.. ;JA_~. Cl:lZIl. au/or udGIY 4 agree to $81 and tJuy on the tefms and ~ sPeCified below the ~ r~ desctilGd as: 5" Address: I\' l..egaI Deecriptlon: fa.. ItIdLI.ld,~ -.-, 7" 8" ll' lO' II' 12" including all i~ and 1n8 following add/lianel property: ___ IJ" 14" tSeIef"l ("Buyer") tS 16" 2. PURCHASE PRICe: $ 1r (8)$ _ IS' ,. PRICE AND FlNANaNG payable by Buyer in U.S. llncfs as follows: ~ I1lC8Mld (checks 818 fIli)jec( 10 cIB8rar1oEQ .:nalM 27~ _ 2005 by for AlGI! . A_~ .... ,irlD {"'EscIt;Jw AgenIj ~ ItItrn>>ti/ Addtionel deposit to be deMn3d 10 Escrow Agent by or-!!...days from Efrective Date (1 0 cS)/S if left bIn), ToI8ll1nancing (see Paragraph 3 below) (8lq:IIeSS a9 a dollar amount or petCeOc.age) 0ttIer: 20' (b)$ 21' lIZ' (et U' (d) S 2'r (8) $ Z5 - 8aIance to close (notlncllding Buyer"s cb;Wlg costs. prepald items and proralionS). All funds Pl!Iid at cb9ing IfU;l be psid by ~ dnlwn cashier's cf1eCk. ofIicieI check or wired blds. ar a (t) (cotrJplete on~ it purchase price wiI be detalfllned based on a per unit cost instead of a filled plf<:8) The unit 21" lAsed to determine th& purchase price is a lot Q acre a ~ foot Q other (sgecify: ) 2S' prorating areas of less than e fuI unit. The pwcha&e ~ will be $ par uAit baed 00 a ~ticn or 2It total area of the Property as t:8ttifl8d to Buyer and Seller by a FIorida-1ic8l'lll8d SUNeyot" in accordance with Paragraph ':IT 8(e) of this Conlr.lct. The foItowing rights of way BflCI OCher amas will be exclUded from the c:a/ctIaticn; :II- 3r 3. CASIiIflNANCIHG: (Check as ~ ~(It &u,er wi. pay cash for the PIoperty with no linBncing contingency, 3t' 0 OJ) This COfIfnIct is 00I....g.d en 8uyer ~ end obunillg the c:ommiCmen" or ~ speolfted t)GIow (me 31' -Flnendro"J \NIltW) _ dllys from ~ Oele (If left bIlInk then CIoGilg Dele or SO ~ fmm Efective ~. whict1evel' Xi- oca.rs hi) (the "RnallCing Pefiocl1. Baver *I apply for Ftlerlcinsl witt*'l ---:.. dalIS frorr1 Bfective Dale (5 da>is it /elf blank) · and wiD IimeIv plOVide any and 811 ad. em~ hncAaII and olher information ~ by the tender. If Buyer, after 37 usWlg dIigenoe and good feith. cannot ClbIah the financing 1M1hin ~ Financhg Period. eilher pany ma, cancel this Cootr.K:t 31 and Buyw"a deposIt(s) wi be returned after Escrow Agent receives proper a.rthorization 1rtm all interested I*ties. 31' Cl (1) New FInMcfng: Buyer wi. S9Cuf8 a commitment for I16'N third party financing for S or cr _ex. of the P\.WCh8se price at the pevaiIng int8r8st rate ancI ban costs basvd on Buyet's credilwor1hiness, Buvw 41 wi. keep SeIIt:I' and 8lOI<er fuIy informed of the Ioen appicaUon status and ptOgl't:.&S and 8UIhoIizss 1l1e lender or <Q mol1gege broI(er to disclo!,A -all such irrfcmtetion to Seller and Broker. ..,. 0 (2) Seller F'iMndng: Buyer wit ~ a CJ farst 0 second purdlase InClf'IeV note and mDI1gege to Seller in lhe "4' amollnt 01 $ . bearing aonuaI inlerest at _" a1d payable as follows: .s- 48 The mortgage. note, and any secuity agmemertt wi! be in a form ac~ to Set. and Will follow fcwms gsneraIly 41 accepted in the <XlUOty wheI8 the Pluperty is 1oC8ted: will provide for a late PilYmenl 'ee and acceIeI81ian at the 48 mortgagee.. oPtion If~: wII five ButJ8r IN right fig PftIPOY without I*tIIIl:y .. 01 pM M!he ~ lit " 411 ~ interes1 ~ 10 PiJlmlI'1t: wi be due an COIlI/8V8flCII or ....; wi! fMWdlt fur ..... << ~ lD" ~ ; \ L-Jald.... L.J~...CIf..Gf..,..,~If",.fifj'".., 116 \IlC.8 \ v.llDI .1lIIN~ _,,",,", ..,....... ~ fth' U l.U- --, co DIai1 .......w '" ., .... ......" ...".........,.,., .....IJI"" 1;oUl9 3~d ::>1-11 ~InS ::MIl BLBEl6!i!iBE 9~:Qt !iB9ZIQE/99 Sep 26 05 12:22p Philip Popovici 239-389-4824 p.3 (C.~ ") Philip POpovic! . I l. 23511-3B9-4824 J aD ..~~ 1tf JU~ 25 05 09:45a 10.3 III parteIS, If applICablB; and will teQUire Buyer to ~ liability insurance on the Property. with Seller as additional named 52 insured. Buyer authorizes Sefler to obtain credit. ernplOYln8llt arsd other necessary information to delermine 63 CAlditWor\tlI'l for 1118 financing. sea. will. wfthln 10 day$1rom Bt8cIive Date. give Buyef written notice of whether Of 0. not Seller will make tne Ioen. ss- 0 (3) MaTtigBge Asaimption; Buwer wi rake ., &tlject 10 and aslU\'lB lW1d pay 8lll9tnO Ir8t t'nOI1gIIge to 55' ~ LN. in the 8J)proximate amount of S CUfrent1y payable at 58' S per month indIJding ptincip8I. intIIrest. a taxe. and insuranco and haVing a Q liMed Q other !ill' (describe) fIT lnt9tesl f8Ie of _'I. which Q will iJ will not escaI8te upon assumption. Any variance in 1he fOOI'tgage wi. be 111 adjUsted in !he baIancf1 due at cb&ing widt 1\0 adjusttNInl to ~ price, &u,lI:r wi purch88e Sder'a escrow ..,. account dollar for doII8r. If the lender ~ Buy<<, or lhe inllnst rate upon transfer eJ(C88ds _C)!, or the lI3" assumptioMransfer fee exceeds $ . either party may elect to pay the elCCess. failing wnich this &4 agreement will fe'minate and Buyer-S deposit(s) will be ",rned. <<s CLOSING lllI 4. CLOSING DATe: OCCUPANCY: Thic Connet wiI1 be cfosed and tt\e deed and ponesaion deivemd on or before Q" Octdoez 13Q. UOS'. unle8$ extended by other p<<Msions of this Contract. If on Closing Date ItlSur8nCe ,. underwriting is suspended. Buyer may postpone clOsing up to 5 days after the insurance suspension is Ifted. If 1hIs . trMsac.tion does not closs for any reason. Surer w11lmmed/ately return all SeIt<<-provlded title evidence. SU~. 10 aSSOdation documents and other irermJ. 7t S. CLOSING PROCEDURE: COStS: Qo6ing 'MI take place it the CCU1ty lo'II1ere Ihe Plq:8ty is Jocated and may be conducII9d n by mal Clf eIeCtRlIl1c mean&. . tide in!luI1InC8 hu99 su,.. ror 1itIe dBfed:s ~ between the llfB binder eII'ecIive dllII8 and ?$ IeCOldi1g of Bt.lyet's deed. <:lasing agent wi c:II5bIne . doling !he net.. ~ to SdIr fn IDalI ceshier's checks f Seller 14 teqUeSlS i1 wrUg at IeQst 5 days pia 10 cIose'Q) and brokerage fees to Btok8r at per p~ 17. In IIdliticln to oIt1er expenses 75 pQlIided in tNs Con1ract. Seller and 8uyerwil pay tie ctJSts incIcated bebw. 10 (at SeI_ COIII:s: Seller wi! pay t8lleS on tt!e deecJ anCf IICOrdit 19 fees fa crocuments Ileeded 10 ctft tide: tI!Je 811idenoe (if 77' appk:able under P<lfalnPh 8); 0Iher. 7. ~ Buyer Costs: Buyer wi. pay taxes and t8COI'tIing rees ~ notes IJ1d mortgages and recor<ing fees on U1e deed 1. and tlnancing statementS; loan ~: lender's 1JtJ8 po/icy at Ihe e1mulfaneOUS issue rate; inspections: S\Jl"l/8Y and lD' sketd1: insurance: Olher. 81 (c) Title EWIence and Inswance: ateGk (1 J or (2): lit. )l( (1) The 1ltI9 8111denC& will be a PBnlgnlpn 8(aKI) ~'s title insurance commitment. a SeIIer)( Buyer will select lD" the tide agent. 0 SeIer)i( Buyer will pa~ for the CMner's title polley. sean:h. examination and related dtargss. Each 84 party wi! pay its own closing fees. <<>. ::. (2J seller wit provide an abWaCt as specified in Paragmph ~ as title Mence. Q Sehr 0 Burer will pay for' BlI the owner's tille POI'~ and 6eIect the tile agent. Self<< Wia P8Y fees for IitIa ~ prior to doshg. including (8J( 1I7 search and lien semch fees, Md Bur- wi! pay fees for tiII8 88111'cf1es after cfoetng iii any), tife examination fees and lIlI cloBing feeS. . (en Pmrations; The fdlawing itern$ wi! bit made ClJII'flflt and pn:nted as of 1r1e day befoI8 Closing Date: real estate faxeS, 90 i1IelesI. bonds. ..rosessntIlltS. IIIas8S and other PIoperty expenses and ~. If taxes and 3BlII8l1l11'1lenl$ for the QJIR!Ot 9t ..,.. cannat be ~ ihe pnsvigus )'8lIt'a I8te8 wit be used \Mttl aqustment lor .-ry ~ PROPEwl'i lAX I1Q DISClOSURE SUM~ BUYER SHOUlD NOT FlELY ON mE sa.u:R'S CURRENT PROPERlY TAXES AS THE V3 AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN lHE YEAR SUBSEQUENT TO iN PURCHASE. A CHANGE OF OWM:RSHlP OR PRlPeRTY lMPROV9AENTS TRIGGERS REASSeSSMENTS OF lHE 915 PROPERTY lHAT COUI.O RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUES11QNS CONCffiNlNG 81 VAlUA11ON. CONTAC1'lHE COUNTY PAOPEm'Y APPRAISER'S OFFICE fOR A.m'HER INFORMATION. fir (e) Special AnI1 ....At bJ Pubfic ~ AegMfing special assessments imposed by a ptJblc body. Seller will pay 6) 98 the AM amount of liens that are cer1ifisd. oonfirmed and ratified before dosing and (i) the amount of the last estimate of 119 ttle a$S9SSment if an tnpruvement i3 subsrBn1iaIy completed as of Effective Dete bUt ha6 tlot resulted in a IiEln before lID cIoslng, 8fld Buyer wi pay 81 OIher amounts. un (1) llIX WRhholding: . SeIer is 0 "bBign pet'son- as c:Iefin9d ~ RRPTA. Section 1445 r:J !he Inleln8I Rew!nue Code till II!Q.IiAls Bu,w to witthoId 10% of the amount re8lmd by lhG Seller on lt1e tnInSfer and $1M the WiIhheId erncad't to the 100 ~ernaI AeIIenue Ser'olicB (IRS) unIe$s all ~tion appIie&. The primary exemptions 818 (1) Seller pl1)IIides Buyer with an 1001 alfdI.Ilit 1haII SeIer is rot a 'TtIr\1Ign penlOll~. (2) Seller pRlIIides Buyer with a ~ Certi&cale plOIIiding for IBiuaK1 or 105 efnljt I8tOO wittlhokjng. or (3) tile aoss sales triCe is S3OO.000 or leu.. e...,. is an inc:tMl1l8I ~ plItlCh:Is:a; me Property to 1011 use as a 1B5idence. and Buyer or a men1ber of Buyer"s famty has define pIan& to l8Side ar: the PIq)8rty for at leaSt 5O'l6 d 101 the rumer of days the Property '" in use dumg each of lh8 first two 12 month periods after franSfer: The IRS requIes Buyer lIB and Seller to ha\le a us.~' ~. r1IoIYDlr t"T1N1. __ ancJ ..... ~ .. eIIJIIlfle IW1d ~ 311 1llS diedBd any naument. ~ . . ........nnr}t" .,.. WIi fYl'TA fiWfifflilli ~_sa lID ~a1lll 3....... .._Mlj_.......fj-It..Ii1lJiIftNlJlMllfM.~AfJIlft Ur .~ LJ...,...... L.-J",u1'f1fttr",*II_......!li1W#Il1ifJifli j"l "lMC& ...... .~Jii 1.l1f ..., A'_'~ - , ~ .... .. .'rnl7u'" $SI ....:1- 11t1117JM #..... JIMIifII _!I!MIIMft~~j_! ........ "7./~l'l ':!I:)tt.... :)NI ~3alrn8 ~ 8L8EL6!i!iOE: 9&:91 ;9Bl/9E/ge Sep 26 05 12:23p Philip Popovici 239-389-4824 p.4 ~ J 8D .... (L~) '''i' -~ J'1. Jun 25 OS 09:46a Philip Popovici 239-389-4824 p." I t6 I Seller appdes for a wIhhoting cettificate but 1h8 app1icetion 19 sUI pendir'!J .. of clo8i1g, Buyer wit ,.,. V1e 109b laX n 113 9SDOW at SeIIer"s expense to be disI:>>.nItad in ecoodInte with the hII ~.li .aIiol. of 1he IRS, pctJlIided SeRw so AQJeSIS 114 ~ gives Buyer nolIce d the P8'ldIng appIica1ian in IlUAJ'dalloe wIh S8r:IIon 144.5. I ~ cb2s mt pay Sl.IlIIcienC cash at t III closing to meet lhIl WilhIlOklng I8QUIeRIei"<<. SeIIIIr wi deMr., BafW at cfOsIng ttte adlIIiDnaI casn nece!lS8tV to SlIl1sfy the 116 ~ Buyer wi trneIV dsb\J'$e" furId$ to 1he IRS m pIUIIide SeIIlrwilh copies of the tllK tonns and receiPCS. \ 17 (g) 'tCXft &ohangf:: If eIher SeIer or ..., wishes to erCer nto a Ie-Idnd .change .... sft'dIaneousIy with dosing or Ite aft., undet'Section 1OS1 or the htemaI ReYenue Code ("&chBr 9" the other P*1Y wi coopenate in . reasonBbIe l'8lIP8C* 119 10 ~ Ih8 E)adlangB iraldng ~ c:focum8ntS: pn:Mded. however. that the ClQClP8r8lin9 perty ~ itlC\r no febifilY 110 or cost I!lIl!dIeO 110 the Elldlange and that the dosing :shaI11Ct t)e contingent upon. eJCl8nded or delayed blf the El<<:h8nge, lt1 PROPeRTY CONDITION 122 6. LAND USE: SeHer will deliver the ~ to Buyer at the time agrsed in il6 PI9&8f1t -as is- condifion. IMith conditiOns 123 resulting from Bu~er'9 tnspectlons and caeualty damage. If any. elCC8Pted. Seller will maintain the landSCaping and 120 grounds in a contJ;I811lbIe condition and wi! not engage In or permit any aaivIty thIIr would materially after the Property's 125 aJndition without the Buvet'S priOl' writlen COI188Ilt, 1211 (at Rood Zone: &uy.r is advised fa vetfoJ by SUlV8'i. wtit the lender and with epprcpl1ate goyemment agencies which 1~ lIood mne the ~ is in. whether ftood nsuraoce is teQUired and what NI!IIIricticns apply to impfoulng the Property and TIB tebl.tiIOOg in the event of cesualy. .. (b) Governmem ReguIeIIan: 8uver is acfvtsed 1hat Changes in government t9gU1aticnS and IeYeIS of service wnicn 130 affect Buylw'& intended U$8 of the Pnwarty wiD not be QrOlXIda for canceing 1his Contract if the FeasibiIf.y Study 131 Period nas acpll1Jd or If Buyer haS checked ctlOice (C){2) below. 132 (cJ lnapec:aona: (check (t) or (2J ~ . lS1r )Ii( (1) Feaaibifity Study: 8uyef' d. at Buy8f'a eJq:MmS8 and within -.!L days flom Effec;tNe Date rFea&ibililY Stud)' 13&" Period"). determine whether the PttJperty is suIabIe. in ~ sole and atlsoIute dlscr8tion. for .....w.au-l 135" eJral--C US&. During the FNsibiIlty S1ucIy PerIod. Buyer mey conduct Ii Phase I envlr'Cll"oI'l'l8l'ltII ,35 assetsment end 8IPI other tests. ana~. surveys Ir1d irMstig;dIons ("1nspec;tiona' hit Burw deems necessary to IIJr detem1ine to 8uy8r'S S8UsfacIIon 1he Properly's engIneer1ng. arch/teCllJlaI and 6l'1IIironment8 properties; :wring and t3a zoning restrictions; S\.bCIivIslOn statutes: soi and grade: avuabifity of aa:ess to public mads. water, and other 139 utilities; consiSten<:y with local. state and regiclnaI gfOWIh d1III18g8ment plans; availabiity of penriSs, go\I'eI11ITIent ..0 epprovala, III'ICI rlCCnSClr. end ottIcr ~ 1hat Buyer deema appropriate to d8te.l,.116 the ~"s auitabiIty ,., for the Buyer's intended use. If the Property must be 11IZOO8d. Buyer Will obtain the MZOr*Ig from ttle appropriate f42 goyernment agenOes- SeIer wlIl sign 811 documents Bupr Is ltIqUiIed to file in c:onnectiorl with development: or ,.., n!7Or1ing epprovaIs. "& Seller gives au,.. its agents. contrect<n and asaigns, the right to enter the Property at any time during the Feasibiity ''6 Study PerIod for the purpose of conductilg In&pectiom;; pnMded. howeY8r. that au,.. its agenls. contractOnl and 1411 assigns ent.. tha Propr;II1y and c:onduc:t ~ 8l1t18lr ~ riSk. SlIyer wi indIIMnifV 21d held Sell... hSrmI888 147 trom losses. demegee. costs. Claims and 8Xpe(lS8S of any nature, inckIding attorneys' fees. 8>q)811S88 and liBbiIity 14 ncuned n appIIcatlon for ~ or related pmceedings. and tom Iiabify to any person. ar'ISing from \he condIJCt at 1-411 any and all Inspections or ~ work authorized by Buyer. Buyer will not engage in any actiVity that coUd tesult in a 1$0 constnJdion ten being filed against the Property without SeI.... prigr written consent. If this t1ans8dion doe$ "ot 151 c105e. Buyer wll. at Buy.... ltXf*1$8. (1) rvpalr all damages to the Property res.Adng from the Inspections and 152 llJtum the property to the condition it was in pr10r to cotlducr of the lnspeeUons. and l2J teIease to SeIer all reports 1M and otI1er worI( genetalec:l a6 a t9GUIt or the ln8peC1iOnS. 1~ Buy... will deliver written no\iC8 to SeUu pfiOf to the expiratiOn of the Feasibility Stu<Jy Period Of Duy.... 155 deIefrnInatIotl d whether or ngt the Property is acceptable. euy..... failure to ~ with .. notice reQUif8ment '56 will constitute accepUInCe of the Property 8$ suIabIe for BuJer"e intended US8 in 11'8 -as is- condition. If ~ Property '57 is Una<:<:ecltabIe to Buyer and writtetll"lC)ticc, of this fact is 1imeIv deJivenld to Se...... this Contract w. be d6lemed 158 termi\8t8d. as of the day aftet the FeasNII:y Study period ends and Buyet's deposit(s} lIWiI be returned ~er Escrow 1S9 AgeIlt IeCeM!S proper auIhOlit.atiOn flOmal interested parties. ,.,. C (2) No Fell$ibilily ~ Buyer is eatiefl8d thet the Property i" ouitebIe for Buyer's PUrpose$. inducting being "I satisied that 9llher pubic 5e\llIenI(J8 and water are available ro the Prcperty {7 me Property wit be approved foe the ;62 InstaIeRion of a well and/or prlvale 8lIW8flI98 ClisP06li' system .w1l11hat exIsti1g mning and 01h8r pertinent regutauons 1G and reattIcrions, such as subdiYisiol1 or d8ed res1rictions. concurrency. gtooNlh m8ll8gement and emtironmental _ concitions. ate acceacable to 8..,.-. This Co1tract is noI contingant on 8upr CCIf1dI.Eting ~ f\J1hBr irMlstigations. ,. (d) Subdi"idecll..8dds: If this ContraCt" fc)r the pu1Chae of subdivided Iancb. defined bV Florida I.lM as .(21) Any '88 contiguous land whic:h is divided or is proposed 10 be cjvidBd for the pwpOBe of disposition "to 50 or more 1018. leT percels. units. or interests: or (b) Atty land, whett1ef contiguous or not. which is divided or proposed [0 be divided into 118 50 Of mom lob. pen:ela. units. or interests which are offered u a pa1 of a ccmmon protTIolionaf p1an.-. Buyer may 18t cancel tt1is Contract for at\V reason \NhetSoeII8l' for a period of 7 business days oom tfle date on ~ Buyer exl!Q1tes 170 1hi8 Contract. {f Buy. etecta to cancel within tile ~ pt'0IIided. eI funds or other Pl'~ paid by ~ wlII be 171 f&funded without D9Il8Ily or obligation within 20 days 01 the I8Cf!!ipt of U\a notice of eancellatlDn by !he deVeloper. "" 7._OF"'-~.""_""'_"__""_-~ 1Q or ~wiha ......, 10......... ..,liItIw~ iff_ill.....,... ,..d.rl.l~i ,~..... L-JlRI..... ~...I.,.,...,;....8I....KffWtif'.jM 1_; .... ...... . ,~ M.,.IlIJlW ,. ~ ..... .. 1",":>iIII1I' W ffIH. ....... # filii .... ~ _lfMIIMI/lWlfliill ....,.". 1111tJCil 39'i1d ::J-{I 213lTUns ~ Bl8EL69!S9E 0Z:QI ~0QZ/QE/q0 Philip Popovici 239-389-4824 p.5 ( C.R) ~\ , , i: ", Sep 26 05 12:25p , 80 .~ ~un 25 05 09:48. 239-388-4824 p.s Phil ip Popovioi m or If an eminent domait\ proceeding Is iniliated. geIet' wiI promptly Inform Buyer. Eithet P8f'1v may cancel thl6 Contract '18 by wrIlt$1 notice to the other wl1hio 10 days from Buyer'al\aipl of selten notlllcatiOtl. fal!it1g which Buyer wilt do6e in m accordance wtlh this Contract and receive all payments made by the gcvemment auahortty or insurance company. it any. 118 1'1TLE 119 8. TITlE: SeI8r wit cOlMIy marketable title to tha Propeny by statUtory wamu:lty deed or1JUStee. petSOnaI representative - or guardien deed as 8IlQl'OPriBte to SeUen statu&. , 181 (It) Tide E.mbWA. Ti1>> 8YItlenCe Will !hOw legal access to VIe Property aclCI marttetable tlIe of record 11\ Seller In 182 accordanoe >Mth cumII1t title standards 8dopIed by Ihe Florida a-. SLQM;t on" 10 the following tJtIe EDCDIIPIbns. .none d lID" \IIhich pnM!nlBuyet"s itt8tlded use of 1he PlqJeny as ~_d.al "--~ : cmenants. easements and 11M I9SbicUons of record; matters Of plat; EDdsring ZIOfIlr1g Met government I8gUlaIior1s; oil. gas and min8t8I I1ghlS Of ~ if ,. IhIn is no right Of enlry; CUIlWlt taxes; l11Oft989M 1het Buyer wi essume; a1d ena..mbranoB& that Seller wi! dilId_ge at '88 or beIore~. s.IIr WIll delver ~ Buyer SlIIIeR chclic;e done ofttte foIowing \YP88 d1lde evidence. 117 which must be genP.JBIfy ac:cc>tad in the COlInty wheIw the Ploperty is lOcated (apecify fn Paragraph 5(c) -:he eelectecl 188 type). SeIer MI use option (1) in Parm BB:h County and option (2) in MiaIri-Oade Coo~. . 1. (1) A UUe insunmce CXJIIIInIIment Issued by a Fbida-licer\Sed tide tIS..... In ttI\I amount of the purt:hese pnce and 1!11 subject onlv to 1itIe exceptioolS 8l!t 10nh in 1f1iS Contract and delivered no later than 2 days b8fore Oosing Date. I. ('l) An IIltbling lIbnact of 1IIIIe fQn . ~ and ~ 8bItract firm (If ~ is not ~ then abstract must bv 10:1 cenified as c:om!lCI bV an 9~titlg firm) purporting to be en lICCUl'Dte synopsis of the irlsbumenta ~ tiIIe to the 1911 Property ftlcorded in Ihe Pldc rec:ads of the county wt1eIe Itle Property is tocaIed SAd aJJllfted to etecUve Date. I,. Howe'Ier if SUCh an ab61nIa Is not IMIlIabIe to ~ 1h8n a prior owner'a .. policy ac.ceptabI& to 1t1e proposed insUIer I!llS as a ba&e for reislll.-nce of QlMIf8g8.. SeIIer.-ill pay for QOpies of all poIiey eKoeptions and an US)date In a forrnB;I: 1M ucc:eptBbIu to Buyer's cloSing agent from the policy efectNe date and certIied to Buyer or 8..,.n. do!Mg agent. ,,, together with c:aPn Of aI ~ rtded in Ihe prior poley ancJ Irt lhe updale. If a Pl1Ol' poliCy is not available to Ie Sell<< then (1) 8bcNe wJI be tre tide euidence. lltI8lMd8nce wt, be ~ no Iatw than 10 daJtS befor8 CIoIing Dale. lID (I)) ~ Exainin8tion: Buyer lIUiI examine ltle title evidence and deINer written notice to SeIItIIi withil 5 days from ~ l!ICO of tiiIe e\IiderIce but no later than t;bsinQ. oIlII1V dlItecl:5 that make the title lMlm8ItcelabIe. Seller wi. have 30 days fn:lm 2lJI receipt of Buy""" notk;e of defects C"'QJrado.oe PerIod") to cum the defecI8 III SelIer's expense. If &eIIet cures tM 2lJ2 detects Within tI1e CWatiW Period. SlIIer wiR deliver written notice to Buyer and the PlIftiea wi dose the lfansaCtion on _ Closing Date or within 10 daya from BUJI!F's receipt of Sellen notice if Closing Oete has pessed. If Seller Ie unable to aoe QM9 I:Ile defects within the CuratNe Period. Sri6Ir will oeIiv&r writrtn notice to Buyer and Buyer will. within 10 days li'om 205 r8Celpt of Seler's notice. either cancel tt1I8 Contract or accept tid8 wid1 8ld&mg defects and cloSe the transaction. - (c) ~ 8t.lver may, tJl'ior to C/osing Dale and 81 Buww's expense. have the Acperty SUMlY9d and deIiIIer written 20' notice to SeIIIw. within 5 dayS from neceipt or SUMlIJ bUt no later than 5 days priDt to CIOShg. or i1IJ'f encroachments 00 :lOll Ole f'WopeIty. encroar;;hmenlS by the ~ ~ on otlw Iand8 Of deed I'8Slriction or zoning IIioIation&. AIr'I 20CI such enaoechment or violation wi be tteeted in the same II18IlI'lef" as 4 . d8fect aut au,er's and Sel/er"s CbIigations 210 wilt be Geterminlld In ac:'lOOldanc:e wiIh ~ (b) abo'J8. It any pert of the Pmperty leis seaward of the coas1aI 211 COIl9tf1Jclion conlrOl &ne. SeIer wi PRMde Buyer wfth an :aIicIavit or WNf!1I 39 requIn!d bylaw delineeling lhe line's 212 location on the properly, unles& Buy<< waives thill ~ in 1lIIriIing.. 213 MISCEl.l.ANEOUS :n-t 9. EFFECllVr!! DATE; TIME: The "Bfectlve 081e- of this Contract Ia the date on which the last of me pertieS k1ltiaI$ or 215 sign$ the latest offer. TIIne is of the essence for all provisions of this ConIraet. AD time periods exl)l8SS8d as days wi! 210 be computed in business days (a "business day'" is every calendar day C!l(C;ept Saturday, Sunday 8nd nation8Ileg81 217 holidays}. If ~ deadIne .. on a Satunmy. Sunday or nationalleg8l hOliday. perforrnonce wII be due the ne:Kt business ;118 day. AD lime perlods will end at 5:00 p.m. ~ time (meaning in the county where the Property is looated) of ttle 21& appro(lriate day. ZlIO 10. NOIlCES: AI no6Ces will be made to Ule parties 8tld BroI<er by ms/I. pemonaI de/iYeIy or eIectJonic media. Buyer'& 721 ~ tD dIIIiuw IimeIf Millen noUn to SeIer, ....., 8UCh notice Is ft!!Il:IIliIed by" 0anIIacL IlIGIf'IInG ay ODI1tfngel'ICles 222 w1111l!lndw" ~tcY .... end wid and the Contract .. be consIIUId .. if ... c:antil1Q8I1CY cId not 8Jdsl AIry ;Q3 notice. dac:umIInt or ..... given ID << I'IlC8Ived br an IIltorhaly _ 8Idw tncIldng . ~ broIlert ._..._.(19 a 224 petty will be sa ~.. if given to or by ..... 22:5 11. COMPlETE AGREEMENT: This Contract is the entire agn;Jeflleflt beMeen BtIyer and SeIer. Except for brokerage ll!5 ~ no prier Of" pnnBtt 811186ae.- .. bft:f eu".; SelI8r or Sn*er unIe8s jncOlpGr.lllld inID this ConbaI:t. ro Modlications d!his CorItract wi not be binding unIe9s h WI'ftqJ. signed or initialed and ~ at 1he pgrty to be bowId. - This Contract. signatures. initials, documents referenced in this Contract. counterpatts and wriuen modifications ~ convnunic;ated etedrOniClIIIy Of an paper wit be aooeptdlle far 811 purposes, n:Iudng det.ery. lW1d wi be binding. Handwrilten 290 or ~ terms inserted iI'1 or attached to this Conlract PAIJV8iI CMJr .,......Illt\::d temls. If any PIOYisim 01 this Q:nIract Is or :l31 betDnes tlvaIid or~ a111811B1tling prowisions wit oonlInue to be Yy errective. eu,.r and SeIer wII use diIIgencB 232 and good faith in petfonning all obligations under lhilo ~nt. This ConIrec:lt .. net be reccxdod in tII'Iy pubk records. 239 12. ASSIGNABIlIn'; PERSONS BOUND: Buwet ~-fT1 this Canlmct without SelIet's wrilten consent. The teIms 234 .~r.""SeIer: and "8rtlker" may be siI'9Jlar Of aI. Thic 0iJntIact is Imc:Iing en the heir&. admirli8bBtOml ~i '" _...--~-;-.. .-....- .. __~LJ..,.... ~__t_ fflf8llilfi'6lIIirMHI,..M1e" ~g 1 fJ8:iJIii: WGe .... ...., . ~ ....___ . 1IId.- \! ... 11 J..... tfliMj. ..,.~ ' .. ...... .."., _1i.M~~";_; -" h7:/CCl ':l1:'lt1~ QZ:Bl 9@QZ/9E/9Q '1NT ~>I'':l(nTf'N ~ R/RF:JF.<;l;AF: Sep 26 05 12:2?p Philip Popovici ~un 25 05 09=498 Philip PopDvioi 239-389-4824 p.6 C~R) j l , 80 .~ ~39-3S9-4B2" p.6 2Sr oa;wLT AND DISPUTE AE'SOLUTION ZIS 13. DEFAUI.:r. (:at SrIIar 0IfauII: r \'0( anr AIalIOfl 0Iher than faiur8 ar SeII8r to m" $eIar"S .. P'I8Itc8l8bIe after digent 4!ffDrt, Dt SIhr fails. retJse9 at negleCtS to pedcrm this Contract. Buyer may choose to recsiv8 a J8lUrn of Suyet"s ctepOSft wIlhOut 240 waMng lhe ~ to 3ellk ~ or to seek ~ ~ as pet ~.14. .....,. alSD be IiIIbI8 to Broker for ~1 1he U amount of !he ~oage ... (b) euwer 0er8UIt .8upr faIs to perbm ItlIS Q:lnInIct wiItlin 1tle tine speciIied. inckJdng :!t2 timely payment fA aI dePOSIlS. Sew. may chOOIe to tefain and coIeCt all depoBiIS psid and aQl88d to be paid 88 IquIdated ,e damagea or to seek spec:ific performllnCB IllS per Plnglaph 14: and BroIcr will, upon dE:rl18nd. nIC8ive 50% of all ~ 246 paid and agreed to be peid ~ be split equaIIv among ooopermJng brokers except when d06ing dOeS not oc:c:ur clue lO au,.. 2<<i not bl*1g ebIe 10 S8QJI8 fInancfr1g aft.I!r ~ a CornmIIfrMn. In wnIcn case ~ portion d.. depositS WlII go 6ClIeIy 2016 10 the listing bmkeI1 UD to ttI& l.aI amount of 1I'Ie brok8I'ag8 fee. 247 14. DlSPUlE AESOLUllON:. ThIs ConlraCt wi be oomIrU9d l61der Aorid8 law. AI contn:Mll$iss, dains. and olher matterS In HI question arising out 01 at relatilg to this cnn;aclIOn or this Contract or lis bAlElCh wi t)e settled as foIows: 2<<1 (:I) DlepI.... .........../ling ~ to cfeposib made ....t .....-d ta be made: 8uyer end Ge.... wi haw 30 dRys from 250 the date conticting demands are mede to attempt to n!llIOIve ttw di&pute 1hrDUgh msdiatian. If 1hat fais. Esoow Agent 251 will SlJ:lmit 1h9 dispute. if so ft!qIJinKt by Florida law, to Escrow Agent's choIc:e d artJitration. a Rorid8 couct Of the ~ Florida Real Estale Commission. eu,er and 8eIIer wi be botnd by any I8SUIling sward. judgement. Clr ocder. 2S.1 (b) AI ou. dIlIIpuIes: Buyer and SeIer willtaW 30 days from the date a dispute arises IS'NeEln them to attempt to * IltS~B lhe matter through 'medla1iOf\. IaIIll'lg WhICh 1he Q8ftieS will tesOlve the di6pute thr'OUgh neun-aI bIncling 35 arbitration in the county whenI the Pmperty is loCated. The 81tJintor ff'fIIII not aItef the Conbact teRns or award fIIYII 256 remedy f1O( provided for in this ContraCt. 1l1f .-d MI be based on 1he greater weight of Ole 8\IiderK;e and wiI 2fi1 sCale findings of tact and the contracblal authOritY on which It hi bII5ed. If the parties agree to use discover)I. il wi1l 251 be in accordance with the Ronda Rutes fA Civil Procedure and the arbitrator will resolve all discovery-related 2lII dispu!eS. Any dsput_ wllh 8 reaI,e61at8 IicenBee named in Peragraph 17 will be 8Ubmftled to ~ only if &he 3IlI Iicensee~ br'oI<er COf.sents in writi'lg to bec.otne a party to the ~. Thi; clause willU\1iv8 clOsing. ., tc) MediaUan and ArbIUaIIon: ~--4~ "MedlatJan- Is a procese In which partieS attempt to Alsc1Y8 a dispute bV 2l!o2 submiltIng It to WI impenUlI medlalOf..whO faCifaIes ItIe IllI&OIutign of the dispul8 bla 'tAlO 1& not empoweted to jmpOII8 a a&3 settlement on the parties. MedIation wi ce in accotdiInce with the njes d the American ArtJiIraI:ion .A.ssocialIon rAAAi ~ or other medalOf' agreed on bj the parties. The panies wi! equaIIv dMde the medlalion fee. if ~ -/UtlItralionw is II >> proces& In 1IIItlIch 1he parties resofye iii dlspu1e by . hearing befont . I1fJlJtRII penson who decides the matter and wholMl _ decisi>n is llindlng on the pe.rties. ArbiIration ~II be in llCCCItdanoe with the rules of the AM. ex other arbitratOr agreed 2fi7 on by the pIllI'6eS. Each party to any ~ wit pay its own tee9, CO!Its and expeoses. incIudng attorneys' fees, and _ wil eauaIJy splt the arbitrators' fees and ad~ fees of ~ In a civil action to IlIf1fon::e all etbiO'alion 269 award, tJ1e prvvailing party to the arbitta'tion shall be entilIed to recover from the nonprevailiflO party reasonable 2'0 attOrneyS' fees, costs and 8lIP8l'l&8&- al escROW AGENT AND BROK&R m 16. ESCROW AGEN'f': Buyer and Seller 8IAhoria Escrow Agent to receive, depoeiI and hold funds and other itemS in m B9Cf0wand. SIJbject to cl88nsnc8. disburse them ~ proper aJthoriZation and in accordance wilh FIoltda law and the terms ".. of this ConlAd, Induding di8bur8inlJ bmkenlge.... The paIt/e8 8gl88 that E9CIUW ~t will oot be tietlI8 to eny pel1lOl\ b' 275 misdeliuery of ~Owed Items to Buyer or SeIer. unless the misdelvery is due to Esoow Agenfs wiIIuI brBach of this 2,. COllinlct or gross negligence. If Esauw Agent imerp!eadS the 8Ubject matter of the escrow. Escrow Agenl wi pay me 211 filing rees and costs 1fOf'n the dePOSil and wiH fOCOVAr maAOnIIbl8 attomey8' fees end cacts to be paid from the l78 escrowed funds or eQUIV8Ient and charged and awarded as ccut costa in faVor of tile prevaiing party. All claims 279 agBinst Escrow Agent will be erbitl1lltcd. :so long 88 Escrow Agent c;unaenls 10 afbltrate. '*' 18.. JIAOFeSSt()ML ADVICIi; BROICER LJABII.JTV: ElroIc8r advises Buyer ..s SeIer to WIly as fads and ~ 2111 that are IIlW\"jtt to tt,&rn and to ccnsult an appItlpiale professicnal for 1ega18dvice lb' 8JliIP1lIe. ~ conInlC1!S. _ determining me effect of I$WS Ofl Ih8 Propen.y and Jransaetion. l$f8lUS r:I tidB. for8Ign lnveSlIOt repontng teqUlrements. ere.) a:s end for tax. properlY condition. envimrwneotal end oth8t spec:iaIized actwiee. ~ act<nowledges that BIOk9r doe6 not. :lIlIC reside in the Property and rJlat all ,epr86elltations (01'81, written or ottJ8IWise) by 9roker ate based on Seller l!lII:I ~entations or public teCOtds. 0...,..- .,.,... to n!Iy solely 011 s.d8r..,.....r .- -,w ....,..AOo.. and go"lM~ 2IIS agencies for _Iio.ation of the P<<IQMty c>>lIodIiuft ... fadS thai .......... lIIfeet property value. Buyer and Seller a? respectIVely will pa'f all QOSts and expentea, incIudflg l'8aIIOrlabte attorneyS' fees at all IlMIs. inGum!d by Broker end ~ B~ o1licet8. dlrectOf8, agInt8 end ~ .. connection with or erilIing from Buyen at SIll...... missuuement Of alii faibe to perform connactuaJ obligations. Buyer and SeUer hold ham1le9!I and releBSe Brd<8r and Broker"s olficers. 2IlD CJlteCtors. agen15 and emplOyeeS from aIIliabilily for IOS8 or c:Iam8oe based on (1) Buyer's or Wer's missIBtement or 2!ll faaJre to perform contractual obligations; (2) Eltoker's performance, at Buyw's sndJOI' S.'h.,... request. of any task 2Il beyond the S<:ope of 3eMces JeQUlated by Chapter 475. F.5.. as .-nended.1ncIuding 8ro1air's nJIerraI. .vcommendaliOn or Z83 retention fA any wnc:Ior. (3) pmducts or stII'IIC9S pIOVIded by tInf vendor. and (4t upenses inc<<.Wred by any wndor. au,. 28'1 arid SeIter each assume fUll responsibiily for selecting and c::ompensaJinO their respective \Iend(n, This paragrad\ will not 2915 relieve BfDker of 6tatutorY obIIgafoorIs. For PlM'1J058S of lhIs paragcaph. eroker will be tteafed as a party to this convaeL 2118 This paragraph wiI suMve cfo8ing. _ 17. ~: The icsnsee(SI) ~ ~ biIOW *" ~ ,.. to .. "IriMf.' IIUIIftIItioR tit eiItitw tie ~ SeIfer _ 8UJ1f csnet . dIbuA;I . ... fie .. IIIIIIft uI tII bNillt'JllliID. ... iff *' ~^ L-J....~ ~~iJIfJI!!p!~iJ,.iI__/..,i_jll ,.; w&e' .. ...I1la. . ,.. ...--- ~ -~ :11III. .~. ...... --r"" ~ ~lfyj. .!' fIR IiJIJIM .Im _dM~!l!JIl ..... b7fQCI ':lCIt1... ~T C;>I'~'n TM :'lt1W RJRJ::Jf;<;GQ€ QZ:91 ~BQZ/9E/9Q Sep 26 05 12:28p Philip Popovici 239-389-4824 p.7 "~;l-~ '~~ 180 Jun 25 05 09:50. - , Phi.lip PopOvic! 239-389-4824 p.? 3lIO aepvate brokerage agreements wiIh the partles and cooperative agI~ between !he brokerv. except to the 9lC1.errt. 8ln Bmkel' has I8t8in8d filch fe88 fmm the esc/tJWllld Iunde. In 1he ebMrlce cI suet! bn:lketage agl88l118nts. cIolWlg agent will 3112 disburse brokerage fees 89 indicated below. This peragl"8f)h waf not be LJ9Bd to modify any MLS or other offer of 3113 compensation made by ... or listklg broker to coooeraling brokBrs. 3lW PIIll.lP PoDGnd. DI" SllI6lf$;M;~NQ. I:ld.e 0lUde hal.ty - ..:as~ &a. SeJ.l.ar s.ev~""IJ".IIlIPlI~l'tDII ..2ft .. R/A. 3ll1" t.il81!Js..~I\b. LIIdi'IrI 30IJ AO~ppt5 ~' ~ .. 18. MlOI1IONAL 1ERMS: e.s. a-'I"" ""' ,~.,..t 1:'" f1~ ,,' If, ~ 31V' CODI:b19_t: upoII .,.. r 1.. ...~..oW.I. aad U...~ o1lpprovel rJ:'Olll liiU' coual::r t'OJ: ~- ~ - .a1"IRIIl.U-fPlily ree.t.dent:j,a~ \UI1~.. Cloe1Dg _ball take p1ae. OD. OaUtMlr 11. :ZOCl~OI:' 3Q 512"deyw af!ltflr 1.~. ot _1. pi.. ""l'lIlAl aDd. f1oa1 -WroYlll r~ COJ.lier C01ID1:y... 3IS"whi.Cb ever :L. l.at:te.r:. &;bou1d ...~_ ..1 I' _,..~.,... fiAa~ approval. DOt be 5104"~d,~~ f:na the .ef<ect.:f.~. dat. o~ uu.8 coauac~. eta ... ._~.... ~ ::,::~~~:::';:::." ~~:...~'"~.-~.;:::-;:.:~~~~:~~ ~_... ~ :~ -t'.-nk-. .~14~ -- ,,,-,1..,,,-"1 ;v.._.",~ 'fH,g c-"/a...1 ~ Mf Vc/.$t"/s _\4~ 3'41' 5''''\ ~ r-Mrt\,l\.4.t"~"b IM_,-t'-""t. 3m' I ]21' ::. At t4 ...... -r 14 rH"'/';r f~M'" , * n....I' ,. (-*!k ~ :: J r~ .._t. ,.> 1.& '7' tJ." '1 ".... -...... t .-II. 0...".. ~ ~ /.,4/ "" <--f. :: N,., /l~f&7~.It1-g/... .1:l9' 3:Q' 311" 3Sl' llIG' :EM' :J:!Ii' SIll' 3S7' 39Ir SIr 3CT Jar SC' !Il1l' SU' -. 34Il' 34T -- -- 3filT 35" 3!V .. 3Sr ~ = ~II L-}........ 01/ c.......J...'d"...u...."W_.....,.....IlJ!IJt.. f""'; \IIC.8 1iMM OaJiAMil~'-""'" AI........ ---a. al. ... 1h""'.... Coo jft"D ........ - ... ... SMhrJ ww.......'-...... ,..... "'7lln '=:JC\WJ ...".,T cn.r:In" Tn<f --.. Q/Q~/-=.CCQ~ a7:aT caa7la~/qa ~ep 26 05 12:28p Philip Popovici 239-389-4824 p.8 ( (J.) , 1 t , 80 '<t "t Jun 25 05 09:S1a . '- Philip Popavici 239-389-48Z4 p.8 3SI This is ~ to be a legally binding conInd.lfnat U'f undMlIocld. ......... at., lIIIiDrNV prior to signing. 3lD OfFER AND ACCEP1MCE 3111" (C1wdc; if BppIilCIab(<< Q au,. ~ a WfIren n:aI PRlPCrtY dI8CIosuI8 starement from "r IJeIbe maki1g 1his ()I(ar.) 3Sl Buyer oIJefs to purct18Se the property (lII tne 8bOlIe tenns and conditions, UnIes8 this Comract Is sign9d by Sea.... and a __ copy dcIveled to au,er no taler then !I :OD 0 am. )(p.m. 00 ~ -"'"5 . os this 0"''''' ^~ 3l\l reded ~ Buycn c:f8IX)8it refunded subject to or tund&, ~fJ"f (, 1?~ K.7 3tIr Date: .. Phone: :8' Fex: 3PO' E-mail: ~J;JljJD~ , I Buyer: Prlnt ncI1la: ... Date: s. a.. h_1..t: - JIIu:_ 41 n Sf 8C~. Sh. D-IIG1..... Fl_J... 3S:LB 371' Dee: 3?2' Seller. Print namB: :u:r Date:~. ~-..~ SeIJ<<; :Jr.' Phone~-~ -~"), 0 Plintname: '75" Fax: AdcIleSS; :mr e.mai: t..~o!~ 6t. .4Df . c.!JI'III VI COUN1'EA OFFeR! REJECTION 3'IIr' Q Seller ~ 8uyra oIer [10 eccept .. OlUller atrer. au,. must sign or iri1ief the ~ ofefed 1Ilrms and deliver a S1Ir cow of !he ~to SeIfer by 5:00 p.rn. on . --l. 0 SeIer AIjecIs BuJer'!I 01Iel'. .. (11'18 dIM an 1lltIieb lie.... -'Y IiilJIed orinlilllld ~~ "'"final Gfter.) 38.' Buyer L-J anCI Seller L-) ~ receipt 01 a c:opy of \his pege, which is Page 7 of 7 Pages. ... ........-..... ................._.....l IJ _.....--..............,..-ar__....iIIMllIC ,. ....... ......, - ---...............----..........................--...............-.,...-......---, _1a_......ID~..-_._ -.-............OlIIIIIoe.............._nIlIIl'..-....,......_.--.....__91... ......--.....-....-__......._....0IdI__ 'lNCllllIIOQIM""lNIdSllMan rWlCOilltbllid ~lIpIlCidIIncl"'__II!/___""""CI'-'-"'" VAC-8 R9o< 10104 02<XM Florida AssDl:IHcln f1 ~ ,.. flIgraI ReeIIMId nt. aoft._l:e ia l.ioea.ecl Co Ift:il PopcrI'1ci - urr Cllarde lIealqoJ _.1Deta6U0Ea8.c:aa. ~ar 117./Rlll ~~ ~T c:;",r~n'Tf1A :"It:lW RIRI='Jl:.CCal=' D7:aT CQQTJQ~/Qa ~ep 2 6uO~u, }? : ?~P______,_s:'_h i }_i'p_s:'~P_" v ].~~_i 239 -389 -=_~~?~.____~~.- J 80 (CR') I, ~ I . Jun 25 05 09:51a Philip Popovici 239-389-4824 ,..9 Exhibit'" A " LEGAL DESCRIPTION All of Block I (Lots 1-7), Block 3 (Lots 1-6 and vacated Cane Del Ray) and Block S (Lots 1-7 and vacated Calle Del Ray) PALM SPRINGS PLAZA, Unit No.1, according to the map or plat tbcRof as recorded in Plat Book 8, Page 21, Public Records of Collier County, Florida. Folio Numbers: r-65720040000.--i r-6S720080002 -l C~~~~~200~!:J i 65720160003 ; : 65720200002-1 ]65720240004--') C~~?~~~~~J ! 65720600000 ~ ;--65720640002-1 r'"~-'-- ..---. --....--..-, l 65720680004 ( r=~_~_~~_~J~~J i 65720760005 ; [~~~~~(~j i 55721080001 i ;"465721:;-20000--\ cSS721160002-l ~_.-___~__~......_ ._....__...___.--t L~~!212~~_.J i_~~~!~,1_~~3_j j 65721280005 : r----.-~-...........-.-.....-..........: \ 65721320004 ; , ' ._________.______-i _(VIIy8)~(IoIIor)~ Paaolofl ~ _.1'" _.....__..,.,. -""'.1 ^,nrJ~r~n~ n7.~T ~nn7/nc,on Sep 26 05 12:30p Philip Popovici 239-389-4824 p. 11 ASSIGNMENT OF CONTRACT FOR SALE OF REAL ESTATE J 80 [CR) ,.,. I ;'.; nns ASSIGNMENT. is between., Macao InvestOlent. Cort>- a Florida corporation, hereillafter refcrred t(l as "Buyer", and Mac Builders, IDe.. a Florida corpordtion. bereinafter n:ferred to as "Sellcr" and Florida Heritage Development, L.L.C.. il Florida corporation, hereinafter referred to liS .. Asl'ignee": RECITALS WHEREA."i, a. Contract for Sale of Real E.sta\C was entw::d into beating an eff~tive dale .,f June 30, 2005, between Buyer and Scller for Ole sale and purchase of the following re'.d property IOCllled in Collier County, Florida: All of Block I (LoIS 1-7), Block 3 (Lots 1-6 and vacated Calle Del Ray) and Block 5 (Lots 1-7 and vacated CaUe Del Ray) PALM SPRrNGS PlAZA. Unit No. I. according to the map or plat tbcn:of lIS recorded in Plat Book S, Page 21, Public Records of Collier o.>unty, Florida. . Parcel I'D No.'s: 65720040000; 65720080002: 65120120001: 65720160003: 65720200002; 65120240004; 65720281)006; 65720600000; 65720640002; 65720680004; 65720720003; 65720760005: 65720800004; 65721080001; 65721120000; 65721160002; 65721200001; 65721240003: 65721280005: and 65721320004 (the ~Property"), WHERE.-\S. Ihe Buyer now desires 10 assign the Contrncl fOT Sale ofRcal Estate to Assignee, and the ^s.~ignce de~ to accept the assignment thereof: ASSIGNMENT AND RELEASE NOW, THEREFORE, and in cuasideration of the sun ofTen Dollar.; ($ 1 0.00) and ather valuable consideratioll. and the agreement of the Assignee. hereinafter set forth. the Buyer hereby assigns and transfers 1'0 the A85i~ee and it~ succcssors aud assigns, all of bi.~ right, title and interest in and to the COnlrdct for Sale of Real blale herein described, and the "':;signee herebyagtCC$ to and docs accept thc assi~'1lment and in addition expressly assumes and agrees 10 keep. perform. and fulfill all the terms. covenants, conditions and obligations required lO1:>c kept, including making of ali payments due to or payable on behalf of the Buyer under said Contract for Sale of Re:l1 Estate when due and payable. Huyer shall provide Assignee with all the due dili!!encc infonnation a."\dlor development illformalion available regarding said property_ Assignee- foI:eY_ef releases Buyer from any fiuthc[ obligalioo."I, and asswnes all terms. c.~ndilions and lia?ilitY.!b~JlieJJndert)'ilii!. contt-<K:t,by lUld belween Macan Investment. / Corp and Mac Bullde~ lnc.. dated June .)0, 2005. ' ,,' ,,'., ,..' ~ J .'n_-'~~is ~sjgnment shall be binding on and inUl'c to the benefit Of'lhe parties h~. their successors in in<<.'t"esr, and Dssign.<;. Florida Heritage DevelopmeD.t, L.L.C., a Plorida Limited Liability Company, Assignee ..,/ --'''-' B\': .... ..'~.,,"~' . Dennis Frc~Mmaging Member Date: Maean r ~'estmeDt, Corp.. 3 Florida Corporat rip. Buyer l Dale: 4t(t) S- Page I of! - . Division of Corporations Page 1 of2 C~; -";1 ~ ~._-_.__.__._-_.:~_..:""':""-.~~~"~'~..._-~._~---~-~--~-~-:.~"':-"~~-'---'~'-'-'-:-~'-'-"-'---"-'--'~"~'''--'~-~':"'~'-~'-"-":"-'~-'---'-".-~---"--~-"-----'---~" Florida Limited Liability FLORIDA HERITAGE DEVELOPMENT, LLC PRINCIPAL ADDRESS 5770 SHIRLEY ST. NAPLES FL 34109 Changed 02/26/2004 MAILING ADDRESS 5770 SHIRLEY ST. NAPLES FL 34109 Changed 02/26/2004 Document Number L03000006854 FEI Number 200193904 Date Filed 02/25/2003 State FL Status ACTIVE Effective Date 02/25/2003 Total Contribution 0.00 Registered Agent Name & Address SIESKY, JAMES H lOOOTAMIAMI TRAIL NORTH SUITE 201 NAPLES FL 34102 M 1M b D ta.} anager em er e 1 I Name & Address " Title I FRECHETTE, DENNIS B 5186 BERKELEY DRIVE NAPLES FL 34 I 12 DEL DUCA, MICHAEL A B 5770 SHIRLEY STREET NAPLES FL 34109 . Division of Corporations Page 2 of2 ~R) , BD , ':'~ ,', \,' t~4 Annual Reports Report Year II Filed Date 2004 II 02/2612004 2005 1\ 04/29/2005 Previous Filing Return to List I No Events No Name History Information Next Filing. I ,--.---~-_.._-~---"-----"-"-"''-'----~----'---''--~'~'--.~.__._-~----~--~--_..._-,~-_.- Document Images Listed below are the images available for this filing. Q4129L4_00,s -- ANNUALJtEPQRT O~/26/2Q94 ~~ A.NNJffiPj(JNIfQRMaU~LREP 02/25/2003-- Floric,tl Limited Liability THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT <._._"_____.._"._.___._____."_..__~_...,.,...___..__~_____.._._....~_~___."."u.____~.._.~_~.....~........_._...__.,_..__.~,~.__________._._~.~.~___.~_..~.._.__....,---'''~'.-'-'''- . Division of Corporations Page 1 of2 CCR~ BD 'I ,~-----_.>-~._._----_._.~-:--.~._---_.~--~---:----'~~_..:-:--"':~~----~_'~_'-'_'-~_"'_---_'_~,-~.~~--,..~.q._-, Florida Profit MACAN INVESTMENT, CORP. PRINCIPAL ADDRESS 11958 SW 72 TERRACE MIAMI FL 33183 Changed 05/01/2005 MAILING ADDRESS 11958 SW 72 TERRACE MIAMI FL 33183 Changed 05/01/2005 Document Number P03000020640 FEI Number 810598327 Date Filed 02/2012003 State FL Status ACTIVE Effective Date NONE ,-_.-.-..--.--._..._.._~-~-_._.- ...._..._-~._---_._.-... ......._.__._._-_.~....-._.._...._._..._._.._-,..._'.----_._._..._.__...._----,_.._...__.._._.__.._~-~... ......--....--..--...-.....-.......---.--.--.,-.-.-------.........-_.. ".,.-- eglstere .gent I Name & Address I MACIAS, JUAN C PRES 11958 SW 72 TERRACE MIAMI FL 33183 I Name Changed: 05/01/2005 I I Address Changed: 05/01/2005 I R dA I Name & Address /I Title I MACIAS. JUAN C B 11958 SW 72 TERRACE MIAMI FL 33183 Officer/Director Detail II Annual Reports II ,I 1~.u..__. t'-___ 1 . 04/3012004 05/0112005 r I I I Page 2 of2 . Division of Corporations D ....... (fR~ Report Year 2004 2005 II II II ~r :,1 r: Filed Date ~___________~_____.,..___"'..~_.____~~,..__~.~____w,...".___,_._._______,____.__~_~______.._~..__,_._,_._..____ Previous Filing Return to List I No Events No Name History Information NeXt Filing I Document Images Listed below are the images available for this filing. O_5[QIJ2Q~5 --ANNlJAL REPQRT 04L3QfZO_Q4==ANNUAJ,.. REPORT 02/20/2003 . -:- Porn~stic::.Pr()fjt THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT {"........_...................._.__....___.._............___..__._..._m......__m_._..___..__._._..............__..........._._--:-.__._.._._m.._.'__..._...__......___.._...-:-m..'.....~...-:-:..........:__.:__._-::...__.........._.___.......__...__._-. 80 STATEMENT OF COMPLIANCE The development of approximately 10.76 acres of property in Collier County, as a Planned Unit Development to be known as MAC 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 MAC RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Proiect 1. The subject property is within the "Urban (Urban Mixed-Use District, Urban Residential Sub district) Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element, specifically under the Conversion of Commercial Zoning designation which permits a density of up to 16 units per acre (upa). 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project will comply with Objective 2 and Policy 2.3 of the Future Land Use Element which requires the provision of adequate public facilities. Through the location of this project in the Urban Mixed-Use District, where more intense land uses are directed, compliance is furthered with respect to these policies and objectives. 6. The projected density of 8 d.u.'s per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the maximum permitted density of 16 units per acre for Conversion of Commercial Zoning. The adjacent densities and intensities range from 7 upa to C-4 type uses, so the parcel at 8 upa performs a transitional zoning function. iv 80 SECTION I PROPERTY OWNERSHIP AND 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 MAC RPUD. 1.2 LEGAL DESCRIPTION The subject property being 10.76 acres is described as: All of Block 1 (lots 1 -7), Block 3 (lots 1 - 6 and vacated Calle Del Ray) and Block 5 (lots 1 - 7 and vacated Calle Del Ray), Palm Springs Plaza, Unit No.1, according to the map or plat thereof as recorded in plat book 8, page 21, public records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is under the ownership of: MAC Builders, Inc. 15841 Pines Blvd., #388 Pines, FL 33027 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the South 1/2 of Section 34, Township 49 South, Range 26 East, more generally described as the northwest comer of Radio Road Extension and Palm Springs Blvd. B. The zoning classification of the subject property prior to the date of this approved RPUD Document was C-2 and C-l. 1.5 PHYSICAL DESCRIPTION Surface water management for the project will be designed according to South Florida Water Management District and Collier County design standards. The system will attenuate the 25-year 3-day storm even as well as meet current water quality treatment criteria. 1.6 PROJECT DESCRIPTION The proposed plan of development if for 86 multi-family units to be built on 10.76 acres. The buildings will consist of 2-story town homes and will be grouped in buildings of differing unit counts as identified on the RPUD Master Plan. 1 1.7 SHORT TITLE This Ordinance shall be known and cited as the "MAC Residential Planned Unit Development Ordinance." 2 80 80 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and 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. Regulations for development of MAC RPUD shall be in accordance with the contents of this document, RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. 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 definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of MAC RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02.00 Adequate Public Facilities at the earliest or next to occur of either fmal SDP approval, fmal plat approval, or building permit issuance applicable to this development. 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 graphically by Exhibit "A", RPUD Master Plan. There shall be one land use tract, plus necessary water management lakes and, street rights-of-way, the general configuration of which is generally illustrated by Exhibit A. 3 80 " LAND USE TYPE Multi-Family UNITS 86 PRESERVE AREA COMMON AREA ROADS/ROW MULTI FAMILY BUILDINGS 1.3 acres 5.3 acres 1.8 acres 2.3 acres TOTAL: 10.7 acres 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 all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 10.02.05 C and 10.02.12 respectively, of the Collier County Unified Development Code or as otherwise permitted by this RPUD document. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 86 residential Multi-Family dwelling units shall be constructed in the total project area. The gross project area is 10.76 acres. The gross project density, therefore, will be a maximum of 8 units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A" RPUD Master Plan, constitutes the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the RPUD Master Plan. Any division of property and the development of the land shall be in compliance with Collier County requirements, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County Unified 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. 4 80 D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of the Collier County Unified Development Code prior to the submittal of construction plans and a fmal plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES (See LDC-Sec. 5.04.04) Model units including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: a. One "wet" and 3 "dry" models may be constructed following administrative plat approval or Site Development Plan approval. Models will be located jointly within a single building. b. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. c. The "wet" model may be served by a temporary utility system with ultimate connection to the central system Interior fire protection facilities in accordance with NFP A requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. d. All other regulations pertaining to model homes shall be consistent with Section 5.04.04 of the UDC. 2.7. AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to the RPUD as provided in the Collier County Unified Development Code, Section 10.02.12. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Unified Development Code, Section 2.03.06, where applicable. 5 80 SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" for Multi-Family Development. 3.2. MAXIMUM DWELLING UNITS The maximum number of dwelling units allowed within the RPUD shall be 86. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (1) Multi-family Dwellings, townhouses. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) May include conunon recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences, which have the use of such facilities. 3.4. DEVELOPMENT STANDARDS A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel boundaries or internal rights of way, except as otherwise provided. B. MINIMUM LOT AREA: one acre. C. MINIMUM LOT WIDTH: 100 feet. D. MINIMUM YARDS: (1) Front Yard - 25 feet (2) Side Yard - 15 feet (3) Rear Yard - 20 feet (4) Distance between principal structures, including conununity clubhouse - 25 feet. (5) Setback from preserve or Conservation Area; 6 Principal Structure - 25 feet Accessory Structure - 10 feet (6) Minimum distance from any residential structure to an accessory structures such as the pool or clubhouse - 15 feet. E. MINIMUM FLOOR AREA: 750 square feet F. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Chapter 4 of the Collier County Land Development Code, where applicable in effect at the time of building permit application. G. MAXIMUM HEIGHT: (1) Principal Structure - 35 feet with no more than 2 stories above the minimum base flood elevation (2) Accessory Structure - 25 feet with no more than 1 story above the minimum base flood elevation 7 80 80 SECTION IV CONSERV ATION/PRESERVE AREA 4.1 PURPOSE Conservation/Preserve Area - The purpose is to preserve and protect native vegetation and naturally functioning habitat in their natural state. 4.2 USES PERMITTED The subject property contains 8.8 acres of existing native vegetation. A total of 1.32 acres, or 15% of the existing native vegetation, must be preserved in accordance with the applicable requirements of the Growth Management Plan and the Land Development Code. The RPUD Master Plan shows for 1.2 acres of native vegetation preserve. The additional preserve area required will be determined at the time of development order permitting. Minor adjustments may be made to the boundaries of preserve areas as shown based on permitting considerations. No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required: A. Principal Uses: 1. Passive recreational areas, boardwalks and recreational shelters; 2. Pervious nature trails; 3. Water management structures; 4. Mitigation areas; 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 8 80 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of applicable sections of the Unified Development Code shall apply to this project even if the land within the RPUD 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 RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 5.3. RPUD MASTER PLAN A. Exhibit A, RPUD 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 final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 10.02.12 of the Unified Development Code amendments may be made from time to time. Building locations and configurations shown are conceptual and may be altered as to location and size provided they meet the development standards of this document and applicable sections of the land development code. 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. 5.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. The proposed plan of development includes commencement of construction in 2005 with a 5-year build out of the project. B. By the time building permits for 50 residential units are issued, the developer agrees to have constructed the swimming pool shown on the RPUD Master Plan. By the time building permits for 75 residential units are issued, the developer agrees to have constructed a clubhouse facility with a small room for exercise purposes as generally shown on the RPUD Master Plan. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowner's Association. The Homeowner's Association by-law's shall 9 80 include a provIsIon that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowner's Association. A description shall be provided for the location of land and facilities to be dedicated to the County, their use and function together with acceptance by County. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. C. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.12 of the Collier County Unified Development Code. 5.5. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICEIREGULA TIONS The roads within the project shall be constructed as private roads within a 50' ROW. The approval of this RPUD constitutes a deviation from Section 10.02.03 .8.1.xlll (d), Sidewalks, of the Collier County Construction Standards Manual with regard to the requirement for sidewalks on both sides of the internal streets, amending the requirement to provide a sidewalk on one side of each street, due to the streets being constructed as a private road. 5.6 ENVIRONMENTAL A. This RPUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This RPUD shall comply with the guidelines for the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site/Plan approval. C. Preserve areas are to be created as tracts/easements with protective covenants and dedicated on all plats to the homeowner's association for ownership with responsibility for all maintenance, as appropriate, and to Collier County with no responsibility for maintenance. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. E. A Preserve Area Management Plan shall be provided to Environmental Staff for review prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All approved Agency (SFWMD, ACOE, FFWCC) pennits shall be submitted prior to final site plan/construction plan approval. 10 80 ,',1 5.7 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a RPUD Amendment is to be processed. D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, codified as Chapter 74 of the Code of Laws and Ordinances, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will 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 developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created 11 80 by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. 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. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. 5.8 WATER MANAGEMENT The water management for this project will be review and approved by Collier County. 5.9 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model unit. 5.10 SIGNS All signs shall be in accordance with Division 5.06.00 of the Land Development Code. 5.11 POLLING PLACES Pursuant to Sections 2.03.06 and 2.04.00 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement is to 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 that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.12 PLANNING The developer shall request from the County Transportation Division, a temporary construction access permit off Radio Lane. 12 -,~~ ~a I" ! ~ II . .11II-' : ~ ~ !I~~I nll!~ Jlil~ii; I If- -- ~~.I!~a ili ilB ~ II!U U~ili ;Url;h~ i I~ i ~ ;\;~ ;li! ~ii~i il~i I 51i~ h~i i I~I !!ij .\ Iii! iill · IIIIII 1'ljlll!lllliill.1 IIi IIII lilll 11111 IIII Illlllllllilllllllllllilll!11 i .E].E] .E] I i II ~ ml! m1i ~ .E] [] ~ ~ tli !I ------------------T---- -------------------------- --------------------- lMItI.ovl a...../IlIlI1OII 8DN1lldS......d Y.l l:i u ~ ill ~ ! ,....1 . ~~~:' ,'~>' . w III ~ ,1,!j ., !; f2' ~ . 09::' . 1 . ~~ ~n.~..1 ~~ ~I'~ ,~'.1 f : . ~ ' ',,' . 1 ~ ~I' ~ . '<iI'. j i~ ~\:I '>>J . I~ r . . 'J ~~ ) <<'J .. I. ~ '.... J I' , , 'I I I ,. ~ 1,I t ~ f.' I ' ~ I.r . ""1 I.rl" '.' j , , . . 'I It ,'.1 1,1. , '1 ,~_~ _ _~f J ....:.,'..:..' 8llOO8.l'fldlN3~ t!-;:;._ - _ .!.D~ !:!:!s~_ _ ~ I~ ~z__ ~;l II ! .E] ~! ~ ~~ ~; ~~ c .... - -113 - :c ~ Q ::) a. ! ~~ S iii c:l hi ~-.~'"""'" III 80 u! ~ _It ;~~ tIIi~ 1IJii'" el =:~i ~;j ti mi~1 ~~~ ie~i Q III ~Sl s:~~~ i!I~fl WZ" o~ CI)~ Q~ a~ ~ ~~ i i I~ ~ ! i!! i!i~ ~ ,.m!~~ ~~I __ ~i'ltlll u(,),.!~ i~ August 16, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ -2004-AR-6207, MAC pun Dear Legals: Please advertise the above referenced notice on Sunday, September 11, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O.!Account # 113-138312-649110 80 'T-- 80 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, September 27, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS AND CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE C-1 AND C-2 ZONING DISTRICTS TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO BE KNOWN AS "MAC RPUD" WHICH WILL INCLUDE A MAXIMUM OF 86 MULTI-FAMILY RESIDENTIAL HOUSING UNITS LOCATED ON THE NORTH SIDE OF RADIO LANE, EAST OF PALM SPRINGS BOULEVARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.76 +/- ACRES; AND PROVIDE FOR AN EFFECTIVE DATE. Petition: PUDZ-2004-AR-6207, MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon Management, Inc., requesting a rezone from the C-1 and C-2 zoning districts to the PUD Planned Unit Development zoning district to allow a maximum of 86 multi-family dwelling units. The property, consisting of 10.76 acres, is located on the northwest corner of Radio Road extension and Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the 80 public hearing. All material used in presentations before the Board will become a permanent part of the record. 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Linda A. Houtzer, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts 'Go'uiity-of-GilYllier . '.--, \ CLERK OF THB G!CtIIT COURT COLLIER COUNTY URmOUSE 3301 TAMIAMI L E~T , P.O. BOX 4 aU44 \ NAPLES, FLORIDA ~01-3~4 ,;t~, j :'l~~ j' h_ ;' 80 Clerk of Courts Accountant Auditor Custodian of County Funds August 16, 2005 Tim Hancock, AICP Talon Management, Inc. PO Box 9229 Naples, Florida 34101 Re: Notice of Public Hearing to consider Petition PUDZ-2004-AR-6207 MAC PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a.~.~ Linda A. Houtzer Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl..us Dwight E. Brock Clerk of Courts 'GoiiiiA-T-of-GIDilier ......!\( "y \ "l:,. ,.........., I, CLERK. OF THE G~Cl1IT COURT , \ COLLIER COUNTY~URTl\OUSE 3301 TAMIAMI IL EA~T . P.O. BOX 4 ~044 \ NAPLES, FLORIDA ~$,101-3d~A t,{, I -.!Li. I "~l;;~ I - \ ( :)__~1 , 8D Clerk of Courts Accountant Auditor Custodian of County Funds August 16, 2005 R. Bruce Anderson Roetzel & Andress 850 Park Shore Drive, 3rd Floor Naples, Florida 34103 Re: Notice of Public Hearing to consider Petition PUDZ-2004-AR-6207 MAC PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~a,~.k Linda A. Houtzer Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us , '----------,----- Dwight E. Brock Clerk of Courts Goilnty-of-C~l.1ier ~ ---, , CLERK OF THE ()@..C~IT COURT COLLIER COUNTY~URTll.OUSE 3301 TAMIAMI IL E~T , P.O. BOX 4 ~U44 \ NAPLES, FLORIDA \?~101-3<k4 ....1 ~ t( I -oflG:~ J < ( ::.:~,/' 8D Clerk of Courts Accountant Auditor Custodian of County Funds August 16, 2005 MAC Builders, Inc. 15841 Pines Blvd., #388 Pines, Florida 33027 Re: Notice of Public Hearing to consider Petition PUDZ-2004-AR-6207 MAC PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Q.~,k Linda A. Houtzer Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us 8D Linda A. Houtzer From: Sent: To: Subject: Linda A. Houtzer Tuesday, August 16, 20053:18 PM legals@naplesnews.com PUDZ-2004-AR-6207 MAC PUD Attachments: PUDZ -2004-AR-6207. doc; PUDZ -A-2004-AR-6207. doc Good Afternoon, Please advertise the attached notice on Sunday, September 11, 2005. PUDZ-2004-AR-620 PUDZ-A-2004-AR-6 7.doc (29 KB) 207.doc (31 KB... If you have any questions, please call 774-8411. Thank you, Linda Minutes and Records 1 ,--,. 8D Linda A. Houtzer From: Sent: To: Subject: ClerkPostmaster Tuesday, August 16, 20053:18 PM Linda A. Houtzer Delivery Status Notification (Relay) Attachments: A TT337939.txt; PUDZ-2004-AR-6207 MAC PUD [:]' ,.--:~';: .,;,::"-- ,~ r:::-:l..., " L..:::::....J ATT337939.txt PUDZ-2004-AR-620 (229 B) 7 MAC PUD This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 80 "'II Linda A. Houtzer From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com} Tuesday, August 16, 20053:15 PM Linda A. Houtzer Delivered: PUDZ-2004-AR-6207 MAC PUD Attachments: PUDZ-2004-AR-6207 MAC PUD r::.-7l L::J PUDZ-2004-AR-620 7 MAC PUD <<PUDZ-2004-AR-6207 MAC PUD>> Your message To: legals@naplesnews.com Subject: PUDZ-2004-AR-6207 MAC PUD Sent: Tue, 16 Aug 2005 15: 17:30 -0400 was delivered to the following recipient(s): legals on Tue, 16 Aug 2005 15: 14:46 -0400 1 IMM- PUDZ-2004-AR-6207 MAC PUD Page 1 of 1 80 Linda A. Houtzer From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, August 16, 2005 3:59 PM To: Linda A. Houtzer Subject: RE: PUDZ-2004-AR-6207 MAC PUD OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@clerk.collierJl.us] Sent: Tuesday, August 16, 2005 3: 18 PM To: legals@naplesnews.com Subject: PUDZ-2004-AR-6207 MAC PUD Good L1tternoon, Please advertise the attached I/otice 01/ Sunday, September 11, 2 ()()S. <<PU DZ -2004-AR-6207. doc>> < <PU DZ -A-2004-AR-620 7. doc>> If.ly'Oll have any questions. please call 774-84 J /. Thankyoll, Linda AliI/utes and Records 8/16/2005 o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper time(s) in the issue September 11th, 2005 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the :::rper. ~- / ( Sigllature of affiant) Sworn to and subscribed before me This 12th, September 2005 tic ~rp 2 2. 2005 p~_~D \ CONSIDER ORDINANCE NotIce Is hereby given that on TUESDAY1 Sep- tember 27, 200sJ n the Boardroom, 3ro Floor, Administration Building, comer County Qovern- ment center, 3301 East Tamlaml Trail, Naples, Florida, the loard of County commISSioners wm c;ol'!slcltr the e~- [=::: .A~A~ Thf tItle of the pro. fJl=:s:ordlnanee Is as I ~~ ~:8IN~8~.r~~, MISSIONERS OF C LIER COUNTY, FLORID~... "DING ORDINANw. ER 04- 41, AS A ,.THE COLUERbVlO DEVELOPMENT CODE WHICH INCLUDIS THE COMPRIHENSIV ZON- ING IIGULATI05 FOR THI UNINCORPORATED AItEA. OF COLLIER COUN- ~E f};i~Ifo~R12":'tN~ rF..:'4i~! .~ RPUD- WHICH WILL IN- CLUDE A MAXIMUM OF 86 MULTI.FAMIl.Y RESI- DENTIAL HOUSING UNllS LOCATID ON THE NORTH SIDIOF RADIO i:r.wVlJ.:A::L~ : Hc'tiON~.TOWNi\t1P I 41 10.UT . RANClE 26 EAST CO COUNTY, Fl.ORIDA.. eNltSTING ~\7i1 ro.~i#g "VIDA't'E. Petition: PUOZ.2004-AR- &207, MAC BLlHders. Inc., represented by Tim HWock. AtCP, of Talon ManaJ:lem.nt. Inc'l_~e- mlMlltlng a nlzane TI'Om . e C.l lIt'ld C.2 zoning . strlets to thePU Planned UnIt Develop. ment zoning district to allow ,mulmQm of 86: multi-family, dwelling units. The prop.ertyJ consisting of 10.7b acres, Is .Ioc:ated on the 1lOrth'.1we$t """r of Ra- dIo Rot.cI extension and iliRJ:il COllier Cour\tJ. FIorIcIL . Cop.11I of the proposed OrellnlDCe are on file wltlt the Clerk to the 1eHIr'd.' lOCI are available ~~~ 80 NOTE: All ~ wish- Ing to speak on any agencIJ. Item: must regis- ter with the COUI)ty ad. mlnlstr.ator .Prlor to pre- sentatIon of the agenda Item to be addressed. Individual speakers will be limited to 5 minutes on ~ Item. The seIec. tlon of an Individual to speak on behalf of an organization or group Is encouraged. If recog- nized by the Chairman, a spokesperson for a group' or organization may III allotted 10 min- utes to speak on an Item. . PenIOns wishing to have written or gr~hlc ma- terials Included In the Boarel agenda packets must. .ubmlt said ma- terial a minimum of 3 weeks prior. to the reo spectlve PUOlle hearing. In lIIlY ClSMj' ma- terial' 1m. tQ tie CClnsldered the 1Ioard. .hall be . submitted to! ~..apprQP.flate CCMlnty ....., a minimum of leV. ~'c'~~:r 111 M:.~ terlal used In presenta. tlon. befQre the eoarel wlllbec:om, a perma- nent part of tI'le record, ArTy petSQI\ who decides to appeal a decision of thelloard will need a 1'1-1 cord of the proceedlilgs pertalnlng thenlto and tnerefore, may need to ensure ttiat a verbatim record elf the prOceed- ~,Ifnc= ~'.m: mony and emence upcm whIch the IIf)peal IS bIIMcL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, ~E,..CHAIR' I &.'1rl~HTti. .8ROCK, =.ut Linda A. Houtzer, <se:r CIII'k ~pt. 11 No. 1112366 - ,;'.",f' T ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 8D Print on pink paper. Attach to O1iginal document. Original documents should be hand delivered to the Board Ol1ice. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board bas taken action on the item.) ROUTING SLIP Complete routing lines #1 through 114 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the 4 I d ' d S F.t .. exception of the Chairman's signature, draw a line through routing lines # 1 through # ,comp ete the checklist, an torwar to ue I son (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. S AI/\orA L e..< C oG~ ,AJ"",,, \.I\~..I--i., 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office ~ PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Ptimary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information All original documents needing the Bec Chairman's signature are to be delivered to the BCC oftice only after the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached M"~ 'UllJ-. Phone Number (..5<\ - 51 lop ";~"~u5 Agenda Item Number ~\) \>I.I~ \>o""....t Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is Yes NI A (Not appropriate. (Initial) Applicable) I. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, "",,"0 resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ""'V Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the fII\' i) document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~~~ signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ~'" Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 'i'l'-~~ (enter date) and all changes (\,D N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the chanl?:es, if applicable. line 6. l: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 aD ORDINANCE NO. 05 - 50 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS AND CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE C-1 AND C-2 ZONING DISTRICTS TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO BE KNOWN AS "MAC RPUD" WHICH WILL INCLUDE A MAXIMUM OF 86 MULTI-FAMILY RESIDENTIAL HOUSING UNITS LOCATED ON THE NORTH SIDE OF RADIO LANE, EAST OF PALM SPRINGS BOULEVARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.76::1: ACRES; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Tim Hancock, AICP, of Talon Management, Inc., representing MAC Builders, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition PUDZ-2004-AR-6207. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, as described in Section 1.2 of Exhibit "A," the "MAC RPUD" PUD Document, attached hereto and incorporated by reference herein is changed from the C-1 and C-2 zoning districts to the PUD zoning district to be known as the "MAC RPUD Planned Unit Development." The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 27th day of September, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ FRED W. COYLE, CHAIRM Patrick hite Assistant County Attorney PUDZ- 2004-AR-6207/MB MAC RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING TIlE MAC PUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF TIlE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MAC Builders, Inc. 15841 Pines Blvd., #388 Pines, FL 33027 PREP ARED BY: Tim Hancock Talon Management, Inc. 3898 Tarniarni Trail North, Suite 202 Naples, FL 34103 239-262-6197 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL q... ~O-05 05-.50 8D .!;{ 80 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE Page 3 STATEMENT OF COMPLIANCE Page 4 SECTION I PROPERTY OWNERSHIP & DESCRIPTION Pages 5 - 6 SECTION II PROJECT DEVELOPMENT Pages 7 - 9 SECTION III RESIDENTIAL AREAS PLAN Pages 10 - 11 SECTION IV CONSERVATION I PRESERVE AREA Page 12 SECTION V DEVELOPMENT COMMITMENTS Page 13 - 17 2 EXHIBIT EXHIBIT EXHIBIT EXHIBIT A B C D BD LIST OF EXHIBITS AND TABLES RPUD Master Plan Location Map Boundary Survey Natural Resources Maps 3 8D STATEMENT OF COMPLIANCE The development of approximately 10.76 acres of property in Collier County, as a Residential Planned Unit Development to be known as MAC 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 MAC RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Proiect 1. The subject property is within the "Urban (Urban Mixed-Use District, Urban Residential Sub district) Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element, specifically under the Conversion of Commercial Zoning designation which permits a density of up to 16 units per acre (upa). 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project will comply with Objective 2 and Policy 2.3 of the Future Land Use Element which requires the provision of adequate public facilities. Through the location of this project in the Urban Mixed-Use District, where more intense land uses are directed, compliance is furthered with respect to these policies and objectives. 6. The projected density of 8.0 d.u.'s per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the maximum permitted density of 16 units per acre for Conversion of Commercial Zoning. The adjacent densities and intensities range from 7 upa to C-4 type uses, so the parcel at 8.0 upa performs a transitional zoning function. 4 80 SECTION I PROPERTY OWNERSHIP AND 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 MAC RPUD. 1.2 LEGAL DESCRIPTION The subject property being 10.76 acres is described as: All of Block 1 (lots 1 - 7), Block 3 (lots 1 - 6 and vacated Calle Del Ray) and Block 5 (lots 1 - 7 and vacated Calle Del Ray), Palm Springs Plaza, Unit No.1, according to the map or plat thereof as recorded in plat book 8, page 21, public records of Collier County, Florida. 1.3 PROPERTY OWNERSmp The subject property is under the ownership of: MAC Builders, Inc. 15841 Pines Blvd., #388 Pines, FL 33027 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the South 1/2 of Section 34, Township 49 South, Range 26 East, more generally described as the northwest corner of Radio Lane and Palm Springs Blvd. B. The zoning classification of the subject property prior to the date of this approved RPUD Document was C-2 and C-l. 1.5 PHYSICAL DESCRIPTION Surface water management for the project will be designed according to South Florida Water Management District and Collier County design standards. The system will attenuate the 25-year 3-day storm even as well as meet current water quality treatment criteria. 1.6 PROJECT DESCRIPTION The proposed plan of development is for 86 multi-family units to be built on 10.76 acres. The buildings will consist of 2-story town homes and will be grouped in buildings of differing unit counts as identified on the PUD Master Plan. 5 1.7 SHORT TITLE 8D This Ordinance shall be known and cited as the "MAC Residential Planned Unit Development Ordinance." 6 8D ~ SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and 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. Regulations for development of MAC RPUD shall be in accordance with the contents of this document, RPUD-Residential Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. 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 definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of MAC RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by thif, RPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02.00 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, fmal plat approval, or building permit issuance applicable to this development. 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 graphically by Exhibit "A", RPUD Master Plan. There shall be one land use tract, plus necessary water management lakes and, street rights-of-way, the general configuration of which is generally illustrated by Exhibit A. 7 aD LAND USE TYPE Multi-Family UNITS 86 PRESERVE AREA COMMON AREA ROADS/ROW MULTI F AMIL Y BUILDINGS 1.3 acres 5.3 acres 1.8 acres 2.3 acres TOTAL: 10.7 acres 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 all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 10.02.05 C and 10.02.12 respectively, of the Collier County Land Development Code or as otherwise permitted by this RPUD document. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 86 residential Multi-Family dwelling units shall be constructed in the total project area. The gross project area less acreage devoted to commercial/industrial purposes is 10.76 acres. The gross project density, therefore, will be a maximum of 8.0 units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the RPUD, fmal plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the RPUD Master Plan. Any division of property and the development of the land shall be in compliance with Collier County requirements, and the platting laws of the State of Florida. C. The provisions of Chapter 10 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. 8 D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements 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 parcel. 80 E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES (See LDC-Sec. 5.04.04) Model units including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: a. One "wet" and 3 "dry" models may be constructed following administrative plat approval or Site Development Plan approval. Models will be located jointly within a single building. b. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. c. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFP A requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the RPUD as provided in the Collier County Land Development Code, Section 10.02.12. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.03.06, where applicable. 9 80 SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" for Multi-Family Development. 3.2. MAXIMUM DWELLING UNITS The maximum number of dwelling units allowed within the PUD shall be 86. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (I) Multi-family Dwellings, townhouses. (Apartments as part ofa rental community is not a permitted use). Units will be developed as two and three bedroom units with a den. No four bedroom units will be constructed. B. Accessory Uses: (I) Customary accessory uses and structures, including private garages. (2) May include common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences, which have the use of such facilities. 3.4. DEVELOPMENT STANDARDS A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel boundaries or internal rights of way, except as otherwise provided. B. MINIMUM LOT AREA: one acre. C. MINIMUM LOT WIDTH: 100 feet. D. MINIMUM YARDS: For purposes of measuring required setbacks, lots that front on an interior street within the development shall apply the rear yard requirement for the area behind the rear of the principal use building extending to the rear property line, including those lots where the rear property line abuts a public right of way. 10 (1) Front Yard - 25 feet 80 (2) Side Yard - 15 feet (3) Rear Yard - 20 feet (4) Distance between principal structures, including community clubhouse - 25 feet. (5) Setback from preserve or Conservation Area; Principal Structure - 25 feet Accessory Structure - 10 feet (6) Minimum distance from any residential structure to an accessory structure such as the pool or clubhouse - 15 feet. E. MINIMUM FLOOR AREA: 750 square feet F. AVERAGE UNIT SIZE: The average size of the residential units within the project shall be no less than 2,000 square feet per unit, inclusive. G. OFF-STREET PARKING AND LOADING REOUlREMENTS Each dwelling unit will have a one or two car garage assigned to it and no more than two additional parking spaces may be located primarily in driveways on front of each unit. Additional parking spaces may be grouped at locations throughout the project to serve other uses such as the clubhouse and pool area, but spaces designated for each unit will only be constructed as indicated above. For all non-residential uses, parking will be calculated as required by Chapter 4 of the Collier County Land Development Code, where applicable in effect at the time of building permit application. H. MAXIMUM HEIGHT: (1) Principal Structure - 35 feet and 2 stories above the minimum base flood elevation (2) Accessory Structure - 25 feet and 1 stories above the minimum base flood elevation 11 BD SECTION IV CONSERV ATIONIPRESERVE AREA 4.1 PURPOSE Conservation/Preserve Area - The purpose is to preserve and protect native vegetation and naturally functioning habitat in their natural state. 4.2 USES PERMITTED The subject property contains 8.8 acres of existing native vegetation. A total of 1.32 acres, or 15% of the existing native vegetation, must be preserved in accordance with the applicable requirements of the Growth Management Plan and the Land Development Code. The RPUD Master Plan shows for 1.27 acres of native vegetation preserve. The additional preserve area required will be determined at the time of development order permitting. Minor adjustments may be made to the boundaries of preserve areas as shown based on permitting considerations. No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required: A. Principal Uses: 1. Passive recreational areas, boardwalks and recreational shelters; 2. Pervious nature trails; 3. Water management structures; 4. Mitigation areas; 5. Water Management, when permitted by Collier County. 6. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 12 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of applicable sections of the Land Development Code shall apply to this project even if the land within the RPUD 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 RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 5.3. RPUD MASTER PLAN A. Exhibit A, RPUD 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 fmal and may be varied at any subsequent approval phase such as fmal platting or site development plan application. Subject to the provisions of Section 10.02.12 of the Land Development Code amendments may be made from time to time. Building locations and configurations shown are conceptual and may be altered as to location and size provided they meet the development standards of this document and applicable sections of the land development code. 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. 5.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. The proposed plan of development includes commencement of construction in 2005 with a 5-year build out of the project. B. By the time building permits for 50 residential units are issued, the developer agrees to have constructed the swimming pool shown on the RPUD Master Plan. By the time building permits for 75 residential units are issued, the developer agrees to have constructed a clubhouse facility with a small room for exercise purposes as generally shown on the RPUD Master Plan. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowner's Association. The Homeowner's Association by-laws shall 13 80 ..'i(f include a provlSlon that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowner's Association. 80 A description shall be provided for the location of land and facilities to be dedicated to the County, their use and function together with acceptance by County. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. C. Monitorinl! Report; An annual monitoring report shall be submitted pursuant to Section 10.02.12 of the Collier County Land Development Code. 5.5. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICEIREGULA TIONS The roads within the project shall be constructed as private roads within a 50' ROW. 5.6 ENVIRONMENTAL A. This RPUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of fmal development order approval. B. This RPUD shall comply with the guidelines for the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site/Plan approval. C. All conservation areas shall be designated as tracts/easements with protective covenants. Easements shall be dedicated on the plat to the homeowner's association for ownership and maintenance and to Collier County with no responsibility for maintenance. D. All principal structures shall have a minimum setback of 25' from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to fmal site plan/construction plan approval. 14 5.7 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the fIrst Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or fmal plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless an RPUD Amendment is to be processed. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the fIrst CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Chapter 74 of the Code of Laws and Ordinances, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right inlright out condition at any access point. Neither will 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 developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. 15 · r 80 J. 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. 'sr K. If, in the sole opinion of Collier County a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the fIrst CO. L. The project will locate its access point along Radio Lane and not Palm Springs Blvd., subject to approval by the Collier County Transportation Department. 5.8 WATER MANAGEMENT This water management for this project will be review and approved by Collier County. 5.9 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model unit. 5.10 SIGNS All signs shall be in accordance with Division 5.06.00 of the Land Development Code. 5.11 POLLING PLACES Pursuant to Section 2.03.06 and 2.04.00 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement 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 that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.12 PLANNING A. The developer shall request from the County Transportation Division, a temporary construction access permit off Radio Lane. B. The project developer pledges to work with the owners of the Triad PUD and the residents of the Palm Springs neighborhood to construct a fence from the Northeast corner of the Triad PUD to the County Park at the rear of the community. The residents of the Palm Springs neighborhood will be responsible for securing the necessary permission from property owners to construct the fence. The developer of the MAC PUD will contribute 50% of the construction cost of the fence or in the absence of participation by the owners of the Triad PUD, the developer of the MAC PUD will construct 50% 16 of the length of the fence. The fence material will be low maintenance concrete panels or other similar materials. C. The developer of the MAC PUD will assist the homeowners of the Palm Springs neighborhood in facilitating the location and construction of a bus stop shelter and bike rack to meet the needs of either the Collier County School Board or Collier County Transportation. D. The developer will work with a committee of residents of the Palm Springs neighborhood and provide them with renderings of the required Type B buffer along Palm Springs Blvd and Radio Lane prior to the submittal of the SDP application to Collier County. 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',_. 80 STATE OF FLORIDA) COUNTY OF COLLIER) 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 and correct copy of: ORDINANCE 2005-50 Which was adopted by the Board of County Commissioners on the 27th day of September 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of September, 2005. DWIGHT E. BROCK Clerk of Courts,'a:nd~"C1'e.rk , -',' . .") Ex-officio to:'sociro"'of<:'>-. qo nty co~m. if )~riers A~ ',.~;.:~. ~:. . 'L... ~ _:' -., :-~ . "" . J . ~ . .., ~. . . ,," .: ,~ ;, .~ ..... .." .... : ," ...... By Michell~.~.~~'~"a:l:es~:.;~'~,,~/ . " -.;.-r..... -""l'" . \.t~.... Deputy Clerk~: ~,~.,' . ~_,,"~'_~_'~_M ''',._ .__~,__,_....._._"_...___~._~_~..__~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board OClice. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP 8E Complete routing lines #1 through #4 as appropriate for additional si!,'Ilatures, dates, and/or information needed. lfthe document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throuah #4, com lcte the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in rout in order) (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Ptimary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statf for additional or missing information. All original documents needing the BCC Chaimlan's signature are to be delivered to the BCC office only after the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 1. (J;6 f:5 1/1';1/ ('/7 . 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION {l~II(7 /frtl I, J#t!/(1 o/~;7 d.S- () rd~ n iVJ7 tLL- Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw re 0 our deadlines! The document was approved by the BCC on ',{. b enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. Jti. :<3.A:( ~ I Yes (I nitial) N/ A (Not A Iicable) ;j#L 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 8E ORDINANCE NUMBER 05- 49 AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLOWING: CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08, RURAL FRINGE ZONING DISTRICTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, On October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the original codification of the Collier County Land Development Code (hereinafter LDC), which has been subsequently re-codified by Ordinance No. 04-41, as amended; and WHEREAS, the LDC may not be amended more than two times each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to LDC Section 10.02.09; and WHEREAS, On March 18, 1997, the Board adopted Resolution No. 97-177, establishing local requirements and procedures for amending the LDC; and WHEREAS, on July 26, 2005, the Board approved a special cycle for the provisions set forth in this ordinance; and WHEREAS, all procedural requirements of the LDC Resolution and 97-177 have been met; and WHEREAS, the Board, in a manner prescribed by law, did hold all required advertised public hearing and did take action concerning these amendments to the LDC; and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS: The above recitals are true and correct and are hereby incorporated by reference herein. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby make the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After Adoption of the Comprehensive Plan, the Act and in particular Sec. 163.3202(1). Fla. Stat. mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. Page 1 of 17 Words struck through are deleted; words underlined are added. , 8E 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adoption Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1 ) (b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent wit the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3) Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 163.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Section 163.3194(1) (a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act. All development undertaken by, and all actions taken in regard to, development orders by, governmental agencies in regard to land covered by such Comprehensive Plan, or element or portion thereof, shall be consisted with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3) (a), Fla. Stat, a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, and other large aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b) Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development permitted are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provisions of transportation, water, sewage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the Page 2 of 17 Words struck through are deleted; words underlined are added. 8E character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the code. SECTION THREE A: AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Amend the LDC as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * D. Special Treatment Overlay "ST". * * * * * * * * * * * 4. Transfer of Development Rights (TDR). * * * * * * * * * * * c. TDR credits from RFMU sending lands: General Provisions i. Creation ofTDR credits. a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR credit per legal non-conforming lot or parcel. b) For lots and parcels 5 acres or larger, the number of TDR credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR credits generated. Where the number of TDR credits thus calculated is a fractional number, the number of TDR credits created shall be rounded to the nearest 1/100th. ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be generated from RFMU sendine:land property from which TDR credits have been severed. The three types TDR Bonus credits are as follows: a) Environmental Restoration and Maintenance Bonus credits. Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sendine: land for which a Restoration and Management Plan (RMP) has been accepted by the County. In order to be accepted, a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall comply with the criteria set forth in 3.05.08.A. andB. 3) The RMP shall provide financial assurance, in the form of a performance surety bond or similar financial security, that the RMP shall remain in place and be performed, until the earlier of the following occurs: a. Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP. Page 3 of 17 Words struck through are deleted; words underlined are added. 'BE b. The property is conveyed to a County, state. or federal agency as provided in b) below. 4) The RMP shall provide for the exotic vee:etation removal and maintenance to be performed by an environmental contractor acceptable to the County. b) Conveyance Bonus credits. Conveyance Bonus credits are generated at a rate of I credit for each TDR credit severed from that RFMU sendine: land that is conveyed in fee simple to a federal, state, or local government agency as a gift. Conveyance Bonus credits shall only be generated from those RFMU sendine: land properties on which an RMP has been accepted as provided in a) above. c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sendine: land for the period from March 5. 2005, until three years after the adoption of this regulation. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However. Early Entry Bonus credits may continue to be used to increase density in RFMU and non- RFMU Receivine: Lands after the termination of the Early Entry Bonus period. iii. Calculation ofTDR Bonus credits. a) Environmental Restoration and Maintenance Bonus credits are calculated as follows: # TDR credits generated from property x % property subiect to an approved RMP b) Conveyance Bonus credits are calculated as follows: # TDR credits generated from property x % property subiect to an approved RMP and conveyed as provided in ii.b) above. c) Early Entry Bonus credits are calculated as follows: # TDR credits generated within Early Entry period x 1. it;-!X Receipt of TDR credits or TDR Bonus credits from RFMU sending lands. TDR credits or TDR Bonus credits from RFMU sending lands may be transferred into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands, as provided in Sections 2.03.07. (4)(d) and (e) below. ifu y:. Prohibition on transfer of fractional TDR8 credits and TDR Bonus credits. While fractional TDR credits and TDR Bonus credits may be created, as provided in (i1) above, TDR credits and TDR Bonus credits may only be transferred from RFMU sending lands in increments of whole, not fractional, dwelling units . Consequently, fractional TDR credits and fractional TDR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving lands. We vi. Prohibition on transfer of development rights. a) Neither TDR credits nor TDR Early Entry Bonus credits shall Bet be trlHlsferred generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property, with the exception of those TDR Early Entry Bonus credits associated with TDR credits severed from March 5. 2004, until [the effective date of this provision]. Environmental Restoration Page 4 of 17 Words struck through are deleted; words underlined are added. BE ... and Maintenance Bonus credits and Conveyance Bonus credits may only be generated from those RFMU sendine: lands where a conservation easement or other similar development restriction on development was imposed in conjunction with the severance ofTDR credits. b) Neither TDR credits nor any TDR Bonus credits shall ftet be transferred generated from RFMU sending lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs. d. Transfer of development rights from RFMU sending lands to non- ffHm: RFMU receiving areas. i. Transfers to urban areas. * * * * * * * * * * b) Development-s which meet the residential infill conditions i) through v) above may increase the base density administratively through a Site development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU district Sending Lands. ii. Transfers to the urban residential fringe. TDR credits and TDR Bonus credits may be transferred from RFMU sending lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe at a rate of to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to 2.5 dwelling unit per gross acre. e. Transfers from RFMU sending lands to RFMU receiving lands. i. Maximum density on RFMU receiving lands when TDR credits are transferred from RFMU sending lands . * * * * * * * * * * b) The density achievable through the transfer ofTDR credits and TDR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03.08 (A)(2)(a)(2)(b)(i) outside of rural villages and sections 2.03.08 fAf.:-f2}.Jbf.:-(3)(b) and 2.03.08 fA}.J2}:.fbf.:-(3)( c )(i) inside of rural villages. ii. Remainder uses after TDR credits are transferred severed from RFMU sending lands . Where development rights have been transferred severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 A.4.b. f. Procedures applicable to the severance and transfer of TDR credits and the generation ofTDR Bonus credits from RFMU sending lands. i. General. Those development-s that utilize such TDR credits or TDR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. !l. The transfer severance of TDR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require the further approval of the County if the County determines that information demonstrating compliance with all of the criteria set forth in ii.a) below has been submitted. However, those development-s that utilize such TDR credits and Early Entry Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRls. Page 5 of 17 Words struck tlH'ough are deleted; words underlined are added. '8E ."t b) The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the County of a RMP. ii. County-maintained central TOR registry. In order to facilitate the County's monitoring and regulation of the TOR Program, the County shall serve as the central registry of all TOR credit and TOR Bonus credits purchases, sales, and transfers, as well as a central listing of TOR credits and TOR Bonus credits available for sale and purchasers seeking TOR credits or TOR Bonus credits. No TDR credit and TOR Bonus credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. * * * * * * * * * * b) TOR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receivine: lands until a TOR credit certificate reflecting the TOR Bonus credits is obtained from the County and recorded. 1) Early Entry Bonus credits. All TOR credit certificates issued by the County for the period from the effective date of this provision until three years after such effective date shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit or each TOR credit or fractional TOR credit reflected on the TOR credit certificate. Where TOR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TOR credit certificate reflecting those previously severed TOR credits, issue a TOR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TOR credits. 2) Environmental Restoration and Maintenance Bonus credit. A TOR certificate reflecting Environmental Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sendine: lands from which the Environmental Restoration and Maintenance Bonus credit is being generated. Any sendine: lands from which TOR credits have been severed may also be used for mitigation programs and associated mitigation activities and uses in coni unction with any county, state or federal permitting. Where the Environmental Restoration and Maintenance Credit is applied for sendine: lands that are also being used (title or easement) for mitigation for permits or approvals from the U. S. Army Corps of Engineers, U. S. Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, or the South Florida Water Management District, the County shall accept as the RMP for the sending mitigation lands, the restoration and/or maintenance requirements of permits issued by any of the foregoing governmental agencies for said lands. 3) Conveyance Bonus credit. A TOR certificate reflecting Conveyance Bonus credits shall not be issued until the County has accepted a RMP for the Sendine: Lands from which the Conveyance Bonus credit is being generated and such sending lands have been conveyed, in fee simple, to a County, state, or federal government agency. 131 ~ A PUD or DRI utilizing TDR credits or TOR Bonus credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following: Page 6 of 17 Words struck through are deleted; words underlined are added. rSE i) documentation that the developer has acquired all TDR credits and TDR Bonus credits needed for that portion of the development that is the subject of the site development plan or subdivision plat; and * * * * * * * * * ej !!l. The developer shall provide documentation of the acquisition of full ownership and control of all TDR credits and TDR Bonus credits needed for the development and of recordation of the TDR credit and TDR Bonus credit Certificates for all such TDR credits and TDR Bonus credits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DR!. dj rl Each TDR credit shall have an individual and distinct tracking number, which shall be identified on the TDR Certificate that reflects the severance of the TDR credit from RFMU Sending baRd. The County TDR Registry shall maintain a record of all TDR credits, to include a designation of those that have been expended. o Each TDR Bonus credit shall have an individual and distinct tracking number. which shall be identified on the TDR Certificate and which shall identify the specific TDR credit associated with the TDR Bonus credit. The County TDR Registry shall maintain a record of all TDR Bonus credits, to include a designation of those that have been expended. g) The County bears no responsibility to provide notice to any person or entity holding a lien or other security interest in Sending Lands that TDR credits have been severed from the property or that an application for such severance has been filed. g. Proportional utilization of TDR credits and TDR Bonus credits. Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits and TDR Bonus credits. All PUDs and DRIs utilizing TDR credits and TDR Bonus credits shall require that the rate of TDR credit and TDR Bonus credits consumption be reported through the monitoring provisions of sections 10.02.12 and 10.02.07(C)(1)(b) of this Code. SECTION THREE B: 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District) * * * * * * * * * * * * 2. RFMU RECEIVING LANDS. a. OUTSIDE RURAL VILLAGES * * * * * * * * * * (2) Maximum DENSITY. * * * * * * * * * * (b) Additional DENSITY i. Additional Density Allowed Through the TDR& Process. Outside of rural villages, the maximum density achievable in RFMU Receiving Lands through the TDR process credits and TDR Bonus Credits is one (1) dwelling unit per acre. Page 7 of 17 Words struck through are deleted; words underlined are added. 8E "! * * * * * * * * * ii. Additional DENSITY Allowed Through Other Densitv Bonuses. Once the maximum g DENSITY of one (1) unit per acre is achieved through the use of TDRs credits and TDR Bonus credits, additional DENSITY may be achieved as follows: * * * * * * * * * (3) Allowable Uses (a) Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: * * * * * * * * * xi. Golf courses or driving ranges, subject to the following standards: a) The minimum density shall be as follows: i) For golf course projects utilizing density blending Provisions set forth in the density Rating System of the :I'l:,Yg: one (1) dwelling unit per five (5) gross acres. ii) For golf course projects not utilizing density blending Provisions set forth in the Densitv Rating System of the FLUE, including free standing golf courses: the minimum density shall be one (1) dwelling unit per five(5) gross acres, and one additional dwelling unit one TDR credit or TDR Bonus credit shall be required per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. The additional required density for such golf COUi"se development shall be achieved by acquiring TDRs from Sending Lands. A TDR credit or TDR Bonus credit used to entitle golf course acreage may not also be used to entitle a residential dwellinl! unit. b) Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and BUILDING Design) have been incorporated into the golf course's design and operational procedures. * * * * * * * * * xii. Public and private schools, subject to the following oriteria: educational plants and ancillary plants. a) Site area and school size shall be subjeot to the General EDUCATIOl'L'\L FACILITIES Report submitted ar..nually by the Collier County School Board to the Board of County Commissioners. Page 8 of 17 Words struck through are deleted; words underlined are added. rSE .. xiii. OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on , 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. xiv. Park. open space, and recreational uses. xv. Private schools. * * * * * * * * * * (c) CONDITIONAL USES. i. Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C- 25 through 62C-30, F.A.C., as those rules existed on January 14, 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. * * * * * * * * * b. RURAL VILLAGES. RURAL VILLAGES, including RURAL VILLAGES within the NBMO, may be approved within the boundaries of RFMU RECEIVING LANDS, subject to the following: Page 9 of 17 Words struck through are deleted; words underlined are added. ~S-Et . ..-- (1) Allowable Uses: (a) All permitted uses identified in section 2.03.08-fAtf2j~faj~(3)(a), when specifically identified in, and approved as part of, a RURAL VILLAGE PUD. (b) CONDITIONAL USES 1 through 5, and 7 identified in section 2.03.08-tAtf2j~faH3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. * * * * * * * * * * * * * * * * * * * vii. Civic Uses and Public Parks - Minimum of ~ 10% of total rural village acreage. (2) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY of 2.0 units per gross acre and a maximum DENSITY of 3.0 units per gross acre, except that the minimum DENSITY within a NBMO RURAL VILLAGE shall be 1.5 units per gross acre. Those densities shall be achieved as follows: (a) No change. (b) Minimum DENSITY. For each TDR CREDIT for use in u RUR.-\L VILL^~GE, one BONUS CREDIT shall be granted, up te-the The minimum gross DENSITY ef in a Rural Villae:e is 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. i. For each TDR credit used to achieve the minimum required density in a Rural Villae:e, one Rural Villae:e Bonus Credit shall be granted. Rural Villa~e Bonus Credits may only be utilized in Rural Villae:es and shall not be available for use once the minimum required density is achieved. ii. The minimum density shall be achieved through any combination of TDR Credits, Rural Villae:e Bonus Credits, and TDR Bonus Credits. (c) Maximum DENSITY. A developer may achieve a The maximum gross DENSITY exceeding the minimum required DENSITY, up to a maximum of allowed in a rural villae:e is 3.0 units per acre,~ The maximum density shall be achieved through any of the following means, either in combination or individually: i. TDR CREDITS; ii. TDR Bonus Credits: ft. Hi. An additional density bonus 0.3 units per acre for the additional preservation of native vegetation as set forth in Chapter 4; iih iv. An additional density bonus of 0.3 units per acre for additional wetlands mitigation as set forth in Chapter 4; and/or ~ v. An additional density bonus of 0.5 units per acre for each Affordable or workforce housing unit. * * * * * * * * * * * (4) Other Design Standards (a) Transportation System Design. * * * * * * * * * ii. Each RURAL VILLAGE shall be served by a primary binary road system that is accessible by the public. Neighborhood Page 10 of 17 Words struck through are deleted; words underlined are added. 8 E",_ Circulator, Local Residential Access and Residential Loop roads may and no roads shall not be gated. The primary road~ system within the RURAL VILLAGE shall consist of Rural Maior Collectors at a minimum and be designed to meet County standards and shall be dedicated to the public. * * * * * * * * * xv. Required vehicular parking and loading amounts and design criteria: a) The amount of required parking shall be demonstrated through a shared parking analysis submitted v/ith the 8M designation application as part of the rural villae:e PUD. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by the ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. * * * * * * * * (6) GREENBELT. Except within the NBMO RURAL VILLAGE, a GREENBELT averaging a minimum of WG 300 feet in width, but not less than ~ 200 feet in width at any location, shall be required at the perimeter of the RURAL VILLAGE. The GREENBELT is required to ensure a permanently undeveloped edge surrounding the RURAL VILLAGE, thereby discouraging sprawl. GREENBELTS shall conform to the following: * * * * * * * * * * (7) OPEN SPACE: Within the RURAL VILLAGE, a minimum of ~ 40% of OPEN SP ACE shall be provided, inclusive of the GREENBELT. * * * * * * * * * * 3. NEUTRAL LANDS. Neutral lands have been identified for limited semi- rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: a. ALLOWABLE USES. The following uses are permitted as of right: (1) Uses Permitted as of Right. * * * * * * * * * * (k) Golf courses or driving ranges, subject to the following standards: i. Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The proiect shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management, Energy Conservation & Renewable Energy Sources. Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. * * * * * * * * Page 11 of 17 Words struck through are deleted; words underlined are added. BE ~. (I) Public and private schools, subject to the following criteria: educational plants and ancillary plants. i. Site area and school size shall be subject to the General EDUCATIOl'L'\L F"'\CILlTIES Report submitted annually by the Collier County School Board to the Board of County Commissioners. ii. The Site must comply with the ST Pi TE REQUIREMENTS FOR EDUC^..TIONAL FACILITIES adopted by the State Board of Education. iii. The site shall be subject to all applicable State or Federal regulations. (m) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.Co, as those rules existed on . 2005 [effective date of this provision] regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FoA.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, FoS., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. n. Park. open space, and recreational uses. o. Private schools. (2) No change. (3) CONDITIONAL USES. The following uses are permissible as conditional uses subject to the standards and procedures established in Section 10.08.00. * * * * * * * * * * (c) Multi-family residential structures. subiect to the following development standards: (i) Building height limitation: 2 stories (ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on center: (iii) Setbacks: 50% of the height of the building. but not less than 15 feet f€lj !!tl Those essential services identified in sections 2.01.03 (G)(I) and (G)(3). Eat !.!L Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review Page 12 of 17 Words struck through are deleted; words underlined are added. .. BE .- procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Januarv 14, 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. ffj {g} Earth mining and extraction and related processing. (gt ill Facilities for the collection, transfer, processing, and reduction of solid waste. * * * * * * * * * * * 4. RFMU SENDING LANDS. No change. a. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED (1) Uses Permitted as of Right * * * * * * * * * * (g) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on , 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. * * * * * * * * * * (3) CONDITIONAL USES. * * * * * * * * * * Page 13 of 17 Words struck through are deleted; words underlined are added. "SE (c) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on , 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C- 30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. * * * * * * * * * * b. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED (1) Uses Permitted as of Right * * * * * * * * * * (h) OIL AND GAS EXPLORATION, subject to avplicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on , 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (i) Mitigation in coni unction with any County, state, or federal vermitting. (2) CONDITIONAL USES * * * * * * * * * * (b) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Page 14 of 17 Words struck through are deleted; words underlined are added. -BE Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on . 2005 [the effective date of this provision]~ regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C- 30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. * * * * * * * * * * * C. NORTH BELLE MEADE OVERLA Y DISTRICT (NBMO) * * * * * * * * * * * 5. ADDITIONAL SPECIFIC AREA PROVISIONS a. RECEIVING LANDS (1) DENSITY. * * * * * * * * * * (b) This density may be increased, through TDR credits and TDR Bonus Credits, up to a maximum of I dwelling unit per gross acre. (c) Once a DENSITY of 1 dwelling unit per gross acre is achieved through TDR CREDITS and TDR Bonus Credits, additional density may be achieved as follows: * * * * * * * * * (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, 2-004 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occur~by June 19, 2-004 2005, or such other date as the GMP is amended to provide: i. No change. ii. the mine operator commits to construct a private haul road by June 19, ~ 2007, or such other date as the GMP is amended to provide, without the use of any public funds. * * * * * * * * * * (3) A GREENBELT is not required for any DEVELOPMENT in NBMO Receiving Lands, whether inside or outside of a RURAL VILLAGE. However. any e:reenbelt that is provided in a NBMO rural villae:e shall be included in the calculation of open space. Page 15 of 17 Words struck through are deleted; words underlined are added. rSE . (4) NBMO Rural Village. No change. (a) Density. No change. i. The minimum required density shall be achieved through TDR credits, TDR Bonus Credits, and Rural Village Bonus credits, as provided in section 2.03.08 fA1:.f21-,Jbt(3)(C). ii. Once the minimum required density is achieved, additional DENSITY may be achieved, up to the maximum of three (3) dwelling units per gross acre through anyone or combination of the following: a) TDR Credits; b) TDR Bonus Credits; bj c) 0.3 dwelling unit per acre for each acre of native vegetation preserved on-site; ej d) 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or tlj e) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRP A or a buffer area adjoining a NRP A that is dedicated to a public or private entity for conservation use. SECTION FOUR: CONFLICT AND SEVERABIL TIY 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 or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code 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," "Chapter," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by majority vote of the Board of County rd ,~ Commissioners of Collier County, Florida, this ..27 (lay of '-...J~fJlt/1lj.tI'[005. / Page 16 of 17 Words struck through are deleted; words underlined are added. At . ~.S',. .'.. S 1~"'0I11.i . >, : ~ : A~oved.~s,t~ fgF:~nd ~Y~~Gi1-.W:. ..1:\~o~"" / ~~'~ Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRE~L~C~ Page 17 of 17 Words struck through are deleted; words underlined are added. SE "1 "... '8 r.:- L l. . STATE OF FLORIDA) COUNTY OF COLLIER) 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. 2005-49 Which was adopted by the Board of County Commissioners on the 27th day of September, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day Of September, 2005. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-offj.G:.~0...tp Board of ic unt~.~..\~..b--" .;~..~~ioners j ~ ~.* ...... f, ~ , ,~ ~. ".. '. ) ~-- ~.I." ..... '" "'. ) _ . . ,f,).. . :. ~'. ,". -:..:" ~ .- _ ...4 . " , ..-- : ,.s ~ _,_".', - _. ~ rt:\ B ~.Mi:cbe i~_:~rales, - c . .~ ,',_ . ,J'''''' . ~ ~; 'Oepu-ty. C.J.,~~k ..., '\." "" "'.Il' .'.,'!\o..'." ......'" ....... '*/.... ~. ." ,- ,. '-', ,:'p ......... €.~w . I, 1 ,fot,f\ f! I....." _~ "'1 .II' t,.!'y ,.1 \ I ".- 't" ,\..., "'"..\1,"\ DA TE: TO: FROM: RE: MEMORANDUM October 5, 2005 Kay Nell, Legal Assistant County Attorney's Office Heidi R. Rockhold, Deputy Clerk Minutes and Records Resolution 2005-338 Resolution 2005-339 Resolution 2005-340 f 9A Enclosed please find one (1) copy of each of the documents, as referenced above (Agenda Items #9A, #9B, and #9C) approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures ~~----r- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 9A Print on pink papcr. Attach to original documcnt. Original documents should be hand dclivered to the Board Oflicc. Thc complcted routing slip and original documents arc to be forwarded to thc Board Onice only after thc Board has takcn action on the item.) ROUTING SLIP Complcte routing lines # I through #4 as appropriatc tor additional signaturcs, dates, and/or intormation needed. If thc document is already completc with the excePtion of the Chairman's signature, draw a line through routing lines # I through #4. completc the checklist, and forward to Suc Filson (line #5). Route to Addressee( s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original documcnt pcnding BCC approval. Normally the primary contact is thc pcrson who crcated/preparcd thc cxecutivc summary. Primary contact intormation is needcd in thc event one of thc addrcssees above, including Sue Filson, nced to contact staff for additional or missing information. All original documcnts needing the BCC Chairman's signaturc arc to bc delivcrcd to tbc BCC officc only after the BCC has actcd to approve thc itcm) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was September 27, 2005 Agenda Item Number 9A Approved by the BCC Type of Document Resolution 05- :3 3<6 Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. e N/A ,', \0 \Ch I: Forms/ County Forms/ BCC Forms/ Original Documcnts Routing Slip WWS Original 9.03.04, Rcviscd 1.26.05, Rcviscd 2.24.05 .T'.----- 9A RESOLUTION NO. 2005-338 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 87-78, as amended, confirmed the creation of the Golden Gate Beautification Advisory Committee and provides that the committee shall be composed of five (5) members; and WHEREAS, the terms of two members will expire on October 6, 2005, creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Cheryle L. Newman, representing Precinct 326, is hereby reappointed to the Golden Gate Beautification Advisory for a 4 year term, said term to expire on October 6, 2009. 2. Patricia Spencer, representing Precinct 326, is hereby reappointed to the Golden Gate Beautification Advisory for a 4 year term, said term to expire on October 6, 2009. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of Cheryle L. Newman to this Committee. This Resolution adopted after motion, second and unanimous vote. DATED: September 27, 2005 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . i...i. <) ~ ~ -;.' i..~. ~ .~ J d~/'a-. ~k~oJf) ,4 'A~~~'qw, i1taaA" ~,s19~ature oliJi . ..../'., ':' "'" " .'\,.- ',.-.\\'-<: Approvedas,tof6rm and legal sUffiGiency:_, d~ef~ County Attorney By: ~W FRED W. COYLE, Chairm Item # q A- Agenda q.g? -D 5 Date Date tD -5 -oS- Rec'd ( ( DA TE: TO: FROM: RE: MEMORANDUM October 5, 2005 Kay Nell, Legal Assistant County Attorney's Office Heidi R. Rockhold, Deputy Clerk Minutes and Records Resolution 2005-338 Resolution 2005-339 Resolution 2005-340 98 ,~. Enclosed please find one (1) copy of each of the documents, as referenced above (Agenda Items #9A, #9B, and #9C) approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures 98 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to thc Board OtTice. The completed routing slip and original documents are to be forwarded to the Board Ofllce only after the Board has taken action on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sil!nature, draw a line throul!h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above. including Sue Filson, need to contact statT for additional or missing information. All original documents needing the BCC Chairman's signaturc arc to be delivcrcd to the BCC office only aftcr thc BCC has act cd to approve thc item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Extension 8400 9B Yes (Initial) N/A (Not A licable) Resolution 05- Number of Original Documents Attached .....-., f. ., l j I.. I .-/ N/A t fi: I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Rcviscd 1.26.05, Rcvised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature I ine date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sionature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attome 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. RESOLUTION NO. 2005-339 98 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA TO APPOINT AND REAPPOINT MEMBERS TO THE COllIER COUNTY PLANNING COMMISSION. WHEREAS, Collier County Ordinance No. 91-102, as amended, the Collier County Land Development Code, repealed and replaced previous ordinances creating the Collier County Planning Commission; and WHEREAS, Collier County Ordinance No. 04-41, repealed and replaced Ordinance No. 91-102, as amended, which re-established the Collier County Planning Commission; and WHEREAS, Ordinance No. 04-41 provides that the Collier County Planning Commission shall be composed of nine (9) members representing the five commission districts; and WHEREAS, the terms of three members will expire, creating vacancies in Commission Districts 1, 3 and 5; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Lindy Adelstein is hereby reappointed as a Commission District 1 representative to the Collier County Planning Commission for a four year term, said term to expire on October 1, 2009. 2. Paul Midney is hereby reappointed as a Commission District 3 representative to the Collier County Planning Commission for a four year term, said term to expire on October 1, 2009. 3. Russell Tuff, is hereby appointed as a Commission District 5 representative to the Collier County Planning Commission for a four year term, said term to expire on October 1, 2009. This Resolution adopted after motion, second and majority vote. DATED: September 27, 2005 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i'~, <~\ {,' D A.f~~ ~~rb<h~ tnaan. s .- Signature onl Y' ' , ./. ''';'''' -", ,"-,,". Approved a~ t6!f&m.and legal sufficiency: '. 'j' ,I)c By: ~W. ~~ FRED W. COYLE, Chairm - D~ County Attorney Item # qD ~~~;da q -d-l-()<; Date to -5 -(f; Rec'd ~JKmk.w .tr puty Clerk DATE: TO: FROM: RE: MEMORANDUM October 5, 2005 Kay Nell, Legal Assistant County Attorney's Office Heidi R. Rockhold, Deputy Clerk Minutes and Records Resolution 2005-338 Resolution 2005-339 Resolution 2005-340 9C Enclosed please find one (1) copy of each of the documents, as referenced above (Agenda Items #9A, #9B, and #9C) approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures Tw-----.- 9C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand dclivcrcd to the Board Officc. Thl: completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's silmature. draw a line through routinl! lines # I throul!h #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl! order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was September 27,2005 Agenda Item Number 9C Approved by the BCC Type of Document Resolution 05- 5Lfo Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/ A (Not A Ii cable) 2. 3. 4. 5. 6. @ N/A (J) I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 , RESOLUTION NO. 2005-340 9C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA TO CONFIRM THE APPOINTMENT OF MEMBERS TO THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, REGION 24. WHEREAS, in 1996, the counties of Collier, Charlotte, Glades, Hendry and lee entered into an interlocal agreement for the establishment of a Workforce Development Board to ensure that a skilled workforce is available to the regional economy it serves; and WHEREAS, the Workforce Development Board, Region 24, is composed of 45 members representing the private sector, education, organized labor, rehabilitation facilities, community based organizations, economic development and public employment service; and WHEREAS, there are currently vacancies on this board; and WHEREAS, the Executive Director of the Workforce Development Board requests that the Board of County Commissioners confirm the appointment of members to this board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are hereby confirmed for appointment to the Southwest Florida Workforce Development Board, Region 24, for a three (3) year term: MEMBER BUSINESS/PROFESSION Amy Garrard Nina Velasco Todd Hoffman Ken O'leary Attorney Naples language Center Gulf Coast American Fabrication Paradise Gulf Corporation The membership of said terms shall expire on September 27, 2008. This Resolution adopted after motion, second and majority vote. DATED: September 27, 2005 ATTEST: . \' .';' f .-.... . '" DWIGHJE.'BR:OCK,Xlerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~c -".. ep.utv Cler.k . . C'" ..;.....;.... laeit. as . to. . n4, 11 lIICIJ1 , . S 1vn.ture: 'on),. .. Approved 'as to form and legal sufficiency: fl~:JH;~gJ-,IJ~ ~ · u1 David C. Weigel 2) County Attorney Item # qC Agendaq-:Jtt -0~ Date Date l D - 5 -6<-:) Reed &l Gaylord Merlin Ludovici Diaz & R~ln l , 9f ( C!f..J -'I f Eminent Domain, Inverse Condemnation & Property Rights September 27,2005 Collier County Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 RE: Fleischmann Trust Property Dear Commissioners: This firm represents the Fleischmann Trustees in connection with potential eminent domain proceedings by Collier County to acquire title to property owned by the Fleischmann Trust, including the Naples Zoo property. We have read of the things said privately and publicly to date regarding this potential forced acquisition by eminent domain. Weare writing to advise against exercise of the eminent domain option as a means to achieving the stated goal of preserving the Naples Zoo. Simply put, it is too costly to be the option most likely to serve the true needs ofthe citizen-taxpayers of Collier County and it is unnecessary. In our experience, eminent domain is always the most expensive way to acquire title to property. Such confiscatory acquisitions can expect to be met with maximum resistance, entailing lengthy litigation, until the fair market value ofthe property is finally determined by a jury. The jury must award the owner the market value on the date of the taking at its highest and best use, which rarely allows for any savings over what could have been obtained early and amicably through negotiations for voluntary purchase and sale. The fees and costs of all parties to the litigation are paid by the condemning authority. In a substantial case like this one, which can be expected to meet resistance at every phase, those litigation expenses can by themselves amount to millions. Such action in this case would be considered an unnecessary abuse of the power of eminent domain and would be fought vigorously. If the Trustees must value their property in any litigation forced by the County they would not be bound by valuation figures advanced in a good faith effort to reach agreement in the absence oflitigation. The Trustees believe that their property is worth far more than any figures which have been publicly discussed thus far and will seek every penny of the property's value plus litigation expenses if forced to defend their property in court. If less than the entire property is taken involuntarily there will be major severance damages that could be as great as the amount paid for the taking itself. 5001 WESTCVPRESS STREET - TAMPA, FLORIDA 33607-3887 TELEPHONE: 813-221-9000 - FACSIMILE: 813-221-9030 - TOLL FREE: 877-982-1900 www.gaylordmerlin.com (tv.) Collier County Board of County Commissioners September 27,2005 Page 2 , 9E '~ti , ,. We urge you to consider these words of caution, especially in this highly charged post Kelo atmosphere, where the public's response to government excess in takings cases has amounted to a complete rejection of any theory based on the premise that might alone makes right. Respectfully submitted, - and - Ellen 1. Neil, Esquire 5001 WEST CYPRESS STREET - TAMPA, FLORIDA 33607-3887 TELEPHONE: 813-221-9000 - FACSIMILE: 813-221-9030 - TOLL FREE: 877-982-1900 www.gaylordmerlin.com 8cc-!2. Q/Z7/0 5 , ~ qpfCR) ".." L FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES MEMORANDUM TO: Representative Mike Davis FROM: \;..0 Marian Deeney, Library Program Administrator DATE: September 23,2005 X Thank you for your recent request. We hope the enclosed will assist you. Attached is the Application form and narrative along with the Notification of Grant Award for the Golden Gate Branch Library in Collier County. In addition to this project, for your information, the County has submitted an application in April 2005 for a new 30,000 square foot South Regional Library. This application will be considered by the 2006 Legislature. If you have any questions or need additional information, please give me a call at 850-245-6620 or e-mail mdeeney@dos.state.fl.us o For your infonnatlon o Reply requested o Other i:JSTATE LmRARY OF FWRIDA R.A. Gray Building. Tallahaascc. Florida 32399-0250 · (850) 245-6600 FAX: (850) 488-2746. TOD: (850) 922-'W85 . bttp://www.doutate.O.uI i:JLEGISLA TIVE LIBRARY SERVICE i:J RECORDS MANAGEMENT SERVICES i:JFWRIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 24S-6750. FAX: (850) 245-6795 (850) 245-6700. FAX: (850) 488-4894 i:JADMINISTRA TJVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 J'9F'-C~) ....:()GEIM ~" ,/ \. ~,'i> ~,-, .,.~, ......' ,\f/:~ ~, .........'~ ,:,;' ,-:-... r:~",",ll-:.'~ . ' ,,-.' ... , . ..... ' FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DMSION OF LIBRARY AND INFORMATION SERVICES July 19, 2005 Marilyn Matthes, Project Manager Collier County Public Library 2385 Orange Blossom Drive Naples. FL 34109 Subject: Public Library Construction Grant Awards - FY2005-2006 Project: 06-PLC-04 Golden Gate Branch Library Dear Ms. Matthes: The Division of Library and Information Services has been advised of a State General Revenue appropriation for Public Library Construction Grants for FY2005-2006. I am pleased to advise you that the project identified above was funded. The "Public Library Construction Grant Information" sheet contains important information that you need to know about your grant. Also. check for any grant requirements that may be included under "Terms and Conditions" on the Notification of Grant Award. Please contact Marian Deeney. Library Program Administrator in the State and Federal Grants Office for assistance if you have any questions or need more information. She can be reached at 850/245-6620 or mdeeney@dos.state.fl.us. Sincerely, Q~~ q fi1~ State Librarian JR/md Enclosures pc: Faye Roberts, Liaison Q STATE LIBRARY OF FLORIDA R.A. Gray Building . Tallahassee. Florida 32399-0250 · (850) 245-6600 FAX: (850) 245-6643 . TOO: (850) 922-4085 . bUp:lIwww.dos.state.f1.us Q LEGISLATIVE USRARY SERVICE CJ RECORDS MANAGEMENT SERVICES (J FLORIDA STATE ARCHIVES (850) 488-2812 . FAX: (850) 488-9879 (850) 245-6750 . FAX: (850) 245-6795 (850) 245-6700 · FAX: (850) 488-4894 Q ADMINISTRATIVE CODE AND WEEKLY (850) 245-6270 . FAX: (850) 245-6282 CeR) " n- 7,- T' .' :~ '~;r} PUBLIC LIBRARY CONSTRCUTION GRANTS NOTIFICATION OF GRANT AWARD Fiscal Year 2005-2006 Recipient: Collier County Board of County Commissioners Collier County Public Library 2385 Orange Blossom Drive Naples, FL 34109 Marilyn Matthes, Project Manager Project Start Date: Upon execution of grant agreement PROJECT Golden Gate Branch Library PROJECT # 06-PLC-04 CSFA # 45.020 AWARD $500,000 TERMS AND CONDITIONS . The following material must be submitted to the Division for approval no later than Seotember 30.2005: 1. Specific location of site and a narrative evaluation of the site of the building to be constructed, expanded, or remodeled that is prepared and signed by a professional librarian, who has completed a library education program accredited by the American Library Association, functioning as a building consultant. The professional librarian functioning as th.e building consultant may be a library staff member and may also be the project manager. The site evaluation should justify the choice of site considering: a. Plans for future expansion or growth; b. Community growth and traffic pattern projections for the future; c. Adequate parking, taking into consideration local zoning and building codes, or standards; d. Convenient access to major pedestrian and vehicular traffic routes; and e. Physical characteristics of the site. 2. Assurances, such as a deed, showing that the applicant has legal title to the property and building, a long-term lease of not less than 20 years or a resolution adopted by the applicant's governing body, that the applicant has unconditional use of the site and the building. If a resolution is used as proof, it shall state whether the applicant owns or leases the site and building. 3. A comparison of the proposed project to .6 square feet per capita for total floor space and standards for library facilities and services. Cite standards used and the source of standards. This shall include at a minimum: a. Total floor space: b. The amount and kind of space required for all library functions, including both public and staff areas, meeting space, and space for specific services; ce-rz) c. Shelving required; d. Staffing required; e. Lighting required; and f. Telecommunications and electrical requirements. 4. A list of the kind and amount of initial furniture and equipment needed for the project. 5. Subsurface soil analysis. This analysis, which involves soil borings, is to assure that the site can support the weight of a library building. The analysis is required for the following: a. New construction; b. Expansion of existing library facility onto previously unbuilt land, including parking lots; or c. Projects involving an existing building that was not previously used as a library building. If problems are identified in the analysis, the Division must be informed of how the problems will be corrected. 6. Certification that the construction project will be in compliance with Federal Executive Order 11988 Floodplain Management, as amended by Executive Order 12148, including certification that the use of flood plains in connection with the construction will be avoided as far as practicable. If problems are identified, the Division must be informed of how the problems will be corrected. 7. Assurance that the site selected for the construction project does not interfere with the protection of properties listed in the National Register of Historic Places in accordance with Section 267.061, Florida Statutes. This assurance can be obtained from the Department of State, Division of Historical Resources. 8. Certification by grantee's governing body such as a resolution, or, a signed document from the person or position designated by the grantee's governing body in the resolution submitted with the application, that the grantee will competitively award construction contracts based on the submission of sealed bids, proposals submitted in response to a request for proposal, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiations. This also includes contracts for construction management services or design-build contracts. Such awards to a private sector contractor must be permitted by applicable municipal or county ordinance, by special district resolution or by state law including Section 255.20, Florida Statutes. If competitive negotiations are used, the award shall be in accordance with Section 287.055, Florida Statutes. . The following material must be submitted to the Division no later than 30 days prior to the construction project being let for bid or Guaranteed Maximum Price being awarded. This also includes contracts for construction management services, or design-build contracts. 1. Final floor plan with furnishings and equipment; 2. Final site plan; and 3. Final elevations. :f.'~ ! Submit one set of specifications and two sets of drawings prepared by a licensed architect. OnC&set of these plans shall be 24 n x 36n or 30n x 42" and the other shall be 11" x 14 n. c(!~) If there are changes in the design or size of the building, the grantee shall provide revised floor plans, site plans, and elevations to the Division. . A contract for construction must be awarded no later than December 23.2006. 7-/4 -;,~5-' Date Florida Department of State, Division of Library and Information Services R.A. Gray Building, Tallahassee, Florida 32399-0250, (850) 245-6620, SUNCOM 205-6620 , Qr- ..~? Doc. # ... A~:Eation &~; Florida Dt:.. .ment of State, Division of Library and Infor~ ~tion SenieeI Certification. PUBLIC LIBRARY CONSTRUCTION GRANT APPLICATION Application Deadline: April!. 2004 I. APPLICANT INFORMATION A. LEGAL NAME OF APPLICANT (Government) Collier County Board of County Commissioners Street 3301 Tamiarni Trail f;gn City ,Naples Zip 34112 County Collier Name of Chainnan of Applicant's Governing Authority Donna Fiala Federal Employer Identification (FEID) Number fS9-6000fS58 B. NAME OF LmRARY DIRECfOR John W. Jones Telephone <m) 593-3511 Fax (239) 254-8167 E-mail ~wi51@hotmail.com Library Collier County Publi~ Ubrary Street 2385 Oranae Blossom Drive City NaDles Zip 34109 C. NAME OF PROJECT MANAGER Marilyn Matthes Title _ Assistant ~brary Director Agency, organization or governmental unit Collier County Public Ubrary Street 2385 Oranac Blossom Drive City Noplcs Zip 34109 Telephone (239) e93-3!511 Fax cn2) 2M-8167 E-mail mmatthaf?ecDlib.oro D. NAME OF BUILDING CONSULTANT (MLs degree) Marilyn Mattha Street 2385 Oranae Blossom Drive City NaDles Zip 34109 Telephone (239) e93-3!S11 E. NAME OF REGISTERED ARCHITECT Baranv Schmitt Summers Weaver and Partners. Inc. Public Ubraty Con&lruCtion Grant Application DLISIPLCOI. Effective 11912003 Street 5185 Casmlo Drive SUite 4 City Naples - Zip 34103 Telephone (239)643-3103 Registration Number AACOO1963 "'9F F. INDICATE IF CONSIDERING STARTING THE CONSTRUcrION PROJECT PRIORTOTHEGRANTAWARD YES NO XX - -- Public Librarv Consl:nM:lion Grant Application ((Jz) , .' .<1". .~ ., , 9F '~ ~1<) ::.t, .;'?; II. PROPOSED PROJECT A. Name of Proposed Facility SoIden Sate 8rcuM;h Ubrarv ExDGnSion B. Type Com1rudioD Project (~heck one): _ New Building ....s Expansion _ Remodeling c. Building to be Used as (~heck one): Single county libmry headquarters Multicounty or libmry cooperative headquarters Multicounty or library cooperative branch or member (more than one libmry in county) Multicounty or library cooperative branch or member (only library in county) xx Single county branch or libmry cooperative member _ Independent municipallibmry (headquarters ) _Independent municipal library (branch) m. PROJECT DATA A. Floor Area in Square Feet 1. Facility prior to project (Check one and give square feet where applicable): _8. No facility currently exists _b. A facility currently exists, but will not be used as a library _nla_ sq. ft. after project completion XX c. A facility currently exists and will be used by library after 7.000 sq.ft project (may be present library or another building) 2. New facility to be constructed _nfa sq. ft 3. Expansion of existing facility Square footage of existing building 7.000 sq.ft. Square footage of the portion of building to be expanded 15.000 sq.ft Total square feet of building after expansion 22.000 sq. ft. 4. Remodeling of existing facility (not included in # 3) nla sq.ft. B. Geographical Area And Population To Be Sen'ed By Proposed Facility: 1. Name of city(s), county(s) or region. (If the service area does not conform to city or county boundaries, give the location and population by census tracts.) Golden 6crt&. Collier Cowrtv. Florida; includina tracts 104.08. 104.09. 104.10. 104.11. 104.13. 104.14. 105.03 2. Current population 30.000 The population should be from the most cwrent Aorida EotimlltP.s of Population. University of Florida. Public Library Construction Grant APCllication ., ~9F .~ @~) IV. ESTIMATED COST OF PROJECT A. Funds By Category (Indicate project cost by applicable categories): 1. Architect's Fees (include planning costs) 2. Site Acquisition 3. Acquisition cost of building 4. New Construction 5. Expansion of existing building 6. Remodeling of existing building 7. Initial Equipment 8. Other (Specify) Fumi'hrc. I~ 9. TOl'AL (Must equal B.4) $ 418.725 $_ 4.000.000 B. Source of Funds: 1. Local funds available $ 3.!JOO.OOO 2. Amount of funds requested from the Public Ubrary Construction Grant Program (State General Revenue) $ !IOO.OOO 3. Amount of funds requested from other State sources $ QQ , 4. Tar AL (Must equal A.9) $ 4.000.000 If total above includes funds already spent, please specify amounts, type and dates of expenditureS. (Appraisal costs and incidental purchase costs such as surveys, title insurance, legal fees, etc., are not eligible expenditures and are not reimbursable.) Advance plans Amount $ _281,275 ~ 9/18/03 (P.O. committed on this date. Not '1 PIIblic: Libnrv Consttw:tion Grant AlJl)!ic:alioo Estimates Acquisition of Lands Other (Specify) Engineering Fees Engineering Fees By: Donna.Fial~,~""", ,-<.r~t · iJ'i/fJf~ """ ATIEST' -,-..~" ............. ~ '" . .... ,(',.. -. .-; ~ ....., " "~4. ~ .. \:~. ~_ .... . ,-,."."""...,'1 . ". DWIG - :~il~::c~ \,~ = '':: '~~:~. ~!'..-, :,: :. ,:... :, (:.; J I.,~ ..... :,.. - . . oJ . ~ By: Atte sA~tlAfls' t ciency: - ffi3-$---~ l~ .. -- Thomas C. Palmer Assistant County Attorney Public Library Construction Grant Application 9F *..,r all fll1ds have been spent.) $ nla $ n/a $ 1.362 $ 25.840 10/21/2003 12/03/2003 ... (!;F) Doc .'4 ~~~e~criP:on. Building Program INTRODUCTION The Collier County Board of County Commissioners (BCC) approved and directed the Chairman to sign this Public Ubrary ConstMJction 6rant Application at its regular meeting on March 23, 2004. (Agenda Item #16D2.) The Executive Summary requesting this action outlined the following requirements should the Library be awarded this grant: -Eligibility requirements are minimal: the County Library must provide at least an equal amount of matching funds for the construction project; additional funding needs to be sufficient to complete the construction project; sufficient funds must be available to operate the library after completion; and, the County agrees to operate the building as a library for at least 20 years after completion.u The BCC approved unanimously the construction grant application and these requirements. At this stage of planning, the architect anticipates a total cost of approximately $4 million, with matching funds of $3.5 million coming from the Library's Impact Fee Fund. Impact Fees can be used for construction of new libraries and the purchase of new materials needed to keep up with the Levels of Service, as specified in the County's Growth Management Plan. Fees are assessed based on the square footage of new residential homes and condominiums. In preparation for the enlargement of the Golden Gate Branch, library staff members have organized focus groups to provide suggestions as to the features most desired in this new library. None of the groups have been shy with their suggestions. Library staff met with media specialists, including the media specialists for the two new Golden Gate area schools to arrange a teenage focus group. A bribe of pizza encouraged 25 young adults to attend an evening meeting and share their ideas for the new library. An advertised public meeting for Golden Gate Branch Library community brought out 20 people, including seniors, parents and children, and the local County Commissioner to share their ideas for the new facility. A review of existing facilities finds the following as of September 30. 2003: The 7,000 square foot building houses 65,000 books and nearly 10,000 audiovisual materials, including videocassettes, DVDs, books on tape, and compact discs. An average of 856 people visit the library daily, checking out 285,656 items annually. Seven staff members provide service to the 35,000 residents 60 hours weekly. Collier County Public Library Golden Gote Construction Grant Application March 31, 2004 1 r 9F CCz) -,.. Approximately 70'0 of GG library cardholders are adults, and 30% are children and young adults. Adults borrow 67'0 of Golden Gate Library materials. Children and young adults borrow 33%. In FY03, 445 children's programs attracted 8,518 participants. These statistics show an active and well-used, small public library. A visit confirms the statistics and also shows the crowded stacks, the shortage of seating, and the other problem areas discussed in this application. But a visit also shows the vital work being accomplished by the branch despite its shortcomings. Whether you visit during story programs or during the after school rush, you know the branch library is a vital part of the neighborhood and of the lives of the residents. Collier County Public Library and Collier County Government have worked hard over the last 10 years to ensure all residents have better than-adequate-facilities and equal access to all of the Library's resources and to those provided through local, regional and state cooperative library services. This construction project is another step in the process. 4. Narrative Description of Construction Project: This construction grant application outlines plans to transform the 7,000 square feet of the Golden Gate Branch Library into 24,000 square feet of modern, usable library space for the growing population of Golden Gate. The existing building will be leveled. a. How Solden 6ate Branch Ubrary functions: This small branch library currently functions as a small neighborhood library within the Collier County Public Library system. It is one of eight branch libraries. Infrastructure, including centralized ordering and processing of library materials, a centralized automation system, and administration is provided by the County library system. The library is located within the boundaries of the 'Golden Gate Government Center Master Plan'. This area includes the library, a community center, park, fire department, and police substation. Discussion about adding a tax collector's office has not reached any conclusions to date. Currently, these entities function without much interaction. Eventually, however, the site will share utilities, such as drainage, parking, and sidewalks, and become more of a unit that offers a variety of govemment services. Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 2 , 9F Each library branch has its own operating budget and staff as part of the overall library budget. Staff members are assigned to a specific branch or department, and generally are not moved to different locations. The Library Advisory Board and Library Administration establish policies for the entire library system. The Library Extension Services Manager supervises the branch libraries and receives supervision from the Assistant Library Director. Programs, services, and library collections are planned specifically for the community that the library building serves. While Collier County is thought of as a retirement destination, the Golden Gate area has a large number of families where both parents work. Area parks, libraries and community centers emphasize family activities for the large number of children and young adults in the community. Currently, the area has 12 schools, both public and private. A new high school and a new elementary school are scheduled to open in fall 2004. Nine of these schools are within walking distance of this branch library. It is also in the midst of several major shopping centers, including a national grocery store chain and a national discount store. It is also located next to Golden Gate Community Center. In response to this community need, the library placed its first full-time branch children's librarian at the Golden Gate Branch in fY02. She is responsible for the children's programming and children's materials selection at the Golden Gate Branch. In fY03, Golden Gate Branch presented more children's programs than any branch library, with the exception of the Naples Branch, which is 5 times larger than Golden Gate and is the former Headquarters Library. The Golden Gate Branch has no separate multi-purpose room for programming. Children's programs are held in the children's room. When attendance exceeds 30, the book stack area is used for additional seating. When attendance reaches 100, and even 200 on occasion, the entire room is closed for the program. No one can then use the children's book collection during these programs. The children's program schedule also has an impact on other library users. Older patrons, who appreciate a more traditional, quiet library, quickly learn when the programs are held and adjust their schedules to visit the library during other times. Young adults also shy away from this library. Quiet detective work leads us to believe there are several causes for this problem. First, the large numbers of elementary and middle-school students using this small branch library deter many of the older teens from visiting the library. The building has no area that can easily be used by older teens for group study or research. Staff has not tried to schedule many young adult programs, due to the lack of space. They cannot talk quietly about a school project without disturbing other users. The small building also limits the number of public computers available. Word processing is not available for students Collier County Public Library 3 Golden Gate Construction Grant Application March 31, 2004 .~ ((\2-) .:~ ,. 9F' .... Jct~ to use in doing homework. Finally, the small collection size limits the quantity of young adult materials that the library can house. Currently, the Branch has only a small alcove to shelve and display middle-school materials. New user groups are also negatively impacted by the small library facility. The Hispanic population in Golden Gate was very small when the branch was built in 1978 and also when it was enlarged in 1993. In 1980, there were 9,255 Hispanics living in Collier County. The Hispanic population increased by 55'0 by 1990, to 20,734, and by another 58'0 by 2000. (Social Science Data Analysis Network, http://www.censusscope.org/) There are no similar statistics for only the Golden Gate area. The Library does, however, have 3 employees who worked at the Golden Gate Branch during the period of 1985 through 1995. Even into the early 1990s, these staff members note that the Hispanic population using the library or living in the Golden Gate area was only slight. Most patrons were older adults. Current library staff members report the increased use by people with limited English skills. Driving through the Golden Gate area, it is now easy to find businesses catering to Hispanic residents. Large billboards, written completely in Spanish, advertise products to this emerging market. Members of the Hispanic community have petitioned the Golden Gate Library to increase the Spanish language materials. Spanish-language books, audiovisual materials, magazines and newspapers have been added in response to these and other patron requests and are very popular at this location. Both the Branch Manager and the Children's Librarian recently traveled to Miami to purchase books in Spanish. The lack of space, however, prohibits the library from significantly expanding this collection. The Library's literacy service has also expanded to the Golden Gate Branch. A Verizon Literacy Grant purchased a computer and software used solely to help people learn to speak and read English. Unfortunately, this computer workstation had to be placed in a corner of the Children's room, not only using some of their precious space, but also not providing any privacy for users. Some literacy tutors meet students at the library despite the lack of private tutoring areas. Participants would like to expand an 'English Conversation' group program, but the Branch lacks room for the program to grow. A Hispanic medical doctor meets with a small group to provide health information to the Hispanic community. The small reference room is the only space available for this small group, or any group to use. The national resurgence in the popularity of knitting and paper crafts is also being felt in Collier County. The adult public users are asking for these kinds of programs, as well as for more traditional book clubs and computer training programs. Again, the Branch holds very few adult programs, because each one held disrupts the normal use of the reference room. Whenever these groups are turned away due to Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 4 "9F ~ lack of space, the library loses another opportunity to be truly an integral part of the neighborhood and community. Because many of the families in the Golden Gate area have both parents employed outside the home, the Library is a destination, and not just a stop on their list of errands. Library users come and spend more time in the library browsing for books and videocassettes for the entire family, reading magazines and newspapers, and doing homework. This welcomed use taxes the seating areas, the quantity of library materials, and the parking available at the current facility. b. How the Construction Project will contribute to new and improved services: This project will provide an incredibly, positive impact on library services in the Golden Gate area. As noted above, the area already has experienced a large growth in the number of school-age children, as indicated by the plans to open new schools in the area. The current facility cannot provide sufficient space for children's and young adult services. While this branch provides more children's programs than other branch libraries, it cannot accommodate the attendance that other branches can. Two other similar-size branch libraries have fewer programs, but larger attendance because they do have adequate space. The Estates Branch, which is located near the Golden Gate Branch, is one such library. Young adult usage is very small in Golden Gate, which has both middle and high schools within walking distance. Using the library has not been a high priority for a large percentage of these young adults. . Problem: Current children's programs find participants using the carpeted floors for craft projects. . Improvement: The new building will incorporate at least twice the amount of space currently used for children's collections and services. An adjoining program and craft room will ensure that the book collection remains open during children's programs. The activity area will be flexible, so that it can accommodate a variety of events, including: craft projects on tables; traditional story programs for small and larger groups; plays and puppet shows; special events such as repti Ie and trained bird shows; and even interactive and noisy concerts and events. All of these activities will be encouraged and welcomed with the additional space and improved acoustical design. Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 5 r9F :'~;f~R) :/) . Problem: Parking is difficult during regular story hours and special programs. Parents are parking on the grass and across the street to ensure their children can attend the programs. . Improvement: The library property will be integrated with the rest of the 'Government Center', including parking expansion directly around the library and the addition of sidewalks from other existing bui Idings and parking areas. Ample parking will be available on the site, with each building able to use other parking areas during their busiest times. Family members will be able to use multiple services during the same visit to the Government Center. . Problem: The building is currently hooked up to a septic system that has caused numerous back-ups and leaks inside the building and within the walls, increasing mold and mildew problems and causing unpleasant odors. At times, the Library has closed for several hours while current emergencies were cleaned up. . Improvement: Since the entire building will be leveled, the existing septic system will be eliminated, and the library will be hooked into the local sewer system, and thereby eliminating these problems. . Problem: Young Adults do not use the Golden Gate Branch in numbers that match the actual young adult population living in the area. . Improvement: The new library will provide a separate area for teens, including individual and small group study rooms; a research center with computers for doing school work; a bright, attractive, youth-oriented decor; and an area that keeps their noisy activities contained and not disturbing to other patrons. A librarian will be hired to specifically work with the older teens, providing after school homework help, programs, and other services. . Problem: The Library does not have sufficient room to provide programming opportunities for increasing numbers in Hispanic residents. The quiet 'reference room' currently must double as a program room for these activities, as well as for other adult library programs, including book discussions, computer programs and craft and hobby programs. . Improvement: The new building will have a separate multi-purpose room that can host programs such as the English Conversation Group for Hispanic Health Information. This room will be in addition to the program and craft room used by young adults and children. Staff will be able to offer programs requested by the public, including computer classes. Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 6 t> 9F ... Ce.R) .~ ':;". < . Problem: The Library does not have sufficient space to provide literacy tutors and students a quiet place to work without bothering other library users. . Improvement: Individual tutoring spaces will be available for 2 or 3 students and tutors to use simultaneously. They will be able to maintain the privacy they need and not disturb other library users by their conversation. . Problem: The Library has roughly 250 square feet to house a video and DVD collection of approximately 5,000 items. Items are shelved 'spine' out, making it more difficult for users to browse the collections. Shelves are located around the perimeter of the small room, leaving the center for patrons to browse the shelves. When more than five patrons are browsing the collection at the same time, the room gets extremely crowded. Should one or more have a baby stroller, the room becomes impossible to use. With 25,000 registered users, it is difficult for users to feel comfortable browsing such popular and crowded shelving. Space constraints also prohibit staff from providing book and audiovisual displays highlighting titles or a particular subject area. . Improvement: Preliminary building plans show approximately 2,400 square feet for the combined areas of new books and audiovisual materials. This will provide for 'face-out' displays and room to browse shelves without bumping into other users. The library anticipates additional circulation and use of materials currently housed on overcrowded shelving. . Problem: The library cannot provide quiet study areas for anyone. During normal activities, even with no programming scheduled, patrons have a hard time finding a quiet area to study or read. As noted previously, some older library users come to the library when there are no children's programs scheduled-to try to avoid the resulting activity and noise. Because tables, computers, book stacks, reading areas and the circulation desk are in close proximity to each other, any quiet conversation or staff interaction with the public is disturbing to other users. . Improvement: The two main user groups that cause a significant amount of the noise will have separate areas, with excellent acoustical controls. Both the children's programs and young adult activities will be segregated from the adult reading and study areas. Catalog and Internet computers will have sound control features around their service areas to allow for quiet instruction and assistance for the public and prevent the conversations from carrying throughout the building. Individual users wi II find areas that are segregated from noisy activity areas and use them for both study and reading. Collier County Public Library Golden Gote Construction Grant Application March 31, 2004 7 , 9F (~) ~,I.'" .f!,J , . Problem: The public Internet computers are always busy, and users have to wait a long time to be able to use one. They are located near the circulation desk, without the room to add more computers. Residents of the Golden Gate area have fewer home computers than other areas of the County and must rely more on public access computers. . Improvement: The library anticipates adding eight Internet-accessible computers to the adult area, a minimum of eight computers to the young adult area, and 4 computers to the children's area. Current space limits prohibit buying additional computers now. Two computers will be designated as 'express stations' only, with a 15-minute time limit on use. The additional computers and the express stations should provide more access for Golden Gate residents and shorten waiting times. . Problem: Seating space is limited and too close together. The adult and young adult areas each have two tables with 8 chairs; the reference room has three tables with fourteen chairs; and the children's room has five tables with seventeen chairs. The combined total equals only twelve tables and forty-seven chairs for the 25,000 cardholders of the Branch library. There are no casual seating areas. In addition to the shortage of seating, the tables are in too close a proximity to each other. Any discussions or conversations, even quiet ones, are disturbing to other library users. . Improvement: Using Libris OESISN 3.0to estimate furniture needs in a 24,000 square foot building, the Library estimates that a minimum of 100 reader chairs and a minimum of 22 tables will be purchased for this building, effectively doubling the building's seating capacity. As the plan develops with specific spaces and building configurations, these quantities will likely increase. At least 20 casual or lounge chairs, along with end tables, will also be added. The current building has no casual seating. (Chair and table counts did not include Internet and computer workstations and meeting room seating and tables.) . Problem: The Branch has not been able to provide many services that are typical of a neighborhood branch library. One example is the lack of space for community information. Currently, some community events are highlighted with a pile of flyers on the circulation desk and a single notice displayed in an acrylic holder on the desk. The circulation desk is already small, but it is the one central point of contact for registering new patrons, returning materials, checking out materials, resolving overdue issues, and providing reference services to the community. Adding public notices to the desk is only minimally effective in providing information to library patrons. Collier County Public Library Golden Gate Construction Grant Application March 31- 2004 8 '9F ~R) . Improvement: The new Library will provide an area for community information that includes public notices, community events, and public service information. A carefully planned display area will provide an attractive and useful area for Golden Gate residents, enabling the Branch Library to better provide for their information needs. The circulation desk will be much larger and more capable of handling the diverse functions now required of it. . Problem: In summary, the current building has not kept pace with the size, diversity, and needs of the community. The 7,000 square foot building was adequate for the population 10 years ago. The book collection numbers nearly 70,000 titles and completely overwhelms the book stacks. New materials are extremely difficult to shelve-and even harder for the patrons to find. The population of the entire county and specifically the Golden Gate area has dramatically increased in those 10 years. While the population of Collier County is projected to increase by 82'0 between 1990 and 2005, the population of Golden Gate is projected to increase by 93'70 in the same time period. Not only has the population increased, the needs of the residents have changed, and the population itself is becoming more culturally diverse. The Golden Gate Branch cannot adequately provide service to its neighborhood residents today as it did in 1990. Each of the problem areas discussed above share the common thread of inadequate space. . Improvement: The current population likely to use this branch library numbers approximately 35,000. The Collier County Growth Management Plan requires the county to provide a minimum of .33 square feet per person of library space. The library's proposed 24,000 square feet building exceeds the minimum county requirement by over 12,000 square feet. The building will exceed the State standard of .6 square feet per person by 3,000 square feet. The building will provide space to attractively house its materials collections, provide appropriate areas for children, young adults, adults, and for public programming. No longer will the adult seeking the quiet library experience need to schedule visits when no children's programs are being presented. Visitors will have adequate and convenient parking and be able to easily locate community information at their neighborhood library. Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 9 t 9F ~~ ~.t ?~,V" . "''::lj ~ c. The effects of staffing, maintaining, and costs of operating the proposed facility: Enlarging the Golden Gate Branch Library from 7.000 square feet to 24.000 square feet will have significant impact on staffing and operating costs of the new facility. Current After Construction Increo.secl Costs Staff 7FTE 12 FTE $ 160.000 utilities $15.000 $ 60.000 $ 45,000 Maintenance $ 1,000 $ 2,000 .. $ 1,000 .. Maintenance of existing facilities is provided by the County Facilities Management Department. They budget for replacement and repair of anything within existing buildings. When a building is renovated and enlarged. such as this project, Facilities Management includes the additional costs to clean and maintain the landscaping in its budget. Each library location has minimal funds to pay for some maintenance items that are 'discretionary' and not truly replacement of or repairs to the building. Experience shows that these costs will increase slightly as the building size increases. and we will increase our budget request to cover these anticipated costs. The County has already committed to the expansion and construction project by permitting the Library to hire the architectural firm to design the building. No library construction projects that have reached this stage have ever been cancelled. The Library has never had to delay opening a building due to lack of operating funds or sufficient staff. The County's Facilities Management Department is part of the design team. They. therefore, have the information needed to increase their budget requests to include the additional square footage in the appropriate fiscal year. Even in difficult budget years, the Library has always been able to hire additional staff members to provide adequate services at new library facilities. The County has leamed that the Library is conservative and realistic in personnel requests. resulting in overall success for the Library. 5. Building Program a. An Historical Perspective of Collier County Public Ubrary: Library service in Collier County is relatively new. In about 1957. the Naples Women's Club provided a space for a small, volunteer-run lending library. A bookmobile started operation from this location, visiting communities in Collier County 2 or 3 times per month. A private land donation and volunteer fund-raising Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 10 9F ..,. j(l2-) c. The effects of staffing, maintaining, and costs of operating the proposed facility: Enlarging the Golden Gate Branch Library from 7,000 square feet to 24,000 square feet will have significant impact on staffing and operating costs of the new facility. Current After Construction Increased Costs Staff 7FTE 12 FTE $ 160,000 Utilities $15,000 $ 60,000 $ 45,000 Maintenance $ 1,000 $ 2,000 * $ 1,000 * Maintenance of existing facilities is provided by the County Facilities Management Department. They budget for replacement and repair of anything within existing buildings. When a building is renovated and enlarged, such as this project, Facilities Management includes the additional costs to clean and maintain the landscaping in its budget. Each library location has minimal funds to pay for some maintenance items that are 'discretionary' and not truly replacement of or repairs to the building. Experience shows that these costs wm increase slightly as the building size increases, and we will increase our bud~t request to cover these anticipated costs. The County has already committed to the expansion and construction project by permitting the Library to hire the architectural firm to design the building. No library construction projects that have reached this stage have ever been cancelled. The Library has never had to delay opening a building due to lack of operating funds or sufficient staff. The County's facilities Management Department is part of the design team. They, therefore, have the information needed to increase their budget requests to include the additional square footage in the appropriate fiscal year. Even in difficult budget years, the Library has always been able to hire additional staff members to provide adequate services at new library facilities. The County has learned that the Library is conservative and realistic in personnel requests, resulting in overall success for the Library. 5. Building Program a. An Historical Perspective of Collier County Public Ubrary: Library service in Collier County is relatively new. In about 1957, the Naples Women's Club provided a space for a small, volunteer-run lending library. A bookmobile started operation from this location, visiting communities in Collier County 2 or 3 times per month. A private land donation and volunteer fund-raising CoJlier County Public Library Golden Gate Construction Grant Application March 31, 2004 10 r 9F resulted in the central avenue library construction in 1966. No public funds were used in the project. This Headquarters Library had two additions built-on and was finally completely rebuilt in 1992. With the completion of the new Headquarters in 2002, this old building became the largest branch library in the system. Golden Gate Branch Library, like several other Collier County branch libraries, was started by volunteers and first located in a rented storefront building. In 1968, the circulation totaled 499-for the entire year. In 1969, the Branch was open eleven hours per week and staffed by all volunteers. The 1972 Florida Library Directory listed Winifred Parson as head of the Golden Gate Branch Library. The first permanent building was completed in 1978 at a cost of approximately $200,000. This 4,000 square foot branch library served the area well until 1993, when a 3,000 square foot addition was constructed for a cost of $427,000. Golden Gate is an unincorporated area of Collier County. It is primarily a working class community located about 9 miles from the beaches of the Gulf of Mexico. Collier County has grown from a population of 15,753 in 1960 to nearly 300,000 people today. As the population in the entire County has grown, so has the population in Golden Gate. The earliest planning data for Golden Gate shows a population of 18,412 in 1990. By 2005, Golden Gate is expected to have a population of 35,620-nearly doubling in 15 years. Mission of the Ubrary: (As updated in Collier County Public Library, Long Range Plan, 2003 - 2008) The Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials, and services for the informational, educational, recreational and cultural needs of the residents of Collier County. Additionally, the Collier County Public Library will provide courteous, knowledgeable and effective customer service in meeting the informational, educational and recreational needs of our community that exceeds expectations. Roles of the Ubrary: (As updated in Collier County Public Library, Long Range Plan, 2003 - 2008) Using the Public Library Development Program 'Planning & Role Setting for Public Libraries' the Library has identified three major service roles that it plays in the community. They have been, however, modified to fit the needs of local residents. These roles are: Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 ..""""", CCR) \ .~ 11 9F ., tR> ,,t. . "!~ .:;.~ Popular Materials Ubrary For many people, reading is an important recreational activity. The Public Library must feature a wide selection of current, high demand, high interest materials in a variety of formats for users of all ages. The Library must also actively promote and encourage the use of these resources. Children's Door to Learning and Reading Enjoyment The Library encourages young children to develop an interest in reading and learning through our children's services departments, providing programs, materials and activities for parents, children, and child-care providers. General Information Center, including Reference, Information and Referral, and Uteracy The Library actively provides timely, accurate, and useful information for community residents in their pursuit of job-related and personal interests. Programs include regular reference desk service, telephone and e-mail reference, an I & R program, and literacy programs. In order to continue to meet the changing informational needs of the residents of Collier County, the Long Range Plan will likely be updated during the summer 2004 to emphasize services to growing populations of non-English speaking users and older young adult users. b. 6cncral Design Requirements and Ubrary Functions General Design Requirements: This project will replace the existing 7,000 square foot library branch building with an approximately 24,000 square foot modern branch library. No part of the existing building will be used. During construction, existing services, collections, and staff will move into a rental space. Rental spaces available in the area are currently being evaluated for suitability and cost. Construction time is expected to be approximately one year. Evaluation of the site and building show this approach to be a significant cost savings over any attempt to build around the existing structure. The existing building also limits the ability to add architecturally 'interesting' and usable library spaces. The new building will be a single-story building that provides the best appearance to fit within the existing neighborhood. A second story at this location would be out of character and impose other administrative challenges. Library property covers approximately 1.5 acres, with the entire site including the Golden Gate Community Co/Jier County Public Library 12 Golden Gate Construction Grant Application March 31, 2004 J..9F Center, a neighborhood park, and several small government buildings, covering 21 acres. Currently an 'old Florida' theme is being considered for the building. To provide easy access to the building from the major parking area and to comply with existing County ordinances, two entrances are required. An open floor plan and some interior glass walls will enable staff to have a good view of activities within the building. This open floor plan, with a minimum of load bearing walls, will enable the Library to more easily make future program changes as the needs of the community and technology change. As noted numerous times above, the existing building has serious space deficiencies. Therefore, the prime focus, in this building program is that careful attention be paid to providing adequate floor space for services, collections, and people. Adequate space must be included for tables, casual seating, elbowroom at the book and audiovisual shelves, and areas for quiet single or group study. Specialized areas should include space for story times, quiet study, group work, meetings and computer usage. Shelving will not be crowded with materials on opening day but will allow for the natural growth of the collections. The building needs to include space for shelving of non-print materials. Shelving areas should include attractive display shelving that will encourage library users to browse and explore collections or subjects they might otherwise ignore. The building should be arranged so that it provides for effective usage by the public and efficient usage and supervision by staff. The noisier activities should be grouped together, away from quiet study areas. Golden Gate has a large population of children and young adults. Their noisy activities need to be kept away from the adult newspaper and reading areas. Staff recommends that the children's and young adult rooms be placed at one end or side of the building, separated by a joint-use program room. Children will use this room during the day for story programs, arts and crafts, and other noisy and messy activities, and after school young adults, can use it for their noisier activities. Computers and audiovisual materials need to be in visual sight of the circulation desk, to permit staff to easily assist patrons and to enhance building and materials security. Cabling and power supply provided should allow for changing computer needs. Several sections of the building plan will mention acoustical controls so that activity noises do not disturb other user groups. Also important is the sound control of normal mechanical sounds and general background noise. Patron use of the interior CoJ/ier County Public Library 13 Golden Gote Construction Grant Application March 31. 2004 (tR) .... .~. . .:~. '9F '";~ty-) or exterior book drops should not be apparent to other users. Any doors should have hardware that minimizes noise when used. Sound deadening treatments of floor, ceiling and wall surfaces are important in this building. Facility should meet all local ordinances and building codes, and pay particular attention to ADA requirements. Maximum use of energy efficient lighting and HVAC equipment is requested. Collier County requires compliance with its internal 'vertical standards' in order to control the variety of replacement parts used in all county facilities. This includes selection of approved lighting fixtures, paper-supply fixtures in restrooms, and other similar items. Attention needs to be paid to building security in this significantly larger building. Staff and patrons also require good noise control, especially in the children's and young adult areas. In planning for specific shelving, seating requirements. and other building features, the library will use the suggestions available in Florida Public Library Standards 2004, Discussion Draft. December 7.2003. Staff recognizes this document has not been approved or adapted yet. It is. however, the most current, quantitative standards or suggestions available. Coordination and inclusion of these elements will improve the functionality of the library, and provide an inviting and effective public library. The result will be better and more efficient library services to the Golden Gate community. BUILDIN6 PROtiRAM DETAILS: Space Requirements SUmmary: F~ional Areas Square Footage Comments Adult Fiction & Non- 3,000 Fiction Includes books, reference, large print, casual and general seati~ areas. Also 2 tutor/stud rooms. Popular adult magazines and newspapers, shelved on hi~ed periodical shelving. Tables and casual seati~. Periodicals and 600 Newspapers Browsing 800 Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 Special AdjacencicslRequirelMnts Should be acoustically separate from children's, teen and Y A areas. Adjacent to the adult book stacks in well-lit area. with natural lighting if possible. Shelves should meet ADA hei ht r uirements. Needs floor space for dis I shelvi . 14 r 9F (C~) .,,& ~,~ '; 'face ouf. Audiovisual 1,300 Adult videos, audio books and Should be visible from music CDs. circulation, with wall- mounted shelving and shorter, double sided display units. Circulation Services 2,600 Includes manager's office, public Net1r main entrance and desk, staff workroom, PA system, lobby. Self-checkouts security camera monitors, visible by staff. Double storage, book drop, copy center door for delivery. and delivery area. 2 self- Automatic doors with checkouts. consideration for air conditionil'lQ loss control. Children's 2,500 Includes children's books, av, Adjacent to other youth Department periodicals and reference services areas. Vinyl tile in collections. Staff office for story room. Children's children's librarian, with toilet w/diaper changir19 workspace and storage for at facility. Acoustically least 2. Computer area, story contained. time room, display area, information desk, casual and table seatir\Q. Public Meeting Room 1,500 Includes projection room, chair & Near the adult reading and table storage, kitchenette, raised shelving areas. Light stage area, switch-operated control so that films can be projection screen, sound system, shown during the day. and a room divider. Acoustically contained. Young Adult 1,000 YA, Middle-school materials Adjacent to children's and Services - for collection, casual and table teens areas. Acoustically Middle-school Aaes seatir\Q. contained. Teen Services 3,000 Periodicals, media, paperbacks, Adjacent to other youth fiction & non-fiction, homework services areas. Non- support, and standardized testing florescent lighting and materials. Casual seating areas, natural light. Vinyl tile in listening stations, 2 study / high traffic/food areas. tutoring rooms, small group room, Built-in large screen TV computer cate, school research & with cable connection. production center. Office for YA Photocopier. Acoustic librarian and workspace for at isolation, but visual staff least 2 staff, information desk, control, game tables, study tables, study carrels with headsets, teen display areas for artwork and information, refreshment center. Spanish 180 Spanish Language & Literacy Located near entry area. Language/Literacy collection. literacy workstation and seatil'lQ. Craft Room 2,000 For youth services programs. Adjacent to and accessible Includes full kitche.n, storage, from youth spaces. Vinyl work tables. flooril'lQ. Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 15 '9F --,tRY Screened Lanai 200 Exterior reading and meeting Adjacent to Teen space. Dlace. Front Porch 1,200 Exterior casual seating and Florida-look front porch at readi/'lCl space. main entry. No screens. Computer Area 800 Internet accessible computers. Adjacent and visible to the circulation desk. Staff Lounge 250 Small kitchenette and Adjacent to exit door, with refrigerator, table and seating window. Locker space for for 4. Staff restroom. 14 staff/volunteers. Public Restrooms 500 Located away from circulation Diaper changing facility in and main entrance. both men's and women's. Handicapped facility not in separate closet and no solid door. Custodial Closet 120 Serves entire building. Include supply storage, floor sink. Non-assignable 2550 Lobbies, mechanical, corridors, Community information Space entry, exterior, etc. displays and self- checkouts. Covered main entry and acceSS to book drop. Exterior benches, bike racks, artwork, electronic signage, maximum exterior security lighting. Automatic doors required. Parking N/A Parking to meet local parking Well-lighted with specified requirements. Bulk of parking in walkways for safety. close Droximitv to main entrance. Effective siqnage. 6ross Square 24,080 Footaa& Adult Public Use Areas: Adult Fiction and Non-Fiction: Periodicals and Newspapers: Computer Area: Audiovisual Materials: Browsing. New Moterials: Spanish L.onguogeIUteracy: Public Mating Room: 3.000 square feet 600 square feet 800 square feet 1.300 square fat 800 square feet 180 square feet 1.500 square feet A prime requirement for the adult shelving and reading areas is that they are segregated from the noisier areas of the building. Noise for adults is a significant problem now and needs serious attention in this construction project. Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 16 , 9F (eR) '-. ~' .'~~ :~ The newspaper and periodical shelving areas should help define quiet reading areas for adults. The area should include both lounge chairs and table seating. Some natural lighting is preferred. Shelving is hinged periodical shelves and will store back issues, as well as the current issue. The shelving should meet ADA height requirements. The reference section should also be located in this quiet reading and study area. Public computers and audiovisual materials should be within site of the circulation desk. This is important so that staff can easily assist patrons with the computers when needed and also for security of materials. If the audiovisual materials cannot be within site of staff areas, video monitoring should be considered. Shelving should emphasize 'face-out' display of these materials. Attention should be given to space between shelving allowing room for multiple users who are browsing at the same time. Approximately 10 computer workstations are needed. Consideration should be given to one or two 'express' stand-up workstations. Browsing and new book areas should have well-spaced, attractive shelving, with room and furniture for special displays. Casual seating with small 'end tables' needs to be in close proximity to this shelving area. New book shelving, general book shelving, and audiovisual shelving can be located near some of the noisier parts of the library, but seating areas with both work tables and chairs and lounge chairs should be available in the quieter areas and have some sound-proofing considerations. Spanish Language/Literacy area will be located in close proximity to the main entrance and the circulation desk, so that materials maybe easily found. A literacy workstation will be located near the collection. The Public Meeting Room is located near the other adult materials and services. It will be primarily used for adult film programs, lectures, community groups, and other library programs. It will, however, also be used for children's program when the craft/program room is too small. Library staff also will teach classes on the use of the commercial databases and the library catalog. The room will hold approximately 80 adults in moveable rows of chairs. Tables will be available for smaller groups, including continuing education for library staff. A moveable wall will enable the room to be divided for smaller groups. A projection booth will house library audiovisual equipment and other controls. The projection screen will operate with an electric switch to facilitate use. A raised stage will facilitate lectures and small productions for both children and adults. A small kitchenette will be available for any group using the room. Staff will be able Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 17 ((R) ;; 9F '" to darken the room sufficiently to show films during the day. Sounds from conversation and films will be contained within the room. Youth Services Public Use Areas: Children's Deportment: Young Adults - Middle School: T&&n Services: Craft Room: ScN&ft&d Lanai: 2,!500 square feet 1,000 square fut 3,000 square feet 2,000 square feet 200 square feet The renovated Golden Gate Branch Library will emphasize service to children and young adults. Approximately one-third of the building, or 7,000-8,000 square feet, will be provided for these services. A shared craft/program room will divide the two spaces. Younger children will use the shared space during the day; the older teens will use the space after school and into the evening hours. The children's room will include shelving and general reading areas for children through elementary and middle-school. Chairs and tables will be at appropriate heights. Provision for paperbacks, compact discs, and books-on-tape should also be included. The room will include 4-5 computers for games, Internet access, and the library on- line catalog. Each workstation will have 2 chairs, so that a parent and child or two children may easily work together on a computer. Computers will be located near a public service desk so that staff can easily assist users. A unisex restroom, with child-sized fixtures, is desired in the children's room. It should also include a diaper-changing table. This could be a fold-down unit. The shared craft/program room will be used for small group children's programs, including story programs, craft programs and other activities. This area will contain sufficient storage space for supplies and equipment, including tables and chairs. Equipment could include a portable puppet stage, boom box, and carpet squares. Space should be sufficient for thirty children and mothers on a regular basis. Additional space should be available for larger groups-either at this location or in a larger auditorium in the building. An easily washable floor-covering in this area is desirable. The craft room should contain kitchen facilities for providing refreshments during programs. The facilities should be able to be secured when not needed for scheduled programs. Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 18 19f A quiet, parent-child reading area is desired. The area does not need to be large but should afford some privacy. This area would encourage parent and child read- alouds. Privacy could be ensured through the appropriate use and placement of furniture. A public information desk is included in the children's room. Staff will assist children and their parents from this location. Children's computers should be within eJJSy view of this desk. Adequate display space is needed for program brochures, flyers, and general information. Space should also be included for children to sign up for special programs and the summer reading program. An office for the children's librarian should be visible from this desk. The children's room should also have a large, wall-mounted display area in which to advertise programs, highlight special events, and provide attractive decoration for the building. The teen services area will feature a 'Computer Cate', with at least six computers, small group study rooms, listening stations, game tables, and a 'Research and Homework Center' that is equipped with report production equipment such as printers, scanners, and basic bindery equipment. An area capable of containing noisy conversation is also important in this area. This area should be equipped with comfortable chairs and sound controls to ensure the conversation noises stay within the noisy area and not disturb those studying in the young adult area or users in other parts of the library. Shelving in the teen area will be primarily for paperback books, music on compact disc, and popular magazines. Hardback fiction and non-fiction will be included in smaller quantities. A public information desk is included in the teen services room, with a nearby office for the librarian who will assist patrons. Teen computers should be in this general vicinity so that staff can easily assist users. A screened lanai should be adjacent to the teen area. Vending machines will be available on this secure patio. Other Areas: Circulation/Stoff Work Area: Public Restrooms: Parking : Stoff Lounge: Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 2.600 square feet 480 square feet N/A 250 square feet .~ (LR) 19 9F (tR) '~J.' ..........' ... Co',':;,." <.: .,., .'1r Custodial Closet: Non-assignable Spac:e; Front Porch: 120 square. feet 2,550 square feet 1,200 square feet The circulation department will process loans and returns for children, young adults, and adults at the Golden Gate Branch Library. It will also serve as the primary point of service for library users. Sufficient space should be provided for at least three staff circulation workstations with printers. Space should also be available in the vicinity of the Circulation desk, for two self-check stations. The Library currently does not own any self-checks but would like to plan for their use in this project. The area must be inviting to first time library users. Graphics should quickly identify the functions for the public. Acoustical dampening, glare-fee lighting, adequate ventilation are important considerations. The floor should be anti-static with additional padding under the carpet. Disabled, elderly, children and parents with children in strollers all must be accommodated here with their varying physical requirements. Display areas should be available in the circulation area for program brochures and flyers and for general county information. An area for display of artwork and other subjects of community interest would be an asset. A staff work area and Branch Manager's office should be in close proximity to the circulation desk. Staff can easily assist at the public desk as needed-then return to their original work behind the scenes. Also included in this area are the public address system, any security camera monitors used in the building, a book-drop from outside the building directly into the workroom, and a delivery area. Staff at the circulation desk also provides general reference assistance to the public. Space should be adequate for staff and patron interactions while discussing information needs and resources available. A public-use photocopier will also be located in this area. Public restrooms will provide diaper-changing facilities in both the men's and women's restrooms. Handicapped facilities will not be located in separate 'rooms' or closets. Doors on handicapped facilities will be like the typical bathroom stall door. Restrooms will be located away from the main entrance, perhaps near the public meeting room. Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 20 , 9F ~ ( Cr;,) 1 .~_: Parking should be sufficient to meet local building codes, including those for handicapped spaces. Consideration should be given to space needed during children's and adult programs. The bulk of the parking should be in close proximity to the main entrance. It should be well lit and have clearly marked walkways. Effective signage is important. The staff lounge should include a small kitchenette with sink, refrigerator, microwave, toaster oven, and small table. Storage for basic dishes and utensils should be available. Staff strongly desires that it be next to the delivery door/exit and that it have a window. Lockers for 14 staff members should be included. A staff restroom should be next to the lounge. The custodial closet will provide supplies and equipment to clean the entire building. It will include a floor sink and ample storage. It could be in the vicinity of the public restrooms. Non-assignable spaces, include the lobby, mechanical rooms, corridors, entries, etc. The architect should explore placing mechanical rooms on a second story mezzanine with access from outside the building. This has worked at other library locations. The lobby will have room for displaying information about library programs and other community events. It will likely house 2 self-checkout stations. A covered main entry will provide a dry walk to the book drop. Exterior benches, bike racks, artwork, and electronic signage are suggested. Exterior security lighting is appropriate. A Florida-look front porch is suggested for the main entry. This can provide an exterior casual seating/waiting area. The porch should be open, not screened. Using a Florida-look design theme will be in character with the community, helping to make the building look less massive and more casual and inviting. A logical workflow that minimizes the staff required to operate the facility is a desired outcome of this building project. The size of the building and the intent to improve services to young adults and children will, however, dictate some staffing decisions. For example, a young adult librarian will be hired to work the prime hours when the teen services room will be used: after school, school holidays, evenings and weekends. Children's room staff will be required during program times, after school, evenings and weekends. It is desirable for one person to supervise both departments during slower times, if the building arrangement permits. Circulation staff should be located near the main entrance, and have visible control over any secondary entrance. To facilitate an efficient workflow, book and media returns should be located within the circulation department. Materials should Collier County Public Library 21 Golden Gate Construction Grant Application March 31, 2004 , 9F C c.R) ,"~ ,1ti .~ ~;: I empty directly into fire-rated return rooms. Staff should not have to cart retumed materials throughout the building in order to process them. Book carts should be available in the check-in location. Likewise, deliveries of materials by the Library Drivers should go directly into staff workrooms where they are routed in, or otherwise processed. Staff should be able to easily leave the circulation desk to assist patrons with reference questions, computer use, and in locating materials. Reserve materials should be available either at the circulation desk or within view of the desk. Staff work areas and information desks in the children's and teen areas will not be used to check-in returned materials. They will be, however, used to process new materials into the collection, as well as, removing weeded item records. Space is needed in both teen and children's work areas for this kind of work, as well as for processing materials, displays, and craft materials for programs. Staff will frequently need to leave work projects safely and assist users before returning to the project. Careful attention to ergonomic designs of workstations is important, and can improve staff productivity. Natural lighting is encouraged throughout the building, especially in staff work areas. Conclusions: As the floor plan begins to emerge from the many ideas and printed descriptions, Library Staff will reconvene the focus groups to provide a 'mid-project' reality check. Are we actually making those suggestions a reality? With past construction projects, the library has invited public comment when initial plans are ready. Several great suggestions have improved the ultimate building without having to make costly change orders later in the process. With the help of Golden Gate residents, we hope to provide an outstanding library facility that will provide the level of service residents deserve. Grant funds would enable the library to build a facility that better provides for these enhanced services for all users. Construction materials that last longer but cost more could be considered, thus extending the life of the facility and controlling future costs. Purchase of specialized equipment and furniture in the children's and teen areas will make the facility more user friendly and especially attractive to the teen population who are only 'reluctant' library users now. Collier County Public Library Golden Gote Construction Grant Application March 31, 2004 22 19F (tR) .,.:' . .;.~. ,. , c. Future nads based on demographic proj&etions This construction project will 'build-out' the library branch at this location. The original building was completed in 1978 at a cost of approximately $200,000. Prior to construction, library services were provided from a storefront rental location. This 4,000 square foot branch library served the area well until 1993, when a 3,000 square foot addition was constructed at a cost of $427,000. In January 1995, an additional branch library was constructed in the Golden Gate Estates Branch to provide service to the residents east of the Golden Gate Branch. The Estates Branch serves residents in the more rural areas of Golden Gate, as opposed to those in Golden Gate City, the site of this current expansion. This addition will be as large as possible at this site, taking into consideration all county ordinances and parking requirements. When completed, it will not be possible to expand the building again. The building will meet local needs and standards for a neighborhood branch library. The primary service area is also limited by zoning and code requirements and cannot expand infinitely to accommodate new residents. The Collier County Growth Management Plan requires that the Library use the standard of .33 square feet per person. As is apparent, however, the County has allowed the 1.ibrary to use this as a minimum, not a maximum limit to the size of libraries. When the Golden Gate construction project and the south regional library are completed, we will meet the State standard of .6 square feet of library space per person. Collier County Permanent Population Estimates and Proj&etions and library Foot uired Square Footage Square Footage requiNCI crt .6 sq rcquiJ'cd at .33 hI ftl 166,474 sq. ft. 94,561 sq. ft. Population Actual Square Footage in Service 129,548 sq ft. Collier County - 2004 277 ,457 601dcn 6crte - 2004 35,000 21,000 s . ft. 11,550 s . ft. 7,000 . ft. Collier - 20(11 305,804 . 183,482. ft. 100,915 s . ft. 149,548 s . ft." 60lden 6crtc - 2007 42,191". 25,315 sq. ft. 13,923 sq. ft. 24,000 sq. ft. Collier - 2008 305,804 . 183,482 s ft. 100,915. ft. 189,548 s . ft. Golden Gate Population Estimates From: Collier County Comprehensive Planning Section, 9/17/2003 . BEBR estimate for Collier County population, 2005. (Closest estimate to 2007.) .. This assumes that Golden Gate is completed by FY07, with a total of 24,000 sq. ft. .. Build-out population for the Golden Gate Planning district was estimated at 42.191, in the 1994 thbtm AI'eG Build-out Study, Phac I, Collier CDUIIty PltIIIIting. Documents concede this may or may not be a reliable estimate. The document has not been updated. Collier County Public Library 23 Golden Gate Construction Grant AppliCQtion March 31, 2004 '9F .~ (CR) ~ r Final estimates on square footage possible at this site are not yet available. Preliminary indications show that the site can support about 24,000 square feet or slightly more. Therefore, this planning document uses the conservative figure of 24,000 square feet. When Golden Gate Branch nears completion, the Library will already be in the midst of advanced planning for the next major building project-the South Regional Library, a building of at least 40,000 square feet. At completion, the Library system will then provide 189,548 square feet of library space, or .62 square feet per person. (A small addition to another building adds 3,000 square feet in FY06.) South Regional Library will also provide services to Golden Gate residents. It will be located south of Golden Gate, with easy access on a six-lane highway. This regional library will be within five miles of the Golden Gate Branch, thus considerably shortening the drive for residents seeking a larger library. In order to provide for the future library needs of the County, additional buildings will be built or expanded as needed. The Estates Branch Library, serving the rural Golden Gate area, can be expanded to provide additional library space for future populations. It currently has about 11,000 square feet and was built with specific plans to expand when needed. This building is east of the Golden Gate branch and currently provides services to some of the Golden Gate residents. It has more space for children's programs and therefore, attracts children and their parents from the Golden Gate area, particularly during the summer reading programs. A third library branch will be considered to expand service in the area bordering Golden Gate as the population continues to increase in the eastern part of the County and of Immokalee Road. This area has experienced the fastest growth in the County. A new Catholic university is also planned for this area, with a community likely to grow up around it. Both the Estates Branch and the South Regional Library can easily provide services to residents who live on the fringe of the Golden Gate service area. But this current project is focused on providing services to residents in the neighborhood-including area businesses, apartments, houses, condominiums, and the local schools. The area has a strong sense of community, with many residents expressing the sentiment of wanting to find all of their services 'in the Gate'. Collier County Public Library Golden Gate Construction Grant Application March 31, 2004 24 19F PUBLIC LIBRARY CONSTRUCTION GRANT APPLICATION Application Deadline: April 1. 2004 PROPOSED PROJECT: Golden Gate Branch Library Expansion The attached narrative description of the construction project and the building program for this Public Library Construction Grant Application for the enlargement of Golden Gate Branch Library, Collier County Public Library, were prepared by John W. Jones, Library Director, and Marilyn Matthes, Assistant Library Director. J-31.-tJf date l)11b~ ~ Marilyn M thes Assistant Library Director ]-3/'~ t date Collier County Public Ubrtry Golden Gate Construction Grant Application March 31, 2004 25 (tRy ".f I ~ lOF .... ,. ,. .", MEMORANDUM DATE: October 5,2005 TO: Kelsey Ward, Contract Administration Manager Purchasing Department FROM: Heidi R. Rockhold Minutes and Records RE: Agreement between McDonald Transit Associates, Inc. and The Board of County Commissioners Enclosed please find three (3) originals of the document, as referenced above (Agenda Item #10F), approved by the Board of County Commissioners on September 27, 2005 Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at 774-8411. Thank you. Enclosures ,-- lOF ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Print on pink paper. Attach to original document. Original doeumcnts should be hand delivered to thc Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on thc item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the f . dra h'r . ti exception 0 the Chairman's slJroature, wa line thrOUgt routing .mes #1 through #4, complete the checklIst, and orward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. ~ 4. Jeffrey Klatzkow, Asst. Cnty Atty. Office of the County Attorney 4 K 10/5/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow Phone Number 8492 Contact Agenda Date Item was 9/27/05 Agenda Item Number lOF Approved by the BCC Type of Document Agreement (McDonald Transit Associates, Number of Original 5 Attached Inc., and Collier County Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's VI" Office and all other arties exce t the BCC Chairman and the Clerk to the Board rr The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be ware f our deadlines! The document was approved by the BCC on 't..; D 1(enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. 1. 2. 3. 4. 5. 6. N/A (Not A Iicable) I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9 03.04. Revised 1.26.05, Revised 2.24.05 05, TRN -000 13!22 lOF OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Trish Morgan, Supervisor, Clerk of Courts Minute FROM: Jeffrey A. Klatzkow, Assistant County Attorney DA TE: October 5, 2005 RE: Agreement between McDonald Transit Associates, Inc. and Collier County (Approved 9/27/05 - Item 10F) Please forward three (3) fully executed original Agreements to Kelsey Ward in Purchasing (envelope attached). The Transportation Department will obtain the funds necessary to record the Agreement. Our office will bring the check to you as soon as it arrives. Call if you have any questions. (Dinny - 8066) Thanks again. 05- TRO-OOO82/6 r, I I .'\.;",: ','I "I-'~\'\)\r:\I . " '" I 11\ II J_. \}.J \ iI" '-' lOF '.' (c' c 3 AGREEME~~jS Sr.? ~~l hl\ U' J THIS AGREE11ENT ("Agreement") is made and entered into this .2..1 ~L day of S~\.<~~(~ 2005, by and between MCDONALD TRANSIT ASSOCIATES, INC., whose address is 4500 Mercantile Plaza Drive, Suite 307, Fort Worth, Texas 76137 (hereinafter referred to as "Contractor"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY (hereinafter referred to as "County"). WITNES SET H: 1. TERMS AND RENEWAL. This Agreement shall commence October 1, 2005, and will be in effect for five years, terminating September 30, 2010. County has the right to renew this contract, with the consent of Contractor, under the same terms and conditions for one additional five-year period. County shall give Contractor written notice of County's intention to renew the Agreement tenn not less than 30 days prior to the end of the term. In lieu of renewal, the County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to 79 days. The County Manager, or his designee, shall give Contractor written notice of County's intention to extend the Agreement term not less than 30 days prior to the end of the term., 2. DUTIES. Except as set forth below, the parties' respective duties are described in Attachments 1 and 2, 3. COrvtPENSATION. County shall pay Contractor for the performance of this Agreement: 3.1 A Management Fee. This fee includes all cost and expenses associated with the salary and related cost of the General Manager, interest on working capital, corporate staff travel, and overhead. In addition, this management fee includes the cost of expert management consultation and advisory assistance in all areas of the public bus transportation industry as may be reasonably required to assist the General Manager and Collier Area Transit in the day-to-day operation of the system. 3.2 All other costs and expenses approved by the County for the operation of the public transit system will be reimbursed to the Contractor by the County upon proper documentation of expenses incurred, provided however that the County, at its sole discretion, may provide goods, supplies, materials and services in kind. 3.3 The estimated costs for the first three contract years, set forth in Attachment 3, are based upon 42,926 fixed route revenue hours, plus paratransit services, It is expected that these hours will change over the course of the Agreement, and that Contractor's compensation will be adjusted to reflect such changes. Compensation for the fourth and fifth year of this Agreement shall be negotiated during the first half of the third year. of this Agreement by the parties, an.d shall be based upon Contractor's actual costs, with a 2.5% fixed profit. Should the parties fail to reach agreement for year four and five compensation by March 31, 2008, then the parties shall mediate the issue in accordance with County's then-current mediation policy, with each side paying half of the costs of mediation. Should Page 1 of 30 lOF the parties fail to reach a mediated settlement, then for the remaining two years of this Agreement, Contractor will continue to provide the same level of service it provided during the third Agreement year, at the same level of compensation it received in the third Agreement year, as adjusted on a monthly basis thereafter by any change in the Consumer Price Index (All Urban Consumers, U.S. City Average, All Items, Not Seasonally Adjusted, Base Period 1982-1984 =100). Payment shall be made to Contractor promptly upon receipt of a proper invoice and in compliance with Section 218.70 F.S., otherwise known as the "Florida Prompt Payment Act." 4. TERMINATION. County may terminate this Agreement immediately for cause should the Contractor fail to perform its services in a manner satisfactory to County, with County being the sole judge of non-performance. Otherwise, County may terminate this Agreement at any time upon 60 days written notice to the Contractor. Any such notice to terminate this Agreement shall be given by certified mail, return receipt requested, and shall be effective 60 days from the date of receipt as noted on the return receipt. A written request by the County to the Contractor to increase or decrease the .leveJ of fixed route service shall not be construed as a partial tennination of this Agreement. Upon such a request, the parties will negotiate in good faith for a concomitant increase or decrease in payment to Contractor. 5. ASSIGNMENT AND SUBCONTRACTING. No portion of the requested services may be assigned or subcontracted without the prior written permission of the County. County may grant or withhold its consent in its sole and absolute discretion. 6. OPERATmG REVENUES. All operating revenues collected by Contractor are the property of County, including but not limited to farebox receipts, ticket and pass sales revenue, and advertising revenues. 7. MEETINGS. Upon request of the County, the Contractor shall, at its own expense, attend citizens' meetings to provide information concerning the transit system. The General Manager, representing the Contractor, shall attend, at a minimum, biweekly meetings with County Transportation Alternative Modes Department staff at times and locations to be determined. 8. ADVERTISING. The County shalIdetennine interior and/or exterior advertising policies on revenue vehicles. All revenue received from advertising on buses shaH be paid to the County. The Contractor shall be responsible for the installation of ad.vertising in or on the buses, and collection of revenue from the advertiser, This revenue must be documented and deposited with passenger fares in the County bank account. There shall be no interior or exterior advertising on or in buses, transit shelters, benches, or other tran.sit amenities without prior written approval by the County Public Transportation Manager or their designee. 9. TIlE COUNTY AND CONTRACTOR-SUPPLIED PROPERTY. Title to capital items provided by the County shall remain with the County. The Contractor shall be required to maintain such items utilizing manufacturers I recommended maintenance standards, at a minimum, or those standards provided by the County, at the County's sole discretion.. Furthennore, the Contractor shall maintain adequate property control records of all County-furnished property in accordance with sound industry practice and as approved by the County. The County shall have the option, upon the expiration or termination of the Agreement, to purchase all or any part of non-revenue equipment not Page 2 of 30 lOF already purchased by the County and used by the Contractor in the performance of the work specified in the Agreement at a price equal to that portion of the original cost of the equipment which has not yet been amortized as of the date the Agreement expires or is tenninated. Amortization shall be deemed to be in accordance with generally accepted accounting principles. 10. INSURANCE. The Contractor shall provide insurance as follows: 10.1 Minimum Limits of Insurance The Contractor shall maintain limits no less than: a. Commercial General Liability (Occurrence Form) patterned after the current 1.5.0. form with no limiting endorsements, excluding Garage Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. b. Vehicle/Automobile Liability (Owned/non-ownedlhired): $5,000,000 combined single limit per accident for bodily injury, personal injury and property damage including passenger liability. c. Umbrella Liability: $10,000,000 per occurrence for bodily injury, personal injury, and property damage in excess of limits required above. d. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Statutory Limits of Florida Statutes Chapter 440 and all Federal Government Statutory Limits and Requirements. e. All Risk Fire and Extended Coverage for full replacement cost an all equipment, tools, supplies, and contents used by the Contractor in the perfonnance of services under the Contract. The County will be included as a Loss Payee in this coverage for County - owned equipment, tools, supplies, and contents. f. V chicle/Automobile Physical Damage coverage, including Collision coverage and Comprehensive coverage, each equal to depreciated value of aU vehicles, including the buses, and non-revenue vehicles operated by Contractor. The Contractor shall be responsible for all damages falling below the deductible. No blanket or per location limit should apply to this coverage under $10,000,000. The County will be included as a Loss Payee in this coverage. g. Fidelity Bonds insuring against theft, fraud or misappropriation of funds or other misuse of money in such amounts as the County shall request. Collier County shall be named as an Additional Insured as their interest may appear. A letter of credit may be requested in lieu of or in addition to a Fidelity Bond to secure the Bond deductible depending upon its size. h. Employment Practice Liability: $1,000,000 each occurrence and aggregate. Page 3 of 30 lOF i. Performance Bond: It is hereby made a part of this Agreement that the Performance Bond requirement is waived. 10.2 Deductibles and Self.lnsured Retention Any deductibles or self-insured retentions must be declared to and approved by the County. At the option of the County, either, the insurer shall reduce or eliminate such deductibles or self-insured retentions in regard to the deductibles or self-insured retention's as respects the County, the BeC, their officials, agents, employees, and volunteers; or the County shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 10.3 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General liability. Automobile Liabilitv. and Umbrella Liability Coverage a. The County, the Bee, their officials, agents, employees, and vo.lunteers are covered as insureds as respects liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or vehicles owned, leased. hired or borrowed by the Contractor. The coverage shall contain no specialllrnitations on the scope of protection afforded to the County, the BCe, their officials, agents, employees, and volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the County, the BCC, their officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the County, the BCC, their officials, agents, employees, and volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, the BCC, and its officers, officials, employees and volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers' Liabilitv Coverage The insurer shall agree to waive all rights of subrogation against the County, the BCC. and its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the County. 3. All Covera1!e Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage or in Page 4 of 30 lOF limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been. given to the County or ten (10) days for non-payment. 4. Acceptabilitv of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A VII or acceptable to the County. Current, valid in.surance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30- day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 10.4 Verification of Coverage The Contractor shall furnish the County with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authori.zed by that insurer to bind coverage on its behalf. The policies, certificates and endorsements are to be in a form acceptable to the County and are to be received and approved by the County 30 days after award or commencement of any transition activity, whichever is earlier. The Contractor is to commence no activity with regard to performance of the Contract until the required insurance has been obtained. The County reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.5 Subcontractors The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein except paratransit subcontractors will be subject to Automobile Liability of $1,000)000, in Attachment 4. 10.6 Additional Insured Reauirements Collier County shall be listed as the Certificate Holder and include as an Additional Insured on the Comprehensive General Liability Policy. 10.7 Certificate Holder and Requirements Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Com.rnission.ers 3301 East Tamiami Trail Naples) FL 3411.2 The Certificate must state the Contract Number and Title. 10.8 Cancellation Notice Requirements Page 5 of 30 lOF Thirty (30) Days Cancellation Notice is required. 10.9 Claims Information and Loss Runs The Contractor shall make available to the County, through its records or the records of their insurer, information regarding a specific claim. Any loss run infonn.ation available from the Contractor or their insurer will be made available to the County upon their request. 11. INDEMNIFCATION. To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier Coullty, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorlV endor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights Or remedies which othenvise may be available to an indemnified party or person dcscri.bed in. this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. AMENDMENT AND NOTICES. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. In the event state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude in whole or in part the parties' compliance with the t:enns of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such Jaws, in a manner which best reflects the intent of this Agreement. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: McDonald Transit Associates, Inc. 4500 Mercantile Plaza Drive Suite 307 Fort Worth, Texas 76137 All Notices from the Contractor to the County shall be deemed duly served if mailed or certified mail to the County to: Colljer County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples. Florida 34112 The Contractor and County may change the above mailing address at any time upon giving the other party written notification. Page 6 of 30 lOF 13. LEGAL RELATIONSHIP. Contractor is an independent contractor, and is not the legal representative or agent of the County. Contractor and County have a business relationship based entirely on and circumscribed by this Agreement. No partnership, joint venture, agency, fiduciary, or employment relationship is intended or created by reason of this Agreement. Contractor will exercise full and complete control over and have full responsibility for its contracts, daily operations, labor relations, employment practices and policies, including but not limited to the recruitment, selection, hiring, disciplining, firing, compensation, work rules and schedules of its employees. 14. LAWS AND PERMITS. Any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the work shall be obtained by Contractor. Payment for all such pennits issued by County shall be processed internally by County. All non-County permits necessary for the prosecution of the work. shall be procured and paid for by Contractor. In addition, Contractor s.halI comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. Contractor agrees to comply with all laws governing theresponsibHity of an employer with respect to persons it employs, and agrees that there shall be no discrimination as to race, sex, color, or national origin. 15. NO IMPROPER USE. Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any imprOpel\ immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty~four (24) hours after receiving notice of such violation. conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. DISPtrrE RESOLtrrION. This Agreement shall be deemed to be made in Collier County, Florida, and shall be governed by the laws of the State of Florida. In the event of a dispute under this Agreement, the parties shall first use County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may fUe an action for appropriate relief in the Circuit Court of Collier County, said Court being the sole agreed upon venue with respect to any action arising from this Agreement. 17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a pan of the contract as if herein set out verbatim. 18. SUBmCT TO APPROPRIATION. This Agreement is subject to appropriation by the Board of County Commissioners. 19. RECORDING. Contractor shall execute the Agreement first and it shall be recorded by County in the Official Records of Collier County, Florida, within fourteen (14) days after County executes the Agreement. Contractor shall pay all costs of recording this Agreement County shall provide a copy of the recorded document to Contractor upon receipt of the recorded document. Page 7 of 30 lOF IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: . , DWIGHT..?< B"~~~'~l~rk <\' \ . ~." ([p, y: ; ': , Deputy Clerk '. - c") _ - A\ttste" ,~~'Ch.j,... · . ~S.fgn.atur~' on.'!/" " , 1/) , . . _, ~ :J \ ~J /1 . ';_"'} ~ .., \ . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA J~W.~ FRED W. COYLE, Chairman First Witness By: By: &~~#f t. i ~ib1eSSn.me Item# JOF Agenda 0 -21--tJj Date -l Page 8 of 30 ~:~~ to -5-D5 I ( lOF ATTACHMENT 1 COUNTY DUTIES COUNTY DUTIES AND RESPONSIBILITIES The COUNTY has the following responsibilities and per.forms the following duties with respect to the fixed route and paratransit services. To the extent reasonable and feasible, CONTRACTOR shall assist COUNTY in this regard. Financial The COUNTY shall reimburse, on a monthly basis, all costs for the approved budget for fixed route services and paratransit services promptly. The COUNTY shall offer their advice and consent on the selection of any insurance policy and any subcontractor who provides trips to the customer. The COUNTY shall establish a payment account unique to the paratransit subcontracts. Operations and Maintenance Facility COUNTY provides the operations/maintenance facility and maintenance for COUNTY-owned CAT and paratransit vehicles. COUNTY is responsible for all utilities and maintenance costs for these facilities. VehicIes and Eauipment COUNTY will provide to CONTRACTOR the vehicles set fonh in Exhibit "A" (both CAT buses and paratranslt). CONTRACTOR must provide any additional paratransit vehicles as necessary and may do so through subcontracts. ComDuters The CONTRACTOR may be required to purchase additional computer equipment. If the CONTRACTOR is required to purchase the computer equipment, the COUNTY will reimburse the CONTRACTOR for the actual cost of the approved computers and software. The COUNTy may provide all or part of rhe computer equipment rather than reimbursing the CONTRACTOR. The CONTRACTOR shall procure with the advice and consent of COUNTY the scheduling software preferred and specified by COUNTY. The ownership of the software shall remain with COUNTY. Fuel and Maintenance Costs COUNTY shaJJ provide fuel and maintenance products or services needed for all county owned vehicles, COUNTY will outline all operating, administrative and accounting procedures that CONTRACTOR must follow in connection with fueling operations. The COUNTY will either reimburse the CONTRACTOR for the cost of fuel for those isolated cases in which it is not feasible to supply fuel at a COUNTY facility for all county owned vehicles used in providing service to CAT and paratransit. COUNfY may transfer direct maintenance duties to CONTRACTOR. Costs for fuel and maintenance for COUNTY vehicles are in addition to the CONTRACTOR cost proposal. Schedules. Passes. Tickets. Tokens CONTRACTOR shall prepare, print, and provide aU schedules, passes, tickets, tokens, and like materials required by CAT and paratransit operations. CONTRACTOR shaH distribute and disseminate such mateo.als in accordance with the provisions of this CONTRACT and any directions supplemental thereto provided by COUNTY. The COUNTY will reimburse the CONTRACTOR for the cost of these items. Page 9 of 30 lOF Radio Communication Systems COUNTY will provide radios on all County.owned fixed route buses and existing County-owned supervisory vehicles. COUNTY will. be responsible for providing and maintaining tbe radio communications system. COUNTY will be financially responsible for the cost of the radio license, all radio equipment and equipment installation. CONTRACTOR must identify and provide additional radio equipment for any addilional Supervisor vehicles, paratransit fleet, and other new services. If CONTRACTOR is required to purchase the radio equipment, COUNTY will reimburse CONTRACTOR for the actual cost of the approved radios and equipment. COUNTY may provide all or part of the radio communication equipment rather than reimbursing CONTRACTOR. FareboxeslDestination Sims COUNfY provides the manual farebox system on the fixed route bus fleet and the necessary equipment (vault, any coin counting machines, etc. at its administrative/dispatch office) to safely and securely store the contents of all fareboxes over night. If additional equipment is identified by the CONIRACTOR and approved by the COUNTY, the CONTRACTOR may be required to purchase that equipment. The COUNTY will reimburse the CONTRACTOR for the cost of the approved equipment. COUNTY will provide the destination signs for the buses. Bus StoD ImDrovements COUNTY will purchase all signs, posts, benches, shelters, and trash receptacles for CAT and paratransit bus stops and facilities. The CONTRACTOR will maintain all bus stops, signs, posts, benches, shelters, and trash receptacles at COUNTY'S direction. The COUNTY will reimburse the CONTRACTOR for the expense of this maintenance. Notification - Potential Interference With ODerations COUNTY shall make a reasonable effort to notify CONTRACTOR in advance of any road closures, detours, parades, or other such events under COUNTY jurisdiction, which m.ay interfere with CAT and paratransit operations or require deviations from established routes or schedules. Page 10 of 30 10 ATTACHMENT 2 CONTRACTOR DUTIES CONTRACTOR DUTIES AND RESPONSIBILITIES The CONTRACTOR shall perfonn the duties and accept the responsibilities set forth below in connection with the operation, maintenance, and administration of fixed route CAT and paratransit systems. Operations CONTRACTOR shall provide the necessary management, technical. and operating services for the operation of fixed route, special event, paratransit and other services as specified by the COUNTY. CONTRACTOR shall assist and cooperate with COUNTY in meeting the objectives of providing quality transportation services. CONTRACTOR shall perform close liaison activities, coordination, and cooperation with COUNTY on matters related to operations, monitoring, reporting and service performance measurements. System Plannin2 and Administl'8tion CONTRACTOR is responsible for all planning activities relative to CAT routes, schedules, days and hours of operations, bus stop locations, location of bus stop improvements, approval of all planning documents, budgets, grant applications and related documentation, contract monitoring and other such activities relative to overall system administration, at COUNTY'S approval. CONTRACTOR is responsible for the preparation and administration of all grants (federal, state and local) associated with the operation of the fixed route and paratransit systems. Fixed Route Using vehicles and equipment provided or funded by the COUNTY, CONTRACTOR will operate fixed route bus services as specified by COUNTY. Fixed route bus service shall be operated in strict accordance with the operating days and hours, routes and schedules set forth in the schedule, and shall provide such service .io a safe, professional, and courteous manner. Service hours may vary over the tean of the CONTRACT depending upon funding considerations. · In the event that a fixed route operates more than ten (10) minutes behind schedule, CONTRACTOR shall take all availabl.e steps to restore on-time perrormance. · CONTRACTOR shall establish procedures, subject to COUNTY review and approval, to restore on-time performance. · CONTRACTOR is responsible for developing and distributing all schedule blocks and run cuts in confonnity with COUNTY'S prior approval and specifications. · A dispatcher is required to be on duty in the fixed route dispatch office at all times while buses are in service. Detailed logs must be kept on all communications. · Drivers, when requested by COUNTY, will hand out notices to passengers or otherwise render assistance in COUNTY'S customer relations, promotion, monitoring. and supervisory functions. · Drivers will be required to assure that each patron pays the appropriate fare. · Drivers will be required to honor fares as dete1lIlined by COUNTY. · Drivers shall have available at all times during operation of any bus an accurate timepiece. · Drivers will be required to operate the wheelchair lift and kneeling features and assist in securing wheelchairs and Scooters. Page 11 of 30 lOF · Drivers will be required to announce all ADA required stops through the P A system., as outlined by the COUNTY. · Drivers must fill out a pre-trip and post-tri,p inspection forms. · The CONTRACTOR must provide a reliable monitoring program to insure a high performance capability. The CONTRACTOR will be responsible for accumulating data and reports that assist .in identifying service improvements. · The CONTRACTOR must implement a program that provides adequate supervision throughout the transit system's service area. Paratransit Service The CONlRACTOR shall ensure that similar operation; maintenance and administrative oversight and management duties and responsibilities are undertaken for the paratransit system. CONTRACTOR shall propose a qualifications-based subcontractor selection process within ten clays of contract award. CONTRACTOR shall conduct all subcontractor selection and negotiation process with the advice and consent of COUNTY. CONTRACTOR shall cause this process to be completed 30 days before service delivery inception as defined in the subcontract. At a minimum, the CONTRACTOR wiIl be responsible for the successful delivery of all scheduled paratranslt trips with the passenger pick-ups occuning within fifteen (15) minutes of the scheduled pick-up time. Special Events Service In addition to regular fixed route and paratransit operations, CONTRACTOR will from. time to time, be required to provide special transportation services within the CAT service area using CAT vehicles. All passenger fares (if any) for the special events service are the property of the COUNTY and are to be accounted for and deposited using the same procedures followed for the regular operations on the fixed route service. SAFETY CONTRACTOR shall assume full responsibility for assuring that the safety of passengers, personnel, members of the public and COUNTY'S vehicles and equipment are maintained at the highest possible level throughout the tenn of this CONTRACT. In this regard, the CONTRACTOR will develop and implement an ongoing comprehensive safety program covering all aspccts of the system. The Safety Program must meet, at a minimum, all applicable Federal, State. and local regulations including Rule Chapter 14-90. The COUNTY System Safety Program Plan (SSPP) sets the requirements for safety. The following, at a minimum, are to be included in the Safety Program: Safety Reviews and Accident Prevention The program will include provisions to regularly review all aspects of the operation to ensure that the service being provided meets the highest level of safety standards. This will include audits of vehicles and equipment, delivery of accident prevention programs, holding monthly safety meetings, and ensuring follow-up of findings. Emer2en~v Preparation CONTRACTOR will develop procedures and provide training programs to address all types of emergency situations, including accidents, crimc/sl;:curity incidents, and inclement weather. Page 12 of 30 lOF Accidentllncident ReSDonse and ReDortine: CONTRACTOR shan develop and implement procedures, subject to COUNTY review and approval, to respond to and report all accidents and incidents. Such occurrences are to include vehicle accidents, passenger injuries or disturbances, employee injuries, and lift failures on in- service buses. All traffic accidents involving transit system vehicles are to be reported promptly to the Collier County Sheriff or other appropriate police unit, as wen as the COUNTY. Accident Investieation. Ratinl!' and Follow-UD CONTRACTOR will develop procedures to investigate, review and rate each accident to determine if the accident could have been prevented utilizing the National Safety Council definition of preventability. In addition, this review will establish the need (and schedule, as necessary) for any corrective training, operating guideline revision, or equipment maintenance or technical correction required, together with a follow-up to assure that action has been completed. All staff involved .io accident investigation must be properly trained in accident investigation as required by the US Department of Transportation. ADA ReQuirements Program will encompass provisions for meeting ADA public transit requirements, including the policies, regulations and training of all bus operators in the safe use of all ADA bus equipment. Requirements include operation of the wheelchair lift equipment, wheelchair tie.down procedures, wheelchair lift standee policies, operation of bus kneeling feature, public address system, boarding a.nd securing of the mobility devices, service animal regulations, and an awareness of a variety of disabilities and the medical symptoms or risks associated with them. .orne and Alcohol Testinll Pro21'am The CONTRACTOR will implement a Drug and Alcohol Testing Program that complies with 49 CFR Part 655. COUNTY will reimburse CONTRACTOR for all required tests. Monthly reports must be submitted to the COUNTY documenting the details of the tests that have been administered. The annual Federal Management Infonnation System (MIS) reports with specific fix.ed route and paratransit infonnation are to be submitted to COUNTY each year. The CONTRACTOR must permit the COUNTY and any authorized representative of US DOT to inspect facilities, and records associated with the program. The Drug and Alcohol Testing Program requirements will be reflected in the Accident Response procedures. The CONTRACTOR agrees further to certify to Collier County annually its compliance with Part 655. To certify compliance, the CONfRACTOR shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. CUSTOMER SERVICE The CONTRACTOR will operate a Customer Service Program, which accomplishes the following: Customer Inauiries. Complaints and Commendations A maio focus of the Customer Service Program is handling all customer/public inquiries, complaints or commendations received by mail, fax, e-mail, phone, or in person. The Customer Information Service hours will be Monday - Saturday from 6;00 a.m. to 7;00 p.m. The hours may be extendedlin the future if a need is identified. All inquiries, complaints, or commendations shall be recorded on Page 13 of 30 lOF a permanent customer comment fonn. The comments are to be routed to the appropriate department for research and follow-up actions. Detailed questions and all complaints must receive follow-up responses to customers within three (3) working days of receipt. An important requirement of the program is supervision of information. responses to assure quality control, accuracy, and customer service. In addition, CONTRACTOR shall monitor and schedule personnel necessary to effectively respond to incoming calls at a quality and level consistent with customer demand. Computerized Database: Customer Complaints. Comments.. and Commendations A comprehensive report is to be provided to COUNTY monthly, showing a summary of all customer communication (both received and sent). The report is to be organized by the customer comment category, by bus route, date, and custom.er name or employee name. Follow-up action taken to address concerns must be specified in this report. All complaints more than eight (8) working days old which have not resulted in a completed investigation and follow-up response (telephone or written) to the customer must be listed separately and forwarded to the COUNTY. TicketlPass Sales ProlZram CONTRACTOR will sell tickets and monthly passes for fixed route and paratransit service at the CONTRACTOR'S facility during the hours of 8 am to 5 pm on weekdays. CONTRACTOR will accept payment by cash, check, and money order. A mail-in ticket and pass program must also to be provided. All revenues from the sales program are to be included in the passenger fare deposits. The CONTRACTOR must provide com.plete accountability to the COUNTY for this program. A periodic inventory of tickets and passes will be conducted at the COUNTY'S request. ODeratinf! a Lost...and Found Pro2ram Customer Service will be responsible for managing aU lost and found articles from buses or at transit facilities. This may include fielding inquiries on the phone or in person at the Customer Service Information Office. Photo Identification Cards CONTRACTOR may be asked to prepare and issue identification cards to the elderly and disabled for federal fixed route discount fare bene,fits, as well as those eligible for the Complementary Paratransit ADA services. Customer Service will record information and prepare an LD. at the CONTRACTOR'S facility for all eligible passengers requiring the discounted fare. Information on the recipients will be entered and maintained on a database. MAINTENANCE CONTRACTOR shall provide information and training to COUNTY staff regarding compliance with all applicable requirements of Federal and State, statutes or regulations in connection with the maintenance of COUNTY-owned vehicles and equipment Preventive Maintenance Proeram CONTRACTOR shall develop and submit a pro-active preventive maintenance program within thirty (30) days of the effective date of this Agreement. At a minimum, CONTRACTOR'S preventive maintenance program shall adhere to the preventi.ve maintenance schedules and standards of the industry, and shall be sufficient so as not to invalidate or lessen warranty coverage of any county owned vehicle or associated equipment. Page 14 of 30 lOF Vehicle Towing In the event that towing of any COUNTY-owned vehicle is required due to mechanjcal failure, damage, etc., CONTRACTOR shall be responsible to arrange such towing, through a company selected by the COUNTY. The COUNTY will .reimburse the towing Contractor for service provided. VEHICLE SERVICING AND CLEA~ Daily V ehicle ~ervicin2 CONTRACTOR shall perform daily vehicle servicing on all fixed route vehicles and equipment. For purposes ofthis CONTRACT, daily servicing shall include, but not be limited to: · Fueling · Engine oil, coolant, transmission fluid, and windshield washer check/add · Farebox vault pulling and replacement · Tire inspection (air pressure, tread depth, and wear) · Brake check · Exterior and interior light operations · Interior sweeping and dusting · Exterior and interior visual inspection · Identify unreported damage CONTRACTOR shall develop, implement, and maintain a written checklist of items included in the daily servicing of each vehicle. The checklist shall be utilized and kept on file for COUNTY review for two (2) years. Similar standards should be developed for county owned vehicles out stationed to paratransit service sub-contractors. V ebicle C)eanin~ CONIRACTOR shall maintain buses in a clean and neat condition at all times. Vehicle exteriors and wheels should be washed daily and interiors cleaned daily; including floors mopped and trash removed after each day's use. Ceilings, windows, dashes, walls, stanchions, and grab rails shall be thoroughly cleaned as necessary, but at least every fourteen (14) days. All foreign matter such as gum, grease, dirt, and graffiti shall be removed from interior surfaces during the daily interior cleaning process. Upholstery shall be steam cleaned as necessary, but at least qu.arterly. Upholstery damage shall be scheduled for repair immediately upon discovery, Rubber or vinyl exterior components such as tires, bumper fascia, fender skirts and door edge guards shaH be clean.ed and treated with a preservative as necessary to maintain an attractive appearance. Buses shall be kept free of vermin and insects at all times. CONTRACTOR shall extenninate all vennin and insects from all vehicles immediately upon their discovery, utilizing safe, non-hazardous and EPA approved insecticides/materials. Similar standards should be developed for county owned vehicles out stationed to paratransit service sub-contractors. Page 15 of 30 lOF Bus StoD. Transfer Center. Transit Amenities Maintenance. Cleanine The CONTRACTOR will be responsible for cleaning and maintaining the transfer center, park and ride lots, improved bus stops, shelters and other transit amenities. This shall include but not be limited to: trash removal, washing windows, replacement of light bulbs, painting, graffiti removal, and insect removal/treatment. CONTRACTOR will be responsible for monitoring all bus stops, shelters, and other transit amenities on a regular basis and reporting any maintenance problems to the COUNTY. The maintenance program must meet the following minimum standards and the proposed plan to accomplish this task shall be submitted to the COUNTY for review and approval: · The CONTRACTOR shall be required to monitor bus stops, transfer center, park and ride lots as well as improved bus stops and shelters transfer locations on a regular basis. The CONTRACTOR'S field supervisors and the transit system bus operators may be utilized as a monitoring resource. Customer comments and requests will also provide infonnation related to the bus stop maintenance requirements. · Upon notification, the CONTRACTOR will clean and maintain the improvements and grounds at all bus stop sign, bench, and shelter locations. · Unsightly conditions reported to the CONTRACTOR by the COUNTY or the public will be corrected within forty-eight (48) hours. · Hazardous conditions such as damaged facilities will be responded to as quickly as possible. The CONTRACTOR will be initially responsible for labor and materials used in the performance of this work. The COUNTY will reimburse the CONTRACTOR for the cost of labor and materials. BUS STOP INVENTORY AND SHELTER REPAIR WORK ORD,ER PROGRAM The CONTRACTOR is responsible for managing the CAT bus stop and shelter program and undertaking designated repairs. This includes the following responsibilities: Bu.s Stop Inventon:: Preparing and maintaining a computerized CAT bus stop inventory which delineates the location of all bus stops, the routes that serve each stop, and the improvements located at each stop. Bus Sloo Shelter Revak Work Order Proe:fam Performing the ongoing maintenance of ex.isting signposts, trash receptacles, shelters and benches at stops, including repair, removal, and relocation of bus stop materials. Sieoa2e Parts Inventory The CONTRACTOR will maintain the inventory of all sign faces and posts by type, and advise the COUNTY when additional faces and posts need to be ordered. The COUNTY will reimburse the CONTRACTOR for all sign faces and posts. Stop and Route Evaluation EvaJuating requests for additional stops and routes and making recommendations to COUNTY on stop and route additions, removals and relocation. The recommendations need to be based on ADA, safety, route schedule, and community considerations. CONTRACTOR will be responsible for labor used in the performance of this work. Page 16 of 30 lOF REVENUE COLLECTION. RECONCILIATION AND DEPOSIT CONTRACTOR will develop a Plan Co assure that revenue collection, reconciliation, reporting, and deposit procedures meet industry standards and conform to local and federal requirements. This Plan is to be submitted to COUNTY for review and approval. The following is to be incorporated into the plan: · All revenue collected by CONTRACTOR for fixed route, paratransit and special event service will be the property of the COUNTY. · CONTRACTOR shall reimburse COUNTY for any revenue missing or stolen from vehicles or facilities. COUNTY and CONTRACTOR agree to daily reconciliation of receipts. CONTRACTOR shaH prepare reconciliation-reporting system in 30 days from award of contract. · COUNTY will establish the fare structure for the fixed route system and trip rate structure for the paratransit system. Any change in the fare structure or trip rates authorized by the COUNTY will be implemented by the CONTRACTOR in the manner and at the time prescribed by COUNTY. · Drivers shall be required to assure that each palron pays the appropriate fare prior to being provided transportation service. The CONTRACTOR may waive the passenger fare when appropriate in order to maintain appropriate customer relations. Procedures outlining the waiving of passenger fares shall be identified in the CONlRACTOR'S Policies and Procedures Manual. · Drivers will not handle cash or make change for passengers. · Drivers will record ridership counts by passenger category. · CONTRACTOR shall maintain the security of the fareboxes on the buses and the associated revenue collection system. Drivers will immediately:report to Dispatch all problems arising with the farcbox. · Money is not to be left in fareboxes overnight or when the vehicle is transported to an off-property garage or site. · Revenue is to be counted daily. There must be a minimum of two staff members in the vault room during the count. · All discrepancies are to be investigated and accompanied with an explanation report to the COUNTY. This report must be received within two (2) business days of the discrepancy. RECORDS AND REPORTS CONTRACTOR must maintain detailed records in all areas of the operation. This information is vital to ensure compliance with county, federal and state requirements and to enable a thorough monitoring and evaluation of the system, including riderShip, revenue, maintenance activities, service efficiency and effectiveness and customer feedback. The CONTRACTOR must develop and implement a plan to ensure the development of a comprehensive and accurate record keeping and reporting program that encompasses all aspects of the operation. This record keeping/reporting plan is to be submitted to the COUNTY one month prior to servi.ce start-up, and is to be approved by COUNTY prior to start-up. The following are to be incorporated in the CONTRACTOR'S record keeping/reporting plan: · All data and records collected pertinent to the CONTRACT must be accessible in the fonn of a hard copy and an electronic medium to the COUNTY at any time. Page 17 of 30 1 OF .~!I (Microsoft EXCEL, Word, or software approved by the COUNTY) This information also needs to be accessible by the Federal Transit Administration (FTA) Administrator, the Comptroller General of the United States or any of their authorized representatives pursuant to 49 C.P.R. 18.36(1), as well Flori.da DOT or Florida Commission for the Transportation Disadvantaged authorized representatives. · The CONTRACTOR agrees to maintain all books, records, accounts, and reports required under this CONTRACT for a period not less than five (5) years after the date of term.ination or expiration of this CONTRACT. · 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 CONTRACTOR under this Agreement shall be delivered to the COUNTY upon request and shall become the property of COUNTY. · CONTRACTOR is responsible for preparing the National Transit Database report (formerly Section 15 report), and compiling infoUll.ation regarding the service, including vehicle revenue hours; vehicle mileage, passenger trips, and service failures for the preparation of the National Transit Database report. This report is critical to receipt of federal funding and the CONTRACTOR must ensure that all deadlines established by Ff A for receipt of report and any fo.llow-up responses are adhered to. · The CONTRACTOR will be required to report all Accounting information including Revenue and Expense information using the Uniform System of Accounts (USOA) as a reference document. The CONTRACTOR must maintain the accounts and records neccssary to meet the requirements specified in the USOA. Additionally, all accounting infomJation must be reported to the COUNTY in a format that will allow the COUNTY to generate the electronic invoices using the Electronic Clearing House Operation (ECHO) program. · CONTRACTOR will bc required to maintain aU information necessary for all FfA reviews, including all FT A Triennial Review information. Information pertaining to the triennial review must be maintained in a filing cabinet sorted by the twenty-two (22) general areas of review. This infonnation must also be availablc in a comparable electronic format sorted in the same manner. When necessary, hard copies of documents pertaining to the review must be scanned so as to be available electronically. · The CONTRACTOR shall submit for the crc, a certified Annual Operating Report (AOR), to the Commission for the Transportation Disadvantaged by September 15th each year with a copy provided to the Collier County :MFO. The AOR must be subrhitted to the Local Coordinating Board for review prior to submitting it to the Commission for the Transportation Disadvantaged. · The CONTRACTOR shall comply with the Transportation Disadvantaged Program Standards for Coordinators. REQUIRED REPORTS The following reports are to be submitted to the COUNTY according to the specified frequency: Ooerations Reports Page 18 of 30 lOF The following is an illustrative list of the nrinimum operational reports required for the fixed route system. Identical, similar, or like-wise appropriate operational report for the paratransit system must also be provided. 1) Daily Dispatch Log · The Contractor will record on a daily disparch log all radio communication received from operators and supervisors including time, vehicle number, route number, and a brief summary of any incident and its resolution. 2) Daily Operating Report · Total runs dispatched · Total revenue hours operated · Total dispatched runs and revenue hours that were missed · Total dispatched runs that were delayed · Total number of trips monitored by Contractor · Total monitored trips recorded as late or early · Total number of autho.dzed extra trips · Accidents (any vehicle used in the transit system or passenger) · Total number of bus failures (identified as major or minor and the reason for the failure) by bus and run number · Total number of buses (in service) with inoperable wheelchair lifts identified by bus number · Parebox problem, tampering, vandalism. etc. by bus number · List of supervisors dri ving routes and run number · Number of dispatchers and supervisors on duty (not driving) · Number of open runs (driver's) and run number and number of deviations by bus and run · Revenue and revenue miles, hours and number of passengers · Number of late cancellations and no-show paratransit trips with details of circumstances and causation Monthly ReDorts · Total number of mfl:jor and minor mechanical failures (by bus number and run number) · Total miles between failures · Mileage per month · Total missed trips and hours · Total supervisor hours driving routes · Total vehicle miles and hours · Total number of passengers · Accidents and incidents · Complaints from passengers: by route, type and driver Sa,fetv Reports 1) Monthly Drug and Alcohol Testing Information Page 19 of 30 lOF Number of tests administered by personnel category and all positive and negative results for the following categories: · Pre-employment · Post Accident · Random. · Reasonable Suspicion · Return to Duty 2) Monthly Accident Statistics · Preventable and Non preventable · Passenger Injuries · New Workers Compensation Injuries, Injuries per 100 employees · Incidents 3) Accident Reporting Dispatch Memorandum of Accident (including drug & alcohol testing requirements) as per page 18 "Safety Requirements". · Supervisors Accident Report · Drivers Accident Report · Police Report · Safety Department Follow up Report Revenue ReDorts 1) Daily Reconciliati.on Report · Ticket Sales · Cash · Total Reven ue · Total Deposit 2) Farebox Reports · Daily Revenue and Ridership Report · Daily Farebox Data Verification Report (discrepancies) · Daily Exception Report · Daily Security Report · Monthly Revenue and Ridership Report Reports shall be due by the tenth (10th) day of each month for service provided in the preceding month. Customer Service Monthlv Reports · ComplaintS/Commendations · Copy of each complaint and commendation · Summary of follow-up action · Summary of nnmber of complaints and commendations by issue Personnel ReDorts - Monthlv · Total Positions by Department and Classification - Required, Filled and Vacant · Number of Employees in Training (by Department) Page 20 of 30 lOF ,..,. County Notification - Immediatelv · Accidents (any County vehicle or passenger) · Incidents that delay route more than 10 minutes · Missed trips · Major bus failure (any disabled bus) · Detour or deviation off nonnal routes, this includes deadhead routes ORGANIZATION AND PERSONNEL PLAN The CONTRACTOR will provide an organization and personnel plan identifying staffing levels for each depanment. The plan needs to detail job descriptions, full tim.e or part time designation, shifts, days of assignment and projected annual hours. The organization and staffing levels need to enable the delivery of a public transportation service that meets the COUNTY goals. As conditions change during the life of the CONTRACT, the CONTRACTOR is ~quired to develop revisions to this plan to ensure the delivery of quality transit service. Manae:ement CONTRACTOR shall provide management staffing at a level and capability sufficient to oversee its functions and employees. CON'IRAcrOR shall designate and provide the services of a General Manager who shal1 provide overall management and supervision of the fixed route and paratransit systems under the terms of this AGREEMENT. The appointment of the CONTRACTOR's General Manager is subject to and contingent upon the approval of the COUNTY. The General Manager shall work cooperatively with the COUNTY'S Alternative Transportation Modes Director in matters relating to service quality, providing operational and other data as described in this Scope of Work, responding to comments from fixed route and paratransit passengers and the general public, and responding to specific requests for other assistance as the need an.ses. CONTRACTOR shall assure COUNTY that the General Manager designated for this project will not be replaced without the written consent of COUNTY. Should the services of the General Manager become unavailable to CONTRACTOR; the resume and qualifications of the proposed replacement shall be submitted to COUNTY for approval as soon as possible, but in no event later than ten (10) working days prior to the departure of the incumbent General Manager, unless CONTRACTOR is not provided with such notice by the departing employee. COUNTY shall respond to CONTRACTOR within three (3) working days following receipt of these qualifications concerning acceptance of the candidate for replacement General Manager. . Any new General Manager must be adequately briefed of ongoing and upcoming issues by the departing General Manager. The office of the General Manager will be physically located at CONTRACTOR'S operations facility. At all times, the General Manager. or an Operations Supervisor designated to act for the General Manager, shall be available either by phone or in person to make decisions regarding day-to-day CAT operations or provide coordination. as necessary, and shall be authorized to act on behalf of CONTRACTOR regarding all matters pertaining to this Scope of Work. Page 21 of 30 lOF '* Emplovee Screenio2 and Selection CONTRACTOR shall use appropriate screening and selection criteria to employ all staff. A detailed method for the selection of all employees must be developed by CONTRACTOR and approved by COUNTY. The selection method must identify a process for evaluating minimum requirements. The following needs to be addressed in the screening and selection program: · Proven ability in the area of customer service. This is vital to the delivery of quality transit services · Review of driving ability for all employees operating transit vehicles · References of past employment · Drug and alcohol testing for safety.sensitive employees; this includes a signed waiver at time of hiring for any drug/alcohol testing results to be given to COUNTY · Job related requirements for each position . CDL License · Review of Motor Vehicle Records . Job description · Pay Scale Trainin2 CONTRACTOR shall develop, implement, and maintain a formal training and retraining program, which shall be subject to review and approval by COUNTY. All operators, dispatchers, customer service personnel, supervisors and managers shall participate in the program. All COUNTY- approved costs will be reimbursed to CONTRACTOR by COUNTY. An important part of the program is a Customer Relations component. All em.ployees having contact with the public must complete a Customer Relations course. The purpose of the course is to help provide employees with skills in providing quality customer service to passengers and the public. As part of the training program, CONTRACTOR shall prepare and distribute to all operators, dispatchers, telephone operators, and supervisors a DRIVER'S MANUAL. Contents of the DRIVER'S MANUAL shall include the following subject areas: driver's rules; accident/incident policies; radio policies and procedures; farebox policies and procedures; fog and inclement weather policy; vehicle inspection, care and maintenance policy and procedures, reporting procedures and pertinent sample forms. For operators, CONTRACTOR must certify in writing, by name, each individual operator as having satisfactorily completed all requirements and training courses prior to allowing that individual operator to operate a bus in revenue service. This certification requires a minimum of eighty (80) hours of training for each operator, full and part-time. The minimum eighty (80) hours shall include the eight (8) hour minimum National Safety Council Defensive Driving Course or equivalent, with satisfactory scores. It shall also include a minimum of thirty-two (32) hours of wheel time, including at least four round. trips on each route. At least eight (8) hours of classroom instruction shall be performed for each of the following categories: 1) passenger relations, 2) accident reporting procedureSl 3) radio communication procedures and codes, 4) schedules, routes, fares, and farebox procedures and, 5) ADA regulations for fixed route operations, and 6) ADA equipment operation. To maintain each individual operator's certification, the CONTRACTOR must provide and document annual refresher training of at least eight (8) hours for each operator covering passenger relations, operating procedures, ADA regulations and equipment updating. This training must Page 22 of 30 lOF ~ satisfy the paratransit service Passenger Assistance Training/Sensitivity requirement of Rule 14~90. Additionally, the CONTRACTOR'S trainer shall conduct and document an on-board evaluation with each operator. The CONTRACTOR is responsible for training all operators on the requirements for public transit as defined in the Americans with Disability Act of J.990 (ADA) requirements. The CONTRACTOR addressing fixed route ADA requirements shall develop n comprehensive, on.going training program. The COUNTY will strictly enforce compliance with the ADA law. Suuervisip.!1 The CONTRACTOR'S supervision program must ensure that a high quality level of service is being delivered to fixed route and paratransit passengers. The CONTRACTOR to meet the above goal should evaluate supervisor-staffing levels in all departments carefully. Supervisors must have and maintain an appropriate Commercial Driver's License or other appropriate license. The CONTRACTOR must document and report to the COUNTY all instances where supervisors and dispatchers are used as operators. The CONTRACTOR must develop a plan for ensuring adequate supervision in these instances. Uniforms CONTRACTOR personnel who perfom front line customer duties shaU wear an official CAT uniform. The CONTRACTOR may not alter or replace unifonn parts without the express approval of the COUNTY. Supervisors must be .io uniform when on duty. The plan should include the proposed uniform pieces and supplier; however, the COUNTY determines the system logo, name, and colors. Operators and street supervisors must be clean and presentable at an times. The unifonn may not be worn when performing duties or engaged in activities not related to the fixed route or paratransit systems. COUNTY will reimburse CONTRACTOR for all approved unifonn costs. Equal Emulovment OpPortunity lEEO)/Affinnative Action CONTRACTOR must develop and implement an EEO and Affirmative Action program that meets or exceeds all federal, state, and COUNTY policies. CONTRACfOR to prepare EEO program that complies with FTA Circular 4704.1 "Equal Employment Opportunity Program Guidelines for Grant Recipients" and submit to COUNTY by January 1 of each year. CONTRACTOR to update program. and submit annually to COUNTY. PERFORMANCE STANDARDS The CONTRACTOR will perform all transit services required by the CONTRACT according to the performance standards set forth in Section 4 - Scope of Work. These standards are the minimum acceptable requirements for services performed under this contract. The CONTRACTOR'S plans and procedures, submitted with the PROPOSAL, shall incorporate actions necessary to provide service according to these minimum standards. The COUNTY has developed these standards with which the CONTRACTOR is expected to comply to .insure that the COUNTY'S transit services, employee perfonnance and vehicles meet COUNTY standards. Failure by the CONTRACTOR to meet these standards could result in the COUNTY Page 23 of 30 lOF assessing an appropriate liquidated damage amount for each incident of non-compliance. The COUNTY has established specific performance standards related to the following: · Vehicle maintenance · Operating requirements · Vehicle cleanliness · ADA compliance · Safety requirements · Reporting requirements Fixed Route Bus Operation~ The following performance requirements apply: · Maintaining on-time performance within zero (0) minutes early and five (5) minutes late of scheduled times · Completing scheduled trips in their entirety · Operating routes in accordance with the established routes (operating according to the correct routel serving all designated stops) Paratransit Operations The following performance requirements apply: · All scheduled pick-ups must be accomplished · All pick-ups must occur within fifteen (15) minutes of the scheduled pick-up time Vehide Cleanliness CONTRACTOR shall maintain fixed route vehicles in a clean and neat condition at all times. CONTRACTOR is responsible for the following: · Daily cleaning of the interior of the vehicles · Daily cleaning of the exterior of the vehicles · M8:10r detailed interior and exterior cleaning every fourteen (14) days · Quarterly upholstery cleaning ADA Compliance The CONTRACTOR shan meet the ADA requirements. The CONTRACTOR is responsible for the following: · The proper use and maintenance of mobility devices (wheelchair lift) to board passengers · Properly boarding persons in wheelchairs as well as passengers who are required to stand on the wheelchair lift platform to be lifted into the bus · Properly securing wheelchair passengers in the wheelchair tie-down positions · Making the required announcements of stops on the bus Public Address (P A) system Safety ReQuirements The CONTRACTOR is responsible for complying with all of the following: · Reporting all passenger or vehicle accidents to COUNTY promptly within one (1) hour of occurrence and following up with required detailed written accident report within three (3) days · All provisions of the System Safety Program Plan must be complied with Page 24 of 30 lOF ReDortinl! The CONTRACTOR is responsible for complying with all of the following: · Submitting required monthly reports and documentation as outlined in the RFP Section 4.3.34 within ten (10) working days of the end of the month · Providing initial response to customer within three (3) working days from date of complaint receipt · Completing investigation and follow-up response on customer complaints within seven (7) working days of complaint receipt · All incidents and accidents must be reported to the COUNTY in accordance to the definitions, limits and timelines of the United Stated Department of Transportation (USDOT) Federal Transit Administration (FT A), the Florida DOT, and the Florida Commission for the Transportation Disadvantaged · Submitting required monthly reports and documentation as outlined in Section 4.3.34 within ten (l0) working days of the end of the month · Providing in.itial response to customer within three (3) working days from date of complaint receipt · Completing investigation and follow-up response on customer complaints within seven (7) working days of complaint receipt LIOUIDATED DAMAGES For performance not delivered in accordance with this contract, the COUNTY shall incur additional expense, loss of confidence by system users, and negative or adverse bad publicity for the program and other damages to the COUNTY and the program. System performance outside of peIfonnance no.UTIS causes passengers to file complaints and make multiple calls to ensure that trips are properly boo.ked and delivered. The actual damages caused by such a breech uncertain or difficult to accurately estimate or prove. For this reason, Liquidated Damages may be assessed against the CONTRACTOR for the below specified violations: Liquidated Damages for Operating Requirements For each instance in which the CONfRACTOR fails to comply with operating requirements of this CONTRACT, liquidated damages may be assessed at the rate of fifty dollars ($50.00) per incident. COUNTY may waive liquidated damages for missed trips or late trips when circumstances ex.ist that are beyond the CONTRACTOR'S control, such as passenger or driver illness, significant traffic delays, weather conditions or accidents not involving CAT, non-preventable accidents involving CAT, road closures and repairs causing delays or rerouting, parades or special events. Failure to pick up a scheduled paratransit trip will be assessed thirty dollars ($30.00) per occurrence. Failure to pick up a scheduled paratransit trip within fifteen (15) minutes of its scheduled pick-up tim.e will be assessed ten dollars ($10.00) per occurrence. Liquidated Damages for Vehicle Cleanliness For each instance in which the CONTRACTOR fails to comply with the vehicle cleanliness specifications of this CONTRACT, liquidated damages may be assessed at the rate of fifty dollars ($50.00) per incident. Page 25 of 30 lOF Liquidated Damages for ADA Compliance For each instance in which the CONTRACTOR fails to comply with the ADA requirements of this CONfRACT, liquidated damages may be assessed at the rate of fifty dollars ($50.00) per incident. Liqu.idated Damages for Safety Requirements Liquidated damages may be assessed at the rate of two hundred dollars ($200.00) per occurrence for failure to report an accident involving a COUNTY owned vehicle or bus. All accidents, whether preventable or non-preventable, involving a COUNTY vehicle or bus, must be reponed to the COUNTY designee, immediately followed by a detailed written accident report within three (3) days. Reporting all passenger or vehicle accidentslincidents as listed under "Safety Requirements" (page 29) to COUNTY promptly within one (l) hour of occurrence and following up with required detailed written accident/incident report within three (3) days. Liquidated Damages for Reporting Requirements Liquidated damages in the am.ount of fifty dollars ($50.00) per day of delay in submitting completed required reports and documentation from the required deadline. COUNTY may not assess this damage if, in the COUNTY'S sole judgment, they are the result of events which are outside the control of the CONTRACTOR. Liquidated Damages for Customer Service Liquidated damages may be assessed at the rare of fifty dollars ($50.00) per occurrence for any complaint recorded with Customer Service in which: · the customer's comments have not resulted in an initial verbal and/or written response to complaint within three (3) working days from complaint receipt a completed investigation and follow-up response (telephone or written) has not been provided to the customer within seven (7) working days of the date from complaint receipt. Prior to assessment of liquidated damages, COUNTY will inform CONTRACTOR of the assessment and receive any explanation from the CONTRACTOR. CONTRACTOR shall be required to provide a written and/or verbal explanation for COUNTY. Upon receiving the explanation, COUNTY shall detennine whether or not to assess liquidated damages. Liq,uidated damages shall be deducted from subsequent payment(s) due CONTRACTOR. Liquidated damages are neither a penalty nor forfeiture; they shall compensate the COUNTY solely for the disruption of service caused by the breech of system standards. TURNOVER PROCEDURE Upon termination of this AGREEMENT, CONTRACTOR shall return all COUNTY -owned vehicles and equipment to COUNTY ready for use, with no deferred maintenance or damage. Page 26 of 30 lOF ATTACHMENT 3 COST PROPOSAL All amounts subject to revision by County. ESTIMATED COST BREAKDOWN McDonald Transit Associates Bssedo.n 42,926 FIxed: roufe revenue h.OUfS DlusDsfstrsnslt,setll ce FV 2005- FY 2006- FY 2007. 06 07 08 TOTALS LABOR General Manaaer 93 282 97,521 10201 a 292.822 SUDDort Staff 277,191 284,128 291,166 852,485 ODerators 657 016 673,319 692 662 2,022,997 Paratransit SUDoort Staff 357,098 372.238 386 056 1 115391 FRINGE BENEFITS FICA 77,704 79.626 81,812 239 143 Pension Plans 30,47.2 31.226 32,083 93 781 Hosoital, Medical and Dental 162,608 180.494 200,349 543 451 Ufe Insurance 6,275 6,275 6,275 18,8.24 UnemOlovment Insurance 16,064 16 265 16494 48,822 Sick Leave 46,880 48 040 49,359 144 279 Holidav 31 ,254 32 027 32,906 96.186 Other Paid Absence 0 0 0 0 Other (includino workers como) 131.440 134 4tl6 137,963 403.870 SERVlCES Manaaement Servioe Fee 89,381 92 308 95.526 277,214 Advertisina Fees 20,000 20,600 21,218 61,818 Professional and Technical $Brv[ces 0 0 0 0 Safety Incentive 3,400 3.350 3,350 1 0,1 00 Customer Service Incentive 0 0 0 0 Other 12419 12.753 13,097 38.270 MATERIALS AND SUPPLIES CONSUMED Fuel and Lubricants 11 ,250 11 .925 12.640 35,815 Tires and Tubes 0 0 0 0 Other Materials and Supplies 8499 8.682 8,870 26,051 CASUAL TV AND LIABILITY COSTS Premiums for Phvslcal DamaOB Insurance 31,878 31,878 31 ,878 95 634 Premium for Public Liability and General 0 Lfabilitv Insurance 158,600 164 844 171.336 494.780 Other Insurance Premiums 7.400 7,622 7,851 22,873 i Page 27 of 30 1 OF .~ FY 2005- FY 2006- FY 2007- 06 07 08 TOTALS TAXES Federal Income Tax 0 0 0 0 Other Taxes 0 0 0 0 PURCHASED TRANSPORTATION SERVICES Contracted TransDortatlon ServIces 2,302,708 2,426.108 2,575,323 7,304.140 Other 0 0 0 0 MISCELLANEOUS EXPENSES Dues and SUbscriptions 1,061 1.093 1 J 126 3.279 Travel and Mileage 2,122 2.186 2,251 6.559 Training 0 0 0 0 Computers and Related Equipment 0 0 0 0 Radios and Related Equipment 0 0 0 0 Office Equipment Rental 0 0 0 0 Office Furniture 0 0 0 0 Office Supplies 4.800 4.656 4.516 13,972 Postage 1.200 1 236 1.273 3709 Other 14,000 14,000 14,000 42 000 SUBTOTALS 4,556,002 4.758,864 4,993.400 1 4,306,265 PROFIT 0 Calculated at 2.5% of subtotal (fixed route) 47,405 49,013 50,801 147,218 Calculated at 2.5% of subtotal (paratransitl 66 495 69,959 74.034 .210.488 TOT ALS 4,669.902 4,877,836 5 1 1 8,235 14,665972 Page 28 of 30 .' lOF ,.,;I COSTING RATES FY 2005-06 FY 2006-07 FY 2007-08 TOTALS Monthl Administrative Fee '5 222 15819 16.462 Annual Administrative Fee 182 663 189,829 '97 544 Administrative Fee - Minimum 357,098 372 238 386,056 Administrative Fee Per Paratransil Tri $2.94 $3.06 $3.18 Fixed Route Cost Per Hour Rate 41.02 $42.39 $43.92 paratransit Cost Per Tri Ambulator Wheelchair Stretcher $15.00 $15.00 $15.00 $27.50 $27.50 27.50 $28.50 + $28.50 + $28.50 + $1 .50/mile $1.50/mile $1.50/mile Base+ Base+ Base+ 1.50/mile $1.50/m ile $1.50/mfle $ 539,760 $ 562 067 $ 583,600 $1.685427 $1,760,938 $1 819,702 $1.885,276 $5465,917 $2 369,203 $2 496 066 2,649,358 $7,514 628 $4 669 902 $4,877 836 5,118,235 14665972 Out of Area Annual Administrative Cost Annual Fixed Route Cost Annual paratransit Cost Total Costs This estimated cost proposal Is based on the data In the RFP. It does not constitute a fixed price bid. Page 29 of 30 " . lOF '~i ATTACHMENT 4 RISK MANAGEMENT Fi xed I{ lluk Contractor procures and is reimbursed for: Commerci al General Liability Business Auto Liability Umbrella Liability Workers Compensation All Risk Fire and Extended Coverage Vehidel Automobile Physical Damage Fidelity Bonds Employment Practice Liability $5,000,000 $5,000;000 $10,OOO~'OOO in excess of $5,000,000 Statutory Limi ts Current Value $10,000,000 $50,000 $1,000;000 each occurrence ' PAR,,\T/\ANSIT Contractor inspects each subcontractor vehicle and decuments conditions, insurance coverage, and latest inspection Subcontractor procures and is compensated through the trip rate for: Automobile Liability '$1,000,000 COI.:NT'I f'dAI.\I n::I'J,\:\!( 'I'~ County procures and cbarges to the transit fund: Garage keepers Liability Coverage $1,000,000 Page 30 of 30 "t#'if!Jl>fi';~Jt)\Mr;:;"i~";~'4\<':~'(~'-i^ "d -. ORIT~~~o~~T~J~il%~~~~ J 0 I THE BOARD OF COUNTY COMMISSIONERS OFFlCE FOR SIGNATURE Print Oft piat pIJIft'. At1:IdllO oricin:ot dOClunCllt. oncIMl dotwmenu..1lI be hIrld dcRnmllO die loud ome.. Tht cumo""-d ""'till' tNp tnd or;p~1 dcc1JmealJ:mIlObe(~lOlhe8oltd0fl'1Ce0ft1y*ltltBOMd_tatellCdoftan1btllllnl.) ROUTING SLIP C:mplcw ro.cin,IiM:l'1 dltoap. N:as ~ (or*kticiOn&l..pICarU..teI....vortaformtciOlllleeded.lrttkdoai_lisalr1:::ld,.complrtc: ...lhtlle a: '011 oflhca.itmao'lti dn.abcdlrolr ~Il ba'ltbrou '4.c IcwthedtectUst.Zftd(orwvdIOS..PibolllIiDc'S), Route to Addressee(s) Ornee Initials Date Usr ia. I'OliIOa order) l. 2. 3. 4. 5. Sue Filson. E;t.ec'Jtl',e \1.lnJger Board of County Commissioners 6. Minutes and Records Clerk of Coun's Office PRIMARY CONTACT INFORIvL\TION in.. prlmItV ~0fIlX1" ~ "'Jilkr of 'h~ ""'JllUl doc\Jmflll pelldin, BCC ~pp1'O"1Il. Nonnall,. lhe prilNryeOllt:lCl " thf penOll ...Ilo ernl~ lhf uttUliyc ..mrnary PnIl'W'Y eoncclln{omallOfl 11 nC'tlkd ,n 11" e~lllM 0( die JddrtSlCC'J ~bave. inclvdjlll Sue l"ilson. neW rocOIIQCllatrfor Jddih(llUll or mlUI"' i"rom.-. AU onpn.:a11Oc-Jmf'!lts ~i".tM ace Qu;lITlaa.lllparul'1!W! IObrdtli-..:mitOlhlI BCCoff'lCeOflI,. ~ftulhc BCCIl;asKtrd I02~l1lt ;lml,) N.:une o( PnmJ,fY $IJff ,'C)./12L 4JJ :"" Phone Number li 7 Y3 Cont.:1ct 7 ',0 Agenda Dale Item "'as 02 {. () ..:l- Agenda Item N'umber .f L A ...ed b the Bee I 'J T)1le of Document P'I~J.-r A('tte"dfU..r\ Number of Ongln.:11 I Att3ched Document! Atuched I. INSTRUCTIONS & CHECKLIST Inrt,..l the Yes column or m;uk '~/A.. In lhe NO! Apphc:1bJe column. whichever IS a p :nc. Onglnal document Ius been slgned/iOltlaled for 1c~I:l1 suffiCIency. (All documents to be sllned by the Ch.llnnan. .....Hh ~ e:tc~llon of moSlleuers. must be reviewed and signed by the Office of the Coonl:>, AlIcrney. ThiS includes signature P'les from ordinances. resolutions. etc. ,i,nee! by the County Attorney's Office and silo'ture ptles from conuacu. acrec~nts. etc. thu have been (ully executed. by all parties except the Bee Chail1Tl.3.n and Clerk to the Board and ib! Slate Officials.) All handwritten strikc-throuah and rev;sions have been initialed by the County Attorney's Office and all olher les ex ( the BCe Chlirman and the Qerk: to the Board The (hainnan' s signarure line dale has been entered u the date of Bee approval of Ihe document or the tinal ne otiatcd contrlCt d:l!e whichever is a Ucable. ",Sian here" tabs arc placed on the appropriatc pares indic:llinl where the Chainnan's si nature and initials are uired. In moSl C:LSe$ (somc contr2clS are an excepnon), the onimal document ~nd thIS rou~ng slip should be provided 10 Sue Filson in lhe Bee office within 24 hours of Bee approv21. Some documenls are lime sensitive and require forwarding to T:1l1ahassce w!\hin:l cen:lin lime fnme or lhe BCC's actioru are nullified. Be aware of our de3dlines! The document was 3pprOYt'd by the BCe on .. oJ'" (mter datt) and 311 chllnlt$ m~de during the mtellng hut been Incorporated In tht attached documtnL Tht Coun Attorne 's Office hu rntewed tht cbln Ir. UCDble. r>>B Yes (IniU:lll N/AlNol A licable) 2. J. 4. s. 6. t ftannlfCOIIllt)' FonnsI8CC Fomwonpw l)xuIntllUROIIieISI, WWSOrfpnal9.G3.G4.Rntsed 1,%6.Q5. RmtedU4,()ji .....:: ,oJ 0 T ~I"'~~~~~. FIRST AMEND . EN: c." ' . l"I'<li?i"(; ':: :;;";:r~,':~-~ ..' '. _,;~/_:>: . '. ::To- -\~~T.i:_;:_(,:'>' .)' TillS FIRST AME:>;OMENT TO LEASB;, 1GR~I\1'(r';~nl.rtd inlo ,hi. '" 7 darof ,;ii, ",. I J .......'-...J.- . 2oo;al Nlpl... Collier. ~ounty'j(norida by and belween Maureen Monn, Inej~~d'~ "'... ""'idng 'add.... i. The Barge al C><>Odland Bridge, 3200,sIlIO'ROiicI;92. Goodlond. ~lorido 33933, hereinaOery . . .\ ",ferred '0 .. "l.ESSEE," Jnd ('Ol.l.lER COUNTY. 0 politleal iubdivlilon of the 510'. of Flori"'- _hose "",i1ing . Iddress j, .1~nl E.t~l T .ami.tmi TrJII. Nar1c... F1orid.l34112. hcreinaOcr rcrcrrcd 10 as ..LESSOR... WITNESSETH WHEREAS. ('Illll~'r (""Unl) JUO ,\l.lurt'1.'1l :-'10r..ln.ll\l.'. haw pn:\'iou~l)l entereu il1lo II l.caJ.c Agrl'cllk'n1 daled NU\'l'mhcr 4, 1<),)7~ WIIEREAS.lhc LESS(JR and I.ESSEE. an,' JI..''''rous ofamcnding the uase Agreement; NOW TlIEREFORE, in ~.unsidcraljon of the ('oven"nl. andagrcetTM!nu provided within t:aid Lease Agrcemenl ' ,t:\- allu il'll OLl1i.H\ tSiO./lii, ;ltIU other valuable coniidc(ation, said Lease ^~rccmcnt is hereby <lmcndt-d as" toll(h..-s: I. The fnll"....lOb: rrll\j\iun \nJIl \'l.: J~hkd 10 Al1kle J of the Le.lSe Agrecmcrn: I.F.S~EL ,J~h.'''''\ JIlJ unJ...r~IJnJ\ Ih..., LESSEE'S pooscssion of the De01i~eJ I'rcllli.\l'!> j\ 1~'lllpOrJr)' in llilture, and th.ll ntl p"rli"1l l,t Ill\.' l^,rnl\~'J I'relT1l~~'~ ~h.lll ~ u~'d 10 fuHiIl any development requirement 01 the Colri~.r ('(lumy Land lk'durln.'n! ('<Ilk. O[ Ih~' \!.H(" 1,1,IIlJ J,,1nJ Ik,'d(~mcnl ClxJe, impmcd upon, llr m...de OJ bmullion of Ihe aPrru\i11 of an~ de\ell1pment nrJ 'f. ~ilc: de\l'I,'pnll'ntl'l.:m ilr Planned Unit Ucvdoprncnl for prl)pcrt)' I(ll'alt'u aJjOll:Cnl 10, or outiide the ~)tmu...ril."\ (If Ilk.' 11t'rni~l.'J Premil;('\, indudlng.bulnol limiled to parking. open spat.c. ....;ller management. lanu...:arlll;:: (Ir rl'ljurrl.:d l.lfJ\ Al\~ 'u("h u\(.' of lhe Demised Prcmi~eJ, or any u~ of the Dcmi\crJ I'r~'mil,t,~ f(lr dc,.'nsiIY cakul...lioO'> I' rl\'hlh,~:J "nJ ,h...ll tx. ,l:wund, fl'( immediate termination orlhi~ L.'a!i~ hy LESSOR :.!. E\\.'l.'rl "~l"f'f-=,~I~ rro\lJcJ ht,'fl'IO, the Lc3!oCAg."Ccment bt,:lwecn Maur(.'('n l\loran. lnl... and CuJlkr County, D polilk..lI \u!xJI\l\lOn "" lhe SWe of Florida. (or lheutilization or theJ>Cmised Pr~'mi!;cs descrihl:d in ~aid Lease Ap'rt.'rrll'nl JJll'''' :--,:,,\ 'mt-cr ~. 1(;.;17. n:ffi.Jin~ in full forte and crre<.:rllccording fl) rhe term\ and conditions ('unlaincd:' thc..'r~.in. ;mJ 'J)J r,'l:', .111,1 ,..ndlll<\ll\ Jfl' ,Irrlil...hrc hcretoc\,"epl ali c'preul)' pro\il.kd olnn....l". herell1. I' \\'1'1'1:":- WIII-RUII.. Ilk' LE~"'OR ..nil LI:SSEE 1I:l\c hcrellll'Wl:lltnJ Ihi., hr~l Ank'llJU'k'n! ,,, I..(.'J~ A~H~l'ITIl.Tlllh.,' .1,1' JnJ \'_'Jr lir,: .lhol\i: \"111('1\ AS TO TilE I.fS'OR P ~ DATED~~:_.;]2.~ . v AlTEST OWIGIrT E BI<<Jl'~. Ck,l BY~..L~~r,;.r AdHt""I~ ClIifnu', 11lll11tln 01111 ^ ~ r . BOARD OF COUNTY (,O~L\IISSI():>;ERS. COLLIER COUNTY. F!.ORlllA BY A~~~~... rREO W. COYLE, CHAI'RJWlAN AS TO TIfE I.E~sEE DATED. ';;"-17- LJ<4 (/h,p:;)~ Wilnc<;\ (Sl~n"'lur:."\ (/ /,/.-f" ( /,7 ~<:./ / rl.;~,,"A',"\ ." --::,/!,__'i. 19 ___ (rrint ;\"Illl.', J .~ bu:0Loj:Lll" I cJcj,~~~..., "'itnes.; l~i~n.llllr,'1 f>7ffliJ//lto'j (Print Namcl ';<-I! N (1 ri',f """,for. ~-t5 APPro~.. 10 l(lf~ I gal ~ulfkICnc) Thoma~ 8Jlnlt..r AuiManl County Atlomc)' / 1-10-0'> 12A RESOLUTION NO. -3-43. A RESOLUTION INITIATING FLORIDA STATUTES, CHAPTER 164 CONFLICT NEGOTIATION PROCEEDINGS WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA WHEREAS, it is the intention of Collier County to initiate the conflict resolution proceedings provided by Chapter 164, FS., and WHEREAS, Bernard J. and Helen R. Nobel and Vincent D. Doerr, property owners, have filed suit against Collier County in Bernard J. and Helen R. Nobel and Vincent D. Doerr v. Collier County and Collier County v. South Florida Water Management District and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in Case No. 05-0064-CA for inverse condemnation resulting from actions taken by Collier County in conjunction with an agreement with the South Florida Water Management District, (SFWMD) and The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, (TRUST), and WHEREAS, on September 24,2003, Pamela MacKie appeared before the Collier County Board of County Commissioners on behalf of the SFWMD and requested among other things, the vacation of certain streets in Southern Golden Gate Estates area; and WHEREAS, as a result of the aforementioned requests, Collier County agreed to enter in an interlocal agreement with SFWMD and the TRUST, to vacate certain roadways; and WHEREAS, after said vacation, the above-referenced lawsuit was filed against the County and in response, the County filed a third-party complaint against the SFWMD and the TRUST; and WHEREAS, after the filing of the suit, both the SFWMD and the TRUST requested the institution of Chapter 164, F S. intergovernmental negotiations; and WHEREAS, all parties to Case No. 05-0064-CA, including the Plaintiffs, agreed to these proceedings, and WHEREAS, under the aforementioned agreement, the SFWMD was to convey 640 suitable aces ofland to the County on or before October 1,2005; however, the land designated by the SFWMD may have environmental problems, and NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, to initiate, pursuant to F.S., Chapter 164, proceedings to resolve the following: 12A 1. conflicts pertaining to the County's claims and the inverse condemnation claims of the Plaintiffs in Case No. 05-0064-CA; and 2. the conveyance of 640 suitable acres to the County pursuant to the aforementioned Agreement between the County, the SFWMD and the TRUST. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ 7 day of S e-fT eJt..-pe te- . J OW 0 ~ .tc By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA F~~~~'C~ ATTEST: ~." /l' DWIGHT E. BROCK, CLJ;:RK " c, ~'~ Attest as ~..Cba 1~' s S f~:at"r~ on 11 <tJ ~JhJ ltem# \2A- Agenda 0 -d.." fI <:" Date ] . ( LJ.J Dat~ 9 -~q ~Cf) li~~.~ L"."~.=~_ MEMORANDUM Date: September 29, 2005 To: John Houldsworth, Senior Engineer Engineering Services Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolutions 2005-327 Enclosed please find one copy of the document as referenced above (Agenda Items #16A4), approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you should have any questions, please feel free to contact me at 774-8411 Thank you. Enclosures 16A4. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J 6 A 4 · THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. Original documents shoLlId be hand delivered to the Board Omce. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. [rthe document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines # [ throu h #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. ~ 11.4) lid iLtt_ 2. 3. 4. 5. Sue Filson, 6. Minutes and Records l!;)f5 ;;dml/! Board of County Commissioners ;;;.5 " (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statf tor additional or missing intormation. All original documents needing the BCe Chairman's signature are to be delivered to the BCC ortice only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Clerk of Court's Office ffi( )'15'1 14t/l ~ / Yes (Initial) NI A (Not A licable) PRIMARY CONT ACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached l. Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines' The document was approved by the BCC on 7 () enter date) and all changes made during the meeting have been incorporat (J in he attached document. The Count Attorne 's Office has reviewed the chao es, if a Iicable. -55{ ~) L:.' IV J ' cr ;;5c. 5:;- /) c.., <.-/ ../' N/A is not an option for line 6. 2. 3. 4. 5. 6. I: Forms! County Formsl BCe Forms! Original Documents Routing Slip WWS Original 9.ln.04. Revised 1.26.05, Revised 2.24.05 I 16A4- RESOLUTION NO. 05--3.2...7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADW A Y AND DRAINAGE IMPROVEMENTS IN ORANGE BLOSSOM DRIVE FROM AIRPORT ROAD TO FIRST BAPTIST CHURCH I BRIDGEWATER BAY ENTRANCES, ISSUE THE APPROPRIATE IMPACT FEE CREDITS, AND ACCEPT THE MAINTENANCE RESPONSffiILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 22, 2002 entered into a "Standard Form Collier County Contribution Agreement for First Baptist Church of Naples, Inc. for Road Impact Fee Credits", hereinafter "Agreement" recorded at O.R. Book 3142, Pages 2295 through 2320; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements contemplated in the Agreement in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Transportation Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Orange Blossom Drive from Airport Road to First Baptist Church I Bridgewater Bay entrances and authorize the issuance of Impact Fee Credits. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements. Th~eso1utio"p adopted/after motion, second and majority vote favoring same, this ;) 1 -day of U~ jJ-/-e-m /).i r, 2005. , ..' ,~ ~~ n ~,'!} DATE:. . 0,( ATTEST: DWLOm:;E.~ROCI{., CLERK . J" .>;~\i; ~: "'\'/:':~:': BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA llJC Att.e$t:u to Cha 1 MIlan' , signature only By: "~ lJ w, ~ FREDW. COYLE, CH AN Approved as to form and legal sufficiency: Item# \CpA Agenda q -~ 'l-{)) Date Date q -QA-tJ5 ReC~~j puty Clerk Jennifer A. Belpe io Assistant Collier ty Attorney 16A6 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 10th day of April, 2007, between Northbrooke Professional Village, LLC hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Professional Village @ Northbrooke B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: roadways, utilities & stormwater drainage within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $159,527.50 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. Page 1 of3 RECEIVED APR 1 :-' 16A6 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision Page 2 of3 16A6 performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account ofthe failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 10th day of April, 2007. Y (l U'1-J (>) 9~ Print Name: j(;,.,^. '-"1 ~_~l~_. Print Name: L\ 51'. ~e,^--","'c~' By: \ SIGNED IN THE PRESENCE OF: . Northbrook1 P , sional Village, LLC Todd E., v \ BOARD OF C~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ,~~~ / , airman By: ATTEST.:, Cl ~r'~ DWIGHT E. Bitavrs: Clerk By: _ . .,.Q ty Clerk -' Atbrrt .,,\ 'C1tIilrun' .fonat~.D/ll. . ;.~ . . . . ...10 .. -10 ~ -.'""'\...., '., K})')" Jeff . , Assistant County Altorney Item# Il.oA~ ~genda (J~"1 I__r- wete ::1..lfJ.jJJJ ~:~~d M';f ~I~ ~l. Page 3 of3 il7Fifth Third Bank 1,6A6 ~-~n () -, i\ '.1 . i i IRREVOCABLE STANDBY LETTER OF CREDIT NO. CIS406116 PAGE 1 ISSUING BANK: FIFTH THIRD BANK, (SOUTH FLORIDA) ("ISSUER") 999 VANDERBILT BEACH ROAD, 7TH FLOOR MD B9997C NAPLES, FL 34108 PH: (239) 591-6413 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, C/O ENGINEERING REVIEW SECTION, 2800 N. HORSESHOE DRIVE, NAPLES, FL 34104 APPLICANT: NORTHBROOKE PROFESSIONAL VILLAGE LLC 12810 TAMIAMI TRAIL NORTa= NAPLES, FL 34110 LETTER OF CREDIT NO: CIStp>j+;J,,6, J"" . ISSUE DATE: APRltl€!'~ 2.007 '~;i';U~ EXPIRATION DATE: APRJ[Ji.Q~ 2,008 ;t;j;;;;7~ EXPIRATION PLACE: AT OURCO~TE~2JnFTH THIRD BANK, 999 VANDERBILT BEACH ROAD, 7TH FLOOR.), MI'S1"7C, NAPLES, FL 34108 AMOUNT: 159,527.50 USD ONE HUNDRED FI~~~trINE THOUSAND FIVE HUNDRED TWENTY SEVEN 50/100, UP TO ~;'~REGATE AMOUNT THEREOF. CREDIT AVAILABLE WITH: ISSUER ....... ISSUER HEREBY ISSUES IN BENEFICIARY'S FAVOR THIS IRREVOCABLE STANDBY LETTER OF CREDIT WHICH IS AVAILABLE BY PRESENTATION OF YOUR DRAFT(S) AT SIGHT DRAWN ON FIFTH THIRD BANK, (SOUTH FLORIDA) ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND THE FOLLOWING DOCUMENTS: BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER CERTIFYING THAT: "NORTHBROOKE PROFESSIONAL VILLAGE LLC HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS NORTH BROOKE PROFESSIONAL VILLAGE OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY". PARTIAL DRAWINGS ARE ALLOWED. MULTIPLE DRAWINGS ARE ALLOWED. il7Fifth Third Bank 16A6 LETTER OF CREDIT NO. CIS406116 PAGE 2 THIS CREDIT SHALL BE VALID UNTIL APRIL 2, 2008, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL OR COURIER THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. ALL DRAFTS MUST BEAR THE CLAUSE: "DRAWN UNDER LETTER OF CREDIT NUMBER CIS406116 OF FIFTH THIRD BANK, (SOUTH FLORIDA), DATED APRIL 02, 2007." THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. THIS ORIGINAL LETTER OF C ALONG WITH ANY SUBSEQUENT AMENDMENTS, MUST BE SUBMI ,. THE BANK FOR OUR ENDORSEMENT OF ANY PAYMENTS EFFECTED BY'" loa' FOR CANCELLATION. '}""Cih . , 'I, ;;,~~1:i !~j,!~ ISSUER HEREBY ENGAGES WIT~~~F~CI~. .' AND IN COMPLIANCE WITH THill'" MS;OF. BE HONORED IF NEGOTIATED OR PRES~NT OR BEFORE THE EXPIRATION DATE A~: Fr VANDERBILT BEACH ROAD, 7TH FLOO)(, ~~.,' DRAFTS DRAWN UNDER ETTER OF CREDIT WILL NG BUSINESS HOURS ON ,,, IRD BANK, 999 .~7C, NAPLES, FL 34108. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. PRESIDENT 'fk 16A6 THIS INSTRUMENT PREPARED BY: Edward P. Canterbury, Esquire P. O. Box 280 Ft. Myers, FL 33902 AFFIDAVIT OF MANAGERS OF NORTHBROOKE PROFESSIONAL VILLAGE, LLC Before me, the undersigned officer authorized to administer oaths, appeared Todd E. Gates, Brian K. Stock, and Richard S. Crawford, Managers ofNorthbrooke Professional Village, LLC, a Florida limited liability company, who, being first duly sworn, depose and say on oath the following: I. That they are a majority of the Managers of Northbrooke Professional Village, LLC, a Florida limited liability company ("Companv"). 2. The Company has been duly organized under Florida law. 3. The Company maintains its principal place of business at 12810 Tamiami Trail North, Naples, Florida 34110. 4. The Company owns fee simple title to the following described real property ("Propertv") located in Collier County, Florida: See attached Exhibit "A". 5. In accordance with the Operating Agreement, the Company is Manager managed, and Todd E. Gates, as a Manager of the Company, is hereby authorized to execute all documents necessary in connection with the plat of Professional Village at Northbrooke including, without limitation, transfer documents related to the utility facilities and/or related utility easement(s) being conveyed to Collier County, which utility facilities and/or utility easements are located over, on and/or under the underlying Property. 6. The Company has not been dissolved. 7. The Company is in good standing under the laws of the State of Florida and all applicable Florida and federal taxes owed by the Company have been paid in full. 8. The Company is solvent and there are no insolvency or bankruptcy proceedings pending or threatened against the Company. IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals this I Clt.!(jay of February, 2007. Signed, sealed and delivered in the presence of: .11(\ \( y~J S G~h -'-"<;j Print: J<(!.. p(\ f'I AD.} 11 '{!~I . I ~_:-~~...Aft.._ Print: L ~ C;(\ -rh"",",I'l.c:n.-- . ~C~!~'"J IA. O\'~J..l-~. Print:--1<o-l ~{\. ~\. Ail \!,Vyt 'i L~~-".o~ . Print: L,;sa.. \h0i~~ I..i!{\ .'-It \'-).~ ({, ,-J.,J)< '- if Print: 1.0. ",\ /l.,. A i\ ! Ml L':.A...... ~-^'^r~....... Print: L .. S 0-. \"ho ,,^,"sOY""\ - 2 - 16A6 al Village, LLC, a company / By: Todd E. Gat , By: /- By: 16A6 STATE OF Florida ) ) COUNTY OF Collier) The foregoing instrument was acknowledged before me this 1(\ \Sday of February, 2007 by Todd E. Gates, Manager of Northbrooke Professional Village, LLC, a Florida limited liability company, on behalf of the company, who is personally_~own to l1).e or pmduced ~-_..--- .-lIS identifi~tion. ~_....".."., ~ .~- -;;;;i;;';'-'-";~-R'EN B ANKNEY ,....~,..!'J:t" f\..... . ," .A 'Y. ""-'I"ISSION#00254795 :.*: ~-d.'j :*~ " '-")~' ,VI ~;:~?,W _ L:;~P1HES: December 20, 2007 r~..,"; \C~.., fl'!d 1 fl... '10.,1' p"b1" Urnl""itorn ~:n:...;.. >7'''"C" _ \.) , .'1 ~At/'-Z.~ D . Notary Public G/~'N~O ~ My Commission Expires: PrintIType Name of Notary Commission No: STATE OF Florida ) ) COUNTY OF Collier) The foregoing instrument was acknowledged before me this ~day of February, 2007 by Brian K. Stock, Manager of Northbrooke Professional Village, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me OI'-pfeOOced ~id""tjfic!ltion. My Commission Expires: ~ ~\t/L ) C6 . (~/b),-( (~ Notary Public ! ""'''''~''I,,, KAREN B. ANKNEY .. f'.~!I'A.~:' MY COMMISSION #,00 254,95 "S*t ~ :..f EXPIRES: December 2.0, 2007 ~~.. "f,-~~~$ 13000dedThru Notary P')bllc Underwriters '.Rr",,' .................--. Print/Type Name of Notary Commission No: - 3 - 16A6 ST ATE OF Florida ) ) COUNTY OF Collier) The foregoing instrument was acknowledged before me this l(;I~:'day of February, 2007 by Richard S. Crawford, Manager of Northbrooke Professional Village, LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or I'",duced _____~_" __ _asidentificat;on ," --,- My Commission Expires: .,~ . --...."",.."..) --:~~:~~~"C:-'KARENB. ANKNEY /I;~""~,~'o MY COMMISSION # DO 254195 ~*. iIr<: 007 j,,'.. j,i EXPIRES: December 20,2 ~&,~. ""d.dThm,,,,,^'"b1,,U"'ffl""," I~~jn"t:-.", __. '--k-cr'.lJ\J '~~ . C./\ ~'\'-<'a-- Notary Public Print/Type Name of Notary Commission No: #1416947v3 -4- 16A6 LEGAL DESCRIPTION That certain portion of Tract C of Northbrooke Plaza, according to the plat thereof, as recorded in Plat Book 31, at Pages 65 and 66, inclusive, of the Public Records of Lee County, Florida, that is replatted and more particularly described in the plat of Professional Village at Northbrooke, a copy of which is attached hereto. EXHIBIT "A" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 Ii 1 0', TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO H" THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson ine #5 . Initials Date PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Lj () '<.J' ,~ ~ -:l." --'-~--'----_._-.,---_..~. 2. ..-----..-- 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners !lc A .' 6. Minutes and Records Clerk of Court's Office \ \.0 f_\<"4.. " \(:;.., L" \... ~;'_A._ ~- ~-, Phone Number \...6 \..:0 ''-..'0 \.-9 \', ,- \ I: Forms/ County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 '1 -;)",\. Ci <;,. Agenda Item Number (\ d.e" t' N\ v". Number of Original Documents Attached (' or . \ 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on '''I . :), - () ", (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. <=> ....., 16AIO ADDENDUM TO AGREEMENT FOR WAIVER OR DEFERRAL OF COLLIER COUNTY IMPACT FEES This Addendum to Agreement for Waiver or Deferral of Collier County Impact Fees ("Addendum") is entered into this 27th day of September, 2005, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County", and Oakhaven Apartments, Limited Partnership, a duly registered limited ~ partnership under the laws of the State of Florida, hereinafter referred to as -'Owner." .... .... .... <:...> .... """ ""'" .... m ...; COli;;; C"',J =:> m8.... """ """ """ ._I3Q~ c:> ::;: <:...> ....... ""'" - ........ C) .... <:...> <:...> C) c::::::> ..... """ c::::::> "" <XI ___ <r.> - -. <=>.... m ~E- <:...>::.:: .... C> -. c.:::::....... ~"""'~ C>:Sx <:...> 0... -- ............ -. ....u-o ~.... .. C) ..., Lt"") <=> r--- ;g ..... c::::::> ..... .., r--- s::: U"> ......<=> m <=> <=>...... ....- <=> en """ ...... C)_ <:...> en ....<=> """ """ C) C) ""'" .... ::.:: <=> E- """ .... ...: C) "' .... ::.::.... I!-o <:...> ..... C).... <=> E- .... .... C) ...... .. ::.:: c:t::: t-- s::: """ .... ~PQe-e--.. CU....:lZ=-<I o::u........~ WITNESSETH: WHEREAS, Owner and County entered into an agreement for waiver or deferral of Collier County impact fees on September 21,1993, a copy of which is attached hereto as Exhibit "A" ("Agreement"), and incorporated herein by this specific reference; and WHEREAS, County, on January 26, 1994, pursuant to Resolution 93-28, under Agenda Item 8.A.l, approved the expenditure of $189,224.31 from General Fund 111 to pay for Library, Road, Parks and EMS Impact Fees; WHEREAS, the aforementioned Agreement, Exhibit A, was recorded in the public records of Collier County, Florida, on October 7, 1993, at Official Records Book 1872, Page 1724, constituting a "lien" on certain property located in Collier County, Florida, as more particularly described in Exhibit "B" hereto ("Property"), for the re- payment of impact fees that will be due and owing on the Property ("Impact Fees"); and WHEREAS, the aforementioned Agreement incorrectly stated the owner of the property to be "B&B Properties, Inc.", when in fact the then correct owner was Oakhaven Apartments Ltd., which is still the Owner; and lof6 . .-- OR: 3900 PG: 3284 16AIC WHEREAS, the County finds it to be in the best interest of its citizens to continue to provide for affordable housing in Immokalee, Florida and has determined that affordable housing is still needed therein for the foreseeable future; and WHEREAS, the County has determined that an extension of the deferral period for the Property, for fifteen years from the date of this Addendum is in the County's best interests and is consistent with its continuing need for affordable housing, and, as such, has approved an extension of the deferral period as embodied in this Addendum. Now, therefore, in light of the mutual covenants set forth herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in light of the foregoing recitals the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. The parties affirm and agree to the terms and conditions of the Agreement to the extent consistent with this Addendum and as indicated in the following paragraphs: A. Reference in the Agreement to "Owner" shall be considered a reference to Oakhaven Apartments, Limited Partnership. B. The six recital paragraphs in the Agreement, each beginning with the word "whereas" and beginning on page one and ending on page two, are hereby recognized and ratified. C. Paragraph 3 of the Agreement is amended by adding the underlined text that follows and deleting that text which has been struck through as follows: TERM. Owner agrees that the property shall remain affordable housing and shall be offered for sale or rent as 2of6 OR: 3900 PG: 3285 the case may be in accordance with the standards set forth in the appendix to the Impaet Fee Ordinance Article IV of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) for a period of fifteen years commencing from the date a certificate of occupancy is issued for the dv;elling mHt from the date of this Addendum (Extended Deferral Period). Provided that the Property continues to be maintained as affordable housing in accordance with the provisions cited above. any and all impact fees pertaining to the property and due under the Agreement. Addendum. or otherwise. are deferred and shall not be due and re-paid until the end of the Extended Deferral Period. i.e. September 27.2020. 16AIO D. Paragraph 8 of the Agreement is deleted in its entirety and replaced by the following: For rental units, the impact fees deferred shall be re-paid to the COUNTY upon the sale, refinancing, or discontinuance of use of the dwelling unit as affordable housing or on the expiration of the Extended Deferral Period, whichever occurs first. A sale, assignment, or transfer of the Property before the end of the Extended Deferral Period shall not trigger the payment of the impact fees provided the purchaser, assignee, and/or transferee of the Property ratifies, assumes, or otherwise agrees to be bound by this Addendum. If the Impact Fees are paid at any time hereafter for any reason, the Owner, purchaser, assignee, and/or transferee (as appropriate) are no longer bound by the terms of the Agreement or this Addendum or otherwise required to maintain the Property as affordable housing in accordance with the standards set forth in the Collier County Consolidated Impact Fee Ordinance. E. Paragraph II of the Agreement is deleted III its entirety and replaced by the following: RELEASE OF LIEN. Upon the re-payment of the Impact Fees, the County shall, at the expense of the County, record any necessary documentation evidencing same, including, but not limited to, a release of lien. 30f6 F. Paragraph 12 of the Agreement IS deleted In its entirety and OR: 3900 PG: 3286 16AIO replaced by the following: BINDING EFFECT. This Addendum shall be binding upon the parties to this Addendum, their heirs, successors and assigns. In the case of the sale, assignment, or transfer of the Property, Owner shall no longer be liable and/or responsible under the Agreement or Addendum for repayment of any and all impact fees, provided the purchaser, assignee, or transferee of the Property ratifies, assumes, and/or otherwise agrees to be bound by the terms of the Agreement and Addendum. 3. This Addendum shall be recorded by Owner at the expense of Owner in the official Records of Collier County, Florida, within fifteen (15) days after execution of this Addendum. 4. In case of any conflict or ambiguity between the Agreement and this Addendum, this Addendum shall control. 40f6 OR: 3900 PG: 3287 16AIU In Witness Whereof, the parties have executed this Addendum for deferral of Impact Fees on the date and year first above written. Witnesses: Owner: Oakhaven Apartments, Limited Partnership D~~ Print Name J/,.e,',,; Z~7"'-4 ~;A,,-V By: National Corporate Tax Credit, . " Inc., Its general rtner STATE OF CALIFORNIA COUNTY OF LOS ANGELES On September 27, 2005 before me, Tirui Zanazanian, personally appeared Jeffrey H. Sussman, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. [NOTARIAL SEAL] -~ Signature of Person Taking Acknowledgment / JIi?-UI Zrj-rt'4 ~,;~ Name of Acknowledger -" ~#1_789 I.,; Noby PubIc . CcIIfafta loI~ CounIv ItfComm. __DIe 26, NOTA/<Y ~Wt3(..1 <:.. Title or Rank /S3g7~9 ;;J..;zt-?J,? Serial Number, if any, or Date Commission Expires 50f6 *** OR: 3900 PG: 3288 *** 16AIC PASSED AND DULY ADOPTED by vote of a majority of the Board of County Commissioners of Collier County, Florida, this -;) ,"'day of ~)~ {\\ ('.", \,p ,_ , 2005. A TTEst! i.,~ DWIGHT E.BRdex, CLERK '. '; ,~:':,. ~ . -.:' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA " . i2vJ .~' , ~ 0-'. ',' (QC "j.,.it;',., . At~~'St:'4~D:,th~I~. , signature on1, By: '1uJ- w ~ FRED W. COYLE, Chairman Approved as to form and Legal sufficiency: Patrick G. W ite Assistant County Attorney 60f6 16A13 Resolution 2005-328 Item # 16A13 September 27,2005 BCC - R Meeting FCC FORM 394 Exhibits 1 & 7 June 2005 Document on file in the Minutes and Records Department ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Prin! on plllk parer. \ttach to oflginal docuJllent (lngllwl docullIcnts ,hould he: hand delivered 10 thc Hoard (lIlkc I he Wlllpktc:d loullng,lrp and onglJlal "ilCUllle'lIl> arc to he !()rwardcd to the Iloard ( HYler onl\ aftL'r the I{oal d ha.. tahl'l1 aello" OJ) Ihe ikm } ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line througt routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 5dl~)(114 L.,1l t!)) 7,--S /1/ ' I / 'I,} -t d5 L 9 /./ V Jle; /J 10 . 2. ( I' I 3. X 4. / \ 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office oS PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff James French Phone Number 213-2989 Contact Agenda Date Item was 9/27/05 Agenda Item Number 16A 13 Aporoved by the BCC Type of Document Resolution ~06S- -3 ~cg Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the fmal ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 9/27/05 (enter date) and aU changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Jicable. Yes (Initial) JF N/ A (Not A licable) 2. 3. 4. 5. 6. N/A JF JF JF JF I: Forms/ County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 == == 0.0 0.0 ...... ...... ..., ..., "'" "'" en - "'" ..... e:..> ..... "'" = "'e:..> -" - C"-, _- oo~ r-- = c::::> 8 _ ... ..."", .. i:IICl ~ ~::: e:..> ..... - -" - -=- e:..> e:..> = c::::> ..... ... c::::> C> IX! __ en . ....... <=> "'" CV') :3 l!- e:..> ::c "'" f.!) .. .. ec; t--I p:; -" ~ C> ~ :z: e:..>oee ........ ..... 0"0 ,- _...... C"'-..J - .. C> ...... c::::> ....... r--~.... c::::> .... n:J r-- s::::..... ......= CV') = <=>...... "'" -- <=>0"0 ......... C> --... e:..> 0"0 ""'= ... ... C> C> -" - ::c <=>e- ....... oee C> IX! "'" ::c "'" I!- e:..> ...... C> _ 0.0 e-._= = .... ~.bl:: oc: CIO s::::"'''''' +J PQ E-t E-t QJ~ :z: P<I a:;ltJ....... ~ 16A13 RESOLUTION NO. 2005--.J2.B. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING ASSIGNMENT AND CHANGE OF CONTROL OF CABLE TELEVISION FRANCHISE FROM TIME WARNER CABLE, INC. TO MOC HOLDCO II, INC., AN INDIRECT WHOLLY-OWNED SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS HOLDINGS, INC., PURSUANT TO A REDEMPTION AGREEMENT AMONG THE PARTIES. WHEREAS, Time Warner Cable ("Franchisee") is duly authorized by the Collier County Board of County Commissioners (the "Franchise Authority") to operate and maintain a cable communications system (the "System") within its franchised areas pursuant to a franchise agreement (The "Franchise") granted by the Board of County Commissioners acting in its capacity as the Franchise Authority; and WHEREAS, pursuant to a Redemption Agreement dated April 20, 2005 between Time Warner Cable, Inc., MOC Holdco II, Inc., TWE Holdings II Trust, Cable Holdco II, Inc., and Comcast Cable Communications Holdings, Inc., an application was timely submitted on June 14, 2005 requesting the Board's approval of this assignment and change of control of the Time Warner Cable Franchise to MOC Holdco II, Inc., a wholly- owned subsidiary of Comcast Cable Communications Holdings, Inc.; and WHEREAS, a sufficient FCC Form 394 requesting this approval from the Board of County Commissioners, acting its capacity as the Franchise Authority to the transactions, has been reviewed by staff; and WHEREAS, after reviewing the FCC 394 and its accompanying materials, staff recommends that the Board approve the applicants' requests; and WHEREAS, The Board, acting in its capacity as the Franchise Authority, agrees with staff's recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that: Section 1. The Board of County Commissioners, acting in its capacity as the Franchise Authority, hereby consents to and approves the transactions to the extent that this consent is required by the terms of the Franchise Agreement and applicable law. Section 2. laws. This Resolution shall be deemed effective in accordance with applicable ~ This Resolution adopted this ;( 7 day of second and majority vote favoring adoption. '-... )(1 ;Jlf?41T,~, after motion, I ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By~tl.~rtnDl)(BY ~W. ~ -., p'uty'Clerk 'j' FRED W. COYLE, Chairm - ~tte$t as to Chat MIlan' I Apprd~l9g't~~rRP 1, And legal'~;.uj;fiCi~cy: Tc9Vv\ (J~ Thomas C. Palmer Assistant County Attorney Item # l (of\-l3 Agenda q -'dl-D5 Date 16A13 ~ OR: 3900 PG: 0784 co cast@ 'J' ; Form 394 Application OR: 3900 PG: 0785 ,- @omcast. 16A13 Corncast Cable Communications, LLC 1500 Market Street Philadelphia, PA 19102-2148 " -._.~ ~-... ..._.,' ,.. '. _~, _',_T<. _ ",_,,~~_. .~_~_ ._~ _._... __A ~ .___ June 10, 2005 County of Collier 2800 N. Horseshoe Road Suite 210 Naples, FL 34104 Re: Time Warner/Comcast -- Change of Control Dear Franchising Partner: As you may have read, Comcast Corporation and various affiliates ("Comcast") and Time Warner Cable Inc. and various affiliates ("Time Warner Cable") have reached an agreement whereby Comcast will acquire control of the cable system serving your community. Attached are charts to assist you in understanding how the transaction will be completed. As shown on the charts, the first step in the transaction is an internal Time Warner Cable assignment to wholly-owned subsidiary Cable Holdco II, Inc. This internal Time Warner Cable assignment is done solely to facilitate the change of control transaction with Comcast. Immediately thereafter, in the second step of the transaction, an indirect wholly-owned subsidiary of Comcast will acquire all of the stock in Cable Holdco II, Inc. At the conclusion of this transaction, Comcast will have 100% control of the cable system in your community. To the extent your approval is required for this change of control, we have provided you with significant material regarding the transaction. If you determine that your consent is not required for this transaction to proceed, you need not take any further action. If, however, you believe your consent is necessary, we have provided copies of the Federal Communications Commission's ("FCC") Form 394, other information, and a draft consent resolution to help facilitate the consent process. · FCC Form 394. FCC Form 394 (required copies enclosed) is designed to provide you with the relevant information needed to assess the financial, legal, and technical qualifications of the proposed transferee. OR: 3900 PG: 0786 , 16A13 · According to the FCC's rules, you have a maximum of 120 days from the date --, . you receive this information to review-all materials 'and act upon our-request for consent to the transaction. (Please note, this time frame may be shorter if so specified in your franchise.) . Consent Resolution. Should you determine that your consent to the transaction is required, we have enclosed a draft consent resolution that can be used to help expedite the consent process. We would request that a consent resolution, if needed, be placed on your agenda for consideration at your earliest convenience. All of us at Comcast are excited about the opportunity to serve your community. Should you have any questions about the FCC Form 394, the consent resolution or any of the other enclosed documents, please give me a call at (215) 320-5585 or send a facsimile to (215) 320-5902. Sincerely, ',~ ... ~\-'~~~ Sheila R. Willard Senior Vice President, Government Affairs Attachment and Enclosures OR: 3900 PG: 0787 16A13 THE TRANSACTION .- T_ .,..._. ~._ "__. _ __ ._ .___ . . ~ .._. . ~_ _,__.. _ ..' '. . _~._ ._.__~ .'_~, ~_ . .-.- "'. '-". -- -. ~ -- ". ---- ..-...._. CABLE HOLDCO II, INe. ======- COMCAST CORPORATION INTERMEDIATE ENTITIES MaC HOLDCO II, INe. TIME WARNER CABLE INe. Assigns Franchise To Subsidiary ======- TIME WARNER CABLE ASSIGNS FRANCHISE TO SUBSIDIARY. COMCAST SUBSIDIARY MaC HOLDCO II, INe. ACQUIRES ALL OF THE STOCK OF TIME WARNER CABLE SUBSIDIARY. OR: 3900 PG: 0788 16A13 AFTER COMPLETING TRANSACTION . - .-. ~- --.' -. .,.. , . ~ ..- .,..,.....-.- '"._, .."- -_.' ~.. . ". .'_"~ '. -,,__, w_ ',_. '. __ . . __. '".,. ._ COMCAST CORPORATION INTERMEDIATE ENTITIES MOC HOLDCO II, INe. CABLE HOLDCO II, INe. (FRANCHISEE) OR: 3900 PG: 0789 -",.-. 16A13 ,- - ..~, -- . - '.' '- ".. ".-. .'-' _ ~_ ,_" ~ __. .._ "w _' _ ~.."... RESOLUTION NO. CONSENT TO ASSIGNMENT AND CHANGE OF CONTROL WHEREAS, Time Warner Cable Inc. ("Franchisee") operates a cable television system in the County of Collier, FL ("Franchise Authority"); and WHEREAS, pursuant to a Redemption Agreement dated April 20, 2005 by and among Comcast Cable Communications Holdings, Inc.; MOC Holdco II, Inc.; TWE Holdings II Trust; Cable Holdco II Inc. and Time Warner Cable Inc.: (1) the Franchisee cable system and franchise will be assigned to a wholly-owned subsidiary of Franchisee, Cable Holdco II, Inc. and (2) immediately thereafter, pursuant to the same Redemption Agreement, all of the stock of Cable Holdco II, Inc. will be acquired by MOC Holdco II, Inc., an indirect wholly-owned subsidiary of Comcast Cable Communications Holdings, Inc. The assignment and change of control described herein shall collectively be referred to as the "Transaction"; and WHEREAS, Franchise Authority has concluded its approval is necessary for the above described Transaction and has been provided an FCC Form 394 and related information for such Transaction; and WHEREAS, the Franchise Authority has considered and approves of the Transaction described above. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: SECTION 1. The foregoing recitals are approved and incorporated herein by reference. SECTION 2. The Franchise Authority consents to the Transaction described herein. SECTION 3. This Resolution shall be deemed effective upon adoption. OR: 3900 PG: 0790 16A13 SECTION 4. This Resolution shall have the force of a continuing agreement with the '.- , .- Fr.anchisee and the Franchise Authority shall not.lllllend Of.otherwise alter this Resolution._ without the consent of the Franchisee. PASSED, ADOPTED AND APPROVED this ,2005 day of By: ATTEST: Clerk Federal Communications Commission Washington, DC 20554 OR: 3900 PG: 0791 16 A-l'-3 FCC 394 Approved By OMB 3060-0573 APPLICATION FOR FRANCHISE AUTHORITY . . . CONSENTTO ASSIGNMENT OR TRANSFER OF -CONTROL OF CABLE TELEVISION FRANCHISE SECTION I. GENERAL INFORMATION I FOR FRANCHISE AUTHORITY USE ONLY DATE June 10, 2005 1. Community Unit Identification Number: 2. Application for: D Assignment of Franchise l2S] Transfer of Control 3. Franchising Authority: County of Collier, FL 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: County of Collier, FL 5. Date system was acquired or (for system's constructed by the transferor/assignor) the date on N/A which service was Drovided to the first subscriber in the franchise area: 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the 1 Q 2006 or as soon as system to transferee/assignee: reasonably practicable 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this application that is identified in the franchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this application. Exhibit No. N/A PART 1- TRANSFEROR/ASSIGNOR 1. Indicate the name, mailina address, and teleDhone number of the transferor/assiqnor. Legal name of Transferor/Assignor (if individual, list last name first) Time Warner Cable Inc. Assumed name used for doing business (if any) Mailing street address or P.O. Box 290 Harbor Drive City State ZIP Code Telephone No. (include area code) Stamford CT 06904-2210 203-328-0600 2. (a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. (Confidential trade, business, pricing or marketing information, or other information not otherwise publicly available, may be redacted). Exhibit No. 1 (b) Does the contract submitted in response to (a) above embody the full and complete agreement between the transferor/assignor and the transferee/assignee? DYes ~ No If No, explain in an Exhibit. Exhibit No. 1 FCC 394 (Page 1) OR: 3900 PG: 0792 PART II ' TRANSFEREE/ASSIGNEE 16 A--13 1. a Indicate the name, mailin address, and tele hone number of the transferee/assi nee. .. Legal name of Transferee/Assignee.{if individual, list last n.amefirst)., , '. .. _ _... MOC Holdco II, Inc. Assumed name used for doing business (if any) Com cast Mailing street address or P.O. Box 1500 Market Street City Philadel hia ZIP Code 19102 Telephone No. (include area code) 215-665-1700 b Indicate the name, mailin address, and tele Name of contact person (list last name first) Sheila R. Willard Firm or company name (if any) Com cast Cable Communications, LLC Mailing street address or P.O. Box 1500 Market Street, 28th Floor West Tower City Philadel hia hone number of erson to contact, if other than transferee/assi nee. ZIP Code 19102 Telephone No. (include area code) 215-320-5585/Fax 215-320-5902 (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person who should be contacted, if any. Exhibit No. N/A d Indicate the address where the s stem's records will be maintained. Street address 1500 Market Street City Philadel hia ZIP Code 19102 2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. Exhibit No. 2 FCC 394 (Page 2) OR: 3900 PG: 0793 SECTION II. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 16A13 1. Transferee/Assignee is: rg] Corporation .. .. ~ ---'''----.- a. Jurisdiction of incorporation: Delaware d. Name and address of registered agent in _. . ,- . --'.' __ "4_ .~. . .... -.. jurisdiction: -., '. '- --. '. - , .-... .'~_ .... 4_ ___ b. Date of incorporation: 1 0/29/02 Comcast Capital Corporation 1201 Market Street, Suite 100 Wilmington, DE 19801 c. For profit or not,for'profit: For profit D Limited Partnership a. Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b. Date of formation: D General Partnership a. Jurisdiction whose laws govern formation: b. Date of formation: D Individual D Other. Describe in an Exhibit. Exhibit No. N/A 2. List the transferee/assignee, and, if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully' the lettered items below refer to corresponding lines in the following table.) (a) Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next, then directors and, thereafter, remaining stockholders and/or partners. (b) Citizenship. (c) Relationship to the transferee/assignee (e.g., officer, director, etc.). (d) Number of shares or nature of partnership interest. (e) Number of votes. (f) Percentage of votes. (a) See Exhibit No.3 (b) (c) (d) (e) (f) FCC 394 (Page 3) OR: 3900 PG: 0794 16A13 ~- 3. If the applicant is a corporation or a limited partnership, is the transferee/assignee formed under the laws of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? If the answer is No, explain in an Exhibit. 4. Has the transferee/assignee had any interest in or in connection with an applicant which has been dismissed or denied by any franchise authority? If the answer if Yes, describe circumstances in an Exhibit. DYes [SJ No ./ Exhibit No. ..-, 4..... .... ../ DYes [SJNo Exhibit No. 5 5. Has an adverse finding been made or an adverse final action been taken by any court or administrative DYes body with respect to the transferee/assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authorization (including cable franchises) to provide video programming services; mass media related antitrust or unfair competition; fraudulent statements to another government unit; or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s) involved, including an identification of any court or administrative body and any proceeding (by dates and file numbers, if applicable), and the disposition of such proceeding. 6. Are there any documents, instruments, contracts or understandings relating to ownership or future DYes ownership rights with respect to any attributable interest as described in Question 2 (including, but not limited to, non,voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? If Yes, provide particulars in an Exhibit. 7. Do documents, instruments, agreements or understandings for the pledge of stock of the transferee/assignee, as security for loans or contractual performance, provide that: (a) voting rights will remain with the applicant, even in the event of default on the obligation; (b) in the event of default, there will be either a private or public sale of the stock; and (c) prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No, attach as an Exhibit a full explanation. SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from committed resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally accepted accounting principles, including a balance sheet and income statement for at least one full year, for the transferee/assignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications, experience and expertise regarding cable television systems, including, but not limited to, summary information about appropriate management personnel that will be involved in the system's management and operations. The transferee/assignee may, but need not, list a representative sample of cable system currently or formerly owned or operated. [SJ No Exhibit No. 6 [SJ No DYes DNo N/A Exhibit No. N/A [SJ Yes DNo Exhibit No. 7 Exhibit No. 8 FCC 394 (Page 4) SECTION V - CERTIFICATIONS OR: 3900 PG: 0795 16A13 Part f - Transferor/Assignor ,- "'AII the statements made in the application and attached exhibits' are considered material-representations. and all the Exhibits are-a material part hereof and are incorporated herein as if set out in full in the application, Signature I CERTIFY that the statements in this application are true, JL\ f\ (b l L- complete and correct to the best of my knowledge and belief and are made in good faith, Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE June 10, 2005 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U,S, CODE, Print full name TITLE 18, SECTION 1001. David A. Christman Check appropriate classification: o Individual 0 General Partner r8J Corporate Officer o Other. Explain: (Indicate Title) Vice President and Assistant Secretary Part II ' Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transferee/assignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. Signature I CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief and r if 11;(' ~ are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE June 10,2005 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. James P. McCue Check appropriate classification: o Individual 0 General Partner r8J Corporate Officer o Other. Explain: (Indicate Title) President FCC 394 (Page 5) OR: 3900 PG: 0796 16Al: Exhibit 1 Attached to the inside back cover of this Form 394 is a CD-ROM. The folder entitled "Time Warner Cable to Comcast" contains unredacted copies of all of the documents necessary to understand the transaction, including a copy of the Redemption Agreement dated as of April 20, 2005, by and among Comcast Cable Communications Holdings, Inc., MOC Holdco II, Inc., TWE Holdings II Trust, Cable Holdco II, Inc., Time Warner Cable Inc. and, for certain limited purposes, Comcast Corporation ("Comcast"), Time Warner Inc. and TWE Holdings I Trust; and the Letter Agreement by and among Cable Holdco Inc., Cable Holdco II Inc., Cable Holdco III LLC, Comcast Corporation, Comcast Cable Communications Holdings, Inc., Comcast of Georgia, Inc., MOC Holdco I, LLC, MOC Holdco II, Inc., TCI Holdings, Inc., Time Warner Inc., Time Warner Cable Inc., Time Warner NY Cable LLC, Time Warner Entertainment Company, L.P., TWE Holdings I LLC, TWE Holdings I Trust, TWE Holdings II Trust and Urban Cable Works of Philadelphia, L.P. (collectively, the "Agreements"). Exhibits and Schedules to the Agreements have been omitted, as provided in Question 2(a), as this information consists of non-public exhibits or schedules not necessary in order to understand the terms of the Agreements or contains confidential trade, business, pricing or marketing information. i.- -.- ....~'-_....- ,-~-- ......",-~-,., ~. ".~'.. .. ....-. """'-.-.' ---'~._'.,. - _. - - ._-.....-,~.._. . ..-. -- ....~- - ..,....--.,. -'.-. ., , ~~'.._.. ._. . .., ~ -~. ,-----.--.-..- _.. -".' -- .-, ._, . .,".~ . Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0797 16A13 Exhibit 2 Transferee has no plans to change the current terms and conditions of service or operations of the system. The cable system will be operated pursuant to the terms of the current franchise agreement and applicable law after the consummation of the proposed transaction. Transferee reserves the right to make service and operational changes in accordance with the terms of the current franchise agreement and applicable law. --..-. ~--~-'-"-'-"._'--' -------..,.---'--.-..--.-.--..------.,-.-..-- ._-'..-..... _..~._".,._.__"___.__M_'.___..._.___.___~...........,,___~__._.._....,.___,.--....__..._ Exhibits FCC Form 394 June 2005 OR: 390~' P-G: 0798 16A13 Exhibit 3 The Transferee, MOC Holdco II, Inc., is a Delaware corporation. MOC Holdco II, Inc., is 100% owned by Corncast of Georgia, Inc., a Colorado corporation. Corncast of Georgia, Inc., is 100% owned by Corneast MO Group, Inc., a Delaware corporation. Corneast MO Group, Inc., is 100% owned by Corncast Cable Communications Holdings, Inc., a Delaware corporation, which is 100% owned by Comcast Corporation, a publicly traded Pennsylvania corporation. As of February 28, 2005, the following persons held a 5% or greater ownership interest in any voting class of Comcast' s Common Stock: Title of Voting Class Name of Beneficial Owner Amount Beneficially Owned %of Class Class A Common Stock Brian L. Roberts 1500 Market Street Philadelphia, PA 19102 307,953 See Below Class B Common Stock Brian L. Roberts 1500 Market Street Philadelphia, PA 19102 9,444,375 100%* Exhibits FCC Form 394 June 2005 . ' OR: 3900 PG: 0799 16 A-13 Information Required under Section 2 of FCC Form 394 with Respect to 5 % Owners a) Name and Address Comcast Corporation Brian L. Roberts 1500 Market Street 1500 Market Street Philadelphia, P A 19102 Philadelphia, P A 19102 b) Citizenship N/A USA c) Relationship to the N/A Chairman Transferee/Assignee d) Number of Shares N/A 307,953 Class A Common 9,444,375 Class B Common* e) Number of Votes N/A 141,729,741 f) Percentage of Votes N/A 33 1/3 % * Includes 9,039,663 shares of Class B common stock owned by a limited liability company of which Mr. Brian L. Roberts is the managing member and 404,712 shares of Class B common stock owned by certain family trusts. The shares of Class B common stock beneficially owned by Mr. Brian L. Roberts represent 33 1/3 % of the combined voting power of the two classes of our voting common stock, which percentage is generally non,dilutable pursuant to the terms of our Restated Articles of Incorporation. Under our Restated Articles of Incorporation, each share of Class B common stock is convertible, at the shareholder's option, into one share of Class A common stock or Class A special common stock. Vote total is calculated based on Class A shares having 0.2082 votes per share as calculated on March 24, 2005, the record date for the Comcast Corporation Proxy Statement. MOC Holdco II, Inc.-Officers and Directors Officer Name Title James P. McCue President C. Stephen Backstrom Vice President C. Stephen Backstrom Treasurer C. Stephen Backstrom Assistant Secretary Rosemarie S. Teta Vice President Rosemarie S. Teta Assistant Treasurer Rosemarie S. Teta Assistant Secretary William E, Dordelman Vice President William E, Dordelman Assistant Treasurer William E. Dordelman Secretary Sandra W. Crowell Assistant Treasurer Sandra W. Crowell Assistant Secretary Director Name C. Steohen Backstrom Sandra W. Crowell William E, Dordelman James P. McCue Rosemarie S. Teta Exhibits FCC Fonn 394 June 2005 OR: 3900 PG: 0800 16A13 Comcast of Georgia, Inc.-Officers and Directors Officer Name Title Brian L. Roberts Chairman Steohen B. Burke President John R. Alchin Co,Chief Financial Officer John R. Alchin Executive Vice President John R. Alchin Treasurer Lawrence S. Smith Co-Chief Financial Officer Lawrence S. Smith Executive Vice President Gerard J. Lewis, Jr. Chief Privacy Officer Gerard J. Lewis, Jr. Vice President Gerard J. Lewis, Jr. Deputy General Counsel David M. Fellows Chief T echnoloqy Officer David M. Fellows Executive Vice President Steohen A. Burch President, Atlantic Division John Ridall President - Southern Division David L. Cohen Executive Vice President David L. Cohen Assistant Secretary Michael S. Tallent Executive Vice President - Administration and Finance Amv L. Banse Executive Vice President - Content Development Steven E. Silva Executive Vice President - New Business Development David N. Watson Executive Vice President - Operations Madison E. Bond Executive Vice President - Proqramminq Arthur R. Block Senior Vice President Arthur R, Block Assistant Treasurer Arthur R. Block Secretary D. Doualas Gaston Senior Vice President D. Douqlas Gaston General Counsel D. Douqlas Gaston Assistant Secretary Ernest A. Piohini Senior Vice President Ernest A. Piohini Controller Lawrence J. Salva Senior Vice President Robert S. Pick Senior Vice President - Corporate Development Richard W. Sander, Jr. Senior Vice President - Finance Catherine Avoiris Senior Vice President - Finance and Administration Telephony Sheila R. Willard Senior Vice President, Government Affairs Chari sse Lillie Senior Vice President - Human Resources Thomas R. Nathan Senior Vice President - Legal and Regulatory Affairs Thomas R. Nathan Deputy General Counsel Thomas R. Nathan Assistant Secretary Marvin O. Davis Senior Vice President, Marketinq Paul T. Chiamulera Senior Vice President - Marketino Rian J. Wren Senior Vice President - Ooerations Telephony Mark A. Coblitz Senior Vice President - Strateqic Planning Andrew Toooino Vice President Andrew Toooino Deoutv General Counsel ."-- - Georoe V. Stevenson III Vice President Exhibits FCC Form 394 June 2005 I'~" OR: 3900 PG: 0801 16 A 1 ~ Officer Name Title Georqe v. Stevenson III Controller Jeffrev E. Smith Vice President Jeffrev E. Smith Deputy General Counsel John G, Sullivan Vice President John G, Sullivan Assistant Secretary Lee W. Zieroth Vice President Lee W. Zieroth Deputy General Counsel Chuck Herndon Vice President, Ad Sales David Kelly Vice President, Ad Sales Edward H. Dunbar, Jr. Vice President, Ad Sales Jeff Stone Vice President - Ad Sales Michael L. Szcaechura Vice President - Ad Sales John J. Basler Vice President - Ad Sales Marketlink Pamela A. Baratta Vice President - Ad Sales Marketlink Ooerations David C. Carter Vice President - Ad Sales Operations Theresa H, Fletcher Vice President - Ad Sales Operations ROQer E. Griffin Vice President - Communications and Communitv Affairs COry Limberq Vice President - Customer Care Robert J. Calabro Vice President - Customer Service Edwin C, Smith Vice President, EnQineerinq Wayne Cramp Vice President, Enoineerino Dana C. Hoppes Vice President - Finance Janice M, Mobilia Vice President, Finance Kenneth Mikalauskas Vice President, Finance Kenneth Mikalauskas Assistant Treasurer Kevin T. Bethke Vice President - Finance William E. Dordelman Vice President - Finance William E. Dordelman Assistant Treasurer Joseph F. DiTrolio Vice President - Financial Ooerations Bret Perkins Vice President. Government Affairs Earle F. Jones Vice President - Government Affairs James J. Gordon Vice President - Government Affairs Lori Riordan Vice President - Government Affairs Cynthia Hultquist Vice President - Human Resources Michael Molinaro Vice President - Human Resources Suzanne Q. Hoffman Vice President - Human Resources Thomas Jefferson Vice President - Human Resources Chuck SarQent Vice President - Marketino James O. Horner, Jr. Vice President - Marketino Mark L. Watts Vice President - Marketino Suzanne McFadden Vice President, MarketinQ Scott Callowav Vice President, Online and Telephonv Bill Watson Vice President, Operations Bruce D. Abbott Vice President, Operations Carl W. Vance, Jr. Vice President - Operations "Curtis"Penafetbfi -'.... - ,...- - . --_.'~--,_.--.. --. -.._~ 'Vice'P're'Sidenr- OO'erationS"" ...~'..~. ......-. ,....'..- - ,-~ -- " --....-.--- -..- ...- _._- - Henrv R. Fore Vice President - Operations Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0802 16~A 13 (- Officer Name Title Lisa Dettweiler Vice President - Operations Susan L. Reinhold Vice President - Operations Tony K. Hollinaer Vice President - Operations William R. Hysell Vice President, Operations Zakee A. Rashid Vice President, Operations Michael V. Ortman Vice President, ProQramminQ Gerald C. O'Brien Vice President - Real Estate LivinQston L. Biddle Vice President - Real Estate Investments Ellen Lloyd Vice President - Sales and MarketinQ William Erickson Vice President, Sales and Marketina C. Stephen Backstrom Vice President - Taxation Gary L. Heimstead Vice President - Technical Operations Richard M. Trask, Jr. Vice President. Telecom TechnoloQY John C. Barrett Division Senior Vice President - Finance Donald S. Tyrie Division Vice President Donald S. Tyrie Division Controller Jonathan L. Ozor Division Vice President - Ad Sales Operations DouQlas Scott Allison Division Vice President, Advanced Services Telephony Valur Svansson Division Vice President, Customer Service Donna F. Gapen Division Vice President - Human Resources David W. SlabauQh Division Vice President - EngineerinQ Joan A. Jenkin Division Vice President - Government and Public Relations Glenn R. Wasser Division Vice President - Sales and MarketinQ Ann Montaomery Reaional Senior Vice President H. Doualas Sansom Reaional Senior Vice President Barbara A. Gehria Reaional Senior Vice President - Operations Deborah Picciolo Reaional Senior Vice President. Operations Filemon Lopez Regional Senior Vice President - Operations Jaye S. Gamble, III Reaional Senior Vice President - Operations Steven A. White Reaional Senior Vice President - Operations William Connors Reaional Senior Vice President - Operations Brett R. MenQe ReQional Vice President Barbara A. HaQen Reqional Vice President - Business Operations John Rosaschi Reqional Vice President - Business Services Ron Morin Reaional Vice President - Customer Service Thomas Caaney Reaional Vice President - Customer Service Glenn Madison Reaional Vice President - Enaineerina and Technical Operations Timothy GaQe ReQional Vice President, Franchisinq and Government Affairs Klay F. Fennell ReQional Vice President, Government and Community Affairs Anaela Gray Reqional Vice President - Human Resources Helen Miranda Smith Reaional Vice President - Human Resources Kimberly Conadon Reaional Vice President - Human Resources David Lucoff Reaional Vice President - Marketina Euaene P. Shatlock, Jr. Reaional Vice President - Marketina/Customer Service Doualas M. McMillan Reaional Vice President - Operations '''SteVe-n L Llvoskiri- - _. - ".' .- ~" - .~.., . ._, .-.- Reaiona1 Vice- President :'C)perations.' -..... - ., . --,",._.,-- -.........,-- ~+.<- Lauren Suzuki Reaional Vice President - Telephonv Business Operations I Exhibits FCC Form 394 June 2005 OR: 3900 pt: 0803 16A13 Officer Name Title Andrew p, Harris Reqional Vice President, Sales Craiq A. Snedeker Area Vice President Serena Dickerson Area Vice President. Ad Sales Michael A. Cleland Area Vice President - Business Services Brian A. Lynch Area Vice President, Operations Janine W. Morse Area Vice President - Operations Rod Daqenais Area Vice President - Operations Thomas P. Autry Area Vice President - Operations Virail J. Caudill Area Vice President - Operations Michael Wilson System Vice President - Government Affairs Alfred L. McCambry, Jr. System Vice President - Operations Bradley Anderson System Vice President - Operations Carroll Quinn System Vice President - Operations Ellen C. Rosson System Vice President - Operations Geoff Shook System Vice President - Operations Georqe K. Brooks III System Vice President - Ooerations Greaorv G. Caoranica System Vice President - Operations Henrv Pearl System Vice President - Ooerations Joan M. Kinslev System Vice President - Ooerations Kenneth D. Crooks System Vice President - Ooerations Kirk F. Dale System Vice President - Operations Lawrence Schweber System Vice President - Operations Lelia B. True System Vice President, Operations Michael C. Hewitt System Vice President, Ooerations Mike Daves Svstem Vice President - Ooerations Pedro R. Neorete System Vice President - Ooerations Richard A. Seamon System Vice President - Ooerations Ronnie Colvin System Vice President, Operations Tim Horn Svstem Vice President - Operations Troy L. Fitzhuah System Vice President - Operations Valerie L. Gillespie System Vice President - Ooerations Director Arthur R. Block Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0804 16A13 Comcast MO Group, Inc.-Officers and Directors Officer Name Title Brian L. Roberts Chairman Steohen B. Burke President John R. Alchin Co-Chief Financial Officer John R. Alchin Executive Vice President John R. Alchin Treasurer Lawrence S, Smith Co-Chief Financial Officer Lawrence S, Smith Executive Vice President Gerard J. Lewis, Jr. Chief Privacv Officer Gerard J. Lewis, Jr. Vice President Gerard J. Lewis, Jr. Deouty General Counsel David M. Fellows Chief Technoloav Officer David M. Fellows Executive Vice President David L. Cohen Executive Vice President David L. Cohen Assistant Secretary Michael S. Tallent Executive Vice President - Administration and Finance Amy L. Banse Executive Vice President - Content Develooment Steven E. Silva Executive Vice President - New Business Develooment David N. Watson Executive Vice President - Ooerations Madison E. Bond Executive Vice President - Proorammina Arthur R. Block Senior Vice President Arthur R. Block Assistant Treasurer Arthur R. Block Secretarv D. Doualas Gaston Senior Vice President D. Doualas Gaston General Counsel D. Doualas Gaston Assistant Secretary Ernest A, Piahini Senior Vice President Ernest A. Piqhini Controller Lawrence J. Salva Senior Vice President Robert S. Pick Senior Vice President - Corporate Develooment Catherine Avairis Senior Vice President - Finance and Administration Teleohony Sheila R. Willard Senior Vice President - Government Affairs Chari sse Lillie Senior Vice President, Human Resources Thomas R. Nathan Senior Vice President - Leaal and Reaulatorv Affairs Thomas R. Nathan Deouty General Counsel Thomas R. Nathan Assistant Secretary Marvin O. Davis Senior Vice President - Marketina Rian J. Wren Senior Vice President - Ooerations Teleohonv Mark A. Coblitz Senior Vice President - Strateaic Plan nino Andrew Toopinq Vice President Andrew Toppina Deouty General Counsel Jeffrev E. Smith Vice President Jeffrey E. Smith Deouty General Counsel John G. Sullivan Vice President .. John G.,Sl)lIivan Assistant Secretarv Lee W. Zieroth Vice President Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0805 1 6~ A 1 3 Officer Name Title Lee W, Zierolh Deputy General Counsel Kenneth Mikalauskas Vice President - Finance Kenneth Mikalauskas Assistant Treasurer William E. Dordelman Vice President, Finance William E. Dordelman Assistant Treasurer Joseph F, DiTrolio Vice President - Financial Operations Bret Perkins Vice President - Government Affairs Suzanne McFadden Vice President - MarketinCl Gerald C. O'Brien Vice President - Real Estate Livinaston L. Biddle Vice President, Real Estate Investments C. Steohen Backstrom Vice President, Taxation Directors Arthur R. Block David L. Cohen Lawrence S, Smith Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0806 - 16A 1 3 Comcast Cable Communications Holdings, Inc.-Officers and Directors Officer Name Title Brian L. Roberts Chairman Steohen B. Burke President John R. Alchin Co,Chief Financial Officer John R. Alchin Executive Vice President John R. Alchin Treasurer Lawrence S. Smith Co,Chief Financial Officer Lawrence S. Smith Executive Vice President Gerard J. Lewis, Jr. Chief Privacv Officer Gerard J. Lewis, Jr. Vice President Gerard J. Lewis, Jr. Deouty General Counsel David M. Fellows Chief Technoloov Officer David M. Fellows Executive Vice President Bradley P. Dusto President - West Division Steohen A. Burch President - Atlantic Division David A. Scott President - Midwest Division John Ridall President, Southern Division Michael A. Doyle President, Eastern Division Charles W. Thurston President, Ad Sales Jeffrev Shell President - Proarammina David A. Juliano President - Online David L. Cohen Executive Vice President David L. Cohen Assistant Secretary Michael S. Tallent Executive Vice President - Administration and Finance Amv L. Banse Executive Vice President - Content Deyelooment Steven E, Silva Executive Vice President - New Business Develooment David N. Watson Executive Vice President - Ooerations Madison E. Bond Executive Vice President - Proarammina Arthur R. Block Senior Vice President Arthur R. Block Assistant Treasurer Arthur R. Block Secretarv D. Douqlas Gaston Senior Vice President D. Doualas Gaston General Counsel D. Doualas Gaston Assistant Secretary Ernest A. Piahini Senior Vice President Ernest A. Piahini Controller Lawrence J. Salva Senior Vice President David H. Richardson Senior Vice President - Administration Henry M. Oster Senior Vice President - Ad Sales Martha Soehren Senior Vice President - Comcast University Robert S, Pick Senior Vice President - Comorate Deyelooment Suzanne L. Keenan Senior Vice President, Customer Service Suooort Mark E. Hess Senior Vice President - Diaital Technoloay John E. Donahue Senior Vice President - Enaineerina Ooerations Catherine Ayairis Senior Vice President - Finance and Administration Teleohonv Sheila R. Willard Senior Vice President - Government Affairs Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0807 16A13 Officer Name Title Charisse Lillie Senior Vice President, Human Resources John T. Deacon Senior Vice President, Information Technoloqv Paul Bosco Senior Vice President - IP Enqineerinq Ravmond E. Celona Senior Vice President, IP Services Thomas R. Nathan Senior Vice President, Legal and Regulatory Affairs Thomas R. Nathan Deputv General Counsel Thomas R. Nathan Assistant Secretary Marvin O. Davis Senior Vice President - Marketing Terry Yu Senior Vice President - Marketing Elizabeth Schimel Senior Vice President - Online Content Development Robert K. Fauqht Senior Vice President - Online Retail and Commmercial,Sales Rian J. Wren Senior Vice President - Operations Telephonv Alan Dannenbaum Senior Vice President - Proqramminq Catherine A. Kilstrom Senior Vice President, Shared Services Customer Care Mark A. Coblitz Senior Vice President - Strategic Planning Charlotte Field Senior Vice President - Technical Network Operations Andrew Toppinq Vice President Andrew Topping Deputv General Counsel Jeffrev E. Smith Vice President Jeffrev E. Smith Deputy General Counsel John G. Sullivan Vice President John G. Sullivan Assistant Secretary Lee W. Zieroth Vice President Lee W. Zieroth Deputy General Counsel Marc S, Sirota Vice President Marc S. Sirota Controller I Edward H, Dunbar, Jr. Vice President - Ad Sales John J. Drain Vice President - Ad Sales Finance Grace A. Meadows Vice President, Ad Sales Human Resources Steven H. Feingold Vice President - Ad Sales Major Markets Victoria B. Lins Vice President - Ad Sales Marketing and Communications John J. Tiernev, Jr, Vice President, Ad Sales National Warren W, Schlichting Vice President - Ad Sales New Business Development Jonathan B. Sims Vice President - Ad Sales Research Paul D. Woidke Vice President - Ad Sales T echnologv Michael J. Ross Vice President" Advanced Services Telephonv Patricia 8. Miller Vice President - Advertisinq and Brand Marketinq John Leddy Vice President - Backbone and Peerinq Ronald J, Hartz Vice President - Budaets and Financial Planning Renae K. Bough Vice President - Business Affairs Gary Rostick Vice President, Business Operations Telephonv John B. Coleman Vice President - Cable Affiliates Judv H. Spurqeon Vice President - Cable Affiliates James D. Buie Vice President - Business Operations Donald A. Clark Vice President - Business Sales Jonalhi'lIi"'R, GorchO"w . -~.. -... _. -~-..., .- --. , Vice l"resicfehFCN8 OriciTfial P'roqraiil1ninq arid'Creative"SerVices' Patricia M. Thorell Vice President - Cash Manaqement Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0808 16A13 Officer Name Title Mark J. Voboril Vice President, CRM&E Marketing Celestine S. Waters Vice President - Customer Sciences Timothy G. Mullarkey Vice President - Customer Service Mark A. Devlin Vice President, Customer Service Product Development Linda Shatzer Vice President, Development Proqram Management and Planning Charlie Kennamer Vice President - Diqital Enqineerinq Harry J. Reichert, J r. Vice President, Digital Television Leland W, Hall Vice President - Enqineering Richard C. Gasloli Vice President - Enqineerinq, Online and IP Services Kenneth Mikalauskas Vice President - Finance Kenneth Mikalauskas Assistant Treasurer William E. Dordelman Vice President - Finance William E, Dordelman Assistant Treasurer Joseph F. DiTrolio Vice President - Financial Operations T eri A. Scott Vice President, Franchise Policies, Initiatives and Implementation Bret Perkins Vice President, Government Affairs Melanie A. Penna Vice President - Human Resources Gracie L. Perry Vice President, Human Resources Compensation and Benefits Dina A, Galeotafiore Vice President, Human Resources Field Operations Edward Ward Vice President - Labor Relations John A, Brasell Vice President - Learnina and Development Suzanne McFadden Vice President - Marketina Thomas B. White Vice President - Marketing Telephony Michael O'Reirdan Vice President - Messaqinq Michelle R. Lee Vice President - NAS Richard J. Hertz Vice President - Network Cross Platform Services William Newman Vice President - Network Operations Christopher Coffey Vice President - Network Planning David S. Weber Vice President. Network Services Steven M. Heeb Vice President - New Business Development Thomas F. Naael Vice President, New Business Development Telephony Timothy J. O'Keefe Vice President, New Technology Debbie Brodsky Vice President - Online Affiliate Relations Mike Pascale Vice President - Online and IP Human Resources John A. Cerciello Vice President - Online Commercial Sales Charles Herrin Vice President - Online Business Development Sharon Desmond Vice President - Online Finance Gregory R. Butz Vice President - Online Marketing and Business Development Christopher E, Caffrey Vice President. Online Sales Thomas T. Tideman Vice President - Operations Page H. Thompson Vice President - Operations, VOD Mitchell J. Bowling Vice President - Online Operations and Technical Support Daniel M. Dolan Vice President - Pavroll Luisa F. Murcia Vice President - Product Development Jennifer L. Gaiski Vice President - Proaramminq Susan'K:-Ca'rdEm ",- ~. - . _. , . ".- -- - - - ....~_.'... ~ Vfce Presldeiit~. Pr<iqrammino CNS-' ~,,-,- - _ ~. _ ,.... ...- -.-. ~ '--., - ..-. -.. William J. Smart Vice President - Purchasina Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0809 16A13 Officer Name Title Gerald C. O'Brien Vice President - Real Estate Livinaston L. Biddle Vice President - Real Estate Investments Kenneth N. Flechler Vice President - Saietv and Compliance Marshall H. Strickland Vice President - Sales Operations Phillip A. McRae Vice President - Sales Operations Doualas G. Potts Vice President - Service Assurance William Solis Vice President - Service Deliverv Telephonv Charles Compton Vice President - Services Infrastructure Karen L. Gaines Vice President - Shared Services Customer Care Greaorv V. Pucci Vice President - Subscriber Information Svstems David A. EnQ Vice President - Svstems Infrastructure C. Stephen Backstrom Vice President - Taxation Surendra Saboo Vice President, Telephonv Product and Operations Cameron Gouah Vice President - Voice Enaineerina Sam Chernak Vice President - Voice Over IP Operations Directors Arthur R, Block David L. Cohen Lawrence S. Smith Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0810 16A13 Corncast Corporation-Officers The following is a listing of officers and directors as of May 31,2005. All of the officers and directors are citizens of the United States, except John R. Alchin. Mr. A1chin is a citizen of Australia. Officer Name Title Chairman of the Executive and Finance Committee of the Board of Ralph J. Roberts Directors Brian L. Roberts Chairman of the Board of Directors Brian L. Roberts President Brian L. Roberts Chief Executive Officer Stephen B. Burke Chief Operatina Officer Stephen B. Burke Executive Vice President John R. Alchin Co-Chief Financial Officer John R. Alchin Executive Vice President John R. Alchin Treasurer Lawrence S. Smith Co-Chief Financial Officer Lawrence S. Smith Executive Vice President Lawrence J. Salva Chief Accountinq Officer Lawrence J. Salva Senior Vice President Lawrence J. Salva Controller David L. Cohen Executive Vice President David L. Cohen Assistant Secretary Arthur R. Block Senior Vice President Arthur R. Block Assistant Treasurer Arthur R. Block General Counsel Arthur R. Block Secretary Amy L. Banse Senior Vice President - Content Development Robert S. Pick Senior Vice President - Corporate Development Mark A. Coblitz Senior Vice President - Strateqic Planninq Karen Douqherty Buchholz Vice President - Administration D'Arcy F. Rudnay Vice President - Corporate Communications Joseph W. Waz, Jr. Vice President - External Affairs Kenneth Mikalauskas Vice President - Finance Kenneth Mikalauskas Assistant Treasurer William E. Dordelman Vice President - Finance William E, Dordelman Assistant Treasurer Joseph F. DiTrolio Vice President - Financial Operations Leonard Gatti Vice President - Financial Reportinq Kerry Knott Vice President - Government Affairs Chari sse Lillie Vice President - Human Resources Kamal Dua Vice President - Internal Audit Kamal Dua General Auditor William J, Montemarano Vice President - Internal Audit Marlene S. Dooner Vice President - Investor Relations Payne D, Brown Vice President - Strateaic Initiatives C. Stephen Backstrom Vice President - Taxation Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0811 -16A13 Comcast Corporation-Directors Director Name S. Decker Anstrom C, Michael ArmstronQ Kenneth J. Bacon Sheldon M, Bonovitz Julian A, Brodsky Joseph L. Castle, II Joseph J, Collins J. Michael Cook Brian L. Roberts Ralph J, Roberts Dr, Judith Rodin Michael I. Sovern Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0812 16A13 Exhibit 4 Transferee, to the extent required by applicable law, is or will be as of the effective time of the closing duly qualified to transact business in the State or Commonwealth in which this system is operated. Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0813 16A13 Exhibit 5 Comcast Corporation is the indirect parent company of the Transferee and numerous other legal entities holding cable franchises. Comcast and its subsidiaries have been involved in thousands of proceedings with franchise authorities. In a very small number of instances-primarily during the consent process associated with Comcast's acquisition of AT&T Broadband Corporation ("AT&T Broadband"), which was completed in November 2002-Comcast or certain of its indirect subsidiaries have had an interest in or connection with an applicant which has been dismissed or denied by a franchising authority. To the extent that any denial remains pending, it is indicated below. Consents Alameda County, California (former AT&T Broadband franchise). The franchise authority denied consent due to purported AT&T Broadband compliance issues including customer service issues, a disputed franchise fee audit and failure of parties to agree upon language in change of control agreement regarding corporate guarantee. Both parties have agreed on terms of a settlement and a final agreement is under review. A wholly- owned subsidiary of Comcast continues to provide cable service to the community and remit franchise fees. Moreno Valley, California (former AT&T Broadbandfranchise). The franchise authority denied its consent to the transfer of control of AT&T Broadband's 25% passive (non-managing) limited partnership interest in Century- TCl California, L.P., from AT&T Broadband to Comcast. The franchisee continues to provide cable service to the community. Santa Cruz, California and Santa Cruz County, California (former AT&T Broadbandfranchises). The City and County of Santa Cruz initially had expressed concern that all of the conditions on its approval of the transfer of control of those franchises from AT&T Broadband to Comcast had not been satisfied. Comcast believes that certain of those conditions were unlawful, and that consent was deemed given upon expiration of the 120-day period for review. The authorities had filed a motion with the federal district court having jurisdiction of the franchises pursuant to a consent decree objecting to the transfer, but did not pursue that motion. A wholly-owned subsidiary of Comcast continues to provide cable service to the communities and to remit franchise fees. Fort Pierce, Florida (former AT&T Broadbandfranchise). Because its franchise had expired, the City denied AT&T Broadband's change of control request. Comcast is seeking to inch:lde language in the new franchise acknowledging the City's acceptance of the change of control. A wholly-owned subsidiary of Comcast continues to provide cable service to the community and remit franchise fees. (- Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0814 16A13 Alsip, Illinois (fonner AT&T Broadband franchise). The franchise authority denied consent to Comcast's acquisition of AT&T Broadband for reasons unrelated to Comcast or AT&T Broadband. A wholly-owned subsidiary of Comcast continues to provide cable service to the community and remit franchise fees. No actions or proceedings have been taken by the authority, nor are any pending. Johnsburg, Illinois, and Woodstock, Illinois (fonner AT&T Broadband franchises). Both franchise authorities denied consent due to allegations that AT&T Broadband had not completed upgrades. AT&T Broadband contended that the upgrades were not part of the franchise agreements. The systems have since been upgraded and no further action has been taken with respect to the denials. A wholly-owned subsidiary of Comcast continues to provide cable service to the communities and remit franchise fees. Mentor, Ohio (fonner AT&T Broadbandfranchise). The franchise authority denied consent due to alleged noncompliance by AT&T Broadband regarding public access and customer service obligations, as well as alleged financial consequences of the merger. Comcast continues to negotiate with the franchise authority. A wholly-owned subsidiary of Comcast continues to provide cable service to the community and remit franchise fees. Buckingham Township, Pennsylvania. The franchise authority denied consent to the transfer application due to a dispute regarding franchise fees on cable modem service. The Township filed suit in the Court of Common Pleas, Bucks County, on April 8,2003. The case is stilI pending. A wholly-owned subsidiary of Comcast continues to provide cable service to the community and remit franchise fees. Renewal Application Framingham, Massachusetts (Franchise Renewal Application). On March 12, 2004, the franchising authority issued a preliminary assessment of denial that the cable franchise should not be renewed, stating that it does not believe Franchisee's "renewal proposal is reasonable to meet the future cable-related needs and interests, taking into account the cost of meeting such needs and interests." The parties followed the administrative proceeding process. On AprilS, 2005, the franchising authority issued a final denial of Franchisee's formal renewal proposal, finding that it was not "reasonable to meet the future cable-related community needs and interests... taking into account the cost of meeting such needs and interests." An appeal of the franchising authority's final denial decision has been filed with the Massachusetts DTE. The parties are currently awaiting an order from the DTE on this matter. Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0815 16A13 Exhibit 6 No adverse findings have been made and no final actions have been taken with respect to Transferee related to any of the items listed in Question 5. As a courtesy, we provide the following information regarding adverse final actions against Comcast or its wholly-owned indirect subsidiaries, induding adverse final actions reported by Comcast in its Comcast-AT&T Broadband 394 application. Rosemary Santos v. TCl Cablevision, Case #150982016, EEOC of Florida. Plaintiff, a former employee in the Plantation Call Center in Florida, filed a charge against TCl Cablevision on April 14, 1998, alleging discrimination under the ADA. The EEOC determined on July 21, 1998, that TCl Cablevision violated the statute. Barbara Edwards v. Comcast, EEOC No. 17CA200145; Delaware. Complainant alleged gender and age discrimination relating to her discharge. The Equal Employment Opportunity Commission ("EEOC") found that there was probable cause to believe that a violation of the statutes had occurred. The determination issued was issued on June 30, 2004. The matter was settled post-determination. Angela Wilson v. Comcast, EEOC No. 17CA200141; Delaware. Complainant alleged gender and race discrimination. The EEOC found that there was probable cause to believe that a violation of the statutes had occurred. The determination issued was issued on June 30,2004. The matter was settled post-determination. (- Ernestine Parker v. Comcast, EEOC No., 17CA30001O; DDOL 0210650; Delaware. Complainant alleged disability discrimination. Complainant alleged that she was forced to resign or face discipline or discharge. The Delaware Department of Labor found that there was reasonable cause to believe that a violation of the state discrimination act occurred. The determination was issued May 30, 2003. The matter is ongomg. Clifford Lechtur v. AT&T Broadband, MCAD No. 02 BEM 03468; EEOC No. 16CA300119; Massachusetts. Complainant alleged disability discrimination and retaliation in his termination. The Massachusetts Commission Against Discrimination ("MCAD") found that probable cause exists to credit the allegations of the complaint filed by Complainant. The determination was issued in October, 2004. The Complainant is pursuing administrative remedy through MCAD. The matter is ongoing. Larry Skerski v. AT&T Broadband, PHRC Docket No.E-96763-EH, Case No. 200011916; EEOC No. 17FA10014; Pennsylvania. Complainant alleged disability and age discrimination and retaliation for filing of a previous charge, in failure to hire him for position of Advanced Installer. The Pennsylvania Human Relations Commission ("PHRC") found that probable cause existed to credit the allegations of the Complainant. The determination was issued on June 28, 2003. The matter was resolved through mediation. Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0816 16A13 Roy A. Voliton v. AT&T Broadband, EEOC No. 320A200605; Colorado. Complainant alleged racial discrimination in his termination. EEOC was unable to conclude that there was a violation of statutes in Complainant's treatment and discharge; however, EEOC did find that there was probable cause to find that the Company's Misconduct Policy was in violation of Title VII. The determination was issued on July 14,2003. Matter was resolved through mediation. Albert Buonanno v. AT&T Broadband, LLC; 02-MK-778; U.S. District Court, D. Colorado. Plaintiff filed suit April 2002. Plaintiff alleged religious discrimination in his termination. Court issued judgment April 2, 2004. Court found that Company did not engage in direct religious discrimination against Complainant but that it was not an undue hardship for employer to accommodate employee's religious beliefs. Court awarded compensatory damages and damages for emotional distress. No punitive damages were awarded. Case was settled prior to a final decision on appeal. Frank Elcock v. Comcast, DDOL No. 08031295; EEOC No. 17CA300634; Delaware. Complainant alleged racial discrimination and retaliation in his termination. The Delaware Department of Labor issued a finding of reasonable cause on December 13,2004. Conciliation unsuccessfully concluded on January 7, 2005. Respondent requested review of findings on February 17, 2005. Review is ongoing. The EEOC terminated its processing of the charge and issued a right to sue letter on April 5, 2005. Comcast of Maryland, Inc. and Teamsters Local Union 639. Jonnie Harrison, Ronnie Lee Myers. Mark Anthony Edmonds, Andrew Henry Williams. II; Case Nos. 5- CA-31652, 5-CA-31791, 5-CA-31905, 5-CA-31906, 5-CA-31909 (consolidated); Maryland. Complainants alleged various violations of the National Labor Relations Act ("NLRA") section 8(a)(1). Case was heard before a National Labor Relations Board ("NLRB") Administrative Law Judge. The Court found that the termination of Jonnie Harrison and another employee, Sharon Brown, violated the NLRA and that there were violations of section 8( a)( 1) of the NLRA. The Court did not find that the termination of Andrew Williams and Mark Edmonds violated the NLRA or that the failure to promote Ronnie Lee Myers was a violation of the NLRA. Respondent is appealing a portion of this decision. ( --. Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0817 -16A13 Exhibit 7 Included on the CD-ROM in the folder marked "Corncast Financial Information" are copies of the Comcast Corporation Annual Report on Form 10- K for the year ending December 31,2004, the Comcast Corporation Quarterly Report on Form lO-Q for the quarter ending March 31, 2005, and the Corncast Corporation Report of Unscheduled Material Events or Corporate Changes on Form 8,K, filed April 26, 2005. _ _. .~._".. .__.. ~_.~__ ~. __~,. _u.~__.. _.. ... "_ .____.., __"'_~__' ,_ _ *"'__"_~_ ....~.. ~ . ..~ ___ _~""__'~""'_"'_ _ _..___ _ "" & _.,.._....~ ~~.',.._...__ ._. __ ______ _. ... __.___~.... _....._.._._ ..__, __~ Exhibits FCC Form 394 June 2005 OR: 3900 PG: 0818 16A13 Exhibit 8 Comcast Corporation began offering cable service in 1963 in Tupelo, Mississippi, with just over 1,000 cable customers. Under the leadership of the Roberts family, 1 Comcast has since experienced extraordinary growth in the scale and scope of its businesses. The company has developed and deployed a range of new technologies and programming services as part of its ongoing efforts to improve the services it offers to its customers. As a result, Comcast has established an industry standard-setting reputation for technology leadership, strong financial performance, and operational efficiency. This has made Comcast a top-tier provider of cable television service, high-speed Internet service, video programming, and other services to millions of customers. Comcast's consolidated revenues for the year ending December 31, 2004, were $20.307 billion. Cable Systems. Comcast offers its customers a full array of traditional video products, including local broadcast stations; national, regional and local cable programming channels; premium movie channels; and pay-per-view services. As of March 31, 2005, Comcast's wholly-owned cable systems served over 21.5 million customers in 35 states and the District of Columbia, and passed 41 million homes. As of March 31, 2005, Comcast provided digital cable service to over 8.8 million subscribers. Digital cable offers more than 250 channels including dozens of commercial-free premium movie channels including multiple channels of HBO, Showtime, The Movie Channel, Cinemax, Starz! and Encore; dozens of music channels - from jazz to country to classical to rock - commercial-free, 24-hours a day; as well as pay-per-view channels. In addition, customers receive an interactive, on-screen program guide and remote that lets viewers choose movies and shows by time, category or channel, and a parental control feature to help manage what their children are watching. High definition television (HDTV) service is widely available, as is Comcast ON DEMAND, which offers digital cable customers the opportunity to choose from hundreds of video titles, start their selections at whatever time is convenient for them, and pause, rewind, or fast forward the programs, using their current Digital Cable set-top boxes and remote controls. Comcast has rolled out its Digital Video Record (DVR) service in every Comcast market. Internet. As of March 31, 2005, high-speed Internet service was available to over 40 million homes, or 98% ofthe homes in Comcast's footprint. As of March 31, 2005, Comcast had more than 7.4 million high-speed Internet subscribers. Telephony. As of March 31, 2005, Comcast had 1.2 million telephone customers. Comcast expects Comcast Digital Voice service, which uses IP technology, to be available to approximately 15 million homes by the end of 2005. During the first quarter of 2005, Comcast added more than 7,000 Comcast Digital Voice customers. I Brian L. Roberts is the Chairman, President and Chief Executive Officer of Corneas!. Exhibits FCC Form 394 June 2005 16 A-13 Community-Centric. Although it is the nation's largest cable operator, Comcast remains committed to the local communities and regions it serves. Comcast operates its systems from local and regional offices, and endeavors to be involved in various local community activities. Local field engineers and technicians participate in the planning, construction, operation and maintenance of local systems. Comcast also maintains regional and corporate technical and engineering support for each of its local operations. , , , c ::x c.... l..! C C """t G C 0: l- ou: \. Exhibits FCC Form 394 June 2005 16A 14 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS (the "Agreement") is entered into this day of September, 2005 (the "Effective Date"), between Waterways Joint Venture IV (hereinafter the "Developer"), The Board of County Commissioners of Collier County, Florida, (hereinafter the "Board") and Wachovia Bank, National Association (hereinafter the "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat (the "Plat") of a subdivision to be known as Summit Place in Naples Phase III I the "Subdivision"). B. The Subdivision will include certain improvements (collectively, the "Required I mprovements") which are required by the ordinances of Collier County, Florida (the "County"), as such Required Improvements are set forth in a site construction cost estimate (the "Estimate") prepared by R W A I nc. (the "Developer's Engineer"), a copy of which is attached hereto and incorporated herein as Exhibit "A", F or purposes ofthis Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code (the "Development Code") requires the Developerto provide appropriate guarantees tor the construction and maintenance of the Required Improvements. D. The Lender has entered into a acquisition, development and construction loan with the Developer dated June 19,2003 (the "Loan") under Loan Number 01-94-5094821- I; Obligation Number 83, which Loan will be utilized by the Developer, among other things, to fund the cost of the Required Improvements. E. The Developer and the Board have acknowledged that the amount the Developer is required to guarantee pursuant to this Agreement is $ I 49,627.29 (the "Reserved Amount"), and that the Reserved \mOLlnt represents 110% of the Estimate for the construction costs for the Required Improvements, NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter :ict forth, the Developer, the Board and the Lender do hereby covenant and agree as follows: 1. The Developer will cause the Required Improvements to be constructed pursuant to :ipecitications that have been approved by the County Director of Development Services (the "Director") \\ithin three (3) months from the date of approval of the Plat (the "Projected Required Improvements Cumpletion Date"). 2. The Developer hereby authorizes the Lender to fund the Reserved Amount from the Loan nul's uant to the terms of this Agreement. 3. The Lender agrees that the Reserved Amount shall be disbursed by Lender pursuant to the :crms of this Agreement. The Lender acknowledges that the execution of this Agreement by Lender shall not be deemed as a current request by the Developer for a disbursement of the Reserved Funds under the Loan. , '.IYOOCS,.1(,.12\OOI\03TConstmcl1on, Maintenance and Escrow Agreement_OI wpd 12 0(> ().1,'.'rJ090S05 15'3715:37,.19 41 ila. ,). \+ e.l.... ~ '. {........... .~,,~ '~,.. ::- ~ ~L' 16 A-14 "~ Such disbursements (each, a "Reserved Funds Disbursement") will occur if, as and when the Developer requests such a disbursement of portions of the Reserved Funds pursuant hereto or otherwise under the Loan. 4. A Reserved Funds Disbursement shall be released by the Lender to the Developer only upon written approval of the Director (each, a Reserved Funds Disbursement Approval"), who shall provide a Reserved Funds Disbursement Approval not more than once a month for portions of the Required Improvements completed to the date of the request therefor (in each case, the "Completed Required Improvements"), provided that the amount submitted for approval shall be equal to ninety percent (90%) of the cost to be paid by the Developer for the Completed Required Improvements (the "Completed Required Improvements Payment Amount"). Upon completion of the construction of all of the Required Improvements, the Director shall approve the release of any remaining Reserved Funds, except to the extent of$ 14,962.72 (the "Requirement Improvements Retention Amount") which shall be available to the County in the event that the Developer fails to maintain the Required Improvements for a minimum period of one (1) year as required by paragraph 11 of this Agreement. 5. In the event that Developer shall fail to comply with the requirements of this Agreement the Lender agrees to pay to the County the balance of the Reserved Funds existing as of the date of a demand by the County therefore (the "County Payment Amount"), provided that as a condition of the obligation of the Lender to pay the County Payment Amount to the County, the County will have delivered to the Lender a statement signed by the Director to the effect that: (a) the Developer has, for more than sixty (60) days after the date that written notification of such failure was provided by the County to the Developer, failed to comply with the requirements of this Agreement; (b) the County, or its authorized agent, will complete the Required Improvements or will complete such portion of the Required Improvements to the extent of the County Payment Amount as the County, in its sole discretion, shall deem necessary in the publk interest; (c) the County Payment Amount shall be used by the County only for (i) construction of the Required Improvements; (ii) engineering, legal and contingent costs and expenses associated with the construction of the Required Improvements; and (iii) to offset any damages, either direct or consequential, which the County sustained on account of the failure of the Developer to completed construction of the Required Improvements; and (d) the County will promptly repay to the Lender any portion of the County Payment Amount not expended by the County in accordance with paragraph 5.(c). 6. Receipt by the Lender of a Reserved Funds Disbursement Approval specifying the Completed Required Improvements Payment Amount shall constitute authorization by the County to the Lender to release the Completed Required Improvements Payment Amount from the Reserved Funds. Payment by the Lender to the Developer of the Completed Required Improvements Payment Amount pursuant to a Reserved Funds Disbursement Approval shall constitute a release by the County and the Developer of the Lender for that portion of the Reserved Funds disbursed in accordance with a Reserved Funds Disbursement Approval. 7. The Required Improvements shall not be considered complete until a statement of substantial completion prepared by the Developer's Engineer (a "Substantial Completion Statement"), along with the final project records, have been furnished to the County and have been reviewed and CiPproved by the Director for compliance with the County subdivision regulations. S:\MYDOCS\3642\001 \03 7\Construction. Maintenance and Escrow Agreement_OI,wpd cdl2/06i0411rd090805 1537 15:37:49 -2- j)\\ 16A~14 It'! 8. The Director shall, within sixty (60) days of receipt of the Substantial Completion Statement, either: fi) notify the Developer in writing of the preliminary approval of the Required Improvements (the "Preliminary Approval"); or Oi) notify the Developer in writing of the refusal to approve the Required I mprovements, therewith specifying those conditions which the Developer must fulfill in order to obtain the approval of the Director. In no event shall the Director refuse to provide the Preliminary Approval jfsuch Required Improvements are, in fact, constructed and submitted for approval in substantial compliance with the requirements of this Agreement. 9. Should the Reserved Funds be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to those legal remedies solely against the Developer as may be available to the Board. 10. Nothing in this Agreement shall make the Lender liable for any amount other than the Reserved Amount; provided that the Lender has not released any portion thereof to the Developer or to any other person except in confonnity with the terms of this Agreement. II. The Developer shall maintain the Required I mprovements for a period of one (1) year after the date of issuance by the Director of the Preliminary Approval (the "Maintenance Period"), provided that the Maintenance Period shall continue until the Board accepts maintenance responsibility for and by the County. which acceptance shall not be unreasonably withheld or delayed. After the expiration of the Maintenance Period, then upon submission of a written request for inspection, the Director shall timely cause the Required Improvements to be inspected and, upon such inspection, if the Required Improvements are found to be in compliance with the requirements of Development Code in effect at the time of the final approval of the Plat by the Board, the responsibility of the Lender to the Board under this Agreement shall terminate. 12. All of the terms, covenants and conditions herein contained are and shall be binding upon the County, the Developer and the Lender and the respective successors and assigns of the County, the Developer and the Lender. (Signatures appear next page) < \ ,YDOCS 36-1200 t '.03 7'.ConstmctiOIl. t>,'laintenance and Escrow Agreement _0 I, wpd ,[ i ~ n(, U-1,rd090805 153715:37:-19 ! I -3- 16 ^-l 4 IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement to be executed by their duly authorized representatives on and as of the Effective Date. Waterways Joint Venture IV, a Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership, a general partner WITNESSES: By: Waterways Development, Inc., a Florida corporation, the General Partner '" -'. ,. ---"\, / ' . '- h CL/i./;'()! ;' C'l ( {f rift 11 ; ~ Print Name: ShClnt10n (';\'!ntld;n/ .! , , ," J i, c:.J.ci~_ ~.,.;, .,~~r By: /l )?Lr ~/ I Richard Davenport, President Print Name: ',jl 'i \',r ( \~ . \ " i \, ! ~ i\ \. r /?IJ /~vn.-~ Print Name: H,4~ v J: AlA/hAJ12- , I I/l /2, IJ Wachovia Bank, National Association Print Name: ~Ul .1. W d--<.-Sb rJ By: ..7L CY;J7Cv J ~5G"/JH 1rI1/6 '-I, 5 ElI/ltJR U,o; ?t?ES/f)E1/T (Signatures continue next page) S:\MYDOCS'J642\OOIl037\Construction, Mallltenance and Escrow Agreement_Ol.wpd cd: 12:061041/rd090705 13:34: 13:34: 12 -4- ':,:,ocs ,,6~2'001 '0.,7 ,Construction. Maintenance and Escrow Agreement_OI.wpd "i'~ r:J090-'05 IYi~13:,,~:12 -5- lbA~l 'It. The Board of County Commissioners of Collier County, Florida '~. r. ~-j.,"t ~" / ~-. o<~~r :--"lr:" By: ' .,.,'-\~,_.',.l~,~...., ". ' ," ~: _.:;,;.J : __ .'L". :.'......,j\.{l't,'~. "{. ,_ . \\ " u k./' (CA.I:::. , Ch~~ C: .~.:! .. "'1. f. r~} ~ Attest:~'~.~)~ ".'i: ~,rh"',lI'l(~.'. . " "'U".' Clerk Attest I' to 0.4 fl"lllft: I 110naturt on 1 if Approved as to fonn and legal sufficiency. \' (_' r\-=:::., B \. \ \ t '\" _. ?": ~; \.,.'-_/ ~""f'::>., \.. L-:" 'JCJJIV\ r2(2.L\. ~,-~Et.h,~ flu '" I .,-....h._,_1 , , Ceunty Attorney 16A~ 1 4 - Exhibit "A" The Estimate S:IMYDOCS\3642\OOIl037\Construction, Maintenance and Escrow Agreement_OI,wpd cd: 12/06/04/lrd090705 13:34: 13:34: 12 -6- D'XZI\C'( Pl,""HII~ . ....b..,,,li.tal'"'' ( () '-. ~ t l J l i'. ( . Chd EIl~ill~rii1t! ~ '-, , .L .... Sus""yin~ ~ M"N'1I1~ Summit Place Phase III OPINION OF PROBABLE COST SUMMARY SA:\ITARY SEWER S33,348.00 POTABLE WATER S3,150,OO STOR.\! DR.'\/:<iAGE S9,842,48 PA \I:\G S10.56874 EARTH WORK S79,11560 L\:\DSC\PE & IRRIGATION S53.434,OO TOTAL $136,024.81 ('ont1l1gency ( 110% of Total) S149.627,29 Re\]"~d 6-20-05 smo " ':CO 1\0 1-0150 19 Summit Place Phase 11/10004 Civil Engineering DesignlSummit Phase III OPC 07'l4-05.xls ..r..',,, Phase III OPC 07-14..Q5.xls " . II " ,~~ 2!" r--3ge lof6 16A_14 8/3/2005 1042 AM D,X~^rNc. Plalulin~ Visualj/~llion C () N S II (, _ TIN G Civil Engllleef"ing ~ ~, , ..L A Surveyin,g & Mapping OPINION OF PROBABLE COST Project: Summit Place Phase III 01-0150.19 Estimated By: Scott Shedek/MJ/SMO Checked By: Jamey Anderson SANITARY SEWER 16A__l ~J N:\2001\01-0150.19 Summit Place Phase 111\0004 Civil Engineering Design\Summit Phase III OPC 07-14-05.xls Summit Phase III OPC 07-14-05.xls Sanitary Sewer DESCRIPTION 6" PYC Sanitary Sewer Lateral LF 121 6" Double Clean-out EA 6" Single Clean-out EA 4' Diameter Manhole (0'-6' Depth) EA 4' Diameter Manhole (10'-12' Depth) EA 8" PYC Sanitary Sewer Main (0'-6' Depth) LF 170 8" PYC Sanitary Sewer Main (6'-8' Depth) LF 228 8" PYC Sanitary Sewer Main (10'-12' Depth) LF 38 Core Bore Existing Manhole EA Sanitary Sewer Sub-Total 20f6 7 $13.00 $1,573.00 $260.00 $1,820.00 $150.00 $450.00 $3,300.00 $3,300.00 $5,900.00 $5,900.00 $30.00 $5, I 00.00 $50.00 $11,400.00 $90.00 $3,420.00 $385.00 $385.00 $33,348.00 3 ri, 8/3/2005 10:42 AM] 16 A_ 1 ~ 4 D'XZI\I"'c. Plunninc Visualization ( . 0 N SUI,' r J :". G Civil EngilllXring .A. '-, , ~ A. Surveying & Mapping OPINION OF PROBABLE COST Project: Summit Place Phase III 01-0150.19 Estimated By: Scott ShedekIMJ/SMO Checked By: Jamey Anderson POTABLE WATER DESCRIPTION UNIT COST TOTAL Water Meter Box EA 6 $275.00 $1,650.00 Double Water Meter Box EA 4 $375.00 $1,500.00 Potable Water Sub-Total $3,150.00 N\2001\01-0150.19 Summit Place Phase 111\0004 Civil Engineering Design\Summit Phase III OPC 07-14-05.xls Summit Phase III OPC 07-14-05.xls 8/3/2005 Potable Water 30f6 \" \ 10:42 AM i ' D\X~I\INC. Planning Visualization CON SUI _ . r I N G Civil Engineering ~ ~, , .L .A.. SUf\'t"ying & Mapping OPINION OF PROBABLE COST Project: Summit Place Phase III 01-0150.19 Estimated By: Scott ShedekIMJ/SMO Checked By: Jamey Anderson STORM DRAINAGE I DESCRIPTION I UNIT /QUANTITYI 30" RCP LF 161 30" Flared End EA Storm Drainage Sub-Total 16 A 1 ~4 UNIT COST $53.68 51,200.00 I TOTAL $8,642.48 $1,200.00 $9,842.48 N:\2001\01-0150.19 Summit Place Phase 111\0004 Civil Engineering Design\Summit Phase III OPC 07-14-05.xls Summit Phase III OPC 07-14-05.xls 8/3/2005 Storm Drainage 4 of 6 jl- \( 10:42 AM 16A 14 D'X~/\INC. Planning Visualization CON S U L' f' I N G Civil Engineering .a.. '-., , .L ... Surveying & Mapping OPINION OF PROBABLE COST Project: Summit Place Phase III 01-0150.19 Estimated By: Scott Shedek/MJ/SMO Checked By: Jamey Anderson PAVING & GRADING DESCRIPTION 2' Valley Gutter LF 553 UNIT TOTAL COST $5.23 $2,889.43 $10.27 $5,679.31 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $10,568.74 5' Concrete Sidewalk LF 553 Removal of sidewalk LS Removal of 2' valley gutter LS Paving Sub-Total N:\2001\01-0150.19 Summit Place Phase 1/1\0004 Civil Engineering Design\Summit Phase 1/1 ope 07-14-05.xls Summit Phase III oPC 07-14-05.xls ( 8/3/2005 Paving 5 of 6 ) " jl \ 10:42 AM 16A. 1 4 i(l,. D'XlI\JNC. Planning Visualization CON S U L TIN G Civil Engineering ~ ~, , ~ .a.. Surveying & Mapping OPINION OF PROBABLE COST Project: Summit Place Phase III 01-0150.19 Estimated By: Scott Shedek/MJ/SMO Checked By: Jamey Anderson EARTH WORK DESCRIPTION I' Sod along back of curb SF 456 UNIT TOTAL COST $8.53 $76,810.25 $1.27 $2,220.08 $0.19 $85.27 $79,115.60 Place & Compact Fill (Import material, In-place measure) CY 9,010 Silt Fence (around Clearing) LF 1,755 Earthwork Sub-Total N:\2001\01-0150.19 Summit Place Phase 111\0004 Civil Engineering Design\Summit Phase III OPC 07-14-05.xls Summit Phase III OPC 07-14-05.xls 8/3/2005 Earthwork 60f6 )l'\.\ 10,., AM MEMORANDUM Date: September 28, 2005 To: Margaret Ramos Adopt - A-Road Coordinator From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: (3) Adopt-A-Road Agreements: Copeland Civic Association Jose Marti Educational Foundation Quail Communities Realty Enclosed please find one (1) copy of each document as referenced above (Agenda Item #16Bl), as approved by the Board of County Commissioners on September 27, 2005. If you should have any questions, please call me at 774-8411. Thank you. Enclosure 1681 --..,...--< 1681 EXECUTIVE SUMMARY Recommendation to approve the three (3) Adopt-A-Road Program Agreements with (2) new roadway recognition signs at a total cost of $150.00. The other signs already exist. OBJECTIVE: To approve for execution by the Board of County Commissioners, three (3) Adopt-A-Road Agreements signed by the participating volunteer groups. CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsor of the particular segment of roadway named in the Agreement to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: The County is responsible for acquiring and erecting recognition signage at either end of the roadway segment. The cost of each sign is $75.00. Staff expects to install (2) new signs at a total cost of $150.00. Remaining signage will come from existing inventory. Program expenses are budgeted in the Transportation Services Fund 101. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups: Copeland Civic Association, Jose Marti Educational Foundation and Quail Communities Realty, and approve the 3 Adopt-A-Road Agreements. Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance Department Attachments: Agreements (3) _._-_..-----."'"......."'--..__.._-~.,._.~._...-,_._... -.. -~--'-_.,~._._.,._,------,-.,.~~""~<~~." .-,---- 1681 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this I~day of Clu... ~ ~J- , 20(0 ~y and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Copeland Civic Association (hereinafter the "GROUP"), whose address is P.O. Box 95, Everglades City, Florida 34139 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as CR 837 West from Hwy 29 to Janes Scenic Drive (end of pavement) (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a ......".."-...........----,-...- 1681 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. II. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 1681 B. THE COUNTY SHALL: I. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 1681 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: 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 matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. c BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 7u.L W (~~~ Fred W. CoYle~ ch;inut--.... ATTEST: . . c DWIGl:!T E:BR.OCK~eler~ ~, , ' "b~p~'CI~rk Atte$~ A"S, to C~I;.i'filan 5 11gHtIrt. o.lf.\' GROUP: COPELAND CIVIC ASSOCIATION By: Y: Name(print): e.." Title (print): \- Phone # (day): f;J:?9 "9<)~ :1'1'10 Phone # (night): 139 $')>-.OC'i.19 Item # l Co B \ 4 " 1681 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions .-d- / THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this...? 1 day ~r>'..L'6'-" 20<'V:;y and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Jose Marti Educational Foundation (hereinafter the "GROUP"), whose address is 1510 9th St. SW, Naples, Florida 34117 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Santa Barbara Blvd. from Golden Gate Parkway to Green Blvd. (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a -T' 1681 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 ,-'" 1681 B. THE COUNTY SHALL: I. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 16B1 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: 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 matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ., t-. , ' ArrEST: .--- " ~ DWlGHl:'E' BROCK; ,Clerk B~~~rJse~~~J)C 11gN~~_lj. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: F~Yl~~~ By: Name(print): . I. ' . .... 'i~r-e (,.,'75 \ Title (print): / re.~i~ Phone # (daY):~-1a_' , - 87'-07 Phone # (night): ..6 t't ~/n e legal sufficiency: B 4 1681 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions vl THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into thiso? 7 day o~~/~ 200~y and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Quail Communities Realty (hereinafter the "GROUP"), whose address is 4500 Executive Drive, Suite 230, Naples, Florida 34119 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Valewood Drive from Immokalee Road to Quail Creek Entrance (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 1681 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 1681 B. THE COUNTY SHALL: I. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: 1bis is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 1681 . E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: 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 matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. A TTES;J':i f~ c. DWlt:}HT E: BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~O~~C~ ; I ;. ~ , UAIL COMMUNITIES REALTY ~ ame(print): ~~t~~ S~U2o Title (print): - ~ . / k~ , Phone # (day): C; ~ ,.~ 1 if 2- Phone # (night): S-c, ) ~J,'f 7 'i By: legal sufficiency: Item# ~ Agenda 0 -a..l-OS Date l 4 Date q -d1-tf) Rec'U ~ ~1lo1!D I . v uty Clerk MEMORANDUM Date: September 28, 2005 To: Lisa Hendrickson Transportation From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: State of Florida Agreement Enclosed please find one (1) certified document, as referenced above (Agenda Item #16B3) approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you have any questions, please call me at 774-8411. Thank you. Enclosure 16 B 3' I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 8 3 ' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hmld delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. --.-------..---- ~----~~--,>.."~ ..-.....,........-'-.---- - 2. " ,n. "-,,_._-,._---_.~,_.._-----_.- --^--- " -- ..----.- ----~.__._,._-_..._-_..~'-_. "...,...-~~.._.__. _.. ,.. -' --' 3. ..> 4. -, .1-.-.--.-.-..........,..-- ~-,_..._-~-..P 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information, All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number c213'-5Z8' ~ 83 JL:- I Yes (In itial) N/A (Not A licable) Agenda Item Number ~+~ Number of Original Documents Attached )1t ;t* --~ ~ I: Forms/ County Forms/ Bee Formsl Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2.24,05 I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sionature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4, 5. 6. EXECUTIVE SUMMARY ~~~) . Recommendation to approve, sign and execute an agreement with the State of l!o 6 3 Florida to participate in the Unified Certification Program (UCP). OBJECTIVE: To acquire Board approval to execute the UCP agreement between Collier County and the State of Florida Department of Transportation per Federal Transit Administration Regulation 49 CFR Part 26. CONSIDERATION: As a Federal Transit Administration grant reCIpIent, Collier County must implement a Disadvantaged Business Enterprise (DBE) program to be in compliance with FT A regulations. FT A regulation 49 CFR 26, Subpart E - Certification Procedures Section 26.81 requires that all United States Department of Transportation (USDOT) recipients participate in a statewide Unified Certification Program (UCP). The Unified Certification Program agreement between Collier County and the Florida Department of Transportation is required in order to receive Federal Transit Administration grant funds for the transit system. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMP ACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the execution of the Unified Certification Program agreement between Collier County and the State of Florida. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: Unified Certification Program Agreement -1-' State of Florida USDOT Recipients Unified Certification Program Pursuant to 49 CFR Part 26 Approved: Secretary, U.S. Department of Transportation By, This Day of Date Prepared: Januarv 16.2004 2004 1683 TABLE OF CONTENTS 16 B~ RECITALS ARTICLE 1- VISION ARTICLE 2- DEFINITIONS Section 2.01 Certifying Members Section 2.02 Disadvantaged Business Enterprise ("DBE") Section 2.03 Non-Certifying Members Section 2.04 Personal Net Worth Section 2.05 Recipient Section 2.06 Small Business Concern Section 2.07 Socially and Economically Disadvantaged Individuals Section 2.08 Executive Committee Section 2.09 Sub-Recipient Section 2.10 UCP Members ARTICLE 3- ORGANIZATION OF THE UCP Section 3.01 Members of the UCP- Recipients Section 3.02 Responsible Certifying Member Section 3.03 DBE Directory Management Section 3.04 Transition of Currently Certified DBE's Section 3.05 Executive Committee Duties ARTICLE 4- RIGHTS AND RESPONSIBILITIES OF UCP MEMBERS Section 4.01 Types ofUCP Members Section 4.02 Certifying Member Rights and Responsibilities Section 4.03 Non-Certifying Member Rights and Responsibilities 11 1 --- ARTICLE 5- RIGHTS AND RESPONSIBILITIES OF THE UCP 1683 Section 5.01 Certification Decisions Section 5.02 "One-Stop Shopping" Section 5.03 Processing Out-of-State Applications Section 5.04 Reciprocity with Other UCPs Section 5.05 UCP Information Program Section 5.06 Meetings for Continued UCP Monitoring ARTICLE 6- CERTIFICATION PROCEDURES Section 6.01 Certification Application Section 6.02 Certification Process Section 6.03 Certification Site Visit ARTICLE 7- APPEALS, COMPLAINTS, AND DISPUTES Section 7.01 Appeals/Third Party Complaints Section 7.02 Member Agreement Section 7.03 Notice Requirements Section 7.04 Member Disputes ARTICLE 8- TRAINING Section 8.01 Executive Committee Oversight Section 8.02 Training Costs ARTICLE 9- DBE DIRECTORY Section 9.01 Organization of the Directory Section 9.02 Availability ARTICLE 10- FEES/COSTS Section 10.01 UCP Membership Fee Section 10.02 DBE Applicant Firms ARTICLE 11- GENERAL PROVISIONS Section 11.0 I Exhibits Section 11.02 Interpretation Section 11.03 Amendments Section 11.04 Compliance with Law Section 11.05 Signed Agreement Section 11.06 Severability Section 11.07 Successors Section 11.08 Execution III FLORIDA UNIFIED CERTIFICATION PROGRAM AGREEMENT 16 B ~ RECITALS WHEREAS, 49 CFR Part 26 Subpart E- Certification Procedures Section 26.81, requires that all United States Department of Transportation (USDOT) Recipients participate in a statewide Unified Certification Program (UCP); and WHEREAS, this Agreement establishes the UCP for the State of Florida; and WHEREAS, the UCP will comply with all certification procedures and standards set forth in Subparts D and E of 49 CFR Part 26 on the same basis as recipients; and WHEREAS, the UCP will cooperate fully with oversight, review, and monitoring activities of US DOT and its operating administrations; and WHEREAS, the UCP will implement USDOT directives and guidelines concerning certification matters; and WHEREAS, all certification by the UCP shall be pre-certification, i.e., certifications that have been made final before the due date for bids or offers on a contract on which a firm seeks to participate as a DBE; and WHEREAS, the UCP will render uniform certification decisions on behalf of all USDOT financial assistance recipients in Florida with respect to participation in the USDOT Disadvantaged Business Enterprise (DBE) Program; and WHEREAS, the UCP will provide "one-stop shopping" to applicants for DBE certification, such that an applicant need apply only once for a DBE certification that will be honored by all UCP Members in Florida; and 1 WHEREAS, the UCP shall develop and maintain an electronic DBE Directory of all firms certified in Florida that will be available to the public on the Internet and in print and continuously updated with additions, deletions, and other changes; and 168 WHEREAS, the UCP shall have sufficient resources and expertise to carry out the requirements of 49 CFR Part 26 Subpart E; and WHEREAS, all obligations of recipients with respect to certification and nondiscrimination must be carried out by UCPs, and that recipients may use only UCPs that comply with the certification and nondiscrimination requirements of 49 CFR, Part 26. NOW, THEREFORE, in consideration of the promises and covenants herein contained Florida UCP Members, agree to the following: ARTICLE 1 - VISION Florida's USDOT Recipients share the common goal of creating a level playing field on which DBE firms can compete fairly for USDOT assisted contract awards, while enhancing the administration of the DBE Programs through the exchange of information and coordination of activities. In order to achieve the common goal, Recipients will establish the UCP for the State of Florida. 2 ARTICLE 2 - DEFINITIONS 1683 Terms and Definitions used by the UCP shall be those specifically defined in this Agreement, and in 49 CFR, Section 26.5, which is incorporated by reference herein: 2.0 I Certifvine: Member A Florida Recipient as defined in 2.05, and UCP Member as defined in 2.10 and 3.01 who has a current DBE Program Plan approved by an appropriate US DOT Operating Administration that includes provisions for DBE certification and revocation processes. 2.02 Disadvantae:ed Business Enterprise (DBE) A for-profit small business concern, that is at least 51 % owned by one or more individuals who are both socially and economically disadvantaged, or, in the case of a corporation, in which at least 51 % of the stock is owned by one or more such individuals; and whose management and daily business operations of the entity are controlled by one or more of the socially and economically disadvantaged individuals who own it. 2.03 Non-Certifvine: Member A Florida Recipient as defined in 2.05, or UCP Member as defined in 2.10 and 3.1 who has a current DBE Program Plan approved by an appropriate USDOT Operating Administration that does not include provisions for DBE certification and revocation processes. 2.04 Personal Net Worth The net value of the assets of an individual remaining after total liabilities are deducted. Pursuant to 49 CFR Section 26.67 and as used herein, the personal net worth of each disadvantaged owner of an applicant or a DBE firm, excluding the individual's ownership interest in the applicant or a DBE firm and the individual's equity in his or her primary place of residence, must not exceed $750,000. As of the effective date of this Agreement, the personal net worth requirement is not applicable to airport concessions. 2.05 Recipient Any entity, public or private, to which USDOT financial assistance is extended, whether directly or through another recipient, through the programs of the Federal Aviation 3 Authority (FAA), Federal Highway Administration (FHW A) or the Federal Transit Authority (FT A), or who has applied for such assistance. 168' . 2.06 Small Business Concern A Small Business Concern is as defined in Small Business Administration regulation 13 CFR Part 121 and in 49 CFR, Part 26; Section 65. 2.07 Sociallv and Economicallv Disadvantae:ed Individuals Any individual who is a citizen or lawfully admitted permanent resident of the United States and who is: (a) Any individual who a recipient finds to be socially and economically disadvantaged individual on a case-by-case basis. (b) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: (i) "Black Americans" which includes persons having origins in any of the Black racial groups of Africa; (ii) "Hispanic Americans" which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (iii) "Native Americans" which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (iv) "Asian-Pacific Americans" which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; (v) "Subcontinent Asian Americans" which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal, or Sri Lanka; (vi) Women; 4 . -"-,..-- (vii) Any additional groups whose members are designated as socially and 1 6 B- economically disadvantaged by the SBA at such time as the SBA · ~ designation becomes effective. 2.08 Executive Committee A single standing committee, comprised of the Manager of the Equal Opportunity Office in the Florida Department of Transportation (FDOT) or his/her designee, a Certifying Member selected annually by and among the FAA UCP Members, and a Certifying Member selected annually by and among the FT A UCP Members. 2.09 Sub-Recipient Any entity, public or private, to which USDOT financial assistance is extended through another Recipient. 2.10 UCP Members All Florida Recipients participating in this Agreement as described in 3.01 and 11.05, including both Certifying and Non-Certifying Members. 5 ARTICLE 3 - ORGANIZATION OF THE UCP 3.01 Members of the UCP - Recipients Pursuant to Section 26.8 I (a), all USDOT recipients in this State shall participate in a UCP. 1683 All recipients, including airports and transit properties, that receive funds directly from FHW A, FAA or FT A must agree in writing to participate as members in the UCP. Signatures to the UCP agreement of all USDOT recipients in this State shall be maintained on file in the FDOT Equal Opportunity Office. 3.02 Responsible Certifvin2 Member It is the intent of this Agreement that a Certifying Member will be responsible for certifying DBE's who perform work in their respective fields of expertise (highway and bridge, aviation, and transit). If a DBE firm performs work unique to aviation or transit, and there is no available FAA or FT A Certifying Member in the local area, the FAA or FT A Members will coordinate and agree on the designation of a Responsible Certifying Member. The FAA or FT A Member designated as the Responsible Certifying Member shall either be located in the vicinity of the applicant or DBE firm or have an on-going contract or business relationship with the firm. Non-certifying Members shall likewise consider the location of the applicant or DBE firm and anyon-going contract or business relationships with the firm when forwarding an application or a DBE file to a Responsible Certifying Member. To this end Responsible Certifying Members shall be responsible for DBE certifications as follows: a) FDOT shall be the Responsible Certifying Member for those firms primarily engaged in the delivery of highway, road and bridge related goods and services. These goods and services may include, but are not limited to, heavy highway construction contractors, road and bridge contractors, specialty construction contractors, engineering consultants, specialty consultants, highway, road and bridge related material suppliers and fabricators and highway, road and bridge related maintenance services. 6 b) An FAA UCP Member shall be the Responsible Certifying Member for those 1 6 B . firms that are primarily engaged in the delivery of aviation related goods and · services, including concessionaires. These goods and services may include, but are not limited to, food service and other aviation specialty firms. c) An FT A UCP Member shall be the Responsible Certifying Member for those firms that are primarily engaged in the delivery of transit related goods and services. These goods and services may include, but are not limited to, transit services generally, transit maintenance services and transit related materials and supplies. 3.03 DBE Directory Manaszement UCP Members hereby acknowledge that FDOT is the major recipient ofFHW A funds in the State of Florida, has the largest DBE certification program in the State, and maintains a Directory of certified DBEs that is available electronically and in printed form to Florida Recipients, contractors, and other interested members of the general public. 3.03.1 FDOT shall serve as Manager for the UCP's electronic DBE Directory, which shall include all DBE certifications made by Certifying Members. 3.03.2 FDOT, as DBE Directory Manager, shall assume the following responsibilities with regard to the DBE Directory: (a) Keep and maintain the up-to-date electronic DBE Directory; (b) Ensure its availability to all UCP Members and other interested parties; (c) Make available printed copies of the Directory upon request; and (d) Provide Certifying Members with access to certification information in the DBE Directory through the Internet. 3.03.3 Certifying Members will, within 3 business days of receipt of any new application for DBE certification, complete input to a Directory application screen, whenever a new application for DBE certification is received, so that other Certifying Members will not process or otherwise duplicate work on any DBE application. 7 ..^.^.._....._~ 16 8: 3.03.4 When a Certifying Member makes a DBE certification approval decision, information ~ shall be submitted, through the Internet, by the Certifying Member, directly to the DBE Directory within three (3) business days of said approval. Pursuant to 49 CFR, Section 26.31, this information shall include: a) Firm Name, Street Address, P.O. Box, Telephone and Facsimile Numbers, and e- mail address; b) Name of Majority Owner, Gender, and Minority Code; c) Type(s) of work performed by the DBE using North American Industry Classification system (NAICS) adopted by the SBA on October I, 2000, and other work specialty codes as needed; d) Name of Certifying Member; e) Expiration Date of DBE Certification; and f) Any other appropriate information, as agreed upon by VCP Members. 3.03.5 Certifying Members shall also input, through the Internet, within three (3) business days of the action, information as required in 3,03.3 on firms denied DBE certification. This information will be input on the DBE Status Page. 3.03.6 Firms denied DBE certification by a Certifying Member are eligible to re-submit a DBE application after one (1) year. 3.04 Transition of Currentlv Certified DBEs Each VCP Member shall electronically submit its current DBE Directory to the DBE Directory Manager (FDOT) for inclusion into the VCP's DBE Directory. Each VCP Member Directory shall include complete information as required in 3.03.4, and a statement attesting to the fact that each DBE firm submitted has been certified under the provisions of 49 CFR Part 26. 3.04.1 The Executive Committee shall meet and review those certified DBE firms submitted by Certifying VCP Members, and will determine the appropriate Certifying Member who will be responsible for future certification and re-certification of the DBE. 8 .,.n__,- 3.04.2 Upon determination by the Executive Committee of the appropriate Certifying Member, 16 8 ~ the Certifying UCP Member having possession of the DBE firm's certification file will _ be notified, and shall immediately forward that DBE file to the responsible Certifying Member, who shall assume custody and responsibility for the DBE file. 3.04.3 Presently certified non-Florida DBE firms must document current DBE certification by the DOT of the state in which they are domiciled or that state's UCP, if it is in place, prior to being included in the DBE Directory. 3.04.4 Designation of a Responsible Certifying Member for a non-Florida DBE firm shall follow the same process as described above. 3.05 Executive Committee Duties It is agreed that upon approval by the Secretary of the USDOT, the Executive Committee shall begin implementing the provisions of this agreement and the Implementation Plan, attached as Exhibit C. 3.05.1 The Executive Committee shall meet as necessary to provide oversight and ensure compliance with 49 CFR Section 26.81. The Executive Committee shall at all times seek the participation, and may call special meetings of all UCP Members to ensure compliance with said regulation. 3.05.2 The Executive Committee may establish special committees, by majority vote, which may include, but are not limited to, Airport Concessions, UCP Member Dispute Resolution, UCP Process, Quality Assurance, Training, and Intake. 3.05.3 The Executive Committee will ensure that the UCP has sufficient resources and expertise to carry out the requirements of 49 CFR Section 26.81. 3.05.3 The Executive Committee will advise all UCP Members when it appears resources and expertise are not sufficient to carry out the requirements of 49 CFR Section 26.81. 9 ARTICLE 4 - RIGHTS AND RESPONSIBILITIES OF UCP MEMBERS 1683 4.01 Tvpes ofUCP Members Florida recipients acknowledge that this Agreement provides for two (2) classes of members, Certifying Members and Non-Certifying Members as defined in 2.01 and 2.03, and that each class shall have specific rights and responsibilities as set forth herein. 4.02 Certifvin2 Member Ri2hts and Responsibilities Each Certifying Member shall have the following rights and responsibilities: (a) Comply with the terms and conditions of this Agreement. (b) Collect and evaluate information received regarding DBE certification applications, conduct site visits, and make certification decisions as to DBE status, in accordance with 49 CFR Part 26. (c) Promptly provide current information to the DBE Directory as required by and in the manner prescribed in 3.03 above. (d) Update the DBE Directory with all new and updated information (renewals, removals, change of address, etc.). (e) Retain and maintain appropriate DBE certification files. (f) Make file information available to other USDOT recipients and other state UCPs in response to questions or complaints, upon written request. (g) Upon request of a UCP Member, may conduct a site visit to a DBE applicant in its vicinity. (h) Process annual updates to verify continuing eligibility of DBE firms certified by it. (i) Perform specific file reviews at any time upon request by a UCP Member. G) Make timely final decisions on DBE applications as outlined in 49 CFR Section 26.83(k) or within (90) ninety days of receipt of all information. (k) Provide information on any certified DBE upon request by a UCP Member. 4.03 Non Certifvin2 Member Ri2hts and Responsibilities Each Non-Certifying Member shall have the following rights and responsibilities: (a) Comply with the terms and conditions of this Agreement. (b) Promptly forward DBE applications to the Responsible Certifying Member. 10 "r-'" .. (c) Provide information on any certified DBE upon request by a VCP Member. 16 B ARTICLE 5 - RIGHTS AND RESPONSIBILITIES OF THE UCP 5.01 Certification Decisions The VCP shall maintain processes and programs that conform to the overall certification standards set out in 49 CFR Part 26. Certification decisions made by VCP Certifying Members shall be binding on all DOT recipients with respect to participation in the DBE Program. In the event of a conflict, the VCP, through the Executive Committee, shall make a final decision, subject to the provisions of 49 CFR, Part 26. 5.02 "One-Stop Shoppine:" The VCP shall provide "one-stop shopping" to applicants for DBE certification in Florida, such that an applicant is required to apply only once for a DBE certification that will be honored by all VCP Members. 5.03 Processine: Out-or-State Applications The VCP will not process a new application for DBE certification from a firm having its principal place of business in another state unless the firm has already been certified in that state. When a Certifying Member processes an out-of-state application, a full certification application file with all supporting documentation will be compiled by the Certifying Member, including a copy of the Site Visit Report obtained from the applicant's home state or from the state's VCP ifit is in place, before the firm is included in the DBE Directory. 5.04 Reciprocity With Other UCPs It is understood that: (a) The VCP, through its Executive Committee, may enter into written reciprocity agreements at any time with VCPs of other states subject to approvalofVSDOT. (b) Such reciprocity agreement(s) must outline the specific responsibilities of each participating VCP. 11 (c) The UCP, and its Members, may accept a DBE certification decision, made by another UCP or state DOT, on a case-by-case basis. (d) The UCP, and its Members, shall share information concerning Florida DBE firms or applicants with other UCPs and state DOTs upon written request. 1683 5.05 UCP Information Proe:ram UCP Members and the Executive Committee will provide information on the Florida UCP to the public and to DBE applicant firms; provide individuals and firms seeking DBE certification with UCP applications; accept DBE applications from any applicant firm, and forward DBE applications to the appropriate Certifying Member for processing. 5.06 Meetine:s for Continued UCP Monitorine: The UCP, through its Executive Committee, shall hold a statewide membership meeting at least once a year or more often as needed for continued monitoring of the UCP, and on-gomg processes. 5.06.1 The Executive Committee shall notify UCP Members in writing of the date and location of the meeting at least (30) thirty days in advance of the meeting. 5.06.2 A majority of those recipients having agreed in writing to participate as members of the UCP shall constitute a quorum for conducting UCP business. 5.06,3 When a quorum is established at a meeting, a majority vote of those members present and voting shall be required to pass on a matter. ARTICLE 6 - CERTIFICATION PROCEDURES 6.01 Certification Application UCP Members agree to utilize the USDOT Disadvantaged Business Enterprise Certification Application format attached as Exhibit A. 12 6.02 6.03 Certification Process The UCP and its Members shall follow DBE certification processes and adhere to standards set forth in 49 CFR Part 26, Subparts D and E, Certification Procedures, as well as those guidelines set forth herein or otherwise attached hereto. 1683 Certification Site Visits Certifying Members shall conduct a site visit to the principal place of business of an applicant firm prior to DBE certification and submission or direct input via the Internet to the DBE Directory. (a) Certifying Members will utilize the On-Site Review Checklist, which is included as Exhibit D herein. (b) Certifying Members may conduct site visits for one another when requested, in instances where the member requested is geographically close to the DBE's location. ARTICLE 7 - APPEALS. COMPLAINTS AND DISPUTES 7.01 Appeals/Third Party Complaints DBE Certification appeals and third party complaints may only be filed with the Certifying Member whose action is being appealed or complained about and shall be handled in accordance with 49 CFR Part 26, Sections 26.85, 26.87, and 26.89. 7.02 Member Ae:reement This Agreement recognizes that each Certifying Member has a DBE Program Plan approved by USDOT, and that each such Program Plan may be unique. Therefore, it is herein agreed, that actions under this Section shall, in addition to the foregoing requirements of 49 CFR Part 26, comply with the process and procedure provided for in those individual DBE Program Plans. External or Internal Complaints regarding certification decisions of a Certifying Member may only be filed with that Certifying Member, and shall be processed in accordance with 49 CFR Part 26, Section 26.87, or as otherwise provided for herein. 13 -TU.'-"-'-..- 7.03 7.04 Notice Reauirements 16 B -:2 An action by a Certifying Member (certification denial, de-certification, etc.) shall be in ~ wri ting, and shall: (a) Be delivered via Certified U.S. Mail, Return Receipt Requested. (b) Be specific as to the action being taken. (c) Be specific as to the basis of the action. (d) Be specific as to the facts relied upon. (e) Advise the party of the right to appeal. (f) Provide detailed information on the appropriate appeal process. Member Disputes UCP Members shall make every effort to resolve disputes that may arise between them. 7.04.1 Unresolved Member Disputes When UCP Members are unable to resolve an internal dispute, the matter will be submitted to the Executive Committee for resolution. The decision of the Executive Committee shall be binding on all those UCP Members subject to the provisions of 49 CFR Part 26. ARTICLE 8 - TRAINING 8.01 Executive Committee Oversie:ht The Executive Committee shall retain DBE certification oversight ofUCP Members. FDOT will be responsible for DBE certification training ofUCP Members. Upon approval of the Executive Committee, FDOT may provide, or otherwise arrange for, DBE certification training for any Certifying Member upon request or it may require a Certifying Member to attend DBE certification training in order to ensure compliance with the provisions of this Agreement and 49 CFR Part 26. 8.02 Trainine: Costs Certifying Members requesting DBE certification training through FDOT, or who have been required to obtain such training, agree to bear the costs and expenses for said training. 14 "'-'"'--.. I ARTICLE 9 - DBE DIRECTORY 1683 9.01 Ore:anization of the Directorv The DBE Directory shall be organized and maintained by FDOT, using industry standard state-of-the-art software. All VCP Members agree to maintain compatible software and systems in order to best use the electronic DBE Directory, and to timely provide DBE certification information and updates for the DBE Directory. 9.02 Availabilitv The DBE Directory shall be available electronically on the Internet (and in printed form, when requested) to VCP Members, contractors, and other interested parties. ARTICLE 10 - FEES/COSTS 10.01 UCP Fees The VCP may assess its Members such fees as may, from time to time, be required in order to operate and maintain the UCP, ensuring that resources and expertise are sufficient. The Executive Committee shall certify the need for a fee assessment to Members at statewide membership meeting, and shall recommend a fee amount to the Members. Members shall vote to approve the imposition of any such fee. UCP Members that receive less that $250,000.00 annually from USDOT shall be exempt from the payment of any such fees. 10.02 DBE Applicant Firms Certifying Members may charge a reasonable fee for DBE certification application processing. 15 ARTICLE 11 - GENERAL PROVISIONS 1683. 11.01 Exhibits All exhibits to this Agreement are incorporated herein by reference and made a part hereof. 11.02 Interpretation Article and section headings and Table of Contents are for convenience only and shall not affect construction of this Agreement. 11.03 Amendments This Agreement may not be amended, modified, or supplemented except by an instrument in writing agreed to the UCP Members. Not withstanding the foregoing, should any provisions of 49 CFR Part 26 be changed or modified, corresponding provisions of this Agreement shall be modified accordingly. 11.04 Compliance with Law UCP Members agree that the operation of this Agreement and performance of all obligations hereunder shall at all times comply with 49 CFR Part 26 and with applicable federal and state laws. 11.05 Silmed Aereement This Agreement will become effective upon approval by the Secretary of US DOT, and will be fully operational within (18) eighteen months of approval. By executing the Signature and Declaration of Status page of this Agreement recipients agree to become Members of the UCP, and agree to accept the terms and conditions of this Agreement. Following USDOT approval, a recipient may become a member by submitting a fully executed Signature and Declaration of Status page from this Agreement to the Executive Committee, which shall be delivered to FDOT's Equal Opportunity Office, where it shall remain on file. 16 11.06 Severabilitv 1 6 8 3 Should any part, term, portion, or provision of this Agreement be in conflict with any law of the United States or of the State of Florida, or otherwise be unenforceable or ineffectual, the remaining provisions shall be deemed valid and severable, and not affected thereby. 11.07 Successors This Agreement shall be binding upon and inure to the benefit of any successors or assigns of the UCP Members. 11.08 Execution Execution of this Agreement by UCP Members shall comply with appropriate procedures, resolutions, authorized signatures, and required filings pursuant to the law governing each UCP Member. This Agreement will be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 17 STATE OF FLORIDA UNIFIED CERTIFICATION PROGRAM UCP AGREEMENT SIGNATURE and DECLARATION OF STATUS 1683 IN WITNESS WHEREOF, the UCP Members execute this Agreement prepared .t$ep-fe.f'nDe f2 ;), 7) 2005. by authorized signatures, and attached resolutions if appropriate. 8on...rJ of COV{\.+~ COW\fY\l$.s('OYle~' C. 0 \ \lelZ... COt)r'\.+~ FI--or')do...- Signatory Entity Name, p inJed } : 'l..,1-J.. w, ~ DC- Signature and Title t-r-ed W. Co~le Ln~~rvV\CLY\ ) Name and Title, printed This dd ,[ day of _ftv'j:::r , 2005 I , /' (Attorney fi " If ^ a ~'C',,' rtifying Member Status 0 Item # Ill.L.L.2....L ~ ~~~;daCf -d(j~S- Non-Certifying Member Status X 18 - ~~-'.'^"-""'"-"--"--""~'-------"""-'- -.~.._--,---" _.-,,-_. -_.-'-'--'-'-~"-"_._-,~,-- EXHIBITS EXHIBIT A State of Florida, Unified Certification Program Members EXHIBIT B State of Florida, Unified Certification Program, Disadvantaged Business Enterprise Application EXHIBIT C State of Florida, Unified Certification Program, Affidavit For Continuing Eligibility EXHIBIT D State of Florida, Unified Certification Program, Implementation Plan EXHIBIT EState of Florida, Unified Certification Program, Disadvantaged Business Enterprise, On-Site Review Checklist IV ""'-'<-<~"""--""""'~''''''''''''-'''''";-""--,,,._- ". 16 B3 . FLORIDA UCP (EXHIBIT A) 1683 USDOT recipients and/or local government entities signing the Uniform Certification Program (UCP) Agreement as of 2/28/02, and who then provided the required signature page to FDOT. Below are the recipient or government entity represented on the document signed, and the primary person to contact relative to the UCP. This list reflects only one (1) primary contact individual per UCP signatory. 1. Florida Department of Transportation Arthur Wright (850) 414-4747 arthur. wright@dot.state.fl.us 2. Melbourne Airport Authority Michelle Byron (321) 723-6227 (x. 220) mbyron@mlbair.com 3. Hillsborough County Aviation Authority Diane Pryor- Vercelli (813) 870-8789 d. vercelli@tampaairport.com 4. Sarasota Manatee Airport Authority Richard Rossi (941) 359-5000 (x. 214) richardr@srq-airport.com 5. Panama City-Bay County Airport Pam Henderson & Industrial District phenderson@pcairport.com (850) 763-6751 (x 202) 6. Council on Aging of St. Lucie, Inc. Marianne Arbore (772) 879-1287 marbore@coasI.com 7. St. Lucie County Beth Ryder (772) 462-1772 beth@co.st-Iucie.fl.us 8. City ofOcala Normand Belleville (352) 629-8529 nbelleville@ocalafl.org 9. Broward County Pamela Madison (954) 357-7357 pmadison@broward.org 10. Panama City MPO Mary Bo Robinson (850) 595-8910 robinsonm@wfrpc.dst.fl.us 11. Pinellas Suncoast Transit Authority Scott Gerke (727) 533-4362 sgerke@psta.net 12. Miami-Dade County Francisco Fernandez (305) 375-3636 frfer@miamidade.gov 13. LYNX/Central Florida Maria Rivera Regional Transportation Authority mrivera@golvnx.com (407) 841-2279 (x 2130) 19 <"-~~_^~'__"_"_~_"*"',_'__"'_.O"_'"'___"""_"""'_'''"''''"_''''"__*"~_''_'''''__''_'_'~_'''''''_____'''~'''''_'''"'''' '. ,- .. - ..-.-------..--,-. 20. 21. 22. 23. 24. 25. 26. 14. City of Tallahassee (850) 891-8184 15. Lee County Port Authority (941) 768-4859 16. Jacksonville Airport Authority (904) 741-2426 17. V olusia County (386) 822-5771 18. Escambia County Area Transit (850) 595-3228 (x 12) 19. Jacksonville Transportation Authority (904) 630-3111 Sarasota County Transportation Authority (941) 861-1018 Tri-County Commuter Rail Authority (954) 788-7898 City of St. Petersburg (727) 892-5180 St. Petersburg/Clearwater International Airport (727) 453-7805 Greater Orlando Aviation Authority (407) 825-7133 Lee County Transit (941) 277-5012 (x 2231) Okaloosa County (850) 651-7533 20 1683 Ben Harris harrisb@talgov.com Charles Taylor cftaylor@swfia.com Ivy Philon-Johnson ivvp@iaxairports.org Julio Holness iholness@co.volusia.fl.us Ramona Cavasos ramona cavasos@co.escambia.fl.us Deirdre Kyle dkv1e@itaonthemove.com Dominick Locascio d1ocasci@co.sarasota.fl.us Loraine Kelly-Cargill kell ycargill@tri-rai1.com Shrimatee Ojah-Maharaj Shrimatee. Oi ah- Maharai@stpete.org Lynn Marschang gmarscha@co.pinellas.fl.us Sylvia Ross sross@goaa.org Susan Riley rileysp@leegov.com Christy Johnson ^ '.' "....F _...."'''"''"~_.~_,._..._"..,.,._,_,~,_,_,__,~.~"~___~""._'_'_~ .~ Disadvantaged Business Enterprise Program 49 CFR part 26 Uniform Certification Application (EXHIBIT B) Roadmap for Applicants Should I apply? o Is your firm at least 51 %-owned by a socially and economically disadvantaged individual(s) who also controls the firm? o Is the disadvantaged owner a U.S. citizen or lawfully admitted permanent resident of the U.S.? o Is your firm a small business that meets the Small Business Administration's (SBA's) size standard and does not exceed $17.42 million in gross annual receipts? o Is your firm organized as a for-profit business? => If you answered "Yes" to all of the questions above, you may be eligible to participate in the U.S. DOT DBE program. Is there an easier way to apply? If you are currently certified by the SBA as an 8(a) and/or SDB firm, you may be eligible for a streamlined certification application process. Under this process, the certifying agency to which you are applying will accept your current SBA application package in lieu of requiring you to fill out and submit this form. NOTE: You must still meet the requirements for the DBE program, including undergoing an on-site review. Be sure to attach all of the required documents listed in the Documents Check List at the end of this form with your completed application. Where can I find more information? o U.S. DOT - http://osdbuweb.dot.gov/business/dbe/index.html(this site provides useful links to the rules and regulations governing the DBE program, questions and answers, and other pertinent information) o SBA - http://www.ntis.gov/naics (provides a listing ofNAICS codes) and http://www.sba.gov/size/indextableofsize.html (provides a listing of SIC codes) o 49 CFR Part 26 (the rules and regulations governing the DBE program) Under Sec. 26.107 of 49 CFR Part 26, dated February 2,1999, if at any time, the Department or a recipient has reason to believe that any person or firm has willfully and knowingly provided incorrect information or made false statements, the Department may initiate suspension or debarment proceedings against the person or firm under 49 CFR Part 29, take enforcement action under 49 CFR Part 31, Program Fraud and Civil Remedies, and/or refer the matter to the Department of Justice for criminal prosecution under 18 U.S.C. 1001, which rohibits false statements in Federal ro rams. INSTRUCTIONS FOR COMPLETING THE DlSADV ANT AGED BUSINESS ENTERPRISE (DBE) PROGRAM UNIFORM CERTIFICA TION APPLICATION 1 6 B NOTE: If you require additional space for any question in this application, please attach additional sheets or copies as needed, taldn care to indicate on each attached sheet/co the section and number of this a lication to which it refers. Section 1: CERTIFICATION INFORMATION A. Prior/Other Certifications Check the appropriate box indicating for which program your firm is currently certified. If you are already certified as a OBE, indicate in the appropriate box the name of the certifying agency that has previously certified your firm, and also indicate whether your firm has undergone an onsite visit. If your firm has already undergone an onsite visiVreview, indicate the most recent date of that review and the state UCP certifying member that conducted the review. NOTE: If your firm is currently certified under the SBA's 8(a) and/or SOB programs, you may not have to complete this application. You should contact your state UCP certifying member to find out about a streamlined application process for firms that are already certified under the 8(a) and SOB programs. B. Prior/Other Applications and Privileges Indicate whether your firm or any of the persons listed has ever withdrawn an application for a OBE program or an SBA 8(a) or SOB program, or whether any have ever been denied certification, decertified, debarred, suspended, or had bidding privileges denied or restricted by ~ state or local agency or Federal entity. If your answer is yes, indicate the date of such action, identify the name of the agency, and explain fully the nature of the action in the space provided. Section 2: GENERAL INFORMATION A. Contact Information (1) State the name and title of the person who will serve as your firm's primary contact under this application. (2) State the legal name of your firm, as indicated in your firm's Articles of Incorporation. (3) Indicate the primary phone number of your firm. (4) Indicate a secondary phone number, if any. (5) Indicate your firm's fax number, if any. (6) Indicate your firm's or your contact person's email address. (7) Indicate your firm's website address, if any. (8) State the street address of your firm (i.e. the physical location of its offices -- not a post office box address). (9) State the mailing address of your firm, if it is different from your firm's street address. B. Business Profile (1) In the box provided, briefly describe the primary business and professional activities in which your firm engages. (2) Give the Federal Tax 10 number of your firm as provided on your firm's filed tax returns, if you have one. This could also be the Social Security number of the owner of your firm. (3) Give the date on which your firm was officially established, as stated in your firm's Articles of Incorporation. (4) Give the date on which you and/or each other owner took ownership of the firm. (5) Check the appropriate box that describes the manner in which you and each other owner acquired ownership of your firm. If you checked "Other," explain in the space provided. (6) Check the appropriate box that indicates whether your firm is "for profit." NOTE: If you checked "No," then you do NOT qualify for the OBE program and therefore do not need to complete the rest of this application. The OBE program requires all participating firms be for-profit enterprises. (7) Check the appropriate box that describes the legal form of ownership of your firm, as indicated in your firm's Articles of Incorporation. If you checked "Other," briefly explain in the space provided. (8) Check the appropriate box that indicates whether your firm has ever existed under different ownership, a different type of ownership, or a different name. If you checked "Yes," specify which and briefly explain the circumstances in the space provided. (9) Indicate in the spaces provided how many employees your firm has, specifying the number of employees who work on a full- time and part-time basis. (10) Specify the total gross receipts of your firm for each of the past three years, as declared in your firm's filed tax returns. C. Relationships with Other Businesses (1) Check the appropriate box that indicates whether your firm is co-located at any of its business locations, or whether your firm shares a telephone number(s), a post office box, any office space, a yard, warehouse, other facilities, any equipment, or any office staff with any other business, organization, or entity of any kind. If you answered "Yes," then specify the name of the other firm(s) and briefly explain the nature of the shared facilities or other items in the space provided. (2) Check the appropriate box that indicates whether at present, or at any time in the past: (a) your firm has been a subsidiary of any other firm; (b) your firm consisted of a partnership in which one or more of the partners are other firms; (c) your firm has owned any percentage of any other firm; and (d) your firm has had any subsidiaries of its own. (3) Check the appropriate box that indicates whether any other firm has ever had an ownership interest in your firm. 11 (4) If you answered "Yes" to any of the questions in (2)(a)-(d) or (3), identify the name, address and type of business for each. D. Immediate Family Member Businesses Check the appropriate box that indicates whether any of your immediate family members own or manage another company. An "immediate family member" is any person who is your father, mother, husband, wife, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, mother-in-law, or father-in-law. If you answered "Yes," provide the name of each relative, your relationship to them, the name of the company they own or manage the type of business, and whether they own or manage the company. Section 3: OWNERSHIP Identify all individuals or holding companies with any ownership interest in your firm, providing the information requested below (if your firm has more than one owner, provide completed copies of this section for each additional owner): A. Background Information (I) Give the name of the owner. (2) State his/her title or position within your firm. (3) Give his/her home phone number. (4) State his/her home (street) address. (5) Check the appropriate box that indicates this owner's gender. (6) Check the appropriate box that indicates this owner's ethnicity (check all that apply). If you checked "Other," specify this owner's ethnic group/identity not otherwise listed. (7) Check the appropriate box to indicate whether this owner is a U.S. citizen. (8) If this owner is not a U.S. citizen, check the appropriate box that indicates whether this owner is a lawfully admitted permanent resident. If this owner is neither a U.S. citizen nor a lawfully admitted permanent resident ofthe U.S., then this owner is NOT eligible for certification as a DBE owner. This, however, does not necessarily disqualify your firm altogether from the DBE program if another owner is a U.S. citizen or lawfully admitted permanent resident and meets the program's other qualifying requirements. B. Ownership Interest (1) State the number of years during which this owner has been an owner of your firm. (2) Indicate the dollar value of this owner's initial investment to acquire an ownership interest in your firm, broken down by cash, real estate, equipment, and/or other investment. (3) State the percentage oftotal ownership control of your firm that this owner possesses. (4) State the familial relationship of this owner to each other owner of your firm. (5) Indicate the number, percentage of the total, class, date acquired, and method by which this owner acquired his/her shares of stock in your firm. 16B3 (6) Check the appropriate box that indicates whether this owner performs a management or supervisory function for any other business. If you checked "Yes," state the name of the other business and this owner's title or function held in that business. (7) Check the appropriate box that indicates whether this owner owns or works for any other firm(s) that has flID: relationship with your firm. If you checked "Yes," identify the name of the other business and this owner's title or function held in that business. Briefly describe the nature of the business relationship in the space provided. C. Disadvantaged Status NOTE: You only need to complete this section for each owner that is applying for DBE qualification (i.e. for each owner who is claiming to be "socially and economically disadvantaged" and whose ownership interest is to be counted toward the control and 51 % ownership requirements of the DBE program) (I) Indicate in the space provided the total Personal Net Worth (PNW) of each owner who is applying for DBE qualification. Use the PNW calculator form at the end of this application to compute each owner's PNW. (2) Check the appropriate box that indicates whether any trust has ever been created for the benefit of this disadvantaged owner. If you answered "Yes," briefly explain the nature, history, purpose, and current value ofthe trust(s). Section 4: CONTROL A. Identify your firm's Officers and Board of Directors: (1) In the space provided, state the name, title, date of appointment, ethnicity, and gender of each officer of your firm. (2) In the space provided, state the name, title, date of appointment, ethnicity, and gender of each individual serving on your firm's Board of Directors. (3) Check the appropriate box that indicates whether any of your firm's officers and/or directors listed above performs a management or supervisory function for any other business. If you answered "Yes," identify each person by name, his/her title, the name of the other business in which s/he is involved, and his/her function performed in that other business. (4) Check the appropriate box that indicates whether any of your firm's officers and/or directors listed above own or work for any other firm(s) that has a relationship with your firm. If you answered "Yes," identify the name of the firm, the officer or director, and the nature of his/her business relationship with that other firm. B. Identify your firm's management personnel (by name, title, ethnicity, and gender) who control your firm in the following areas: 111 , (I) Making of financial decisions on your firm's behalf, including the acquisition oflines of credit, surety bonds, supplies, etc.; (2) Estimating and bidding, including calculation of cost estimates, bid preparation and submission; (3) Negotiating and contract execution, including participation in any of your firm's negotiations and executing contracts on your firm's behalf; (4) Hiring and/or firing of management personnel, including interviewing and conducting performance evaluations; (5) FieldlProduction operations supervIsIOn, including site supervision, scheduling, project management services, etc.; (6) Office management; (7) Marketing and sales; (8) Purchasing of major equipment; (9) Signing company checks (for any purpose); and (10) Conducting any other financial transactions on your firm's behalf not otherwise listed. (II) Check the appropriate box that indicates whether any of the persons listed in (I) through (10) above perform a management or supervisory function for any other business. If you answered "Yes," identify each person by name, his/her title, the name of the other business in which s/he is involved, and hislher function performed in that other business. (12) Check the appropriate box that indicates whether any of the persons listed in (I) through (10) above own or work for any other firm(s) that has a relationship with your firm. If you answered "Yes," identify the name of the firm, the name of the person, and the nature of his/her business relationship with that other firm. C. Indicate your firm's inventory in the following categories: (1) Equipment State the type, make and model, and current dollar value of each piece of equipment held and/or used by your firm. Indicate whether each piece is either owned or leased by your firm. (2) Vehicles State the type, make and model, and current dollar value of each motor vehicle held and/or used by your firm. Indicate whether each vehicle is either owned or leased by your firm. (3) Office Space State the street address of each office space held and/or used by your firm. Indicate whether your firm owns or leases the office space and the current dollar value of that property or its lease. (4) Storage Space State the street address of each storage space held and/or used by your firm. Indicate whether your firm owns or leases the storage space and the current dollar value of that property or its lease. D. Does your firm rely on any other firm for management functions or employee payroll? Check the appropriate box that indicates whether your firm relies on any other firm for management functions or for employee payroll. If yOU answered 16B3 "Yes." briefly explain the nature of that reliance and the extent to which the other firm carries out such functions. E. Financial Information (I) Banking Information (a) State the name of your firm's bank. (b) Give the main phone number of your firm's bank branch. (c) Give the address of your firm's bank branch. (2) Bonding Information (a) State your firm's Binder Number. (b) State the name of your firm's bond agent and/or broker. (c) Give your agent'slbroker's phone number. (d) Give your agent'slbroker's address. (e) State your firm's bonding limits (in dollars), specifying both the Aggregate and Project Limits. F. Identify all sources, amounts, and purposes of money loaned to your firm, including the names of persons or firms securing the loan, if other than the listed owner: State the name and address of each source, the original dollar amount and the current balance of each loan, and the purpose for which each loan was made to your firm. G. List all contributions or transfers of assets to/from your firm and to/from any of its owners over the past two years: Indicate in the spaces provided, the type of contribution or asset that was transferred, its current dollar value, the person or firm from whom it was transferred, the person or firm to whom it was transferred, the relationship between the two persons and/or firms, and the date of the transfer. H. List current licenses/permits held by any owner or employee of your firm. List the name of each person in your firm who holds a professional license or permit, the type of permit or license, the expiration date of the permit or license, and the license/permit number and issuing State of the license or permit. I. List the three largest contracts completed by your firm in the past three years, if any. List the name of each owner or contractor for each contract, the name and location of the projects under each contract, the type of work performed on each contract, and the dollar value of each contract. J. List the three largest active jobs on which your firm is currently working. For each active job listed, state the name of the prime contractor and the project number, the location, the type of work performed, the project start date, the anticipated completion date, and the dollar value of the contract. AFFIDAVIT & SIGNATURE Carefully read the attached affidavit in its entirety. Fill in the required information for each blank space, and sign and date the affidavit in the presence of a Notary Public, who must then notarize the form. IV DBE UNIFORM CERTIFICATION APPLICATION SUPPORTING DOCUMENTS CHECKLIST In order to complete your application for DBE certification, you must attach copies of all of the following documents as the a I to ou and our firm. All Applicants ..,j Work experience resumes (that include places of ownership/employment with corresponding dates), for all owners and officers of your firm ..,j Personal Financial Statement (form available with this application) ..,j Personal tax returns for the past three years, if applicable, for each owner claiming disadvantaged status ..,j Your firm's tax returns (gross receipts) and all related schedules for the past three years ..,j Documented proof of contributions used to acquire ownership for each owner (e.g. both sides of cancelled checks) ..,j Your firm's signed loan agreements, security agreements, and bonding forms ..,j Descriptions of all real estate (including office/storage space, etc.) owned/leased by your firm and documented proof of ownership/signed leases ..,j List of equipment leased and signed lease agreements ..,j List of construction equipment and/or vehicles owned and titles/proof of ownership ..,j Documented proof of any transfers of assets to/from your firm and/or to/from any of its owners over the past two years ..,j Year-end balance sheets and income statements for the past three years (or life offirm, ifless than three years); a new business must provide a current balance sheet ..,j All relevant licenses, license renewal forms, permits, and haul authority forms ..,j DBE and SBA 8(a) or SDB certifications, denials, and/or decertifications, if applicable ..,j Bank authorization and signatory cards ..,j Schedule of salaries (or other compensation or remuneration) paid to all officers, managers, owners, and/or directors of the firm ..J Trust agreements held by any owner claiming disadvantaged status, if any 83 Partnership or Joint Venture ..,j Original and any amended Partnership or Joint Venture Agreements Corporation or LLC ..,j Official Articles of Incorporation (signed by the state official) ..,j Both sides of all corporate stock certificates and your firm's stock transfer ledger ..,j Shareholders' Agreement ..,j Minutes of all stockholders and board of directors meetings ..,j Corporate by-laws and any amendments ..,j Corporate bank resolution and bank signature cards ..J Official Certificate of Formation and Operating Agreement with any amendments (for LLCs) Trucking Company ..,j Documented proof of ownership of the company ..,j Insurance agreements for each truck owned or operated by your firm ..,j Title(s) and registration certificate(s) for each truck owned or operated by your firm ..J List of U.S. DOT numbers for each truck owned or operated by your firm ..J Reeular Dealer ..,j Proof of warehouse ownership or lease ..,j List of product lines carried ..J List of distribution equipment owned and/or leased NOTE: The specific state UCP to which you are applying may have additional required documents that you must also supply with your application. Contact the appropriate certifying agency to which you are applying to find out if more is required. v Section 1 : CERTIFICATION INFORMATION 16B3 A. Prior/Other Certifications Is your firm currently certified for DDBE Name of certifying agency: any of the following programs? (If Yes, check appropriate box (es)) Has your firm's state UCP conducted an on-site visit? DYes, on _/ ~ _ State: DNo D 8(a) @ STOP! If you checked either the 8(a) or SDB box, you may not DSDB have to complete this application. Ask your state UCP about the streamlined application process under the SBA-DOT MOU. B. Prior/Other A lications and Privile es Has your firm (under any name) or any of its owners, Board of Directors, officers or management personnel, ever withdrawn an application for any of the programs listed above, or ever been denied certification, decertified, or debarred or suspended or otherwise had bidding privileges denied or restricted by any state or local agency, or Federal entity? DYes,on_/~_ DNo If Yes, identify State and name of state, local, or Federal agency and explain the nature of the action: Section 2: GENERAL INFORMATION A. Contact Information (1) Contact person and Title: I (2) Legal name of firm: (3) Phone #: I (4) Other Phone #: I (5) Fax #: (6) E-mail: I. (7) Website (if have one): (8) Street address of firm (No P,D. Box): City: County/Parish: State: Zip: (9) Mailing address of firm (if different): City: County/Parish: State: Zip: B. Business Profile (1) Describe the primary activities of your firm: (2) Federal Tax ID (if any) (3) This firm was established on / / I (4) I/We have owned this firm since: / / (5) Method of acquisition (check all that apply): D Inherited business D Secured concession D Started new business D Bought existing business 0 Merger or consolidation o Other (explain) (6) Is your firm "for profit"? DYes DNo @ STOP! If your firm is NOT for-profit, then you do NOT qualify for this program and do NOT need to fill out this application. 1 T- (7) Type of firm (check all that apply): D Sole Proprietorship D Partnership D Corporation D Limited Liability Partnership D Limited Liability Corporation D Joint Venture D Other, Describe: (8) Has your firm ever existed under different ownership, a different type of ownership, or a different name? DYesDNo If Yes, explain: 3~ (9) Number of employees: Full-time Part-time Total (10) Specify the gross receipts of the firm for the last 3 years: Year Year Year Total receipts $ Total receipts $ Total receipts $ C R I' h' . hO h B . . e atlOns IPS Wit t er usmesses (1) Is your firm co-located at any of its business locations, or does it share a telephone number, P.O. Box, office space, yard, warehouse, facilities, equipment, or office staff, with any other business, organization, or entity? DYes DNo If Yes, identify: Other Firm's name: Explain nature of shared facilities: (2) At present, or at any time in the (a) been a subsidiary of any other firm? DYes DNo past, has your firm: (b) consisted ofa partnership in which one or more of the partners are other firms? DYes DNo (c) owned any percentage of any other firm? DYes DNo (d) had any subsidiaries? DYes DNo (3) Has any other firm had an ownership interest in your firm at present or at any time in the past?D Yes D No (4) If you answered "Yes" to any of the questions in (2)(a)-(d) and/or (3), identify the following for each (attach extra sheets, ifneeded): Name Address Type of Business 1. 2. 3. D. Immediate Familv Member Businesses Do any of your immediate family members own or manage another company?D Yes D No If Yes, then list (attach extra sheets, ifneeded): Name Relationship Company Type of Business Own or Manage? 1. 2. 2 ..... ---r- Section 3: OWNERSHIP 1683' Identify all individuals or holding companies with any ownership interest in your firm, providing the information requested below (Ifmore thanfive owners, attach separate sheets for each additional owner): A. Back2round Information (1) Name: I (2) Title: I (3) Home Phone #: (4) Home Address (street and number): City: State: Zip: (5) Gender: D Male D Female (6) Ethnic group membership (Check all that apply): D Black (7) U.S. Citizen: DYes DNo D Hispanic D Native American D Asian Pacific (8) Lawfully Admitted Permanent D Subcontinent Asian Resident: DYesDNo DOther (specify) B o h' I t t . wners IP n eres (1) Number of years as owner: (2) Initial investment Type Dollar Value (3) Percentage owned: to acquire ownership Cash D$ (4) Familial relationship to other owners: interest in firm: Real Estate D$ Equipment D$ other D$ (5) Shares of Stock: Number Percentage Class Date acquired Method Acquired (6) Does this owner perform a management or supervisory function for any other business? DYes D No If Yes, identify: Name of Business: Function/Title: (7) Does this owner own or work for any other firm(s) that has a relationship with this firm (e.g., ownership interest, shared office space, financial investments, equipment, leases, personnel sharing, etc.)? DYes DNo If Yes, identify: Name of Business: Function/Title: Nature of Business Relationship: C. Disadvantaged Status - NOTE: Complete this section only for each owner applying for DBE qualification (i.e. for each owner c1aimine: to be sociallv and economically disadvantal!ed) (1) What is the Personal Net Worth (PNW) of the owner(s) applying for DBE qualification? (Use and attach the Personal Financial Statementform at the end of this application; attach additional sheets ifmore than one owner is applying) (2) Has any trust been created for the benefit of this disadvantaged owner(s)? DYes D No If Yes, explain (attach additional sheets if needed): 3 .....-..r- Section 4: CONTROL 16B3 A. Identify your firm's Officers & Board of Directors (Jf additional space is ret uired, attach a separate sheet): Name Title Date Appointed Ethnicity Gender (1) Officers (a) of the (b) (c) Company (d) (e) (2) Board of (a) Directors (b) (c) (d) (e) (3) Do any of the persons listed in (1) and/or (2) above perform a management or supervisory function for any other business? D YesD No If Yes, identify for each: Person: Title: Busines8: Function: (4) Do any of the persons listed (1) and/or (2) above own or work for any other firm(s) that has a relationship with this firm (e.g., ownership interest, shared office space, financial investments, equipment, leases, personnel sharing, etc. )?D Yes D No If Yes, identify for each: Firm Name: Person: Nature of Business Relationship: B. Identify your firm's management personnel who control your firm in the following areas (Jfmore than two persons, attach a separate sheet): Name Title Ethnicity Gender (1) Financial Decisions a. (responsibility for acquisition of lines of b. credit, surety bondinf!, supplies, etc.) (2) Estimating and bidding a. b. (3) Negotiating and Contract a. Execution b. ( 4) Hiring/firing of management a. personnel b. (5) Field/Production Operations a. Supervisor b. (6) Office management a. b. (7) Marketing/Sales a. b. (8) Purchasing of major a. equipment b. (9) Authorized to Sign Company a. Checks (for any purpose) b. (10) Authorized to make a. Financial Transactions b. 4 (11) Do any of the persons listed in (1) through (10) above perform a management or supervisory fun any other business? 0 YesD No If Yes, identify for each: Person: Title: 3 Business: Function: (12) Do any of the persons listed in (1) through (10) above own or work for any other firm(s) that has a relationship with this firm (e.g., ownership interest, shared office space, financial investments, equipment, leases, personnel sharing, etc. )? DYesDNo If Yes, identify for each: Firm Name: Nature of Business Relationship: Person: C. Indicate your firm's inventory in the following categories (attach additional sheets ifneeded): (1) Equipment Type of Equipment MakeIModel Current Value Owned or Leased? (a) (b) (c) (2) Vehicles Type of Vehicle MakeIModel Current Value Owned or Leased? (a) (b) (c) 3 Office S ace Street Address Owned or Leased? Current Value of Pro e or Lease (a) (b) Owned or Leased? Current Value of Pro e or Lease (a) (b) D. Does your firm rely on any other firm for management functions or employee payroll?D Yes D No I If Yes, explain: E. Financial Information (1) Banking Information: (a) Name of bank: (b) Phone No: ( ) 5 I (c) Address of bank: City: State: Zip: ltrl3 3 (a) Binder No: (c) Phone No: ( City: (2) Bonding Information: If you have bonding capacity, identify: (b) Name of agent/broker (d) Address of agent/broker: ) State: _ Zip: (e) Bonding limit: Aggregate limit $ Project limit $ F. Identify all sources, amounts, and purposes of money loaned to your firm, including the names of any fi h I 'f h h th r d persons or Irms securID2 t e oan, I ot er t an e Iste owner: Name of Source Address of Source Name of Person Original Current Purpose of Loan Securim! the Loan Amount Balance 1. 2. 3. G. List all contributions or transfers of assets to/from your firm and to/from any of its owners over the d lh if dd) past two years (attach a ditiona s eets I nee e Contribution/Asset Dollar Value From Whom To Whom Relationship Date of Transfer Transferred Transferred 1. 2. 3. H. List current licenses/permits held by any owner and/or employee of your firm (e.g. contractor, engineer, architect, etc.) (attach additional sheets ifneeded): Name of License/Permit Holder Type of License/Permit Expiration License Number Date and State 1. 2. 3. I. List the three lar!!est contracts complete IV your Irm ID t e past tree years, I an": Name of NameILocation of Type of Work Performed Dollar Value of Owner/Contractor Proiect Contract 1. 2. 3. db fi h h 'f 6 J L' h h . b h' h fi ki 1683 . 1St t e tree ar!!:est active 10 S on w IC your Irm IS currently wor n!!:: Name of Prime Location of Type of Work Project Anticipated Dollar Value of Contractor and Project Project Start Date Completion Contract Number Date 1. 2. 3. 7 AFFIDAVIT OF CERTIFICATION 16 83 Thisform must be signed and notarizedfor each owner upon which disadvantaged status is relied. A MATERIAL OR FALSE STATEMENT OR OMISSION MADE IN CONNECTION WITH THIS APPLICATION IS SUFFICIENT CAUSE FOR DENIAL OF CERTIFICATION, REVOCATION OF A PRIOR APPROVAL, INITIATION OF SUSPENSION OR DEBARMENT PROCEEDINGS, AND MAY SUBJECT THE PERSON AND/OR ENTITY MAKING THE FALSE STATEMENT TO ANY AND ALL CIVIL AND CRIMINAL PENALTIES AVAILABLE PURSUANT TO APPLICABLE FEDERAL AND STATE LAW. I (full name printed), swear or affinn under penalty oflaw that I am (title) of (firm name) and that I have read and understood all of the questions in this application and that all of the foregoing infonnation and statements submitted in this application and its attachments and supporting documents are true and correct to the best of my knowledge, and that all responses to the questions are full and complete, omitting no material information. The responses include all material information necessary to fully and accurately identify and explain the operations, capabilities, and pertinent history of the named firm as well as the ownership, control, and affiliations thereof. I recognize that the information submitted in this application is for the purpose of inducing certification approval by a government agency. I understand that a government agency may, by means it deems appropriate, detennine the accuracy and truth of the statements in the application, and I authorize such agency to contact any entity named in the application, and the named finn's bonding companies, banking institutions, credit agencies, contractors, clients, and other certifying agencies for the purpose of verifying the information supplied and detennining the named firm's eligibility. I agree to submit to government audit, examination and review of books, records, documents and files, in whatever fonn they exist, of the named firm and its affiliates, inspection of its places(s) of business and equipment, and to penn it interviews of its principals, agents, and employees. I understand that refusal to pennit such inquiries shall be grounds for denial of certification. If awarded a contract or subcontract, I agree to promptly and directly provide the prime contractor, if any, and the Department, recipient agency, or federal funding agency on an ongoing basis, current, complete and accurate infonnation regarding (1) work perfonned on the project; (2) payments; and (3) proposed changes, if any, to the foregoing arrangements. I agree to provide written notice to the recipient agency or Unified Certification Program (UCP) of any material change in the infonnation contained in the original application within 30 calendar days of such change (e.g., ownership, address, telephone number, etc.). I acknowledge and agree that any misrepresentations in this application or in records pertaining to a contract or subcontract will be grounds for terminating any contract or subcontract which may be awarded; denial or revocation of certification; suspension and debarment; and for initiating action under federal and/or state law concerning false statement, fraud or other applicable offenses. I certify that I am a socially and economically disadvantaged individual who is an owner of the above-referenced finn seeking certification as a Disadvantaged Business Enterprise (DBE). In support of my application, I certify that I am a member of one of the following groups, and that I have held myself out as a member of the group(s) (circle all that apply): Female Black American Hispanic American Native American Asian-Pacific American Subcontinent Asian American Other (specify) 8 I certify that I am socially disadvantaged because I have been subjected to racial or ethnic prejudice or cu'turli2 B 3 or have suffered the effects of discrimination, because of my identity as a member of one or more of the groups identified above, without regard to my individual qualities. I further certify that my personal net worth does not exceed $750,000, and that my ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same or similar line of business who are not socially and economically disadvantaged. I declare, under penalty of perjury, that the information provided in this application and supporting documents relating to my disadvantaged status and me is true and correct. Signature: Date: NOTARY CERTIFICATE: STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me this _day of 20_by (name of person making statement) (Signature of Notary Public-State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally known OR Produced Identification. Type of Identification Produced 9 " ---1-- Completing Personal Net Worth Statement (These Statements Are Not Subject To Public Disclosure) 1683 All owners claiminl! disadvantal!ed status are reminded that. as requested with the DBE Application. each such owner MUST support their Personal Net Worth Statement hv providinl! complete copies (all schedules) of their last three Federal Individual Income Tax Returns (1040) tiled with the Internal Revenue Service. A Personal Net Worth form must be completed by all owners claiming disadvantaged status. You must complete all asset and liability sections (1 through 12) and transfer the totals from each section to the Net Worth Summary Page. For any section where no asset or liability exists, you may indicate "Not Applicable," and enter zeroes) on the summary pages. If you require more space in any section, attach additional sheets, and reference the appropriate section number and heading. If any asset or liability is jointly held, you, the disadvantaged individual, need only reflect the value of your share. 10 r-"-- SECTION 1: CASH ON HAND & IN BA This is the total amount of your cash on hand, which includes funds deposite Fo . This includes, but is not limited to funds accumulated in savings ace de mone market accounts. NAME OF FINANCIAL INSTITUTION ACCOUNT TYPE institutions, boil lA. aD ~II__' .;,;(;t&iilJJr OWNERSHIP % AMOUNT CASH TOTAL CASH (Summary Line 1): $ SECTION 2: IRA OR OTHER RETIRE Individual and other retirement accounts include any fund repres program such as a 401K or any other retirement plan. This inch.. to the Ian. NAME OF COMPANY OR INSTITUTION HOLDER funded udons made CURRENT VALUE TOTAL RETIREMENT ACCOUNTS (Summary Line 2) $ SECTION 3: LIFE The cash surrender value of an Uti COMPANY NAME LOAN AMOUNT TOTAL CASH VALUE (Summary Line 3) $ TOTAL LOANS OUTSTANDING (Summary Line 13) $ SECTION 4 OCKS, BONDS, A . R List the value of your investment in stocks, bonds, securities, and any other investments n1>t covered in previous sections. TRUSTEE OR BROKERAGE ACCOUNT OWNERSHIP % MARKET VALUE TOTAL STOCKS, BONDS, & SECURITIES (Summary Line 4) $ SECTIO If you own at least 5% current market valu determine the value of our IDvest NAME OF OTHER BUSINESS CURRENT VALUE OF YOUR OWNERSHIP TOTAL VALUE OF OWNERSHIP (Summary Line 5) $ 11 Excludin MORTGAGE BALANCE TOTAL REAL ESTATE (Summary Line 6) $ MORTGAGE LOAN(S) (transfer total to line 14 summary) $ TION 7: PERSONAL List all personal autos, trucks, boats recreational vehicles own ides that are leased or rented to businesses or other indi ehicles. YEAR AND DESCRIPTION rket value. Include personally e any loan balances against these OWNERSHIP % CURRENT VALUE NOTE BALANCE TOTAL VALUE (transfer to line of 7 summary) $ SECTION 9: OT~]l ASSETS The market value of a"" other a$.set$. \TO u o",n tbat d.o ..ot fit ip.toon~ o.f th~ fQ".f!~int! $e~tious. D E S C RIPT I 0 N OF A S S E T S VALUE TOTAL OTHER ASSETS (Summary Line 9) $ SECTION 10: ACCOUNTS P ABLE Includes credit card debt and store accounts not associated with the applicant firm, and other aecounts payable by ou ersonall. Do not include a abies listed in otber sections. DESCRIPTION AMOUNT DESCRIPTION AMOUNT 12 '1------ his document and orm of a written AMOUNT TOTAL NOTES PAYABLE (Summary Line 11) $ Include your portion of any obligatio assessments. DESCRIPTION uuty property AMOUN DESCRIPTION T AMOUN T TOT AL UNPAID TAXES (Summary Line 15) $ SECTI Include your share of any liability not pr coutin ent or deferred liabilities. DESCRIPTION 13: OTHER sly accounte AMOUNT TOT AL OTHER LIABILITIES (Summary Line 16) $ A. Has the owner transferred any assets to the spouse or another individual, or established trust accounts within the past two years? 0 Yes 0 No (If Yes, provide a statement describing the items transferred and market cost. Provide a copy of written documents applicable.) 13 ..r-- FLORIDA UNIFORM CERTIFICATION PROGRAM PERSONAL NET WORTH STATEMENT SUMMARY PAGE ASSETS DOLLAR VALUE 1. Cash (Total Section 1) $ 2. Retirement Accounts (Total Section 2) 3. Life Insurance (Total Section 3) 4. Stocks, Bonds, and Other Securities (Total Section 4) 5. Value of Other Business(es) (Total Section 5) 6. Real Estate (Total Section 6) 7. Personal Vehicles (Total Section 7) 8. Other Personal Property (Total Section 8) 9. Other Assets (Total Section 9) TOT AL ASSETS $ LIABILITIES DOLLAR VALUE 10. Accounts Payable (Total Section 10) $ 11. Notes Payable (Total Section 11 12. Notes on Personal Vehicles (Total Section 7) 13. Loan on Life Insurance (Total Section3) 14. Mortgages on Real Estate (Total Section 6) 15. Unpaid Taxes (Total from Section 12) 16. Other Liabilities (Total Section 13) TOTAL LIABILITIES $ NET WORTH (Total Assets Minus Total Liabilities) $ 14 1683 ---r- (EXHIBIT C) State of Florida Unified Certification Program 1683 Disadvantaged Business Enterprise (DBE) Affidavit For Continuing Eligibility DECLARA nON This declaration is executed under penalty of perjury of the laws of the United States and State of Florida. PRINT NAME AND TITLE OF MAJORITY DISADV ANT AGED OWNER: BUSINESS NAME: BUSINESS ADDRESS: MAILING ADDRESS (If different): BUSINESS PHONE: FAX NUMBER: DBE FIRM'S GROSS RECEIPTS (most recent complete year): $ (attach a copy of firm's tax return, Schedule C or a CPA Report. You must include the gross receipts of any and all affiliate businesses together with their respective tax returns or income statements) HAS THERE BEEN A CHANGE IN OWNERSHIP THIS PAST YEAR? YES _NO_ (If "yes," you must submitproofofinvestment; documents indicating race, gender, ethnicity and citizenship status; stock certificates, partnership agreements, Corporate Meeting Minutes etc. reflecting said changes for all new owners.) DOES THE PERSONAL NET WORTH (PNW) OF ANY DISADVANTAGED OWNER EXCEED $750,000? YES _ NO (If "yes," identify the owner(s)) Personal Net Worth excludes your personal residence and the value of the DBE firm. Include all non-DBE business property, furnishings, jewelry, guns, stocks, bonds, lRAs, livestock, etc. HAS THERE BEEN A CHANGE IN MANAGEMENT? (Include Board of Directors for corporations) YES _ NO _ (If "Yes," you must provide the names of new management staff and a description of their duties and responsibilities.) I understand that any material misrepresentation will be grounds for de-certification, and for initiation of actions under Federal and/or State laws regarding the making of false statements. I certify that there have been no material changes in the information provided with this firm's most recent complete application for DBE certification, except those heretofore conveyed, in writing, to: STATE OF Disadvantaged Owner's Printed Name COUNTY OF Disadvantaged Owner's Signature Corporate Seal: Sworn to and subscribed before me this _ day of , 20--------, by (Affiant's Printed Name) He/She is personally known to me or has produced (type) as identi fication. STATE OF My Commission Expires (Notary's Printed Name) 15 (EXHIBIT D) State of Florida Unified Certification Program IMPLEMENTATION PLAN TOTAL TIME: 16 360 Days 1683- (EXHIBIT E) STATE OF FLORIDA UNIFIED CERTIFICATION PROGRAM Disadvantaged Business Enterprise On-Site Review Checklist 1683 FIRM: LOCATION OF REVIEW: REVIEWED BY: DA TE: [Read to those present representing the applicantfirm] The purpose of an on-site review is to gather information sufficient to determine whether this firm is an on- going, independent small business that is at least 51 percent owned and controlled in both form and substance, by one or more socially and economically disadvantaged individuals. This interview is being recorded, are there any objections? YES / NO % OWNED OWNER NAME TITLE RACE/GENDER (List owners present at the review) (Allow owner(s) to examine file.) Does the file contain all of the information submitted by the firm? YES / NO Have there been any changes since the application was filed? YES / NO (If "YES," describe the changes.) 17 -~--r-- ECONOMIC DISADVANTAGE 1683- Which owners claim to be economically disadvantaged? Were personal net worth statements for each of these owners and their spouses submitted with the firm's DBE application? YES I NO. [If "YES," were these personal net worth statements completed by a certified public account? YES I NO. If "YES," were the personal net worth statements properly completed, signed and notarized by the owner, his or her spouse and the CP A? YES I NO.] (If current personal net worth statements for these owners and their spouses were not submitted, obtain copies of statements). HISTORY AND STRUCTURE OF THE FIRM Recount the firm's history of development, i.e., who decided to start the business, when, why, etc. What is the firm's current organizational structure? Corporation: S C Sole Proprietorship Partnership: Joint Venture: Other (specify): Has the structure of the firm ever changed? YES I NO (If "YES," explain changes.) Is the firm the successor to another business? YES I NO (If "YES," complete items a- c) (a) Identify the previous firm by name, its owner(s) and the type(s) ofservice(s) it provided. 18 ""--"-"-T--- (b) Is the previous finn still active? YES I NO (If "YES," explain anyon-going relationship(s) hetwIn ~~ 3 · (c ) Are any owners or key employees of the previous firm presently involved in the DBE applicant firm? YES / NO (If "YES," provide names, titles, positions and explain their roles in the firm.) Has the firm filed bankruptcy in the past seven (7) years? YES / NO (If "YES," explain and obtain documentation showing the current status of bankruptcy proceedings.) OWNERSHIP / CAPITAL CONTRIBUTION How were the ownership percentages established, and who made the determination? What method of payment was made by current owners to establish their percentage of ownership? (If this is an initial application, obtain appropriate documentation, to include any necessary supporting affidavits.) 19 --r- 16B3 Does cash invested by owners appear as a deposit on the opening bank statement? YES / NO (If "NO," explain.) (If "YES," obtain a copy of the opening bank statement). Were contributions other than cash used to establish ownership? YES / NO (If "YES," detail such contributions, and quantify their monetary value relative to contributions of other owners. If contributions were technical expertise, define the nature of the expertise and quantify its monetary value. Obtain Minutes quantifying value to the firm.) Were real property, equipment or other assets contributed in exchange for ownership? YES / NO (If "YES," detail the nature and value of the assets relative to the contributions made by other owners. Note whether these contributions are recorded in the firm's financial records as an investment. Obtain copies of titles, bills of sale, receipts or necessary affidavits.) Are any disadvantaged owners married? YES / NO (If "YES," were jointly held assets used to acquire ownership? YES / NO) (If "YES," identify the assets, and determine whether the non-disadvantaged spouse has irrevocably transferred ownership of the firm to the disadvantaged spouse. Obtain supporting documents.) 20 --.--.,'.-- Have all capital investments been recorded in the firm's Organizational Meeting Minutes? YES I NotfQJ,l3 explain. ) Were cash investments sufficient to provide initial working capital? YES / NO (If "NO," what other sources of capital were used?) Is the firm partially owned by another business? YES / NO (If "YES," detail the ownership, explain any relationships and obtain copies of any agreements.) Is there a voting trust, shareholder or other third party agreement that affects ownership, control or independence? YES / NO (If "YES," explain and obtain copies.) 21 H___ I MANAGEMENT AND CONTROL 1683 Do the owners, officers, directors, managers or key employees of the firm have any ownership interest in or participate in the management of any other business? YES I NO (If "YES," specify who, and explain any relationship between firms.) Does the firm operate full time? YES I NO (Specify normal hours of operation, and determine whether disadvantaged owners are active during these hours.) Do any disadvantaged owners work for another business? YES I NO (If "YES," identify the owners, and by whom they are employed. Describe anyon-going relationships between firms and specify hours worked by disadvantaged owners.) Are any Officers or members of the Board of Directors NOT active in the day-to-day management and operation of the firm? YES I NO (If "YES," provide the names of inactive officers and/or members of the Board. ) What essential technical skills must owners, Officers, managers and key employees possess for this business to successfully operate? 22 Which owners, Officers, managers or key employees possess these essential skills? 16B3~ Are the essential technical skills reflected in the resumes of disadvantaged owners? YES / NO (If "NO," determine how these skills are provided to the firm. If necessary, obtain updated resumes for disadvantaged owner(s).) How do disadvantaged owners control operations in each Industry Classification and/or Specialty Code work area identified in the DBE application? What business, occupational, professional licenses, certifications or other designations are required for the firm to operate? (List and obtain copies). Does the firm have all required licenses, certifications or designations required for it to legally perform the work listed on the DBE application? YES / NO (If "NO," explain how the firm proposes to carry out such work.) 23 --- I 16B3 In whose name are licenses, certification and designations issued, and what position does the person hold with the firm? Have there been any significant events or business accomplishments since start-up? YES I NO (If "YES," how did the disadvantaged owners contribute to or otherwise participate?) 24 ..--.-- PERSONNEL I OWNER RESPONSIBILITIES Does the firm have enough employees to perform all work listed on the DBE application? "NO," determine how the firm plans to obtain staffing necessary to perform work.) 16B3 YES / NO (If Does the firm ever subcontract work? YES I NO (If "YES," determine with whom, when, why, how often this occurs. How much work is customarily subcontracted?) Do non-disadvantaged owners receive salary and benefits greater than that enjoyed by disadvantaged owner(s)? YES I NO (If "YES," determine those involved and explain the reasoning behind same.) Has the firm ever used employees that were being compensated by another business to perform work? YES I NO (If "YES," explain who is involved, why and how often this occurs. Determine whether there are any on- going business relationships.) Who makes the following decisions? Overall Policy: Financial: Personnel: Bidding: Estimating: Field Supervision: Contracting: Marketing: Payroll: Administrative: 25 Do disadvantaged owners delegate any of these decisions? YES / NO (If "YES," determine to 1"'" i 3 why, decisions are delegated. Have these responsibilities been permanently delegated? YES / NO If ~ES," do disadvantaged owners have authority to terminate the designee? NOTES, LOANS AND EQUIPMENT Has the firm established a financial line of credit with a lending institution? YES / NO (If "YES," specify the size of the line, and explain how it is secured. Obtain a copy of the agreement). Has anyone, other than a disadvantaged owner, provided security or collateral to assist the firm in acquiring financing? YES / NO (If "YES," ascertain the amount of assistance or financing, the type and value of security pledged and obtain a copy of the finance agreement. Determine whether anyone is more at risk for business debt than disadvantaged owners, and why.) Has the firm ever used the equipment of another business to perform its work? YES / NO (If "YES," explain the circumstances and determine whether the other business invoiced the applicant for use of equipment.) 26 n - '-1 ---_. OBSERVATIONS / COMMENTS 1683" Describe the firm's offices, warehouses, shops, yards and related facilities. Is the firm identified with a sign? YES/NO Do disadvantaged owner's offices reflect their position? YES/NO Does the firm share office space with other firms? YES/NO Is there a lease for the firm's office/facilities? YES/NO Are there canceled checks for payment of rents? YES/NO Review payroll. Are employees being paid, and is compensation within prevailing wage rates? YES/NO Are 1099's being completed for independent contractors? YES / NO Review 3 months of canceled checks. Are disadvantaged owners in control of financial matters? YES/NO Review routine office correspondence. Does this indicate that disadvantaged owners are in control? YES/NO Review the firm's corporate records (i.e. stock certificates, transfer ledger, minutes, etc.). Do these support ownership, control and independence as portrayed in the DBE application? YES/NO Review the three largest contracts or bids, proposals, estimates, invoices etc. for the past year. Do these support the disadvantaged owner's control as well as business independence? YES/NO If the DBE application included code #220, "Material Supplier" or "Regular Dealer," does the firm meet the definition defined in Rule? YES/NO If the DBE application included "Trucking or "TRK," does YES/NO 27 -.----r-- the firm own and operate at least one truck? Review disadvantaged owner personal net worth statement(s). Does the statement support the claim of economic disadvantage in each case? YES/NO Does the firm possess the necessary personnel, equipment and other resources to perform the types of work listed on the DBE application? YES/NO Review the disadvantaged owner resumes. Are disadvantaged owners controlling critical areas in all types if work listed on the DBE application? YES/NO 1683 Outline and explain responses that raise concerns about the firm's ownership, control or independence. 28 REGULAR DEALER / MATERIAL SUPPLIER 1683~ Is the firm applying for DBE certification as a Regular Dealer or Material Supplier? YES / NO (If "YES," complete the remainder of this section.). What materials does the firm supply or propose to supply? Does the firm install or otherwise provide material related services at the job site? YES / NO What is the normal market for materials? (Are they available to the general public; bulk items; specialty items etc.?) Does the firm have an inventory? YES / NO (If "YES," obtain a current inventory.) How are materials delivered to the job site? Does the firm make any change to material items before they are sold and delivered? YES / NO (If "YES," explain the changes made.) 29 At what point in the ordering to delivery cycle does the firm assnme ownership of the goods or mater~sP 8 3 When materials are direct shipped to the job-sire, who makes arrangements, and who pays for shipping? Does the firm have it's own delivery mechanism and resources? YES / NO (If "YES," describe them. If "NO," explain how the firm intends to accomplish delivery.) Does the firm have a history as a Material Supplier or Regular Dealer? YES / NO (If "YES," review historical information regarding inventories, purchases, sales and deliveries). 30 ~~ ~ ".,.--'. TRUCKING FIRMS 16B3 Does the DBE application reflect that the firm will provide trucking or hauling (If "YES," complete the remainder of this section.) services? YES / NO (a) How many trucks does the firm own or lease long term, with an option to purchase? (Obtain copies of all Bills of Sale and titles or registrations) (b) How many trucks does the firm lease long term? (Obtain copies of lease agreements and vehicle registrations.) (c) How many CDL drivers are on the firm's payroll? (d) Are all of the foregoing vehicles regularly used in day-to-day trucking/hauling operations? YES / NO (If "NO," determine why not. If "YES," obtain copies of payrolls, trip tickets, maintenance andfuel records, etc. which support day-to-day usage, ONLY when there may be some uncertainty in this area.) (e) Does the firm have required insurance coverage on it's owned and leased vehicles? YES / NO (If "NO," explain how the firm intends to operate vehicles legally on roadways). Outline and explain any factors that you feel bear on whether the firm meets the requirements for trucking firms as set forth in Rule: 31 1683 STATE OF FLORIDA UNIFIED CERTIFICATION PROGRAM DISADVANTAGED BUSINESS ENTERPRISE (DBE) OWNER AFFIDA VIT I, , do solemnly sear or affirm that I am (Printed Name of Owner) a socially and economically disadvantaged individual, and that I am majority owner of . I have submitted an application for (Name of Business) certification as a Disadvantaged Business Enterprise (DBE) dated ,20_. I have, this day, reviewed the DBE application and supporting documents contained in my file, and I affirm that the information contained therein is true and correct. I have voluntarily represented my business at an On-Site Review conducted this date, and I affirm that the statements I have given are true. I hereby represent that my business is a Socially and Economically Disadvantaged Business as provided by law, subject to the provisions of Florida Statute 337.135, as amended, 1987. I further swear or affirm that I have been advised that a violation of Florida Statute 337.135 is a felony of the 2nd Degree, and is punishable as provided by law. ,20_ (Signature of Individual) (Date) Witness: (Signature) Witness: (Signature) 32 -I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .. L C 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT~ Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson line #5 . Office Initials Date 2. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office ---..-..-- PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was September 27, 2005 Agenda Item Number 16C3 Approved by the BCC Type of Document Satisfaction of Liens Number of Original 3 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 9/'1.7/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. N/A I: FormsI County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707440 OR: 3900 PG: 2966 *** RECORDED in OPFICIAL RECORDS of COLLIBR COUNTY, PL 09/29/2005 at 03:19PM DWIGHT E. BROCK, CLERK REC PEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH PLOOR BIT 7240 16C3 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Lien against: MacAlister Jennifer K MacAlister Stephen W 252 Benson St. Naples, FL 34113 The Lien was recorded on 14TH day of November 1994, in Official Record Book 2002, Page(s) 330, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Two Hundred Fifty Nine Dollars and Nine Cents ($2,259.09), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 14, BLOCK 1, TRAIL ACRES, UNIT 3, PER PLAT IN PLAT BOOK 3, PAGE 94, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 77314080000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this d.7'f1t day of ~Pr6"M&.~, , 2005. ATTEST:":""'" DWIG'HT E. BROCK\CLERK ~~: !:( ~tt~st\as to.hatr:.an's -:. slgnat",,!, ~li. Appro'ved as to form:.and Legal's!)lfi~ien<::Y:\' " ~6~~~ COUNTY ATTORNEY BOARD OF COUNTY COMMISS~ONERS COLLIER COUNTY, FLORIDA' AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING ;BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT ~ I,'." . ~w.~ FRED W. COYLE, CHAI AN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707441 OR: 3900 PG: 2967 *** RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 09/29/2005 at 03:19PM DWIGHT B. BROCK, CLBRK RBC PBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROPPICE 4TH PLOOR BXT 7240 16C3 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Lien against: Jackmack Jean C Jackmack Kenneth F 4810 Devon Circle Naples, FL 33962 The Lien was recorded on the 28TH day of July 1994, in Official Record Book 1971, Page(s) 918, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 14, BLOCK 7, UNIT 2, NAPLES SOUTH, COLLIER COUNTY, FLORIDA, AS RECORDED AMONG THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN PLAT BOOK 7, PAGE 68. FOLIO NUMBER: 6315012000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisJ. 7't1rJay of ~i>T1ank,e., 2005. -, ;1'~"" A TTESl:'.~' ,p , ' ' , , .~ " DWIGHT E: 'BOOCK, CLERK , ~.. ,~ !.._,.' BOARD OF COUNTY COMMIS.SIONERS, , COLLIER COUNTY, FLORIDA;' AS THE GOVERNING BODY OF CyLLlERGOlJNTYAND AS EX-OFFICIO THE GOVERNJNGBOARD OF THE COLLIER COUNTY WATE~-SEWER DISTRICT \:=l.i .:; ", ... " ' ('vJ 1, ',Attest .;::"~ ,C!'a 1naan', ~ ., "'ign.~~.~:~6n 11 Appr~riledastof~rh1 and Legal. sufficienCY: . ,,' '," " .-----J ~y1/ I ~~AVID C. EiGEL COUNTY ATTORNEY FRED~~~H~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707442 OR: 3900 PG: 2968 **~ RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/29/2005 at 03:19PM DWIGHT E. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THB BOARD INTEROFFICB 4TH FLOOR EIT 7240 16C3 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That 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, was the owner and holder of a certain Lien against: Shirley Holland and Debra Holland, his wife 3178 Lakeview Dr. Naples, FL 33962 The Lien was recorded on 13TH day of October 1994, in Official Record Book 1993, Page(s)1794, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty Dollars and No Cents ($1,340.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 2, BLOCK 7, GULF SHORES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, AT PAGE 50, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 993, PAGE 1738 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48174600000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this<<'71'1t day of ~f'rI:MIiE1< , 2005. A TTE$T:~\ ,) i: \~;- DW:j{3HTE. B80CKJCLERK .:;, ~'-,'.'- [X . ~ - . ,~ , , t , Attest as ,tq Cha 1 run . , "11gnat~re"on 1 J," Appr9vecl'as to form and Legal'stlffi~.lJcy': ' ~D~ c1:::::: ~ COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS' COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY A'ND AS EX-OFFICIO THE GOVf:RNING BOARD O~ THE COLLIER COUNTY VI/ATEFt'$EWER : DISTRICT " ~w~ FRED W. COYLE, CHAIR N ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLId 6 C 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only!f!!!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson line #5 . Initials Date 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Pam Callis Contact Agenda Date Item was September 27, 2005 A roved b the BCC Type of Document & Resolution Attached Phone Number Agenda Item Number Number of Original Documents Attached 403-2359 16C4 3 INSTRUCTIONS & CHECKLIST Initial the Yes colunm or mark "N/ A" in the Not Applicable colunm, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ~S by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully ~xecuted by all parties except the BCC Chairman and Clerk to the Board and ossibl. Sn,.te Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exc t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si tore and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 9/27/03 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. I: Fonnsl County Fonnsl BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1 . RESOLUTION NO. 2005 - 330 16C4 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 19457 Account No. 23906 This Resolution adopted this ~7f1o. day of ~-P;-G"M~J ,2005, after motion, second and majority vote. , ~.V A TT~ST: ." DWIGHT E. BR:OGK,t~LERK ~.~.L'Ci~,,~ ,.DC ~' At".~ a~~~ . S19"ltUrt"OR1,. Approved as to form and legal suf . 'ncy: ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W.C ~ FRED W. COYLE, CHA~AN- *** 3707450 OR: 3900 PG: 3003 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/29/2005 at 03:24PK DWIGHT E. BROCK, CLERK REC FBE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 *** 3707451 OR: 3900 PG: 3004 **~ RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:24PM DWIGHT B. BROCK, CLBRK RBC FBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 16C4 Property Folio No. 00740440001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Steedley, Troy L=& Charlotte 123 Steven Lane Naples, FL 339610000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 1251 26 UNREC LT 68 & 69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54 DEG W 1672.1 OFT, N 1841 .63FT TO Folio No. PROJECT NO. Account No. 00740440001 61000 19457 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~;11\ day of $E'PrEftt ~It.. J. 2005. " ,:'1 :',,' ATTEST: DWIGHT E BROCI('~LERK . ,. .iJ( BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ W. C~'" FRED W. COYLE, CHAIR N " This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 *** 3707452 OR: 3900 PG: 3005 **1 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:24PK DWIGHT E. BROCK, CLERK REC FBE 10.00 COPIBS 1.00 Retn: CLERK TO THB BOARD INTEROFFICB 4TH PLOOR BIT 7240 16C4 Property Folio No. 01208840003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Flynn, James=& Rosemary PO Box 492 Chokoloskee, FL 339250000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Seventy Four Cents ($104.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 245329 LOT 34 OF THE UNRECORDED PLAT OF PLANTATION ISLAND UNIT 2 MOBILE HOME SITES, OR 305-160, .14 AC OR 1622 PG 1645 Folio No. PROJECT NO. Account No. 01208840003 61000 23906 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .:nt1t day of ~f'rertliti~. ~ 2005. ATTEST:' DWIGHT E. BROCK, CL-GBK ~. /lC BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~.J W ~~ FRED W. COYLE, CHAIR N s '" , ' A ~~tano<;$\Tn' , and leg?1 sufficiency , ~ -~ ".; '.;v1~ I ~ David. gel County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J 6 C 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only.l!'!!!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the exc tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson ine #5 . Route to Addressee(s) Initials Date List in routin order -~-~-- ----.~.. 2. 3. 4. ...---" PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. .-~.,....~"'" 5. Sue Filson, Executive Manager Board of County Commissioners 403-2359 16C5 2 ~5 I: Formsl County Formsl BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 6. Minutes and Records Clerk of Court's Office Name of Primary Staff Pam Callis Contact Agenda Date Item was September 27, 2005 A roved b the BCe Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date pfBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBce approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 9/27/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. RESOLUTION NO. 2005- ~ ~ 1 16C5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 3573 This Resolution adopted this :(7-111 day of ~fJreM/3€f<. ,2005, after motion, second and majority vote. ATTESr:.,,> ',0~'i4I'i!~, DWIGl-iT E. BRd€K:t~kERK '. '.",. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~'u' s ' Ii g"at~e:l Qrtl)' Approved',as to form .and legal sufficiency: ~ tbn~ County Attorney /J2c BY: ~~W~ FRED W. COYLE, CHftl MAN *** 3707458 OR: 3900 PG: 3028 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:31PM DWIGHT B. BROCK, CLBRK RBC FBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFPICB 4TH PLOOR BXT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707459 OR: 3900 PG: 3029 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:31PM DWIGHT B. BROCK, CLERK RBC FBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 7240 16C5 Property Folio No. 00740440001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Steedley, Troy L=& Charlotte 123 Steven Lane Naples, FL 339610000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 1251 26 UNREC L T 68 & 69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54DEG W 1672.10FT, N 1841.63 FT TO Folio No. Project No. Account No. 00740440001 63000 3573 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~':71t-uay of Sen-eIhd€ft2.., 2005. ..,. ,~. ATTEST: DWIGHT~'. BRQ~K, ~ERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: A~ Lv C;;~}~ FRED W. COYLE, CHAIRM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L C 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA'J] rlti) Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only II!1t the Board has taken action on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, c lete the checklist, and forward to Sue Filson line #5 . Office Initials Date PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Pam Callis Contact Agenda Date Item was September 27, 2005 A roved b the BCC Type of Document Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office Phone Number Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 9/1.7105 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. 403-2359 16C6 3 I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2,24.05 16C6 RESOLUTION NO. 2005----3...12 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 2846 3612 This Resolution adopted this ~ 7;fl day of ~t'rEIltISt.,e. second and majority vote. , 2005, after motion, ATTEST.: ' ;:'; r, ,.; .. DWIGHT E. BROCK, CLERK . . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JlC- .. Attest "", WCr.a 'naan', 11 gnatureOfllJ BY: FRE~Y~: c~ Approved as to form and le~/~ ~avid C. Weigel -D County Attorney *** 3707468 OR: 3900 PG: 3074 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/29/2005 at 03:35PM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707469 OR: 3900 PG: 3075 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:35PM DWIGHT B. BROCK, CLBRK RBC FBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 7240 16C6 Property Folio No: 01208840003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Flynn, James=& Rosemary POBox 492 Chokoloskee, FI339250000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 245329 LOT 34 OF THE UNRECORDED PLAT OF PLANTATION ISLAND UNIT 2 MOBILE HOME SITES, OR 305-160, .14 AC OR 1622 PG 1645 Folio No. Project No. Account No. 01208840003 64000 3612 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this iJ7M day of Se-Pre-lHlkr+ 2005. ATTEST: ~ DWIG~T E. "B80CK.;"CLERK i .' , ..~ r , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~W. ~ FRED W. COYLE, CHAIRM Bi. A Attest 8S to Cha 1 nun " signature onl, Approved as to form an . ienCy~ -r David C. Igel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707470 OR: 3900 PG: 3076 *** RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 09/29/2005 at 03:35PM DWIGHT B. BROCK, CLBRK RBC FEB 10.00 COPIBS 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 16C6 Property Folio No: 00740440001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Steedley, Troy L=& Charlotte 123 Steven Lane Naples, FL 339610000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 1251 26 UNREC LT 68 & 69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54DEG W 1672.10FT, N 1841.63FTTO Folio No. Project No. Account No. 00740440001 64000 2846 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this r.J1i1c. day of u-fJre~-~ 2005. ^, ' J",f\ ATTEST: , ,bWIGHr'E. BRQCK,':CLERK , LQ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~W.(~ FRED W. COYLE, CHAI R - Atte~t as to Cha1rman', Ap~b~W'set<9.d>MT1 and I gal fficien~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J C THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU . Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only !lW: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sitmature, draw a line throullh routing lines #1 throulIh #4, corrmlete the checklist, and forward to Sue Filson 'line #5). Route to Addressee(s) Office Initials Date (List in routinll order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bec approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature arc to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Pam Callis Contact Agenda Date Item was September 27, 2005 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filsonin the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 9/27/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chao es, if a licable. 403-2359 16C7 3 N/A I: Fonnsl County Fonns/ BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2005- 333 16C7 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 3120 3845 This Resolution adopted this ,-7Htday of ~/Itt~ , 2005, after motion, second and majority vote. ATTEST: . .. DWIGHT E. BRQCK, CLERK 1~~Rs~.,J)C: s 1 gnature o'1'ly Approved as to form and legal f" cy: BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA ~ BY: FRED~Lt'6H~N~ *** 3707471 OR: 3900 PG: 3077 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:35PM DWIGHT B, BROCK, CLERK REC FEB 10,00 COPIBS 1.00 Retn: CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707472 OR: 3900 PG: 3078 *** RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 09/29/2005 at 03:35PM DWIGHT B. BROCK1 CLBRK RBC PBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROPFICB 4TH FLOOR ElT 7240 16C7 Property Folio No. 00740440001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Steedley, Troy L=& Charlotte 123 Steven Ln Naples, FL 341148411 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 1251 26 UNREC LT 68 & 69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54DEG W 1672.10FT, N 1841.63 FT TO Folio No. Project No. Account No. 00740440001 65000 3120 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~1~ay of ~t:. ,2005. ATTEST: DWIGHT 1=.. BROCK, CLERK - I' " " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA " \~. ," ..oc At~st Is,tOCha1rman's A pr.......OItJ and legal sufficiency ~~~ ~ DaVid C. elgel t" County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707473 OR: 3900 PG: 3079 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:35PM DWIGHT B, BROCK, CLBRK RBC FBB 10,00 COPIES 1,00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 16C7 Property Folio No. 01208840003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Flynn, James=& Rosemary PO Box 492 Chokoloskee, FL 341380492 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 245329 LOT 34 OF THE UNRECORDED PLAT OF PLANTATION ISLAND UNIT 2 MOBILE HOME SITES, OR 305-160, .14 AC OR 1622 PG 1645 Folio No. Project No. Account No. 01208840003 65000 3845 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thiscR~day of ';prYIkdett. ,2005. ., ....~ ," 0".'..., BOARD OF COUNTY COMMISSIONERS :~LLlER ~t3RI~ FRED W. COYLE, CHAIRM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 C 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board OffICe. The completed routing slip and original documents are to be forwarded to the Board Office only.lD!!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infmmation needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu h routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BeC approval. Nmmally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infmmation. AIl original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Pam Callis Contact Agenda Date Item was September 27, 2005 A roved b the BCC Type of Document Attached 2. 3. --- 403-2359 16C8 5 ~s N/A 4. 5. Sue Filson, Executive Manager Board of County Commissioners ~ ~S 6. Minutes and Records Clerk of Court's Office I: Formsl County Forms! BCC FonnsI Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Phone Number Agenda Item Number Number of Original Documents Attached solution 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a r riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 9/27/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chao es, if a licable. 2. 3. 4. 5. 6. RESOLUTION NO. 2005- 334 16C8 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier Cou nty: Account No. 3175 4077 6363 15875 3707474 OR: 3900 PG: 3080 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:35PM DWIGHT B. BROCK, CLBRK RBC FBB 18.50 COPIBS 2.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 7240 *** OR: 3900 PG: 3081 *** 16CB This Resolution adopted after this ~7fh1 day of ~ff~hll';;€~, 2005 after motion, second and majority vote. . ,"'t, ... ... ~ BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA A TIES): . DWIGHT ~. a,RoCK CLERK [;[ ~~ BY: .GV. C FRED . COYLE, CHAI N fib: ~,' Atte$t a;!, ~ .~4 tr Ap ro_dlMUttf~lmd legal suffi'ciency: . . ~ ~/ 1(' aVI C. W ~I County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707475 OR: 3900 PG: 3082 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:35PM DWIGHT B. BROCK, CLBRK RBC FBB 10,00 COPIES 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 7240 16GB Property Folio No. 00740440001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Steedley, Troy L=& Charlotte 123 Steven Ln Naples, FL 341148411 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 1251 26 UNREC L T 68 & 69 SUNSHINE MH PK DESC AS: BEG SE CNR OF SEC 12, S 335.26 FT TO PT ALG N R/W US #41, N 54DEG W 1672.1 OFT, N 1841.63FT TO Folio No. Project No. Account No. 00740440001 66000 3175 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~1t4day of ~/J1l?""&-R. ,2005. ~ t ATTEST: 'I DWIGH! E" BR6c~;.c~ERK R4 <~(Y .' () ()~ ^\r~^^ {\ [)C -0- J -re~"fs~~l A ~~'If't8,~blm and leg?1 sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ w. C~'" FRED W COYLE, CHAIRMA -- ~c y.--t r David C. W Igel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707476 OR: 3900 PG: 3083 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:35PM DWIGHT B. BROCK, CLBRK RBC FBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 16CB Property Folio No. 01208840003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Flynn, James=& Rosemary PO Box 492 Chokoloskee, FL 341380492 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 245329 LOT 34 OF THE UNRECORDED PLAT OF PLANTATION ISLAND UNIT 2 MOBILE HOME SITES, OR 305-160, .14 AC OR 1622 PG 1645 Folio No. Project No. Account No. 01208840003 66000 4077 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisa~ day of c;,cp,e:hll$~,e , 2005. ATTEST: DWIGHT E. BROCK, CLERK ~ ttest as ,[( A ,,~&(~ tMblm and legal sufficiency ~/~ r David C. efgel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA W. By: FRED W COYLE, CHAIRM This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707477 OR: 3900 PG: 3084 *** RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 09/29/2005 at 03:35PM DWIGHT B. BROCK, CLBRK RBC PBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BXT 7240 16CB Property Folio No. 29780800006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hallahan III, John J=& Teresa 1058 Highlands Dr. Naples, FL 341032349 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: DECKER HIGHLANDS BLK CLOT 6 OR 1476 PG 832 Folio No. Project No. Account No. 29780800006 66000 6363 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi&;)1*'day of~~IkUIe ,2005. ATTEST: DWIGHT E. BROCK. CLERK . .0- Attest as t Cha\rman s j:44f"t8l!!et<J)fd lJ11 and legal sufficiency BOARD OF COUNTY COMMISSIONERS :~LLlER~~ID~ FRED W COYLE, CHAIRMA ~ ~./'I Mavid C. i~1 County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3707478 OR: 3900 PG: 3085 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:35PM DWIGHT B. BROCK, CLBRK RBC FBB 10.00 COPIBS 1.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 16C8 Property Folio No. 39203520002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Heimer, Troy L Lee Heimer 261 12th ST SE Naples, FL 341173670 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 48 N 150FT OF TR 52 OR 1209 PG 1838 Folio No. Project No. Account No. 39203520002 66000 15875 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~7ftcday of~MJe ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS :~LLlER ~:X~RI~~ FRED W COYLE, CHAIRMA 1t? Attest IS to Cha t MIlan I . IS. p~wrtoOii'T and legal sufficiency f'6~r;2;;:: /( County Attorney 16C9 MEMORANDUM Date: September 29, 2005 To: Teresa Riesen, Revenue Manager Utility Billing & Customer Service Department From: Heidi Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2005-335 Enclosed please find one copy as referenced above, (Agenda Item #16C9), approved by the Board of County Commissioners on Tuesday, September 27, 2005. We have provided the Finance Department with a copy, and the original will be kept in the Minutes and Records Department for public record. If you should have any questions, please call me at 774-8411 Thank you. Enclosures --,..- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO TIlE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE C Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only JJW: the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exceotion of the Chairman's silmature, draw a line thrould routin2lines #1 throullh #4, comolete the checklist, and forward to Sue Filson ()jne #5), Route to Addressee(s) Office Initials Date (List in routin2 order) 1. David C. Weigel, County Attorney County Attorney's Office R..Z- q-:;..q-d5 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive sunnnary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Teresa Riesen Phone Number 403-2362 Contact Agenda Date Item was September 27,2005 Agenda Item Number 16C9 Aooroved bv the BCC Type of Document Resolution os- - 335 Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a r riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 9/27/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es if a licable. (2-2- N/A 2. 3. 4. 5. 6. ~~~ \~'tl- ~ I: Formsl County Forms! BCC Forms/Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C9 RESOLUTION NO. 2005 - 3...3.5..- RESOLUTION SUPERSEDING RESOLUTION 2004-305 AND ESTABLISHING THE FEES, RATES AND CHARGES FOR USE OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 84-31. WHEREAS, The Board of County Commissioners through County Ordinance No. 84-31 has implemented the user fee system for solid waste to all public and private users. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION 1: Resolution No. 2004-305 is hereby superseded in its entirety. SECTION 2: The following fee schedule is approved for all users of the Collier County Solid Waste Facilities: Landfill Fees: All fees are based on certified scale weight, per cubic yard fee, or per tire fee. No rounding. · Mixed loads of biomass (land clearing, plant trimmings and grass cuttings) and other waste shall not be accepted. · Residential Municipal Solid Waste (MSW): $36.24/ton · Commercial Municipal Solid Waste: $38.54/ton · Mixed Waste (non-MSW): $43.11 · ConstructionlDemolition Debris: $43.111ton · Residential Biomass: $23.37 . Biomass: $25.67/ton · Tires cut into 8 equal pieces: $43.111ton . Whole tires: $11 O.I1/ton · Clean fill greater than 6 inches in size suitable for use as backfill (pre- qualified): $7.36 · Car or truck tires: $4.00/tire 16" or larger size · Car or truck tires: $l.OO/tire l5"or smaller size · Large tractor or heavy equipment tires on per ton basis only: $110.11 · Clean soil material less than 6 inches in size (to be tested and pre- qualified): $6.83/ton - 16C9 · Clean source separated concrete material suitable for the artificial reef program greater than 3 cubic ft. (Requiring prep): $7.36/ton . Clean source separated concrete material suitable for the artificial reef program greater than 3 cubic ft. (ready for use): No charge . Mobile Homes: $165.58 Per unit . Vehicle weighing/ non-landfill customers: $5.00 · Service charges for Non-Sufficient Fund (NSF) Checks will be the face value ofthe check plus a service charge of$25, if the face value does not exceed $50, $30, ifthe face value exceeds $50 but does not exceed $300, $40. if the face value exceeds $300 , or an amount of up to 5 percent ofthe face amount of the check, whichever is greater. Definitions of Special Wastes: Special W asteI: Difficult-to-hand1e material requiring pre-acceptance site preparation (example: asbestos, ash, powders). $164.22/incident, plus 2 times applicable base rate. Special Waste II: Waste requiring special acceptance procedures, but no special site preparation. Two times applicable base rate, except sludge at $35.0Ilton, accepted only in emergencies for Collier County Utilities. Special Waste III: Wastes that are prohibited by law or regulation for the landfill, but are deposited at Landfill working area and must be removed by contractor (example: whole tires, white goods, lead-acid batteries) $15.26 per item. Recycling Center Fees $5.00/use/automobiles and station wagons both full-size and compacts (less than )t2 cubic yard) $9.00/cubic yard/trucks, trailers, vans (volume rounded to nearest yard) (more than )t2 cubic yard) Car or truck tires: $4.00/tire 16" or larger rim size. Car or truck tires: $1.00/tire 15" or smaller rim size. Large tractor or heavy equipment tires accepted only at landfill. Electronics Residential: No charge. Electronics Commercial: $3.00 per item after the first three items. Fluorescent bulbs - All types: $.30 per item after the first 10 items. HID Lamps: $1.00 per item after the first 10 items. Ballasts: $2.00 per item after the first 10 items. Items containing Freon: $5.00 Special handling charge. 16C9 WAIVER OF FEES FOR LITTER AND CLEAN-UP PROJECTS Pursuant to Board of County Commissioners direction, BCC Agenda 7/31/01, 16C (3), neighborhood clean-up events will be limited to $4,000.00 per clean-up event, semi-annually. Public Utilities Administrator may authorize waiver of landfill tipping fees for these events. If estimated tipping fees exceed $4,000.00 the requesting party must appear before the Board of County Commissioners for approval. RESIDENTIAL COLLECTION AND DISPOSAL FEES Solid Waste Collection. Disposal and Administrative Fees Service District Number I: (Waste Management, Inc. Service Area) Assessment for curbside trash collection twice weekly, collection of Program recyclab1es once weekly, collection of yard trash once weekly and bulk items / white goods once weekly, is $153.70 for Fiscal Year 2006. Solid Waste Collection. Disposal and Administrative Fees Service District Number II: (Immokalee Disposal Company Service Area) Assessment for curbside trash collection twice weekly, collection of Program recyclables once weekly, collection of yard trash once weekly and bulky items / white goods once weekly, is $144.26 for Fiscal Year 2006. Special ReQuest Backdoor Service: Service District Number I and Service District Number II; $391.29 per year in addition to the annual assessment for the unit. Recycling Cart Fees: Each residential unit is provided an initial container at no charge to the unit owner. Carts must remain with the residential unit regardless of change of unit ownership. Unserviceable carts must be presented in exchange for replacement carts. Replacement of carts due to loss or negligence of the residential unit is to be paid for by the customer at a cost of approximately $50.00 per cart. Standard Roll Cart Fees: Each residential unit is provided an initial container at no charge to the unit owner. Containers will remain with the residential unit regardless of change in unit ownership. Replacement of containers due to normal wear will be provided by the franchisee. Unserviceable containers must be presented for exchange. Replacement of containers due to loss or negligence of the residential unit will be paid by the customer in an amount equal to the franchisee's cost for the container, plus a $10.00 delivery fee. Each customer is entitled to one change of container size at no additional cost. A delivery charge of $1 0.00 will be paid by the customer for additional changes in container size. Customers requesting an additional container will pay an amount equal to the franchisee's cost, plus a $10.00 delivery fee. The County replaces containers that are stolen. COMMERCIAL COLLECTION AND DISPOSAL FEES Service District Number I: - Mandatory multi-family recycling collection fee is $.95 per-unit per- month. Service District Number II: - Mandatory multi-family recycling collection fee is $.98 per-unit per- month. Commercial Can Account - District I: - A 96-gallon container collected twice a week is $12.81/month or $153. 70/year. If a customer needs more than one container due to lack of space for a dumpster, each additional container is $ 12.811month or $153.70 year. The cost of disposal to be paid to the Solid Waste Trash Collection and Disposal Program for disposal per month is $4.40/month or $52.70/year per cart. This amount is to be paid monthly by Waste Management. Commercial Can Account - District II: - A 96-gallon container collected twice a week is $ 12.02/month or $ 144.26/year. If a customer needs more than one container due to lack of space for a dumpster, each additional container is $ 12.02/month or $144.26 year. The cost of disposal to be paid to the Solid Waste Trash Collection and Disposal Program for disposal per month is $4.40/month or $52.70/year per cart. This amount is to be paid monthly by Immokalee Disposal. 16C9 Recycling carts for clubhouses in areas where there is residential curbside collection shall be charged at the multi-family recycling rate; .95 per month or $11.40 per year. RATES FOR SUPPLEMENTAL RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE Residential Curbside Customers - District I/WMIF: Rear door service for non-handicapped customer Extra pick-up service (e.g., for move-in or move-out debris) $45.00 per unit/month $75.00, plus $10.00 for each item of bulky waste or white goods No charge $10.00 delivery per exchange First request to exchange trash cart for a different size Subsequent request to exchange trash cart for a different size Commercial Customers - District I/WMIF: Additional unscheduled pickups Same rate as routine collection service in commercial rate resolution per container SIze No charge No charge No charge No charge Opening and closing doors and gates Unlocking and locking gates Changing containers for increases and decreases in service Exchanging the container for a different size, if requested more than two times in one year Rolling out the container from an outside enclosure and returning it to its original location WMIF privacy lock bar set-up No charge Replacement fee for damaged lock bar $10.00 per month (per bar) $50.00 one-time fee (per bar) $10.00 one-time fee (per lock) $67.00 each time $25.00 per container $90.00 per container $275.00 per compactor container $75.00 per hour, plus all parts (@cost plus 15%) $35.00 for first item, plus $10.00 for each additional item WMIF locks for containers Re-instatement fee (i.e., returning container (s) after service stopped Loading container (i.e., bagged MSW outside container) Pressure washing 2, 4, 6 and 8 yard container) Pressure washing roll-off compactor container (s) at time of service Maintenance of customer-owned container (s) Collection of bulky waste and white goods (note: WMIF may decline to provide this service, and ifWMIF Does, the customer may obtain this service from any other person) Residential Curbside Customers - District II/ID: In yard service for non-handicap Extra pick-up service $60 per unit/year $50 plus $5.00 for each bulk item (white goods) Commercial Customers - District II/ID: Extra pick-up service Same rate as routine collection service in comnaercialrate resolution per container SIze $10.00 per month $35.00 per occurrence a year $10.00 per month $50.00 per bar $10.00 per lock $40.00 per container Unlocking and locking gates Exchanging container for a different size if more than 2 times Lock bar set up Replacement for damaged bar Lock for containers Pressure washing containers 16C9' Pressure washing roll-off compactor Re-Iocating customer owned containers Maintenance of customer owned containers Collection of bulk items and white goods $150.00 per container $25.00 per occurrence $50.00 per hour plus all parts @ cost $10.00 first item, $5.00 each additional item $67 each time Re-instatement fee (i.e., returning container/s after service stopped) COMMERCIAL AND RESIDENTIAL EXEMPTIONS All commercial and residential exemptions approved will require a semi-annual inspection of all vehicles. Cost per year for commercial and residential exemptions will be $50.00 per inspection or $100.00 per year. Commercial Disposal Fee: See Attached Schedules (4 pages) - Attachment No.1 SECTION 3: The effective date of this Resolution shall be October 1,2005. This Resolution adopted this 27th day of September 2005 after motion, second and majority vote. " I' ATTEST:: DWIGHT E. B~bCK.C1erk - . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .~ ~.., l !', " ,Jlc , '''''0 '," ", i \ \'AtteS\\\a~" toCha \ra61\ , ',~ ,I tgnature 001 J 1/.1) By: .A..l W, ~ FI{ED W. COYLE, Ch' an Approved as to form and Ie al suffi. cy: ~ / r David C. Wei e1, County Attorney Item # J (0 c.. 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPI 6 C\ 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only IJkI: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, c lete the checklist, and forward to Sue Filson ine #5 . Office Initials Date 2. 3. 4. 5. Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive sununary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the 6. Minutes and Records Clerk of Court's Office item.) Name of Primary Staff Pam Callis Phone Number 403-2359 Contact Agenda Date Item was September 27, 2005 Agenda Item Number 16CII Approved bv the BCC Type of Document Satisfaction of Lien Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a r riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 homs of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 9/~7/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. ~ N/A 2. 3. 4. 5. 6. ~~ ~~ I: FonnsI County FormsI BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 3707492 OR: 3900 PG: 3165 RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 09/29/2005 at 03:46PM DWIGHT B. BROCK, CLBRK REC FEE 18.50 COPIES 2.00 Retn: CLBRK TO THE BOARD INTEROFFICB 4TH FLOOR BIT 7240 16Cl1 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Brigitte R. Simon, a unmarried woman Whose mailing address is 101 Sugarloaf Lane Naples, FI 34114 Bearing the date of the 16th day of July 1999, recorded in Official Record Book 2571 Page(s) 1748, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 61, WEST WIND MOBILE RESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, OF RECORD IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, AS AMENDED, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO. TOGETHER WITH THAT CERTAIN 1985 FLEETWOOD/GREENHILL MOBILE HOME, SERIAL #FLFL2AE363206195, TITLE #41180396, AND SERIAL #FLFL2BE363206195 AND TITLE #41180400. FOLIO NUMBER: 81622440009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~(-rl\ day of ~frt:.~U(2.. , 2005. . , ATJ~;3;r::: : ". _ : 1D.>fiIQHT EBROGK, CLERK ~ ilL ,Ii\ . Attest as to Cha 1 naan . S i,; S 1 gnoture on 1 y Approvea as to form and legal ~./7 ~a~id C. w igr County Attorney *** OR: 3900 PG: 3166 *** 16Cl1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS.TftE;'/i'illl GOVERNING BODY OF COUJER : L' . 1,/" COUNTY AND AS EX-OFFIC1QTHE \, GOVERNING BOARD OF THE COLLIER ' COUNTY WATER-SEWE8 DISTF-1JCT ~w~. FRED W. COYLE, CHAIR - -i\J:,.:..' ORIGINAL DOCUl\1ENTS CHECKLIST & ROUTING SLIP TO ACCOlVIPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY CO.MMISSIONERS OFFICE FOR SIGNATURE Prinl on pink paper. Altach to original document Original documenlS should be hlllld delivered 10 the BOlII'd Office. The completed routing slip and original documents are 10 be forwarded to the Board Office only !!k!: the Boord has tlken action on the ilem.) ROUTING SLIP eomplete routing lines #1 through 1#4 as appropriate for additiOnal signatures. dates. and/or information needed. If the documenl is a1re:ldy complete wilh the exce tion of lhe Chairman's si ature. dr:1w a line throu h routin lines #1 throu #4. com lete the checklisl.and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (USI in rouun order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The prilt1ll.ry conll1ct is the holder of the original documenl pending Bee approval. Normally the primary conlllct is the person who created/prepared the execulive summary. Primary conlllct information is needed in lhe evenl one of the addressees above. including Sue Filson. need to conlllCI slllff for additional or missing information. All original documenlS needing the Bee Chail1lllln's signature are to be delivered to Ihe Bee office only after the Bee has acted [0 approve the item.) 6. Minutes and Records Clerk of Court's Office Name of Primary Staff "1'hc", De~sQ, Phone Number ,7<; - 8'0'13 Contact Agenda Date Item was '}. :1.,. OS Agenda Item Number 1(P-C.-13 Approved by the BCC Type of Document Con~..t Enc.roo.c.~~,^ t Number of Original C>l Attached To Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions. etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. ':Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception). the original document ~nd this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a IIcable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. 1':p t-l/l\ Tp \1' NIA I: Fonnsl eounty Fonnsl Bee Fonnsl Original DocumenlS Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 SelO 02 05 04:3710 Thom~5 N Silve~m~n P.R. 561 775-7503 10.3 => =- .-. <--J "'" "'" "... <.J "'" "'" ...:.e "'" C'J -- :>< ClO "... = c::> :=> = c::> <.J """ "'" "'" "'" "'" 0--'1 (..? >- <::> = ~ ." <=> "'" m "'" = E- <.J :r.:: "'" e> "'" >-< 0::: ::... 0--'1 = C) ...; >-< "'" <.J ~>:: L.C") >-< C'~J "... co, c::> "... -. = ,-y, ~ = ~ <V ..<::: .o,J c::> ....... '" r-- Co .~ -..... =- m = = r--J "'" -~ '''' """ <Yo =- = - <.J =- "'" .- "'" :::c Cl ~ "'" """ ...; = = "'" = "'" "... <.J .-1 = "... <-0 E- "'" = =- ~. :::.:: p::: c::o Co "'" "'" -+-" p.q E"- e- (lJ .-::I = :><t 0::: t...,.) .....-1 ~ CONSENT TO ENCROACHMENT 16~.rfj .T~~s Consent to ~nccoachment (hereinafter referred to as the "Consent") is made this ~ day of S~t-t..M.~ ,2005 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTI~ICT, its successors or assigns, (hereinafter referred to as "District') and PINE RIDGE ASSOCIATES, tTD. and PINE RIDGE ASSOCIATES II, L TO., both Florida limited' partnerships, their successors or assigns, (hereinafter jointly refern=:d to as "Owner"). WITNESSETH: WHEREAS, Oistrct is the owner of certain Utility Easements recorded in Official Records Book 1715 at Page 2107 and Official Records Book 1715 at Page 2097 of the Public Records of Collier County, Florida (hE!reinafter jointly referred to as "Easement") on certain real property legally described in Official Records Book 3063 at Page 2298 and Official Records Book 3328 at Page 1907 of the Public Records of Collier County, Florida (hereinafter jointl" referred to as the "Property"); WHEREAS, the Owner, or its predecessors has placed or erected certain improvements and struc':ures, including but not limited to trees, shrubs, sidewalks and parking areas which encroach over and upon the Easement (hereinafter referred to as the "Encroachments"); and WHEREAS, Owne,r is requesting the District to acknowledge and consent to the Encroachments. NOW, THEREFOI~E, in consideration of the foregoing recitals and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, District and Owner hereby agree as follows: 1. Recitals. The foregoing recitl';lls are true and correct and are hereby Incorporated by reference herein as though fully set forth at length. 21: District's Consent to Encroachments. District acknowledges and consents to the Encroachments within the Easement alrea shown on the Land Title Survey dated June 1"4, 2002 and prepared by Hole, MontEtS, a copy of which is attached hereto as Exhibit "A" and made a part hereof; provided, however, District retains the unrestricted and unobstructed right to add to, maintain, repair or replace facilities located within the Easement. "'" = = 0--'1 "... 3. Owner's Ou-ties / Responsibiliti4~s. Owner. its successors and assigns, agrEl'es (i) not to erect or a !low to be erected further improvements and structures within the Easement that are not currently shown 011 attached Exhibit "A", without the express written consent of District, (ii) to hold Dil~trict harmless for the removal of any improvements required to effect repairs to water utilities located within the Easement, and (iii) that in the event District adds to, maintains or repairs its facilities in the Easement, any and all costs to repair or replace the Encroachments remain with the Owner (or Owner's successors or future owners or occupants of the Property). Owner further agrees, for itself and its successors or assigns, that Owner, its successors or assigns, shall release, incemnify and hold the District harmless from and against any and all oblis;Jations, claims, liabilities, expenses and/or fees (including reasonable attorneys' fees and court costs), including personal injury or property damage arising out of the use of the EasHment Area by Owner, its contractors, agents, employees or invitees, at any time while the Encroachments remain within the Easement Area. m 00 c:::> c:::> ~ p.., m c:::> ~ m p.:: C> Si"'p 02 05 04:37p Thom~~ N Silvi"'~m~n P.R. 561 775-7503 p.4 ! a 16 . ...~,13 4 MiscelhanE-ous. The terms and provisions of this Consont supersedEl:~Y terms and provisions to the contrary contained in the Easement. Except as expressly provided herein, the terms and provisions 01' the Easement shall remain in full force and effect. This Consent shall Inure to the benefit of the Owner and its successors and/or assigns. undersigned has signed and sealed this instrument dn >4 t .' '..'~~~~.; UJ~.{':II .~\,... . '1'--',#/ BOARD OF COUNTY COMNIISSIQJlIERS '\ OF COLLIER COUNTY FLORII:;)At-~'AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVeRNING BOARD OF THE COL.LIER COUNTY WATER-SEWER DISTRICT . ~w.(~. Fred W. Coyle Chairman IN WITNESS WHEREOF, the the date first above writ1en. ATTEST: DWIGHT E. BROCK, Clerk '" . ... ,~'\ '.. r{:J~ . . . . . . . k-6 ~> " , , By: Its: Signed, Sealed and Delvered In the presence of: j) /1 IlJjW ~/hI/H.JYl) iI P ~:0.)~' Signed, Sealed and Delivered In the presence of: uP By: / \.;..~ c,,_'''' Its: O""NER PINE RIDGE ASSOCIATES, LTD., a Florida limited partnership By: NDC REALTY INVESTMENTS, INC., a Pennsylvania corporation MaFJ~ng General Partner f/t/~~~~ William E. Balsinger President Its: By: Its: PINE RIDGE ASSOCIATES, II, LTD., a Florida limited partnership By: NDC REALTY INVESTMENTS, INC., a Pennsylvania corporation Ma~,:,g)f'g General Partner W/~,/1.;Z~ William E. Balsinger President Its: By: Its: ., , ~lll~e{^~~nc~ . .J. .. t.-~ 'J'''''''' l' .:?'l~ :.".1'"" ,-, 'I"~"~""'" ,,", ..P :v""A:' ~ ....\,,/~>"~ t" .~ '.'..,' '-' / ___- ,___,"" ...,.... ~,....L-.~,-,' _^;~....__ -:~-'::~ _~':.:'~,~,~...4.,..~._,.,.,~~--,...~..'''''.~ .~ ' i\;,shC<11l'C \..0lJih.1 r\\..tOrll...y at"rJltI/;)- ~ . ~.. · II [I [I I I !i~i:i:~ i8~IH ~li6:1 I i r ~ ~ ~ ~ ~~ ~ "i " < . .,~~ - Air ~ , \ p p p '.,~~ ': I "~f'ci' ~E ..loa 0 0 ~ J .' Ii o r f'l I ~ , Z I ~ ~~l ~(llll ~'I'::!~ ~ tl1r~ . I'~ j~. ~.. ::; o ~. _ 0'< > r -l > "'- > o If) ~ ~ Z o -l =i r fTl If) C ;:u < fTl -< ihh!~ @ t 'C 'I . ~ ! J ~ ~" ." I .. t '" .'lJ, ~~ ,~ ~ "! J. ~ . t' ~ rJ > ~ ~i n ~~~~ J ~~ .. ". '<~ .! " ~. i . ~ ~ ;~ "Urn ~X (1):::I: I-~ ir !,Jim COUGAR ("II. 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PIN E o. ..~;:: '.~'~!~:'L.~;=~i~~2~~l~"= R 0 A D ( C,R. 896 ) 18 ~~ ,,~ I. .' } ,J 1 SftI~t~r~ ~ RID G E :':.J -~~~'"-=~'~-'"--""~.--..............._-~.-----~ _ _~~"Il.~___'''' 'I .1(( '.J_IUS II'!"'_~,- . ..--. -- *** OR: 3903 PG: 0084 *** MEMORANDUM Date: October 4, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Hole Montes, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures (3) 16Cl~ 16C14 Memorandum DATE: September 28,2005 O~f^\~~ TO: Sheree Mediavilla, Risk Manager Risk Management Department FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Hole Montes, Inc. This Contract was approved by the BCC on September 27,2005; Agenda Item l6(C)l4. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED DATE RECEIVED SEP 29'2005 RISK HAHAGEHEHr ITEM NO.: DA TE RECEIVED: OS-- tRc- 00319 16C14 ,,))~HCE UF rHE \,-,\.HJJ\JTY ATTORNE:y 2005 srp 30 P/1 4: 37 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: September 28,2005 To: Robert Zachary Assistant County Attorney From: LynM. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #05-3785'''Fixed Term Utility Engineering Services" Contractor: Hole Montes, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27, 2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. cC-~ 11,0 /0 /' "7 Contract 05-3785 16C14 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into this ~day of ~ 200 5", 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 Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is 950 Encore Way, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16Cl~ CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such . Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 16C14 terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 16C14 1.5 CONSULTANT hereby designates Ronald E. Benson, Jr., Ph.D., P.E. as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 16C14 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 16C14 conventions (Le. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced' without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 ARTICLE 3 OWNER'S RESPONSIBILITIES 16C14 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 16C14 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 16C14 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 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 16C14 of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 16C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2;3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 16C14 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 16C14 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 16C14 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 ARTICLE 9 INSURANCE 16C14 , 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 16C14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16C14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16C14 require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 16C14 termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 16C14 the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16C14 the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 0, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16C14 as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 16C14 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 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: Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Telephone: 239-254-2000 Fax: 239-254-2097 Attn: Ronald E. Benson, Jr., Ph.D., P.E. 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 16C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule 0 TRUTH IN NEGOTIATION CERTIFICATE A-24 16C14 ARTICLE 18 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 16C14 "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: -'\ t 1~",' DwightE. Brock, ,Clerk ..~." ,',: .Q...(l~ (Jlc. By . . '. :' \.7{ ~~te:(tbhL~;(Qro5 . '. Atte$t ,~,t:o 'thairun , ", s 1,QI\:ature O{\ T 1 , , 1 ~ "i'" j "~ Approved as tCi form and legal suffici nc . ~ I) I ~~4'AY 1 111- Wit~ Q~!j<O ~ ~ A-27 16C14 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, ~w. c+ By: Fred Coyle, Chairman Hole Montes, Inc. BY:~ ~ Ronald E. Benson, Jr. Senior Vice President Typed Name and Title Item # t(o C- \ '{-- 16C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: Hole Montes, Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I $ Task II $ Task III $ TOTAL FEE $ Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Hole Montes, Inc. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16C14 SCHEDULE B RATE SCHEDULE Professional Hourlv Fee Principal $175.00/hr Chief Engineer $160.00/hr Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineerl Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer $ 90.00/hr Associate Engineerllnspector $ 75.00/hr CAD Technician $ 65.00/hr Technician $ 45.00/hr Support Clerical, other support $ 60.00/hr $ 50.00/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B TPA#1971265.5 Fixed Term PSA B-1 PRODUCER Lutgert Smith Lesher-Naples 1395 Panther Lane PO Box 112500 Naples FL 34108 Phone:239-262-7171 Fax: 239-262-5360 INSURED Hole Montes J_ Inc. 950 Encore way Naples FL 34108 COVERAGES ACORD. CERTIFICATE OF LIABILITY INSURANCE DA (M HOLEM-l 09/23/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAlC # 39357 INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: Travelers Property & C..ualty .orth River :Insurance COllpany FCCI Insurance Company 24570 Continental C..ual ty COlllpany "THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO "THE INSURED NAMED ABOVE FOR "THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMEf'lT, TERM OR CONDITION OF ANY CONTRACT OR O"THER DOCUMEf'lT WITH RESPECT TO WHICH "THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, "THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL "THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRJ: TYPE OF INSURANCE POLICY NUMBER DATE (MM/ODIYY) DATE (MMlDDIYY) LIMrTS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 f-- A X X COMMERCIAL GENERAl. LIABILITY I660235X3704 01/01/05 01/01/06 PREMISES (Ea occurence) $ 100,000 f-- b CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 I-- X Contractual Liab PERSONAl. & /'DV INJURY $1,000,000 GENERAl. AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 ""I /Xl PRO- nLOC POliCY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 A ~ ANY AUTO 810-588Y8065 01/01/05 01/01/06 (Ea accident) ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - X HIRED AUTOS BODILY iNJURY - (Per accident) $ X NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDEf'lT $ R ANY AUTO O"THER l1-WII EA ACC $ AUTO ONL Y: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 B KJ OCCUR D CLAIMS MADE 5530856796 01/01/05 01/01/06 AGGREGATE $5,000,000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X Ir6'R\t:~I'fs livER C EMPLOYERS' LIABILITY 11003 01/01/05 01/01/06 EL EACH ACCIDEf'lT $ 500000 ANY PROPRIETORIPARlNERlEXECUTIVE OFFICERlMEMBER EXCLLOED? EL DISEASE - EA EMPLOYEE $ 500000 If yes, describe under EL DISEASE - POLICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER D Professional AEA113988730 01/01/05 01/01/06 Per Claim $2,000,000 Liability Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Contract 05-3785: Fixed Term utility Engineering Services. Collier county is included as additional insured as respects contract listed above. CERTIFICATE HOLDER COLLC-l CANCELLATION SHOULD IWY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRfTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF At>('( KIND UPON THE INSURER, rTS AGEr-rTS OR REPRESEr-rTATlVES. AUTHORI REP SEr-rTATIVE Collier County Government Attn: Lyn M. Wood 3301 E. Tamiami Trl Naples FL 34112 ACORD 25 (2001/08) @ACORDCORPORATION 1988 16C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified 'in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. . (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion .of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional'iability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16C14 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hole Montes, Inc. 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. Hole Montes, Inc. BY: /2A . --z:- TITLE: Sut/~ V:'u f~<;0- 11'1.-~/O) DATE: D-1 16C14 MEMORANDUM Date: October 4, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: TBE Group, Inc.. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures (3) ITEM NO.: "I 6 C 14 ..l-;{'L_ {IL I'H,r' '.,';, I IvL VI r- DATE RECEIVEiiOUNTY ATTORNEY FILE NO.: C)5 -I't<.e- l:!)Q3eQ~ 20DSOCT-4 AM 4:08 ROUTED TO: DO NOT WRITE ABOVE TIDS LINE REQUEST FOR LEGAL SERVICES Date: September 30, 2005 To: Robert Zachary Assistant County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: TBE Group, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C- V ~'? 'L1/~ , D ./ 16C14 Memorandum TO: .l. ~~ September 30, 2005 V 'i Sheree Mediavilla, Risk ManagD ,-0 Risk Management Department DATE Rtf.eEl VEO OCT - 1 2005 RISK MANAGEMENT DATE: FROM: LynM. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: TBE Group, Inc. This Contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED Contract 05-3785 16C14 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into thiS~y of .J.jJiftJ)( !u;;~ 2005 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 TSE Group, Inc., authorized to do business in the State of Florida, whose business address is 3350 Woods Edge Circle, Suite 103E, Bonita Springs, Florida 34134 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provIsions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. " NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 16C14 terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 1.5 CONSULTANT hereby designates Thomas T. Jones, PE, DEE as 1 ~nCpl i!-tharge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 16C14 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 16C14 conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc) , and adhere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 16C14 ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 16C14 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 of such delay, stating the specific cause or causes thereof, or be deemed to !v~wgvl!t right which CONSULTANT may have had to request a time extension for that specific delay. 4.3 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provIsion. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 16C14 of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 16C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 16C14 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 16C14 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSU L T ANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 16C14 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 ARTICLE 9 INSURANCE 16C14 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 16C14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16C14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16C14 require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 16C14 termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 16C14 the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16C14 the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 0, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16C14 as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 16C14 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: TBE Group, Inc. 3350 Woods Edge Circle, Suite 103E Bonita Springs, Florida 34134 Telephone: 239-992-0732 Fax: 239-992-0168 Attn: Thomas T. Jones, PE, DEE 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 16C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and cond itions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule 0 TRUTH IN NEGOTIATION CERTIFICATE A-24 ARTICLE 18 APPLICABLE LAW 16C14 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 16C14 "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: . ,.:'. '. ~ \,., "1(1:,"" , '. Dwight E. Broyk, C).erk' ;~_. By~,:Q ~~ ,Q Date~ ~~I~ At.t~~tas tOi .'MlP ' s 1 gnatJIre' on 1,. . y <. I" 'I' Approved as to form and ..----? legal sufficienc . ~ r ~r Witness A-27 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, 16C14 ~~w.~ By: Fred Coyle, Chairman :::~t Robert G. Brown, PE -SeniQr Vi0e President Typed Name and Title Item # tlDCl AgendiJ -al -IV:::- Date l U ) ~:~~ lD -4 -DS- ( . ~ 16C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: TBE Group, Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I Task II Task III Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: TBE Group, Inc. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16C14 SCHEDULE B RATE SCHEDULE Professional Hourly Fee Principal $175.00/hr $160.00/hr Chief Engineer Senior Project Manager/Senior Design Engineer $140.00/hr Project ManagerlSenior Engineer/ Senior Planner Project Engineer $120.00/hr $100.00/hr $ 90.00/hr $ 75.00/hr $ 65.00/hr $ 45.00/hr Engineer Associate Engineer/lnspector CAD Technician Technician Support Clerical, other support $ 60.00/hr $ 50.00/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B TP A# 1971265.5 Fixed Term PSA B-1 Client#: 3103 TAMPBAY3 ACORD1M CERTIFICATE OF LIABILITY INSURANCE DA TE (MMIDDIYY) 09/28/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Suncoast Insurance Associates P.O. Box 22668 Tampa, FL 33622-2668 813 289-5200 TBE Group, Inc. 380 Park Place Blvd. Suite 300 Clearwater, FL 33759 INSURERS AFFORDING COVERAGE INSURER A United States Fidelity & Guaranty INSURER B: XL Specialty Insurance Company INSURER C St Paul Fire & Marine INSURED INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITiON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _."-'-~- . --..-- .--.-..--....---.----- --~ . -. -..--- - .. --- I~f~ TYPE OF INSU~A~- - - POLICY NUMBER P8k'P:,~~~gJ.:.~~ P%~fll"!,rJg~1i$,N ----- LIMITS A GENERAL LIABILITY LlcOM M ERCIAL GENERAL L1AB ILlTY _.=:=1 CLAIMS MADE .1L OCCUR BK01413156 06/30/05 06/30/06 EACH OCCURREtoJC~__ .. !J,QOO,OOO FI.RED",~A_G~(".nyone .f'r."L_ .!!,09!lJOOO _~EQ.EXP (Anyone person) 51Q,!lQQ_____ PER~ON.-"L_& !-DVIt-J~R-"'- __ 51,000,000 ___ ___ _~NE.R_A..L"'C;Q.R_E(;A~___g,O.QQ,O.Q()_ PR(JDUCTS_~C;OMPIOfO_"'_GC;_$~J OQO ,QQQ_ GEN'L AGGREGATE LIMIT APPLIES PER: -I POLICY n mg: n LOC C AUTOMOBILE LIABILITY - X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS CA06614422 06/30/05 06/30/06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY .-.J ANY AUTO ! AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG $ ,. $9,000,OO_IL__ ,..$9,00MQO__ 5 A EXCESS LIABILITY BK01413156 06/30/05 06/30/06 EACH OCCURRENCE AGGREGATE - - -~_.- X OCCUR -_. CLAIMS MADE -- =l DEDUCTIBLE RETENTION 5 5 -- --_._----_.-------_._-_._------~-------~._- ---...- i BOTHER DPR9408058 111/26/04 Professional . Liability i DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made and reported basis. RE: Renewal of Contract # 03-3465, "Annual Contract for Traffic Engineering Consulting Services" The Certificate Holder is also Additional Insured with respects to the General Liability, Automobile Liability and Excess Liability policies. 11/26/05 Xi WC STATU- OTH- ITORY LIMITS ER EL_EAC.f1.ACXIDENT $1,000,O()0 EL. DISEASE - EA E.M'pJ:.Cl_),~ $1,000,00()_ EL DISEASE - POLICY LIMIT $1,000,000 $5,000,000 Each Claim $5,000,000 Ann Aggr C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WVA7720349 06/30/05 06/30/06 CERTIFICATE HOLDER AD DITIONAL INSURED 'INSURER LETTER' CANCELLATION -. SHOULD ANYOF TH E ABOVE 0 ESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 311._._ DAYS WRITTEN Purchasing Dept. NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT. BUT FAILURE TO DOSOSHALL Support Services Division 1M POSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON TH E INSURER,ITS AGENTS OR 3301 East Tamiami Trail Bldg G REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE twf.,l.'r' h\. Cxgf{~t;;;:?.......... ACORD 25-5 (7/97)1 of2 #S111765fM106730 KJS @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97)2 of 2 #Sll1765/M106730 16C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any Insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16C14 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, TSE Group, Inc. 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. TSE Group, Inc. ~K BY: TITLE: Senior Vice President DATE: September 28. 2005 - 0-1 16C14 MEMORANDUM Date: October 7, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Carollo Engineers P .C. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures (3) FILE NO.: uf+'\CE Uf rHt \ni \~ITv ATIORNE"< DATE REdEWED:1 05- fl<e - ~3~ ( 'lunSOCI-4 M~ 3: 42 16 C14. ITEM NO.: ROUTED TO: . -.DO.NOl' WRITE ABOVE-.Tms. LINE- REQUEST FOR LEGAL SERVICES Date: September 30, 2005 .~0\~\)~ ~c,~ To: Robert Zachary Assistant County Attorney From: LynM. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Carollo Engineers P.C. BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER CO:MMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 16 C14 Memorandum TO: September 30, 2005 ~ :RL, ~ Sheree Medi.villa, Risk Manager t) ~~ \ \ Risk Management Department \ DATE RECEIVED OCT - 1 2005 RISK HAHAGEHENT DATE: FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Carollo Engineers P.C. This Contract was approved by the BCC on September 27, 2005; Agenda Item l6(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED Contract 05-3785 16C14 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into thiS~Y of ~JtBu 200.s:; 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 Carollo Engineers P.C., authorized to do business in the State of Florida, whose business address is 401 North Cattlemen Road, Suite 306, Sarasota, Florida 34232 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 16C14 terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 16 C14 1.5 CONSULTANT hereby designates Robert S. Cushing, Ph.D., P.E., DEE as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 16C14 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 16C14 conventions (Le. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 ARTICLE 3 OWNER'S RESPONSIBILITIES 16 C14 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 16C14 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 16C14 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 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 16C14 of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 16 C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 16 C14 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 16C14 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 16 C14 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 ARTICLE 9 INSURANCE 16C14 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 16 C14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C. must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16 C14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16 C14 require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 16 C14 termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 16 C14 the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16 C14 the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 0, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16C14 as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 MODI FICA TION 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 16 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: A-22 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 16C14 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: Carollo Engineers, P.C. 401 North Cattlemen Road, Suite 306 Sarasota, Florida 34232 Telephone: 941-371-9832 Fax: 941-371-9873 Attn: Robert S. Cushing, Ph.D., P.E., DEE 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 16C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule 0 TRUTH IN NEGOTIATION CERTIFICATE A-24 ARTICLE 18 APPLICABLE LAW 16 C14 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 "A person or affiliate who has been placed on the convicted vendor list 16 C 1 4 following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: , .t' . ... !, fi' DW~;:'~~oC.~CI(Il: "n ." ,{)C ay[ (j ~dj"llA; ~ I Date.~ .~ 7( :JJJO~ Atwst 'as to,Clla\rmaR , s i gn.ot'ure'on 11 Approved as to form and legal sufficiency: ()OVC!) ~m ~~iUL Assistant County Attorney ~,+KG, a..t""C Witness dJ1Nz/ ~~ Witness A-27 BOARD OF COUNTY 16 C 1 4 COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, ~w.r~~ By: ---- 0'--- Fred Coyle, Chairman Carollo Engineers, P .C. By~/'~, % .. .,' ~.., ""._' ,r',,, ;;:~'."_. DEE Partner Item # Ho CJ \{- 16C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: Carollo Engineers, P.C. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I Task II Task III Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Carollo Engineers, P.C. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16 Cl ~ WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: Carollo Engineers, P.C. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I T ask II Task III Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "AU of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Carollo Engineers, P.C. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16 C14 SCHEDULE B RATE SCHEDULE Professional Hourly Fee Principal $175.00/hr $160.00/hr Chief Engineer Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner Project Engineer $120.00/hr $100.00/hr $ 90.00/hr $ 75.00/hr $ 65.00/hr $ 45.00/hr Engineer Associate Engineer/I nspector CAD Technician Technician Support Clerical, other support $ 60.00/hr $ 50.00/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B TPA#1971265.5 Fixed Term PSA B-1 16 C14 SCHEDULE B RATE SCHEDULE Professional Hourly Fee Chief Engineer $175.00/hr $160.00/hr Principal Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer $ 90.00/hr CAD Technician $ 75.00/hr $ 65.00/hr Associate Engineer/Inspector Technician $ 45.00/hr Support Administrative Assistant, Secretary $ 60.00/hr Clerical, other support $ 50.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B TPA#1971265.5 Fixed Tenn PSA B-1 16 C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16 C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16 C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16 C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBREllA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16 C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16 C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 .. , -~ I ~l ~~~ =:TT ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP ID ~~ u';-t CAROLlO- II- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown Insurance of AZ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2800 N. Central Ave. , #1600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85002-2800 Phone: 602-277-6672 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Cas & Surety Co Amer INSURER B: Travelers Llovds Ins Co. Carollo Engineers P.C. INSURER C: Travelers Indemnity Co of CT 25682 Risk Man~ement Office 3033 Nor 44th St 101 INSURER 0: Great American Insurance Co. 0255 Phoenix AZ 85018 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRr TYPE OF INSURANCE POLICY NUMBER PD~~~J~fJ8tW;E Pgk!fEY(~*Xb'b"J!RN L1M ITS GENERAL LIABILITY EACH OCCURRENCE $1000000 - A X X COMMERCIAL GENERAL LIABILITY 6300188B39404 12/31/04 12/31/05 DAMAGE. $ 500000 PREMISES (Ea occurence) I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 20000 Contractual Liab EXCLUDING PROF LIAE PERSONAL & ADV INJURY $ 1000000 - - (SEPERATE POL) GENERAL AGGREGATE $ 10,000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG , $ 2000000 --r il PRO- n i POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1000000 A ~ ANY AUTO 810995K500804 12/31/04 12/31/05 (Ea accident) f--..-..------- B ALL OWNED AUTOS CAP995K5008(TEXAS) BODILY INJURY - $ SCHEDULED AUTOS i (Per person) -- .- X HIRED AUTOS BODILY INJURY ,'- $ ~ NON-OWNED AUTOS (Per accident) ,.- --~_._--~.---~---"---- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ t'l ANY AUTO --~-- OTHER THAN EA ACC ' $ I -- AUTO ONL Yi AGG $ i h~CESS/UMBRELLA l.IABILlTY EACH OCCURRENCE $ 1000000 ---- D X _I OCCUR L i CLAIMS MADE TUU5595799 12/31/04 12/31/05 AGGREGATE $ 1000000 --.---.... I Excess of $ fx DEDUCTIBLE ---_.....~----_. I Automobil $ --.--.---- f----. X RETENTION $10000 Work Como $ WORKERS COMPENSATION AND xJT~~l~I~W~ I IUE'H' ER I EMPLOYERS' LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE UB995K342104 12/31/04 12/31/05 E.L EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE: $ 1000000 If yes. describe under _n.__ _~.__ ____~_ SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ 1000000 I OTHER I ADDITIONAL INSURED DOES I NOT APPLY TO WORK caMP DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *Except for 10 Days for Non-Payment of Premium; Except for the Workers Compensation coverage. Project: Fixed Term Utility Engineering Services - Contract 05-3785. Carollo Project No. Not Yet Assigned. Collier County, Florida, Board of County Commissioners is named as additional insured as respects to the General Liability per form CGD247 (10/02) . Waiver of CERTIFICATE HOLDER CANCELLATION COLLCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlO DA TE THEREOF. THE ISSUING INSURER TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Collier County Florida Board of County Commissioners 3301 E. Tamiami Trail Naples FL 34112 ACORD 25 (2001/08) @ACORD CORPORATION 1988 16 C14 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Subrogation applies to the General Liability per form CGD186(11/03) and the Workers Compensation per form WC000313 (00) . Severability of Interest included in policy conditions for all policies. COMMERCIAL GENERAL UABlP C 1 4 Policy # 630-0188B394-04 Carollo Ene:ineers. P.C. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): Collier County, Florida, Board of County Commissioners PROJECT/LOCATION OF COVERED OPERATIONS: Fixed Term Utility Engineering Services, Contract 05-3785. Carollo Project No. Not Yet Assigned 1. WHO IS AN INSURED - (Section II) is amended to include the person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location shown in the Schedule. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits ofliability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits ofliability required by such contract or agreement. This endorsement shall not increase the limits stated in Section III - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. C) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products-completed operations CGD2471002 Copyright, The Travelers Indemnity Company Page] of2 COMMERCIAL GENERAL LIABILl6 C 1 4 hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period oftime required by such contract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (l)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement~ This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CGD247 1002 Copyright, The Travelers Indemnity Company Page 2 of2 6300188B394"4 16 C14 Carollo Engineers. p.e. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general cOverage description only_ Limitations and exdusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to detennine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Damage To Premises Rented To You Extension . Penls of fire, explosion, lightning, smoke, water . Limit increased to $300,000 C. Blanket Waiver of Subrogation O. Blanket Additional Insured - Managers or Lessors of Premises E. Blanket Additional Insured - Lessor of Leased Equipment F. Incidental Medical Malpractice G. Personal Injury - Assumed by Contract H. Extension of Coverage - Bodily Injury PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Ilem 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority in- terest on the effective date of the policy_ However, coverage for any such organization wilt cease as of the date during the policy pe- riod thaI you no longer maintain ownership of, or majority interest in, such organization 2. WHO IS AN INSURED (Seclion "litem 4.a. is deleted and replaced by the foHowing: a. Coverage under this provision is afforded only untillhe 180th day after you acquire or form the organization Of the end of the poliCY period. whichever is earlier, unless reported in writing to us WIthin 180 days. 3. This Provision A. does nol apply (0 any per- son or organization for which coverage is ex- cluded by endorsement CG 01 86 11 03 l. Injury to Co-Employees and Co-Volunteer Workers J. Aircraft Chartered with Crew K. Non-Owned Watercraft -Increased from 25 feet to 50 feet L. Increased Supplementary Payments . Cost for bail bonds increased to $2,500 . Loss of earnings increased to $500 per day M. Knowledge and Notice of Occurrence or Offense N. Unintenlional Omission O. Reasonable Force - Bodily Injury or Property Damage .. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE li- ABILITY (Section I -- Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulling rrom such fire, explosion, or lighlning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section III). 2. This insurance does not apply to damage to premises while rented to you, or temporarily Copyright. The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permissiOfl of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or sweUing of the contents of any building or structure, caused by or resulting from wa- ter; c. ExplOSion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part 6. of LIMITS OF INSURANCE (Section Ill) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You limit is the most we will pay under COVERAGE A.. for damages be- cause of .property damage" to anyone prem- ises while rented to you, or temporarily occu- pied by you with permission of the owner, caused by fire, explosion, lightning, smoke resulting from such fire, explosion, or light- ning, or water. The Damage To Premises Rented To You limit will apply to all damage proximately caused by !he same .occur- rence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. The Damage To Premises Rented To You Limit Will be the higher of: 3. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V}, Paragraph a. of the definition of "insured contract" is amended so that it does not include that por- tion of !he contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- :;Ion of the owner. caused by: a. Fire; b. Explosion; c. Lightning: d. Smoke resulting from such fire, explosion. or lightning; or e. Water 5. nl;S Provision B. does not apply jf coverage for Oamage To Premises Rented To You of Pane 2 of 5 .. ....-----.-.----1.6-C 14 COVERAGE A BODilY INJURY AND PROPERTY DAMAGE LIABILITY (Section I _ Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations perfonned by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed 10 do so as part of a written contract, executed by you prior to loss. O. BLANKET ADDITIONAL INSURED - MANAG- ERS OR lESSORS OF PREMJSES WHO IS AN INSURED (Section II) is amended to indude as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contrad, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that. part of any premises leased to you, subject to the fol- lowing provisions: 1. Limits of Insurance. The limits of insurance afforded to Ihe additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" Ihat takes place after you cease 10 be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement: or c. Structural. al~erations, new construction or demolition operations perfonned by or on behalf of such additional insured. 3. The insurance afforded to Ihe additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written conlrClct for this insurance to apply on a pri- mary or conlribulory basis. E. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with Copyright, The Travelers Indemnity Company, 7003 CG 01 86 11 03 whom you haV8 agreed in a written contract, 8)(e- cuted prior to loss, to name as an additional in- sure<!, but only with respect to their liability arising out of !he maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject to the following provisions: 1. limits of Insurance. The limits of insurance afforded to the additional jnsured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any .occurrence" that takes place after the equipment lease expires; or b. "Bodily injury" or "property damage" aris- ing out of the sole negligence of such ad- ditional insured_ 3. The insurance afforded to lhe additional in- sured is excess over any valid and coUeclible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or conbibutory basis_ F. INCIDENTAL MEDICAL MALPRACTICE 1. The definition of "bodily injury" in DEFINI- TIONS (Section V) is amended to include "'n- cidental Medical Malpradice Injury". 2.. The following definition is added to DEFINI- TIONS (Section V): "Incidental medical malpractice injury" means bodily injury, mental anguish, sickness or dis- ease sustained by a person. including death resulting from any of these at any time, aris- ing out of the rendering of, or failure to ren- der, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advic:-e or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental. or surgical supplies or appliances: or c. Firsl aid. d. "Good Samaritan services" As used in this Provision F., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and CG 01 86 11 03 .--------.--.1-6-C-14 COMMERCIAL GENERAlllABIUTY for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not appfy to any registered nurse, licensed practical nurse., emergency medical technician or paramedic employed by you, but only while perfonnlng the services desCfibed in paragraph 2. above and while acting- within the scope of their em- ployment by you. Any -employees" rendering .Good Samaritan services- will be deemed to be acting within the scope of their employ- ment by you. 4. The following exdusion is added to paragraph 2. Exdusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section 1- Coverages): (This insurance does not apply to:) Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applica- ble limits of insurance, any act or omission. together with all related acts or omissions in the furnishing of the selVices described in paragraph 2. above to anyone person, wifl be considered one .ocaurence". 6. fhis Provision F. does not apply if you are in the business or occupation of providing any of the services described in paragraph 2. above 7. The insurance provided by this Provision F. shall be excess over any other valid and col- lectible insurance available to the insured. wt1ether primary, excess. contingent or on any other basis. except for insurance pur- chased specifically by you to be excess of this policy. G. P~HSONAl INJURY - ASSUMED BY CON~ TRACT 1. The Contractual Liability Exclusion in Part 2., Exclusions of COVERAGE B. PER- SONAL AND ADVERTISING INJURY LIABIL- ITY (Section I - Coverages) is deleled and replaced by the following (This insurance does not apply to') Contractual Liability "Advertising injury" for which the insured has assumed liability in a contract or agreement This exclusion does not apply to liability for Copyright. The Travelers Indemnity Company, 2003 Page 3 of 5 COMMERctAL GENERAl LIABILITY damages that the insured would have in the absence of the contract of agreement. 2. Subparagraph f. of the definition of "insured contract" (DEFINITIONS - Section V) is de- leted and replaced by the following: f. That part of any other contract or agree- ment pertaining to your business (indud- ing an indemnifICation ot a municipality in connection with work performed for a . municipality) under which you assume the tort liability of another party to pay for "bodily injury," "property damage" or "per- sana I injury" to a third party or organiza- tion. Tort fiability means a Iiabijjty that would be imposed by taw in the absence of any contract or agreement 3. This Provision G. does not apply if COVER- AGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY is excluded by endorse- ment. H. EXTENSION OF COVERAGE - BODilY IN. JURY The definition of "bodily injury" (DEFINITIONS _ Section V) is deleted and replaced by the follow. ing: "Sodily injury" means bodily injury, mental an. guish. mental injury, shock, fright, disabilily, hu- miliation, sickness or disease sustained by a per- son, induding death resulting from any of these at any time. I. INJURY TO CO-EMPLOYEES AND CO. VOLUNTEER WORKERS 1. Your "employees" are insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct <?f your business, provided that this coverage Foi:" your "employees. does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2, Your "volunteer workers" are insureds with respect to "bodily injury" to a co-"volunleer worker" while performing duties related 10 the conduct of your business, or to your "employ. ees" in the Course of the "employee's" em. ployment by you. provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the coo. duct of your business. Page <1 of 5 16 Cl-4 3. SUbparagraphs 2.a.(1)(a~. (b) and (e) and 3.a. of WHO IS AN INSURED (Section II) do not apply to "bodily injury" tor which insurance is provided by paragraph 1. or 2. above. J. AIRCRAFT CHARTERED WlTH CREW 1. The following is added to the exceptions con- tained ill the Aircraft, Auto Or Watercraft Exclusion in Part 2., Exclusions of COVER- AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1- Coverages): (This exclusion does not apply to:) Aircraft chartered with crew 10 any insured. 2. This Provision J. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision J. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary. excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this poHcy. K NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu. sian in Part 2_. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Provision K. applies to any person who, with your expressed or implied consent. either uses or is responsible for the use of a water- craft. . ..~....... 3. TheinstJrance provided by this Provision K shall be excess over any other valid and col. lectible insurance available to the insured. whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically hy you 10 be excess of this policy_ L. INCREASED SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAY- MENTS - COVERAGES ^ AND B (Section I _ Coverages) are amended as follows: 1. In Part b. the amount we will pay for the cost of bail bonds is increased to $2500. Copyright, The Travelers Indemnity Company. 2003 CG 01 86 11 03 . 2. In Part d. the amount we wilt pay for loss of eamlngs is increased to $500 a day. M. KNOWLEDGE AND NOnCE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCiAl GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The EVent of Oc- currence, Offense, Claim or Suit}: Notice of an .occurrence. or of an offense which may result in a daim under this insur- ance shaH be given as soon as practicable af- ter knowledge of the .occurrence. or offense has been reported to any insured listed under Paragraph 1. of Section II - Who Is An In- sured or an .employee. (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice. Knowledge by other -employee{s)" of an .oc- currence" or of an offense does not imply Ulat you also hal/e such knowledge. 2. Notice shall be deemed prompt if given in good faith as Soon as practicable to your workers' compensation insurer. This applies only if you sUbsequently give notice to us as soon as practicable after any insured . listed under Paragraph 1. of Section" - Who Is Ail Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice disCOIIers that the "occurrence", offense or daim may involve this policy. 3. However, this Provision M. does not apply as respects the specific number of days within CG 01 86 11 03 16C14 1 i 1 t I j :~ COMMERCIAL GENERAL ltABIUTY which you are required to notify us in writing of the abrupt commencement of a discharge, release Of" escape of .pollutants. which causes "bodily injury" or "property damage" which may otherwise be covered under this policy. N. UNINTENTIONAL OMISSION The following /s added to COMMERCIAl GEN- ERAL llABIUTY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. How- ever, this Provision N. does not affect our right to collect additional premium or to exercise our right of cancel/ation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. O. REASONABLE FORCE - 800ll Y INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion in Part 2., Exclusions of COVERAGE A 80Dll Y INJURY AND PROPERTY DAMAGE lIABIUTY (Section I - Coverages) is deleted and replaced by the following: (This insurance dose not apply to:) Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use Of rea- sonable force to protect persons or property. Copyright, The Travelers Indemnity Company, 2003 Page 5 of 5 16C14 Carollo Engineet's. P.C.. UB9951042104 ~ Travelers~~~~.z J WORKERS COMPENSA liON AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC DO 0313 (00)- POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. SCHEDULE DESIGNATED PERSON: Collier County, Florida Board of County Commissioners DESIGNA lED ORGANIZATION: DATE OF ISSUE: ST ASSIGN: PRODUCER Hilb Rogal & Hobbs Professional Practice 2030 Main Street Suite 350 Irvine, CA 92614 1-949-729-0777 9/2 /0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORD", CERTIFICATE OF LIABILITY INSURANCE Insurance Brokers, Inc. INSURERS AFFORDING COVERAGE INSURED Carollo Engineers P.C. Risk Management Office 10540 TALBERT AVENUE, SUITE 200 EAST INSURER A: Ace American Insurance Com an FOUNTAIN VALLEY, CA 92708 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: TYPE OF INSURANCE POLICY NUMBER ~1-.f.,Y EFFECTIVE POLICY EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 1 CLAIMS MADE D OCCUR MED EXP (Anyone person) $ e-- PERSONAL & ADV INJURY $ e-- GENERAL AGGREGATE $ n'L AGGRnE LIMIT APFlS PER: PRODUCTS - COMP/OP AGG $ POLlCy~r,9,: LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO I (Ea accident) e-- e-- ALL OWNED AUTOS BODILY INJURY (Per person) $ e-- SCHEDULED AUTOS e-- HIRED AUTOS BODIL Y INJURY (Per accident) $ e-- NON-OWNED AUTOS [- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ r:loccuR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~~T~r#;, I IOJ~- EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT $ I E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ I OTHER A : Professional Liability EONG21656495002 07/04/05 07/04/06 Per Claim $2,000,000 I Retroactive Date Unlimited Aggregate $2,000,000 I Deductible $200,000 DESCRIPTION OF OPERATlONSIlOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Fixed Term Utility Engineering Services - Contract 05-3785 Carollo Project #: Not yet assigned. CERTIFICATE HOLDER I I ADDmONAL INSURED; INSURER LETTER: CANCELLATION 10 Days Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Florida DATE THEREOF, THE ISSUING INSURER WILL ~X~J4JMAIL ~ DAYS WRITTEN Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~IItX~~X Purchasing Building XlXIl>>IIiU>>lli~XWlJUa~IDUlXl>~~~I!iJ!X 3301 Tamiami Trail ~~~~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~.~ I USA ACORD 25-S (7/97) DebbieR 3413368 @ACORD CORPORATION 1988 Powered By CertificatesNow TM 16 Cl ~ SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires pnor to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be' deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16 C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16 C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBilE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16 C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBREllA LIABILITY (1) Umbrella Li~bility may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16 C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16 C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agfees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in considefation for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER Of OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16 C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16 C14 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Carollo Engineers, P.C. 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. Carollo Engineers, P .C. ~-- BX; _,. ~;../>.~...:/ ~==----- TITLE: r~,"" NC. DATE: G\ -:l-r-o'; 0-1 ORIGINAL DOCUMENTS CHECKLIST & RQUTII~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN THE BOARD OF COUNTY COMMISSIONERS OFFICE irOR 4 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exception of the Chairman's simature, draw a line throulU routinalines # 1 throuah #4, comnlete the checklist and forward to Sue Filson nine #5). Route to Addressee(s) Office Initials Date (List in routin2 order) 1. 2. 3. 4 Colleen M. Greene County Attorney CMG 10/11/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lyn M. Wood C.P.M. Phone Number 732-2667 Contact Agenda Date Item was September 27,2005 Agenda Item Number 16 (C) 14 Approved by the BCC Type of Document Contract #05-3785 "Fixed Term Utility Number of Original Five (5) Attached - Agreement Engineering Services" Contractor: Hartman Documents Attached and Associates, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a r riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chainnan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on SeDtember 27. 2005 and all changes CMG made during the meeting have been incorporated in the attached document. The Co un Attorne 's Office has reviewed the chan es, if a Iicable. CMG CMG I: FonnsI County Fonnsl BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 C14' MEMORANDUM Date: October 12, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Hartman and Associates, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) 16 C14 't' Memorandum DATE: September 28, 2005 J ~ 0iI7t Dr- D\Y \ I ( "r.CE:IVED Sheree Mediavilla, Risk Manager n.\':l.,i\ \0 SEP 29'20 Risk Management Department v'\J' '05 ,~'\ ~, RISK AU1IJl j'D'b- . Ij:'FJ 'II'U'fRGEMENT Lyn M. Wood, C.P.M. \'\<1' Contract Specialist ,,'f \_\.\ . . \\)\ Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Hartman and Associates, Inc. TO: FROM: RE: This Contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED ITEM NO.: 0r!t~F ql4 " l.;OUNTY ATIORNEY FILE NO.: 05- P/?C- 00318 DA TE RECEIVED: Z005 SEP 30 PH~: 2 I ROUTED TO: DO NOT WRITE ABOVE TillS LINE REQUEST FOR LEGAL SERVICES Date: September 28, 2005 To: or V~ Assistant County Attorney &V Lyn M. Wood, C.P.M. ~.19 fA I Contract Specialist.rf\ ~. . r-.~\J 732-2667 ~ \ \~ ~~''''J ~\ ~'" Contract #05-37~ "Fixed Term Utility Engineering Services" Contractor: Hartman and Associates, Inc. Or 1 uVttto Robert Zachary From: Re: BACKGROUND OF REQUEST: L \p <i <1'/1 O\S. . \ D\'fJ ~ ,D\\ f5 c0' This contract was approved by the BCC on September 27, 2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. Contract 05-3785 16 C14 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into this Jt:day of S~ 2005, 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 Hartman and Associates, Inc., authorized to do business in the State of Florida, whose business address is 201 East Pine Street, Suite 1000, Orlando, Florida 32801-2723 (hereinafter referred to as the "CONSUL TANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 terms of the understanding reached by the parties with respect to,suchle~ceC ld ~oth parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 , 16C14 1.5 CONSULTANT hereby designates Charles W. Drake, P.G. as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 CONSULTANT agrees that all services to be provided by CQNsl.6rC14t 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 conventions (Le. right-of-way - ROW, centerlines - CL, edge-of-pavement - JOcCald 4.here to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 16 C14 ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 Upon request from CONSULTANT, assist CONSU L TINP b~ L~g at (c) CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 of such delay, stating the specific cause or causes thereof, or be deel Ph~lbed any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 of the Agreement period have been completed. This Agreement may be l.6e.clkdditional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 16 C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 5.3 CONSULTANT shall bear and pay all overhead and other expelPeklfb- authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 16 C14 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 16 C14 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 16 C14 ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 16C14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16C14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16C14 require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 16C14 termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 16C14 the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 the applicable Work Order. If the Services are so stopped for a period 1.f>h~ld4nd twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 as set forth in each subsequent issued Work Order, if any, and any additils ~e~tJs~1 be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 16C14 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: Hartman and Associates, Inc. 201 East Pine Street, Suite 1000 Orlando, Florida 32801-2723 Telephone: 407-839-3955 Fax: 407-839-3790 Attn: Charles W. Drake, P.G. 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 17 MISCEllANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 17.4 Waivers by either party of a breach of any provision of this Agreemelh6 nC 1 h.med 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 ARTICLE 18 APPLICABLE lAW 16 C14 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 16C14 "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: DwighJJoo~~lfk, Clerk ~~ ~;';::' . j:~.'..."'.:'~.""'~:'" ..... (0-( By.""","" . D~te: "16~b~itis- :7-'~ ~_ " ~,j . _ r "J "',,>~j4 ~'~11r11U.S 'lf~!~~~~\OrilJ d i 1.' Approved as to form and legal sufficiency: C 02~m.~t;UL Assistant County Attorney cur)QL L flWU Witness J&^-fG/~ "Witness A-27 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, 16 C14 By: ~ w. r ~ ~('J Fred Coyle, Chairman --- 0'......... Hartman and Associates, Inc. BY:~W~ Charles W. Drake, Vice President Typed Name and Title Item #\LaC ~ ~~~;dQ "d "l-O' <-" 16C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: Hartman and Associates, Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Hartman and Associates, Inc. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16 C14 SCHEDULE B RATE SCHEDULE Professional Hourly Fee Principal $175.00/hr Chief Engineer $160.00/hr Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer $ 90.00/hr Associate Engineer/Inspector $ 75.00/hr CAD Technician $ 65.00/hr Technician $ 45.00/hr Support Administrative Assistant, Secretary $ 60.00/hr Clerical, other support $ 50.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B TPA#1971265.5 Fixed TenD PSA B-1 PRODUCER ACORDTII CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 09 3;72005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 877-945-7378 Willis North America, Inc. 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 - Regional Cert Center INSURERS AFFORDING COVERAGE NAIC# INSURED Hartman & Associates, Inc. 201 East pine St. Suite 1000 Orlando, FL 32801 INSURER A: ACE American Insurance Company 22667-011 INSURERB: Continental Casualty Company 20443-002 INSURERC: Indemnity Insurance Company of North Amer 43575-001 INSURERD:American International Specialty Lines In 26883-000 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~~ ~~~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LIABILITY HDOG21724798 10/1/2005 10/1/2006 EACH OCCURRENCE $ 1.000.000 X COMMERCIAL GENERAL LIABILITY ~~~~ff,~~9ta~~J~~nce\ $ 1 000 000 l CLAIMS MADE [i] OCCUR MED EXP (Anyone person) $ 100 000 .1L Contract Liab. PERSONAL & ADV INJURY $ 1 000 000 ~X,C,U Coveraqe GENERAL AGGREGATE $ 2 000 000 n'L AGGRE~E LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 2 000 000 POLICY X ~~R;: LOC B ~TOMOBILE LIABILITY BUA2074970365 10/1/2005 10/1/2006 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 .1L ANY AUTO .1L ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - LX- HIRED AUTOS BODILY INJURY (Per accident) $ eJL NON-OWNED AUTOS I-- PROPERTY DAMAGE $ (Per accidenl) ==rAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY XOOG22912100 10/1/2005 10/1/2006 EACH OCCURRENCE $ 5 000 000 ::iJ' OCCUR 0 CLAIMS MADE AGGREGATE $ 5.000.000 $ ~ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WI SCFC44335207 10/1/2005 10/1/2006 X I ,YXr~TAT~;:, I IOJ~- EMPLOYERS' LIABILITY T RY IMIT C ANY PROPRIETOR/PARTNER/EXECUTIVE AOS WLRC44335244 10/1/2005 10/1/2006 E.L. EACH ACCIDENT $ 1.000.000 A OFFICER/MEMBER EXCLUDED? WLRC44335219 10/1/2005 10/1/2006 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 Ii yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1.000.000 D OTHER 000001952583 10/1/2005 10/1/2006 $5,000,000. Each Claim Professional $5,000,000. Aggregate Pollution/E&O Legal Liab. $ 250,000. Retention Claim Max. Claim durinn nolicv vear DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Contract# 05-3785 - Fixed Term Utility Engineering Services. Collier County is deemed as additional insured with respect to General Liability and Auto Liability as required by contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Collier County Attn: Lyn M. Wood, Purchasing Dept. 3301 E. Tamiami Trail Naples, FL 34112 ACORD 25 (2001/08) Coll:1417193 Tpl:415850 Page 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Coll:1417193 Tpl:415850 Cert:6262416 16C14. SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16 C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16C14 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hartman and Associates, Inc. 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. Hartman and Associates, Inc. By:~0/~ DATE: VI Cb-- -FR.B I u-~ 9/;9/D5 { / TITLE: D-1 16 C14. MEMORANDUM Date: October 10, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Boyle Engineering Corporation Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures (3) 16C14 Memorandum DATE: October 3, 2005 0'" o {.\ \)'" "f/ \.(i5) Sh M d. '11 R' k M o~5x.. eree e laVI a, IS anager "",b..~' ",. ~~~ Risk Management Department v'.. \ 1) ~ -"\ ~~~~ \)\.. " ~~ , ~\S't-- TO: FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Boyle Engineering Corporation This Contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED ITEM NO.: .i :}. { IF I'HE 1 6 C 1 4 "'. ii )\.\-r<t.Ai'TORNE\ DATE RECEIVED: -r-' 6 P~l'i 3: II ij:.l - FILE NO.: 05- f~e - ()03~ 9 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 3, 2005 To: Robert Zachary Assistant County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Boyle Engineering Corporation BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. U~L, e-. "1 / [) .,,- ( Contract 05-3785 16Cl~ Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into this ;;Ji."'day of 3~ T~M b-v- 200 5,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 Boyle Engineering Corporation, authorized to do business in the State of Florida, whose business address is 4415 Metro Parkway, Suite 404, Fort Myers, Florida 33916 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 16C14 terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 16 Cl ~ 1.5 CONSULTANT hereby designates Douglas H. Eckmann, P.E., DEE as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 CONSULTANT agrees that all services to be provided by CONSUL TANf pgs~n'J.t~hiS 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 16C14 conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 16 C14 ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 16C14 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 16C14 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 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" proVIsion. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 16 C14 of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 16C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 16C14 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 16C14 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 16C14 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 16C14 ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 16 C14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16C14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16 C14 require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 16 C14 termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 16 C14 the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16C14 the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S wr!tten notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 TRUTH IN NEGOTIATION REPRESENT A liONS 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16C14 as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 16 C14 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: Boyle Engineering Corporation 4415 Metro Parkway, Suite 404 Fort Myers, Florida 33916 Telephone: 239-278-7996 Fax: 239-278-0913 Attn: Douglas H. Eckmann, P.E., DEE 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 16 C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 16C14 ARTICLE 18 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWN ER of and is in compliance with the terms of Section 287.133(2)( a) of the Florida Statutes which read as follows: A-25 16 C14 "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: . ~: .:-\ /~ ; t Dwight E. ~~o~~I,erk '.':-:. BY:~'~' ,~cWl~( Da~:b~)()r~~ . A\teSt as to Cha 1rmclR . , signature ooh : Approved as to form and legal suffi . n ~ -aI~ Witness: Douglas H. Eckmann, PE Principal Engineer/Assistant Managing Engineer ~..LA- 4.AJ.. 1.. Witness: Robert H. Garland Branch Manager/Principal Engineer A-27 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, 16 C14 7uJ-w. ~ By: Fred Coyle, Chairman Boyle Enaineerina Corporation vatore D'Angelo, Typed Name and Title Item # 16C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: Boyle Engineering Corporation. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "An of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Boyle Engineering Corporation Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16 C14 SCHEDULE B RATE SCHEDULE Professional Hourly Fee Principal $175.00/hr $160.00/hr Chief Engineer Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner Project Engineer $120.00/hr $100.00/hr $ 90.00/hr $ 75.00/hr $ 65.00/hr Engineer Associate Engineer/I nspector CAD Technician Technician $ 45.00/hr Support Administrative Assistant, Secretary Clerical, other support $ 60.00/hr $ 50.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B B-1 ACORDTM Client#: 5155 CERTIFICATE OF LIABILITY INSURANCE DATE (MMJODIYY) 09/28/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana. CA 92711-0550 714427-6810 INSURERS AFFORDING COVERAGE Boyle Engineering Corporation 1501 Quail Street Newport Beach, CA 92660-2726 INSURER A: Hartford Fire Ins. CO. INSURER B: Fireman's Fund Insurance CO. INSURERC: XL Specialty Insurance CO. INSURER D: INSURER E: INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POUCYNUMB~ "8}!4i,Y ,i~~ ~fl fil&Jo~N UMlTS LTR A ~ERAL LIABIUTY 57CESSS9265 12/31/04 12/31/05 EACH OCCURRENCE $1.000 000 X COMMERCIAL GENERAL LIABILITY ARE DAMAGE (Anyone fire) $1.000 000 I CLAIMS MADE W OCCUR INDP. CONTRACTORS MED EXP (Anyone person) $10000 X CONTRACTUAL INCLUDED PERSONAL & I'DV INJURY $1 000 000 X BFPD. XCU GENERAL AGGREGATE $2.000 000 n'LAGG~~LIMITAPPilPER: PRODUCTS -COMP/OP AGG $2,000 000 POUCY X ~~ X LOC ~TOMOBILE LlABIUTY COMBINED SINGLE UMIT $ ANY AUTO (Ea accident) I-- I-- AlL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I-- HIRED AUTOS BODILY INJURY I-- $ NON-OWNED AUTOS (Per accident) I-- PROPERTY DAMAGE $ (Per accident) RGE UABlUTY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ B EXCESS UABILITY XSMOO086622784 12/31/04 12/31/05 EACH OCCURRENCE $2 000 000 O'OCCUR ~ CLAIMS MADE Professional Liab. AGGREGATE $2.000.000 is Excluded $ R DEDUCTIBLE $ RETENTION $ $ ~RKERS COMPENSATION AND IWCSTATU- I IOJ~- EMPLOYERS' UABIUTY E.L EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ EL DISEASE - POLICY UMIT $ C OTHER Professional DPR94oo6679 12/31/04 12/31/05 $2,000,000 per claim ILiability $2,000,000 ann I aggr. DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Re: Fixed Term Utility Engineering Services, Contract 05-3785 Collier County, Florida is additional insured as respects to General (See Attached Descriptions) CERnFlCATE HOLDER I I ADDIl1ONALINSURED'INSURERLETTER: CANCELLATION TAn - .. - SHOULD ANYOFTHE ABOYE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAlL30.--DA'lSWRlTTEN Att: Lyn M. Wood NOTlCETDTHE CERTIFICATE HOl.DERNAMED TOTHELEFT, BUT FAILURE TODOSOSHALL 3301 East Tamiami Trail IMPOSE NOOBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER,ITSAGENTS OR Naples, FL 34112 REPRESENTATIVES. A~ REPRE8EHZIYE ,P I In A~" ACORD 25-8 (7/97)1 of2 #M117362 .".r..rvo .. . . r '\..-1(L L (j ACORD CORPORATION 1988 Liability. Primary and Non-Contributing coverage, Cross Liability coverage applies to GL. (GL-AI/PRlCRS) 16C14 POLICY NUMBER: 57CESSS9265 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Collier County Att: Lyn M. Wood 3301 East Tamiami Trail Naples, FL 34112 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. CG 20 10 11 85 16 C14 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POUCY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (this agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Descri.ption ANY ORGANIZATION WITH WHOM THE NAMED INSURED CONTRACTUALLY AGREES TO PROVIDE THIS COVERAGE This endorsement is executed by the company below designated by an enlry in the box opposite its name Effective Date: 01/01/2005 Expiration Date: 01101/2006 [ ] LIBERTY MU11JAL INSURANCE COMPANY [X] LIBERTI MU11JAL FIRE INSURANCE COMPANY [ ] LIBERTI INSURANCE CORPORATION [ ] 1M INSURANCE CORPORATION [ ] THE FIRST LffiERTI INSURANCE CORPORATION Premium For attachment to Ptllicy No. WC2-161-064625-015 Audit Balis: Issued to: Boyle Engineering Corporation PRESIDENf Countersigned by..................... .................... .................. ......................................... Authorized Representative ~tM1 ~1-~ IsllUed: 01/01/2005 Sales Office and No. Pleasanton, CA/ 0600 WC040306 1s such insurance as is afforded thoso com Certificate of Insurance This certificate is issued as a mailer of information only and confers 00 righm upon you the aertificate holder. This certificate is oot an insurance policy and does oot amend, extend, CO" alter the coverage afforded the Jicies listed below. This is to certifY that (Name and address of Insured) 16C14 BMOO68 BOYLE ENGINEERING CORPORATION 1501 QUAIL SlREET NEWPORT BEACH, CA 92660-2126 ~ libertY. tP MUtua11M IS, at the issue date of this certificate, insured by the Canpany tmder the policy(ies) listed below. The insurance aff<rded by the listed poJicy(ies) '" subject to all their terms, ""elusions and conditions and is not aJtered en!, teJm CO" condition of anv caotract or other document with remect to which this certificate mBV be issued Exniration Tvoe Exniration Date(;)- POliey Numberls) limits of Liabilitv Continuous. 01/01/2006 WC2-161-064625-O 15 Coverage afforded under WC law of Employers Liability - the following states: Extended Bodily Injury By Accident - X Policy Term CA, co, FL, NM, NY, UT $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy limit Workers Compensation Bodily Injury By Disease $1,000,000 Each Person General Aggregate-Other than Prod/Completed Operations General Liability B Claims Made I Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Per Occurrence Occurrence I Retro Date I Personal and Advertising Injury Per Person I Orl!anization Other Liability I Other Liability 12/31/2005 AS2-16I-064625-034 Each Accident - Single limit - B. I. and P. D. Combined Automobile Liability $1,000,000 Each Person .K Chwed .K Non-Owned Each Accident or Occurrence X Hired Each Accident or Occurrence C THE INSURED'S GENERAL UABILITY POUCY IS NOT Willi LIBERTY MUTUAL. CROSS UABILITY COVERAGE ON AUTOMOBILE UABIUTY POUCY. 0 PER CAOOOll00l, AUTOMOBILE LIABILITY COVERAGE IS PRIMARY FOR ANY LIABILITY ASSUMED UNDER AN "INSURED CONlRACT." BLANKET M AUTOMOBILE ADDITIONAL INSURED ENDORSEMENT AND AUTOMOBILE AND WORKERS COMPENSATION W AlVER OF SUBROGATION M ENDORSEMENTS ATTACHED. - RE: Job Number: Contract 05-3785; Fixed Term Utility Engineering Services. E Additional Insured: Collier CoWlty Florida on the Automobile Liability Policy listed above. (per attached endorsement CA 2048 0299). WC Waiver of Subrogation: Collier N COWlty Florida. (per attached endorsement WC040306) T S "If the certificate expiration date is caninuous or extended teJm, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notified BDllually of the continuation of coverag~. Special Notice _ Ohio: Any peIllon who, with intent to defraud or knowing that be I she is facilitating a fraud against an insurer, submits an application or fIles a claim containing a false or deceptive statement is guilty of insurance fiaud. Important infoonation to F10rida policyholde", and certificate holders: in the event you have any questiOll3 CO" need infamation about this certificate for any reason" please cootact your local sales producer, whose name and telephone number appelU"1! in the lower left caner of this certificate. The appropriate local sales offic~ mailing address may also be obtained by calling this number. Notice of cancellatico: (not applicable wlless a number of days is entered below). Before the stated expiration date the company will not canc~1 or reduce the insurance afforded under the above policies mtil at least 30 days notice of such cancellation has been mailed to: Office: PLEASANTON, CA-I Phone: 925-734-9200 ~ \~ Certificate Holder: SHIRLEY VIDUYA Lyn M. Wood Authorized Renresentative Collier County Florida 3301 East Tamiami Trail Purchasing Building Naples, FL 34112 DateIssued: 09/27/2005 Prepared By: DC 16C14 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR~ERCOVERAGEFORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s) who are "insured's" under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name ofPerson(s) or Organizations(s): ANY ORGANIZATION WITH WHOM THE NAMED INSURED CONTRACTUALLY AGREES TO PROVIDE THIS COVERAGE Each person or organization indicated above is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. This endorsement is ex.ecuted by the CQ1lIpany below designated by an entry in the box opposite its name Effective Date: 12/31/2004 Expiration Date: 12/31/200S [ J LIBERTY MUTIJAL INSURANCE COMPANY [Xl UBERTY MU11JAL FIRE INSURANCE COMPANY [ J LIBERTY INSURANCE CORPORATION [ J 1M INSURANCE CORPORATION [ J TIIE FIRST LffiERTY INSURANCE CORPORATION Premiwn For attaclunent to Policy No. AS2-161'()6462S'()34 Audit Basis: Issued to: Boyle Engineering Corporation PRESIDENT COIUllersigned by................................... ................... ...... ............. ..... ........................ Authorized Representative ~~f'11 Le-.-t r!o/- Issued: 12/3112004 Sales Office and No. Pleasanton, CAt 0600 CA 20480Z99 Copyright, Insurance Services Office, Inc., 1996 16 C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16 C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16 C14 ~~ purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16C14 Bodily Injury & Property Damage - $ 500,000 -X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16 C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $250,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 , "C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16 C14 SCHEDULE 0 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Boyle Engineering Corporation 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. Boyle Engineering Corporation BY: TITLE: Regional Vice President DATE: September 27, 2005 D-1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 11> L (\ 1 ' '1 . . THE BO~ OF COl!~TY COMMISSION~RS OFFICE FO~ SI~u-q J. .." Pnnt on pmk paper. Attach to ongJnal document. Ongmal documents should be hand dehvered to the Board Office. The completed routing slip and o~al documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exception of the Chairman's siiDlature draw a line througl: routinalines #1 throu2h #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (Ust in routing order) 1. 2. 3. 4 Colleen M. Greene County Attorney CMG 10/17/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office c . PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. NonnaIly the primary contact is the person who created/prepared the executive summary. Primary contact infoI'A:llltion is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to aDlll"OVe the item.) Name of Primary Staff . LynM. WoodC.P.M. Phone Number 732-2667 Contact Agenda Date Item was September 27, 2005 Agenda Item Number 16 (C) 14 Approved by the BCC Type of Document Contract #05-3785 "Fixed Term Utility Number of Original Five (5) Attached - Agreement EngineerIng Services" Contractor: Hazen and Documents Attached Sawver, P.C. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si ture and initials are re uired. S. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on September 27. 2005 and aU changes CMG made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es if a Jicable. CMG CMG I: Forms! County Fonnsl BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 C14 · MEMORANDUM Date: October 17, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Hazen and Sawyer, P.C. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) JT~CELM Memorandum 'oc ~ - 1 2005 RISK MANAGEMENT DATE: October 3,2005 Sheree Mediavilla, Risk ManagerO V Risk Management Department L, ~() ,\1 ,() TO: FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Hazen and Sawyer, P.C. This Contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED ITEM NO.: -iCt U~ THE 16 ell,. DATE RECEMtb{TY A.TTORN~( 0.5- f/tfc _ 0033;'5 OCT -6 PH 3: 46 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE TillS LINE REQUEST FOR LEGAL SERVICES Date: October 3, 2005 R04~pf" ColleeN GreeNe. Assistant County Attorney \~ \" \~ f '&'t) To: From: LynM. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Hazen and Sawyer, P.C. BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. Contract 05-3785 16C14 Fixed Term Utility Engineering Services - THIS AGREEMENT is made and entered into thi~ay of J~~ 200S-:- 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 Hazen and Sawyer, P.C., authorized to do business in the State of Florida, whose business address is 2101 Corporate Boulevard, Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 h~..._~...,_.__,..._"_"..".._,__".~..,_.__~.",_.___~.__." ..,~ terms of the understanding reached by the parties with respect to such se!~afllbJl p;~ies are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 1.5 CONSULTANT hereby designates Albert Muniz, P .E. as its prinCil i~cCrI4re;~after referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The CONSULTANT agrees that all servIces to be provided by CONSULTANT pursuant to this A-4 1 6 C 14 " 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 . ~._'_"'___'_m'.__~_....._...,._.._,___._.._____._.._.~..__ ___.________.__ 16 . conventions (i.e. right-at-way - ROW, centerlines - CL, edge-at-pavement - Eop,et~ lhhere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 ARTICLE 3 OWNER'S RESPONSIBILITIES 1~C14 <0 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 (c) 16C14 Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 of such delay, stating the specific cause or causes thereof, or be deemed to h~v~aqel a~ right which CONSULTANT may have had to request a time extension for that specific delay. 4.3 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 1 . of the Agreement period have been compieted. This Agreement may be renew~ a 1 ~itional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 COMPENSA liON 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 16 C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 CONSULTANT shall bear and pay all overhead and other expenses!e~p~J ~horized 5.3 reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 . , . . 1 6 C 1 }, the applicable Work Order (' Project Documents"). OWNER shall specIfy whether the or~als or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 16C14 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 16 CI 4 ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 16 C14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C. must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 J.Ol;14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 require each subconsultant or subcontractor to enter into similar agr16J~j, ~ sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 termination, except that Services specified to be perfonned under a preVi!s~s~e! !J,rk Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 the event of such termination for convenience, CONSULTANT'S recovery ag~in~ o~lR4hall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16 C14 the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 as set forth in each subsequent issued Work Order, if any, and any add!on~ tfr!o ~all be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 16 Cl 11 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 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: Hazen and Sawyer, P .C. 2101 Corporate Boulevard Boca Raton, Florida 33431 Telephone: 561-997-8070 Fax: 561-997-8159 Attn: Albert Muniz, P.E. 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 16C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 ARTICLE 18 APPLICABLE LAW 16G14 'I 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 16C14 "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor Iist." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: '. Dwig.ht E;.~WOF1<,. ,Clerk ,BY!l~~:~-' .. -L Da)€: '.. .',:. ~ . ~~; A~e$~~.' .$0' ~",-., , ':f." I__)OIQD' " .I t . -" -,- < -.,' Approved as'to form and legal sufficiency: I1JQQa241Yn J;j7{JUu2.- Assistant County Attorney ?~~ Witness A-27 16C14 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, ~w. ('~!6 By: -- 6--- Fred Coyle, Chairman Hazen and SawYer. P.C. By: "At J ~--r/If 1" Albert Muniz / Vice President Typed Name and Title ltem# \~ AgendaQ"'o1-tf) Date Date lh_I""l_1"-h. Rec'd u:::.L-L-U-J L , 16 C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: Hazen and Sawyer, P.C. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I Task II Task III Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "An of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Hazen and Sawyer, P.C. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 SCHEDULE B RATE SCHEDULE Professional Hourlv Fee Principal $175.00/hr Chief Engineer $160.00/hr Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer $ 90.00/hr Associate Engineer/Inspector $ 75.00/hr CAD Technician $ 65.00/hr Technician $ 45.00/hr Support Administrative Assistant, Secretary $ 60.00/hr $ 50.00/hr Clerical, other support 16 C14 This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B B-1 PRODUCER Marsh USA Inc. 1166 Avenue of Americas New York, NY 10036 Attn: Kevin J. Michel 212-345-4284 FICATE NUMBER NYC-002383994-06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE 00402--2005 COMPANY A HARTFORD CASUALTY INS CO HAZEN & SAWYER 498 7th Ave. New York, NY 10018 COMPANY B 1WIN CITY FIRE INSURANCE CO INSURED COMPANY C ILLINOIS NATIONAL INSURANCE CO. COMPANY o THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDD/YY} DATE (MM/DDIYY} A GENERAL LIABILITY 10UENUU0960 03/29/05 03/29/06 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2,000,000 CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone fire) $ 1,000,000 MED EXP An one erson) $ 10,000 A AUTOMOBILE LIABILITY 10UENUU0960 03/29/05 03/29/06 $ 1,000,000 COMBINED SINGLE LIMIT X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) X DEDUCTIBLE COMP/COLLlSION $1000 PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE C EXCESS LIABILITY BE 2684574 03/29/05 03/29/06 EACH OCCURRENCE 5,000,000 X UMBRELLA FORM AGGREGATE 5,000.000 OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND 10WBGD5842 03/29/05 03/29/06 X EMPLOYERS' LIABILITY THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE A OTHER Property (Special) 10UUNUU0890 03/29/05 03/29/06 Property (Li m it) (Deductible) 5,000 DESCRIPTION OF OPERATIONS/LOCATlDNSIVEHICLES/SPECIAL ITEMS DESCRIPTION: CONTRACT 05-3785 - FIXED TERM UTILITY ENGINEERING SERVICES. COLLIER COUNTY IS INCLUDED AS ADDITIONAL INSURED. COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ATTN: LYN M. WOOD 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --3D. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Kevin J. Michel ~. po /#~ MM1 (3/02) VALID AS OF: 09/29/05 16 C14 MEMORANDUM OF INSURANCE-- ARCHITECTS/ENGINEERS PROFESSIONAL AND POLLUTION INCIDENT LIABILITY ARCHITECTS/ENGINEERS PROFESSIONAL AND POLLUTION INCIDENT LIABILITY POLICY CONTINENTAL CASUALTY CO:tv1PANY (CNA) To: COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ATT:LYNM. WOOD 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 REF: CONTRACT 05-3785-FIXED TERM UTILITY ENGINEERING SERVICES As set forth below, the named insured has in force, on the date indicated, a policy of Architects/Engineers Professional And Pollution Incident Liability insurance issued by Continental Casualty Company (CNA), with a limit of liability of not less than the amount indicated. Name of Insured: HAZEN AND SAWYER, P.C. Address of Insured: 498 SEVENTH A VENUE NEW YORK, NY 10018 Policy Number: AEA 00-823-14-89 #7506 This memorandum is issued as a matter of information only and confers no rights upon the holder. By its issuance, it does not alter, change, modify or extend the provisions of said policy and does not waive any rights thereunder. Policy Period: 3/29/2005 TO 3/29/2006 Limit Of Liability - Per Claim: $2,000,000.00 Limit of Liability - Annual Aggregate: $2,000,000.00 AM~& GOUGH 1NilJ NCEIRISK MANAGEMENT, INC. d a~ct2- September 29, 2005 16C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 1 (, C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 If.,C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16C14 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hazen and Sawyer, P.C. 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. Hazen and Sawyer, P .C. BY: .Au,.,~ ~. TITLE: Albert Muniz / Vice President DATE: 9/Q3 Jos D-1 ORIGINAL DOCUMENTS CHECKLIST & ROUTINGr~ . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG 1 4 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the ,~ exception of the Chairman's silmature, draw a line throu2l1 routinR lines #1 throuldl #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4 Colleen M. Greene County Attorney CMG 10/17/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who createdlprepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff Lyn M. Wood C.P.M. Phone Number 732-2667 Contact Agenda Date Item was September 27, 2005 Agenda Item Number 16 (C) 14 Approved by the BCC Type of Document Contract #05-3785 "Fixed Term Utility Number of Original Five (5) Attached - Agreement Engineering Services" Contractor: Ayres Documents Attached Associates, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes colwnn or mark ''Nt A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si ture and initials are re uired. S. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on September 27. 2005 and all changes CMG made during the meeting have been incorporated in the attached document. The Coun Attorne's Office bas reviewed tbe chao es, if a licable. CMG CMG I: Forms! COWlty Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C14 MEMORANDUM Date: October 17, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann J ennej ohn, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Ayres Associates, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records.The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) ITEM NO.: IC~~rC 14 . ))J,~TY A,TTORNEY DATE RECEIVED: ~'1rSOCT-6 PH 3:04 FILE NO.: ROUTED TO: 05- p~C-C)(b3ag DO NOT WRITE ABOVE TIDS LINE REQUEST FOR LEGAL SERVICES' Date: October 3, 2005 Robert ~hary C~ Assis~-Eounty Attorney ~ ~\0\~ ~\~~ To: From: LynM. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Ayres Associates, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 16C14 Memorandum DATE: October 3, 2005 r>" ~'Y OY, rd l() 1 DATE RfCEIVED OC~,.. - ~ 2(1(15 Ii v." RISK ~bt.J;U' TO: Sheree Mediavilla, Risk Manager Risk Management Department FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Ayres Associates, Inc. This Contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED Contract 05-3785 16C111 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into this J..1 ~'y of _ ~~-1 200~ 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 Ayres Associates Inc., authorized to do business in the State of Florida, whose business address is 2601 Cattlemen Road, Suite 104, Sarasota, Florida 34232 (hereinafter referred to as the "CONSUL TANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 '/ ARTICLE 1 16C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 terms of the understanding reached by the parties with respect to such lkCa14ot~ partie~ are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 1.5 16 ell. ' CONSULTANT hereby designates Azad R. Shah, M.S., M.B.A., P.E. as its P~cipal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 CONSULTANT agrees that all services to be provided by CONSUL lN~ pf,s1a# 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either . reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 conventions (Le. right-at-way - ROW, centerlines - CL, edge-at-pavement - E!p,~cPa! !!ere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order.i A-6 16 C14 ARTICLE 3 OWNER"S RESPONSIBILITIES 3.1 For. each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 (c) Upon request from CONSULTANT, assist CONSUJA~ Gylp'~ng at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 1 . of such delay, stating the specific cause or causes thereof, or be deemed to hav~ wQv! Sy right which CONSULTANT may have had to request a time extension for that specific delay. 4.3 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 ~--_._.- .-- ^ .... ~'-'-"-"---'._'-'-~'----""-"> 16C14 of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 COMPENSA TION 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 16 C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 16 Cl b 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 16C14 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 such later date as may be required by law; provided, however, such activity shall be conducted only 16C14 during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 ARTICLE 9 INSURANCE 16C14 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 16G14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16C14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 require each subconsultant or subcontractor to enter into similar agreements with its sub- 16C14 subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 termination, except that Services specified to be perfonned under a prl06yC1Aor~ ord~r, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 the event of such termination for convenience, CONSULTANTS recovery aJai6 n~ha" be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16 rl J. :1t the applicable Work Order. If the Services are so stopped for a period of one-hund Mid twenty (120) consecutive days through no act or. fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 0, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16Clh as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 16 C14 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: Ayres Associates Inc. 2601 Cattlemen Road, Suite 104 Sarasota, Florida 34232 Telephone: 941-343-0532 Fax: 941-343-0493 Attn: Azad R. Shah, M.S., M.B.A., P.E. 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 17.4 Waivers by either party of a breach of any provision of this A9reemlntQ,aCl ~eemed 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 ARTICLE 18 APPLICABLE LAW 16C14 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 16C14 "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: Dwight E. Brock, Clerk ~:~~~~J . , ' ~'_\ ~A*st,.~,to Cha 1M1a11" , .1~.~ur./onlJ "'~ppro~~P,\:a$ to.f~rm and leg~! .~uffiCle.ncy: ~-- ., 11n :ALL- Assistant Count Attorney Q1QlfJ0Wb~u WI ess A-27 16)C14 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: ~W. ~ Fred Coyle, Chairman S i a K IJ S hi'l, P _ F Typed Name and Title Executive Vice President \L.J\ll---, l8n# ~.. Agenda 9'd1.-{6 Date Date \t>-n-DS Rec'd ~H ,l ~ 16C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: Ayres Associates Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "AU of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Ayres Associates Inc. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16C14 SCHEDULE B RATE SCHEDULE Professional Hourly Fee Principal $175.00/hr $160.00/hr Chief Engineer Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr $ 90.00/hr Engineer CAD Technician $ 75.00/hr $ 65.00/hr $ 45.00/hr Associate Engineerllnspector Technician Support Clerical, other support $ 60.00/hr $ 50.00/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B B-1 ACORD. CERTIFICATE OF LIABILITY INSURANCE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING /JH'( REQUIREMENT, TERM OR CONDITION OF /JH'( CONTRACT OR OTHER DOCuMErl f WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR ~NSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDIYY) DATE (MMIODIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ f-- COMMERCiAl GENERAL L1ABILl1Y PREMISES (Ea occurence) $ ~ o CLAIMS WIDE 0 OCCUR MED EX? (Anyone person) $ PERSONAl & />DV INJURY $ ~ GENERAL AGGREGATE $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP N.';(; $ h POLlcvH ~~& n LOC AUTOMOBILE LIABILITY COM3INED SINGLE LIMIT f-- $ ANY AUTO (Ea accident) f-- AlL OWNED AUTOS BODIL Y INJURY f-- $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BOD I L Y INJURY - $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OlliER THAN EAACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILI1Y EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I IVEit EMPLOYERS' LIABILITY ANY PROPRIETORIPAATNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under EL. DISEASE. POLICY LIMIT $ SPECiAl PROVISIONS below OTHER A Prof Liabili ty AEA254025050 06/30/05 06/30/06 Ea Claim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Claims Made - Environmental coverage included. $50,000 deductible per claim. waiver of subrogation is included in policy as long as agreed to, in writing, prior to any claim. Project: Contract 05-3785 Fixed Term utility Engineering Services PRODUCER Johnson Insurance - Madison 525 Junction Road Madison WI 53717 Fhone:608-245-6580 Fax:262-619-2805 INSURED Ayres Associates Inc 3433 Oakwood Hills Fkwy Eau Claire WJ: 54702 COVERAGES CERTIFICATE HOLDER COLLIER Collier County Board of County commissioners 3301 East Tamiami Trail Naples FL 34112 ACORD 25 (2001/08) OPIC T OWENA-1 09/26/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO INSURERS AFFORDING COVERAGE NAIC# 20427C INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: CNA Insurance CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO ~ ~~ @ ACORD CORPORATION 1988 1 It. DESCRIPTIONS (Continued from Page 1) ADDITIONAL INSURED UNDER THE AUTO POLICY. A WAIVER OF SUBROGATION IN FAVOR OF COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IS INCLUDED UNDER THE WORKERS COMPENSATION POLICY. AMS 25.3 (2001/08) 3 of 3 #S373474/M368334 Client#: 14106 OWENA YR .' k ACORDTW CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 05/18/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WAUSAU SIGNATURE AGENCY ONl.Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3430 OAKWOOD MALL DR - STE 300 HOl.DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EAU CLAIRE, WI 54701 715835-6174 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: WAUSAU BUSINESS INSURANCE COMPJ NY AYRES ASSOCIATES INC INSURER B: EMPLOYERS INSURANCE OF WAUSAU ATTN TOM STUMM INSURERC: WAUSAU UNDERWRITERS INSURANCE O. PO BOX 1590 INSURER D: EAU CLAIRE, WI 54702-1590 INSURER E: 16Cl COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'LrR NSRr TYPE OF INSURANCE POLICY NUMBER P~l-~~~9~\6g~E Pg~f.r 1~:A,~reN LIMITS A ~ERAL LIABILITY VYKY91503188065 01/01/05 01/01/06 EACH OCCURRENCE $1 000 000 & 5MERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000 - CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $5 000 PERSONAL & ADV INJURY $1.000000 GENERAL AGGREGATE $2.000 000 ~'L AGGREn LIMIT APPlS PER: PRODUCTS - COMP/OP AGG $2 000 000 POLICY ~~8i LOC A ~TOMOBILE LIABILITY ASKY91503188025 01/01/05 01/01/06 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY $ .!.. NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~~GE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B ~~SSIUMBRELLA LIABILITY THCY91503188035 01/01/05 01/01106 EACH OCCURRENCE $5 000 000 X OCCUR 0 CLAIMS MADE AGGREGATE $5 000 000 $ M ~EDUCTIBLE $ X RETENTION $10000 $ C WORKERS COMPENSATION AND WCJY91503188045 01/01/05 01/01/06 X I T'f!..~JW:J,~;" I IOJ~- EMPLOYERS' LIABILITY $100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $100,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $500,000 SPECIAL PROVISIONS below A OTHER VALUABLE VYKY91503188065 1/1/05 1/1/06 $500,000 PAPERS DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS PROJECT: CONTRACT 05-3785 FIXED TERM UTILITY ENGINEERING SERVICES. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY PER GL0492. CERTIFICATEHOLDER IS ALSO AN (See Attached Descriptions) CERTIFICATE HOLDER CANCEl.LA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3.0..- DAYS WRITTEN BOARD OF COUNTY COMMISSIONERS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 EAST TAMIAMI TRAIL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR NAPLES, FL 34112 REPRESENTATIVES. ~R~:D ~;;~ESENTATWE ~.~ ACORD 25 (2001/08) 1 of 3 #S373474/M368334 VLS @ ACORD CORPORATION 1988 1 ~ G14 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 3 #S373474/M368334 1 ~ C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16 Cl h allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such POIK;Y. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements .for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16 C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16 C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16 C 14 .. (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 t 6 CIlL . PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 t';C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING S~P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .~ C 1 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN M Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ,i I. exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4 Colleen M. Greene County Attorney CMG 10/20/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive sununary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to aoorove the item.) Name of Primary Staff Lynn M. Wood, Purchasing Agent Phone Number 774-8446 Contact Agenda Date Item was September 27, 2005 Agenda Item Number 16 (c) 14 Approved by the BCC Type of Document Contract #05.3785 "Fixed Term Utility Number of Original Five (5) Attached - Agreement Engineering Services" Contractor: Malcolm Documents Attached Pirnie, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on September 27. 2005 and all changes CMG made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chao es, if a Iicable. CMG CMG I: Forms! County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 I ITEM NO.: DATE RECEIVED: 'X)lJ'~T~~~tl4 Z005 OCT 18 PM 4: 20 .!. , FILE NO.: ROUTED TO 075 -f PC -Ci':J33 ~ DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES r)'0cr,{F\ \S' \)\\JJ ~ \ot",,(5 Date: October 12, 2005 To: Co I ((,~^- ~ rLL-f'.~ RortrY7/atl{ary Assistant County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Malcolm Pirnie, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27,2005; Agenda Item 16(C) 14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 16C14 Memorandum DATE: October 12, 2005 O~ ~,o~ > Sheree Mediavilla, Risk Manager \\) Risk Management Department TO: FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Malcolm Pirnie, Inc. This Contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED DATE RECEIVED OCT 1 3 2005 RISK HANAGEHENT 16C14 MEMORANDUM Date: October 21, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Malcolm Pirnie, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copIes. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) Contract 05-3785 16C14 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into this n":'ay of ~f1D/f.,k 200.{ 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 MALCOLM PIRNIE, INC., authorized to do business in the State of Florida, whose business address is 2706 Horseshoe Drive South, Suite 209, Naples, Florida 34104 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 16C14 terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 1.5 CONSULTANT hereby designates Stephen C. Schwarz, P.E., DE 3:..ptsG,l ci, i~ Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 CONSULTANT agrees that all services to be provided by CONSUL TAl Qr~l /1. 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, lc)Qn9a 1 e/f to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 ARTICLE 3 OWNER'S RESPONSIBILITIES 16C14 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 16C14 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 16C14 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 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 16 C14 of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 16C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 16C14 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 the applicable Work Order ("Project Documents"). OWNER shall specify Whe!e~hPo!in~s 0; copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 16C14 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 16C14 ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 16 C14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C. must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16C14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 require each subconsultant or subcontractor to enter into similar agre!eQs ~illf sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 termination, except that Services specified to be performed under a previously i!u9 &0104er, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 the event of such termination for convenience, CONSU L T ANT'S recovery again} O~N~R ~h; be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16CILr " the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 as set forth in each subsequent issued Work Order, if any, and any additiot ~eQolsh~ be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 16C14 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: MALCOLM PIRNIE, INC. 2706 Horseshoe Drive South, Suite 209 Naples, Florida 34104 Telephone: 239-643-1700 Fax: 239-643-5700 Attn: Stephen C. Schwarz, P.E., DEE 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 16C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 16C14 ARTICLE 18 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 16C14 "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. II ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 I\~'~'~'.':".' ....~ By: ~~.. . P.C. <:o':>~ .:.:...>~t.." . nat~~'''.~d'kab<6 . -::'.' ~ti* tt~a..f"..S r- S.f.Qnatri~",' \ \ ~ -..",,:, ""'4 '. -" ',1"" \. / "'t" A~p,rove(r~S ,tQ"form and lega(sUft"idericy: '1 'I ~/l ; / rJ~'1 I V { Assistant County orney ATTEST: Dwight E.. Brock, Clerk ~ K t}~kf~ I ness ~tj#d#r/ Itness r2~ A-27 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: ~W. ~ Fred Coyle, Chairman MALCOLM PIRNIE, INC. L ,)[;14' eSl)f1AJ f- Item# \~ WORK ORDER # 16C14 Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: MALCOLM PIRNIE, INC. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "An of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: MALCOLM PIRNIE, INC. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 lbt;lJ,. SCHEDULE B RATE SCHEDULE Professional Hourly Fee Principal $175.00/hr Chief Engineer $160.00/hr Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer $ 90.00/hr Associate Engineer/lnspector $ 75.00/hr CAD Technician $ 65.00/hr Technician $ 45.00/hr Support Administrative Assistant, Secretary Clerical, other support $ 60.00/hr $ 50.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B TPA#19712655 Fixed Tenn PSA B-1 PRODUCER (908)654-0300 FAX (908)654-0332 Slapin-Lieb & Co. 200 Sheffield Street Suite 104 Mountainside, NJ 07092-2314 INSURED Malcolm Pirnie, Inc. 104 Corporate Park Drive P. O. Box 751 White Plains, NY 10602-0751 THIS CERTIFICATE IS ISSUED AS A MA E ONLY AND CONFERS NO RIGHTS UPON TH ER IFI AT HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORQ~ CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE INSURER A Transcontinental Ins. Company INSURERB Continental Casualty Company INSURER C INSURER D INSURER E NAIC# 20486 20443 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: ~o..9;~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 02/01/2005 02/01/2006 EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY DAMAGE T9,,~ENTED $ 100,000 I CLAIMS MADE 00 OCCUR TCP 276336602 SEE ATTACHED MED EXP (Anyone person) $ 10,000 A FOR COMMENTS PERSONAL & ADV INJURY $ 1,000,000 - IF ANY GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 I m PRO- m Loe -- POLICY JECT AUTOMOBILE LIABILITY 02/01/2005 02/01/2006 COMBINED SINGLE LIMIT X BUA 2082790277 (Ea accident) $ ANY AUTO 1,000,000 - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) A - X HIRED AUTOS SEE ATTACHED BODILY INJURY X $ NON-OWNED AUTOS FOR COMMENTS (Per accident) - IF ANY PROPERTY DAMAGE - (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY 02/01/2005 02/01/2006 EACH OCCURRENCE $ 20,000,000 :]] OCCUR o CLAIMS MADE CUP 2082790280 AGGREGATE $ 20,000,000 B SEE ATTACHED $ ~ DEDUCTIBLE FOR COMMENTS $ X RETENTION $ 10,OO<J IF ANY $ WORKERS COMPENSATION AND I .;xgJT ~I,~;, I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ If yes describe under SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $ OTHER ~9ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Collier County Fixed Term Utility Engineering Services. ... .See attached for details..... :'Except 10 days premium non-payment. Collier County Government Attn: Lyn M. Wood 3391 East Tamiami Trail Purchasing Building Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30'" DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS A AUTHORIZED REPRESENTATIVE ~ Richard Ra ACORD 25 (2001/08) @ACORD CORPORATION 1988 Collier County Government Certlficate issued to Collier County Government Slapin-Lieb & Co. Endorsements or Modifications as Applicable: General Liability (CG 0001 10/01): l/A, 2, 3, 4, 5, 6 Automobile (CA 0001 10/01): l/B, 3, 4, 5, 6 Excess Liability: l/C, 2,3,5,6 OPERATIONS OF THE NAMED INSURED INCLUDING COLLIER COUNTY FIXED TERM UTILITY ENGINEERING SERVICES. 1jA: If required by written contract or agreement, Collier County is included as additional insured, but only for work performed by the Insured, per G-140331-A (01/01) (copy attached). l/B: If required by written contract or agreement, Collier County is included as additional insured, per CA 20 48 (02/99) (copy attached). l/C: If required by written contract or agreement, Collier County is included as additional insured, per G-18669-A (10/92) (copy attached). 2: Excludes Professional Liability 3. If required by written contract or agreement, includes Waiver of Subrogation. 4. If required by written contract or agreement, this Insurance is primary to the extent converage is provided by the policy, to the coverage of the Certificate Holder as respects work performed for the Certificate Holder by the Insured. 5. If required by written contract or agreement, includes Contractual Liability Insurance to the extent coverage is provided by the policy. 6. If required by written contract or agreement, includes Severability of Interest. eNA 16 ~~~Mq IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Nllme of P.-.on or OrganlDtlon: SCHEDULE Designated Project: (Covwage under this endor....ent Is not affected by III entry or I8ck of entry In the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to 3. The coverage provided to the additional insured include as an insured any person or organization, by this endorsement and paragraph f. of the including any person or organization shown in the definition of "insured contract" under schedule above, (called additional Insured) whom you DEFINITIONS (Section V) do not apply to "bodily are required to add as an additional Insured on this injury" or "property damage" arising out of the policy uncler a written contract or written agreement; "products-completed operations hazard" unless but the written''COntract or written agreement must be: required by the written contract or written agreement. 1. Currently in effect or becoming effective during the term of this policy; and 4. The insurance provided to the additional insured 2. Executed prior to the "bodily Injury,. "property =ag~~t o~p~lypersto "Ibodilyd i"dvjUeryrtiS:.1 g"propeJUry~ damalUl,. or "personal and advertising Injuou". ,ona an a n in' If- I' arising out of an architect's, engineer's, or B. The insurance provided to the additional insured is 'surveyor's rendering of or failure to render any limited as follows: professional services including: 1. That person or organization is an additional a. The preparing, approving, or failing to prepare Insured solely for liability due to your negligence or approve maps, shop drawings, opinions, specifically resulting frOm "your work" for the reports, surveys, field orders, change orders additional insured which is the subject of the ordr:~~ings and specifications; and :~~ge c:;~~: to ~[abi~:UIt::~~~e~~ s~~ b. Supervisory, or Inspection activities performed negligence of the additional Insured. as part of any related architectural or engineering activities. 2. Tddheitl umlltsl of dlnsuranthC8 appiicablfllede to I ~~ C. As respects the coverage provided under this a ona nsure are ose spec n u.. endorsement, SECTION IV _ COMMERCIAL written contract or written agreement or in the GENERAL UABIUTY CONDITIONS are amended as Declarations of this policy, whichever is less. follows: These Limits of Insurance are inclusive of, and not in addition to, the limits of Insurance shown In the 1. The following is added to the Duties In The Event Declarations. of Occurrence, Offense, Claim or Suit Condition: G-140331-A (Ed. 01/01) Page 1 of 2 .. An additlonallnsured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or .sulf under this Insurance; (2) Tender the defense and indemnity of any claim or "sulf to any other Insurer which also has Insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no dUty to defend or indemnify an additional insured under this endorsement G-140331-A lEd. 01101) 1 ~Gll~ (Ed. 01101) until we receive written notice of a claim or "suit" from the additional Insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Inaur8nce b. Excaa lneurance This insurance is excess over any other insurance naming the additional insured as an Insured whether primary. excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. . . Page 2 of 2 16G14 POLICY NUMBER: COMMERCIAL AUTO CA 20 ... 02 " THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , . DESIGNATED INSURED This endorsement modifies insuran~ provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FOAM With respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modified by this Indorsement . This endorsement identifies person(s) or organization(s) who are -insureds- under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized ReorlSentative SCHEDULE Nam. of Peraon(a) or OrpnIutian(s): .. (If no enlly appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsemenl) Each person or organization shown in the Schedule is an -insurecr for Uabillty Coverage, but only to the extent that person or organization qualifies as an -insured" under the Who Is An Insured Provision contained in SecOon II of the Coverage Form. ~NA 1 6 C 1 GJM69-A (M;-0I92) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCiAl UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY It is agreed that if the Blanket Additional Insured Endorse- ment is attached to the underlying general liability policy pursuant to a written or oral contract or agree,ment be- tween you and another person or organization (called ad- ditional insured), this insurance is excess over such insur- ance provided to the additional insured subject to the fol- lowing conditions: 1. If the limits specified in the written contract or agree- ment are less than the limits provided by the underly- ing policy, then no coverage is provided to the addi- tional insured under this policy. G-18669-A (Ed. 10/92) 2. If the limits specified in the written contract or agree- ment are greater than the limits provided by the under- lying policy, then this insurance is excess over the in- surance provided by the underlying policy. The limits of liability for the additional insured is the lesser of: .. The limits specified in the written contract; or b. The limits of the underlying policy plus the limits of this policy. These limits are inclusive of and are not in addition to the limits of insurance shown in the Declarations. Page 1 of 1 16C14 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) PRODUCER (908)654-0300 Slapin-Lieb & Co. 200 Sheffield Street Suite 104 Mountainside, NJ 07092-2314 INSURED Mal co 1 m Pi rni e Inc. 104 Corporate Park Drive P. O. Box 751 White Plains, NY 10602-0751 FAX (908)654-0332 MIDD/YYYY) 3/ 05 THIS CERTIFICATE IS ISSUED AS A MA I A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACOBQ TM CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE INSURER A Conti nental Casual ty Company INSURER B INSURER C INSURER D INSURER E NAIC# 20443 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Im~ ~~~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ I--- COMMERCIAL GENERAL LIABILITY DAMAGE :'?c~ENTED $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ I-- GENERAL AGGREGATE $ I-- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS, COMP/OP AGG $ II n PRO, Il LOC ~-----------_.- , POLICY JECT , AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea aCCIdent) - ALL OWNED AUTOS BODIL Y INJURY - $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON,OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY, EA ACCIDENT $ ==l ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR o CLAIMS MADE AGGREGATE $ $ ==l DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T";;~$'T ~,~~ I IOJ~' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE, EA EMPLOYEE $ If yes deSCribe under SPECIAL PROVISIONS below EL DISEASE, POLICY LIMIT $ OTH~ . Liabil ity i AEA 00 821 40 23 02/01/2005 02/01/2006 $10,000,000 Per Claim & Pro esslonal A Annua 1 Aggregate Including Claims Expense ~ESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E: Collier County Fixed Term Utility Engineering Services. (Operations of the Named Insured including above) .. Except 10 days for non-payment of premium C Collier County Government Attn: Lyn M. Wood 3391 East Tamiami Trail Purchasing Building Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30'"' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL 1M OSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AG AUTHORIZED REPRESENTATIVE Richard Ram olla Exec. ACORD 25 (2001/08) @ACORD CORPORATION 1988 16C14 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) This certificate is executed b Libertv Mutual Insllrance Grou as res ects such insurance as is afforded b those com anies. Certificate of Insurance This certificate is isslled as a matter of information only and confers no rlghls upon you the certificate holder This certificate is not an insurance policy and does not amen atlorded bv the olieies listed below. This is to certify that (Name and address of Insured) MALCOLM PIRNIE INC 104 CORPORATE PARK DRIVE WHITE PLAINS, NY 10604 ~ libertY. ~ Mutual.. is, at the issue date of this certificate. insured by the Company under the poliey(ies) listed below. The insurance afforded by the hsted poheY(les) IS subject to all their tenTIS, exclusions and conditions and h d .th h h h 'f b d is not altered bv any reauirement, term or condition of any contract or ot cr ocumcnt WI resncct to w IC t IS certl leate may C Issue EXDiration TVDe EXDiration Date(s) Policy Number(s) Limits of Liabilitv Continuous* 02/01/2006 WC7-121-092033-015 Coverage afforded under WC law of Employers Liability - the following states: - Extended Bodily Injury By Accident X Policy Term All Stales Except Monopolistic States $1,000,000 Each Accident Bodily Injury By Disease S 1,000,000 Policy Limit Workers Compensation Bodily Injury By Disease $1,000,000 Each Person General Aggregate-Other than Prod/Completed Operations General Liability Products/Completed Operations Aggregate H Claims Made Occurrence Bodily Injury and Property Damage Liability Per Occurrence I Retro Date I Personal and Advertising Injury Per Person / Orl!anization Other Liability I Other Liability Each Accident - Single Limit - B. I. and P. D. Combined Automobile Liability Each Person - Owned Non-Owned Each Accident or Occurrence - Hired Each Accident or Occurrence C *** CANCELLA nON CLAUSE DOES NOT APPLY TO NON-PAYMENT OF PREMIUM*** -- Job Number: Contract #05-3785 0 M M E N T S *If the certificate expiration date is contlnuolls or extended term, you will bc notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notitied annually of thc continuation of coverage. Special Notice _ Ohio: Any person who, with intent to defraud or knowing that he / she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Important information to Florida policyholders and certificate holders: in the event YOll have any questions or need infonnation about this certificate for any reason, please contact your local sales producer. whose name and telephone number appears in the lower lelt comer of this certificate. The appropriate local sales olliee mailing addre," may also be oblained by calling this number. Notice of cancellation: (not applicable unless a number of days is enlered below). Before the staled expiration date the company will not cancel or reduce the insurance afforded under the above policies until at least 30 days notice of such cancellation has been mailed to: Office: TARRYTOWN, NY-COMM MKTS Phone: 914-332-9770 C\--- - -i (l --~g--~-/"''-- . - O. .'.. ~:r-- Certificate Holder: FAITH KEEGAN Lyn M. Wood, CPM Authorized Reoresentative Collier County Government 3391 East Tamiami Trail Purchasing Building Naples, FL 34112 Date Issued: 09/23/2005 Prepared By: SR 16C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires pnor to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16Cl~ SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, MALCOLM PIRNIE, INC. 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. MALCOLM PIRNIE, INC. BY~~L TITLE: /hc~ fJr~t)LA1r DATE: ?O De/} ([) r--- D-1 ORIGINAL DOCUMENTS CHECKLIST & ROUTINGtL~ C 1 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Tel. 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throucl routing lines # 1 through. #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4 Colleen M. Greene County Attorney CMG 10/20/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to aoorove the item.) Name of Primary Staff Lynn M. Wood, Purchasing Agent Phone Number 774-8446 Contact Agenda Date Item was September 27,2005 Agenda Item Number 16 (c) 14 Approved by the BCC Type of Document Contract #05.3785 "Fixed Term Utility Number of Original Five (5) Attached - Agreement Engineering Services" Contractor: Greeley Documents Attached and Hansen 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BeC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the fmal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on September 27. 2005 and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) CMG 2. 3. 4. 5. 6. CMG CMG CMG N/A CMG CMG 1: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ITEM NO.: DATE RECEIVED: FILE NO.: {)5 - P!2-G- (}()337 ROUTED TO: 16 C14 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 12,2005 ~hel'l Zachar) d () I k 6.1L Cj Ye..e 11e.... r rJ Assistant County Attorney . lIP ~ LynM. Wood, C.P.M. O\S ~ 0\ {;< Contract Specialist , \O~ r rf\lJ 732-2667 V\ \ . To: From: Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Greeley and Hansen BACKGROUND OF REQUEST: This contract was approved by the BCe on September 27,2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. ......, i.::::> = c.n o n -f " .. r-, ......." .--- '-- 2., -I;::":. -<rT' 2::; (-. -iT o :rJ =-'r' z- r-r-, n-! ~-< ex> -0 3: ..r::- N a 16C14 Memorandum of, DATE: October12,2005 O~ \rt\~ TO: Sheree Mediavilla, Risk Manager Risk Management Department FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Greeley and Hansen This Contract was approved by the BCC on September 27, 2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED DATE RECEIVED OCT 1 3 2005 RISK MANAGEMENT 16C14 MEMORANDUM Date: October 21,2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Greeley and Hansen Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copIes. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) Contract 05-3785 16C14 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into this2l-~y of ~k 200~ 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 Greeley and Hansen LLC, authorized to do business in the State of Florida, whose business address is 4415 Metro Parkway, Suite 200, Fort Myers, Florida 33916 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 tenns of the understanding reached by the parties with respect to such serviclaQ ik.l ~rties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 1. 5 CONSULTANT hereby designates Terry L. Walsh, P .E. as itl r6.cCali.4::harge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 16C14 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 16C14 conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 16C14 ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 16C14 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 16C14 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 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 16C14 of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the ~nd of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSU L T ANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 performance of the Services, at its direct cost with no markup, to the extent lc6eGls4ent is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 CONSULTANT shall bear and pay all overhead and other expenses,lx2t~,1a~orized 5.3 reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 the applicable Work Order ("Project Documents"). OWNER shall specify wlh9 tG !;9iIS or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 M~NTENANCEOFRECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 such later date as may be required by law; provided, however, such activity sll g fnlc~ only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 ARTICLE 9 INSURANCE 16Cl~.. 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 described herein and further set forth In Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 16C14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16C14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16C14 require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 termination, except that Services specified to be performed under a lQuCy ls~ Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 16C14 the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 the applicable Work Order. If the Services are so stopped for a period of olkJf..ln;twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16C14, as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 MODI FICA TION 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 16 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: A-22 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 16C14 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: Greeley and Hansen, LLC 4415 Metro Parkway, Suite 200 Fort Myers, Florida 33916 Telephone: 239-226-9660 Fax: 239-226-9663 Attn: Terry L. Walsh, P.E. 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 16C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 ARTICLE 18 APPLICABLE LAW 16C14 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 "A person or affiliate who has been placed on the convicted vendo~sP C 1 4 following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: Dwight E. Brock, Clerk By: ~.' . \-~' '''.'''''' .... (. \)"" '. f", ..... -.....1 '~...). ", I.J,~ (' . .' .. [. Date: .:::~lD'2t"'dOtG .... ~ . ":.". ' ~. ,"r'~ ", .. A~ts(~a~' to,:Qa4 tn.an' S s f~atu~ ~Jl '. .',: .'" ..1 I! , f . J . "., Approve@.p's to Torm.and legal suffi'dentW.:': ' Q.{l~yv/ ~ Assistant County Attorney !~"/~ Witness . u,~ M p~~ Witness A-27 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, 16C14 By: ~W ~ Fred Coyle, Chairman Greeley and Hansen LLC By: 4'd- ~ JJ.L.. TER..f<Y L.... WAt.-SJ../ Prz-/NC, PAl.- i Typed Name and Title '\ ~" Item # \.LoC \tJ Agendo ~ a 1""CSS Date L.:- ~~d \\)- d I ~bS 16C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: Greeley and Hansen LLC. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I Task II Task III Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule uA" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Greeley and Hansen LLC Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16C14 SCHEDULE B RATE SCHEDULE Professional Hourly Fee Principal/Associate $175.00/hr Chief Engineer $160.00/hr Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer/Senior Designer $ 90.00/hr Associate Engineer/Inspector $ 75.00/hr CAD Technician $ 65.00/hr Technician $ 45.00/hr Support Clerical, other support $ 60.00/hr $ 50.00/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B TPA#1971265.5 Fixed Term PSA B-1 Client#: 5666 GREELAND ACORDTM CERTIFICATE OF LIABILITY INSURANCE TE 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER USllnsurance Services Corp. of IL dba USI Midwest 100 South Wacker Drive, 16th Floor Chicago, IL 60606 Greeley and Hansen LLC 100 South Wacker Drive 14th Floor Chicago, IL 60606 INSURERS AFFORDING COVERAGE INSURER A The Travelers Indemnity Company INSURER B: The Travelers Insurance Company INSURER C: St Paul Insurance Company INSURER D: Continental Casualty CO. INSURER E: NAIC# 25658 36161 24805 11177 INSURED THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRC TYPE OF INSURANCE POLICY NUMBER PJ>.t+~Y :~r~8;w\E p~~fJ I~~~~~N LIMITS A ~ERAL LIABILITY P630100L6916TCT05 07/01/05 07/01/06 EACH OCCURRENCE $1 000000 X COMMERCIAL GENERAL L1ABILllY I ~~~~?E TO RENTED $100 000 I CLAIMS MADE [iJ OCCUR MED EXP (Anyone person) $5 000 - PERSONAL & ADV INJURY $1.000 000 GENERAL AGGREGATE $3.000 000 GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $2.000 000 ~h PRO- POLICY JECT LOC B ~TOMOBILE LIABILITY P810100L6916TIL05 07/01/05 07/01106 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY ~ (Per accident) $ NON-OWNED AUTOS PROPERlY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C ~ESS/UMBRELLA LIABILITY QK0121036 07/01/05 07/01/06 EACH OCCURRENCE $10 000.000 X OCCUR 0 CLAIMS MADE AGGREGATE $10000.000 $ ~ DEDUCTIBLE $ X RETENTION $0 $ A WORKERS COMPENSATION AND PHUB100L691605 07/01/05 07/01/06 X I WC STATU-: I 10J~- EMPLOYERS' LIABILITY $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT D OTHER Professional AEA008221445 07/01/05 07/01/06 $10,000,000 Each Occ Liability $10,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CONTRACT 05-3785 FIXED TERM UTILITY ENGINERING SERVICES. COLLIER COUNTY FLORIDA IS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES BUT ONLY WITH RESPECTS TO OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED AT THE DESCRIBED LOCATION OR PROJECT. COVERAGES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .......3.0- DAYS WRITTEN Purchasing Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 East Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Naples, FL 34112 REPRESENTATIVES. A~ESENTATIVE '8.~, ACORD 25 (2001/08) 1 of 2 #S181909/M178147 KRS @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #S181909/M178147 16C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $300,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 loCt4 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16C14- SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Greeley and Hansen LLC 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. Greeley and Hansen LLC BY: ;:j.tZ-lJ~ TITLE: P12INCI PAL DATE: {)C70BEIL <0. '2-00$ D-1 16 C14 '1 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Ayres Associates Inc. 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. Ayres Associates Inc. BY: TITLE: E x e C lJ t i ve Vie e Pre sid e n t DATE: 09 /2R /05 D-1 -.~-_...... 16 C14 MEMORANDUM Date: November 3, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Michelle Morales, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" CSntractor: HDR Engineering, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copIes. If you should have any questions, you may contact me at 732-2646 ext 7240. Thank you, Enclosures (3) 16 C14 - , Memorandum \rft \~'}' J 1 ~ October 20, 2005 0 ~ DATE RECEIVED OCT 2 D 2005 RISK MANAsEHENT DATE: TO: Sheree Mediavilla, Risk Manager Risk Management Department FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: HDR Engineering, Inc. This Contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullin, PUED 16 C14 ITEM NO.: DATE RECEIVED: " ~~i,. ;-~,;t lH" {HI: llJUN 1)1 ATTORNEY 2005 OCT 2 I PH 2: 4 7 FILE NO.: ROUTED TO: o ~- ft.c- {)03/fl DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 20, 2005 To: Robert Zachary Assistant County Attorney From: Lyn M. Wood, C.P .M. Contract Specialist 732-2667 Re: Contract #05-3785 "'Fixed Term Utility Engineering Services" Contractor: HDR Engineering, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. c-~~ 1(_ (....-05 Contract 05-3785 16 C14 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into this ~'-ay of xt ,(}i;IV~k-1 200S by 7 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 HDR Engineering, Inc., authorized to do business in the State of Florida, whose business address is 2202 N West Shore Boulevard, Suite 250, Tampa, Florida 33607-5755 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16 C14:1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 16 C14 terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 16 C14 1.5 CONSULTANT hereby designates Paul A. Bowdoin, PE as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 -16 C14 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 16 C14 conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 16 C14 ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 16 C14 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 16 C14 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 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 16 C14 of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 performance of the Services, at its direct cost with no markup, to the extent sul r6,bCslm~t is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSUL TANT will be deemed to be a reimbursable expense. A-11 16 C14 ,i 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or 16 C14 copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 11- ...6 C 4 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 - 16 C14 · '-'~<i ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 . 1 ,-- The Certificates of Insurance, which are to be provided in the form Qtta~e'd ~ 9.3.4 Attachment I to Schedule C. must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the the exclusive venue for any action concerning any matter under those policies shall be in the appropriate court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16 C141 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16 C14 requIre each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 16 C14 termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 16 C 14 -- the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16 C14 the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16 C14 as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 16 C14 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 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: HDR Engineering, Inc. 2202 N West Shore Boulevard, Suite 250 Tampa, Florida 33607-5755 Telephone: 813-282-2300 Fax: 813-282-2440 Attn: Paul A. Bowdoin, PE 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 16 C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 16 C14 ARTICLE 18 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 r 16 C14 - "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: ~ ::- "...1. Dat~(:' J , ! 6 " " ~.~.:. .... ...~..II.~ ~~s IfONlIIr.t OtN._H;'.i..' .......::- '.. " ..~ r .* , ," "~ Appro~~~ 'a~;t9.:tf1~~'n~ Ie ". ncy: ." ,,/ I ~r~() ~ Yw'd~ A-27 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: '1uJ- W. c+- Fred Coyle, Chairman HDR Engineering, Inc. By: ;:;2/5~ '" ". 16 ell,. - Paul Bowdoin. Senior Vice President Typed Name and Title Item# !fc, C ILl Agenda n n 7 Dale ...:!' L -05 16 C14 '..... WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: HDR Engineering, Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I Task II Task III Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "An of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: HDR Engineering, Inc. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16 C14 -. SCHEDULE B RATE SCHEDULE Professional Hourly Fee Principal $175.00/hr Chief Engineer $160.00/hr Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer $ 90.00/hr Associate Engineerllnspector $ 75.00/hr CAD Technician $ 65.00/hr Technician $ 45.00/hr Support Clerical, other support $ 60.00/hr $ 50.00/hr Administrative Assistant, Secretary This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B TPA#19712655 Fixed Term PSA B-1 16 C14. PRODUCER DATE (MMlDDIYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 06/01/2006 10110/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A THE AF D BY T P LI IE L W. Lockton Companies 444 W. 47th Street, Suite 900 Kansas City Mo 64112-1906 (816) 960-9000 INSURERS AFFORDING COVERAGE INSURED 1014392 HDR ENGINEERING, INC. ATTN: LOUIS J. PACHMAN 8404 INDIAN HILLS DRIVE OMAHA, NE 68114-4049 INSURER A. ZURICH AMERICAN INS CO. - O.P. KS INSURER B AMERICAN GUARANTEE & LIAB ZURICH INSURERC SENTRY INSURANCE A MUTUAL COMPANY INSURERD. CONTINENTAL CAS (V.O. SCHINNERER INSURER E . COVERAGES SA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I,N~ POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS ~ERAL LIABILITY I EACH OCCURRENCE $ 1 000 000 A X 3MMERCIAL GENERAL LIABILITY GL03504583 06/01/2005 06/01/2006 FIRE DAMAGE 'Anv one fire) $ 1 000 000 - CLAIMS MADE [XJ OCCUR MED EXP IAnv one nersonl $ 10 000 - PERSONAL & ADV INJURY $ I 000 000 GENERAL AGGREGATE $ 2 000 000 ~'L AGGREFilllMIT AP~ PER PRODUCTS - COMP/OP AGG $ 2 000 000 POLICY X j~2T X LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 B ~ ANY AUTO BAP3504584 06/01/2005 06/01/2006 (Ea accidenl) - B ALL OWNED AUTOS T AP3504586 06/0 I /2005 06/01/2006 BODILY INJURY - $ XXXXXXX - SCHEDULED AUTOS (Per person) JL HIRED AUTOS BODILY INJURY $ XXXXXXX ~- NON-OWNED AUTOS (Per accldenl) PROPERTY DAMAGE $ XXXXXXX (Per accident) ~AGE LIABILITY AUTO ONLY - EA ACCIDENT: $ XXXXXXX ~ ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY. AGG $ XXXXXXX EXCESS LIABILITY ~CURRENCE $ 1,000,000 B W OCCUR D CLAIMS MADE AUC3808400 06/0112005 06/01/2006 ,~_EGATE $ 1,000,000 ~ ~ UMBRELLA (EXCLUDES PROF. LIAB) $ XXXXXXX DEDUCTIBLE FORM $ XXXXXXX RETENTION $ $ XXXXXXX C WORKERS COMPENSATION AND 90-14910-01 06/0112005 06/01/2006 X 1~~"~~~~YT~ T 1~~H- C EM PLOYERS' LIABILITY 90-14910-02 06/01/2005 06/01/2006 E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1 000 000 EL DISEASE - POLICY LIMIT $ 1 000 000 D OTHER PLA 113978408 06/01/2005 06/01/2006 I :ER CLAIM. $2,000,000. AGG. ARCHS & ENGS PROFESSIONAL $2,000,000. LIABILITY DESCRIPTION OF OPERATIONSlLOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONTRACT 05-3785 - FIXED TERM UTILITY El\'GINEERING SERVICES. COLLIER COUNTY IS NAMED AS ADDITIONALINSURED AS RESPECTS GENERAL LIABILITY COVERAGE, ONLY AS REQUIRED BY CONTRACT. CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER LETTER: CANCELLATION 2412339 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY GOVERNMENT DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO- MAIL.lQ.. DAYS WRITTEN ATTN: LYN M. WOOD, C.P.M. ADMINISTRATIVE SERVICES DIVISION NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILlJRE TO DO SO SH^LL CONTRACTS ADMINISTRATION ~~R-b1ABltdTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 EAST TAMIAMI TRAIL REPRESE~ NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE ~ # ---L- I ACORD 25-S (7/97) For questions regarding this certificate, contact the number listed in the 'Producer' section above and specify the client code 'HDRIN01'. @ACo-RD CORPORATION 1988 16 C14. SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16 C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16 C14 J purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSA liON AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16 C14J 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16 C14 Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16 C14:~ (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be 'carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16 C14 i Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16 C14 . (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16 C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16 C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16 C14 _ ... SCHEDULE 0 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, HDR Engineering, Inc. 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. HDR Engineering, Inc. BY: ~::3.-.L- TITLE: Senior Vice President DATE: September 23. 2005 / D-1 _._.---.--._~'-~-~----_._- .... 16 C14 MEMORANDUM Date: November 2, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Michelle Morales, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: CH2M Hill Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copIes. If you should have any questions, you may contact me at 732-2646 ext 7240. Thank you, Enclosures (3) 16 C14 . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Of/lee. The completed routing slip and original documents are to be l'orwarded to the Board Otlice only after the Board has taken action Oil the itcm.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 throutzh #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routil1lZ order) 1. 2. 3. 4 Colleen M. Greene County Attorney CMG 11/01/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lyn M. Wood, C.P.M. Phone Number 732-2667 Contact Contract Specialist Agenda Date Item was September 27, 2005 Agenda Item Number 16 (C) 14 Approved bv the BCC Type of Document Contract #05.3785 "Fixed Term Utility Number of Original Five (5) Attached - Agreement Engineering Services" Contractor: CH2M Hill Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating wbere tbe Chairman's CMG si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on September 27. 2005 and all changes CMG made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Hcable. N/A (Not A licable) 2. CMG 3. 4. 5. CMG 6. I: Forms! County Forms/ BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05 ITEM NO.: DATE RECEIVED: FILE NO.: 0..5 -PRe - /J(}31 ?-- ROUTED TO: 16 C14 ~ I.J'OuNkCAUrt J J-IE I ORNEr 2005 OCT 31 II M/1I!: 33 DO NOT WRITE ABOVE TIDS LINE REQUEST FOR LEGAL SERVICES Date: October 12,2005 RClbprl 7~~h~~ (J. ~~ Assistant County Attorney To: From: Lyn M. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: CH2M Hill BACKGROUND OF REQUEST: // ,.d"' \L~ Jb~)(V' . , r\ci-' C\V~ ~~1tl1 This contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 16 C14 DATE: October 12,2005 Memorandum / \07 .) J ,:>' y\o\ Sheree Mediavilla, Risk Manager 0 Risk Management Department TO: FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: CH2M Hill This Contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullen, PUED ('U\.T//~~ ~ .., I I dOd I ;Z/ 000/ oC) 0 P L a i::t;~ Glm/~ cOn-- cJ () (J DATE RECEIVED OCT '3 2005 RlSK HAHAGfHENr .N~ / (f/ r; Contract 05-3785 16 C14 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into this$ay of ~n/l..().P/1. 200 ( 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, authorized to do business in the State of Florida, whose business address is 1415 Panther Lane, Suite 159, Naples, Florida 34109 (hereinafter referred to as the "CONSUL TANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16 C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 terms of the understanding reached by the parties with respect to such Services anlifQ,tt~lb are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 1.5 CONSULTANT hereby designates William D. Beddow, P.E. as its 16m~" (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the Services p...-.J to be provided and performed under the Work Order. Further, thc Project Coordinator has full cfullluliLy to l.JillJ alld obligate the CONSULTANT on 811 n"I8tters 8risif'lg out of or rel8ting to the Vlork 0ffieF; The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 16C14. 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 conventions (Le. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, e!, 2d ~!r.!t ' industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 ARTICLE 3 OWNER'S RESPONSIBILITIES 16 C14 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandabiJity, and any budgetary limitations; A-7 16 C14 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-a of such delay, stating the specific cause or causes thereof, or be deemed to ha! 2iV~ !n~g' which CONSULTANT may have had to request a time extension for that specific delay. 4.3 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 of the Agreement period have been completed. This Agreement may be renewe~ {?, a~a!i!!a' three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 performance of the Services, at its direct cost with no markup, to the extent such ~i~ufl~s 4 permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 CONSULTANT shall bear and pay all overhead and other expenses, ex!pRr ~u!o~e' 5.3 reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 16 C144 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A.13 16 C14. such later date as may be required by law; provided, however, such activity shall be conducted only , during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1 . A-14 ARTICLE 9 INSURANCE 16 C144 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-15 _ ...-..M"'-.--.-. 9.3.4 The Certificates of Insurance, which are to be provided in the lAWs ., Attachment I to Schedule C. must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 the services of any other person or firm by CONSULTANT, as independent consuttlt g otCe!iS; 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16 C14 q require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 16C1441 termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANTS 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 CONSULTANTS principals, officers or directors, or (d) CONSULTANTS failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANTS failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 16 C144 the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16 C14. the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice -to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 TRUTH IN NEGOTIA liON 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16 C14 as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 16 C14 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 1415 Panther Lane, Suite 159 Naples, Florida 34109 Telephone: 239-591-6784 Fax: 239-591-6601 Attn: William D. Beddow, P.E. 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 17.4 Waivers by either party of a breach of any provision ofthis Agreement shall tt ~ d~!edLt. . 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule 8 RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 ARTICLE 18 APPLICABLE LAW 16 C14. 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 "A person or affiliate who has been placed on the convicted vendor 116 C 14 following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.1I ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: BOARD 0 COMMIS; COUNTY COLLIER C~~~RS FOR TY, FLORIDA I 16 C14 4 :;~.~k'~ on Dat".\ . (,v ~."\" - -...;. .~n ~'" Sf'q;)' " ." to,a ~. "__~:~ur~."o111. " 1:1..... Approv'Mcas1p S legal suffil . . to fOrm and (' .cy: Assistant CO 1)1l,JJW(2~ unty Attorney By: '1uJ- w ~ Fred Co . yle, Chairman 'f CH2M Hill Witness 8--1 ~.~ 1t.~BY:~v.-~ ~ R'v->5CLL . Typed Name a~ T:BOiJc-/!/ r~ Wrtness Itle . . I vt'CC ,DP/: 1'..... .), I!J€ /',/ T A-27 16 C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: CH2M HILL. Scooe of Work: As detailed in the attached proposal and the following: · Task I · Task II · Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Comoensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I $ Task II $ Task III $ TOTAL FEE $ Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: CH2M HILL Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16 C14 SCHEDULE B RATE SCHEDULE Professional Hourly Fee Principal $175.00/hr Chief Engineer $160.00/hr Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer $ 90.00/hr Associate Engineerllnspector $ 75.00/hr CAD Technician $ 65.00/hr Technician $ 45.00/hr Support Administrative Assistant, Secretary $ 60.00/hr Clerical, other support $ 50.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B C-1 va~e: LV/~~/dVU~ Tl.Ine: J: 'its AfIl 'l'Ot I!!I ~.U!lrl'lIll1'ill TR114 PorU 16'c'14 .. M A. rrsl-l -~-_..-- -_._-~~.-_. .n_ ~~_."'__~~___"~ CERTIFICATE HUIIBER SEA-00D9023DH 1 Tin CEllTlPlCAn Ia '.'UED U A IMTTEJI. Df IIlFQIlMATlQN ONLY AND CQNFERS NO RIGltTI UI'DIf Tie CIRTIPICATE. HOulu OTHER THAN THOSE rllOVIDED IN THE P<<.ICl. nas CIII.Tl"CATI DOIS NOT AMIND. IXTI!NP till AlTER THE COVEllAc;E AfFtIIlDEIt IY THE I'OUCIU lIUClIllIIl HEIlEIN. COMPANIES AFFORDING COVERAGE PRODUCER MARSH USA. INC. 122517TH STREET. SUITE 2100 DENVER, CO 80202.5534 15i 14 .OOOO5-ALL2M. TPA 859023 COIolPANY A ZURICH AMERICAN INSURANCE COMPANY INSURED CH2M HILL. INC. 4350 WEST CYPRESS STREET. SUITE 600 TAMPA, Fl 33607 COMPANY B COIolPIINV C COIoIPIINY o COVERAQ~S'. :;!M;~-f':' -,;~,. :=0.'''''-. _ _ _ .... ~:'I:fI.T~~~~j,;;l::i'}:\"r~ THIS IS TO CEllTIFY lHAT POlICIES OF INSURANCE llESClIIIED HeREIN HAVE BEEN ISSUED TO THe INSURED NAMED HEREIN FUR THE POI.lCr PERiOD INDICATED. NOTWrTHS TANDING Ator( REQUREMENT. TERM OR COIIOI1ION OF A/(f COHTRACT OR OTHeR DOCUMENT Wmt RESPECT TO WHK:H THE CERTIACA TE I.IA Y I!E ISSUED OR MA v PER1 AIN, THE INSURANCE AFFORDED BY THE POUCES DESCRBED HEREIN IS SUBJECT TO ALL 1liE TERMS, CONDITIONS ANO EXCUlSKlNS OF SUCH POlCIES. AGGREGI<IT LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAlO ctAlUS. CO ! lTR' TY~E OF IlISUAANCE !'OLICY HUllIlEiIl ~DUCY EFFECTIVE POLICY EJ[~IRAl1D1f l DIlTi r-DDlYYI DATEfMMlDlYY) I L1MIT$ GEHI!IUl. UAllIU'TY i COMMER::lAl GENERALLlA8UTY I W- . CLAIMS WIDE n OCCUR I . I ow NER'S & CONTRACTOR'S PROT I I i GENERAL AGCOREGA TE i $ ~OOUCTS - COMPfOP AGG -; i PERSONAL & N3V IWIJRY AUTOMOIIILE LIABILITY j ANY AUTa ...) ! ALL ClINIoJED AUTOS SCHEDULED AUlDS COMBINED SiNGlE LIMIT $ '-i I HIREDAlJTOS n ~~NEDAUms GARAGE L1411lUTY I r--! A~==- EXCESS LIABILITY iI UMBRElLA FOIlM Ii OTHER THAN UMBREUA FOIl'" I WORKERS COllPEH TlON AND , E"PLOURS' UA8JLITY 1 BOOIL Y INJURV ! (Per- po.....) 1$ I -I I : IlODIL v INJURY j lPer- """""'nJ) I~~~ERTY OAIMGE I i ~~:O:::=7:: ~;"i r-~~-'I I AGGREGI<TE i $ $ $ : EACH OCCURRENCE $ AGGREGI<TE . -===t~- 1$ THE PROPRIETORI PARTNERS/EXECUTlVE OFFICERS ARE- IOTHER ,'I :PROFESSIONAL LIABILITY' 05101105 05101/06 $2,000.000 EACH CLAIM AND TOTAl FOR All CLAIMS DESCIlIPTlON OF OPERATIOHSILOCAnOllSlVIHICUSlSl'I!aAL ITEMS RE PROJECT. FIXED TERM UTUTIES ENGINEERING SERVICES: PM: Bill BEDDOW. -FOR PROFESSIONAlllABIUTY COVERAGE. THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR All OPERATIONS OF THE INSURED. mE LIMIT Will BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. CERTI-F.J.-~~~~~~~~t~;]ji1~j~~~i*~j~~~i~~~1~~~ ~~mt~~1r~~~~~4~JJ~~~i![1~~~~~~'::~;;';;;;:: SHOUlD ANY OF 'THE P'Ql.ICES OESCR.EO HHlEIN BE CAioICELLED BEFORE 1'HE. EXPIRATION OArE ~fREOC. THE NSURER A~F'CNItDI'fG COVERAGE wtLL EftDEA.'iOR TO MAL ----1!l. DAYS >NRmt:N NOTICE TO 1Hf COlLIER COUNTY 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 ::::ERTFlC4lE HOLOER Nl\ME:D "fREIN:, (JUT F....!~URE TO MAIL SUCH HorlCE SHALi. IMPOSE NO 06LICJoTJON OR LMIUT"Y or AMY l(JotD UPON THE" INSURER A,FFORDING COVER.I\GE, ITS AGENTS OR IlErRESENTATJYES_ 00 'I'xf ISSU'ER OF THI$.CERllFa.lE. Wol'.SIl uu. INC. WI: DorOll1y A. SIBYIlns &,..~ a ~, .*' .'_,-,-'-.-- ------. VALID AS OF::i10I28i05 lQ~~~.;:il-;;ilW;~-;;~ti. ,.c,. ';i'-~i~'~, ,',: ;,:",~;.;:',~;~'" :;.~"-_.>.,. . '-,':".: 16 C14 .. MARSH CERTIFICATE NUMBER SEA-000902300-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN, COMPANIES AFFORDING COVERAGE PRODUCER MARSH USA. INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 15114 -00124-ALL- TPA 859023 COMPANY A ZURICH AMERICAN INSURANCE COMPANY CH2M HILL, INC. 4350 WEST CYPRESS STREET, SUITE 600 TAMPA, FL 33607 COMPANY B AMERICAN ZURICH INSURANCE CO. INSURED COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE ---~._~_.._--------- I POLICY NUMBER POLICY EFFECTIVE -;OLICY EXP~~T~"-~- 'LIMITS OA TE (MMlDDIYY) DATE (MMIDD/YY) , 'GENERALAGGREGATE ~ 'J:.RODUCTS . COMP/OP AGG $_____ PERSONAL & ADV INJURY ,$ "-S' FIRE DAMAGE (Any one"fir~L_..2____n_ $ S EACH OCCURRENCE 5,000,000 5,000,000 1,500,000 --------- 1,500,000 1,500,000 GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY GL03784726-01 CLAIMS MADE [8J OCCUR OWNER'S & CONTRACTOR'S PROT X $5D.O.oOOS1~___ 05/01/05 05/01/06 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 X ANY AUTO , ALL OWNED AUTOS I SCHEDULED AUTOS HIRE D AUTOS NON-OWNED AUTOS BAP8378516-10 (AOS) ITAP8378560-10 (TX) I I I I 05/01/05 05/01/05 05/01/06 , 05/01/06 BODILY INJURY (Per person) $ BODILY INJURY (Per accidenl) $ I ----~i PROPERTY DAMAGE $ ---I I I I~UTO ONLY. EAA..CCJD. ENT ,$ OTHER THAt-!~TQ..QIil:L I ___..." EACH ACCIDENT S AGGREGATE S EACH OCCURRENCE I $ ---_._~-------- AGGREGATE '$ GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B A A THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER ,-- X IWC8378566-11 (AOS) INCL 'WC8378565-10 (WI & MA) EXCL WC3784761-00 (HI & 10) 05/01/05 05/01/05 05/01/05 05/01/06 05/01/06 05/01/06 EL DISEASE.POLlCY LIMIT EL DISEASE-EACH EMPLOYEE 1,000,000 1,000,000 --- ----- 1,000.000 X DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS RE PROJECT - FIXED TERM UTILITIES ENGINEERING SERVICES; PM: BILL BEDDOW. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. COVERAGE PROVIDED BY THE ABOVE GENERAL LIABILITY AND AUTO POLICIES SHALL BE PRIMARY AND IS LIMITED TO THE LIABILITY RESULTING FROM THE NAMED INSURED'S OWNERSHIP AND/OR OPERATIONS CERTIFICATE HOLDER COLLIER COUNTY 3301 EAST TAMIAMI TRAIL NAPLES. FL 34112 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE INSURER AFFORDING COVERAGE WilL ENDEAVOR TO MAIL --3Jl DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Dorothy A. Stevens ~ a #.-.,...... 16 C14,~ ADDITIO DATE (MM/DD/YYI 09/27/05 COMPANIES AFFORDING COVERAGE PRODUCER MARSH USA, INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 TPA E' COMPANY E ~_~__~_______ ~~ COMPANY F - - ! COMPANY 15114 -00124-ALL- 859023 INSURED CH2M HILL, INC. 4350 WEST CYPRESS STREET, SUITE 600 TAMPA, FL 33607 G COMPANY H TEXT CONTINUED FROM DESCRIPTION SECTION: WORKERS' COMPENSATION INCLUDES WAIVER OF SUBROGATION. CERTIFICATE HOLDER COLLIER COUNTY 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 MARSH USA INC, BY MARSH 16 14 PROOUCER MARSH USA, INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 CERTIFICATE NUMBER SEA-000902301-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE ODES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE 15114 -00005-ALL 1-2000 TPA 859023 COMPANY A ZURICH AMERICAN INSURANCE COMPANY CH2M HILL, INC. 4350 WEST CYPRESS STREET, SUITE 600 TAMPA, FL 33607 COMPANY B INSURED COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO L TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YYj LIMITS CLAIMS MADE OCCUR GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PER~~AL & ADV INJURY EA~~OCCURRENC~~ :.J'IRE_~AMAGE (Anyone fire) MED EXP (Anyone erson $ $ $ $ $ $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per pe",on) COMBINED SINGLE LIMIT I $ -..----.,----1--------- !$ BODILY INJURY (Per accident) $ PROPERTY DAMAGE , $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT I 1------------------- I.Q~HER I'2i\N AUTO ONLY: _~_E~H ACCIDENT $ I AGGREGATE $ EACH OCCURRENCE ! $ EXCESS LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE' OTHER INCL WC STATU- ~----.!9RY LIMITS _ ___ ER I~~CH A~CIDENT_~_~__ EL DISEASE-POLICY LIMIT $ EL DISEASE-EACH EMPLOYEE $ , $ fs , UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AGGREGATE A PROFESSIONAL LIABILITY' 05101105 05101106 $1,000,000 EACH CLAIM AND TOTAL FOR ALL CLAIMS DESCRIPTION OF OPERATlONSILOCATIONSIVEHICLESISPECIAL ITEMS RE PROJECT - FIXED TERM UTILITIES ENGINEERING SERVICES; PM: BILL BEDDOW. -FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. CERTI FICA TEHOLDER COLLIER COUNTY 3301 EAST TAMIAMI TRAIL NAPLES,FL 34112 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -3.0.. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAll SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE iSSUER OF THIS CERTIFICATE MARSH USA INC. BY: Dorothy A. Stevens ~&I. g..~ 09127105 16 C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-2 16 C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-3 16C14. purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-4 16 C14 .... 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-5 16 C14.. Completed Operations and Products and 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 acceptance 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 I 000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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.1I Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-6 16 C14J (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-7 16 C14. Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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 IIdrop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-8 16 C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-9 16 C14A. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-10 16 C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-11 16 C14 . SCHEDULE 0 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes I 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. CH2M HILL ~v:~ BY: R U~)Se LL i/ eOW€II/. .PL TITLE: /// c.t::.- /'.t( ESt ot- ,ll/J J . ~ DATE: 9 30 /0'> D-1 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN!LIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT _ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI A~ 1 4 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. TIle completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's si.e;nature, draw a line throucli routing lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl!: order) 1. 2. 3. 4 Colleen M. Greene County Attorney CMG 12/02/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to aonrove the item.) Name of Primary Staff LynM. Wood, C.P.M. Phone Number 732-2667 Contact Agenda Date Item was September 27, 2005 Agenda Item Number 16 C 14 Approved bv the BCC Type of Document Contract #05-3785 "Fixed Term Utility Number of Original Five (5) Attached - Agreement Engineering Services" Contractor: MHW Documents Attached Americas, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on September 27. 2005 and all changes CMG made during the meeting have been incorporated in the attached document. The Co un Attorne's Office has reviewed the chao es, if a licable. CMG CMG I: Formsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C14 MEMORANDUM Date: December 5,2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: MHW Americas, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Wednesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) 16C14 TO: Sheree Mediavilla, Risk Manager Risk Management Department Memorandum \04 \~~' OV--> \\ 'V ~C(\'lt\l up,. ,f 1 \ 1t.),\\~ ~CN ~Gt."'t."" ~\S't.. DATE: November 21,2005 FROM: LynM. Wood, C.P.M. foAl J Contract Specialist ~ ~r Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: MWH Americas, Inc. RE: This Contract was approved by the BCC on September 27,2005; Agenda Item l6(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullin, PUED " 16C14 Contract 05-3785 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into this~ay of ~~~ 200~ 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 MWH Americas, Inc., authorized to do business in the State of Florida, whose business address is 250,3 Del Prado Boulevard, Suite 430. Cape Coral, Florida 33904 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision. such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 16C14 ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT aCknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 16C14 terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid I CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 16Cl q 1.5 CONSULTANT hereby designates Kevin Kelly, Senior VP as its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSUL TANT with respect to directing, coordinating and administering all aspects of the Services to be provided and performed under the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 16C14; 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization I without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 16 Cl Lt , conventions (Le. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc) I and adhere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 ARTICLE 3 OWNER"S RESPONSIBILITIES 16C14 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect. or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 16C14 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 16C14 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 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 16C14 of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 J. b C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties I as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having juriSdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 . , - 16C14 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 16C14 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7 .1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 16C14 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSUL T ANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER. its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 16C14 ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A.15 16 C 11, 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C. must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSUL TANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16CILJ N 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsuftants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsuftant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16C14 require each subconsultant or subcontractor to enter into similar agreements with its sub~ subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A~18 16C14 termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSUL T ANTS failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 CONSULTANTS principals, officers or directors, or (d) CONSULTANTS failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect. in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 othelWise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANTS remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 16C14 the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under A-20 16C14 the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16C14 as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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 foHowing OWNER'S address of record: A-22 16C14 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 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: MWH Americas, Inc. 2503 Del Prado Boulevard, Suite 430 Cape Coral, Florida 33904 Telephone: 239-573-5959 Fax: 239-573-6007 Attn: Kevin Kelly, Senior VP 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 17 MISCEllANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 16C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 16C14 ARTICLE 18 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 16C14 "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 " ,,\; r..: ~n~ ' ATTEST' ~. i.l:/r.., b. ~ ~.A'ai:' ~_~~t~}i: B' ,t;;:':)Jif,'''''' .." \..f\ .--...... Y. :""'i~, ..... ,.' F'~ . ._ll,'fF,...~, . .-' ....<-:i.~ Date: \ d -$- dfiJi5! '>' Approved as to form and legal sufficiency: CoPffN1~A2tV2 Assistant County f\ttorney \..,/ . . .~ ?,"l..' c; Witness '2J V' ti~!W V 'h(~ A-27 16C14 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: '1uJ- w, ~ Fred Coyle, Chairman By: 16C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: MWH Americas, Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "AU of the original Contract Agreement PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: MWH Americas, Inc. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16C14 SCHEDULE B RATE SCHEDULE Professional Hourlv Fee Principal $175.00/hr Chief Engineer $160.00/hr Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer $ 90.00/hr Associate Engineer/Inspector $ 75.00/hr CAD Technician $ 65.00/hr Technician $ 45.00/hr Support Administrative Assistant, Secretary $ 60.00/hr Clerical, other support $ 50.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B 1'/>'\#19712655 Fixed Tenn PSA B-1 M1DDIVY) ACORDTN CERTIFICATE OF LIABILITY INSURANCE 08/31/2006 11/ /2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PRODUCER Lockton Companies 8110 E Union Avenue Suite 700 Denver CO 80237 (303) 414-6000 INSURERS AFFORDING COVERAGE INSURED 1052589 MWH Americas, Inc. (formerly: Montgomery Watson Americas, Inc.) 380 Interlocken Crescent, Suite 200 Broomfield CO 80021 INSURER A: Zurich American Insurance Com an INSURER B: N alional Union Fire Ins. Co. of P A INSURER c: Lexin ton Insurance Com an INSURER D : INSURER E : COVERAGES vw THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .I."~: POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS ...Q!.NERAL LIABILITY EACH OCCURRENCE $ 1.000.000 A X COMMERCIAL GENERAL LIABILITY GL04277220-00 08/31/2005 08/31/2006 FIRE DAMAGE 'A~ one firel $ 500 000 I CLAIMS MADE W OCCUR MED EXP 'Anv one ~rson\ $ Excluded - PERSONAL & ADV INJURY $ 1 000 000 - GENERAL AGGREGATE $ 2 000 000 ~'L AGGRErii ~~g APn PER: PRODUCTS - COM PlOP AGG $ 2 000 000 POLICY X JECT LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A ~ ANY AUTO BAP427722 1-00 (AOS) 08/31/2005 08/31/2006 (Ea accident) A - ALL OWNED AUTOS T AP4277222-00 (TX) 08/31/2005 08/31/2006 BODILY INJURY $ XXXXXXX SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY XXXXXXX $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ XXXXXXX (Per accident) ~AGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ 20,000,000 B ltj' OCCUR 0 CLAIMS MADE BE4484886 08/31/2005 08/31/2006 AGGREGATE $ 20,000,000 ~ ~ UMBRELLA $ XXXXXXX DEDUCTIBLE FORM $ XXXXXXX RETENTION $ $ XXXXXXX A WORKERS COMPENSATION AND WC42772 1 8-00 (AOS) 08/31/2005 08/31/2006 X WCSTATU- I 1l?~H- A EMPLOYERS' LIABILITY WC4277219-00 (MA&WI) 08/31/2005 08/31/2006 EL EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1 000 000 EL DISEASE - POLICY LIMIT $ 1.000 000 OTHER C Professional Liability 4649099 10101/2005 1010112006 $10,000,000 each claim $10,000,000 aggregate DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTI5PECIAL PROVISIONS RE: Contracl 05-3785 - Fixed Tenn Utility Engineering Services. CERTIFICATE HOLDER I X I ADDITIONAL INSURED' INSURER LETTER: CANCELLA TIONrM36O(j()1 2394362 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County DATE THEREOF, THE ISSUING INSURER WILL ENIlEIWOR TO MAIL 60 DAYS WRmEN Alln: Purchasing Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 110 SO SHALL. 3301 EaslTamiami Trail Purchasing Building IMPOllE NO OBL.IGATlON OR LIABILITY OF Am KINO UPON T~E INSURER, ITS "'GENn OR Naples, FL 34112 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE lM.Y..o.,...... . I N\ O~.d.l A- ACORD 25-S (7/97) For quntioM regarding this eertifk:.., conleet the number lilted In the .Produc.... nction above end apectfy the client code 'MWHGL01'. C ACORD CORPoRXTION 1988 16C14 0.0.0 Cancellation clause also reads: Ten (10) days for non-payment. Certificate Holder and any other entity are Additional Insureds as respects General Liability, Auto Liability & Umbrella Liability if required by written contract. Coverage is primary/non-contributory if required by written contract. Waiver of Subrogation applies in favor of Certificate Holder and any other entity as respects General Liability, Auto Liability, Umbrella Liability & Workers' Compensation if required by written contract. Master ill : 1052589 Miscellaneous Attachment: M36060 11108/2005 16C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the pOlicies will not be canceled or C-1 16C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSA liON AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16C14 Completed Operations and Products and 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 acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Prod ucts/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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16G14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 16 C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16C14 PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability pOlicies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16Cl" (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16C14 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, MWH Americas, Inc. hereby certifies that wages, fates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided undef the Professional Services Agreement, concerning Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. MWH Americas, Inc. BY: t TITLE: Senior Vice President DA TE:-1lju{ 0-( D-1 16 Cl ~ MEMORANDUM Date: December 1, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Department Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Camp Dresser & McKee Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C14) approved by the Board of County Commissioners on Wednesday, September 27, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) ITEM NO.: '., . .'-rU: Uf I HE. t;()UNTY ATTORNEY DATE RECEIVED: os-ft..c- C}tJ3(;,r:;- 2~U5NOV29 AMII: /9 16 C14 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE TillS LINE REQUEST FOR LEGAL SERVICES Date: November 28, 2005 To: Robert Zachary Assistant County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Camp Dresser & McKee Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27,2005; Ag{(nda Item 16(C)14 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. Cf-- ~ ( t / 7 bCX~ l 60~~(f' .. 16 C14 Memorandum DATE: (;)4 November 28, 2005 O~ tJ>~ \V Sheree Mediavilla, Risk Manager Risk Management Department TO: FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract #05-3785 "Fixed Term Utility Engineering Services" Contractor: Camp Dresser & McKee Inc. This Contract was approved by the BCC on September 27,2005; Agenda Item 16(C)14. Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Bill Mullin, PUED f~' l:!J 2005 ~- J ~ Contract 05-3785 16 C14 Fixed Term Utility Engineering Services THIS AGREEMENT is made and entered into thiS~Y of >4af~ 200.s: 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 Camp Dresser & McKee Inc., authorized to do business in the State of Florida, whose business address is 9311 College Parkway, Suite 1, Fort Myers, Florida 33919 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Utility Engineering Services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Utility Engineering Services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: A-1 ARTICLE 1 16 C14 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Utility Engineering Services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $300,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $3,000,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the A-2 ^.....^------.-"-....__.~~._---_.._,-"_.,.,.._-,- "."..,.._,.,,_."'.~,.~~'"'-,~-~-'''''-"-",'-------,.._-,..,,^" terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 16 C14 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. 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. A-3 1.5 CONSULTANT hereby designates W, Kirk Martin, P,G, as its princlalqn Cc!r~ (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Utility Engineering Services that will be required under this Agreement. The A-4 _.__._..c......_..____.~.__._,_.,"______~,.,..._".~"__.. 16 C14 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming A-5 ,.~.<- "--..-.----.,.--. conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to 16 C14 industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have know of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under the subject Work Order. A-6 16 C14 ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager 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 Services specified in the Work Order, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; A-7 16Cl~ (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 A-8 - '~'."'~"._~"__""""-""'--'''~'"".,."~."",,,.,..,-.~-- of such delay, stating the specific cause or causes thereof, or be deemed to have !a~d ~n~ ri~t which CONSULTANT may have had to request a time extension for that specific delay. 4.3 Unless otherwise expressly provided in the Work Order, 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 will be the right to seek an extension of time to the Schedule; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration A-9 ---,----..---- ..... ..... ,...,-.,.---""~_"._".."'.,.."__._'o_ of the Agreement period have been completed. This Agreement may be renewed for an additional 16 C14 three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANTS personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S A-10 16 C14 performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. A-11 16 C14 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under A-12 the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or 16C14 copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Work Order is completed, whichever is later, or such later date as may be required by law. 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, or A-13 16 C14 such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. A-14 ARTICLE 9 INSURANCE 16 C14 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. A-i5 16 C14 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSULTANT'S OWN STAFF 10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of A-16 16 C14 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. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall A-17 16C14 require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of A-18 16C14 termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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 directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 If I 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In A-19 __ ...'" <r 16C14 the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 prior written notice of such suspension. If all or any portion of the Services to be rendered hereunder 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANTS intention to stop performance under A-20 "~__""'~"""'.T .<;____ ~_ .~''''_e'__.''..,. 16 C14 the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSUL TANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes I the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price A-21 16C14 as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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: A-22 16 C14 Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 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: Camp Dresser & McKee Inc. 9311 College Parkway, Suite 1 Fort Myers, Florida 33919 Telephone: 239-432-9494 Fax: 239-432-9453 Attn: W. Kirk Martin, P.G. 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. A-23 .. J 16 C14 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, 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. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE A-24 16 C14 ARTICLE 18 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 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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 CONSUL TANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A-25 16 Cl h "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution I and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term Utility Engineering Services the day and year first written above. A-26 ATTEST: . ~. Dwight E. Brock, Clerk sy:~.C) .~~ ,&( Dat~: \ d.. -l- 0$ Attt.t' II to., Cha 1 run' s stgNt>>re only. 2dce: J.{!I ~i'-6D( Wi. ess ~iAd'1t' Witness A-27 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, '1uLW. ~ 16 C14 By: Fred Coyle, Chairman Camp Dresser & McKee Inc. By: /M<~~ W. Kirk Ma.rtin, Vice President Typed Name and Title Item # l C, ~~:da 9 ~ l ? ~oc; 16C14 WORK ORDER # Agreement for Fixed Term Utility Engineering Services Dated: ,200 (RFP/Bid 05-3785) This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated I 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: Camp Dresser & McKee Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Camp Dresser & McKee Inc. Signature of Authorized Company Officer Date Type or Print Name and Title A-28 16 C14 SCHEDULE B RATE SCHEDULE Professional Hourlv Fee Principal $175.00/hr Chief Engineer $160.00/hr Senior Project Manager/Senior Design Engineer $140.00/hr Project Manager/Senior Engineer/ Senior Planner $120.00/hr Project Engineer $100.00/hr Engineer $ 90.00/hr Associate Engineerllnspector $ 75.00/hr CAD Technician $ 65.00/hr Technician $ 45.00/hr Support Administrative Assistant, Secretary Clerical, other support $ 60.00/hr $ 50.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B TPA#1971265.5 Fixed Term PSA B-1 :::~. A c6kb~':~:~::II:III~I'I:ill:I~.~:I:i:'::mllll'I:I:II::::1.II:URII:e:::::::'.:::.:':r .. ..rr:ir:DATE (MM/DD/YV) (::::::::::::}::::}:)):::):\:)):::)::::::::/\~:::r;:/;::)::::::::;::::::):::::::::::;;:::i:::j::@~{:t{b:::::::::::}:@xx:::~:}@:::tr::::::::::::::'::::':::}:::\):::\:::::::~)r:':::::::::::~::::::::::@/\:::x::::::::::::: 09/30/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk services, Inc. of Massachusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 99 Hi gh Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Boston MA 02110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE PHONE - (866) 266-7475 FAX _ (866) 467-7847 INSURED Camp Dresser & McKee Inc. One cambridge place 50 Hampshire Street cambridge MA 021390000 USA COMPANY A Zurich American Ins Co COMPANY B Lloyd's of London l ~ It: <: ~ Q "'C ... ~ ~ "'C '"2 =r COMPANY C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDIYY) DATE (MMlDDIYY) LIMITS FIRE DAMAGE(Anv one fire) MED EXP (Anv one person) 0- $2,000,000 0- ..... ,... $2,000,000 0- c LJ" $1,000,000 .- c $1,000,000 c ,... LJ" $100,000 i- $10,000 .s '" $2,000,000 <.; I;:: ~ .. Q; Co; COMMERCIAL GENERAL L1ABILllY CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOR'S PROT GL0837663209 Commercial General Liability 01/01/05 01/01/06 GENERAL AGGREGATE PRODUCTS. COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE A A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BAP837663109 BUSINESS AUTO COVERAGE 01/01/05 01/01/06 COMBINED SINGLE LIMIT BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERlY DAMAGE ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! PARTNERS/EXECUTIVE OFFICERS ARE: WC837663310 WORKERS COMPENSATION 01/01/05 01/01/06 X INCL EXCL EL DISEASE-POLICY LIMIT EL DISEASE-EA EMPLOYEE $1,000,000 $1,000,000 B 823QK0501367 ARCHITECTS & ENGINEERS E&o 01/01/05 01/01/06 Each Claim/Aggregate "c'''e'''R'[' ...... F" .1O....A:...re... .....H....O...l1)...... 'e"a'" ..............'.............................. . .... ...................... ::"...:: " .... ::: ..::: .:.;.... ,"::::::::;:::;:::::;:::;:;:::::;:::;:::;:::;: .......................... .................................... .......... ........ .................... . .................... ........... ......... bANCELLAtiON:}::::} . . . . . , . . . . . , . . . . . ................. ................. . . . . . . . . . . . . . . . . . ........... ............ .......................... ..................,...". ... .......................". $2,000,000 _ ~ ~ ~ ~ iii) .. .hhhh .... }:( ~ ~ i:::) ~ =-- ~ k..,! ~ ~ . X Archi t&Eng Prof DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: CONTRACT 05-3785 - FIXED TERM UTILITY ENGINEERING SERVICES. COLLIER COUNTY, FLORIDA IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND AUTO LIABILITY. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COLLIER COUNTY, FLORIDA ATTN: PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 USA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L1ABIUlY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .~.~"'.9'_..-...~, o/.H~ 16 C14 SCHEDULE C 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 their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (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 Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16 C14 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at' any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16C14 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16 C14 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 all claims rights 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16 Cl ~ Completed Operations and Products and 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 acceptance 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 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16C14 (3) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16 C14 Bodily Injury & Property Damage - $ 500,000 _X_ Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes _ No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _ $1,000,000 each claim and in the aggregate _X_ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate C-7 -------- 16C14 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his/her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. C-8 16 Cl ~ PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. C-9 16C14 (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16 C14 SCHEDULE 0 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Camp Dresser & McKee Inc. 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 Fixed Term Utility Engineering Services are accurate, complete and current as of the time of contracting. Camp Dresser & McKee Inc. BY: tP</;1h~if-B ( TITLE: V!Le- /1'4:;S/06'7V7 DATE: fJ - ;;Z;;Z ---fX:;;- D-1 MEMORANDUM Date: September 28, 2005 To: Barry Williams Human Services Director From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Agreement between Collier County and David Lawrence Mental Health Center, Inc. Enclosed please one (1) original of the document referenced above (Agenda Item #16Dl) as approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you have any questions, please call me at 774-8411 Thank you. Enclosures (1) 16D1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1601 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink papcr. Attach to original documcnt. Original documcnts should bc hand delivercd 10 thc Board Otlicc. The completed routing slip and original documents arc to be forwarded to thc Board Office only after the Board has taken action on the item) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and fOIWard to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin order 1. 2. .----- --------------- -.- 3. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) 6. Minutes and Records Clerk of Court's Office Name of Primary Staff Barry Williams Phone Number 774-8442 Contact Agenda Date Item was 09/27/05 Agenda Item Number 16D I Approved by the BCC Type of Document Agreement Number of Original 2 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office bas reviewed the chan es, if a Iicable. Yes (In itial) N/ A (Not A licable) 2. 3. 4. 5. 6. ~ ~/ I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D1 AGREEMENT THIS AGREEMENT entered into this ~ day of SeptembeJ; 2005, at Naples, Collier County, Florida, by and between the Board of County Commissioners, Collier County, Florida, hereinafter referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc., located at 6075 Golden Gate Parkway, Naples, FL 34116, hereinafter referred to as the CENTER. WITNESSETH WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in the public interest to do so for David Lawrence Mental Health, Inc.; and WHEREAS, the COUNTY wishes to fund mental health and alcoholism services provided by the CENTER as it is authorized to do so under its government; and WHEREAS, the CENTER has contracted with the State of Florida, Department of Children and Families to act as a provider of mental health and substance abuse services as described by the approved District 8 Mental Health and Substance Abuse Plan. of the Florida Department of Children and Families. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the COUNTY and CENTER agree as follows: I. The CENTER shall: A. Provide mental health and alcoholism services consistent with the approved Florida Department of Children and Families District 8 Mental Health and Substance Abuse Plan ["District Plan"], incorporated herein by reference, and shall do so in compliance with all state, federal and local laws and ordinances and regulations. B. Serve as an independent contractor, not an agent or employee of Collier County, for the transportation and care of patients restrained pursuant to the Florida "Baker Act," Florida Statutes, Chapter 394.451, et seq., adhering to all regulatory and legal requirements of said act, Rule lOE-5.040, F, of the Florida Administrative Code and all other pertinent laws, rules and regulations. C. Provide detoxification services consistent with the approved District Plan. D. Reimbursement for emergency services provided for during a declared state of emergency by the Board of County Commissioners will be paid upon submission of a Federal Emergency Management Agency claim made by the 1 1601 COUNTY. Reimbursement will be provided upon receipt of payroll records and activity data to the COUNTY Human Services Director. Upon reimbursement by the Federal Emergency Management Agency, the COUNTY will provide payment to the CENTER for these services. E. Provide these services within the boundaries of Collier County, Florida. F. Possess, maintain and keep current all necessary licensees). G. Adhere to all conditions applicable to the administration of mental health funds pursuant to Florida Statutes, Chapter 394.451, et seq., and the administrative rules attendant thereto. H. Maintain adequate financial records and reports relating to all funds paid by the COUNTY under this Agreement. I. Maintain books, records, documents and other evidence of accounting procedures and practices that fully and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement and paid for with COUNTY funds. J. Maintain adequate fiscal accounting procedures for the audit or review of any expenditures, as requested by the COUNTY from time to time. K. Allow, upon request the inspection, review or audit of its fiscal records by COUNTY personnel upon request by COUNTY. L. Collect fiscal and operational statistical data pertaining to the care and treatment of all patients served and funded by the COUNTY on a regular basis and deliver these written fiscal statistical reports on a quarterly basis to the COUNTY Human Services Director by the 10th day of the month immediately following the preceding quarter. M. Submit payroll records and activity data to the COUNTY Human Services Director on a quarterly basis in order that the disbursement of COUNTY funds to reimburse the CENTER for such expenditures shall be in accordance with the pre-auditing and accounting procedures on the part of the Board of County Commissioners as mandated by Sections 129.08 and 129.09, Florida Statutes. N. Retain all books, records and other documents relative to this Agreement for three (3) years after final payment. O. Acting as an independent contractor and not as an employee of the COUNTY in operating aforementioned services, the CENTER shall be 2 1601 liable for, and shall indemnify, defend, and hold the COUNTY, State and Federal Government harmless from and against all claims, suits, judgments, damages, losses and attorney's fees and expenses arising from its operations and provision of the aforementioned services during the course of this agreement During the term of this agreement the CENTER shall procure and maintain liability insurance coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage or any other claims for damages caused by or resulting from the activities under this Agreement. Such policies of insurance shall name the COUNTY as and additional insured. The CENTER shall submit written evidence of having procured all insurance policies required herein no later than 10 days after the effective date of this Agreement and shall submit written evidence of such insurance policies to the COUNTY Human Services Director and to the COUNTY's Risk Management office. The CENTER shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida. The CENTER shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth herein shall constitute a breach of this agreement. P. Submit to the COUNTY each year a copy of its annual audited financial statements. II. The COUNTY shall: A. Reimburse the CENTER quarterly, in advance, at least one-fourth (1/4) of the total allocation for "Operational Funds" approved for the CENTER by the Board of Commissioners as specified in Section III-D of this Agreement, in accordance with the approved District Plan. III. The CENTER and COUNTY mutually agree: A. The term of this agreement is from October 1, 2005 to September 30, 2006. B. This Agreement may be terminated by either party upon thirty (30) days prior notice in writing to the other party. C. This Agreement is subject to an annual item of appropriation contained in the annual County budget. D. The entire financial obligation of the COUNTY under this Agreement shall 3 1601 not exceed nine hundred and eighty Nine thousand One hundred ($989,100). The $989,100 includes the funding for all Operational costs, including transportation of Baker Act participants. The matching funds shall come from local sources and shall be utilized as part of the matching requirements of Florida Statutes, Section 394.76(9)(a) and (b). E. Reimbursement for emergency services provided for during a declared state of emergency by the Board of County Commissioners will be paid upon submission of a Federal Emergency Management Agency claim made by the COUNTY. Reimbursement will be provided upon receipt of payroll records and activity data to the COUNTY Human Services Director. Upon reimbursement by the Federal Emergency Management Agency, the COUNTY will provide payment to the CENTER for these services. F. There will be no discrimination on the basis of race, color, sex, religious background or national origin in performance of this Agreement in regard to provisions of service or in regards to employment. G. No modification, amendments or alterations to the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality, and of equal dignity, herewith. H. The CENTER shall not assign the performance of services called for in the Agreement without the written consent of the COUNTY. 1. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing addressed to: If to the COUNTY: Collier County Human Services Director Health and Public Services Building 3301 East Tamiami Trail Naples, FL 34112 If to the CENTER: David Lawrence Mental Health Center, Inc. 6075 Golden Gate Parkway Naples, FL 34116 or to such other address as any party may designate by notice complying with the terms herein stated. 4 1601 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTE~T:c'r,,; , DWXC1Err E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B .{j(' . ~"st_'~I~~'1' 'r.PH~lesk ,Jlllbri o.lJ.. ..'< ".1,. . . , . . . ,";.__, " , ('F) ,l ....... 'l ,- 'i , ':? t~ :,' . ' BY:'1u;L W ~ FRED W. COYLE, Chamn DA VID LAWRENCE MENTAL HEALTH CENTER, INe. hS: (1) Cd! j) ~P~1 Signature t/-~~ '7 ./ By: Signature S c "n- lJ. Cl?7rAu'yjt/C Printedffyped Name ~ ' I V Jqt./ I r. Printedffyped Name (~- (' , ~ciJ(u/u/el (! E.o (2) hL~ cJoxl ~\cYlO~) C'\ Printedffyped Name Printedffyped Title (corporate seal) Approved as to form and legal sufficiency: ~1/ ~3 ~ ..--, Robert N. Zachary Assistant County Attorney Item# \(0 b \ Agenda n .;).n-05 Date 1 I Date (iI _ ---0 -65 R c'd 1 ()( D 5 MEMORANDUM Date: October 5, 2005 To: Terri Daniels, Human Services, Grants Supervisor From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Agreement Collier County and State of Florida (Health Care Admin) Enclosed please find three (3) original documents as referenced above (Agenda Item #16D2), approved by the Board of County Commissioners on Tuesday, September 27, 2005. Kindly forward the agreements to Area Agency for Health Care Administration for the required signatures, and return one fully executed original to the Minutes and Records Department. If you should have any questions, please call 774-8411. Thank you. Enclosures (3) 1601 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .." excePtion of the Chairman's signature, draw a line throu~h routin~ lines #1 throu~h #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Terri Daniels Human Services Dept. M 10/3/05 2. / I 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. ) Name of Primary Staff Terri Daniels Phone Number 732-2689 Contact Agenda Date Item was September 27, 2005 Agenda Item Number l6D2 Approved by the BCC Type of Document Agreement Number of Original 3 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a r riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awar of our deadlines! 6. The document was approved by the BCC on CJ (enter date) and all changes made during the meeting have been incorporat d i the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. I: Forms! County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D2 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the 27th_day of September, 2005 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, 1. Per Senate Bill 2600, the General Appropriations Act ofFY 2005-2006, passed by the 2005 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount not to exceed a grand total of$2,748,700 for the following programs: $2,748,700 is to fund the Medicaid Inpatient Upper Payment Limit program, a) The County and State have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: 1. The disproportionate share program. 11. The removal of inpatient and outpatient reimbursement ceilings for teaching, specialty and community health education programs hospitals. 111. The removal of inpatient and outpatient reimbursement ceilings for hospitals whose charity care and Medicaid days as a percentage of total adjusted hospital days equals or exceeds 11 percent. IV. The removal of inpatient and outpatient reimbursement ceilings for hospitals whose Medicaid days, as a percentage of total hospitals days, exceed 9.6 percent, and are trauma centers. v. Increase the annual cap on outpatient services for adults from $500 to $1500. VI. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals. VII. Special Medicaid payments to hospitals that provide enhanced services to low-income individuals. 16D2 2. The County will pay the State an amount not to exceed the grand total amount of$2,748,700. The County will transfer payments to the State in the following manner: a) The first quarterly payment of$687,175 for the months of July, August, and September is due upon notification by the Agency. b) Each successive payment of$687,175 is due at the end of each quarter, December 31, 2005, March 31, 2006 and June 15,2006. c) The State will bilI Collier County each quarter payments are due. 3. Attached are the DSH and Special Medicaid Payment (SMP) schedules reflecting the anticipated annual distributions for state fiscal year 2005-2006. 4. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement Plan reflecting 2005-06 legislative appropriations being approved by the federal Centers for Medicare and Medicaid Services. 5. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Further the County and S tate agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 6. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 7. The County confirms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and/or the hospitals to re-direct any portion of the Medicaid supplemental payments in order to satisfy non-Medicaid activities. 8. This Letter of Agreement covers the period of July 1, 2005 through June 30, 2006. WITNESSETH: 16D2 .~-: .. IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. , . I~;ir,l.('''" AITE'S. t. ,." -, ,/::. . \.. ..... ". L?<<It,.. DWIGHT;,E: B~~JCRt'<;lerk . - '~,c.' /(JC Deputy q~);/ . ," ~~" .} ttestj~~\\tO' "Cha 1naa.n', ~.'''tgn.tur~_ :QOr, ~ I . ~',: ~ : \_, \ Approved as to form and legal sufficiency k~:::? Collier County COLLIER COUNTy HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~. Fred W. Coyle, Chairma Board of County Commissioners Date: September 27, 2005 STATE OF FLORIDA: BY:~~ Carlton D. Smpe Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Administration /1-2'1/~ J" Date { 1604 MEMORANDUM Date: September 28, 2005 To: Amanda Townsend Operations Coordinator Parks & Rec. Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2005-336 Parks and Recreation Department and Outdoor Areas License and Fee Policy Enclosed please find one copy, as referenced above (Agenda Item #16D4), which was approved by the Board of County Commissioners on Tuesday, September 28, 2005. The original document is being retained in the Minutes and Records Department for public record. If you have any questions, please call me at 774-8411 Thank you. Enclosures 1604 RESOLUTION No. 2005- ~ 6 A RESOLUTION OF COLLIER COUNTY, FLORIDA, AMENDING PARTS OF ARTICLE IV OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY WHEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the following changes be made to the County's Parks and Recreation License and Fee Policy, which was last amended by Resolution No. 2004-346 on November 16, 2004; the Director recommends: (a) increase the daily parking fee at Collier County beaches by $1.00. WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: 1. Article IV, of the Collier County Parks and Recreation License and Fee Policy, as amended, is hereby further amended only as follows: a. Article IV, Section D, entitled "Beach Parking Facilities Fees; Boat Launch facilities Fees," shall read: 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $5.00 per day. Collier County residents and real property owners may obtain a beach parking permit at no charge. Vehicles with permits will be exempt from daily parking fees. 2. A copy of the fee rules, as hereby amended and adopted, is attached. 3. This Resolution repeals Collier County Resolution 2004-346. 4. This revised policy shall be effective October 1,2005. This Resolution adopted this day of and majority vote in favor of passage. , 2005 after motion, second ATTEST . ';lll /', . /,. ' DWIGHT'E.:'i31t~~,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By~: ,~(J)C By: , , epnty'qlnl;, ~ttest' is to eN 1 MIIft . , S111'.tJir- onl,. , - j: -.1' Approved as to form and legal sufficiency: Item# ~ Agenda g -cl1 ~) Date - Date q -d$" --6<) Rec'd .~, puty Clerk By: "--K.~ /~ Robert Zac y - Assistant County Attorney 16E'1 I MEMORANDUM Date: October 12, 2005 To: Scott Johnson Purchasing department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract No. 05-3747R: "Indoor Air Quality Services" Contractor: Pure Air Control, Inc. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E4), approved by the Board of County Commissioners on Tuesday, September 27, 2005. We have retained an original in the Minutes and Records Department and an original has also been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3) ITEM NO.: DATE RECEIVED: 16E4,j~ (,',' .' .. i'~ I '1.."'-' , : -~-'- \.11 ("jl_ 1,.;(,!Jj j' /J I/-OF" ~Ir-V I. d\c, FILE NO.: ;,,'-'.~ r" _7 ~'. ". 10 I ;.; ...." ,', ,..~. .. .d ROUTED TO: DO NOT WRITE ABOVE TIDS LINE REQUEST FOR LEGAL SERVICES Date: October 6, 2005 To: Robert Zachary Assistant County Attorney From: Scott Johnson Purchasing Agent 239/774-8995 Re: Contract #05-3747R "Indoor Air Quality Services" Contractor: Pure Air Control, Inc, BACKGROUND OF REQUEST: This contract was approved by the BCC on September 27, 2005 Agenda Item: 16.EA This item has Dot been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notitication when the documents exit your office. Thank you. C- c- /~ to-tO-O ~ 16~4 Memorandum DATE: October 6, 2005 ~ O%;~ TO: Sheree Mediavilla, Senior Analyst Risk Management Department Scott Johnson A ~ Purchasing Agent {!,;Y.l( FROM: RE: Review ofInsurance for: 05-3747R "Indoor Air Quality Services" iluIeAirConwo!s, Inc. This Contract was approved by the BCC on September 27, 2005 Agenda # l6.EA Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ex!. 8995 cc: Damon Gonzales, Facilities Management 16E4 AGREEMENT 05-3747R "Indoor Air Quality Services" THIS AGREEMENT, made and entered into on this 27th day of September 2005, by and between Pure Air Control Services, Inc., authorized to do business in the State of Florida, whose business address is: 4911 Creekside Drive; Suite C; Clearwater, FL 33760 hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on September 27, 2005, and terminating on September 26, 2007. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall be in accordance with the terms and conditions of RFP #05-3747R and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Mr. Alan Wozniak Pure Air Control, Ine. 4911 Creekside Drive; Suite C Clearwater, Florida 33760 Fax: 727/572-5859 16E4 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Fax: 239/732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16E4 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability $1,000,000 Per Occurrence The Consultant shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims arising from the negligent acts, errors, or omissions of consultant by third parties Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 16E4 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #05-3747R Specifi- cations/Scope of Services/Contractor's Proposal. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. :16E4 I IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: . , Dwight E}Br6c1::/Cterk of Courts BY~. . .'~J ()~. Dated:. - - . :" (5~AL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W. ~ Fred W. Coyle, Chairman Pure Air Control, Inc. By:a6uY0- Sigifature tType/ print ~itnes{ namet AL f? (!th ' Second Witness ~ , 1~1V t-UdZAl/~(/ ?/U.jirJ./ Typed signature and title U. *)[1. .I ~t1Is:<.. . JC:I.N;1: tType/print witness namet CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: ~ L'~~ Assistant County Attorney ."" "" . ..-c. /i" :~, /t:J :5; :ce :LJ.J . Vl \>- \~ 08/26/2005 FRI 2:54 FAX 16 E 4-^^'O!J3 t.' ACORD ,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDOIYYVY) 8126105 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Paragon Insurance SelVice,lnc. 2945 Horizon Park Drive Suite C luwan_'..e.GA ~o~~ INSURED U.S. Energy Services. Inc. d/b/a Pure Air Control SelVices 4911 Creekside Drive, Ste C Clearwater FL 33760 INSURERS AFFORDING COVERAGE ~'II.~1!B..E3_,I.'__.._~':I!~s..~iv~r$P!~~!ty___ 1~1i.l!~~__~ u__ Ste.a~fast.Zurich . NAIC# INSURER c: !'._---"---- !_1~~l)..Rf:f3.2;. , INSURER E: ,I- I COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE Llt:EN ISSUED ro HIE INSURED NAMED ABOVE rQR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Of' ANY CONTRACT OR OHlER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE A~FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOmONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWr~ MAY HAVE BEEN REDUCED BY PAID CLAlMS iNSR' "bo'il-' - POLlCY NU~;ER'''' -. . ----:- POL'iCYEFFECTiV-E- :-PO-LICVE-XpiR'ATk,p.j'" LIMITS A ! i_q~!'lERAL LIASILlTY I X ! COMMERCIAL GFNERAL lIABILITY 00008175 ,- --- ~- ----- , --- - -. ClAlf-.4S MADE X OCCUR . 01/25/2005 01125/2006 EJ\CH OCCURRENCE .:_sJ,9.Q.Q~Q:t ,-~~~~~~~?~~~~;___ : ~__1!.9oq!9_0.0 ~,~~~g.~~'p.J~Y~--'_ __!}_~,OOO~___,._ 1'~R.~o.!'l~!:-.& Aov..!!'!-!Il~.J_ _ LsJJ~~'OO(}. G~~E.'YIh ~~g~g~:L~._ ._j.~,,~L~~Q..Q!___..__ . jP.BQPl!f:_'tLC20_MPIOP A9~G..i_~_2.&QqLQ~,_.__. , , i GEN'L AGGREGATE LIMIT APPLIES pm rx~'i POLICY :----1 PRO- i -----i LOC A~~OMQBlLE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ell OlCCKleot) ; ALL OWNED AUTOS , SCHEDULED AUTOS OODIL Y INJURY lJ'ergelSOIl) ~\!HE[)J\Ul'OS NON.OWNED Auras BOotL Y INJURY , IF'l!filwdel1(j s PROPERTY DAMAGE (PQl" .1ccl(lenl) s ,..Q,~.RAGE LIABILITY ANY AuTO Al!19..Q!ilY,,:.~..!\~glQS~:L_. ~. OHlER THAN , AUTO ONLY' !:'~/o'&C.~ S AGG: S :,eJ:~ESSlUM8REL~LIABILlTV OCCUR CLAIMS MACE : G~CHo.~~.lJ,~~_J;t'lf.~_ .........J.5. ......_..______ :_^'G.C;.~~Q~!:g,._._~~__~__. _. _M__...'~_.____,.. . ... ._--_...__..........-._-...---_.~.~. ..-.--,...--.--.-. -.. ---..-.. DEDUCTIBLE .!).. $ RcTF.NTlON WORKERS COMPENSATION AND : EMPLOYERS' L1ABIUTY I ANY PROPRIETOR/PARTNER/EXECUTIVE " OFFICERlMEMBER EXCLUDED? ~~~l~iSPR~Vj~fo~ below OTHER , "/CSTATU-! OTH-: ,JORY..LIMLtS.I..._,,_ _El'LJ__ . . . ...____._.....___ , i..E_J_,-.r::.^~t!~~CID~tQ._.__,.__ ;,,?.. '...__.__.___.___ i E.L [)~~_~~L..~.~.~..~H2~1'.~.E;:_.5_ ". . ~___ _______ E.L DISEASE. POLICY LIMIT i S Each Claim Aggregate Retro Profes&ionat $10,000,000 $10,000,000 03/01104 B Professional & Pollullo" Liability PEe 5866366 00 0112512005 i 01125/2006 j OESCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES I eXCLUSIONS "ODED BY ENDORSEMENT J SPECIAL PROVISIONS The certificate holder is additional insured with respect to general liability. Re-: Contract 05.3747R Nlndoor air Quality Services" Professional & Pollution Liabili includes Mold Consultin and Mold Remediation Sub.Limits of Liabilil CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRlBEO POLICIES BE CANCELLED BEFORE THE eXPIRATION Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Purchasing Department NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL 3301 E. Tamiani Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR Naples, FL 34112 REPRESENTATives. AUTHORIZED REPRESENTATIVE t~l~ ~ k....'V <LS> C RD 25 2001/OB @ACORD CORPORA nOIlI9B8 A 0 , 16E4 411I."" ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE {MM/ODN'I' 8/28/05 PRODUaR THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATlC ACaRDIA EAST - TAMPA BAY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA1 P.o. Box 31666 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO~ Tempe, FL 33631-3666 727-796-6666 INSURERS AFFORDING COVERAGE INSUAfD U.S. Energy Services, Inc. INSURER A: Hartford Insurance dbe Pure Air Control Services INSURER 8: St. Paul. Travelers Ins. 4911 C Creekside Dr INSURER c: ,Clearweter FL 33760 INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE lISTEO BELOW HAVE 8EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERlOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED C MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO CONDITIONS OF SUC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~M TYPE Of INSURANCE POLICY MJUIE.R POUCY EFfECTrvE POUCY EXPIRATION LIMITS ~~L UABlUTV EACti OCCURRENCE I COMMERCIAL GENERAL LIABILITV FIRE DAMAGE IAnV one fir., . -1 CLAIMS MADE D OCCUR MED EXP lA,nv on. PtlflHln) . '-- PERSONAL & AOV INJURY . - GENERAL AGGREGATE . ~'L AGG~n ~MIT APrl ~ER: PROOUCTS. COMP/OP AGO . POUCY p~.;. lOC 8 ~OMOIII.E u....LJTY 8108290W2f8 2/01/05 2/01/08 COMBINED SINal! UMIT 1000000 ie.Kcfdlnu I L ANY AUTO - All OWNED AUTOS BODILY INJURY [P.rpINIOl"II . - SCHEDULED AIJTOS -K HIRED AUTOS BODILY INJURY (Per .ccident) , rl' NON.OWNED AUTOS f- PROf'(RTY DAMAGe: . {p.,. 8Cao.ntl t:=jARAOE LIAI.UTY AUTO ONLY. EA ACCIDENT I ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . DESI UAILlTY EACH OCCURRENCE . OCCUR 0 CLAIMS MAC!!! AGGRfGATE . . =i ,owuell'" . RETENTION . . A WOFUC.ERI COMPENlATlON AND 21WECPH3162 1/01/06 1/01/06 X I T';t,'i:r~]'\!;, I IOiRH. EMPlOYERS' L&Ati1UTY E.L. EACH ACCIDENT . 1000000 E.L. OISEASE. EA EMPLOYEE . 1000000 E.L. DISEASE. PDUCY LIMIT . 1000000 OTHUl DESCIUPTION OF OI'ERATION.ILOCATJONSlViHICUSIIXCWltONI ADDeD IY ENDO"IEMENTlIl"ECIA1. PROVISIONS RE: CONTRACT 05-3747R INOOOR AIR QUALITY SERVICES COLLIER COUNTY GOVERNMENT IS ADDITIONAL INSUREO RE GENERAL L1A8ILITY FAX 239-732-0844 .., 0 days notice 01 cencellatlon applies tor non p.vment 01 premium CERTIFICATE HOLDER I I ADDmONAL INSULItED; WSURER LETTER: CANCELLATION 'HOUt.D AHV 0' THE AlOVE DRelU_ED POLICIES BE CANCElLED 190AE THE DCPlRAno" COLLIER COUNTY GOVERNMENT DATI THIRIOf. THI! ISIUING INSURD: WlU ENDEAVOR TO MAIL ~ DAYS WIUT"TBl PURCHASING DEPARTMENT NOTICI TO THI OIRTIfICATE HOLDER NAMED TO THE LUT. 1l1T FAILURE TO DO SO SHAll 3301 E. TAMIAMI TRAIL W1P01t NO OIUGATION OR UA8IUTY OF ANY 'UNO UPON THE INSURER. ITS AOiNT' 011 NAPLES, FL 34112 NPftEBENTATIVEB. r\ - AUTHOIUZI!D REPIWiENTAT~ rJ..p' /..~ /'-~ 0 2 .S /97 - f./ 1/ "'ACORD CORPORATION 19B1 AC RD 5 (7 7 24 . , leE 5 Co~T County - ~ -- TO: Commissioner Fred W. Coyle, Chairman Collier County Board of County Commissioners Sheree Mediavill~ Risk Manager '0 \ October 12, 2005 FROM: DATE: RE: Addendum Number V to the Johns Eastern Contract Workers' Compensation, Liability and Commercial Claims Handling On September 26, 2001, the Collier County Board of County Commissioners approved the selection of Johns Eastern Company as the County's Workers' Compensation, Liability and Commercial Claims adjuster, authorizing staff to negotiate a three year contract with renewal options for the Chairman's signature, subject to a review for legal sufficiency by the County Attorney. The Board of County Commissioners approved Addendum Vas part of the County's insurance renewal on September 27,2005 under Item 16E5 on the Consent Agenda. Attached to this memo are two original Addendums that staff is requesting your signature as Chairman for completeness of the contract. Please have the signed Addendums forwarded to my attention in Risk Management. Should you have any comments or questions, please do not hesitate to contact me at extension 8839. Thank you for your attention to this matter. . 18 E 5 .. MEMORANDUM Date: October 13, 2005 To: Sheree Mediavilla Risk Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Addendum Number V between John Eastern Company, Inc. and Collier County for the period of October 1, 2005 through September 30, 2008 Please find enclosed two (2) original contract documents as referenced above, (agenda item #16E5), as approved by the Board of County Commissioners on Tuesday, September 27,2005. The Minutes and Records Department has kept a copy of the contract, and the Finance Department will also be furnished a copy of the contract. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (2) ,. 16' E 5 ADDENDUM V to SERVICE CONTRACT FOR WORKERS' COMPENSATION. LIABILITY AND COMMERCIAL PROPERTY CLAIMS HANDLING This is the fourth Addendum to the Agreement entered into between Johns Eastern Company, Inc., hereinafter called the SERVICE AGENT, and COLLIER COUNTY, hereinafter called the EMPLOYER, dated the 1 st day of October 2000. This Addendum affects the remuneration to be paid by the EMPLOYER to the SERVICE AGENT for the handling of claims for the period October 1,2005 through September 30, 2008. The contract is amended to include the workers' compensation self-insurance program as well as the liahility program. The remuneration to be paid shall be as follows: 5. Compensation for the Service Al!ent. For perfonning its services under this Agreement, the Service Agent shall be entitled to the fOllowing compensation: a. Fees for claims handling for the Employer for exposures other than workers' compensation whose dates of loss fall between October I, 2005 and September 30, 2006 will be a minimum and deposit of $61 ,684.00 to be billed on a quarterly basis with the first payment due upon program inception. . Fees for claims handling for the Employer for exposures other than workers' compensation whose dates of loss fall between October I, 2006 and September 30, 2007 will be a minimum and deposit of $64, 151.00 to be billed on a quarterly basis with the first payment due upon program inception. Fees for claims handling for the Employer for exposures other than workers' compensation whose dates of loss fall between October I, 2007 and September 30, 2008 will be a minimum and deposit of $65,434.00 to be billed on a quarterly basis with the first payment due upon program inception. b. The above minimum and deposit contemplates handling 140 automobile BI, automobile PD, crime, errors & omissions, GLIB I, GLlPD, Property Building and Property Contents claims. If the number exceeds 140 then fees will be as follows: Auto Collision per exposure Auto Comprehensive per exposure Auto Bodily Injury per exposure Auto Property Damage per exposure Crime per exposure Errors & Omissions per exposure General LiabilitylBl per exposure General LiabilitylPD per exposure Property Building per exposure Property Contents per exposure Contract year (10/01 to 9/30) 05 / 06 $213.00 $213.00 $669.00 $426.00 $546.00 $965.00 $669.00 $669.00 $456.00 $456.00 06 / 07 $222.00 $222.00 $696.00 $443.00 $568.00 $1003.00 $696.00 $696.0q $474.00 $474.00 07 / 08 $226.00 $226.00 $710.00 $452.00 $579.00 $1023.00 $710.00 $710.00 $483.00 $483.00 , 16 E 5 The above rates will be a one-time charge for the life oftlte contract. The above fees cover all claims management!administration and data processing services previously outlined in this proposal. All years are subject audit. c. Fees for claims handling for the employer for workers' compensation exposures whose dates of loss fall between October 1,2005 and September 30, 2006 will be a minimum and deposit of $56,333.00. This minimum and deposit will be billed on a quarterly basis, with the first payment due upon program inception. Fees for claims handling for the employer for workers' compensation exposures whose dates of loss fall between October 1, 2006 and September 30, 2007 will be a minimum and deposit of $58,586.00. This minimum and deposit will be billed on a quarterly basis, with the first payment due upon program inception. Fees for claims handling for the employer for workers' compensation exposures whose dates of loss fall between October I, 2007 and September 30, 2008 will be a minimum and deposit of $59,758.00. This minimum and deposit will be billed on a quarterly basis, with the first payment due upon program inception. d. This fee contemplates handling 160 workers' compensation exposures. There will be no change for report only exposures. If the number of exposures exceeds 160, then the fees will be $1126.00 per lost time exposure and $160.00 per medical only exposure for the first year, $1171.00 per lost time exposure and $167.00 per medical only exposure for the second year, and $1195.00 per lost time exposure and $170.00 per medical only exposure for the third year. The workers' compensation rates will be a one-time charge over the life of the contract. The above fee covers all claims management! administration and data processing services outlined in this proposal. All years are subject to audit. e. The Service Agent understands that there are certain liability exposures that the Employer prefers to handle in house. The Service Agent's responsibility would be limited to data capture and check issuance. Charges for those exposures would be $60.00 per exposure. The fee would cover entering all pertinent data into the AIM system, and issuing appropriate checks. f. Allocated expenses are charged to file. Fees for any field investigation will be $95.00 per hour, $0.45 per mile and $2.00 per color photograph. Fees for field work for first party property claims will be billed per the attached Property Rate Schedule. Mileage charges will be incurred only for time and travel occurring within Employer's boundaries. There will be no charge for travel time to or from the Employer. If a catastrophe occurs, there will be numerous exposures under one occurrence. We will limit our office-based claims handling fees for any catastrophe-caused multiple exposure occurrences to 10 exposures. For example, assuming all exposures were either property Building or property Contents, office based adjusting fees for a catastrophe occurrence generating 10 or more exposures would be $4560.00 for the 2005 / 2006 year. All fieldwork would be handled based on the Catastrophe Rate Schedule attached. g. Provider Bill Review/Cost Containment Services will be billed at a rate of $5.95 per bill and 30% of all savings over and above Fee Schedule reductions. t. 16 E 5 h. Fees for an onsite adjuster will be the adjuster's salary plus direct employee expenses (22% of salary). Administrative expenses and profit will be computed off the direct employee costs, so that Service Agent receives 15% for administrative expenses and 15% for profit. . 1. Employer and Service Agent will revisit paragraph 5(b) and reduce claim count ifan onsite adjuster is hired. All other terms and conditions of the original contract remain unchanged. IN WITNESS WHEREOF, the Service Agent, Johns Eastern Company, Inc., and the Employer, Collier County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts . t,: '/;D ""' "', By: '11~.. '~^ q'IJ 'tiP f _ Q (. By: . . Deputy ~ .. ~." -- , -< Rated: . I (}~:J-I.~-$ Atte.s~<it to Chcl1 naaa . s '1 ' !'~V4'ItWt OIJI BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '1uJ-w~ Fred W. Coyle, Chairman JOHNS EASTERN COMPANY, INC. ~y: ~ ""-. ~~--;-- Kenneth M. Johns, III, President I ( t::: i\-l k i:r "t t-t ,...... \ \7t:J ~J \'i S ~ TypedlPrinted Signature ltem# \(R r s ,- Agenda ~ ,. d.1 --0 Date' ' Date \D-( ~"'D Rec'd .0.( \. P.O. Box 4175 * Sarasota FL 34230 Tel: (941) 907-3100 * FAX: (941) 907-7226 * TOLL FREE 1-800-749-3044 16 E 5 'usters }~. I ! :~.' JOHNS EASTERN COMPANY IN PROPERTY RATE SClfED{LE Full Repair Cost $ 00.00 1,000.00 2, 00.00 ,000.00 Full Adjustment $22 .00 2 6.00 .00 .00 .00 66 .00 82 .00 80.00 % of Loss - $ minimum . % of Loss - $1 0 minimum .0% of Loss - $1 00 mInImum 2,' % of Loss - $1,6 0 minimum 2.0% of Loss - $1, 0 minimum 2.0% of Loss - $1,800 minimum 2.0% of Loss - $2 200 minimum 2.0% of Loss - $ ,000 minimum 1. Above fees include local telephone, file creation, copying, and secretarial support. 2. Full Repair Cost - Agreed cost to repair or replace before applying depreciation, deductible, or other clauses limiting coverage. 3. In addition to the schedule, the following charges will be made: a. All miles driven at $0.45 per mile. b. Photos - $2.00 each c. Outside fees, reports, telephone, and other direct expense, at cost. d. Drive time charged (prorated when possible) when loss is more than 20 miles from our office. 4. These schedules do not apply to catastrophes. 5. All assignments handled by General Adjuster will be billed at the full adjustment rate. 6. Subrogation efforts charged on an hourly basis. / f } ?--.-..........-u'" ! . / i .___~;;OO;;;;V , I . ~ JOHNS EASTERN COMPANY, INC. Insurance adiusters , 16 E5 I . ..-...__........~ P.O. Box 4175 * Sarasota FL 34230 Tel: (941) 907-3100 * FAX: (941) 907-7226 * TOLL FREE 1-800-749-3044 CATASTROPHE FEE SCHEDULE Service Fee $ 8 8 .00 2.00 681.00 86 .00 1,012.00 % of Loss - $1,02 minimum % of Loss - $1,200 minimum . % of Loss - $1, 00 minimum % of Loss - $1, 0 minimum 2% of Loss - $ ,000 minimum 1. Full Repair Cost - Agreed cost to repair or replace before applying depreciation, deductible, or other clauses limiting coverage. 2. In addition to the schedule, the following charges will be made: a. All miles driven at $0.45 per mile. b. Photos - $2.00 each c. Outside fees, reports, telephone, and other direct expense, at cost. d. Administrative/Set up fee - $35.00 e. Drive time charged (prorated when possible) when loss is more than 20 miles from our base of operation. ORIGINAL DOCUlVIENTS CHECKLIST & ROUTING SLIp: ~.._~~~~~~. documents are to be forw:uded to the Board Office onlY!!m: the BOOrd has l:1ken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropti:lte for additional signatures. d:1tes. and/or information needed. If the document is alre:1dy complete with the exceotion of the Cha.inn:m's sil!l1ature. dr:1w a line throu2h routin2 lines #1 throulZh #4. complete the checklist.:md forward te Sue Filsen (line #5). Route to Addressee(s) Office Ini tials Date (List in routin2 order) l. 2. 3. // 4. L/~ I --------- 5. Sue Filson, Executiv.ecManager Board of County Commissioners ---- .-' 6. Minutes- and Records Clerk of Court's Office - .- PRIMARY CONTACT INFORMATION (The priltlllry COnlllct is the holder of the original document pending BCC approv:lI. Normally the prim:uy conl:1ct is Lhe person who created/prepared Lhe e.~ecu(ive summary. Primary contact infermation is needed in the event one of the addressees above~ including Sue Filsen. need to conuct sl:1ff for additional or missing inform:ltion. All origin:!l documents needing the Bee Chairm:m's sign:!ture are to be delivered to the Bee office only after the Bee has acted (0 approve the item) Name of Primary Staff ----- ^ . \ Phone Number ~'-:- {l"O Contact '(' \ \; !I-L. \('" . " t--:.-- \~ .,,- .' , I Agenda Date Item was l~ _~_l-(L~ Agenda Item Number \lP/U Approved bv the BCC Type of Document ,lY' \~'\~'" ";,, L Number of Original \ Attached Documents Attached \ \~ 1. INSTRUCTIONS & CHECKLIS'T Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The C1airman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. ':Sign here" cabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception). the original documen,t <1-nd this routing slip should be provided to Sue Filson in the BeC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certairt time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on -J .:::... -: ~,:::: (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attome 's Office has reviewed the chan es, if a licable. Yes (Initial) N/ A (Not A licableJ 2. 3. 4. 5. 6. ~~ ~ ~v----' ~ I: Formsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 ~ ~ 161 E 6 AGREEMENT THIS AGREEMENT made this ~ day of ~~{- , 2005 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA:'BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST (hereinafter referred to as the "Trustee") whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR AND ON BEHALF OF THE PARKS AND RECREATION DEPARTMENT OF COLLIER COUNTY, (hereinafter referred to as the "County") whose mailing address is 3300 Santa Barbara Boulevard, Naples, Florida 34116. WHEREAS, Trustee has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. flk/a! GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the Trustee and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, the Trustee currently has lands set aside on a Reserved List in anticipation of greater future marketability potential or for future government needs; and WHEREAS, the Trustee has determined that the removal and conveyance of one (1) parcel from the Reserved List to the County is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by enabling the Parks & Recreation Department to provide a Park, which will provide added recreational services to the residents of the Golden Gate Estates area; and WHEREAS, Avatar Properties Inc. has provided a "Reverter Discharge & Release", dated 't) - ~-(}t) , approving the conveyance of one (1) parcel from the Reserved List to the County. NOW THEREFORE, in consideration of the above premises which are incorporated herein and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. Trustee hereby agrees to convey to the County, via Statutory Deed and for no monetary compensation, All of Tract A, Golden Gate Estates, Unit 22, to be utilized by the County for purposes hereinafter stated, (hereinafter referred to as the "Lands"), in accordance with the terms and conditions of this Agreement, provided said Lands are to be used solely for the purpose of providing a Park in Golden Gate Estates. 2. The Country agrees and warrants that the Lands shall be utilized solely by the County for the primary purpose of providing a Park in Golden Gate Estates and/or the Trustee agrees to, and acknowledges for, the County to use the conveyed Lands in a way deemed appropriate for exchanging these Lands for other like property or properties that, by the exchange of land, will allow the Parks & Recreation Department to assemble other properties that may be better suited and physically located for the development of a park facility within the Orange Tree area, (hereinafter referred to as "Assembled Property"). If exchanged, a portion of the Lands may be used as a road and bridge maintenance facility. 3. The Trustee requires, and the County agrees, that whomever acquires the property by the Parks & Recreation exchange of said Lands, that party, or parties, will be required to submit all plans to the Golden Gate Estates Land Trust Committee (hereinafter referred to as the "Committee") on behalf of the Trustee for approval of the proposed development of the Lands so that Committee may ensure that the proposed development is complementary and esthetically pleasing to the immediate surrounding Orange Tree community. This provision will be recited in the Statutory Deed from County to the subsequent owner(s). 4. In the event that the Lands cease to be utilized by the County as described in Paragraph 2, or if the Lands cease to be used in accordance with the aforementioned restrictions and limitations, said Lands shall automatically revert back to the Trustee unless the Committee approves the release of the reverter on the Lands if the lands are transferred to a subsequent owner(s) as part of an exchange described in Paragraph 2. If the reverter ceases to exist on the Lands then the Assembled Property shall be utilized solely for a Park in Golden Gate Estates and if it ceases to be used for a Park, it shall automatically revert to Trustee. 5. , lAtE 6 This Agreement is governed and construed in accordance with the laws of the State of Florida. 6. below: Any notice required by this Agreement shall be addressed to the parties at the address set forth IF TO THE COUNTY: Collier County c/o Parks & Recreation Department 330 Santa Barbara Boulevard Naples, Florida 34116 IF TO THE TRUSTEE: Collier County c/o Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 7. This Agreement represents 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 parties. IN WITNESS WHEREOF, County and Trustee have caused this Agreement to be duly executed on the day and year first above written. AS TO TRUSTEE: DATED:j:~ '~~-{)~- ATTEST: ' ..,~:; , DWI~1-iT EjB,~OCK,'Clerk b,v,.Ir I. .;~ ,.. . " ';':'., ,'" ( v'~ ~,.. :'~~st'",~, ~;'~t...... .tlftature Oft 11 COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUTEE FO THE GAC LAND TRUST By: ~L.l ~ FRED . C LE,-Cha AS TO TRUS:r~E: DATED: .'.q.~~ l~~ ~"" ,A;rTEST:,' ..". "'" eWIGHJE. BRO"CK, Clerk / . , .. ~:~UIM. stonatur. onl, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR AND ON BEHALF OF THE PARKS & RECREATION DEPART~T O~ COLLIER COUNTY By: :fLtJL W. ~ FRED W. COYLE, Chairma Approved as to form and I~UffiCienl ,ie A- Heidi . Ashton Assistant County Attorney Item# i {Q F (P Agend61,.....J l-DS Date V(' Date \ 1\ -I ""\ ~,...c Rec'd ~~IJ .( ~ MEMORANDUM Date: October 12, 2005 To: Michael Dowling, Property Management Specialist Real Estate Services From: Ann Jennejohn Minutes & Records Department Re: First Amendment to Leae Agreement between Collier County and St. Matthews House Enclosed please find one copy of the document referenced above (Agenda Item #16E7), as approved by the Board of County Commissioners on Tuesday, September 27, 2005 The original document is being retained for the record. If you should have any questions, please call me at 774-8406. Thank you. Enclosure 16E7 I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TdI--~E 7 THE BOARD OF COUNTY COM1\1ISSIONERS OFFICE FOR SIGNAIrM Ph.. '" ,.ok ....... A_1o ori,;~, d"",..,,, Ori,;""......""". ,hoold he....d """"'" 10 che B"", Offi". Th, <Omp""" ........ "p... "",;~' dOCuments are to be forwarded to the Board Office only aner the Board has taJcen action on the item.) ROUTING SLIP Comp"" ....,.. ,," " -... #4 " ",.".'"' ""d~''''''' """"". ...... ........ ,,''''''''''''" _ . ~".,"""'"c . ....., _'" .;~ ... exce tion of the awnnan's si 3lUre. draw a line throu h murin lines 1#1 tbrau 1#4. com Jete the checklist, and forward to Sue Filson (line I#S). Roule to Addressee(s) Office Initials Dale (List in murin order) 1. 2. 3. 4. ~. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION ,The pn""" ,..."" I, ... h.'d" "'~, ori';~l "",""""c _.. Bce "...",. ""'""'" ~, pri""" '""a,, I, ~, ""'" who ,~c""""""'" ... """"~ ~m""". Ph_..."" ;".""','" I, '''''oJ ;, ... ,,"'c "'" ., ... """"'" 'ho~. ;","",'. S" A.... ,..., ,. ',,"a'Ua. ,., ""''"''"~ oc mlul,. 1.'_,,,,. All on,;." d",m". """'.g ... BCC a..1"",,', 'cOO'''''' '" ,. he d,,,,,,,,, '" ... BCC oIli.. "'" ,""... BCC "" _ c. """,.. ~, item.) Name of Primary Staff (YJ ,'e J-/ A eL J5dLJl'A~ Phone Number y 7,/3 Contact Agenda Date Item was Jepf' ~ 7, ~ u.s-- Agenda Item Number /0, E 7 Aooroved by the BCC Type of Document F I 'L.s:.-r An e~~,t-..L"J Number of Original / Allached Documents Allached '~ :;;z:J='c., ~ f:. c.. n e _ "1 77J -<-I ( I' ~ 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark UN/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal SUfficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions. etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ssibl State Officials.) AJl handwritten strike-through and revisions have been initialed by the COUnty Attorney's Office and aU other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. ':Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception). the original document ~nd this routing slip should be provided to Sue Filson in the BCe office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on 9 .2 7 {J --(enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne'5 Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. (Y1~ 3. ~ 1 i!..... 4. yv-\ '\ 5. 6. v tvla- I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Origin319.03.04. Revised 1.26.05. Revised 2.24.05 FIRST AMENDMENT TO LICENSE AGREEMENT 1 LOrE #71 , 72:=- TillS FIRST AMENDMENT TO LICENSE AGREEMENT entered into this ~ 7. day of 5qJY~ ItJ l. r , 2005 at Naples, Collier County, Florida by and between COLLIER 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," and St. Matthew's House, Inc., a Florida not-for-profit corporation, formerly known as Task Force for the Homeless, a tax exempt charitable Trust, hereinafter referred to as and "LESSEE. " WITNESSETH WHEREAS, Collier County and St. Matthew's House, Inc. have previously entered into a License Agreement dated August 1,2000; WHEREAS, the LESSOR and LESSEE are desirous of amending the License Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said License Agreement dated August 1, 2000, and Ten Dollars ($10.00) and other valuable consideration, said License Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the License Agreement: This License is hereby extended until September 28, 2010, hereinafter referred to as "Extended License Term." 2. Except as expressly provided herein, the License Agreement between Collier County, a political subdivision of the State of Florida, and Saint Matthew's House, Inc. for the utilization of the Demised Premises described in said License Agreement dated August 1, 2000, remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to License Agreement the day and year first above written. AS TO THE LESSEE: ST. MATTHEW'S HOUSE, INC., Florida not-for-profit corporation By%::1 ~ D~~- Witness (Signature) ~~ j'4'A~S (Print Name) ~~ Witness (Signature) ~ V ANN R. ELLISON, Executive Director f"'{fvv",'f.-- A-~ dr~S5 (Print Name) AS TO T~ t~~OR: DA TEbjQ;;-~) c; -2 7 r ..2A.;.)- - >,}~lr~.',~~.., " \ ~ .. ATTEST:, ".- ~ DWIGFU, ~;?~P<' Clerk ~.,.~. i,. :,.~' . ., BY: A"'~<: - ~ :--, 'i9Mt..... onl, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: 7uLw ~ FRED W. COYLE, Chairm Approved as to form and lemuf iciency: g T ~e?~6~t1r O\^^ Tomas C. Palm r, Assistant County Attorney ORIGINAL DOCUl\1ENTS CHECKLIST & ROUTING SLIP. TO ACCOMPANY ALL ORIGINAL DOCillvIENTS SENT TO ---'16 E 8 THE BOARD OF COUNTY COl\1MISSIONERS OFFICE FOR SIGNA 1'l1lk Print on pink paper. Attach 10 original document Original dClI:umencs should be hand delivered 10 the Board Office. The completed routing slip and original documencs are to be forwarded 10 the Board Office only after the Boord has taken action on the ilem.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dales, anellor information needed. [f the document is a1re:ldy complele with the exce tion of the 0uUrman' s si ature, draw a line throu h routin lines # I throu #4. com lete Ihe checklist. and fol'W:1rd to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the evenl one of the addressees above~ including Sue Filson. need to COnl:lct staff for additional or missing information. All original documencs needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION ()w)_J./~ Phone Number ,d#;eL Ue" r= oJ 7. ;z. ad,)- Agenda Item Number Jc:.. A ........ Number of Original ,....~ e. A(/'''' , Documents Attached 1. INSTRUCTIONS & CHECKLIST- Initial the Yes column or mark UN/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions. etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ssibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. ':Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception). the original document ~nd this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on'. ~'1. O~ (enter date) and all changes made during the meeting have been incorporated in the attached document. The Conn Attorne '5 Office has reviewed the chao es, if a Iicable. 2. 3. 4. 5. ~ .. 6. Y 71'.3 /tD r: '7 / Yes {Initial} N/A (Not A licable) ~ rJIA rJ/A I: Forms! County Forms! BCC Forms! Original Documencs Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 Lease~ 6 E 8 LEASE AGREEMENT -rrl THIS LEASE AGREEMENT entered into this L day of () c~ 0 ~=::, y- r , 2005, between Horseshoe Square Development, L.C., c/o Pe1concepts, Inc., whose mailing address is 650 15th Avenue South, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2705 Horseshoe Square, Naples Florida, containing 9,568 square feet, hereinafter referred to as the "Demised Premises," for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on September 15,2005 and ending September 14,2007, hereinafter referred to as the "Initial Term." If LESSEE exercises its option to renew this Lease, as provided for within this Article 2, LESSEE shall be granted a three-month renewal term following the Initial Term at a rent to be the same as of the second year's rent. LESSOR agrees to waive payment of rent for the first month of the Initial Term which is granted by LESSOR to assist LESSEE in making improvements and its move into the Demised Premises. Rent shall commence on October 15,2005. LESSEE reserves the right to terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 12 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Following the Initial Term, LESSEE is granted the option to purchase the Demised Premises for and in consideration of the sum of Two Million Three Hundred Seventy-two Thousand Eight Hundred Sixty -four Dollars and No Cents ($2,372,864.00). LESSOR grants to LESSEE the exclusive right and option to purchase the Demised Premises following the Initial Term on the following terms and conditions: Said option shall be exercisable only following the Initial Term. The purchase shall conclude no later than one hundred twenty days from September 14,2007. LESSEE shall provide LESSOR with at least sixty day written notice of its intent to exercise the Purchase option prior to the expiration of the Initial Term. No part of the rent paid during the Initial Term, or any extension thereto, shall be credited against said purchase price. On the exercise of said option, the parties shall enter into a contract containing the custom provisions for a sale of real estate in the County of Collier, State of Florida, in which, it is known by the LESSOR that LESSEE is a governmental entity, which will be required to follow certain Statutory regulations for purchasing the Demised Premises. The parties agree that no broker participated in the negotiations of the Lease or for the said purchase option, and that no brokerage commission shall be paid in case of a sale pursuant to said purchase option. If LESSEE should not exercise its option to purchase the Demised Premises following the Initial Lease Term, LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew this Lease for one (1) additional year following the Initial Lease Term (hereinafter referred to a Renewal Term), under the terms and conditions as provided herein, by providing LESSOR with sixty day written notice of its intention to renew this Lease. The annual rent shall be increased pursuant to the terms in Article 4 of this Lease. If LESSEE should elect not to exercise its option to purchase the Demised Premises following the Initial Lease term, LESSEE shall have the right to do so following the Renewal Term following the same conditions as stated above for the first option to purchase with a closing date to be September 14,2008 at a price of Two Million Five Hundred Thirty-eight Thousand Nine Hundred Sixty-four Dollars and No Cents $2,538,964, and rent for that renewal period shall continue in the amount being paid for the current renewal term. '~rought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, la]]~~d a same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ;.i ARTICLE 11. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 12. Default bv Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). Subject to LESSEE'S good faith effort to correct such default. ARTICLE 13. Default by Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Horseshoe Square Development, L.c. c/o Pelconcepts, Inc. 650 15th Avenue South Naples, Florida 34102 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknovvledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and 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 operations share common facilities. 4 16E8 All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises to any entity other than a County agency, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a wai ver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. The LESSOR reserves the right to assign this Lease subject to the term of the Lease. ARTICLE 9. Insurance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTICLE 10. Claims Arising from LESSEE'S Use of Premises To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold LESSOR harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is 3 16E8 ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Hundred Twenty-six Thousand Seven Hundred Seventy Six Dollars ($126,776.00) per annum in equal monthly installments of Ten Thousand Five Hundred Sixty-four Dollars and Sixty-seven Cents ($10,564.67) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security deposit. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multip~b-Y-the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent Following the first full year of tenancy, the annual rental amount shall increase by four (4) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 5. Other Expenses and Charges In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of Three Thousand One Hundred Eighty-nine Dollars and Thirty-three Cents ($3,189.33) for the first year of the Lease term. This amount shall include, but is not limited to, real estate taxes, management fees (4%), insurance, outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. It is agreed by both parties that CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with written notice of same thirty (30) days after the anniversary date of this Lease of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. LESSEE shall be responsible for the payment of all janitorial services and utility charges pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, air condition, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. LESSOR shall be responsible for all costs associated with the operation and maintenance of the electrical and lighting systems, plumbing system, pest control and air conditioning system and air conditioning filters at the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. 2 , #..' 16E8 .. ; 'I ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED:\ 112 fi'-~ cO:;;? -2. () () .., BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: De 'ty Clerk Attest as to'~" ',::, ~ . ,', \,I;,a ~n '. 1\I?t~e ~Q J 1/ ,:~. "".... . "., ..: ~.., . ( ......... J~) '. .....' .1 '41 AS TO THEi:.~SS~: DATED: IIF\ / 7 / tJS- ----1-LLf-1- I ATTEST: ~-~ fete ~ BY: '1uL w. C* FRED W. COYLE, Chairma , Secretary HORSESHOE SQUARE DEVELOPMENT, L.C. BY: BY:J1' :;:::ging member W.VINCE PELC, President d 1 gal sufficiency: IO,(tr-~ Item # /bEe omas C. Palmer, Assistant County Attorney Agenda q-27-D5 Date 5 1 f, Fl · MEMORANDUM Date: September 29,2005 To: Gail Hambright Tourism From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Contract Amendment #1 to Contract #03-3537 "Tourism Development Council Marketing Services" Enclosed please find Five (5) Originals of the document as referenced above, (Agenda Item #16Fl), as approved by the Board of County Commissioners on Tuesday, September 27, 2005, 2005. If you have any questions, please call 774-8411. Thank you, Enclosure (5) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlP16 F 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ., (kk\1 (lnl,>. ! !"nm 011 (Jape!. All,leil to IITI1\!llg: lip al1d 1111..> 1\)< new ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or infonnation needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routing lines # I through #4. complete the checklist and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2.Heidi Ashton County Attorney's Office 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners (The primary contact is the holder of the original do,-'Urnent pending Bee approval. Normally tbe primary ,-"Ontact is 1k person who crcated/prepared thc executive summary. Primary contact information is nceded in the cvent onc of thc addressees above, including Sue Filson, need to contact staff tOt- additional or missing infoonation. All original documents needing the BeC Cbaionan's signature are to be delivered to the BeC olliee only after the BCe has acted to approve the item.) Name of Primary Staff Gail Hambright Contact Agenda Date Item was A roved by the BCC Type of Document Attached PRIMARY CONTACT lNFORMA TION Phone Number 403-2384 _<)~ehM 6-e ('" ,;) 7) ;).&<J.S A Agenda Item Number 16-F- L Number of Original Documents Attached .s Initial the Yes column or mark "NIN' in the Not Applicable column, whichever is Yes NI A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (An documents to be signed by the Chainnan.. with Ole exception of most letters, must be reviewed and signed by the Office of the County Attorney. TIus includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and possibly State Officials.) 2. All handwrilten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chainnan' s signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" labs are placed on the appropriate pages indicating where the Chainnan's signature and initials arc rCQuired. 5. In most cases (some contracts arc an exception). the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallalmssce within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Forms! County Forms! Bee Forms! Original ()OCUIlk.-nts Routing Slip WWS Original 9.03.04 16Ft .. Contract Amendment #1 to Contract # 03-3537 "Tourism Development Council Marketing Services" This amendment, dated 5ee\---Cl"'\.6e.f' J 7 , 2005 to the referenced agreement shall be by and between the parties to the original Agreement, Paradise Advertising and Marketing, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding Replace the language in paragraph one of Section 4, The Contract Sum, with the following language: The County agrees to pay the Contractor a fee of twenty five thousand dollars and 00/000 cents ($25,000.00) per month based upon a total annual fee of three hundred thousand dollars and 00/000 cents ($300,000.00) as consideration for all professional time devoted to account administration, strategic planning, media planning, media negotiation, media placement, traffic and billing. All media and production costs up to two milllion dollars and 00/000 cents ($2,000,000.00) annually will be billed to the County at net, so that the County receives any available agency discount. Media or production billing over two million dollars and 00/000 cents ($2,000,000.00) annually will have prior written County approval and will be billed at gross, reflecting a contractor commision of 15%. Barter media will be billed at 15% of the cost of the bartered time. The Contractor Fee will be billed on the first day of each month beginning October, 2005, with a pro-rated amount back to the executed date of the contract. All other terms and conditions ofthe agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: ~~/JI -p~: Corporate Secretary/Witness ' r By: OC<.v;d tvt. D~ flleLSs:o By: Dated: 1/05/ 05 Title: ( I Dated: CONSULTANT 6 U{c2~ 7/7t~ Paradise Advertising and Marketing, Inc. ~ . C eci.C( v- ftcon -t:- 5 (Pre. "5 (d e Yl t 'l/()5 J (')5 ( I Page 10f2 I} I-)f" . \: r.,..~' 'r~ j::. :,.. AT~ST: .,-., \-,." ~- lilt '- ht E. BrQck,,,Cl rk , \-- At.t,est ast()C"~!l'1Ian" SigAl~~~~- ~lJ' 16 Fl ~ OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER C~TY' FLORIDA~ B ~. y: Fred W. Coyle, Chairman Approved as to form and Lega . y: ~ Robert N. Za ary Assistant County Attorney Item# lLDfi Agenda n -en-os Date l Page 20f2 Ddt9 q~~ Rec'd ~p~ 16Fl Contract Amendment #1 to Contract # 03-3537 "Tourism Development Council Marketing Services" This amendment, dated 5e~ey ;;l '7, 2005 to the referenced agreement shall be by and between the parties to the original Agreement, Paradise Advertising and Marketing, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding Replace the language in paragraph one of Section 4, The Contract Sum, with the following language: The County agrees to pay the Contractor a fee of twenty five thousand dollars and 00/000 cents ($25,000.00) per month based upon a total annual fee of three hundred thousand dollars and 00/000 cents ($300,000.00) as consideration for all professional time devoted to account administration, strategic planning, media planning, media negotiation, media placement, traffic and billing. All media and production costs up to two milllion dollars and 00/000 cents ($2,000,000.00) annually will be billed to the County at net, so that the County receives any available agency discount. Media or production billing over two million dollars and 00/000 cents ($2,000,000.00) annually will have prior written County approval and will be billed at gross, reflecting a contractor commision of 15%. Barter media will be billed at 15% of the cost of the bartered time. The Contractor Fee will be billed on the first day of each month beginning October, 2005, witha pro-rated amount back to the executed date of the contract. All other terms and conditions ofthe agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATT~: &<< /It ,&~~,; Corporate Secretary/Witness (7V By: DC.t.v~d M. D; j'UtLSS;o By: Dated: 1/05/ 05 Title: I I Dated: Paradise Advertising and Marketing, Inc. C ecf.~ v- Hcurl -e.. 5 (Pre. "5 (d e ~-t C;/05 J 05 I I Page 10f2 ,., . c .~, A!:rEST: "r" .".:' c, .'. Approved as to form and Legal sufficiency: ~ R~~ Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS :~LLIER~F~~DT Fred W. Coyle, Chairman Page 2 of2 16Ft MEMORANDUM Date: December 1, 2005 To: Gail Hambright Tourism From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: 10-year lease with U.S. Mineral Management Services For Out Continental Shelf Sand Enclosed please find two (2) originals of the document as referenced above, (Agenda Item #16F2), as approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you have any questions, please call 774-8411. Thank you, Enclosure (2) 16F2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. TIle completed routing slip and original documents are to be torwarded to the Board Omce ollly after the Board has taken action 011 the item.) ROUTING SLIP 16F~ Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines # I throu #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order) 1. 2. 3. 4 Colleen M. Greene County Attorney CMG 11/30/05 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court'S Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Gail Hambright Phone Number 403-2384 Contact Agenda Date Item was September 27, 2005 Agenda Item Number 16F2 Approved by the BCC Type of Document First Amendment to 2004/2005 Tourism Number of Original Three (3) Attached - Agreement Agreement between Collier County the Documents Attached Conservancy of Southwest Florida, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on September 27. 2005 and all changes CMG made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. CMG CMG I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 bdC1\'{5 ="'''''-_'''''''''-,<"""".-""._."",,.'''''''ti>.,,,,.,.,.o_,''^'_''''"~__''''~'_'" FIRST AMENDMENT TO 2004/2005 TOURISM AGREEMENT BElWEEN COLLIER COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. 16P2 This First Amendment to the 2004/2005 Tourism Agreement, made this ;;2 7 day of OS eph~ Mb~(' 2005, (hereinafter referred to as "First Amendment") is entered into by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as "COUNTY"), and the Conservancy of Southwest Florida, Inc., a Florida not-for-profit corporation (hereinafter referred to as "GRANTEE"). WIT N E SSE T H: WHEREAS, the COUNTY and GRANTEE entered into a 2004/2005 Tourism Agreement dated September 21, 2004 (the "Agreement") for the funding of a new exhibit called "Everglades: A Work in Progress" at the Conservancy Nature Center; and WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Section 17 of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: TERM: This Agreement shall become effective on October 1, 2004 and shall remain effective until September 30, 2006. If the project is not completed within the term of the Agreement, all unreleased funds shall be retained by the COUNTY consistent with Paragraph 13 herein. Any extension of this Agreement 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. 2. Except as set forth in this First Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATE!): .~2.-tlb1HI~S- ATTES'I:~::j , " l.,( DvnGSIT~~B~Oq~Ck~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~: . fI t "I.'l \!L) , " 'TIll' " CI k I - .. ", ;.uuty,. er At'~!t~s. to C,t:ul1 rllan . s · tJI'ftWFe: on 1"J . By: ~.Ji w ~ FRE W. COYLE, Chair " Item # J0 f).. 9 ,J.1 {J'5 Agenda Date D,ete (2 -- ( -0-:; Rec'd ~~1dlJ~ K puty lerk L 16F2 (1) !}za CONSERVANCY OF SOUTHWEST FLORIDA, me. '0){ Z, signature 1ro..<;:J, ZamPiJ / i ant'..- Prmted/Typed ame (2) ~ t!J/ ~~ ross-u- &va.rc1 PrintefrPed N c r (tSLd,mr t:~ tED PrintedJTyped Title Signature S-rEVE CRBoL. PrintedJTyped Name (corporate seal) Approved as to form and legal sufficiency: (){)~m~3C Heidi F. Ashton i/ Assistant County Attorney CP\TDC\2004-;W05 Agreement\l" Amend-CopservancySWFL ORIGINAL DOCUMENTS CHECKLIST & ROUTI1, mS TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE~ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE , , . (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2.Heidi Ashton County Attorney's Office 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Gail Hambright Phone Number 403-2384 Contact Agenda Date Item was September 27,2005 Agenda Item Number 16-F-. .5 Approved by the BCC Type of Document Number of Original Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) l. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Forms/ County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04 16F5 " .. RESOLUTION NO. 2005- 337 RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO INCLUDE THE FUNDING FOR THE CITY OF NAPLES/COLLIER COUNTY BEACH RENOURISHMENT PROJECT AND THE MARCO SOUTH/CAXAMBAS PASS RENOURISHMENT PROJECT IN THE FISCAL YEAR 2005/06 LEGISLATIVE BUDGET REQUEST WHEREAS, the Board of County Commissioners of Collier County has submitted an application to the Bureau of Beaches and Coastal Systems, Florida Department of Environmental Protection pursuant to the July 18, 2005 call for local submissions; and WHEREAS, the timely maintenance and restoration of these high quality and readily accessible public recreational beaches is critical to preserve their value and viability, and to provide a boost to both the environment and the economy of Collier County tourism, including hotels, restaurants and related commercial activities; and WHEREAS, the role of the state government in maintaining and restoring beaches is appropriate and crucial, in that it recognizes the benefits accrued to the state government from the storm protection afforded by better beaches; and WHEREAS, the Board of County Commissioners of Collier County collects Tourist Taxes and designates a portion of these taxes for beach maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIo~mRS OF COLLIER COUNTY, FLORIDA, that~ Collier County, Florida supports the City of Naples/Collier County Beach Renourishment Project and the Marco South/Caxambas Pass Renourishment Project and requests that the Florida Department - 1 - 16F5 . of Environmental Protection include the funding request for these Projects in the department's fiscal year 2005/06 Fixed Capital Outlay, Legislative Budget Request; and BE IT FURTHER RESOLVED, the Board of County Commissioners of Collier County is willing to act as the local sponsor for the City of Naples/Collier County Beach Renourishment Project and the Marco South/Caxambas Pass Renourishment Project and has the ability to provide the local cost share for these projects. . .., + l\. This Resolution adopted this ;A I day of September, 2005 after motion, second and majority vote favoring same. DATED: Id- - I d -0'5 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA \ "'1 , ~'~- .11,,"':--" . " ~'') ARest:..... ::W~- ,~tUte.. .t,: E; .',. ''\ _ '- _"~ ~., ,"" l '1,1. . ....,...: ,~'; -':i;\I),)..-- ~') Appro~, as. '-to',':Dbrm and 17r~ t~T'/\:' -Pit ,-bAL Heidi Ashton Assistant County Attorney By, ~W ~ FRED W. COYLE, Chal an ltIm # Un P5 ~9-dl ~ \L-LL~Cb - 2 - 1611 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 27, 2005 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. August 13,2005_- August 19,2005. 2. August 20, 2005 - August 26, 2005. 3. August 27,2005_- September 2,2005. 4. September 3,2005 - September 9,2005. B. Districts: 1. Collier Soil & Water Conservation District: Proposed Budget for 2005 - 2006; Public Facilities Report; Schedule of Regular Meetings for 2005 - 2006; District Map FY05 - 06; Description of Outstanding Bonds; List of Current Board Members. 2. Cedar Hammock Community Development District: Agenda for May 9, 2005; Minutes of May 9,2005; Proposed Budge Fiscal Year 2006; Memorandum of Voting Conflict for Frank Lorenzo Reynolds dated June 27,2005; Memorandum of Voting Conflict for John Francis Stanley. C. Minutes: 1. Collier County Plannin~ Commission: Revised Agenda for August 18, 2005; Agenda for September 1,2005; Minutes of July 21, 2005. 2. Collier County Hispanic Affairs Advisory Board: Minutes of March 24, 2005; Agenda for March 24, 2005; Minutes of April 23, 2005; Amended Notice of Meeting & Agenda for April 23, 2005; Minutes of May 26, 2005; Agenda for May 26, 2005. 3. Productivity Committee: Minutes of June 15,2005. 4. Vanderbilt Beach M.S.T.D.: Agenda for October 6, 2005; Minutes of August 16,2005. 5. Caribbean Gardens Blue Ribbon Committee: Miimtes of July 21,2005. H:\DATA\Melanie\2005 MISCELLANEOUS CORRESPONDENCE\September 27,2005 Misc. Crsp..doc 1611 6. Parks and Recreation Advisory Board: Agenda for June 15,2005; Minutes of June 15,2005. 7. Collier County Airport Authority: Minutes of August 8, 2005. 8. Collier County Domestic Animal Services Advisory Committee: Community Foundation of Collier County Presentation Summary. 9. Coastal Advisory Committee: Minutes of June 9,2005. a) Inlet Management Sub-Committee: Minutes of June 3, 2005. 10. Conservation Collier Land Acquisition Advisory Committee: Minutes of June 13,2005. 11. Environmental Advisorv Council: Agenda for September 7,2005; Minutes of August 3,2005; Staff Reports of September 7,2005. D. Other: 1) Collier Park of Commerce Board of Directors Meeting Minutes of May 19, 2005. 2) 4H Foundation Meeting Agenda for August 16,2005; Minutes of May 3, 2005. H:\DA T A \Melanie\2005 MISCELLANEOUS CORRESPONDENCE\September 27, 2005 Misc. Crsp..doc Clerk of the Circuit Court 16 , 1 ~f II 1 ~!. Rt:CEi~ee ~ AUG 3 0 2005 BCcrd of C0t1nlY CCt'11fnt~,:s:ior.er~; Collier County, Florida Finance & Accounting Department Fiala Halas Henrung Coyle Coletta / ,/ ~ v' MEMORANDUM Date: 08/13/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period August 13,2005 through August 19,2005. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. 1/IffJII1e~.."l,"~:''''L.'1\'''':',7), ~,; ~S'!:!~~~~..._..~;t._,,;I"~"'~"'}"'-""'~.t""J'~""', -...._~,.....,...;..,. ......._ .-.....t...~ '.....-.; .~~, -~,.., .,. .-.,-. ,- "'l'.,.,~ ,,;,t"'.~.'" ,~--<<...."".....I....,......".-,,~-- , . - ~"""j '-.'~':;"" ~'-",- ~ 1 Misc. Corres: ., I ,( " It~~4~li q fc27/05 " ,- I /I,.I !].. .~:~ .,~~~~:l:. ., 'j I i D'~n' Cot"...,. .' j { ,. L_. .-...---_.....'...,.~ I .. r Ccp;cs To: .....'.~. ..,......,......., "':.',~"" ...-...-:...~~':- .,................~-... ,"'~. ;-~'~, '" u '" ~ ~ ~ .. "" '" ::> o ::;: rl , '" o o '" , o ,. .. M H <l! '<l! tJ1 8 ~ &; H <l! '-' Ul .n tJ1 <l! 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Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 08120/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period August 20,2005 through August 26, 2005. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Misc. 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M@p.i:Ilg~ Alqqq#Et:Eili~@P.:.qf....:Y~p'ggp..:.9p....q~.......::..:. g~Ym~n~..:.fim9w.;pJ; Q;J;~~p~rNj.::.... @X~p'g......@.q@l 101128 101568 101763 103196 103230 103242 100897 101678 102052 104136 105246 110311 103795 1001 1005 1006 101568 101678 102052 111210 100523 100677 101324 101678 103795 107914 1084 100677 100919 101862 102034 102893 103795 104044 104271 104271 104919 109260 1084 FLORIDA DEPARTMENT OF REVENUE INTELITRAN KPMG PEAT MARWICK LLP VILA & SON LANDSCAPE CORP WASTE MANAGEMENT INC WAYNE WILES CARPETS INC DWIGHT E BROCK CLERK OF COURTS JOHNSON CONTROLS INC MITCHELL & STARK CONSTRUCTION CO WASTE MANAGEMENT PITNEY BOWES INC MARINE CONTRACTING GROUP, INC. CDWG SUNCOAST SCHOOLS NATIONWIDE RETIREMENT SOLUTIONS ICMA RETIREMENT TRUST - 457 INTELITRAN JOHNSON CONTROLS INC MITCHELL & STARK CONSTRUCTION CO GE OSMONICS CDW GOVERNMENT INC COMMUNICATIONS INTERNATIONAL INC GREELEY & HANSEN JOHNSON CONTROLS INC CDWG CAMP DRESSER & MCKEE Fifth Third Bank COMMUNICATIONS INTERNATIONAL INC ECONOMIC DEVELOPMENT COUNCIL LODGE CONSTRUCTION INC MIDWEST TITLE GUARANTEE SURETY CONSTRUCTION COMPANY CDWG DOUGLAS N HIGGINS INC ENCORE CONSTRUCTION ENCORE CONSTRUCTION HERMAN MILLER WORKPLACE RESOURCE WORKPLACE RESOURCES Fifth Third Bank 8,883.41 4,948.00 10,291. 00 129,035.97 1,033,208.34 2,658.75 0.00 15,072.27 374,047.78 574,518.97 938.95 528,555.56 509.98 147,591.59 45,524.52 31,922.38 22,288.00 20,128.49 2,640.00 344,250.00 39.90 189.90 19,033.30 340.92 2,188.93 36,756.64 771,096.41 3,533.40 59,328.37 111,103.20 409,154.00 7,150.00 951.18 15,939.84 482,862.83 0.00 10,150.45 528.03 46.25 08/22/2005 08/22/2005 08/22/2005 08/22/2005 08/22/2005 08/22/2005 08/23/2005 08/23/2005 08/23/2005 08/23/2005 08/23/2005 08/23/2005 08/23/2005 08/25/2005 08/25/2005 08/25/2005 08/24/2005 08/24/2005 08/24/2005 08/24/2005 08/25/2005 08/25/2005 08/25/2005 08/25/2005 08/25/2005 08/25/2005 08/25/2005 08/26/2005 08/26/2005 08/26/2005 08/26/2005 08/26/2005 08/26/2005 08/26/2005 08/26/2005 08/26/2005 08/26/2005 08/26/2005 08/26/2005 2000084992 2000084993 2000084994 2000084995 2000084996 2000084997 2000085000 2000085001 2000085002 2000085003 2000085004 2000085005 2000085006 2000085274 2000085275 2000085277 2000085587 2000085588 2000085589 2000085590 2000085605 2000085606 2000085607 2000085608 2000085609 2000085610 2000085611 2000085617 2000085618 2000085619 2000085620 2000085621 2000085622 2000085623 2000085624 2000085624 2000085625 2000085626 2000085636 P; l l 16 It- ~A ~1lI. Clerk of the Circuit Court . Collier County, Florida Finance & Accounting Department MEMORANDUM Date: To: 08/27/05 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period August 27, 2005 through September 2,2005. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Misc. Corres: Date: 9/J7/[)S I I Item #: / 1o:I j A3 Copies to: '"" U N ~ ~ ~ .. i>: co ;:J o :;: '"" "- U1 o o N "- L.f) .. .. 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Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period September 3, 2005 through September 9, 2005. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Misc. 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LQ '1: .~.. ~ ~ II '-< ~ m. 0 .ltt.. f- f- W C .~... '"d (]) :i:!.'. ~ :::::t ~ :tt r1 ~ 0 ~ (Jl 3: LQ ~ 0: 'I"" .11' .:;;1 tp... .0.;. :0. :0> :~.;.;-: to.. \ ~.~. t 6 · ~t~IVJ=O ~. . SEP 0 1 U5! . MEMORANDUM Bcare! 0; C',uUil~V \~,u~Yilni~:j'.:.:~ln8r$ Misc. Correspondence Agenda Date Agenda Item # FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department Fiala /:/ ./ Ha.las ~ Henning~ ./ Coyle Coletta -= TO: Sue Filson, Administrative Assistant Board of County Commissioners DATE: RE: August 31,2005 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. . f Collier Soil & Water Con~ervation Di~t(ict 1. Pursuant to Florida Statutes Chapter 1"90, Collier Soil & Water Conservation District, has submitted the following: (a) Proposed Budget for 2005-2006. 2. Pursuant to Florida Statutes Chapter 189, Collier Soil & Water Conservation District, has submitted the following: (a) Public Facilities Report. (b) Schedule of Regular Meetings for 2005-2006. 3. Collier Soil & Water Conservation District has submitted the following: (a) District Map FY05-06. (b) Description of Outstanding Bonds. (c) List of Current Board Members. ~~trt:';"~~. ,;!.._~,...: ''"::?'l~'.;,,~,,~,> :"_."f.,~j :..',':':'~'''::;it.:;, t-;~,\'_:. ,.'; ~~.;;..,,",,,-\:.....~,,;. ,........l-tw... . ..... Thank you ~~" .-,-:\~,_., .,.' .,... "1'''''.~~'1'. "'J,' ~.. .", I"'~'''' . Misc. Corres: G:' -,: __i/.-.a7/05 I' I hI. 1. G.2. . -: :i CCpib Tv: ~~~',J-.. ~:;.":':..&H.l"'t~i1t.-,...~~~~,;'r~.~---, J6rIJ' ~, I. RECEIVES 1 .; AUG 3 1 2005 FINANCE DEF'-; LETTER OF TRANSMITTAL TO: Ms. Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S., Court Plaza III Naples, FL 34112 DATE: August 30, 2005 FROM: Collier Soil & Water Conservation District We are sending you ~Attached followings items: DUnder separate cover via the sec,1' COPIES DESCRIPTIONS ,'10 1 Proposed Budget for 2005-2006 1 District Map 1 Public Facilities Report 1 Description of Outstanding Bonds 1 Board of Supervisors Schedule of Regular Meetings 1 List of Current Board Members Please send an "Acknowledgement of Receipt" indicating that you have received all reports that you need from us. Assistant Revenues Carry Over. Prior Year Mise Income Florida Plats Interest BCB MIL USDAlNRCS . LWC MIL Total Income Expenditures Capital Outlay Contingency Fund Office Expenses Payroll Expenses Florida Retirement System Dues Insurance Printing I Advertising Professional Fees Cellular Phone Vehicle Expense Travel Florida Plat Miscellaneous Total Expense Collier Soil & Water Conservation District I ' Projected Budget 6 FY05-06 Oct 1, '05 - Sept 30, '06 24,219.00 507.00 1,620.00 80.00 53,750.00 55,590.00 135,766.00 2,000.00 6,050.00 90,909.00 6,385.00 1,500.00 12,000.00 1,500.00 7,000.00 3,000.00 2,450.00 1,500.00 972.00 500.00 135,766.00 , ! '8 1 .., RECEIVED AUG 3 1 2005 FINANCE I.J!::i-'T The Board of Supervisors approved the above projected budget for the Collier Soil & Water Conservation District at the August 18, 2005 regular board meeting. Page 1 of 1 <_~T" ,-.n..: ~., ,,: -";:;;""l 1\. -:": . ,f.: ~\ !: / "" ,)- .~t' >,,~ ~ / . ~~ !f/;.,~ .\'-~........._.'._..'...... .,-".,"t.;;,;.I~ l\. '_..~ .~~(~ . '. "',':'.:'" ....',"'.'. ",#" "" .,- Collier Soil & Water conservati! ~isJiJ' t ...~ 14700 Immokalee Road, Naples, Florida 34120 . (239)-455-4100 . Fax (239) 455-2693 Email: c s \\icJ!r'lLI11!J2l~5_Jl~ RECEIVED AUG 3 1 2005 ,::INANCE DE!.Tl August 30, 2005 Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S., Court Plaza III Naples, FL 34112 Dear Ms. Khalil: This is to advise you that no changes have been made to the Public Facilities Report. Sincerely, ~~~~ Nancy Hughes Administrative Assistant Elected Supervisors Michael Urbanik P.E., Chair Michael Simonik Michael R. Ramsey, Vice Chair John Cochrane Stanley Weiner, P.E. Secretary/Treasurer ..,ilj\1l:.??~" ,,~'J "if; j~\ A .-:j~.,.~ . '"~ ~..,.. "'!. [J~"'.'j. ;:~... .. "....,.:!";~.::i.;-;l ~,. .;. .;::..... '". ;<,-.. 1, '-'. _...... .."';.1- '"'' ~(ir . ,. 'j' - Collier Soil & Water conservat&6;sd' "R 1 14700 Immokalee Road, Naples, Florida 34120 . (239)-455-4100 . Fax (239) 455-2693 Email: <<~\~cd(li)nn.I2k<;.net riECE/VED AUG ,') 1 2005 ,;INAIU("-- ~ .~..!:: uEP i August 30, 2005 Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S., Court Plaza III Naples, FL 34112 Dear Ms. Khalil: The Collier Soil & Water Conservation District holds its regular business meeting on the third Thursday of each month, for the fiscal year 2005-2006. The meetings will be held at the Collier County Extension Service at 14700 Immokalee Road starting at 8:30 a.m. Sincerely, ~ ~(j\vv"' Nancy Hughes Administrative Assistant Elected Supervisors Michael Urbanik P.R, Chair Michael Simonik Michael R. Ramsey, Vice Chair John Cochrane Stanley Weiner, P.E. Secretary/Treasurer ~ t 6 , j:t~Vto;'" ,:: I I"1.d ....1(' F I) F c;.,. Collier Soli and Water Conservation District Agriculture Center, 14700 Immokalee Road. Naples. FL 34120 Phone (239) 455-4100 . FAX (239) 455-2693 \=' \ S t c(\ l{ (q ( ~'i' OS-- 0 Co District Boundary CONSERVATION. DEVELOPMENT. SELF-GOVERNMENT ~ ~\1r:..r~-I-.., ,.~.~","t.:~ "":<.",,,:...:;;{ . '.;. ~\ "i .... -/e... ...\" 7,.... ~: ,~~X~: .~~ ~:,. .' .~..'J "~...,.,..:,,,.,. . ........- \V _ "~'>:' . "':-..:~ ~ ..,..--~ - ' ..,,~, ~ f . ' . Collier Soil & Water conservli~n JiJi! R 1 "II . 14700 lmmokalee Road, Naples, Florida 34120. (239)-455-4100 . Fax (239) 455-2693 Email: ~\~fgrij)najlle~}~ RECEIVED AUG .3 1 2005 ::.INANCE DEP1 August 30, 2005 Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S., Court Plaza III Naples, FL 34112 Dear Ms. Khalil: This is to advise you that the Collier Soil & Water Conservation District has no Outstanding Bonds (s189.418). Sincerely, I)~~~ Nancy Hughes Administrative Assistant Elected Supervisors Michael Urbanik P.E., Chair Michael Simonik Michael R. Ramsey, Vice Chair John Cochrane Stanley Weiner, P.E. Secretary/Treasurer .. 1.6J ~ 'I."B 1 ., Collier SOil & Water Conservatlon'dislict :. 14700 Immokalee Road, Naples, Florida 34120. (239)-455-4100 . Fax (239) 455-2693 Email: f1i\\iC_g((lmaple~ne! ~~ F ''': C [ \,- f:~ f) August 30, 2005 AUG >; 1 2005 ;=rNANCE DEP'; Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S" Court Plaza III Naples, FL 34112 Dear Ms, Khalil: Following is a list of the current board members for the Collier Soil and Water Conservation District. 1. Michael Urbanik - Chair 1558 Heights Court Marco Island, FL 34145 2, Michael R. Ramsey - Vice Chair P,O, Box 1261 Immokalee, FL 34143 3, Stan Weiner - Secretaryffreasurer 9881 Clear Lake Circle Naples, FL 34109 4. Michael Simonik 1720 14th Street North Naples, FL 34103 5. John Cochrane 3660 Haldenman Creek Drive Naples, FL 34112 Sincerely, N~~ ~~ Administrative Assistant Elected Supervisors Michael Urbanik P,E., Chair Michael Simonik Michael R. Ramsey, Vice Chair John Cochrane Stanley Weiner, P.E. Secretary/Treasurer t 6 f t-'v 2'" ~ ...:~ MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 13, 2005 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Cedar Hammock Community Development District 1. Cedar Hammock Community Development District has submitted the following: // Minutes of May 9,2005 Meeting / Thank you :Ispeciallspecial Misc. Corres: Date:~~l J 05 Item#:~ Copies to: Cedar Hammock Community Dev 210 N. University Drive #800 · Coral Springs. Florida 33071 · Telephone: ( DATE: September 7, 2005 Memorandum to: ATTN: LONNIE U.S. Home Corp. 3957 Sawgrass Run Naples, FL 34112 RE: Cedar Hammock C.D.D. Minutes of the May 9, 2005 Meeting Enclosed for your record is a copy of the above-reference minutes for the Cedar Hammock Community Development District, which are to be kept on file for public access. JPW Irbf Ene. FOR INFORMATIONAL PURPOSES ONLY: ATTN. JIM MUDD Collier County Manager Governmental Center 3301 East Tamiami Trail Admin. Bldg., 2ND Fl. Naples, FL 34112 RECEiVE A TTN: JAMES L. MITCHELL Clerk of the Circuit Court Finance Dept. 2671 Airport Rd., Court Plaza III PO Box 413016 Naples, FL 34112-3016 SEP 1 2 2005 ~ '1\),'>. '\'! . David Haughton, CPA Berger, Toombs, Elam & Frank 111 Orange Avenue, Ste 300 Fort Pierce, FL 34950 " Monday May 9,2005 11 :00 a.m. 1~' Ire 2"1 AGENDA CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT Cedar Hammock Clubhouse 8660 Cedar Hammock Boulevard Naples, Florida 1. Roll Call 2. Approval of the Minutes of the February 14,2005 Meeting 3. Distribution of the Proposed Budget Fiscal Year 2006 and Consideration of Resolution 2005-04 Approving the Budget and Setting the Public Hearing 4. Discussion of Final Payoff of Series 1999 Bonds 5. Staff Reports A. Attorney B. Engineer D. Manager - i. Report ion Registered Number of Voters - 354 ii. Financials 6. Supervisors Requests and Audience Comments 7. Adjournment _ Naples Daily News Naples, FL 34102 !. " Affidavi t o~ Publication 1 6 , ""Si' 2' ~, Naples Dally News . ------------------------~-------------------------+---------------~-------- .. CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 AD SPACE: 83.000 INCH FILED ON: 05/02/05 --------------------------------------------------+----------------------- Signature of Affiant ~<&UZ~ c ~ Sworn to and Subscribed before me this~ day of f1J ~ct Personally known by me ?fr,,!J~:ft ~'"~ OC 20 ().5 NO'rICEOF MffilNG CEDAR HAMMOCK . . COMMUNITY- DEVELOPMENT DISTRICT The regular me:.etlng of the Board of SujHltvl- !lors of the (:ed., Haml. ni~ communItY Dave. opffleilt District will be held. on Monday. M8Y...9. 2005 at'11:OO a.m. at..... . Ceda'i'Hammock Club. house. 8660 Cedar Ham. m oc k B 0 u I e v a rd. Naples. Florida 3"U2. The meeting Is open to the pubUc and will be conducted In accord. ance with the. provi- sions of Florida Lilw for Community Develop- mentl:ilstrlcts.; Tfle meetlng'may. be'contln' IUed to a date... tIme. and place to be ~~ on tt1lk. (at thIt'll)eet. ..~ti:. ..~y be obtalne fromSev. em Trent ServIces; 210 N,;UIlNetSltY Drive, Suite 800.1. Coral Springs, Fiori- da.:l3071. '. Tb~r.el11afbe:occa- 5tO!'l5 ~ one Or lI'IOre supervl5.0rs: Will. Partlcl- pate.b. y telephone. At the 1Ib6ve klCtltlon ttlere wllll>8:. ~- er blfliplUlY Inter~t .can atllind"; ; at the abo .. a.nd be. fill'" l~o . the dISCU.O.......IOII...$-. .~.....t...t.ln. g placll e~~ In,pe~ .or bY te,ephone coml11unl. cation;. .. ;'. ;' AnY~. "'..1 i'.!lP.'I). ......l'&qu.. IflJig sJ)ecrllkaecoml\'l~da. tfo~sa.t tlllsmee.t!ng beea . ...... ' U1ty or JIn lit 5ho. .\1. .. 015- 'at 153- t . ecal- end!lr.daypr r tc) the meetli!g, . Each persollwhode- cldes to~pealbanYdhe- chill!! made y;t e Board . wl~h,t~5p..,~t to i !lilY. ",!ltter . . "'sfdered . ... the. ........., vis. '. ... ............ d ed tIlit ..ee Ii'l'ec:Q : .. lld- Ing5 and .t. . lng- IY,tt1e ~~nmay !1l;!8d to ensure.that a Verba- tlm:recQrd of tbepro- ceedlngs.I.f<l1ladei .In- ch,ldl"Q. the',testlmQny and evlcl;"ce upon which 5uch appeal. 15 to be based. ... James p. Ward Ma.nager . ..r.tllY 2 . No. 1023883 REFERENCE: 056685 59029092 NOTICE OF MEETINGCED State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 05/02 "'''''''' Harriett Bushona _.,.:".~:~'Y'!.rl:~~;-~ IJlY COMMISSIO. N. # . 002346&9 EXPIRES ;:: }:~ July 24, 2007 , .. 'l( <2;;/.., '.'~~~ 80NDED I HRII HUlV r.AI~, lNst!RA~,cL Ir. ~ c'.';.,9t:5.~.'" MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT I ~ , IJeo 2~:, The regular meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held on Monday, May 9, 2005 at 11 :00 a.m. at the Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, Florida. Present and constituting a quorum were: Ronald Rellinger Frank Reynolds III Donna Lessard James Shaw Chairman Vice Chairman Assistant Secretary Assistant Secretary Also present were: John Petty David Underhill Manager Engineer FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order and called the roll SECOND ORDER OF BUSINESS Approval of the Minutes of the February 14, 2005 Meeting Mr. Petty stated each Board member received a copy of the minutes of the February 14, 2005 meetings and requested any additions, corrections or deletions. There not being any, On MOTION by Mr. Rellinger seconded by Mr. Shaw with all in favor the minutes of the February 14, 2005 meetin were a roved. THIRD ORDER OF BUSINESS Distribution of the Proposed Budget Fiscal Year 2006 and Consideration of Resolution 2005-04 Mr. Petty asked did you get your copies by email? If not, I brought extras. Ms. Lessard responded no. Mr. Shaw stated I got mine this morning. Ms. Lessard stated I checked mine right before and I did not. May 9, 2005 16 r tl ~nBo2:~ Mr. Petty asked would you like a copy? Because of the recording requirements of the Florida Statue having these districts submit the proposed budgets to the local government whether it be county or municipal 60 days prior to a certain date and setting a public hearing is why we come to you so early in the year with a proposed budget. What you have before you is a proposed budget done up by our financing staff and basically they are looking at expenses to date projecting them out and coming up with next year's fiscal budget. This is not etched in stone. This is so we can start the process, submit the paper work and fill in the proper boxes. We will meet at the public hearing in 60 days in July, which will be part of the adoption of this budget. Between then and now you have the chance to have as many discussions as you like, either with staff or in a public process as far as a Board meeting. I do believe you have another Board meeting scheduled for this year. Mr. Rellinger responded on the 11 tho Mr. Petty stated at which time, changes, modification and corrections can be made to the budget. Mr. Rellinger asked July 11 th is the public hearing, is that the date you are referring to? Mr. Petty responded yes it is. Mr. Rellinger asked are we prepared to discuss this budget as it stands right now. Are you prepared to go over the budget? Mr. Petty responded we certainly can. When it comes to the history, I am not going to be very good on it, but I can certainly address the form of the budget. If you like I can take you through that. Mr. Rellinger responded please do. Mr. Petty stated if you look on page 1 we have a summary of all funds and in this particular instance we have two funds, the general fund and a debt service fund. The debt service fund is basically fixed by the bonds issued for the District and are not subject for review and change. The general fund is how you address everything else, which includes the operation and maintenance of your water management facilities and any other responsibilities you may have. If you notice there are also reserves for each. As you can see, both of them are fully funded and there is nothing we are looking for in the forth coming year. Page two is the same list of numbers set up by category verses fund. You can see how the revenues come in an unappropriated fund balance to carry forward from the prior year. 2 May 9, 2005 I 61e1'1"1r2 ''II' Special assessments, which you see on the tax bill. The levy is for all the homeowners and the developers split out separately. You can see the lion's share is still being paid by the developer. Miscellaneous income, odds and ends, interest income from accounts, expenditures. You have a fairly small category under personal services, operating expenses, capital outlay, and debt service; the lion's share being debt service and operating expenses. Again, you show no designated reserve. Page three is another way of looking at it. This is by function and the most relevant one for you to look at probably is the District Administration number under expenditures. Since we have already gone over the revenues. It shows the District Administrations cost are approximately $96,000 just under $100,000 and debt service is $135,000. Page four is a summary by category and I am going to breeze pass that one as we have already done it three different ways. Let's go to summary by function on page five. Again revenues are what we have discussed with the revenue being that by levy which is the regular homeowners without the developers payment interest income giving you total revenues just under $100,000. District Administration matching that number so we have a net zero fund at the end of the year. There are no additional changes until you get to page seven, where it breaks out the District Administration into line items. We have the Board of Supervisors as a personnel issue, which is how the accountants have labeled it. Under operating expenses we have professional services, management, accounting, audit, and on down the row and typical administrative charges, and we have capital outlay of $750 as we had in prior years. Are there any questions on these line items? Mr. Rellinger asked what is the main difference on page five at the bottom adopted 2005 $145 per unit assessment verses $130 in 2004 so it went up and then back down again to $120 in 2006. Mr. Petty responded you have a fixed number of lots that are not developer owned and it is going to cause the numbers to move a little bit. Most of the difference in the numbers is going to come from the general fund assessment you see in the box at the bottom of the page. In FY 2004, it was just under $100,000. There were 799 units assessable, which came to $130. Adopted in FY 2005 was a slightly higher budget by about $16,000, which raised assessments by the sum of $15 per unit, again taxable assessable per assessable units were 799. 3 May 9, 2005 t 6 '... n ~:~,. ~d~41mmcD ~ . . . Mr. Rellinger asked can you identify what the line item is that increased it from $98,000 to $114,0007 Mr. Petty responded mostly it looks like it was in the administration category and it appears to be in the operating expenses. Mr. Shaw stated it is a state program, NPDES; $15,000 was instituted for last year. The state water management program I believe. Mr. Reynolds asked is that a one-time thing or do we do this every x number of years7 Mr. Shaw responded we are going to have to get more information on that, I am not quite sure. It was something Mr. Adams brought last year into the budget. Mr. Petty stated if you go to page seven you will see actual FY 2004 in the first column and the budget FY 2005 and that is the difference we are looking at where we went from $87,500 to $114,800. There are quite a few categories, collection fees and early payment discount, which go to the property appraiser and revenue collector of the county of $7,800 and the prior year it was $348. Legal advertising doubled, insurance went up by $1,500, offsite mitigation came down by $11,000 and the NPDES program is $15,000, engineering was $2,000 compared to none the prior year. The rest of the categories except the audit, which went from $7,600 to $12,500 basically represents the changes between the two years. Mr. Rellinger asked what is the collection fees and early payment discount that went up $6,4007 Mr. Petty responded that is the property appraiser and the revenue collector for the county. When you do the assessments through those groups, it gives you the best way to collect because you have to pay your county tax bill or they can put a certificate on your property. Mr. Rellinger responded is that a fee they charge? Mr. Petty responded plus the 4% discount required by statue. If you recall on your taxes you get a 4% discount if you pay early and that 4% discount is shown along with a 2% collection. Mr. Rellinger states the county charges you 2% plus a deficit of 4% that is not paid. Mr. Petty responded plus the 4% if it is paid early. Mr. Rellinger stated that is where the $7,800 comes from, thank you. 4 May 9, 2005 16 \r 1-1 B 2'.' Cedar Hammock CDD Mr. Shaw asked is it because the NPDES permit was transferred to the CDD that is now the C.D.D.'s responsibility to maintain? I would imagine that our NPDES program could seize to exist since everything is stabilized and constructed. Mr. Petty responded NPDES is a revenue mechanism for the federal government. It is one of the reasons why we joined with the county because it is a bureaucratic nightmare and that agency can protect the District better than your limited staff can. By tying in with them it helps by paying your fair share, if the county does not get involved in a brouhaha with these people we will not see them. Mr. Shaw responded fine. That explains it perfectly. Mr. Rellinger stated just so I understand you went a little above my head. What do we get for the $15,000? Mr. Petty responded peace of mind. Mr. Shaw responded it is them collecting their money to be a part of the compliant with the county on the NPDES program. Mr. Petty stated to be fair the federal government is monitoring water quality in a lot of different areas and did not have an existing revenue base to pay for it. The NPDES program is the revenue base that pays for it but they embedded it. Mr. Rellinger stated it sounds like a tax. Mr. Petty responded it feels like one too. Are there any other questions on the budget? Mr. Rellinger stated I would like to ask Mr. Reynolds about the debt service. That is what I am really concerned about. Mr. Reynolds responded I was informed the debt service will be paid in November of this year. There was a break down and an offer for a couple more years. The capital will be paid off in full by November of this year. Mr. Rellinger asked the reason being? Mr. Reynolds responded we were trying for May but it was just too close for the last transfer of lots. That is what Mr. Brian Sabian said. He also encouraged you to call him yourself if you want. Mr. Rellinger asked what was his name? 5 May 9, 2005 I' ~ ... 1 ~edl~2D." Mr. Reynolds responded Mr. Brian Sabian is our account manager for this community as far as the debt and bonds I talked to him briefly this morning about it and he said the bond will be paid down in November. Mr. Rellinger asked assuming it is paid down in November what falls off of the expenses based on that debt being paid down? Mr. Petty responded the debt service fund goes away. You can look at the summary on page one. We have a summary of all funds and you can look at the last column on your right. It says debt service fund 201 expenditures $13 5 ,513. By paying off the bonds this year next year that will say zero unless you get into more debt. Mr. Rellinger stated I think I understand that but my question is based on page seven. Of all the operating expenses does any of it fall off because the debt service is gone? Mr. Petty responded the accounting should go down because you have one less fund to account for. The audit should go down because you have one less fund to account for, but it looks like the auditors may take that into account because your proposed audit is $7,500 this year verses $12,500 last. Assessment rolls services will basically stay the same and it looks like your at a minimum range there. Collection fees and early payment discount should go down because you are not putting so much through the property appraiser and revenue collector of the county. That is on a percentage basis. Mr. Rellinger stated don't blame me for asking these questions; I am looking after our homeowners, the levy will possibly decreased by a substantial amount when the debt service goes away. I understand it is reflected in the 120. What we are saying is because the debt service goes away it will be reflected in the proposed fiscal year 2006 to $120 per homeowner. The reason is mostly because the debt service goes away. Mr. Petty responded that is one of the reasons why it dropped dramatically, but since most of the debt was being paid by the developer, the change to the assessments to the homeowners is not as great as you see the change in numbers. F or example, last year's budget for debt service fund 201 was $3,543,004. We are projecting this year to be $135,500 and then it should be gone after this year. That is quite a change from $3,600,000 to $231 ,000. You have to change the assessments to the residents, $120 verses $145. That is because the developer, as it is shown on the previous pages, was paying the lion's share of debt service. There are some 6 May 9, 2005 t 6t .. ... cJaJamJ1k 2D" . Mr. Underhill stated I noticed it was not done either. Mr. Reynolds stated we were told by Ajax they were coming back out at a future time and we don't know when that is. Mr. Underhill stated we will try to nail that down to see what is going on. Mr. Shaw asked were they going to do something on Coregrass? Mr. Underhill responded I have not been informed on that. Mr. Rellinger stated that is a separate issue from this meeting. As an explanation, there is construction on Coregrass where the pavement was tore up and it is an issue with US Homes at this particular point to fix these points on the streets that are damaged and possibly resurface, but this is not an issue for this meeting. Mr. Underhill stated everything is fine. The certification and all will be done obviously once it is complete. C. Manager 1. Report on Number of Registered Voters - 354 2. Financials Mr. Petty stated we have included in your package the report on registered voters. You have 354 and this has to do with how you elect Board members, whether it is through a general election or whether it is on a per acre per lot basis. That is as of April and comes from the office of Jennifer Edwards Supervisor of Elections. Second is the financials, which were included in your package. If there are no questions it would be appropriate to accept the financials. On MOTION by Mr. Rellinger and seconded by Mr. Re nolds with all in favor the financials were a roved. SIXTH ORDER OF BUSINESS Supervisors Request and Audience Comments Mr. Rellinger asked are there any comments as to these proceedings, questions or discussions. Hearing none, the next item followed. SEVENTH ORDER OF BUSINESS There being no further business, Adjournment 8 May 9, 2005 16 ~ ~ . celarlm~c~D . ~ Ronald Rellinger Chairman On MOTION by Mr. Rellinger and seconded by Mr. Re nolds with all in favor the meetin is ad.ourned. ~~ Frank Reynolds III Vice Chairman 9 J. 6r' , 1"8 2..... RESOLUTION 2005-04 A RESOLUTION APPROVING THE BUDGET FOR FISCAL YEAR 2006 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating budget for Fiscal Year 2006; and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT; 1. The operating budget proposed by the District Manager for Fiscal Year 2006 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: July 11, 2005 Hour: 11:00 a.m. Place: Cedar Hammock Clubhouse 8660 Cedar Hammock Boulevard Naples, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 9th day of May, 2005. ----2. ...---~ '" , IG~ '-'7 ~ Ronald ellinger Chairman ~tfU~ Donna Lessard Assistant Secretary Cedar Hammock CommunIty Development DistrIct Proposed Operating and Debt Service Budget Fiscal Year 2006 May 9, 2005 ADOPTED JULY 11, 2005 f If I '9 ~ ,..t~ '. , 1l ; i ~ ;1 ~ ~ ;;'. I 1 ~ ~ .i 1 J J I j a ~ r ~ f ~ ~ I it , j , 'i ~ ~ R ~ ~l ~ , ~ j ~ J ~ ~ . ; ! 1 J 1 J I I f , j i i I I I , , i I i I I I J I I ..""__,'"''''...'''._";....c.~""...__,~..".,~,~,~,,.,~_.,~~,"w____.~''_......,,^.~,._---~~,_,.,"._~,__._._'__'H..__.'_.___ Section Summary of All Funds General Fund 001 Summary District Administration Debt Service Fund 201 Cedar Hammock ~6rrl'a2r, I 1 I ! ! l f r I j t . ~ I ~ J ~ " ~ r ~_. ~ ~ ii ~ ~ ! ~ i j j '1 1 . 1 I " f ,1 ~ ~ Community Development District Table of Contents Fiscal Year 2006 Pa!:l9S 1.3 4-5 6-7 8.10 !j ~ . ! ~ ~ tl ~ ~ :j n II 1 i l I I I ! I I I I I , I I I I I 1 , Cedar Hammock Communlt)' Development District Summary of All Funds Ascal Year 2006 1 ~ 11"B ~" I, · r- i J 1 I r J I i i L l i I I j ~ I ; 1. f i I l l ~ , ; , j ~ . I ~ ft ! tl " j i , ~ ! j I I l j I I I j I ; I , Summary by Fund Actual FY 2004 Revenues General Fund 001 Debt Service Fund 201 Total Revenues $70,394 $4,184,984 $4,255,378 expenditures General Fund 001 Debt Service Fund 201 Total expenditures $87,575 $6,101,979 $6,189,554 Reserves General Fund 001 Debt Service Fund 201 T otaf Reserves $11,412 -$1,916,994 -$1,905,583 Page 1 Budget FY 2005 $104,980 $505,309 $610,289 $114,893 $505,309 $620,202 Projected FY 2005 $105,940 $3,836,380 $3,942,320 $90,615 $3,543,004 $3,633,619 $0 $0 $0 $25,238 $293,376 $318,614 Proposed FY 2006 $96,360 $135,513 $231,873 $96,360 $135,513 $231,873 $0 $0 $0 ~ f 1 l Cedar Hammock Community Development District Summary of All Funds Fiscal Year 2006 16r't, Ba~ t I I J i ~ I j- ~ I I i ~ I i l l t..~ j l I , , I j I I i I I , i J ~ i ! i ! 1 ~ i ~ i j I 'i ; ~ 1 l I I 1 I 1 I I I J I I ,. i Summary by Category Actual FY 2004 Revenues Unappropriated Fund Balance Special Assessments - levy Special Assessments. Developer Interest Income Miscellaneous Inter-Fund Transfers Total Revenues $0 $69.666 $3,698,050 $15,181 $369 $56 $3.783,322 Expenditures Personal Services Operating Expenses Capital Outlay . Debt Service T olal Expenditures $215 $105,754 $0 $6,083.584 $6,189,554 Reserves Designated Reserves Undesignated Reserves Total Reserves -$1,916,994 $11.412 -$1,905,583 Page 2 Adopted FY 2005 $281,075 $104,980 $230,547 $3.600 $0 $0 $620,202 $5.383 $127.260 $750 $486.809 $620,202 Projected FY 2005 $0 $104,980 $114,536 $7,074 $0 $0 $226,589 $3.445 $105,658 $0 $3,524,516 $3,633,619 $0 $0 $0 $293,376 $25,238 $318,614 Proposed FY 2006 $110,000 $95,860 $25,512 $500 $0 $0 $231,873 $5,383 $108,728 $750 $117,013 $231,873 $0 $0 $0 Cedar Hammock Community Development District Summary of All Funds Fiscal Year 2006 J6r '1"8~'~ j ; . 1 I ~ , I 1 1 j , J im J I I I i .; j i j .1 i ~ J I r- ! I l . J I , r ~ ~ Summary by Function Actual FY 2004 Revenues Unappropriated Fund Balance Special Assessments - Levy Special Assessments - Developer Interest Income Miscellaneous Inter-Fund Transfers Total Revenues $0 $69,666 $3,698,050 $15,181 $369 $56 $3,783,322 Expenditures District Administration Debt Service Total Expenditures $87,575 $6,101,979 $6,189,554 Reserves Reserve Allocations Total Reserves -$1,905,583 .$1,905,583 Adopted FY 2005 $281,075 $104,980 $230,547 $3,600 $0 $0 $620.202 $114,893 $505,309 $620.202 Projected FY 2005 $0 $104,980 $114,536 $7,074 $0 $0 $226,589 $90,615 $3,543,004 $3,633,619 $0 $0 $318,614 $318,614 Proposed FY 2006 $110,000 $95,860 $25,512 $500 $0 $0 $231,873 $96,360 $135,513 $231,873 $0 $0 Beginning Fund Balance $3,491,132 $1,904,164 Ending Fund Balance $1,585,550 Page 3 $1,585,550 $1,585,550 $1,585,550 $1,904.164 $1,904,164 , ., 1 I I l i i j 1 l ~ .t , ~ , J ~ j i l J I j l I I i I I I I i 1 6r ". 8 a' Revenues Unappropriated Fund Balance Special Assessments - Levy Special Assessments - Developer Inlerest Income Miscellaneous Interfund Transfer In Total Revenues Summary by Category Actual Adopted Projected Proposed FY2004 FY 2005 FY 2005 FY 2006 $0 $0 $0 $0 $69,666 $104,980 $104,980 $95,860 $28,593 $9,913 $9,913 $0 $303 $0 $960 $500 $369 $0 $0 $0 $56 $0 $0 $0 $98,987 $114,893 $115,853 $96,360 , 'J j ! ;1 1 l i j ~ J- . ~ ! j 1 J ~ ( 'I ~ l 1 , 1 j ~ 5 J r" 1 :; .i i I ~ . , J ., 1 I I i i , ~ i ; ~ i 1 I Cedar Hammock Community Development District General Fund 001 Summary Fiscal Year 2006 Fund Description: General Fund 001 is used to account for the administrative as well as operation and maintenance activities pertaining to the Districl Expenditures Personal Services Operating Expenses Capital Outlay Total Expenditures $215 $87,360 $0. $87,575 $5,383 $108,760 $750 $114,893 $3,445 $87,170 $0 $90,615 $5,383 $90,228 $750 $96,360 Reserves Designated Reserves Undesignaled Reserves Total Reserves $0 $11,412 $11,412 $0 $0 $0 $0 $25,238 $25,238 $0 $0 $0 I , I 1 ! 1 I ! I il , j i ~ ~ i 1 I I I ! 1 I Page 4 Cedar Hammock Community Development District General Fund 001 Summary Fiscal Year 2006 J ~ '., I" r:t :>1... . I.! ~ " J i J 1 1 1 ~ i I \ ? ~ i- 1 1 .1 J ~ 1 i ~ i . ~ , J- j .l , I I J J . I I f I i J I J ~ 1 Summary by FunctIon Actual FY 2004 Adopted FY 2005 Revenues Unappropriated Fund Balance Special Assessments. Levy Interest Inoome Miscellaneous lnterfund Transfer In Total Revenues $0 $69,666 $303 $369 $56 $70,394 $0 $104,980 $0 $0 $0 $104,980 Expenditures District Administration Total Expenditures $87,575 $87,575 $114,893 $114,893 Reserves Designated Reserves Undesignated Reserves Total Reserves $0 $0 $11.412 $0 $11,412 $0 $30,007 $41.419 $41,419 $41,419 Beginning Fund Balance Ending Fund Balance Projected FY 2005 $0 $104,980 $960 $0 $0 $105,940 $90,615 $90,615 $0 $25,238 $25,238 $41.419 $66,657 Proposed FY 2006 $0 $95,860 $500 SO SO $96,360 $96,360 $96,360 $0 $0 $0 S66,657 $66,657 Actual Adopted Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 $98,259 $114,893 $114,893 $95,860 799 799 799 $130 $145 $120 General Fund 001 Assessments Assessable Units Per Unit Assessment Page 5 , ~.- r . '1 ~ ; I I I I I r I I I I ! I I , j $215 $87,360 $0 $87,575 $5,383 $108,760 $750 $114,893 t 6 'r!- 'e q"'~ 1 i 1 ~ ~ -1 I i I I r J f , L j I i I ~ I I ! I J ~ j I i ~ ; ij ~ ~ Ii I ! i I ~ i 1 I ~ fI i I ! ! t I Projected FY 2005 Proposed FY 2006 Cedar Hammock Community Development District General Fund 001 District Administration Fiscal Year 2006 Department Function: Provides for services In support of District functions as provided for in the Florida Statutes, which include District Supervisors, Management, Administration, Public Records, Finance, Legal, Engineering, Audit and Special Assessments. Actual FY 2004 Budget FY 2005 Cateaorv Personal Services Operating Expenses Capital Outlay Total District Administration $3,445 $87,170 $0 $90.615 $5,383 $90,228 $750 $96,360 ; ~ , Page 6 " t j ~ 6f''''Et 21" Cedar Hammock Community Development DIstrict I 1 i l l General Fund 001 J j I i District Administration Fiscal Year 2006 i- f I Actual Budget Projected Proposed I FY 2004 FY 2005 FY 2005 FY 2006 Account Descrlotion Personal Services I Board of Supervisors $215 $5,383 $3,445 $5,383 Sub-Total $215 $5,383 $3,445 $5,383 1 I-- Operating Expenses I 1 I Professional Services j Management $35,000 $35,000 $35,000 $36,750 ! 1 Accounting Services $8,000 $8,000 $8,000 $8,400 i Audit $7,626 $12,500 $12,500 $7,500 J Assessment Roll Services $5,000 $5,000 $5,000 $5,000 Legal $4,589 $5,000 $5,000 $5,000 J Engineering $0 $2,000 $2,000 $2,000 1 I NPDES Program $0 $15,000 $0 $0 , Off-Site Mitigation $17,686 $6,813 $6,813 $6,813 1 - Postage $701 $750 $654 $750 j , 1 Telephone $375 $500 $293 $500 j ~ Insurance $6,000 $7,500 $7,500 $7,500 , I Printing & Reproduc6on $860 $1,000 $695 $1,000 j Legal Advertising $591 $1,000 $2,000 $1,000 1 1 Other Current Charges $0 $250 $0 $250 I j Office Supplies $408 $400 $444 $400 I I Annual District Filing Fee $175 $175 $175 $175 1 I Collection Fees & Early Payment Discount $348 $7,872 $1,096 $7,190 \ , Sub-Total $87,360 $108,760 $87,170 $90,228 I Capital Outlay Office Equipment $0 $750 $0 $750 Sub-Total $0 $750 $0 $750 Total District Administration $87,575 $114,893 $90,615 $96,360 Page 7 Cedar Hammock Community Development District Debt Service Fund 201 Series 1999 Bonds Fiscal Year 2006 16, , l"~~'" ,1 i i 1 I j i I l ' r ! , . I " ! I i ~ I i f j I 'ii'- I i I l .1 ! , j I I , ! l I I , j I ! i 1 Fund Description: Debt Service Fund 201 is used to account for the financial resources used to pay the debt service on the Dislricrs Series 1999 Bonds. Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2005 Revenues Unappropriated Fund Balance Special Assessments - Developer Assessment Prepayments Interest Income Total Revenues Expenditures Principal Debt Retirement Principal Prepayments Interest Expense Operating Expenses T ctal Expenditures Net Income Budget FY 2005 $281,075 $220,634 $0 $3,600 $505,3D9 Projected FY 2005 $0 $104,623 $3,725,644 $6,114 $3,836,38D $0 $0 $275,000 $3,350,000 $211,809 $174,516 $18,500 $18,489 $505,309 $3,543,004 $293,376 .$1,544,130 $11,000 $0 $3,506 $3,506 $1,713,000 $110.000 Variance ($281,075) ($116,011) $3,725,644 $2,514 $3,331,071 ~ if' I} Fund Balance September 30, 2004 (Audited) Reserved for Debt Service (All Years) Reserved for Debt Service (Fiscal Year 2007): Principal on Bonds Due 11/1/2006 tnlerest Expense Due 11/1/2006 Reserved for Other Parties Fund Balance September 3D, 2005 $0 $3,075,000 ($37,293) ($11) $3,037,695 Page a ~ ~ I I , 1 I I ! I I I I I I i Revenues Unappropriated Fund Balance Special Assessments - Developer Assessment Prepayments Interest Income Total Revenues Expenditures Operating Expenses Trustee Fees Accounting Services Arbitrage Rebate Calculation Dissemination Agent Fees Sub-Total Debt Service Principal Debt Retirement Principal Prepayments Interest Expense Sub-Total Total Expenditures Reserves Designated Reserves Undesignated Reserves Total Reserves Beginning Fund Balance Ending Fund Balance Cedar Hammock I 6:' !. B ~~. I ,j .. CommunIty Development District ~ -;" I 4 Debt Service Fund 201 I Series 1999 Bonds i Fiscal Year 2006 I r I I , Actual Budget Projected Proposed l. i FY 2004 FY 2005 FY 2005 FY 2006 I $0 I $281,075 $0 $110,000 l $3,669,457 $220,634 $104,623 $25,512 J $500,649 $0 $3,725,644 $0 ~ ~ $14,878 $3,600 $6,114 $0 " ~ $4,184,984 $505,309 $3,836,380 $135,513 L i , i I ; $7,394 $7,500 $7,489 $7,500 i i $4,500 $4,500 $4,500 $4,500 I I $1,500 $1,500 $1,500 $1,500 I $5,000 $5,000 $5.000 $5.000 I $18,394 $18,500 $18.489 $18,500 I I - 1 I I , $0 l ~ $0 $0 $0 , , j $5,590,000 $275,000 $3.350,000 $110,000 1 , $493,584 $211,809 $174,516 $7,013 1 1 $6,083,584 $486,809 $3,524,516 $117,013 j $6,101,979 $505,309 $3,543,004 $135,513 I j 1 I I ($1,916,994) $0 $293,376 $0 i ! $0 $0 $0 $0 ($1,916,994) $0 $293,376 $0 ~ ~ \1 $3,461,125 $1,544,130 $1,544,130 $1,837,507 i I $1,544,130 $1,544,130 $1,837,507 $1.837,507 I I I I I I I Page 9 I I ! Date Cedar Hammock Community Development District Debt Amortization Series 1999 Principal Interest I 6 '1-' B 2"'~ . f j 1 ~ I i i J f L I i ~ I I ; ~ ~ ~ j j ~ i 1 l I r ! J I I ~ Principal Balance 5/1/2000 11/1/2000 5/1/2001 11/1/2001 5/1/2002 1111/2002 5/1/2003 11/1/2003 5/1/2004 11/1/2004 5/1/2005 11/1/2005 5/1/2006 11/1/2006 5/1/2007 11/1/2007 $2,450,000.00 $2,480,000.00 $1,670,000.00 $2.970,000.00 $2,005,000.00 $3,690,000.00 $2,615,000.00 $2,975,000.00 $1,445,000.00 $1,905,000.00 $110,000.00 $24,315,000.00 Page 10 $516,693.75 $775.040.63 $696,946.88 $617,896.88 $564,665.63 $469,996.88 $406,087.50 $288,468.75 $205,115.63 $110.287.50 $64,228.13 $3,506.25 $3,506.25 $3.506.25 $3,506.25 $3,506.25 $24,315,000.00 $24,315,000.00 $21.865,000.00 $19,385,000.00 $17,715.000.00 $14,745,000.00 $12,740,000.00 $9,050,000.00 $6,435,000.00 $3,460,000.00 $2,015,000.00 $110,000.00 $110,000.00 $110,000.00 $110,000.00 $110,000.00 $0.00 JENNIFER J. EDWARDI6rl I',.. "\~_ SUPERVISOR OF ELECTIONS n ~ .... April 15, 2005 Ms Jean M. Rugg Cedar Hammock CDD 210 North Univeristy Dr. Suite 800 Coral Springs, FL 33071 Dear Ms Rugg, In compliance with FS 190.006 2.d. the number of registered electors residing in Cedar Hammock CDD as ofthis date is 354. Sincerely, CV~~ David Carpenter Qualifying Officer Collier Government Complex' Martin Luther King, Jr. Bldg. . 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: 239/774-8450 . Fax: 239/774-9468 Cedar Hammock Community Development District Financial Statements Unaudited March 31, 2005 t ~"rs 2 ..* .. -,: , ;.i- t i 1 , :1 ;j J r- , >; c o 11I1 E - ::JU".I nJ-gQ '0 cn! CI ......N o E Cl) ~ CII u ~-o CII c en ::J 1:jLl.. CII o ;; ....-0 Cl) C C ::J ~LI.. OroOMNO~O~~OOOOOOM _W_~~_OOMM__O__~~ L() ~N WLC)"<I"~ ro "<I" ~ ~.. ~ sf ~ ~ ;i fi ~- ~ LC)N ~ ~ -~ - Z; tA. OroOONOWOLC)OOOOOOO~ _W__~~OOM~___~~~ro L() N WLC)"<I" M -:i r-- 0) ~.. -r-" .....: ~ - fR~- 00. -~ Z;; Z; OOOMooooomOOOOOON ~~_~_~~__M~~O_~_~ LO t- CO ~ LC)- c:i N ~. CO ..- ~ 0> - ~ ~ Q) :c rn > "w o Q) Q)15 O::~en Ow 2 01:: Q) ::::l 0::U) en . 1::~ => en 8(3 <{ en ~ .$ ..5 ..1 " I/) Q) Q)~2 I/) en 0 I/) CI] 0 <u<{ 1:: ::::l o g Q)<{ ::::l- c: en g.? ~ Q).$ 0::..5 . . en.J!l(l).J!l cc:c:c:: Q) Q) Q) Q) E E E E Ci)1i)(j)(j) Q) Q) Q) Q) > > > > ..s.sEE 1:: Q) E Q) >-2: ~51 ~ Q) a..c::: .J!l c: Q) Q) .5~1::~ -g .a 5 ~ > ~ " U. I- "~(I) os; <{....EQ)51.92e Q)Q)g?0:::c:1ija.. ~c3~-E1 ~'ffi~-E1~ _> E E Q) x > 0 Q) III EW<{-EIII ~ee(l):2cc~< ffiu.u.~~55e~ :a:88~ct~~~~ (I) Q)"C _ c: .Q ::J tVLL >-.... ..~Q) :e :5 ;e!90 =~.9 .Ql:SQ) ::l~8 O~OOO ~C"">~__ ~ c:i Z; O~OOO _C"">___ ~ c:i Z; 00000 --~-- Q) Q) 2: :c 5l tV Q)~~ 0::: = a.. '- :0 (l> ~o~ 0> o -l ~ "g?ffi:s Q) :5 Q) 000::: (I) w (I) (I) <{ IS " 00:;: ~ Co u:~ ~.E Q) Q) ilja30 Bt9j2 C 05 ~ "*~c: 1XI.s51 -0 (I) Q) S~c::: LI....5 J 6 , l~ 2r ~~~~~ ~ a> 0> <X:!. z; C""> 0> "<I" o' e;;. z; OOOON _~~_"'<t" W c:i o <X:!. Z; 00 ~ ~ ~ <X:!. Z; OOOON ~---~ ~ cr; 0> - N ~ ~ a> ~ ~ Q) Ol ctl a.. (I) (1) e"~ ~ _ Q) ::J 5u>"g u >- c: -0 tV ::::l C ~?:u.::J ~-geiLl.. <&.~-g .... (1) III .Q.Q<.9Ul~ "_~. "J!.'! -g ~ 'c ~-2:=QJ ~~Q):SO o~ ~ 1!! ::l ~ (1)Q)C:_.t:: DD::lJ!C5 ~~ Page 2 I 6r' I' B Cedar Hammock Community Development District General Fund Statement of Revenues & Expenditures For The Period Ending March 31, 2005 Current Y-T-D Y-T-D Budget % of Bud. I Month Revenues: Interest Income $172 $526 $0 0.00% Interest Income - Surplus $0 $46 $0 0.00% Assessment Levy $0 $95,329 $98,682 96.60% Developer Assessment $708 $4,253 $9,913 42.90% Total Revenues $880 $100,154 $108,595 92.23%1 Expenditures: Professional & Administrative Supervisor Fees $431 $861 $5,383 15.99% Management Fees $7,167 $21,500 $43,000 50.00% Audit Fees $0 $4,500 $12,500 36.00% Property Appraiser $0 $1,096 $1,574 69.63% Assessment Roll SelVices $0 $5,000 $5,000 100.00% Legal Fees $0 $728 $5,000 14.56% Engineering $0 $0 $2,000 0.00% Telephone $66 $188 $500 37.60% Postage $145 $418 $750 55.73% Insurance $0 $5,000 $7,500 66.67% Printing & Binding $133 $423 $1,000 42.30% Legal Advertising $0 $1,024 $1,000 102.40% Office Supplies $0 $185 $400 46.25% Dues, Ucenses, & Subscriptions $0 $175 $175 100.00% Contingencies $0 $0 $250 0.00% Capital Outlay $0 $0 $750 0.00% Npdes Program $0 $0 $15,000 0.00% Total Administrative Expenses $7,942 $41,098 $101,782 40.38%1 Expenditures: Field Services Off Site Mitigation $681 $1,363 $6,813 20,01% Total Field Expenses $681 $1,363 $6,813 20.01%1 Total Expenditures $8,623 $42,461 $108,595 39.10%1 Excess Revenues (Expenditures) ($7,743) $57,693 $0 Fund Balance. Beginning $41,419 Fund Balance. Ending $99,112 Page 3 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS I g , t-e 2~~!' .~ ~ , j ~ WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council. commission. authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Stalutes. Your responsibilities under the law when faced with vollng on a measure in which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appoinllve position. For this reason, please pay close attention to the instructions 011 this fOflTl before complellng the reverse side and filing the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in thaI capacity. For purposes of this law. a 'relalive~1Ilcludes only the officer's father, mother, son. daughter, husband. wife, brother, sister, father-in-law, mother-in-law, son-in-law. and daughter-in-law. A "business associate" means any person or entity engaged In or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to atlstallill1g from voting in the siluations descnbed above, you must disclose the connict: PRIOR TO THE VOTE BEING TAKEN by publicly staling to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this tomi with the person responsible for recording the min- utes of the meeting, who should incorporate the fonn in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision. whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) 1:6 , iw :? t- APPOINTED OFFICERS (continued) . A. copy of the fonn must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPt TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeling, who must incorporate the form in the minutes. A copy of the form must be provided Immediately to the other members of the agency, and the form must be read publicly at the next meeting after the fonn is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ~,....~ L. ~Lo""D.s ,herebydisclosethaton continuing conflict (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss: inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative. ~__ inured to the special gain or loss of Developer whom I am retained: or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my connicting interest in the measure is as follows: .20~: by . which Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87-66 c; -~7- OS; Date FUed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 ! 6r , l~'e 2't" ; 'j ~ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ) 'j-f'IR J f R-ftlV~) s ItG;BOARD, D 4 , THE BOARD, CooNC ISSlON, AUTHORITY OR ~- WHICH I SERVE IS A UNIT Of: o CITY a COUNTY JOb orneR lOCAl AGENCY NAME Of POlITICAl SUBOMSlON: I' DATE 00 WHICH VOTe OCCURRED ~on oin conflict- MY POSITION IS: ELECTIVE a APPOINTlVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or cornmittee. It applies equa:l;' to members oi advisory and non-advisory bodies who are presented with a voting conllict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conftict of interest wlU vary greally depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fOll1l before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure Which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other' than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative"-fndudes only the officer's father, mother. son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclOse the conflict PRIOR TO THE VOTE BEING TAKEN by pubUcly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this tonn with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situatioos described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and tile this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) t 6 r-, 1"8 a- APPOINTED OFFICERS (continued) A copy of the fonn must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPt TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form In the minutes. A copy of the fonn must be provided immediately to the other .members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. , hereby disclose that on continuing conflict ,20_: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate. inured to the special gain or loss of my relative. ~__ inured to the special gain or loss of Developer whom I am retained: or .by . which inured 10 the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87-66 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE Am REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. . PAGE 2 CE FORM 88 - EFF. 1/2000 Each C~~.' Fia\a Ha\as \-\ennin9~ Coy\e Coletta COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, AUGUST 18,2005, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: 1~ AGENDA Revised RECiEO 1 6B"'~~~~ c,:J: 1 ":1 NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROV AL OF MINUTES - Not available at this time 6. BCC REPORT-RECAPS - JULY 26,2005, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: V A-2005-AR-7444, Terry & Charlotte Rhodes represented by McGarvey Custom Homes, is requesting a 8'11" side yard variance on the east side property line in order to be able to replace an existing pool fence with a screen enclosure, thus causing an encroachment into the required 30 foot side setback. The property to be considered for the variance is located at 11230 Five..Oaks Lane, and is further described as Phase I, Lot 64, Block E, of the Twin Eagles Subdivision, in Section 20, Township 48 South, Range 27 East, Collier County, Florida. (Coordinator: Carolina Valera) Mbc. Cones:. t.'..}:3/J1!D5 - L ...:. {(PI.2 e. I 1 C.\,J.,-;;.1o: t 6 I t. C 1~ B. Petition: PUDZ-A-2004-AR-6084, Waterways Joint Venture IV, represented by Dwight H. Nadeau, of RW A, Inc., and Richard D. Y ovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Development (RPUD) for a project to be known as Bristol Pines RPUD to amend the existing PUD document and master plan for a residential subdivision to add land and units to allow for a maximum number of 292 residential units and recreational amenities. The project density is proposed to be 6.85 units per acre subject to the approval of the companion Affordable Housing Density Bonus Agreement, authorizing the developer to utilize affordable housing bonus density units (in the amount of 121 units at 3.0 bonus density units per acre) in the development of this project for low-income residents that will include a maximum of 29 units designated as affordable housing units. The project consists of 42.61 acres and is generally located at 14750 Collier Boulevard on the east side of Collier Boulevard (CR-951), approximately 1 mile south of Immokalee Road (CR-846). Access to serve the project is proposed to be from Tree Farm Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem) CONTINUED INDEFINITELY C. Petition: PUDA-2005-AR-7] 52, Valewood Properties, LLC, represented by Bruce Tyson ofWilsonMiller, Inc., is requesting an amendment to the Planned Unit Development "PUD" Document and Master Plan to revise 21.74 acres ofland from Commercial to Residential use, allowing an additional 260 multi-family residential units. The subject property is located in Section 20, Township 48 South, Range 26 East. (Coordinator: Heidi Williams) CONTINUED FROM 8/4/05 D. Petition: PUDZ-2005-AR-7469, Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of RW A, Inc., requesting a rezone from the Rural Agricultural (A) zoning district to the Planned Unit Development (PUD) zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses on a total of 37.5:t acres. The subject property is located on the west side of Collier Boulevard, approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East Collier County, F]orida. (Coordinator: Heidi Williams) CONTINUED FROM 8/4/05 E. LDC Amendments Special Cvcle 2a. 2005: An Ordinance Of The Board Of County Commissioners Of Collier County, Florida, Amending Ordinance Number 04-4], As Amended, The Collier County Land Development Code, Which Includes The Comprehensive Land Development Regulations For The Unincorporated Area Of Collier County, Florida, By Providing For: Section One, Recitals; Section Two, Findings Of Fact; Section Three, Adoption Of Amendments To The Land Development Code, More Specifically Amending The Following: Chapter 2 - Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts, Section 2.03.08, Rural Fringe Zoning Districts; Chapter 10 _ Application Review and Decision-making Procedures, including Section 10.02.]3, Planned Unit Development (PUD) Procedures; Section Four, Conflict And Severability; Section Five, Inclusion In The Collier County Land Development Code; And Section Six, Effective Date. (Coordinator: Catherine Fabacher) 9. OLD BUSINESS ]0. NEW BUSINESS I I. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN S-lS-OS/CCPC Agenda/RB/sp 2 AGENDA ~~l ~ 11J Henning " / Coyle ~ = Coletta ~ .. COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, SEPTEMBER 1, 2005, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE RECEIVED AUG 2 4 2005 2. ROLL CALL BY CLERK Board cf 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - JULY 21, 2005, REGULAR MEETING 6. BCC REPORT- RECAPS - Not Available At This Time 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: CU-2004-AR-6700. Eden Institute Foundation, Inc., represented by Kelly Smith, of Davidson Engineering, Inc., requesting Conditional Use per Table 2 LDC Section 2.04.03 ofthe "E" Estates zoning district for a private school and group care facility. The proposed project includes a school facility for individuals with autism along with a group home which will allow for respite care, areas for outreach services, including physical therapy, speech ther~~y and occupatiO~~f. rap,y...,:}iIld. r. e~r~~tio.n. a..l f:.a. c. ilities .fi. ~r the use of the students as well as program partICIpants. The subJe 4lp.erty,~'cQnsI"~~iiig tJ:r9 :63'il'eres,'Is' located at 2101 County Barn Road, in Section 8, Township 50 r~''RanB~ 26 East,'C~liier'Coi.inty, Florida. (Coordinator: Michael J. DeRuntz) MISC. Corres: I D.I'Q' U1.\J. 1 ;i , , J~2;r~~~ LCO"iGS To: .,"__.,.__",,,~_----:-~~~~-:~"'." - 'd.' 16r1t'Cl-- B. Petition: PUDZ-2004-AR-6207. MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon Management, Inc., requesting a rezone from the C-l and C-2 zoning districts to the PUD Planned Unit Development zoning district to allow a maximum of 86 multi-family dwelling units. The property, consisting of 10.76 acres, is located on the northwest corner of Radio Road extension and Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Mike Bosi) C. Petition: PUDA-2005-AR-7152. Valewood Properties, LLC, represented by Bruce Tyson ofWilsonMiller, Inc., is requesting an amendment to the Planned Unit Development "PUD" Document and Master Plan to revise 21. 74 acres ofland from Commercial to Residential use, allowing an additional 260 multi-family residential units. The subject property is located in Section 20, Township 48 South, Range 26 East. (Coordinator: Heidi Williams) CONTINUED FROM 8/18/05 D. LDC Special Cvcle 2a. 2005. Continuance of the hearing, specifically on the proposed amendment for PUD expiration and retirement of excess numbers of dwelling units. CONTINUED FROM 8/1 8/05 9. OLD BUSINESS 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 9-1-0S/CCPC AgendalRB/sp 2 ;>: ~ -, 1 6" II' r 1 :1 . I July 21, ~O~ , TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida July 21,2005 , , LET IT BE REMEMBERED, that the Collier County Planning ': Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION at the Board of County Commissioners' Board Room, 3301 Tarniami Trail East, Naples, Florida, with the following members present: VICE CHAIRMAN: Mark Strain Robert Murray Brad Schiffer Robert Vigliotti Donna Reed Caron Kenneth Abernathy Lindy Adelstein Russell Budd (Absent) Paul Midney (Absent) ALSO PRESENT: MaIjorie Student - Stirling, Assistant County Attorney Patrick White, Assistant County Attorney Joseph Schmitt, Community Dev. and Env. Services Raymond Bellows, Chief Planner Don Scott, Transportation Planner Mike DeRuntz, Principal Planner Alan EI-Urfali, Transportation Planner Carolina Valera, Principal Planner Page 1 f; 1611 t. C 1 ~, July 21, 2005 CHAIRMAN STRAIN: Ladies and gentlemen, we would like to start the meeting. Collier County Planning Commission, July 21st. If you will all rise for the Pledge of Allegiance, please. (The Pledge of Allegiance was recited.) CHAIRMAN STRAIN: Thank you. Start with roll call. Ms. Caron? MS. CARON: Here. CHAIRMAN STRAIN: Mr. Vigliotti? MR. VIGLIOTTI: Here. CHAIRMAN STRAIN: Mr. Abernathy? MR. ABERNATHY: Here. CHAIRMAN STRAIN: Strain is here. Mr. Budd is absent, Mr. Midney is absent. Mr. Adelstein? MR. ADELSTEIN: Here. CHAIRMAN STRAIN: Mr. Schiffer? MR. SCHIFFER: Here. CHAIRMAN STRAIN: And you're here. MR. MURRAY: Yes, I am. CHAIRMAN STRAIN: I didn't see you through Brad, so -- Addenda to the agenda. Gentlemen, are there any changes or suggestions to the agenda at this point? MR. ABERNATHY: Yes, sir. I'd like to add an item, talk about certain scheduling considerations for the planning commission. CHAIRMAN STRAIN: Okay. Will under new business be okay for that? MR. ABERNATHY: New business would be fine. CHAIRMAN STRAIN: Staff, is there any changes to the agenda from staff? MR. BELLOWS: No changes. CHAIRMAN STRAIN: Okay. Planning Commission absences? I think our next meeting is August 4th. Are we all planning to be here? (All say yes.) Approval of minutes on June 2nd, 2005? MR. ADELSTEIN: Moved. MR. SCHIFFER: Seconded. CHAIRMAN STRAIN: Moved and seconded. All those in favor? (All say aye.) Minutes of June 2nd, 2005 -- I mean June 16th, I'm sorry. MR. ABERNATHY: So moved. MR. SCHIFFER: Seconded. CHAIRMAN STRAIN: Moved and seconded. MR. MURRAY: June 16th, one correction, please. CHAIRMAN STRAIN: Mr. Murray? MR. MURRAY: On Page 34 of said document, it speaks on the top, about the third line down, it speaks about official and they really -- and the word should be surficial, and that's in two locations in that -- let's see, one, two, three, four, five -- four and five, the word official should be replaced with surficial. CHAIRMAN STRAIN: Okay. So noted. MR. ABERNATHY: Is that s-u-r-f-i-c-i-a-l? Page 2 1.6 I t- y. r 1 Jru121, ,2~05 . ~ MR. MURRAY: Correct. MR. ABERNATHY: As in surface? MR. MURRAY: That's it. CHAIRMAN STRAIN: Any other corrections? Mr. Murray? MR. MURRAY: Nothing. CHAIRMAN STRAIN: Okay. I'm assuming the motion maker with accept the amendments? MR. ADELSTEIN: Absolutely. CHAIRMAN STRAIN: All those in favor? Anybodyopposed? Okay. Ray, do we have any BCC report recaps? MR. BELLOWS: There was no BCC meeting on July 12th. However, I do want to make note that the conditional use for the Jehovah's Witness, which was scheduled for next Tuesday, has been continued at the request of the petitioner. They want to meet with the Golden Gate residents and the Civic Association to come to some better agreement on the extent of the project. CHAIRMAN STRAIN: Okay. Thank you. Anything else? None? Then we'll start. Ah, good morning, Mr. White. MR. WHITE: Morning. CHAIRMAN STRAIN: Get into our regular agenda. The first item on the agenda is Petition PUDZ-A-2004-AR-6092, the Benderson Development Company, a rezone from a PUD to a mixed use PUD, also known as Westport Commerce Center. All those wishing to testify in this particular item, would you please rise and be sworn in? WHEREUPON: ALL POTENTIAL WITNESSES, having been first du1y sworn, upon their oath, testified as follows: CHAIRMAN STRAIN: Thank you. You may be seated. Okay. Mr. Anderson, I bet you're representing the applicant -- oh, I'm sorry. Is there any conflicts -- not conflicts, but any disclosures? MR. ADELSTEIN: Yes. I met with Don Scott. CHAIRMAN STRAIN: Anyothers? Okay. Sorry, Bruce, go ahead. MR. ANDERSON: Good morning, Mr. Chairman and the Planning Commission. For the record, my name is Bruce Anderson from the Roetzel and Andress law firm, and I'm here on behalf of Benderson Development's interests. Also with me today are Fred Reisch! and Jim Carr of Agnoli, Barber & Brundage, and Rick Reiff of Kirnley-Horn & Associates. This is a PUD amendment application. I wou1d say candidly that this is the kind of zoning petition that you all probably ought to love receiving. This application simply eliminates the hotel and reconfigures the square feet ofthe already allowed commercial and light industrial uses, and it's reconfigured into a mix that lowers the trip generation rate by more than 10 percent from the current PUD allowed mets. That's an apples-to-apples comparison. Plus, the application increases the preserve area to cover more than 25 percent of the site. Specifically, for the record, the changes convert 345,000 square feet oflight industrial uses and a 150-room hotel into 95,000 square feet of retail commercial uses. No new land uses are proposed as part of this amendment. The Westport property has been under development as the marketplace, market center, at the comer of Davis and Collier Boulevard. This property has been platted, and it's improved with a public bypass road around the Davis/Collier Boulevard intersection, so people can avoid that. This is the bypass road of which I speak. Page 3 t 6t I t" C 1 ~ \ July 21, 2005 It seems to me that this is the kind of application that the County Commission and that you folks want to encourage to reduce future traffic impacts from those which are presently already authorized. We have received a request for a potential future interconnection from property owner interests immediately to the west of this parcel, and we will add an arrow on the PUD master plan along the western boundary to so indicate a potential future interconnection. Our transportation planner, Rick Reiff from Kimley-Horn, is available to answer or to address the reduced trip generation represented by this application, or you may want to hear that from your own transportation planning staff Otherwise, I and the other members of the project team are available to respectfully answer your questions. MR. MURRAY: Well, Mr. Chairman? CHAIRMAN STRAIN: Yes? MR. MURRAY: I was just going to look -- I'll go ahead. Okay? CHAIRMAN STRAIN: Okay. MR. MURRAY: Bruce, just to verify, I think I'm clear on it, but to the south on that property, that is all-- that's all walled, is it now? It has a wall on it all along that area right there? That is the Wal-Mart area. Is it not? MR. ANDERSON: Yes. I'm told the wall does extend all the way around the boundary. MR. MURRAY: Yeah, I believe it does. I just want to be clear in my mind. So the buffering was my concern, and I'm satisfied. Thank you. CHAIRMAN STRAIN: Any questions from the Commission? MR. SCHIFFER: I have one. CHAIRMAN STRAIN: Go ahead. MR. SCHIFFER: Bruce, the ownership of it, we did get a further disclosure, but in your application, you state that Wal-Mart is an owner also, or-- MR. ANDERSON: Yes. They own the parcel upon which the Wal-Mart has been constructed. MR. SCHIFFER: That's in the PUD, but it's not in the application, is there-- MR. ANDERSON: They're not the applicant. They're not involved in this application. MR. SCHIFFER: But the items in there in which we disclose who the ownership of the property is, shouldn't they be in there, or -- MR. ANDERSON: No, because they're not the applicant. They don't -- MR. SCHIFFER: So only owners -- MR. ANDERSON: They're not affected one way or the other by this. MR. SCHIFFER: Okay. CHAIRMAN STRAIN: Bruce, how did -- how large is the Wal-Mart site? THE WITNESS: I believe it's around 220,000, 221. CHAIRMAN STRAIN: Do you know how many acres it is? Have they taken up all of Parcel A? MR. ANDERSON: Parcel what? CHAIRMAN STRAIN: Zone A, I'm sorry, you guys call them zones. MR. ADELSTEIN: Yeah. MR. ANDERSON: I'm told that they do not occupy all of that area of Zone A. There's some land that they do not own. CHAIRMAN STRAIN: Okay. Are they going to - are you going to be planning more commercial on the land that they don't occupy in Zone A? MR. ANDERSON: Yes, I believe so. CHAIRMAN STRAIN: The original POO, and I'm not-- I'm just -- I don't know -- this isn't a fault, I'm just wondering if it was reviewed. The original POO has a Page 4 . ~ t 6J"~t_1~ maximum commercial of25 -- 24,25 acres, yet I notice Zone A is -- where the WJMart already exists is over 30 acres, and I'm just wondering if that's a -- how that got approved. I imagine it went through an administrative change, but I just want to verify that. MR. ANDERSON: Oh, Zone A is proposed. CHAIRMAN STRAIN: Is 30? MR. ANDERSON: Right. CHAIRMAN STRAIN: Okay. That's what I was getting at. MR. ANDERSON: Under the existing -- the printing is so small, I can't read. CHAIRMAN STRAIN: That happens. MR. ANDERSON: Twenty --looks like 24.2 acres. CHAIRMAN STRAIN: That's correct. So the new Zone A is larger than the existing Zone A, but the Wal-Mart doesn't take up any more than the existing Zone A. Is that correct? MR. ANDERSON: Correct. CHAIRMAN STRAIN: Okay. That answers my question. MR. ANDERSON: Okay. Thank you. CHAIRMAN STRAIN: I have quite a few transportation questions, but I'm going to wait for Don Scott to see ifhe can wiggle his way through them before I bother your applicant. MR. ANDERSON: Thank you very much. CHAIRMAN STRAIN: Thank you. Is there any other questions from the Planning Commission of the applicant at this time? If not, can we hear from staff? MS. VALERA: Good morning. Carolina Valera, Principal Planner with Zoning and Land Development and Review. Staffhas reviewed this petition and has found that is it consistent with the growth management plan. Transportation also has reviewed this and has found that it is consistent and have not added any new language to the original PUD. Our environmental staff has also not added any new language to the original PUD. So in sum, staffis recommending approval of this amendment as it is sent to you and as noted in the staff report. CHAIRMAN STRAIN: Short and beautiful. Thank you. I do have a question for you, Carolina. In the rezone findings under Question 5, there's a statement there, and I'm assuming staffput these together. It's the second set. It says, the amendment is not necessary per se, but it does seem appropriate. I'm just wondering what was meant by that. If we don't need an amendment, what are we doing here? MS. VALERA: Yes. It is not necessary, but as it is proposed, it's not making the original PUD any more inconsistent. CHAIRMAN STRAIN: I think it's odd that an applicant would come forward to go through a long system, process, especially the cost of it, if it's not necessary, and I guess maybe I'll ask Mr. Anderson, then, why he chose to go this route. I was surprised at the language, and then, before we have you leave, though, Question 13, I think Mr. Anderson - the property is currently used in compliance with the existing zoning, and my question there was the size of the Wal-Mart, which I believe he's already resolved. Then under the fmdings, I had the same question ofWal-Mart. So those are the only things I had from the staff report, so I do thank you. Maybe Mr. Anderson asked me -- decided -- I mean, I'm just curious, Bruce, I think it's nice you're volunteering to come through this torture chamber, but I was wondering why you chose to do so? Page 5 " t 6. tI 1-' (\ 1 t4II.~ r July~, ~05 ~ MR. ANDERSON: I'm not certain that that statement that the PUD amendment is not necessary is made by the applicant. CHAIRMAN STRAIN: Well, I realize it wasn't, but I'm just wondering, if that was -- I know you know the law pretty well. I think you're probably one of the most well-versed in our land codes, and I'm just wondering if that -- how do you see that? Do you feel this is a needed amendment to this PUD in regards to the public process? MR. ANDERSON: No, I don't. It is necessary because of the change in the market, and frankly, I counsel all of my clients to try to avoid having to go through a public hearing if they at all possibly can. CHAIRMAN STRAIN: While I have you, there's a couple of items in your Zone A, and I think they're in Zone B or C as well, that I want to question. At least they're in Zone A. You have food stores in there, Group 5411 to 5499 . Would you consider dropping that from your list? MR. ANDERSON: I don't believe so. CHAIRMAN STRAIN: Okay. You also have eating and drinking places, Groups 5812 to 5813. Would you consider dropping those from your list? MR. ANDERSON: I don't believe so. CHAIRMAN STRAIN: Okay, because that will end up being part of my question for transportation, so I wanted to make sure that you still wanted those before I asked transportation. Thank you. MR. ABERNATHY: I have a question for Bruce. CHAIRMAN STRAIN: Go ahead. MR. ABERNATHY: Bruce, I know I hit you at the last minute with this, but I would say the statement that you provided as to the fmancial interests -- MR. ANDERSON: Yes, sir? MR. ABERNATHY: -- is minimally sufficient. I mean, I don't know who the descendants of Nathan Benderson are. They could be a bunch of rogues, as far as I know. It could be people who we might have conflicts with. Are their names not available? MR. ANDERSON: I don't think it's a closed list, meaning there could be more lineal descendents created, if you know what I mean. MR. ABERNATHY: That's not a defense for not providing the ones that are known. MR. ANDERSON: Yeah. This was all the information I was provided yesterday after you so kindly pointed out that deficiency. MR. ABERNATHY: Well, I -- this is becoming somewhat like the six foot side yard setbacks with me. We've got this provision in the forms, the application, and I have needled staff about it in the past, but there's a Japanese expression about driving nails into sawdust, and it doesn't seem to take. So I hope ifI bring it up often enough that the planners will see to it that those blanks in the application are properly and fully filled out or else leave them out. I mean, I think we need it for conflicts and other reasons, but nobody's doing it, so -- MR. ANDERSON: Well, I do always try. I'm sorry we're deficient. MR. ABERNATHY: See if you can get the names of the people you have between now and the BCC hearing. MR. ANDERSON: I will. MR. SCHIFFER: And, Mark, let me ask -- CHAIRMAN STRAIN: Go ahead. MR. SCHIFFER: While on that point, let me ask legal staff, Margie or Pat, is that true, what Mr. Anderson said, that only those people, owners of the property that are affected by this have to be Page 6 1 6~Jl~lr2@51 .. disclosed? .. For example, in the PUD, Wal-Mart is noted as an owner, yet in the disclosure of interest, they're not put down. Is that proper, or -- MS. STUDENT-STIRLING: We always like to have full disclosure of all the property owners, or if there's a contract purchaser and -- just for the reasons that were stated by Mr. Abernathy. MR. SCHIFFER: No, he's not talking about the same thing, Marjorie. He's talking about apart from the disclosure. We know that Wal-Mart is an owner, but should they not have been a party to this action that we're undertaking today, since they're a principal owner of land within the PUD? In other words, Mr. Anderson has said it doesn't affect them, but that's a gratuitous, self-serving determination on his part that mayor may not be correct. I think it's correct in this instance, but how do we know that? MS. STUDENT-STIRLING: We have had situations in other PUDs. For example, Pelican Bay comes to mind, where only the land owner that was affected by the change applied for the change, and that has been -- we have considered that to be okay because in many circumstances, you cannot get all the property owners to come in, once these parcels have been sold off and cannot get all the property owners to come in and get them on the same page to amend the PUD. So we've taken the position in the past, as long as it affects only that particular area that's being amended, it's okay. MR. ABERNATHY: Well, the devil is in the details because in Pelican Bay, the very one you cite, you had an owner up there in the north end who thought they were taking units away from him, and he wasn't a party, but he made himself available. MS. STUDENT-STIRLING: Yes, they came in-- MR. BELLOWS: For the record, Ray Bellows. Can I explain a little bit more? The land development code only requires unified ownership at the time of rezoning. MS. STUDENT-STIRLING: Right. MR. BELLOWS: In amendments, it's not required. In the case of Pelican Bay and any other amendment, the county sends out letters notifying of pending zoning action amendments to the PUDs. So they are made aware so they can participate with the county staff in expressing their concerns and comments during the time the staff reviews these petitions. MR. ABERNATHY: Wal-Mart was notified in this case? MR. BELLOWS: They get a letter from the county saying there is a zoning action occurring within this PUD. MR. ABERNATHY: They get or they got? MR. BELLOWS: I'll have to check. I'm not the planner on this, but I -- they're -- our policy is that they would be sent a letter. MR. ABERNATHY: Okay. CHAIRMAN STRAIN: Are there any other questions of staff or the applicant on this? MR. SCHIFFER: I have a question for staff. CHAIRMAN STRAIN: Yes, sir. MR. SCHIFFER: Carolina? MR. SCHMITT: Let me add to the record, also. There's also the posting of the signs and the advertisements, so the residents or the other properties that may be impacted certainly are - every attempt is made to dually note -- to dually at least inform them. In the case of Pelican Bay, certainly the impacted property owner did engage because they felt they were impacted. MR. ABERNATHY: I was just elaborating on Brad's question. Page 7 I" i' 1 Lr ft t- " 1 " 0' }ul~l, 2M>5 MR. SCHIFFER: Yeah. Carolina, question. Architectural standards, since they're silent in the PUD, they would follow what's in the LDC, then. Correct? MS. VALERA: Not only what's in the LDC, but also they're subject to the requirements of the activity center number nine, which has specific architectural requirements, as the ones you see that were done in the existing Wal-Mart. MR. SCHIFFER: Okay, and then the height requirements, which is 3.5D, the maximum height of 35 feet, that's the zoned height that we now have a definition for. Correct? And then the other one, 50 feet, is the actual height, which we have a definition for? MS. VALERA: In the original PUD? MR. SCHIFFER: In the PUD we have here. It would be the original. It wasn't crossed out. MS. VALERA: Yes. MR. SCHIFFER: Okay. Thank you. CHAIRMAN STRAIN: Any questions of staff? If not, I would like to talk to Mr. Scott. MR. SCOTT: Good morning. Don Scott, Transportation Planning. CHAIRMAN STRAIN: Good morning. I didn't want your day to be wasted sitting back there not having anything to answer, so-- MR. SCOTT: I should have brought more help in case I need some help with the analysis. CHAIRMAN STRAIN: You may by the time this part -- you may. MR. SCOTT: I might. CHAIRMAN STRAIN: The meeting notes, the preapp meeting notes, let's start with those. There was a comment in those meeting notes that said, we'll check the amount of approved commercial for activity center number nine. Is that something that you would have done in your department, or is that Carolina's department? MR. SCOTT: I think they probably would have done it in Carolina's department. CHAIRMAN STRAIN: Okay. Well, rn come back to her, then. The TIS that was supplied with this project in I think '94, I have a copy of it. The values used to calculate the trips in that time period were different than those used today. I imagine because the ITE manual probably upgraded the trip count? MR. SCOTT: It's changed, yes. CHAIRMAN STRAIN: When you go back to that earlier one, and you use their trip counts and then put today's changes based on those earlier trip counts -- or vice versa, increase the early ones to today's ITE standards -- you come up with a little different resulting net decrease in traffic. It's not quite as great as is stated on this. They took one that was less, divide the one that was more, and came back with a larger number, but if you put apples to apples, there still is a net decrease in traffic on the road, but that's only under an assumption that you're using shopping center 820 ITE standards to calculate your trips, and it has been the philosophy, from my understanding of this, that they're supposed to use the worst case scenario. I don't see much of a shopping center going on that site. There's a Wal-Mart there, which is a big box, and it's got a lot of stuff in it, but as far as room for another shopping center, I think you're going to end up seeing more standalone buildings of a nature that may not necessarily carry the shopping center connotation. The reason I asked Mr. Anderson about the two groups of items that he was -- in his listing here is that if you go to a food store classification, an ITE, it's multiple times higher than the classification used to calculate the trips by conversion of industrial to commercial in today's application, and if you go to the eating and drinking places for fast food or quality restaurants, those are higher, too. Now, it's always been your department's policy from what you told us, I believe, that they're suppose to use the worst case scenario. MR. SCOTT: Right. Page 8 I 6 )Jytl~O~ 1 CHAIRMAN STRAIN: Well, that's not what's been used in this case, and ~ not using it, they're showing a net decrease by increasing the retail/commercial, when in actuality, ifthcl were to use something like a supermarket with a multiple much higher than a shopping center, you might see an increase in the trip count. MR. SCOTT: And if it's something different, say there's more standalone restaurants or whatever that comes in later on, that's the analysis we're going to have to do at the time, and after the '94, we actually 2002 and a 2003 traffic report. It was done previously, also. CHAIRMAN STRAIN: And what is -- I'm used to you telling us or the applicants or documents saying that they're using the worst case scenario. In fact, we have the Clesen PUD. MR. SCOTT: Yes. CHAIRMAN STRAIN: And they even stated they were using the worst -- what they thought was the worst case scenario, and that was how I believed you guys looked at it. Well, why is not this one being required to adhere to the same policy in their analysis that's being presented today because superficially, this thing looks like if you do a shopping center, it's going to have less counts than the traffic, and had I not asked this question, the assumption might have been no matter what happens there, it's going to have less traffic, but that's not really the case. MR. SCOTT: Well, and the way we're going to look at it is, they are vested from what they prepaid in impact fees, for a certain amount of trips. CHAIRMAN STRAIN: It wasn't for all they're asking for today. I've seen that document. MR. SCOTT: If it's more than what was the assumption for trips previously, then they're going to be subject to whatever concurrency requirements are available -- are there at the time above what they do. CHAIRMAN STRAIN: Okay, but that comes after the fact. I'm more concerned about the perception provided today in order to garner the votes needed to move this forward. This board's been presented today with a document that says the net result of this change will be a decrease in trips. Well, the only way that can happen as far as this board's prospective is to eliminate any uses that would have a higher use on trips than a shopping center 820 classification, and the applicant said they're not willing to do that. So from a point on how we have to make our decision to vote on something in a realistic world, we're not being presented with what here today. We're being presented with what the applicant wanted to use, which was 820. How do we -- I mean, how do we address that in front of -- this is going to go from here to the BCC, and the BCC is going to see the same thing, that this change is going to result in a net decrease in trips, when you're just telling now it may not, but you'll address that later. Well, I think the vote today ought to be based on what could be and what has always been presented to us as the worst case scenario, and I don't see that happening here today. Is that a -- I mean -- MR. SCOTT: Yeah, and I don't know if it's going to change in the future and they come in with something different. I mean, obviously when you sit there and you talk about a certain development that's going to go in there, and we do an analysis based on what they're telling us at the time, something can change in the future, too, and that's why we -- I mean, that's we're keeping up with whatever happens, but you're right, your chance is right now. CHAIRMAN STRAIN: Ifit changed in the future to a use that was above the worst case scenario ofthe uses here, we looked at the worst one today, and they came up with a new use that was different than ones here, and it was a more worst case scenario, they'd have to come in for a PUD change. MR. SCOTT: Right. CHAIRMAN STRAIN: So we'd still be aware of it. I'm just concerned more today that this idea Page 9 ----or 1 6{ I tf C 1 .., ~. July 21,2005 . that they're getting a decrease is somewhat misleading in the sense it's not going to happen unless they happen to pick the shopping center, or they eliminate the uses on here that are higher in intensity in the ITE manual than the shopping center is, and I just want to be on note to you that I had always relied on transportation to review this stuff in a manner that it was presenting the worst case scenario, as many times we've been led to believe, and I'm not sure what that means for today's hearing, but I do think that we're not necessarily looking at a decrease in traffic unless some eliminations are made in the PUD. MR. SCOTT: Well, and I can't speak for the applicant, but the size might be different when it actually comes in with site plan, too, you know, and that might be a difference in the trips in the future, too, but I know where you're going. CHAIRMAN STRAIN: Okay. Well, with that, I guess let me see if! have any other questions of transportation. One comment was, internal access points have been conceptually shown to better represent those proposed in the current submitted and approved site development plan submittals. You all don't really care too much where the internal access points are? Is that an issue? Are those roads now public roads that go through there? MR. SCOTT: The one that goes by Wal-Mart is a public road, and we care ifit affects essentially the public road, and we care about operational issues that might come up, too. CHAIRMAN STRAIN: Well, does the PUD have enough language in it from your review to make sure you have the ability -- MR. SCOTT: We've had a lot of discussions with the applicant, also with FDOT, because one of them is a state road, too -- CHAIRMAN STRAIN: Okay. MR. SCOTT: -- and the impacts on that. CHAIRMAN STRAIN: Are there any other questions of Mr. Scott? Mr. Murray? MR. MURRAY: Yeah, just following up on that other issue, you have a mechanism in place, is what you're saying, that you look at it at the time it's pertinent, and then some kind of mitigation has to occur, if they want to achieve their purpose. Does that mean that you can introduce changes in the road structure, right-ins, right-outs, whatever, any number of variations, and I guess the concern - I have the same concern, that we're trying to plan-- help to plan for the future to -- for the buildout, as it were, and we're concerned not about you, certainly, and your organization, but just that we don't have little slips in accommodations and so forth. So please tell me what kind of -- what kind of mitigations can be effected that would give them something that they need and yet preserve the intent of the PUD's limitations. MR. SCOTT: Well, even through the process, you know, one of the discussions was whether they have to do a TIS because they were vested. We discussed having to do a TIS based on just even looking at operational improvements and things that you're talking about. Are the turn lanes long enough, things like that. What it's based on is the higher level, previously, not what they're reducing to now. Now, obviously, if you change those uses substantially or whatever, it changes those. Those things are what we look at as they come forward, is the -- you know, is your turn lane -- it might even be distribution. It might be some type of use that trips come from a different direction, and you need to look at those types of issues, and that's what you do all the way through the site plan process because you more definitively know what you're building. MR. MURRAY: And the mechanism that you have is one that -- at the moment in time, and if you were to have come or if they were -- the petitioner would have come with the petition modified to reflect Page 10 t 6:. 11r,.. 1 ~ . July 21, ~ofJ the newer, higher use potentials that exist in the new codes or the new forms, would there be any - in fact, . there would be any difference in the way the outcome would be at the time when they would decide what they want to build? Would there be, in fact -- in other words, <I would our proactive approach to minimizing or qualifying the information ultimately be any different than your action in mechanism to make that work or not work? In other words, you're the final arbitrator of whether or not those things will be possible. Am I making myself clear, I hope? MR. SCOTT: Well-- MR. MURRAY: I can try a little bit more. I realize it's complex. MR. SCOTT: Well, I guess -- I mean, if it's a use that's different, then they're going to have to come back to you. I mean, it's above and beyond or whatever, but we have control on certain -- the site plan, we have control of either approving or denying, if we don't believe that it's being mitigated for. So I think that kind of gets to where you're going. MR. MURRAY: That's really where I guess I'm going because we don't ever get to see the site development plan. MR. SCOTT: That's right. MR. MURRAY: And so once it's in your hands, it's a matter of the mechanism. MR. SCOTT: Right. MR. MURRAY: Okay. Thank you. CHAIRMAN STRAIN: Mr. Adelstein? MR. ADELSTEIN: I have in my hand the COA that they received. Does that mean that they will have all the access they need on Davis Boulevard because they paid for it now -- paid for it before? MR. SCOTT: The capacity is set aside for them based on the COA. Accesswise, no. I mean, that's -- actually Davis is controlled by FDOT. MR. ADELSTEIN: Okay. Then the situation we've got here now is, Davis is a failed road. MR. SCOTT: Correct. MR. ADELSTEIN: We're sitting in a situation that as far as I can see, there will be nothing-- six -laning Davis Road until 2011. MR. SCOTT: Start in nine, finish in 11. That's about right. MR. ADELSTEIN: Right. Okay. Now, if it's that far back in 11, how are we going to -- of course we still checkbook concurrency. How are we going to put any more cars on that road at this time? MR. SCOTT: Well, it's the -- Davis and 951 to the north is part of the TCMA, so it's looking at the average trips over the whole system. Beyond that, based on the fact that they were -- they vested back in 2002 -- MR. ADELSTEIN: They vested something that was valid at that time. First of all, checkbook concurrency wasn't there. MR. SCOTT: Right. It was just prior to the rule. MR. ADELSTEIN: Second of all, we've got a situation now where, at that time there was the opportunity to put more vehicles on that road. It had not failed. Now, we've got two edges here. We've got them saying they have a right to go add traffic onto Davis, and we've got Davis saying, no, it isn't even capable to add a car, let alone any volume of cars on that road, and we're not going to get it fixed until 2011. Now, I can't find any way to make this any clearer, but if checkbook concurrency is the way we're going to go and are going now, there is absolutely no way to put any additional traffic on Davis Road-- Davis Boulevard. MR. SCOTT: All I can say from our aspect of it, I can't -- you know, based on them having a Page 11 I 6 ~, I' C 1 ""~ July 21, 2005 certificate, I can't deny them access -- you know, to add those trips to the system that we've already included within it. MR. ADELSTEIN: How can you add them, then? If you have checkbook concurrency, how are you able to add any more traffic on that road? I understand that there is a problem here, that there has been a hole in the game, but the truth of the matter is, there is no access available on Davis Boulevard. The fact that they have this gives them a litigation problem or gives them a lot of other aspects, but it doesn't tell them they can use more traffic on the road. MR. SCOTT: Their trips are within the checkbook concurrency side, but what you're pointing to is the actual, say, operation of Davis Boulevard right now, which is -- obviously they're not on that right now. MR. ADELSTEIN: I understand. So what happens? MR. SCOTT: I don't have any control from that. I mean, I know what I have from projects to widen 951 starting next year. That will at least help improve the intersection. I don't know what their timing is, but, you know, I have the improvements moving forward. MR. ADELSTEIN: But what we both realize that no matter what we do at this juncture in time, there is no way to get all of these cars that are needed onto this road under the circumstances of which Davis Boulevard is operating on now. MR. SCOTT: It will fail for a while, yes. MR. ADELSTEIN: It will fail for a long while because it's not going to end up until 2011. MR. SCOTT: Well, I'm hoping 951 helps some of the intersection there at Davis, but -- MR. ADELSTEIN: I hope so, too. MR. SCOTT: Previous to that. MR. ADELSTEIN: But you can't build on hope. CHAIRMAN STRAIN: Any further -- MR. SCHIFFER: The same point on -- looking at the certificate that he has, it's less square footage than they're asking for, so would they have difficulty rising above that? MR. SCOTT: The commercial industrial is 411,000 square feet. MR. SCHIFFER: Right, and this application has 460 or something. MR. WHITE: Assistant County Attorney, Patrick White. I think it's accurate to say that the intensity that has capacity allocated is that which is the number on the COA. The use may exist out there at a greater intensity, but all that they can build without getting, again, through concurrency management review, is what's on the existing COA. MR. SCOTT: It's the trips that equate to that. MR. SCHIFFER: Well, but it has like a square footage. What would it be, then? MR. SCOTT: That's -- the way we would -- we have within the system already because it was vested, we have trips that are allotted towards that, and that's what we'd go back to to see, this is what you're asking for, how does it compare to what we allotted, and it's based on -- the original allotment was based on commercial/industrial at that level. MR. SCHIFFER: All right. CHAIRMAN STRAIN: Anything else, Brad? MR. SCHIFFER: No, thank you. CHAIRMAN STRAIN: Anything else from anyone? Okay. Thank you, Don. The other two gentlemen standing there, did you have something that you want to contribute to this discussion, or did you just -- MR. ANDERSON: Yes, Mr. Chairman. CHAIRMAN STRAIN: You weren't standing, but go ahead, Bruce. Page 12 t 6 , t'~lno15....- MR. ANDERSON: Rick Reiff, the Transportation Consultant, would like to try to address your questions, as well as those raised by Mr. Adelstein. CHAIRMAN STRAIN: I forget names a lot, too, Bruce. MR. ANDERSON: Thank you. MS. CARON: Bruce, before you go, what is the timing for this project? MR. ANDERSON: Well, there are some STPs that have been already approved for some of the lots in here, and it's imminent. MR. REIFF: Good morning. My name is Rick Reiffwith Kimley-Hom & Associates. rm working on transportation for this project. I wanted to address some of the comments on the land use code 820, Commissioner Strain. We use land use code 820 as shopping center because I believe in ITE, it has the most data points. There's over 400 studies that would have been done by ITE, and it is a good indicator of general development. We don't have specific lands uses say like we have for here. I just happen to have a description of what land use 820 includes in those studies. CHAIRMAN STRAIN: That was in your original PUD -- your original TIS had the same similar document in it. That's where I read it. MR. RIEFF: Correct. This is just documentation from the ITE trip generation manual, and we certainly use the most recent edition ofITE for our studies. I apologize it's so small. CHAIRMAN STRAIN: You need to somehow use the microphone, if you can. There's one behind you, a portable. MR. REIFF: I apologize again it's so small, but if you look at some of the land uses that are included in land use 820, some of these centers contain nonmerchandising facilities such as office buildings, movie theaters, restaurants, post office, banks, et cetera. So as a general planning tool, 820 is generally accepted, you know, throughout the nation for, you know, determining the trip generation potential of a development. As Don and Ellen have certainly made clear to us, when we come in for site plan approval, our specific land uses, if it is a restaurant or if it's specialty retail, land use goes to 814, which generates less trips, typically, than 820, will have to be below what is originally approved in the PUD. CHAIRMAN STRAIN: I think you've missed the point of what my discussion was. It was simply -- and I don't know how to refer to it other than in like truth in lending. Now, this is truth in traffic counts, if there's such a thing. Shopping center 820 has a certain caliber of trips generated by it by a standard that you used. The county had a policy, at least I understood it to be told to -- as told to us, that they were all using the worst case scenario. My comment was simply that a supermarket, for example, is at least twice the trip rates generated by a shopping center. A convenience store is almost eight times the trip rates of a shopping center, and fast food, either drive-through or non drive-through, are anywhere from six to eight times the amount of a shopping center, and the shopping center that you just put here doesn't include any of those conditions, any of those suggestions as far as there's no supermarket, convenience store, or fast food restaurants listed in that additional data clause of the shopping center 820 in the ITE. So therefore, you're not taking those into consideration, and those will have an impact that I believe if the calculations were done and presented to us in a manner today more revealing, let's say, that would show a trip count to exceed what was already expected. That's where rm coming from. MR. REIFF: No, I understand, and, you know, there are also potential land uses that generate less than land use code 820. A dry cleaners, you know, I believe a drive-in bank generates less. A speciality Page 13 I 6 JIIJ~~oI .. retail, like I discussed, generates almost as -- half as less as land use code 820, so there's a give and take, and like I said, when we come in for site plan approval, Don and Ellen are going to be very diligent to make sure that our trips do not exceed what is originally approved. CHAIRMAN STRAIN: My concern goes back to the fact it's supposed to be worst case -- at least we've always thought it was supposed to be worst case scenario. What was presented here today in the public's eye is what we're discussing, not what they're going to come in with through a nonpublic process six months from now. MR. RIEFF: Right, and we -- I mean, our client doesn't know exactly what we're going to build, and that's why we have land use code 820 today. CHAIRMAN STRAIN: Well, maybe we can help with that by making some suggestions as the day finishes out. Thank you. Are there any other questions? MR. REIFF: I want to address, we're also -- Benderson Development Company is improving Davis, adding turn lanes and concrete median separators to try and make traffic flow safer throughout that - from Market Street to 951. So we are trying to improve Davis, even though it is in deficient condition and will be for the next few years. CHAIRMAN STRAIN: Isn't there already a concrete median there? MR. REIFF: West of the existing concrete median? CHAIRMAN STRAIN: West of951. MR. RIEFF: Yes. West of that, we're adding another concrete median all the way through Market Street to prohibit conflicting traffic and make it a safer situation for turning vehicles to and from Market Street off of Davis. CHAIRMAN STRAIN: Thank you. Any other questions of this gentleman? MR. SCHIFFER:-+have a quick comment-- CHAIRMAN STRAIN: Mr. Schiffer? MR. SCHIFFER: Oh, let Fred speak. MR. REISCHL: Sorry, Mr. Chairman. Fred Reisch!, Agnoli, Barber & Brundage. To address Commissioner Strain's question from a planning perspective, as you put in different uses, those uses become self limiting. For example, a restaurant could never achieve the same square footage as a retail shopping center because the amount of parking that a restaurant requires would force -- on the same acreage would force a smaller square footage building, so that's something to be taken into consideration, also. CHAIRMAN STRAIN: You believe a drive-through restaurant requires more parking? MR. REISCHL: Not a drive-through, a -- CHAIRMAN STRAIN: Well, that's the ones I'm talking about. MR. REISCHL: -- sit down. CHAIRMAN STRAIN: Those are the ones that were missing on Schedule 820, and the same with a supermarket. I mean, those are pretty intense uses above the shopping center. MR. REISCHL: And both sit-down restaurants and shopping -- and food stores require more. CHAIRMAN STRAIN: Well, I just don't think fast food restaurants get very many more. Thank you. Any other questions? MR. SCHIFFER: I have a question for Bruce, and Bruce, the concern I have is that in the prior PUD, there was really a nice light industrial area which we're reducing down to 25 percent of its original size, and I think that's a needed commodity in the community, to have industrial areas like that. Page 14 Ili'J1-Cl- July 21, 2005 I'm not sure -- in other words, convince me why it's good to swap out the industrial for the commercial. MR. ANDERSON: Because there's already adequate industrial space that has not been used in the other quadrant of this activity center where the city gave -- Commerce Park and the White Lake Industrial Park, presently exist and are under development. MR. SCHIFFER: And they're not building up the -- it's not successful, or what is happening? MR. ANDERSON: Well, I don't want to comment on their marketing strategies. I just point out that there is adequate -- there is other unbuilt industrial in this activity center quadrant. That's all. MR. SCHIFFER: And the staff agrees with that? MS. VALERA: At the neighborhood information meeting, the residents, the surrounding residents, were concerned actually about more industrial, so they were happy to hear that it will be less because of noise and trucks, et cetera. MR. SCHIFFER: All right. Thank you. CHAIRMAN STRAIN: If there's no further questions of the applicant or the county staff, I'd like to ask for -- any public speakers, Ray? MR. BELLOWS: No registered speakers. CHAIRMAN STRAIN: I have one question of Mr. Anderson. It's going to be a simple one, Bruce, I hope. You realize you are not being granted any concurrency determinations or rights, even if this project is approved by us and at the BCC, and that you will have to fully meet all concurrency requirements before you can build the project? MR. ANDERSON: To the extent that we have not already met them, yes. CHAIRMAN STRAIN: Thank you. Anything else, gentlemen? Ifnot, I'll close the public hearing. Gentlemen, is there a motion on this particular project? Don't be shy. MR. ADELSTEIN: I move that AR-6092 be forwarded to the Board of County Commissioners with a recommendation of approval, subject to staff recommendations. CHAIRMAN STRAIN: Is there a second? MR. ABERNATHY: Second. CHAIRMAN STRAIN: Okay. Now, for discussion. Gentlemen, any discussion? And ladies, I'm sorry. MR. MURRAY: I'm anticipating some stipulations. CHAIRMAN STRAIN: Oh, I have one. My stipulation to that motion would simply be that the applicant has come forward today with three land uses that he based his trip counts on, in order to show a positive impact on the trips, and I applaud them for that because this is good. Ifwe can reduce trips, that's what we should be doing in this county, but if we can -- we need to be assured that in the public process, we follow through with that. So my stipulation would be that none of the uses in their PUD could go forward without further public review process, unless they are -- for those that are above shopping center code 820, business park 770, and hotel 310, for the appropriate areas of the project that those sections are on. MR. MURRAY: I have a question. You included hotel in there. I thought accommodations was removed. CHAIRMAN STRAIN: Oh, you're right, that was out. They just have it in their TIS, so it would be - in the industrial section, they use business park 770 for the trip counts, and what this means is, if there's a use in that industrial park that exceeds the trip counts generated by 770, then this approval wouldn't apply, and the same would -- it's the same scenario I'd suggest for shopping center 820. If they go in with supermarkets instead of a shopping center, and they're double or more, which a Page 15 t 6u1f2'lJIOC 1 supermarket is, the ITE rate, then approval wouldn't apply. They have to look at uses that meet or lessen the trip intense that they show here today. MR. ADELSTEIN: Mark, what kind of public hearing do you envision? CHAIRMAN STRAIN: Well, they wouldn't have approval on the use. They'd have to come back to the PUD process, I would assume, unless Ray Bellows or somebody can shed a light on how you would do a - it would be like an insubstantial change, or I don't know. MR. BELLOWS: I think what you're talking about is an amendment to the PUD. MS. STUDENT-STIRLING: Yeah. I think it would be an amendment to the PUD. CHAIRMAN STRAIN: Well, whatever it takes. They suggested the uses. I'm saying that's fine. If they're going to do those uses, it's a good thing. It's a good thing for the community, and I'm glad they're doing it, but at the same time, I don't want to see it come back in with supermarkets and things that make the trip rates actually go up because of what we did here today, so that's my -- that's the only comment I would have on the motion. MR. SCHIFFER: Let me ask a question, Mark. Like Wal-Mart, for example, would have a supermarket in it. Is that affected by this? CHAIRMAN STRAIN: I would have to look at the -- if it can fit into an ITE category that has a shopping center of 820 or lower, no, it wouldn't fit into it, but if it's a standalone supermarket, that's what it is. The ITE for a supermarket is higher than that for a shopping center, according to what my records show, and if I'm wrong, someone come up and tell me. MS. CARON: Wal-Mart's supermarket is already in there. I mean, it's up and running. CHAIRMAN STRAIN: So they may not need a supermarket. MS. CARON: Exactly. CHAIRMAN STRAIN: None of these -- there's only four or so that really affect them; supermarkets, convenience stores, and fast food, and if they don't do any of those, this is going to be a nomssue. MS. CARON: Fast food is the -- MR. MURRAY: I agree with you -- I would agree with you because while it's not likely that Super Wal-Mart would cease its supermarket operations, it's possible, and another supermarket could be placed in there. So I think you're working to protect, and I agree with that. CHAIRMAN STRAIN: Okay. Are there any other comments from the commission? MR. SCHIFFER: And your point, Mark, is that since they did the traffic analysis excluding those things, why should we include them? I agree with that. CHAIRMAN STRAIN: Okay. Well, there's been -- will the motion maker accept the amendment to the motion? MR. ADELSTEIN: Absolutely. CHAIRMAN STRAIN: Will the second accept it? MR. ABERNATHY: No. No, I won't. CHAIRMAN STRAIN: What does that mean, County Attorney? Then it doesn't get -- the motion stands as it was made without the amendment? MR. ABERNATHY: Someone else-- MR. SCHIFFER: Yeah. I'll second with the - with the -- CHAIRMAN STRAIN: The original motion with the amendment that I suggested-- MS. STUDENT-STIRLING: I think you need to withdraw the original motion and make it again, and then have a different second. CHAIRMAN STRAIN: Okay. Mr. Adelstein, do you withdraw your motion? MR. ADELSTEIN: I will withdraw my motion. Page 16 CHAIRMAN STRAIN: Okay. MR. ADELSTEIN: And I would make a new motion, which will state exactly the same thing. move that AR -6092 be forwarded to the Board of County Commissioners with a recommendation of approval, subject to staff recommendations and the recommendations of this board. CHAIRMAN STRAIN: Second? MR. MURRAY: I would second that. CHAIRMAN STRAIN: The recommendation of this board being the one that I stated earlier? The stipulations, the stipulations for the ITE? MR. MURRAY: I would second that. CHAIRMAN STRAIN: Any further discussion? All those in favor say aye. Anybody opposed? MR. ABERNATHY: Aye. CHAIRMAN STRAIN: Motion passes six to one. MR. ADELSTEIN: I would appreciate it if you would put yours back in this new motion. CHAIRMAN STRAIN: The motion maker has requested that I restate my amendment or my conditions to the motion, and that simply was that this project is approved subject to not exceeding any of the trip generation rates proposed for those sections ofthe project as presented in the information provided to us today for those areas. Namely, shopping center group 820 for the commercial/retail, and then for the industrial, it was business park 770. MR. ADELSTEIN: Now, could you call the vote again, please? CHAIRMAN STRAIN: You want to call the vote again? MR. ADELSTEIN: Yes. CHAIRMAN STRAIN: Okay. One more time on the vote. All those in favor? All those opposed? MR. ABERNATHY: Aye. CHAIRMAN STRAIN: Same results. Thank you. Okay. The next item for today's agenda is petition PUDZ-2004-AR-663I. Norman Taylor represented by Kelly Smith, it's the Big Bear Plaza in the northeast corner of Golden Gate Boulevard and Everglades Boulevard. All those wishing to testify in this particular matter, please rise and raise your right hand. WHEREUPON: ALL POTENTIAL WITNESSES, having been first duly sworn, upon their oath, testified as follows: CHAIRMAN STRAIN: Mike, I know you're anxious, but I'd like to start with the applicant, if that's okay. MR. DERUNTZ: Sorry. CHAIRMAN STRAIN: You're used to the old days. All disclosures? I've had numerous communications with members of the Golden Gate Civic Association and Ms. Smith herself via e-mail. Most of the topics were reviews that the Estates Association wanted to have in regards to this, which the applicant and the Estates Association did have. MR. MURRAY: I don't know if it counts, but I drove by the property. CHAIRMAN STRAIN: Okay. Ms. Smith, thank you. MS. SMITH: Thank you. Good morning, my name is Kelly Smith, I'm with Davidson Engineering, and I'm here this morning representing the applicants in a request to rezone property from estates to commercial PUD. The property is located at the northeast corner of Golden Gate Boulevard and Everglades Boulevard, and is approximately five and a half acres in size. 1 61lul " ~ol ... ~ ';! I · Page 1 7 "'~~ t <<>JUlt ftoJ ... The subject property is within the neighborhood center designation of the Golden Gate area master plan and the future land use element. The proposed PUD is compliant with all of the specific requirements ofthe Golden Gate area master plan for neighborhood centers. The proposed uses within the PUD are consistent with CI, C2, and C3 uses with specific restrictions and a list of prohibited uses, again, compliant with the Golden Gate area master plan requirements. The master plan proposes also a 75-foot landscape buffer and a preserve area adjacent to the- adjacent to the neighboring properties, and also a 25-foot buffer adjacent to the both right of ways. The PUD document is also compliant with the Golden Gate master plan specific architectural requirements, and as well the well field protection criteria. You'll note two lines or radiuses on the master plan. Those are 500- foot radiuses from existing well sites on both city -- City of Naples municipal well sites, and one of the potential uses within this PUD document is a gas station. That language -- there's language in there that requires that any gas station or any use of revolving storage of hazardous materials or gasoline, oil, must comply with the well field protection criteria. One of those criteria is that you have to be 500 feet away from an existing well site. MR. MURRAY: Kelly, would you just tell me again that radius or that semicircle or circle that you have there? MS. SMITH: Five-hundred feet. MR. MURRAY: That's a circle of 500 feet, and you say that's within the well field or not within the well field, which? MS. SMITH: That is an area subject to the well field protection plan. MR. MURRAY: Okay. That's what I thought. MS. SMITH: So you'll see there's a very small portion of the property that is not subject to that locational criteria. MR. MURRAY: Okay. Now it's clear for me. Thank you. MR. ABERNATHY: That's where the gas station is going? MS. SMITH: The only location that we could put a gas station or that my client could put a gas station at this point is the area outside of that semicircle. It's very small. It may, in all honesty, not be large enough for a gas station, but the document was written so that should that existing well be relocated in the future, or should there be a way to be in compliance with the land development code, the developer could build that gas station subject to those criteria, without having to come back through the public hearing process. MR. ABERNATHY: So there is no imminent plan for a gas station at all? MS. SMITH: They would like very much to put in a gas station, but because of the locational criteria, it's very limiting, and we're not certain at this time that a gas station is actually going to be feasible. MR. ABERNATHY: It would be awfully inconvenient back up there in the northeast comer, wouldn't it? MS. SMITH: Yes, it would. It's also very -- again, very small in size. It makes it very difficult to layout that type of facility. MR. ADELSTEIN: The neighborhood center subdistrict, is there any criteria stating the minimum amount of acreage or the maximum amount of acreage in that particular subdistrict? MS. SMITH: I don't believe in the subdistrict itself. I know that in conversation, when the Golden Gate area master plan considered the locational requirements for the neighborhood center, they looked at the five-acre parcels, and so that was the reason for the designation of the particular intersections and the four quadrants within this particular intersection as the neighborhood center. Page 18 I I ~ ' 1. 6 ,r ".. t' I' 1 ",uly 21 ~od; ,'" ....';. MR. ADELSTEIN: So there is actually no requirement for, let's say, over five acres or under-- over ten acres, whatever -- MS. SMITH: No. The designation is property-specific. So it's this -- it's the four comers of this intersection are considered neighborhood center. MR. ADELSTEIN: Thank you. CHAIRMAN STRAIN: Did I hear you say that if you were to do a gas station, you believe you'd have to come back in for approval on that? MS. SMITH: No, we would not. It's been written as a permitted use, subject to the well field protection criteria. CHAIRMAN STRAIN: But it has been. I just wanted to make sure I got that right. Mr. Vigliotti? MR. VIGLIOTTI: Kelly, did you say that if the existing well in the area is abandoned, then the gas station could go in here? MS. SMITH: If it is abandoned or relocated, and we further met the requirements of the land development code for the well field protection criteria, then, yes, according to the PUD, a gas station could gom. MR. VIGLIOTTI: Without another approval? MS. SMITH: Correct. MR. VIGLIOTTI: Thank you. CHAIRMAN STRAIN: Did you want to continue that or were you finished? MS. SMITH: Yes, please. I'm almost done. CHAIRMAN STRAIN: No, that's fine. I just wanted to make sure we weren't cutting you off. MS. SMITH: We have met with the Golden Gate Estate Civic Association last week, and appreciate your granting a continuance so that my clients and I could do that. At that meeting, there were several items that were brought up, and a revised document has been provided, and I would just like to go over those issues briefly. One ofthe concerns of the civic association was that there are certain uses within the Golden Gate area master plan that they don't feel are consistent with what they want in those areas, and so we have removed a general merchandise category that would allow a dollar-type store to go in. That is no longer a permitted use. MR. MURRAY: That's not in this document here. CHAIRMAN STRAIN: No, I don't think we've gotten that new revised document. I know that-- MS. SMITH: It's the one that -- MR. MURRAY: Oh, is that -- oh, okay. MR. SCHIFFER: But, Kelly, it's highlighted there. Does that mean you're going to cross it out? Item No. 12 is going to be crossed out on Page 3-2? MS. SMITH: I highlighted it just to indicate that that was an area where it has already been removed. CHAIRMAN STRAIN: But in replace of that, you wanted Item 5231 only. Is that correct? MS. SMITH: Correct. Item 12, it originally read, general merchandise stores group 5331 through 5399. In those -- in that broad category, there really are only two use codes, the 5331 and 5399. We've removed 5331, which was a variety store. CHAIRMAN STRAIN: Okay. So you removed it? MS. SMITH: Yes, that has been removed. CHAIRMAN STRAIN: So you're leaving in 5339. Is that what your suggestion is? Page 19 t a ,1t1C"1'" \July~l, 2005 MS. SMITH: Yes. CHAIRMAN STRAIN: Okay. I would concur that the message I received from the estates group was that 5531 (sic) was to be removed. MS. SMITH: Yes. MR. MURRAY: I have a question regarding __ MS. SMITH: Certainly. MR. MURRAY: On Page 3-1 of the commercial areas plan, I'm looking at H, where it talks about bronzing, and okay, I'll pass on that, maybe, but filling pressure containers, and it immediately came to my mind, propane, and I'm just wondering if hazardous materials is -- are we only talking subsurface, or are we talking hazard materials in general? MS. SMITH: It would be hazard materials in general, so there are some uses that are permitted within the Golden Gate area master plan and also within the land development code. CHAIRMAN STRAIN: Those are excepted out. They're ones that are not going to be there. MS. SMITH: Yes. MR. MURRAY: I don't see that in -- CHAIRMAN STRAIN: Right after the last numeric there's the word "except", taking out all that paragraph. MR. MURRAY: My apologies. My apologies. I read, but I obviously didn't see. MR. SCHIFFER: While we're there, though, Kelly, would like a UPS Store, would that be considered packaging and labeling, or -- which is one of the exceptions, and it might be a-- MS. SMITH: Without reading the description of business services and those groups in general, I can't answer that question. CHAIRMAN STRAIN: Ms. Smith, do you want to -- MS. SMITH: And as Mr. Durant has pointed out, this is language from the Golden Gate area master plan within the growth management plan, so __ MR. SCHIFFER: Never mind. CHAIRMAN STRAIN: You want to finish with your -- are you done? MS. SMITH: No, I'm not done. CHAIRMAN STRAIN: Okay. Sorry for the constant interruptions. MS. SMITH: That's okay. CHAIRMAN STRAIN: We'll get there. MS. SMITH: We've also added language to number 13 on 3.3 -- on Page 3-2, group care facilities are permitted, but the civic association has asked for overnight residential uses not to be permitted. We did comply with that, and also one that is not on the list and is not highlighted. There was an allowance for parking lots. Obviously, not parking lots associated with other uses, but parking lots where you pay to park your vehicle for the day or a specific period oftime. That use has also been removed from permitted uses. CHAIRMAN STRAIN: So that use would be added to 3.4? MS. SMITH: Yes. CHAIRMAN STRAIN: As a prohibited use? MS. SMITH: We certainly can do that, yes. The other issue from the civic association was a concern that the architectural styles delineated in the Golden Gate area master plan for neighborhood centers didn't necessarily reflect the architectural style that they feel is appropriate, and so we have modified that language -- bear with me for a second. We've modified it within the development commitment section, and we've also added a sentence to the statement of compliance that says, the architectural style of the development Page 20 1 6 i t-r ~ 1 ~. July 21, 2005 shall reflect the old style Florida design with metal roofs. What we've done is taken out the ability to do tile roofs or parapet walls. There is one last item that I would like to bring to your attention and discuss. As you know, a very short time ago, it was brought to the attention that there are some designated future right-of-way needs for this intersection. Specifically, the transportation department has let us know that they are most likely going to be needing an additional 40 feet of right-of-way on both Golden Gate Boulevard and Everglades Boulevard. There's been some discussion back and forth between myself and staff, and another item was added to the transportation section that says, future right-of-way needs along Golden Gate Boulevard and Everglades Boulevard shall be determined at the time of site development plan submittal. Should additional right-of-way be necessary, the required landscape efforts shall be complied with to the greatest extent possible. Excuse me. The issue here is that if the developer were to develop this property today, and then after development, transportation needed an additional right-of-way, that right-of-way would come out of the landscape buffer. By working with staff, and by recognizing that need early, in essence, the developer is somewhat penalized for that level of commitment and that level of cooperation. The -- bear with me for one second, I'm looking for one note. The change in the right-of-way need results in over half an acre of loss of developable area on this property, and the function, as I understand it, in the neighborhood centers, is to provide areas for localized commercial to prevent the need to travel long distances for those types of services, and in theory, it's a wonderful opportunity, but when you have the landscape buffer requirement, the water management requirements, the well field protection, and then also the future right-of-way needs, these sites become more and more constrained. I know there's a question about whether or not that right-of-way and landscape buffer issue can ultimately be handled in the PUD document, but certainly I feel this isn't an appropriate place for that discussion. MR. SCHIFFER: Kelly, one thing you said is that it would a 40-foot right-of-way. The buffer is 25 feet. MS. SMITH: Right, and so there would be still a loss of additional area, most likely that would be parking. MR. SCHIFFER: But is the intent to not provide a buffer? MS. SMITH: No, the intent is not to -- to not provide a buffer, but to have some consideration. A 25-foot buffer is greater than the buffer that would be required on any other commercial site. MR. SCHIFFER: But what I'm saying, shouldn't we know plan for that -- I mean, that expansion is going to happen. MS. SMITH: Right, and we are planning for that, and that has been noted on the master plan. MR. SCHIFFER: In other words, shouldn't you show the future right-of-way and then show the buffer off of that? MS. SMITH: The problem is that while transportation staffhas a good idea of what the right-of-way needs will be, they don't have a specific amount that we can plan for at this time. MR. SCHIFFER: So it may be less than 40 feet? MS. SMITH: It may be. It probably will not be, but may be less than 40 feet. MR. SCHIFFER: I think the concern is that it would be sad to see like an urban tiny little 5- foot buffer out there, which could happen. CHAIRMAN STRAIN: Do you have a suggestion, then? MR. VIGLIOTTI: How do we got around that? Page 21 16t 'trr 1 ....~ July 21, \.too 5 MR. SCHIFFER: A suggestion would be to show the site as -- show that zone, the proposed right-of-way expansion, and work the site off of that. CHAIRMAN STRAIN: You should remember that when the motion is made. MR. SCHIFFER: Okay. CHAIRMAN STRAIN: That's how we get there. Are there any other questions yet? MR. ABERNATHY: I have a question. Kelly, have you considered putting in a deceleration lane for northbound everglades Boulevard up there, at the northern end of your project? The reason I ask, I went out there the other day, and I was telling Mark Strain, they got some people out there who drive with, you might call it reckless abandonment, to put the best light on it. They're very talented. They can go well beyond the speed limit and be right up so close that you can't see their headlights, but at the same time, they can stop, for the most part. I just -- ifpeople -- you're going to have a controlled intersection there, and even as it is now, a four-way stop. Somebody who goes through - observes the stop coming northbound on Everglades, he's going to be going at least 50 miles an hour by the time he gets up there to your entrance, and some poor pog who's trying to turn right to get in there is taking his life in his hands. I know you've already got problems with right-of-way if you're going to go to four lanes, but at least as long it's two, I think you need a deceleration. If it's four, the person can hopefully work around the turning person, but if you account for a deceleration lane, then that land would already be sort of set aside, and it could become the fourth lane over there. MS. SMITH: I believe that that's an item that would be addressed during the site development plan process, once the square footage and the footprints and the expected uses are delineated, then as part of the function of the traffic impact statement, that's an item that would be considered and required if necessary. MR. ABERNATHY: Okay. All right. CHAIRMAN STRAIN: I think I'll have a question for Mr. Scott on that. I do have some questions of you, but I'll wait until-- MR. MURRAY: I just have one having to do with 3.3. Hopefully, I read this correctly. Non-industrial dry cleaning. I know perchloroethylene is considered dangerous, if not hazardous. I just wondered whether that had been given consideration for that -- the very nature of that chemical. I think that's a very -- I'm not quite clear on that, but I've known in the past it was deemed as cancer causing, and I know -- in a well field, I would be concerned with that, though I don't know. I don't wish to assume that I know better, but I do have enough general knowledge to think that that might be something that's not desirable there. Is there any way we can qualify that? MR. ABERNATHY: Making it just a pickup station? MR. SCHIFFER: Yeah. I mean, from my experience, there's not a lot on the subject. MS. SMITH: Right. Any of these uses would also have to qualify under the well field protection criteria. MR. MURRAY: Okay, and does the well field protection criteria -- I mean, ifit's in here, what's the next step? I mean, who's going to catch it then? Ifwe agree that perc is not a good chemical to be around --I'm just trying to preclude something, if it's possible. I don't want to set myself up as __ CHAIRMAN STRAIN: Staff -- I mean, the SDP process would probably get circulated among all the departments within the county, and they would then comment on those quality of materials or those uses in the well field area. Oh, they catch everything, guys. Sometimes it's surprising that they even __ MR. MURRAY: I'm happy to hear that. I'm not aware of all of the good work that's done, and I just want to be sure that -- CHAIRMAN STRAIN: No, the SDP process has gotten extremely thorough. Page 22 t 6>r' t' t 1 "II' July 21, 2005 MR. MURRAY: Thank you. CHAIRMAN STRAIN: That can be a double-edged sword. MR. SCHMITT: A lot of people complain about that, that we're too thorough. CHAIRMAN STRAIN: Any other questions of Ms. Smith? Ms. Caron? MS. CARON: Kelly, on 5.3 on the transportation and that future right-of-way issue, was that discussed with, and was that language agreed to by the civic association, or was that just a discussion you had with transportation? MS. SMITH: The needs for the future right-of-way in general were discussed with the civic association. This particular language was discussed with the transportation staff. MS. CARON: Okay. MR. SCHIFFER: I have a question. CHAIRMAN STRAIN: Sure. MR. SCHIFFER: On Table 1, the development standards, 3-9, in the code we have an actual and a zoned height. Zoned would be the center of the roof in this case, actual would be the top of whatever. Could we establish that rather than -- can we have a maximum height, which I assume would translate to the zoned height, yet that doesn't limit the, you know, hundred foot cupola. So, I mean, do you want to come up with - could we call the -- change the maximum height to be the zoned height, like the code refers to it, and then establish an actual height? MS. SMITH: Just so I make sure I understand. The zoned height in this case would be 35 feet, which would be the finished floor to the midpoint of the roof line. MR. SCHIFFER: Right. MS. SMITH: The actual height would set the grade to the top of the roofline? MR. SCHIFFER: Correct, and I think we could set a high -- I mean, I would have no problem with a 50-foot actual height. MS. SMITH: Okay. CHAIRMAN STRAIN: Wait a minute. That's 33 percent of the height of the building. MR. SCHIFFER: That's 15 feet above the roof height, and the reason is -- in our architectural standards, this is going to be a major intersection. We do want to put some gateway features on it. We could debate it down, if everybody is not happy with that, 45 feet? CHAIRMAN STRAIN: That's 10 feet. That's much more reasonable. MR. SCHIFFER: Okay. Do I hear 45 feet? Sold. CHAIRMAN STRAIN: But that's only for architectural embellishments in regards to the definition of architectural -- of actual -- MR. SCHIFFER: Right, and we haven't -- we call that the actual height now. CHAIRMAN STRAIN: Which brings up an interesting question. Why wasn't this addressed in the review of the PUD, since it is an issue almost all the time? Is there some way that staff could catch in the PUD process from now on to clarify it, so that we don't have to keep debating this a public hearing? Then it's already settled with the applicant, and it's only up to us to agree or disagree. It will be a little more efficient. MR. BELLOWS: Yeah. CHAIRMAN STRAIN: Anything else? MR. SCHIFFER: No, thank you. CHAIRMAN STRAIN: Is there anything else of the applicant at this time? Kelly, I've got a few, so let me get into mine. In your project description and I don't need to refer to the PUD more or less just to talk to you about Page 23 '. '4t' 1'~. t 6 1JJy 21, ~05 it. You keep referring to the master plan as illustrated graphically, and we had another center come out at the intersection of Wilson and Golden Gate Boulevard, and when they said it was illustrated graphically, there was a lot more to their graphics than yours. There are no basic restrictions under your PUD master plan, other than the setbacks shown on your graphic illustration because you didn't show any buildings. MS. SMITH: Correct. CHAIRMAN STRAIN: Okay. That brought up a concern from the Estates Civic Association, who I know you -- and I appreciate your taking the time to meet with them. They worked, for the most part __ that entire group was part of the Golden Gate master plan restudy committee, and they worked very hard to make sure that Golden Gate Estates as it developed was as nice as possible. There was a couple issues that they brought up that probably was a result more of not having a more definitive plan supplied by the applicant, like there was in the Wilson Center, and one of the items that they asked is that the -- there is an agreement, apparently. I think you said you may have agreed to this. They accepted the architectural style language change with a caveat that the applicant will have to submit for approval a complete site plan, as well as an artist's rendition of the structure, for approval to the GGEACA. This would be a preconstruction permitting. Now, this was something I know you discussed with them. Do you have any objections to that? MS. SMITH: We did not discuss a specific meeting as that language has been presented. I do not believe that the developers would have an issue with meeting with them again prior to construction. CHAIRMAN STRAIN: Well, because you had acknowledged to them at some point, I saw one of your e-mails -- let's see if! can fmd it. Oh, basically you couldn't supply them with the elevations like the other intersection did because from the time you were notified, which was just recently, you just didn't have to do it, and that's logical because to have to bring an architect on board and basically preplan the project. I understand you weren't that far long. MS. SMITH: Right. CHAIRMAN STRAIN: So for that reason, I think it's important that somehow we insert language in here that involves the civic group, so that they can have the review as a courtesy that others have voluntarily done, and I guess now that I'm leading up to the question that's going to be posed to Mr. White. What kind oflanguage could be added to the PUD that would assure us that this will happen? MR. WHITE: I'm hoping that there are staff members who can address that. CHAIRMAN STRAIN: Okay. Well, at least you're not saying no, it can't happen, so that's a bright light. Ray, is there any way -- I mean, you guys are the ones that are going to have to acknowledge that some review by the civic association was attained as a premise to the process. How does that need to be highlighted in this document today so that your staff catches it? MR. BELLOWS: Well, typically, the way the process is set up, the zoning document would have to contain all of those provisions or conditions. MR. MURRAY: Bring your microphone closer, please. MR. BELLOWS: The PUD document would have to contain those provisions and conditions that are agreed to by the homeowners' association. Everything else is administrative review by staff and would not necessarily have input from any public, so we'd have to make those conditions -- CHAIRMAN STRAIN: Ifwe added a sentence to the development conditions of the PUD that the Page 24 1 6 1ft"" r 1 .... July 21,'100'5 architectural review will be provided by Golden Gate Estates Area Civic Association prior to the building permit? MR. SCHMITT: I would ask that the onus be placed on the applicant, not the county, to actually arrange for such meeting. CHAIRMAN STRAIN: I agree. MR. SCHMITT: The applicant should attest - come in with a letter attesting to the fact that they -- that has been done. I don't want to create a separate review process that now I'm responsible for monitoring. I think that's something that if it's in the PUD, it can be stated that the applicant will -- the PUD document can say that, but it's up to the applicant to frankly just attest that it had been done. CHAIRMAN STRAIN: Okay. Well, then let me try this on you, Joe. Architectural review will be provided by the long name, Estates Civic Association, prior to building permit, and a letter of review provided with the building permit application. MR. SCHMITT: That's fine. CHAIRMAN STRAIN: Ok~. MR. SCHIFFER: That's fine, but shouldn't you make it prior to the SDP? CHAIRMAN STRAIN: Prior to the SDP or along with submittal of the SDP. MR. SCHIFFER: And a letter of acceptance from the civic association will be submitted with the SDP application. The one concern, though, is that the way the development standards are set up, you could subdivide this, so essentially, it could be broken up into smaller lots, a unified road system, maybe. So in that case, what would we do here? As these lots develop -- I mean, that may not ever be the intent, so let's not waste time, but it could happen. MS. SMITH: I think in that case, then it would be incumbent upon the individual SDP components to go through that process. CHAIRMAN STRAIN: Okay. MR. MURRAY: I have one question having to do with -- when I drove out there, the roads were really loaded with water, and there were signs out there that say, you know, you're going to go flying if you're not careful, and I was surprised at how much there was, and I guess, there's not much in the way of drainage on the sides of the roads. Now, where I'm going with this is, I'm looking at the future, assuming this is built, the structure will be built to a certain height from the FEMA. Is there any -- when they make road changes, will they make the road changes to put in a trough, or will we raise the road? And if we were to raise the road, what does that do with the FEMA elevation? MR. SCHMITT: All right. We're getting into a whole other area. I'll explain briefly. The estates is a Zone D, which means to be determined. We expect that it will be a numbered A zone, which will define the height. Just for the record, so you understand, it hadn't been for -- well, probably for the last year, since December 2004, we've been requiring actual elevations, but we used to have what we called a local datum out there. Basically, you built 18 inches above the crown ofthe road. Now, we have first and second order vertical points out there, and you have to come in at an elevation, and you're elevation is based on two things, your septic drain fields, as well as being above the crown of the road. But to answer your questions in regards to the FEMA height, that has yet it be determined. We expect when we produce the new set of flood maps, we will have definitive heights in regards to elevations, or BFEs or base flood elevations. Page 25 -~--r 1 6r 11. C 1 .. July 21, 2005 But the road issue is a whole other issue we're addressing as part of what we're calling comprehensive east of95l study, which will address many of the compelling issues we'll be facing as the estates is -- becomes -- grows toward buildout, and that's the size of roads, drainage, all the other aspects are going __ they're being looked at comprehensively for coming back to the Board in October with an initial report, basically, a menu of items, and that will all be publicly vetted with the residents in Golden Gates. Maybe that's more,than you wanted to know. CHAIRMAN STRAIN: Let's just try to focus. Poor Kelly is going to be exhausted just standing there through all of this. MR. MURRAY: My only thought was trying to think ahead and seeing that they built up high enough and whether that was considered -- MR. SCHMITT: We're working on that. CHAIRMAN STRAIN: I assure you the county will make sure that happens. There are two other issues involving the estates association's review, and I'm sure you're aware of these, and one is a limiting of the hours from 6:00 a.m. to 11 :00 p.m. I understand you're not willing to do that. Is that a true statement? MS. SMITH: That is a true statement. At this time, the developers have elected not limit the hours of operation, and there are several reasons for that, one of which being that some of the uses that may exist on the property shouldn't be limited. For example, a sheriff substation or that type of use. The other issue is that the property itself is constrained with all of the other requirements. Any type of use is only going to be open during those overnight hours if it's economically feasible and appropriate, and so I think that that is something that if there is a need in the community for a use to be available during overnight hours, then it will be, and if there is not a need in the community, then it won't. CHAIRMAN STRAIN: Well, I think, Kelly, that the community at this point is saying they don't want those hours. I'm not sure that --I'm not sure why you would object to them, but I have a concern -- I understand your point about the sheriff's office, so if the hours were limited 6:00 a.m. to 11 :00 p.m. for non-government uses, that would certainly take care of that problem. MR. SCHIFFER: And don't we use the word essential services to define all of that? MS. SMITH: The other thing I would say, with all due respect, is that I didn't get the impression at that meeting that it was a concern of the community or the Golden Gate Estate Civic Association as much as perhaps one or two of the people in attendance in that meeting. Now, I do have the same e-mail that you have, and if that -- CHAIRMAN STRAIN: They emphasized the word strongly many times in that, and that's the one that they seemed to highlight the highest in the e-mail that you and I both received from them, so I would hope that you would consider that a little bit more. I mean, I don't see you losing a leaser -- a lessor because he wants to work between 11 :00 and 5:00 or 6:00 a.m. -- 11 :00 p.m. and 6:00 a.m. I just don't see that happening out there, so you're not really -- I don't see how you're at risk by doing that other than that fact that you cooperate here. MS. SMITH: One of the potential uses, obviously with the gas station, would be a convenience store, and to limit a convenience store -- the 11 o'clock is maybe not so much an issue as the 6:00 a.m. One of the items of discussion at that meeting last week was that a number of the residents ofthe Golden Gate area -- Golden Gate Estates area do you have jobs that require them to leave earlier than six o'clock in the morning, and so having the ability to stop at a convenience store or a gas station on their way out of the area would also be important. CHAIRMAN STRAIN: But see, I think that in a residential neighborhood, the last thing you want is extended hours, so I would think that's a very valid reason for wanting to limit the hours is that Page 26 . 'I , .. t 6 'L121, 20~ 1 convenience stores are probably the most noisy things you can have around, but anyway, we can get into that as we go through the motions. The last thing that they mentioned is the school bus shelter provision. Apparently, you've agreed to provide some kind of either a -- build or provide or fund a school bus shelter like the other commelil.' al facility did. Is that true or not? . ,.. MS. SMITH: That is another issue that -- that issue was discussed after the meeting. We did not specifically agree to that. I can certainly discuss that with property owners. My concern is where on the property that school bus shelter would go so that it is convenient and safe. Again, with the right-of-way needs, obviously you want a bus shelter close enough to the road, but at the same time, you want it to be in a safe location, and I'm not sure exactly how that would be accommodated. CHAIRMAN STRAIN: Well, the other people weren't either, and they actually found a youth facility easement that the county or somebody had that they were going to try to work out. I think that's what they were looking at because the children at that intersection, with more commercial, they were going to be injeopardy. The more of those that we can add to the area, the better offwe're all going to be. Now, that's the only comments I had of you for now. I have a lot of staff, so I'm sure they may ask you to come back up. Thank you. Was there anything else of Kelly while she's here? No? Thank you. Mike, do you have a presentation? MR. DERUNTZ: Morning. Mike DeRuntz, Principal Planner with Zoning and Land Development Review. As was mentioned, that this is in a neighborhood center, the northeast corner of Everglades and Golden Gate Estates. We did hold a neighborhood information meeting on March 9th. It was attended by a few of the residents out there. There was some objections to commercial development at this location, that was just one individual. The need part of the neighborhood center was expressed by the majority of the people that was out there. There was concern about alcoholic beverages on the site. There was an assurance that there would be no drinking alcoholic beverages at that location. This -- the PUD was -- the application was reviewed and was found to be consistent with the growth management plan. Transportation found it to be consistent. Recently, though, as was mentioned, that the identification of additional right-of-way needs at this location was brought to light, and they were -- have attempted to address this, and the property owner is willing to work with us by identifying a 40-foot reservation of property on this site, both on Golden Gate and on Everglades, but the concern of the 25-foot landscape easement seems to be an issue of having both the 40-foot right-of-way dedication and then the 25-foot landscape easement, and in talking with the county attorney that -- Patrick White, the -- this may need to be an amendment to the growth management plan because it is a requirement in the growth management plan or an amendment to the land development code because of this requirement. It's very unfortunate, you know, we didn't have the foresight to think about this needed right-of-way at the time when these neighborhood centers were created in the growth management plan, but they have to be addressed, so we're kind of in a quandary. We have a sense of cooperation with the developer and a problem with meeting with the requirements of the growth management plan here. CHAIRMAN STRAIN: Mike, before you go, I just want to ask something of the court reporter. I just noticed it's 10 o'clock. We normally break at 10:00. If we were to continue, we'd probably be another 30 minutes or so. Would you rather continue and finish, or would you rather have a break right now? THE COURT REPORTER: No, I can wait, but I'll tell you when I'm running out of paper. How's that? Page 27 I ' t 6 '""' 1~f\ 1 July 21, 200sV' CHAIRMAN STRAIN: As long as you're comfortable. Thank you. I'm sorry, Mike. Go right ahead. MR. DERUNTZ: Quite all right. As was mentioned, there was a meeting this past week with the representatives of the civic association, and as was mentioned, there was revisions proposed, and those changes were provided to you with the proposed POO. I was not at the -- in attendance when the discussion about the bus shelter was raised, but, as was handled at the previous rezoning neighborhood center, that language was incorporated as of -- they were willing to provide a monetary amount to the school district in development of the bus shelter at that intersection. I think transportation would need to be involved in a discussion about the future plans for Everglades and Golden Gate because I think they were talking about a six-lane improvement on Everglades, so it's going to be quite extensive, and as Mr. Abernathy was talking about, the turning movements into this site on Everglades would be an issue. There would be adequate laneage out there in the future for this traffic. If there are any other questions, I will be more than happy to try to address those. CHAIRMAN STRAIN: I have quite a few, but I will fIrst see ifmy fellow commissioners would like to ask their questions fIrst. MR. SCHIFFER: Lead on. CHAIRMAN STRAIN: Mike, in your staff report, Page 5 of 12, you indicate there'll be no alcoholic consumption on site and no freestanding fast food restaurants, and I don't believe I saw any of those categories that were provided, but I want to make the statement for the record that that is -- those uses will not be on that site. I didn't find them in the listings, but -- you also note on the same page, neighborhood center district permits Cl, C2, and C3 commercial uses as specified within the criteria of the sub district. That's important because I went through all the numerics that were supplied on SIC codes, and I found some that I questioned whether or not they're Cl, C2, or C3, so I'll need to go over those with you when we get to that point in the PUD. I have a question of Mr. Scott, which I know he -- but I'll wait, and I'll get him after I finish with Mike. I know that he's dying to answer another question today. Under the permitted uses under the commercial areas plan, 3.35, it says automobile services, 7549, and from best I can tell in Collier County, those are used on C5 and in an industrial area. Do you know any different? MR. DERUNTZ: Would you repeat that again, please, so I can fmd it? CHAIRMAN STRAIN: Okay. Page 3-1 ofPUD? MR. DERUNTZ: Yes, sir. CHAIRMAN STRAIN: Item 3.3, and under permitted uses, number five. THE WITNESS: Yes, sir. CHAIRMAN STRAIN: Automobile services, 7549, I don't have my LDC with me. I did when I looked this up, but it appears that that SIC code is found in C5 and in an industrial area, not Cl, 2, or 3. My concern is, if that's true, I would like you to verify it after this meeting, and strike it from this if that's -- because I -- I'm not trying to make a motion here, I'm trying to simply state that if you can't beyond C 1, C2, or C3, how did these things get into this number -- numbering system? MR. DERUNTZ: This is the language straight out ofthe growth management plan, so there may have been some -- CHAIRMAN STRAIN: Is there? If it's in the GMP, we can't do anything about it. I'm just going by the statement -- Page 28 .. t 6 tJ~~~' -- MR. DERUNTZ: So there may be some discrepancies. CHAIRMAN STRAIN: Well, the other ones -- if you could just check these before -- I can l.. 'W them for you, and I know you'll check them. ,_ MR. DERUNTZ: Sure. CHAIRMAN STRAIN: Item -- on the next page, number 12 -- I'm sorry, number 18. MR. DERUNTZ: Okay. CHAIRMAN STRAIN: Individual and family social services, 8322. That's generallya-- MS. CARON: Excuse me, I'm not reading the same thing. Eighteen on mine is insurance carriers. MR. MURRAY: Well, they gave out a new set of papers. CHAIRMAN STRAIN: They gave out a new one. I can't mark the new one up. I can only mark the old one up, so I'm still reading out the old one. MS. CARON: All right. CHAIRMAN STRAIN: I know what changes are in the new one, so -- but under the old one, Mike, if you could check out number 18, individual and family social services, 8322, number 22, membership organizations, 8611, 8699. I find those only in industrial and business parks. MR. DERUNTZ: Okay. CHAIRMAN STRAIN: Number 23, miscellaneous repair services. The only one that I question there is 7699. I find it in C5 and industrial. MR. DERUNTZ: Um-hum. CHAIRMAN STRAIN: Number 33, I think there's a numeric change. Real estate groups, 6531, and it shows to 6552, but I believe it needed to be 6541 to be consistent with C3 -- up to C3 zoning, so if you could check that one. Those are the ones I would ask that you check between now and the BCC meeting, if you could. MR. DERUNTZ: Yes, sir. CHAIRMAN STRAIN: And then the -- couple of catch-all statements that are here. On Page 3-3, number 41, we normally strike this kind of language, and it says, any other general commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose statement of the district, as determined by the zoning director or his designee. Now, in the past, we've taken that out of these. I'm wondering how it somehow got back in here today. I know you're looking at Mr. White for a reason. If it ain't listed, it shouldn't be, and it shouldn't be less than a public hearing to come back and try to get it corrected. MR. BELLOWS: For the record, Ray Bellows, that's old language. We'll have the new one inserted. CHAIRMAN STRAIN: Okay. The -- on Page 3-4, B3, same language occurs again. MR. DERUNTZ: Which page, again? CHAIRMAN STRAIN: 3-4, up on the top, B3. Under -- Page 3-6, under open space requirements, they go into a lot of detail on open space requirements, and you know we have a requirement that if there's deviations, they go to be separately listed and separately addressed, and if these are not deviations, then why are they here? Anybody? Okay. MR. DERUNTZ: Aren't those the ones that are coming right out of the growth management plan? CHAIRMAN STRAIN: That's another question, then. Why are they here? MR. DERUNTZ: Just repeating what was there. CHAIRMAN STRAIN: Ray, for the past year I've been asking if we need-- MR. SCHMITT: I just beat them up on the same thing. CHAIRMAN STRAIN: Okay. MR. SCHMITT: He told me every after -- now that Ava Maria has passed, he's going to have that Page 29 t 6 r\ 11 C 1 ~ July 21, 2005 done by -- let's hear it on the record, Ray, when? September -- by Labor Day. MR. BELLOWS: Okay. MR. SCHIFFER: Joe, can't you just send Ray off to some resort somewhere? MR. SCHMITT: Yeah, I know. I'm just going to have to send him off in seclusion somewhere. MR. BELLOWS: That's an idea. MR. WHITE: I'm willing to go with him to make sure it's-- CHAIRMAN STRAIN: Okay. Page 3-8, number 3. Now, this issue came up in the prior commercial center, and it was referencing fences and walls, and the language says, walls shall be constructed of brick or stone. I know that's language out of the GMP, but the intent was brick or stone facing. There's not much brick or stone walls in this county, so I just want to make sure that that clarification is understood. On Page 4-1 -- MR. DERUNTZ: Wait a minute. Can you hold for a second, please? CHAIRMAN STRAIN: Sure. MR. DERUNTZ: Go ahead. CHAIRMAN STRAIN: My last one for this part of this process is Page 4-1. 4.2, A3, is that same general comparable language deemed by the community development services director that we just talked about striking. MR. DERUNTZ: Okay. CHAIRMAN STRAIN: And, Mike, that's all the questions I have of you. I do have one of Mr. Scott, ifthat's okay with the rest of you? MR. SCHIFFER: Go ahead. CHAIRMAN STRAIN: Don, we have a similar problem here. Their traffic TIS, based their road count on LUC 820, which is your retail shopping center again, and I just want to make sure that if that's what they're going to submit their traffic study on and tell your department that's the traffic trips they're going to generate, and they're going to tell the BCC and the CCP set in a public hearing that we vote on that that is the most intense use that's in that four page list of uses they're proposing. So, do you have any -- did you review that list, and is the worst condition -- worst case scenario, as we have thought was the policy to show on TISs? MR. SCOTT: Let me defer to ALAN, since he reviewed it, and I don't want to keep avoiding your answer, but it's -- I don't know how we're going to get to exactly what you're talking about because you can do -- you know, if you think about all the different uses, you can do a different size of the uses, you can do different distribution. I want to try to get to where you're going. I don't know -- I know when I said that last time, I'm thinking after the meeting, how am I going to get to that point. I don't know how we want to get there, but that's probably some discussions we need to have. CHAIRMAN STRAIN: Well, I think if there was a reasonable attempt to show the real mixes of uses there, instead of taking a global number that benefits the outcome, we'd be better off. I mean, I would rather see a realistic number hit our road system, than a number we know could be exceeded substantially. MR. SCOTT: Well, even from a concurrency aspect, that's not going to be made until site development plan, then I know exactly what they're going to build, and they're going to be subject to concurrency at that time. I mean, obviously right now we're -- we dontt have a lot of capacity out in that area as it is, and we do have a program in project. CHAIRMAN STRAIN: See, by that time, the public process is over, and the public looks out and Page 30 16.1-"Cl' July 21, 2005 sees these roads getting jammed up three years before they're completed or three years before they're started, and BCC and the CCPC and everybody involved in the process believed that the. traffic counts were going to be less, based on these kinds of references, and it turns out that they're more, and it's just. . something that's a perception, and I think if you're going through the public process, that we ought to'1e as forthright in regards to the real counts that might go there than just using some global number for a retail shopping center that's 50 percent of some of the uses that are going to be there. MR. SCOTT: I understand that, but if you go back into time, actually, you go back at and look at projects when they first came in and said this is what we're going to build versus what they really build, they're really lower in the end because they can't -- the reality is, like we're going to buy right-of-way in this location, and they won't be able to build the amount that they were talking about originally, so if you look at it from a comparison of actually when it was first approved, most of those have been reduced. CHAIRMAN STRAIN: Well, then maybe you need to make it clear to us that the conditions that are being -- we're reviewed on are not the worst case scenario for the uses involved, and that the traffic counts, even though they're showing a decrease or a credit in some cases, may not be those true traffic counts in the end because it could be much in excess of that. You understand that the basis of a vote is what's presented to us. If we feel that there's a positive to a traffic count, it's going to lean heavily and that's a better thing to go towards, but in reality, if that's not going to be the outcome, and you're saying we don't really know, well, I'd rather know that at this public meeting than -- MR. SCOTT: I know, and I want to try to give you what you're talking about, but the problem is there's so many different variables. I can come in and say, well, I look at this, this, and this way. I prefer they do it, but we might get to that, but then you'll say, hey, that's -- it might be a little different, it's this, and even beyond the use itself, I mean, the distribution could be different, depending on what it is. So a lot of issues can change, there's so many variables to that. Now, I want to try to get to where you're talking about, but I know an easy way to get there. CHAIRMAN STRAIN: Okay, and I want to get to a point where we have stronger, let's say truth in lending. Again, I don't know how to refer to this, but I want the public process to state it like it is or like it could be under the conditions that we see coming forward. MR. SCOTT: And closer to what really is going to built, versus -- yeah. CHAIRMAN STRAIN: This is just a catch-all for what I've seen them come forward. Now, ifit's retail or commercial, they're just going to throw in 820 because 820 is substantial less than some of the intensities that could be on the site, and I understand those intensities and size could change. MR. SCOTT: Right. CHAIRMAN STRAIN: But if you look at fast food restaurants -- well, this one doesn't have any, but that's a heck of an example. That's eight times 820. A small fast food restaurant is going to have a huge impact. MR. SCOTT: Right. Right. CHAIRMAN STRAIN: And I think we, at the public process, ought to reveal it. That's where I'm coming from. Now, I don't want you got to do internally to make that more conducive to what they __ what's presented here today, but I'm going to be asking this in every one that I see 820 showing up on again. MR. SCOTT: I figured that out. MR. ADELSTEIN: You know, it could be done very easily. Do what you're doing now, and then state, and in the alternative, it could also go to this level if these things are done. In other words, they're going to give you that same 8 -- under all the time. MR. SCOTT: But -- and obviously I can do, like, three different scenarios, but there could be a scenario that's different than that, too, and am I sure -- I mean, without even having a combination because Page 31 . . '~ 16dl"Cl ) July 21, 2005 knowing the size, that could also change the trips as you go through it, too, so -- MR. ADELSTEIN: I think you can use enough judgment to say, this is what they have proposed, but it could go to this level, also. Period. MR. SCOTT: Well, let's start with at least a three aspect of it, and then we'll go-- see how that goes. MR. ADELSTEIN: That's right. But again, that way at least we have some idea of what could be, and use that judgment figure for what we want to decide. MR. SCOTT: Right, and we were talking in the back about should we try to tie something to TIS, and then if you do something different, but I don't know. That's going to be fairly restrictive to do that, to say, okay, since you changed that -- because, you know, market changes change. CHAIRMAN STRAIN: But, Don, what's better for the road system? Coming here today with a worst case scenario so we know what you really got to look at and the approval process, or letting it go through the approval process and have the applicant come in down the road sometime when it's closer to a three-year start period, and overburden the road system prematurely because we didn't -- we were mislead -- MR. SCOTT: I can stop them if! have a concurrency problem at that point. Now, obviously, the one that was the last one, I can't do if it's not above what they were originally given in their COA. There's not much I can do about that. CHAIRMAN STRAIN: I understand that. MR. SCOTT: This one, we can stop that. CHAIRMAN STRAIN: Okay. ALAN, did you want to try anything to help Don? MR. EL-URF ALl: Alan El-Urfali, for the record. I just wanted to add one more thing is that we look at, for consistency review, the net new trips on the system, and the net new trips for commercial, and ill your case when you're looking at 820 versus -- a shopping center versus a restaurant, a restaurant, if we're applying the ITE code or the ITE rules, a restaurant has a 46 to 68 percent internal capture and diverted trips. So, you know, from the bat, if you use a -- let's say a fast food restaurant, and you put it instead of an 820 shopping center, you're going to have some of the trips that are already on the system use that facility. So 820, I believe, 820 for the size of what we have here, is going to be the maximum use. CHAIRMAN STRAIN: Well, and I don't disagree for this site. ALAN: For net trips. CHAIRMAN STRAIN: I just want to make sure that when staff in the past has indicated to us that this is supposed to be the worst case scenario, I want it to be, and if it isn't, then I want you to tell us. That's all. I want this -- ALAN: I believe for net new trips on the system, 820 will be the highest worst case scenario, yes. CHAIRMAN STRAIN: Fair statement. Any other questions of staff or Mr. Scott or ALAN? Okay. Ray, is there any public speakers? MR. WHITE: No speakers have registered. SPEAKER: Excuse me, Mr. Chairman? CHAIRMAN STRAIN: Yes, sir? MR. EL-URF ALl: I believe there was a discussion that had been held amongst the planning staff and transportation planning with regards to one of the transportation conditions, and I was expecting we were going to have an amendment on the record today from Mr. Scott or his staff, and I would just like to give him the opportunity to do so. MR. SCOTT: Well, the discussion about the right-of-way reservation, to do a reduction in the Page 32 t 6 ,., t....r 1 July 21, 2bbs .. landscape buffer would cause a growth management plan change, so the way it should be stipulated is either that the right-of-way -- that the project is developed, we'll deal with the right-of-way that we n~ during site plan, but the project would be developed to reserve that right-of-way, and if they wanted t<J.I reduce something like the landscape buffer, they'd have to go through a growth management plan change. I'm not exact on the amount of right-of-way at this point. We just started looking at a design for Golden Gate Boulevard is next year, Everglades is the year after that. The well site actually might __ that she referenced previously, might affect it. We might need to shift more, so I might actually get more or less off of Golden Gate Boulevard. Those are the things that we'll be looking at prior to them coming in for a site development plan. CHAIRMAN STRAIN: Okay. I made note of it. I'm sure it will come up in our discussions. Ms. Smith, did you have some closing comments? MS. SMITH: I did. Ijust wanted to address one item before you close the public hearing. You made a comment that there will be no fast food restaurants, and I just wanted to clarify that a fast food restaurant would be allowed as a permitted use. What would not be allowed is a drive-through facility for a fast food restaurant. So I just wanted to clarify that. CHAIRMAN STRAIN: Okay. I understand. Thank you. I met the drive-through portion. I should have made that clearer. Okay. With that, we'll close the public hearing. Gentlemen, I have a series of stipulations, if one of you would like to make a motion. MR. ADELSTEIN: I move that AR-663 1 be forwarded to the Board of County Commissioners with a recommendation of approval, subject to the planning commission recommendations. MR. MURRAY: Second. CHAIRMAN STRAIN: There's been a motion made and seconded for discussion. You want me to read mine into the record, and then you guys can yea or nay or clarify it? The fIrst involves the right-of-way and the buffer that Mr. Scott just addressed. His concept of making that --leave it as it is, any right-of-way he takes has to retain a 25-foot buffer, unless changed by a GMP amendment. I believe that's it. Mr. Abernathy's suggestion that a decellane be provided in a northbound lane, I think that's a good one as well, and likely it would also facilitate any right-a-way taken in the future, so that they automatically plan for it. Number three, that the actual height be limited to 45 feet, whereas the zoning height is as stated at 35 feet. Number four, that the architectural review would be provided by the Golden Gate Estates Area Civic Association prior to the building -- prior to the SDP being issued, and a letter of acceptance will be provided with the SDP from the Golden Gate Estates Civic Association. Number five, the hours will be limited from 6:00 a.m. to II :00 p.m. for non-government uses. Number six, the applicant will provide either a school bus shelter, or build a school bus shelter, or the funding for a school bus shelter within the proximity of the site, not to exceed the cost of $5,000. MR. VIGLIOTTI: I think those are good. MR. ADELSTEIN: Mr. Chairman, I accept each and all of them in my motion. MR. MURRAY: As does the second. MR. SCHIFFER: And I just have a comment, and it's the one on the letter. CHAIRMAN STRAIN: The leather? MR. SCHIFFER: The letter. CHAIRMAN STRAIN: Oh, the letter. When you actually said letter, I don't know what you-- Page 33 1 6 I~. ..c 1 .~ t July 21, 2005 MR. SCHIFFER: That what you do is you provide a letter of acceptance with the SDP application, rather than say that the architectural review will be by the Golden Gate Civic Association. That could be confused with our architectural review. CHAIRMAN STRAIN: All right. MR. SCHIFFER: So I think to just simply say that a letter of acceptance from the Golden Gate will be provided at the time. CHAIRMAN STRAIN: Good clarification. Thank you. I think that's fme. MR. ADELSTEIN: Accepted. CHAIRMAN STRAIN: And does the second accept it as well? MR. MURRAY: Agreed. MR. SCHMITT: Clarification on hours of operation, was it 6:00 a.m. -- CHAIRMAN STRAIN: 6:00 a.m. to 11 :00 p.m. MR. SCHIFFER: The only other question I have, and this will probably chime Patrick up, but can we require dedication of the right-of-way as part of the approval of this application? CHAIRMAN STRAIN: I'm not sure what you mean. MR. SCHIFFER: Well, in other words, I mean, how would the county get the right-of-way in the future? Would we be buying the right-of-way? CHAIRMAN STRAIN: Yeah. MR. SCHIFFER: So can't -- I mean, as we're giving them the rights to do this thing, can't we require a dedication of all right-of-ways? CHAIRMAN STRAIN: As a contribution? In lieu of impact fees? MR. SCHIFFER: No. The gift of the use of the land. MR. SCHMITT: I have to defer to transportation. I mean, this is -- CHAIRMAN STRAIN: I see that happen a lot on larger projects. MR. SCHMITT: Larger parcels where -- rather small parcel. I mean, larger parcels, certainly the applicant is willing to dedicate the right-of-way in order to facilitate and meet the transportation needs in order to accommodate the development. Sometimes they'll seek an impact fee credit, but this sized parcel -- MR. SCHIFFER: But what I'm saying is that in the future, if the right-of-way is necessary, the county will have to purchase it. MR. SCHMITT: Yes. MR. SCHIFFER: As opposed to -- right now, this is a site, we're giving the man the rights to develop the site. Wouldn't now be the time to do it? MR. VIGLIOTTI: I don't think the parcel is big enough to warrant taking that kind of land for it. MR. SCHIFFER: Well, the land taking is going to occur one way or the other. The issue isn't whether you're going to take the land. The issue is do you compensate the owner for it, or is it part of the approval today. MR. DERUNTZ: Well, obviously, we'd love to have donation, but we assume that, you know, they reserve it. What we're trying to avoid is, you know, you put building in the middle of it, or some essential use that we'd have to replace. MR. ADELSTEIN: Then why don't we insert something about the land-- MR. DERUNTZ: But, you know, I don't -- in fact these credits would be fine by us or FEMA. MR. SCHIFFER: I mean, what happens now? Is that -- somebody does do a dedication, you swap impact fees? Payoff in impact fees? Page 34 16 1...1- . r , 4 J~ 21,20'05 . MR. DERUNTZ: We do impact fee credits in some cases and/or pay for it, depending, and we get donations, too, but -- MR. SCHIFFER: But I personally -- I mean, first of all, the land is going to -- well, it doesn't matter if they give the land or not, the land is going to be given if the transportation needs it. The question is, can we make dedication of the land part of the approval of the uses today? MR. ABERNATHY: I bet not. MR. SCHMITT: I would defer to the county attorney, but that's an exaction basically that is above and beyond the land development code. That would have to be something certainly that the applicant can agree to during the public hearing, but from a standpoint of process, what Don said is correct. Normally that it would either be -- they certainly could donate it, ifthat's the case, or if they -- if we -- either we purchase it, or if they donate it, we give them impact fee credits for the donation. One of the three, or they then donate it outright. MR. SCHIFFER: It seems fair to me after giving them uses, that now would be the time for them to make that donation. MR. SCHMITT: That's a policy decision, if this board so wants to recommend to go to the Board of County Commissioners. MR. ABERNATHY: Mr. Chairman, I think we ought to back away from this. This is not a part of our -- CHAIRMAN STRAIN: I think that this discussion could be passed on to the BCC and let them know that we had a concerns. That would highlight it enough so that if they felt it was necessary on this size of a project to take action, they could. MR. MURRAY: Brad, I think that -- MR. SCHIFFER: I'm just trying to save the time and money. CHAIRMAN STRAIN: I understand. I'm not disagreeing with you, I'm just trying to avoid-- move forward here today. There is one technicality, and, Kelly, could I ask you to answer one question for me? MS. SMITH: Sure. CHAIRMAN STRAIN: You realize you are not being granted any concurrency determinations for rights, even if this project is approved by us and the BCC, and that you will have to fully meet all concurrency requirements before you can build the proj ect? MS. SMITH: Yes. CHAIRMAN STRAIN: Thank you. Now, with that being said, gentlemen, there's a motion made. It's been amended. The amendments have been approved by the motion maker and the second. Is there any further discussion? Hearing none, I'll call for the vote. All those in favor? Anybodyopposed? The motion passes unanimously, seven to zero. Thank you. MR. WHITE: Mr. Chairman, if you do have those --last list of stipulations, and we could get a copy of them before you depart today, that would be of great assistance to me and the staff in making sure that they're -- CHAIRMAN STRAIN: I will hang around and give you my list. MR. WHITE: The Board's meeting on this one on Tuesday. CHAIRMAN STRAIN: Okay. Mr. Abernathy, I think -- that's the last item on the agenda for a public hearing today? MR. ABERNATHY: Yes, sir. CHAIRMAN STRAIN: I think you're next up, sir. MR. ABERNATHY: Okay. This is not an action item, Ijust wanted to put some thoughts in front Page 35 1 ~ '1. C 1 ~~ July 21, 2005 of you. Several years ago, the planning commission limited itself to one meeting each in July and August. My recollection is that nobody had any cerebral hernias or any misfortunes for having done that. It just frees up a period where one can go on a decent sized vacation without vacation without missing a meeting. Now, when this subject came up a couple of months ago, there seemed to be a consensus of everybody, oh, yeah, yeah, yeah, we don't want to have to work too hard and get stuff bunched up, but then of the nine members, three absented themselves from the July 7th meeting. Now, Bob, I'm not getting into why you weren't here. I'm not interested in that. The point is that it put the burden on the remaining six people to make sure that five of us by God got here, or else we would have had the debacle of a no quorum, which, of course, The point of it is, you don't have to be rocket scientist to figure out that the first meeting in July is going to be within three days of the Fourth of July, one side or the other. They learn that pre-K, I think nowadays. So if we want to hedge ourselves and commit to having a meeting within three days of the Fourth of July, well, I think that's unfortunate. Now, I'm not using in support of my argument the fact that we finished at 10:30 last time, we're finishing 10:30 today. That just may be a fortunate happenstance. That leads me to the next item, and that is the August -- in other words, I would propose having, at an appropriate time next spring, having just one meeting in July, that being the third Thursday. I'd like to do the same thing in August, but that brings me to a problem that I want to ask Joe about. Inevitably, it seems that second meeting in August, that being the third Thursday, is preceded by a LDC cycle meeting the very night before on the Wednesday, the third Wednesday. My question is, not just on -- so that might not be a good idea to double things up in August, but my question is, Joe, why do we always have these LDC amendment and growth management plan amendment hearings the night before a planning commission meeting? Does it have to be that way? MR. SCHMITT: No. No. Normally, we kind of back plan, so we try and prevent a board having the hearings in late December because of some many things that back up in December, so we'll back plan. What we did this past LDC cycle in the fall cycle, try to finish just before or around Thanksgiving, so we kind of back plan, but no, we do not have to there's no requirement for your meeting to be the night before a planning commission meeting. MR. ABERNATHY: I know that -- MR. SCHMITT: And certainly we can certainly schedule that -- MR. ABERNATHY: Like the week prior, maybe. The second Wednesday that would be. Why don't we try that for the rest ofthe year if it's not too late. MR. WHITE: Mr. Abernathy, I understand that that's one way to approach it, and I think that the way the staff may have looked at it in the past in setting up those schedules, was in order to assure that there would be quorums for both, and if there were going to scheduling issues, by having them -- although there would be more work you'd have to have yourselves prepared and ready for in the succession of two meetings, there was the countervailing idea that it would be perhaps easier in terms of scheduling with vacations and other things like it, to have those commissioners who are available doing so in the closest proximity oftime to one another -- to the two events. MR. ABERNATHY: Well, that may have some validity for the August meeting, but I don't know that vacations or whatever the next one is, October, doesn't seem to -- MR. WHITE: Right. Right, and I think what Joe's indicating is that certainly in the back planning, Page 36 16 Jl" . July 21, 20~"11. your preference as a commission is to separate them by a week or so, then we can accommodate that. MR. ABERNATHY: Well, I'm not asking for action today, I'm just asking for people to think about it. Some people may like it the way it is. MR. SCHMITT: Before we lock in the dates, we'll come back and ask you if those dates are agreeable. Since we're talking LDC, and I know this may get off subject, so I'll follow up after we're done with Mr. Abernathy. MR. ABERNATHY: Tell me this. If you're going to come and ask us, how about indicating it some way, so we don't have these seat-of-the-pants decisions because we hadn't thought about it. MR. SCHMITT: We certainly can do that. MR. ADELSTEIN: Yeah, we did this a couple of years ago where we had the one meeting in June -- in July, and one meeting in August, and it turned out that come September, we got drowned. It came to a point where now we got drowned, it got very hard to do, and then with the other things that come along in August, it just didn't seem to make sense. Again, we have trouble getting a quorum here, but also we have been able to do it. It doesn't mean that somebody can't go on vacation because this isn't their full-time job, but the idea was that at least by doing it this way, we don't end up with September and October actually drowning us. I would love to see it stay the way it is, and have a few -- have to worry about getting quorums, than to go through what we went through that last year. MR. ABERNATHY: Well, that must have been a anomaly because if we have a meeting -- a second meeting in August and clear the docket, I don't why there should be any glut in September, unless everybody else is taking vacations and is coming back, which may be happening right now. That's why we don't have anything now. MR. SCHMITT: If! can refresh your memory, though, the last meeting, I think, Ray, if I'm not mistaken, we had four items continued. That would have been an all-day event. MR. ABERNATHY: That's right. CHAIRMAN STRAIN: Gentlemen, one at a time for the court reporter. MR. SCHMITT: And I know there's quite a few in the cube pending that's coming your direction. CHAIRMAN STRAIN: Brad? MR. SCHIFFER: But for August, we're not going to change that LDC date, are we? MR. SCHMITT: No. I'm locked in on that now, unless for some reason we want to change __ MR. ABERNATHY: I wasn't suggesting that. CHAIRMAN STRAIN: Mr. Abernathy's suggestion about moving the two dates apart is real good because I can assure you from experiences recently, we made some horrible mistakes in the last LDC cycle that we approved, and they're coming back to haunt a lot of people right now, and I would rather see us be able to focus very intently on the LDC amendments and what they actually mean and the actions that they're going to take in the field, and we can do that if we had more time and they weren't jammed up together, so I really would appreciate it if we could separate those two. MR. SCHMITT: Yeah. Let me ask you this because it depends on the board room and it depends on scheduling, but as Patrick noted, it's maybe good for your schedule to do both in the same week. That way you wouldn't do week-to-week separation problems. MR. SCHIFFER: It's the preparation, Joe, that's the problem. MR. SCHMITT: Well, if we did it like Tuesday, and then had a planning commission on Thursday, would that work? CHAIRMAN STRAIN: Joe, I don't know what you think it takes, but it takes several days, even ~ Page 37 16 It-' ,. July 21, 20t 1. for tonight's -- today's meeting, to prepare. To read these two, there's at least four days worth of work here. MR. SCHMITT: Well, then what I'm hearing is you would like to have them a week apart at least because you're basically twice-month planning commission, we would have to do the other week as an LDC hearing. CHAIRMAN STRAIN: Okay. I think we've beat that to death. I think everybody's ideas are on the record. MR. SCHMITT: Since we're talking LDC, I'm going to the board to lock in a special cycle, another special cycle for this year, those dates, but they will be regular hearing dates for you, not special meetings. We still have to come back to you for those LDC amendments that deal with the implementation of the TDR program, and you'll see those, and also, you'll be seeing the amendments dealing with the excess units or what's referred to, as a euphemism somewhat, the phantom units. MR. SCHIFFER: That's what the special cycle will cover? MR. SCHMITT: Yes. That will be a special cycle, but they'll be listed as regular scheduled -- it will be part of the your regular-scheduled meeting. MR. SCHIFFER: Okay. One thing is, aren't we all meeting next week for the session? And, Mike, you never did -- because I mean, I'm registered. I know you keep asking me to register, and I registered three times, and you were going to notify those that weren't registered that -- do you consider me registered? CHAIRMAN STRAIN: Well, that's something that you and Mike can handle. MR. ABERNATHY: Joe, I would like-- CHAIRMAN STRAIN: Let's get through the public part ofthis meeting today. Is there any other issues that the board has? If not, we're adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:37 a.m. COLLIER COUNTY PLANNING COMMISSION Russell A. Budd, CHAIRMAN Page 38 1 ~alal ~ala~ Hennilg Coyle COLLIER COUNTY HISPANIC AFFAIRS ADVIS6R~tftOARf) MINUTES OF MARCH 24, 2005 MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ADMINISTRATION BUILDING F, 3301 EAST T AMIAMI TRAIL, NAPLES, FLORIDA Present: Absent: Raymond Cabral Susan Calkins David Correa Manuel Gonzalez Ernesto Labrador Cosme Perez J ames VanFleet Sofia Pagan (excused) Also Present: Marian R. Colli, CLAS, Staff Liaison for HAAB Mr. Victor Valdes, President, Naples L.u.L.A.c. Ms. Anna Rodriguez, President, Immigrant Rights Advocacy Center, Inc. Mr. Rodolfo Puuaniyri Ms. Anita DePalma, L.U.L.A.C. Ms. Matilda Garcia, District Director, L.u.L.A.C. Mr. Robert E. Canino, L.u.L.A.C. Mrs. Robert E. Canino, L.u.L.A.c. Ms. Isabel Valdes, L.U.L.A.c. Mr. Alex Valdes, L.U.L.A.c. Ms. Ariel Valdes, L.U.L.A.C. Ms. Aixa Gonzalez, L.u.L.A.c. Ms. Yordan Garcia, L.u.L.A.C. Mr. Mark Guiterrez, L.U.L.A.C. '~,' . RECEIVED AUG L J 2u05 Board of Cour~ty Commissioners The March 24, 2005 HAAB Meeting was called to order at 6:05 p.m. A motion to approve the agenda was made by Mr. Labrador and seconded by Mr. Gonzalez. The motion passed 7-0. Mr. Labrador then moved to approve the minutes from the February 24, 2005 meeting. A copy of the agenda is attached. Mr. Van Fleet seconded the motion but with a correction to the spelling of the words "Colombia" and "Colombian" that were misspelled throughout the minutes. Mr. Correa stated that he couldn't recall the_~.~OQ.."QIl~~~~""_~7'tC:1l. and Mr. Labrador reminded him of the presentation. Mr. Labrador ntadF.tTie.iiiotlonT6'-accepr"~,-~-: ".,~:,:;.:.,~ the minutes with the corrections, and Mr. Correa seconded the motion. fi'he mot~i1;~c&mSl-O..' l , , i , ! 1 I r . ~ t'~,..".;~\I,...'<. e2~e: , 9/J7joS r ItLi,~; /bI -Z C64.. CO;:::5 T0: ~; _ ..~"t,:,,' "......~.....~...._.~..,..:..._ .~....~~_.._.... "..4._""-__.......<<>__;.",._"'-..... ................. ~.."~\~.:: .-:. - "_;.: <-.' >,;~_ ....;._,~,~ .\~~.";', ~,~ ;:>~ "lo~,...~": ''''-~.,..'"'S:,,\l..j> _.~.....---r--._-,. " " t 6, ill- C (? i'if'iff " Mr. Labrador stated he had spoken with Capt. Davis of the Collier County Sheriff Office (CCSO) and although Capt. Davis had hoped to attend tonight's meeting, he was unable to be there. Capt. Davis told Mr. Labrador he looked forward to attending the next scheduled meeting. Mr. Labrador also stated that he had spoken with Nancy Bradley from the County Attorney Office and asked her to speak with Sue Filson about HAAB making a presentation to the Board of County Commissioners. He asked Ms. Colli, Staff Liaison, to please remind Ms. Bradley to speak with Ms. Filson. Ms. Anna Rodriguez, President, CEO and Founder of Immigrant Rights Advocacy Center, Inc. (the Florida Coalition Against Human Trafficking), was the first guest speaker. Ms. Rodriguez handed out a folder with information and sample flyers and brochures from the Department of Justice to assist victims and others in understanding the problem and how they can be a part of the solution. Ms. Rodriguez began her presentation by giving a little of her personal history and then went on to the subject of human trafficking. She said that Florida is third in the United States in human trafficking and that it affects every person, not just the immigrants. She went on to explain the difference between smuggling and human trafficking. Smuggling is when the people pay someone to illegally sneak them into the country. Human trafficking is when the people are persuaded to come into the country with the offer of a better life and better paying jobs. Once they arrive, they are then forced into slave labor or prostitution and threatened if they don't obey. They are told they must work off the cost of them coming to this country, and the price usually goes up faster than the money they earn. Ms. Rodriguez described several cases she had worked on and said that many of the victims don't even know what state they are in as they are transported in closed vehicles at night and kept in locked rooms the rest of the time. Frequently the prostitution houses move the girls every two weeks to different locations making it difficult for the authorities to find and rescue them. Ms. Rodriguez stated the victims are protected by federal laws and when rescued can become legal citizens, are granted work permits, job training and other benefits. Although Florida has passed laws about human trafficking (Bill 787), they do not give the victims any of the benefits that the federal laws give them. When human traffickers are discovered in Collier County, the federal agents will have to be called in to work the case so that the victims can have benefits and the jail time will be longer for the offenders. Ms. Rodriguez has been working with Dudley Goodlette to amend the Florida laws on this subject. Ms. Rodriguez also travels around the country and helps train law enforcement officers to recognize the signs of human trafficking and how to question the victims without frightening them. She said the Florida law enforcement officers needed training in this area. Ms. Rodriguez pointed out there are cases right her in Collier County and that she recently was involved in the investigation and raid of some prostitution houses in Bonita. She is currently working with Commissioner Coletta for a proclamation for Collier County human rights and against human trafficking. She went on to state that human trafficking is currently number two in the United States after arms and drug smuggling, but it is predicted to be number one in the near future. 2 -1 161J"'C2 . Ms. Rodriguez said that community awareness and outreach are important aspects in rescuing these victims. Mr. Perez commented on what he had heard since he came to Collier County and asked if there was any way to get in touch with the victims to help them. Ms. Rodriguez answered that outreach and media coverage would let people know what to look for and assist the community in voicing its concerns and suspicions. Mr. Perez then asked how HAAB could help. Ms. Rodriguez replied that showing support for the cause and contacting the Board of County Commissioners and encouraging them to support the outreach programs would be great. Mr. Van Fleet asked Ms. Rodriguez for her best guess of the number of cases in Collier County. Ms. Rodriguez replied that although they have some numbers, she feels they are too low. She cannot give a Florida percentage, but authorities feel a majority of victims are transported to Florida. Ms. Calkins asked where Ms. Rodriguez's funding came from, and Ms. Rodriguez said she really has no funding. The Department of Justice pays for her traveling expenses, but she makes no profit and receives no money from anyone else. She does this because she believes it is such an important cause. Mr. Correa asked Ms. Rodriguez what countries do most of the victims come from and she said usually Puerto Rico, San Salvador, Santa Domingo and places like that. Mr. Gonzalez applauded Ms. Rodriguez's efforts and said he was glad the FBI had opened its doors to her in this important cause. He asked how HAAB could help her. Ms. Rodriguez replied that letting the Commissioners know how serious this is and how important it is to stop the offenders. Mr. Gonzalez then asked if there was an organization already formed to work on this problem and Ms. Rodriguez informed him that a task force has been created due to grant money received by the Sheriff. She is also working with Sheriff Mike Scott in Fort Myers. She feels there is a strong need to train police officers, Code Enforcement officers and DCF, among others. Mr. Cabral commented that he works with DCF and they really look for training. Ms. Rodriguez stated that when she left the Sheriff's organization there was no program for this type of problem and since the federal laws are better for the victim, she works with them. Mr. Cabral then asked if the Sheriff could help fund her efforts and she answered that she didn't know. The grant money the Sheriff received funded an investigator and a victim advocate. Mr. Labrador asked what Ms. Rodriguez meant by a trafficking ordinance and whom would it affect. She responded that it would affect everyone involved. He then asked if there had been arrests and if so, how did the courts respond. Ms. Rodriguez replied that none of the cases had been prosecuted in Collier County, but four Collier County cases have been prosecuted under the federal law . Some cases are still pending and it often takes time for the investigations. Mr. Gonzalez asked Ms. Rodriguez how she conducted investigations with no legal authority. Ms. Rodriguez replied that she receives information on possible victims, investigates on her own, and then reports back to the FBI. He then asked if the people involved in trafficking 3 I 61 'l.c-2 humans know her and she said yes, but that the FBI was looking out for her and she is moving into a guarded community. She also stated that she is not allowed to have her picture taken in an effort to better protect her. Mr. Labrador thanked Ms. Rodriguez for the very informative presentation and the good work that she does to help stop this horrible problem. Mr. Perez motioned for HAAB to form a Commission or assign liaisons to work with Ms. Rodriguez and help her with recommendations to the Board of County Commissioners. Several members indicated that only one member could help her due to Sunshine conflicts and so Mr. Labrador moved for one volunteer of the HAAB to work with Ms. Rodriguez and help with her cause. Mr. Gonzalez volunteered if Ms. Rodriguez wanted him, and she replied in the affirmative. The motion was seconded by Mr. Perez, and passed 7-0. Mr. Labrador commented that he would like to have the work that Mr. Gonzalez and Ms. Rodriguez accomplish be a part of the verbal presentation HAAB would like to have before the Board of County Commissioners. Ms. Calkins asked if it would be helpful to ask the Board of County Commissioners to have training on the subject of human trafficking. Mr. Gonzalez replied in the affirmative and stated he would make a presentation on that subject. Mr. Labrador then brought up moving the September 22nd meeting due to a conflict with scheduling the Boardroom. Mr. Correa asked why they were discussing it now and Mr. Labrador replied because it is a scheduling problem. Mr. Correa suggested they wait and discuss it with Mr. Pettit. Mr. Labrador moved to table until next meeting and check calendars, seconded by Mr. Correa, motion passed 7-0. Mr. Labrador stated he would not be present at the April 28th meeting. Ms. Colli brought up the previously discussed April 18 workshop and indicated that was not a good date. She asked if they would consider rescheduling to April 14th. Mr. Perez said any date after April 15th was good for him. Mr. Labrador suggested they try for the 19th or 20th. Mr. Correa stated the 20th at 6pm was good for the workshop only. Mr. Labrador said that date was good for him also. Mr. Perez updated the group and informed them that he has a meeting next week with Jean Merritt. Mr. Van Fleet said he had no report to offer. Ms. Calkins said she would be meeting with the task force. Mr. Correa stated he had met with Mr. Dick Nojay of Jubilee Village in Immokalee and was told they would be interested in having HAAB hold a regular meeting at their facility, and possibly support their efforts in supplying housing. Mr. Labrador suggested they see if the HAAB members would like to have the April 23rd meeting out there at 1 :OOp.m. for lunch and a tour of the facilities. Mr. Gonzalez stated he had no problems with it as long as the notice and meeting complied with the Sunshine Law. Mr. Perez asked if that would be the regular meeting for April and Mr. Correa replied that it would. Mr. Van Fleet said that was fine with him. Mr. Labrador moved that the regular meeting be held on April 23 at 1 :00 p.m., at Jubilee Village in Immokalee, and Ms. Calkins seconded the motion. Mr. Labrador stated they would need instructions from the County Attorney Office as to food, notice, protocol, etc. Ms. Calkins stated she would like the meeting to be held prior to the tour, and Mr. Correa said he would call Mr. Nojay and discuss it with him. Mr. Labrador asked if all were in favor of 4 t 6 i I. r, C ~.. the motion, and the motion passed 7-0. Mr. Correa said he would give Mr. Pettit the pertinent information for the next meeting. Mr. Labrador agreed stating they could have the meeting there, but needed to find out about eating there. Moving along on the reports from members, Mr. Cabral asked what health agency he should contact regarding their concerns on health matters. Mr. Labrador stated he felt there was a lack of clinical information for the Hispanic community. Mr. Gonzalez stated he had cut out some articles from newspapers and periodicals, and proceeded to hand them out to various members at the meeting. Mr. Correa mentioned being a member of the Republican committee and maybe the board supporting some of their endeavors, and Mr. Labrador reminded him that the board must remain non-partisan. Mr. Labrador then thanked Mr. Van Fleet for the fine job he did revising the 10 point plan for the CCSO. Mr. Van Fleet thanked Mr. Labrador for his kind words, but stated the initial document was superb and he merely modified the points a bit. Mr. Van Fleet then proceeded to read each of the 10 points and received comments from the other members now and then. (Copy of the 10 points located in the agenda.) Regarding Point 4, Mr. Van Fleet stated that in discussion with CCSO, it was established that currently there is no such person/position at the CCSO. After Point 5 was read, Mr. Correa stated he didn't like the idea of "Spanish" literature because that limits the officer. Mr. Van Fleet concurred, but stated he also hope the literature would reach Hispanics at a very early age and encourage them to better their ability to read, write and speak English. Mr. Labrador stated on a side issue that he found a consistent lack of initiative to print information in Spanish. Mr. Gonzalez suggested they add the additional comments and an explanation to Point 4 and broaden the description. Mr. Correa went on to state that naturally they assume anyone entering the CCSO would speak English, but their parents may not. Mr. Cabral agreed that recruitment must appeal to the Hispanic community and target that community. Mr. Perez suggested they also wanted to recruit young people from abroad and get their interest. Mr. Labrador commented on a program that offers English assistance in Collier County, and Mr. Gonzalez commented that he thought Mr. Van Fleet was reaching for younger groups of recruits. Mr. Van Fleet then continued reading the remainder of the 10 points. Mr. Gonzalez asked how the scholarship referenced in Point 7 would be funded, and Mr. Labrador responded with grants, funds from other groups, and stated he would tell the CCSO where the money will come from. As a whole, the board thought the presentation of the 10 Points was excellent and very well done. Mr. Cabral commented his only concern was that the promotional opportunities within the CCSO were not addressed, because the CCSO is lacking in promotional opportunities. Mr. Correa said the Points did touch on it some, and Mr. Cabral suggested they write it in, possibly add it to Point 8. Mr. Labrador asked for additional comments and having received none, he moved this be approved, after additions to Point 8, and be given personally to the CCSO HR Director. Mr. Gonzalez seconded the motion, and it passed 7-0. Mr. Van Fleet stated he would make the changes and forward the document to Mr. Pettit for his review. Mr. Perez asked who is personally delivering the 10 Points and when would that take place, and Mr. Labrador replied either he or Mr. Gonzalez would take care of it. 5 r --q Ms. Pagan was to present a list of media information, but as she was not present (excused absence), it was noted that her list was presented to Mr. Pettit and was attached to the agenda. Mr. Labrador suggested Ms. Pagan could help disseminate the list and information, and Ms. Calkins suggested getting it to the CCSO for use in advertising. Mr. Correa suggested inviting those on the list to the next meeting for media coverage. He also mentioned that others wanted to be invited to the next meeting, including an environmental group that wanted to discuss fire prevention. Mr. Labrador asked Mr. Correa to please get the names of interested parties to Mr. Petti t. I 6 Il.C;)' '- Noticing the large number of persons from the public at the meeting and the lateness of the hour, Mr. Labrador asked that those with public comments please limit them to three (3) minutes each. A Mr. Rodolfo Puuaniyri introduced the first speaker who was Anita DePalma from the League of United Latin American Citizens (L.u.L.A.c.) who came to inform HAAB that as of tonight L.u.L.A.c. had formed the Naples L.u.L.A.c. Council. M. DePalma explained that their mission is to fight injustice and discrimination everywhere. She stated some of the needs of the community that the group would like to address are obtaining more translators, eliminating the Hispanic stereotype, and improving education. She informed the audience that the Executive Offices of L.u.L.A.c. were in Washington D.C., and she had considerable experience dealing with officials there. Ms. DePalma then introduced the new President of the Naples L.U.L.A.c. Council, Victor Valdes. Mr. Valdes gave a brief history of L.u.L.A.C. in this area, as it first started about 13 years ago. For some reason it died out and Mr. Valdes felt it needed to be brought back, especially with the resources and assistance now available. Ms. Matilda Garcia was the next speaker and she is a District Director with L.u.L.A.C. She explained it is a national organization and that she would be at a workshop in Clearwater on May 27,28 and 29, at the Biltmore and the group would have national speakers attending. Mr. Robert Canino was the next speaker and he commended HAAB on their work and efforts for the Hispanic community. Ms. Rodriguez then took the podium one last time, thanked HAAB, and again discussed bilingual CCSO officers and the need for them. Mr. Labrador told her he intended to speak with the CCSO on hiring and other issues. Mr. Perez asked if L.U.L.A.C. had a web page and was told yes, you could go to L.u.L.A.c.org Mr. Valdes then took the podium to ask about a letter discussed last meeting that he thought was on the agenda for this meeting. Mr. Gonzalez told him he had not received information on Mr. Valdes' history yet, but he did write a draft letter for the HAAB Chairman to sign. Mr. Valdes asked for a copy and Mr. Gonzalez stated he would rather wait until they had all their information and they would try to have the letter ready by the next meeting. Mr. Valdes said fine and could he give them all the evidence he had. Mr. Gonzalez asked if he would hold 6 1 6 i I-'C ~ off giving them documentation until the letter was finalized, they had resolved other issues, and they had talked to Mr. Pettit. Mr. Valdes agreed. Mr. Correa then referenced a newspaper article that he thought was coming out in the paper soon as he had granted an interview to a NDN reporter. Ms. Colli asked HAAB to please readopt the minutes from the January 27 meeting, as although the minutes had been approved previously, the vote was not registered in the minutes. Mr. Labrador moved to accept the January 27 minutes again, Mr. Perez seconded, and the motion was passed 7-0. Mr. Labrador moved to adjourn, Mr. Perez seconded, and the motion passed 7-0. The meeting was adjourned at 8:12 p.m. Prepared by Marian R. Colli, CLAS, County Attorney Office and HAAB Staff Liaison. 1'L--- Approved by the Hispanic Affairs Advisory Board on this ~i l ,2005. ~3fd day of VlcE-~h~ ~~ 7 1 6 r I.~C' 2 ~ NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISO~Y BOARD (HAAB) THURSDA Y, MARCH 24,2005, 6:00 P.M. Collier County Government Center Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail Naples, FL 34112 ******************************************************* NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774-8400, ** 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, FL 34112, (239) 774-8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. ****************************** ************************* AGENDA I. 6:00 P.M. Meeting Called to Order II. Approval of Agenda III. Adoption of Minutes from February 24, 2005 Meeting and Re-Adoption of Minutes From January 27, 2005 Meeting IV. Chairperson's Message V. New Business A. Guest Speaker - Anna Rodriguez, Past President of HAAB B. Invitation to Capt. Davis, Community Relations,CCSO C. Discussion regarding Need to Reschedule or Relocate September 22, 2005 HAAB Meeting Due to BCC Budget Hearing in Board Chambers VI. Old Business A. Report from each of the Board Members on assigned Agency B. Discussion of 1 o Point Plan for CCSO C. Discussion for Monday, April 18, 2005 Workshop and Report to Board of County Commissioners D. Hispanic Media Information VII. Public Comments VIII. Board Member Comments IX. Meeting Adjourns I 6 ~ 1";'C ::> ..,.. .- ~ -- c:= ,", Sofia Pagan l:.n 0.- , :JI: ,-.'- ....- :- 7471 Mill Pond >- z-. ;;:0 ~'-~ Naples. FL 34109 , n ~:''f)( 32. -76'C c W ~C .." -1 ..... :x 0__ - :D...- March 2. 2005 .. ZFr "', n: -< Michael Petit Attorney At Law Dear Attorney Petit: Enclosed you will find the list of the Hispanic Media. Please sent it to !Vir. Ernie Labrador. Thank You, Sincerely, -----:> C_ - Sofia Pagan --,-,_..~-~.".. ,..~."'"-----_..".- SOMOS Magazine Natalia Harding. Editor 5628 Shand Blvd. #B-5 Naples. FL 34110 Info(cv somoson line. com '-" Nuevos Ecos Newspaper Silvia Izquierdo. Editor 3375 Tamiami Trail East #300 Naples, FL 34112-4901 239-598-9313 into@nuevosecos.com La Naciones News Victor Valdes, Editor & Publisher PO BOX 10503 Naples, FL 34101 Tiempos de Sol Silvia Casavianca, Editor 4628 Tamiami Trail East Torre C Naples, FL 34112 239-775-6080 Ext. 320 mail@naplessuntimes.com Hispanic Yellow Pages Jerome Van Hook lIT 222 Industrial Blvd. #155 Naples. FL 34104 239-649-0255 hispanicyellowpages@earthlink.net A toda Marcha Rosa Castillo. Editor 180 Furse Lake #9 Naples, FL 34104 A, 16'1-;C;>'" --- Radio Fiesta David Hernandez 2105 Immokalee Drive Immokalee. FL 34142 239-658.1490 Media Vista Mayela C. Rosales, General Producer PO BOX 9304 Naples. FL 34101 139-254-9995 mayela(q}mediavista.tv Hispanic Chamber of Commerce Leonardo Garcia, Executive Director 10051 McGregor Blvd. Suite 204 FT. Myers. FL 33919 239-418-1441 hispaniccham ber@juno.com Enlaces Magazine Rocio Cuellar-Rocha, Director 239-772-2942 rociocuellar@hotmail.com Esencias lose Izquierdo Cruz 2430 Vanderbilt Bch Rd. #108-394 Naples. FL 34109 239-597-6201 esenciasculturales@hotmail.com Gaceta Tropical David Plaza, Editor PO BOX 1131 FI. Myers, FL 33902 NAP/rs u""iP~A.Jj~ C ).IA.lLtq,..,Q 0-= eo"",tRU.-tF ;.oe.. J '2'7~o ~ys,.,oe.v d>1t. u,.,;"'T- 5" L7~'", Fr""t:........ 34.J1, z 'PH. z~) 1'7...,- l/fop f:A,)T Z3..,. 77"1- q')".3 -~"-~-'-."- I t 6 il ..1 C 2. Estimado Miguel, Enclosed is a revised version of the recommendations, initially drafted by Emesto for review at our HAAB last evening. I have taken the opportunity to edit liberally, and to make changes that reflect as much inter-cultural sensitivity as hiring practices. Many thanks for your attention to this. Bm~ Dr. James A. Van Fleet 184 Spring Lake Circle Naples, Florida 34119-4678 '""b ::J: ~ ~ ...0 ~ ~ k ;jt: t..l " - 0(' C-..! <'1-: ~O' ..:b '11 -"'e e "'f-: :o~, ~rr, ."'(' ; , 16'IC,?'1 MEMORANDUM To : Collier County Sheriff Don Hunter From: Collier County Hispanic Affairs Advisory Board Re : Recommendations for Improved Relationships Between The Collier County Sheriffs Office (CCSO) and the Hispanic Community ON Hiring and Cultural Matters Date: 24 February 2005 In a follow-up to a presentation by the Collier County Sherifrs Office (CCSO) regarding hiring practices, Hispanic representation and the Hispanic community in general, the Collier County Hispanic Affairs Advisory Board (HAAS) wishes to accept the invitation from said Office to offer suggestions aimed at improving the general relationship between the principal law enforcement agency in this jurisdiction and an important - and the largest - minority group; that is, the Hispanic community. Accordingly, the following document is submitted for your consideration as a best effort of the HAAS toward that end. The HAAB thanks you and your Office for your consideration of these recommendations. I 6 ,_- · c ~ COLLIER COUNTY BlSPAJQC AFFAIRS ADVISORY BOARD fHAAB) RECOMMENDED TEN POINT PLAN TO IMPROVE THE RECRUITMENT AND DEVELOPMENT OF THE HISPANIC WORKFORCE WITHIN THE COLLIER COUNTY SHERIFF'S OFFICE (CCSO) Purpose In general terms, the purpose of this recommended plan is to develop large applicant pools that include qualified Hispanic candidates and those aware of Hispanic community concerns, for position vacancies at all levels. The plan focuses on three strategies: (a) to recruit openly and broadly for positions to be filled with candidates well-infonned in Hispanic community matters; (b) to nurture relationships with the Hispanic community and relevant academic communities; and (c) to develop a corps of employees of the CCSO at all levels cognizant of Hispanic community concerns. In specific terms, the CCSO is requested to consider as its goals the recruitment of a broadly diverse applicant pool for all positions, with an unofficial target of a 25 percent Hispanic representation that reflects the growth of the Hispanic/Latino community, by the year 2008, while providing current Hispanic employees with maximum advancement and development opportunities. Employment in General Point 1. The CCSO should adopt recruitment plans for all position vacancies, including the executive service and managerial positions, from all reasonable and available sources, preferably but not necessarily within State. The Director of Human Resources should grant preferred eligibility to all qualified candidates who have Spanish as a second language. Point 2. The CCSO should recruit at the ently level a Corps of Trainees paid at a different level to begin their work at sub stations. to become familiar with general CCSO activities and law enforcement in general. These Trainees would be required to attend training courses and undergo security and background checks in the anticipation that they will opt to follow a career within the CCSO. at which time they may be selected for regular service in same. Point 3. The CCSO should establish a type of intern program to recruit and develop groups of retired Hispanic professionals who would be willing to r.'.-.".-- 16,t- '.C2~ be located in field offices or headquarters to assist the CCSO in matters appropriate to the Hispanic community. These individuals would be unpaid volunteers. Point 4. The CCSO should consider employing a full-time Hispanic (or at least initially Minority) Employment Manager (HEM/MEM), or to assign a qualified CCSO individual to such tasks. This individual would oversee employment issues including hiring leading to the 25 percent Hispanic representation goal. and would help coordinate a Corps of Trainees program (and possibly the intern program), and have as his/her duties liaison with the regional Hispanic media for recruitment purposes, as well as general infonnational duties for the entire community. Point S. The CCSO should develop an appropriate Spanish recruitment literature and publication budget for its general Hispanic employment program goals might include modest allocations for related. travel. Additionally, the CCSO should consider developing high school organizations emphasizing law enforcement careers, mentoring programs for such, and possible relationships with colleges and universities offering law enforcement/criminal justice programs. including the Hispanic Association of Colleges and Universities (HACU}. Student EmpJoymeDt aDd Academic Relations Point 6: The CCSO should enhance existing contacts and relationships with local high schools and institutions of higher leaming. This goal might be considered part of Point 5, but should be highly emphasized in schools that have significant - if not majority - Hispanic student enrollments. Point 7. The CCSO should utilize high school and college cooperative education programs as an opportunity to bring students from diverse backgrounds into the workforce and to establish opportunities, such as the post- graduate Corps of Trainees recommendation. as a Cooperative Program for Students (CoPS) opportunity to foster careers in CCSO. Moreover, where grant opportunities exist at the Federal and State level, such programs could form the basis for fmancial assistance that might, in part. help students pay tuition and related. costs for any training or higher education programs necessaty to pursue such careers. Additionally, some fonn of scholarship fund to meet overall minority hiring/ career goals might be established as well. 16'nl~C2 Career Development Point 8. The CCSO should encourage its employees to apply directly for career development programs, and should ensure a substantial Hispanic participation in this activity by developing some form of mentoring. For individuals of other cultural backgrounds, the ability to speak Spanish and have recognized familiarity with Hispanic cultural phenomena or cross-cultural awareness should weigh heavily in their favor in terms of advancement and career development program candidacy. Point 9. The CCSO should establish a program to raise aWareness among all supervisors to recognize Hispanic hiring goals, and should monitor progress toward such, possibly through the new HEM position described supra. Point 10. The CCSO should compile data and report quarterly or semi-annually to the Sheriff its progress on all recommendations, and courtesy copy the HAAB with its findings. r Fiala Halas Henning . Coyle COLLIER COUNTY HISPANIC AFFAIRS ADV~ MINUTES OF THE APRIL 23, 2005 MEETING* HELD AT THE JUBILEE VILLAGE ACTIVITY CENTER, IMMOKALEE, FL *(as amended per approval at May 26, 2005 meeting) . OJ Present: Absent: Raymond Cabral Susan Calkins David Correa Manuel Gonzalez Ernesto Labrador Cosme Perez James Van Fleet Sofia Pagan (excused) RE AllG ;: ., .r- 0 ~ "'l t:.. '. -'\305 .~ '- '-"I" -'I 'v Cornrfi~s~j~Jnc~rs 6oarO of ",_,,\.JlJl, :1 Also Present: Richard j. Nogaj Jubilee Village Sgt. Dennis Perry CCSO Victor Valdes Note: Proceeds of this meeting were recorded given there was neither a recording Secretary present nor Mr. Michael Pettit. Mr. Emesto A. Labrador would make notes on Motions, Seconds and Votes. The April 23, 2005 meeting was called to order at 1: 15 p.m. Mr. Labrador reminded the members of the Board of provisions of the Sunshine Law. Mr. Labrador stated that Mr. Manuel Gonzales would chair this meeting. Mr. Gonzales made a motion to approve the minutes of the March 24, 2005 meeting, motion seconded by Mr. Correa. The motion passed 7-0. Next Order of Business Chairman's Message: Chairperson's Message Civil Rights for Hispanics are not now and never have been a "black and white issue" for Latinos. ......... ,....,~......-----.. ~'\l't'lIIl'I~-~_...~!' C~vil Rights involve. all of us, each one of our childrenr70tlr,:paren~s:-Ollr'rerahVeS7"Otif--:::":~~~. fnends, our commumty and us. MiSC. Cones: I I ~ r O~;fp. ; i' ~-.... : I; I ltc:...'1 5 c(,.,:,,,. T'''. ~ I..,tJ:\...,.;j ';J. ~'....-".~.1I~"'!', "~. _. _'~-'v'-l""''' ..:;'.:...a.....-..t'... ---.......---""..-..- -.-----.....--....-.,-,.-___'......._ _.. ',0",," v ~ -".....'....;.........oJtt'"lA~llI"~..~.., .~Qi;'C:.Xlr~l~.it'.:,l.. . v" 1 r-'-'---"-~ We cannot afford to dismiss Civil Rights for Latinos as struggles that have already been addressed or do not include us -- especially not now, as our numbers increase and our population grows. I ~ II/ole 2 'l We are the youngest and fastest growing minority in this area. As a group, we have the most children, the lowest per capita income level, the most dismal living situations, the least access to affordable health care and the highest dropout (no, push out) rate in this growing county... and unless we are willing to get involved as we have started to do, to be a part of the solution, it can only get worse. There is no gray area. Whether we like it or not, those who are not familiar with the nuances of the HispaniclLatino citizen do identify us as foreign... As Latinos, we all run the risk of being identified as undocumented. Those who see us as a group do not know until I open my mouth and speak my parent's mother tongue that there is no definitive description of a Hispanic/Latino. Because we share a common culture, heritage and language (even if we do not speak it), to the "visitors", and uneducated or uncaring the non- Latinos, we all look alike. We have seen African Americans, who we should consider our allies, placed in positions of authority and we have felt and perceived them as the "gatekeepers" of an entrenched establishment that encourages them and us to fight over crumbs. Well crumbs will not satisfy us any longer. As our numbers increase, we must be vigilant so that our own people --- our next generation -- as the new largest most prevalent minority, do not become treated or perceived as a throwaway population of underpaid, undereducated, and overburdened workers. Now is the time to form coalitions, not rivalries! As a passionate Civil Rights advocate for the Hispanic Community, I believe that we have the right to live and migrate (not immigrate, migrate) anywhere we want, to work anywhere we want, to be treated in any hospital or by any doctor we want and can afford. If we cannot afford paid for health service we somehow should make it available. Passive discrimination is as bad as overt discrimination. To do nothing, because of a lack of money, or lack of vision is shameful. I believe that we have the right to go to whatever school we want and to have adequate representation we have a right to be tutored to learn the language of the country and to be competitive for all education benefits. We will soon see the unequal results of inferior education. We have a right to responding emergency workers who know and understand our language and culture -- and we are working in that direction. We also have the responsibility to learn the customs and language of the United States. 2 t"_. 16,ll~C2 The state of Latino Civil Rights in this area is hopeful, though nowhere close to being perfect. Latino Civil Rights involves respecting the rights of those who are different. What is all this leading? I as chairman of the Hispanic Affairs Advisory Board I request that the HAAB authorize me to ask the Board of County Commissioner to broaden the powers and duties of the HAAB, by changing the Ordinance which created it. To Wit: 1.) To become a Civil Rights Council for the Hispanic and Latino Community. 2.) To establish a Minority Human Right Council to ensure equal access to employment, housing, public accommodation and education. 3.) This Commission to have the authority to conduct hearing, to conduct investigations and to make recommendations to the Board of County Commissioners, the Sheriff's Office and all other agencies within Collier County. 4.) Receive complaints from the minority community and ensure that all persons from the Afro-American and Hispanic community have remedy to charges discrimination in Collier County. 5.) The Commission should establish a Civil Rights Council made up of 15 members appointed by the Commission. 6.) The membership should be made up to have parity with the population percentage. 7.) Each elected office in the county should establish a liaison with the Council. 8.) Council should be funded by the Commission. 9.) Council should have investigative power. 10.) Has the power of mediation on complaints. 11.) Bring issue to Court. If necessary. I am reminded also of the proverb that states: "Evil abounds when good men and women do nothing". I am here today to tell you that evil will not and cannot reside in our community. We are not going to tolerate the evils of, bigotry, racism, discrimination and prejudice. We -- you -- this Board have shown that, by coming today to be educated and to educate others with your own experiences. We have come to show that by becoming involved. We are good men and good women who are willing to do something, even if it means that our first step is small. End of Message 3 _....._,.r-- 16 I J C 2.' Each Member made comments regarding the Chairman's message. Consensus of the Board was that the mandate for the HAAB should remain as is. The Board is and should remain a conduit for information and ideas presented to the Board of County Commissioners. Susan Calkins: stated that an organization called the Collier County Non-Discrimination Coalition had goals very much like those present in the message. There was some conversation alluding to sensitive issues regarding gay rights, which are incorporated into their focus. Mr. Labrador suggested that the Chairperson of that organization or a representative be invited to present facts to the HAAB. Mr. Perez spoke about keeping the HAAB on track with its original mandate. Mr. Labrador stated it was very difficult for the HAAB to have an impact without broadening it authority. Dr. Van Fleet agreed with Mr. Perez and those we be an affirmative advocate for the Hispanic Community. Ms. Calkins suggested that there be hearings on this issue. Mr. Labrador stated that most agencies would rather conduct business as usual, maintain the status quo with the Community the loser. Also that Commissioners Fred Coyle, Donna Fiala, and Jim Coletta have suggested that the HAAB ordinance be changed and broadened with members presently reassigned to a "Civil Rights Board". New Business: Mr. Gonzalez made a motion to approve the agenda. Mr. Correa seconded the motion. The motion was approved 7-0. Mr. Gonzalez made a presentation on the Human Slavery Issue. (Please refer to tape for details) Guest Sgt. Dennis Perry, CCSO invited to make a presentation. His presentation set in a Power Point. Please see attached document. Issues of hiring problems, distribution of brochures and affordable housing for employees were discussed. Dr. Van Fleet spoke to number of certified officers. Mr. Labrador spoke to qualifications. Mr. Perez offered a translation service. Mr. Cabral spoke about festival on May 7th, 2005. Mr. Labrador spoke to funding, staffing and goals being set (refer to voice recording for details). Agenda item V. A. - reports from board members. Mr. Gonzalez called for reports: (Recording available for details of report-only summary given). Mr. Gonzalez distributed information to each board member from periodicals. Dr. Van Fleet offered a draft of report to be issued in August 2005 on the state of Collier County Schools as it relates to the Hispanic Community. Report attached as well as questions. Ms. Susan Calkins spoke of a Comprehensive Diversity plan being developed. Mr. Cosme Perez reported on his meetings with Mrs. Merritt from the County Human Resources Department. (Please refer to tape for details.) Mr. Cabral spoke to meeting with Mrs. Casablanca on Health Care issues. Spoke about May ih festival for the Hispanic community (Please refer to tape recording for details.) Mr. Labrador spoke about conference with Capt. Davis Community Affairs for CCSO Expectations and Impatience. 4 '"'-'1 Agenda Item V. B. was tabled by voice approval. 1 6 fll. C 2 Agenda Item V.c. was tabled by voice approval. Agenda Item V. D. - Member's Expiration. Ms. Calkins stated she would not re apply- Mr. Labrador encouraged her to reconsider. Old Business. Tabled to next meeting by voice approval. Mr. Labrador spoke to issues of Victor Valdes letter tabled until next meeting. Mr. Gonzalez spoke of conferring with Mr. Pettit concerning redrafting of letter. He also explained that Board could not be the mediator of this issue, only to introduce Mr. Valdes to the proper Agency and he (Mr. Valdes) to offer all information. September 22, 2005 meeting issue was tabled to the next meeting by voice approval. Guest speaker Richard Nogaj made a presentation regarding the Program and development of Jubilee Village in Immokalee. Indicated a tour would be available after the meeting. Mr. Gonzalez made a motion that the meeting be adjourned. Mr. Labrador again reminded HAAB members of provisions of the Sunshine Law. Mr. Correa seconded the motion to adjourn. Motion passed 7-0. Submitted to the County Attorney Office for the record is 1. Tape Recording 2. Report from Dr. James Van Fleet 3. Report from Sgt Dennis Perry CCSO 4. Copy of Festival Flyer 5. Letter regarding Ms. Calkins (correct prefix) Prepared by Ernesto A. Labrador, Chairman of the Collier County Hispanic Affairs Advisory Board. ~ Approved by the Collier County Hispanic Affairs Advisory Board on this ;;).(, day of tVl~'1 ,2005. '-f~ VLGC-HAAB hairm 5 _~_."~""<__~~e...__.._~.__........_".._~,_."..___.,.,_. '"'__"_'~_"m..._ ~_. I t 6"' J"C " '- AMENDED NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) SATURDAY, APRIL 23, 2005 1:00 P.M. TO BE HELD AT JUBILEE VILLAGE IN THE ACTIVITY CENTER 1312 West New Market Road, Immokalee* (see AMENDED directions below) ******************************************************* NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774-8400. ** 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, FL 34112, (239) 774-8380, ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2004-05, re..suires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County C~ssioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. ****************************** ************************* I. II. III. IV. V. VI. VII. VIII. IX. AGENDA 1 :00 P.M. Meeting Called to Order Approval of Agenda Adoption of Minutes from March 24, 2005 Meeting Chairperson's Message New Business A. Discussion of Members Submitting Reports Regarding Agency Assignments. B. Discussion of Dates for May 2005 Workshop in BCC Chambers (Thurs., May 12,2005; Mon., May 16,2005 or Wed., May 18, 2005 at 6:00 p.m. C. Discussion of Proposed HAAB Goals for 2005-2006 offered by Dr. VanFleet D. Discussion of 3 Members Expiration of Terms in June 2005 Old Business A. Discussion Regarding Need to Reschedule or Relocate September 22, 2005 HAAB Meeting Due to BCC Budget Hearing in Board Chambers Public Comments Board Member Comments Meeting Adjourns *AMENDED Directions to Activity Ctr @ Jubilee Villaee from the Collier Cty Govt Ctr: Go North on Airport Road (CR31) to Immokalee Road (CR846). Go East (take a right) on Immokalee Road until Main Street. Turn Left onto Main Street. Follow Main Street until Lake Trafford Road (CVS Pharmacy on corner). Turn left onto Lake Trafford Road. Follow Lake Trafford Road for approximately 1 mile to the Activity Center on the right hand side. -'-" I 7/~~;~)t/f.~~\ ' )~ 4Mar:c~. $~P41>.,P.^.~, ,', .' , ',' Abl.lgadoGeneral :(." , . ~~.""H.~461,'.~n."'!N. OtWNtoIO>>~IW';~+tHOl;O" .. 'So: ""~'" ..po-ior ' ;" N ~,;:rLES !~%."t;(r.1.I Naples Injury Center Inc. :: (239) 793.3136 ~I , -f ;,. -l Lo i~vitan aceiebrar el Pr'i mefi Festifla/ de /a Familia Latin-Americana en el Golden Gate Community Center 4701 Golden Gate Parkway Musica por: · DJ Rafy ViJJa)ona .. SPD (Sangre PIlta DOininicana) · Julio Santiago · Barbara I.Ja Guzman Sdl1<<ao MallO 7'" '.', 2005...... ,,7,. ..1 ' " 2-6 p',' ;jim, '.. ... . · Comida tlpica .. Juegos · Musica latina · Pl1estos de negocios '* Examenes de SaJud :,::";~::::' y macho mas For Additional Info please call: 775-6080 ext. 320 ... . ........ SPONSORED BY: La. GuZtt'alt: .' 'fi1lI' ,:,.W':';::::,::::, ':':'::::\~":'~::;:;:':'::::.~:1:":':;"":<,,:::, '..>;~ ,:f.'" 4.~~1e'~is, :.~~g~cOu~ iij~ 4li '. ,.' ~M~t~,239~i~~~31', :.~.~:'.. . '~' /":.': 8a[lO, Te.ev,...oll ,i.,'",.~. 11., ~itIi , . ,'~,' . ';~( , ;:' \{ (Z39) 601-0049 Hq '.lmp.1~~' u"'I'''RAlH~1t[-Co-:r-s i: ~- .". ..::ax ;r;<<~.;tiw;.:~[.H.<>:?o.;'l-.i4i:~ RII.U ut .Ift nlllil" I. CMdel1 Gate Publk Librarv .';:: T.:~~>:;,."",.i~i~';;;""~ , (239) g524750 , . . ,.' "1....- <., '" {, (239) 774-S200 ' 'I. II .., ' . ' S.<'lGnl"h., !?r,')(>h; .<.4.tnl Fair , '. ' ~,:r , ...' I en . ,st,~~da ~e~lty, hac. .'.'., ,. . ,. :.....):,:,}~:::}.','::.:.':"., (1.\9)4$$-1441 :"".t ifY'f>. . (1)9)35,,,.7.:.00 fl,""', 1<S>'~~::""iW~~~~M.~i , ,." ..",' :','r=.;~. i2:~~nV:ttiNt AI:re Tahltlim,' , ~.., ~~~~t j'F ~'''f'F'''~'''" ~"" :" 'q:,:: {-'nWdl(!irfl,;m's(!ge.'.~':'lirte'~~flf ..' ...r,:,,,.,.,,,,,",,,,, " ,N. ~,.NI JUIC.. E .~~'. ,"" ,tl.~.,. ' ,XC",""""" . . :.. " 1<~4JXfS~f~ Robery> Lopez ,r.:",,,, Tzqu,,:,,do ~E~': ~"b'lI:d" " ~ '. . "":::: ~~{'l'd.t~4.di~ .' 'N>>t.esLAN6U~'=05f1'''. (p~39"28d9-6493'a1 ,{239'352=~ .'''':",.~239)5~.7_9,\i9 , (\~~~n: _ '(239) 262.6462 .'. . 1'U entl ..... ' '~ )'::' , ~ (239) 263.742J ' . " " FI!)ridA WCI RelIlty. , ' r".,.",. " ;~ .-:4i8M,~ D ,,*C~ntr~ ClfltlU'aI , "CV~, (139) 793-2225 ',' " ,~~~~ UIUCltv. ^~~eriqtn.ijcart" EsenCI3S, ,',' ' &@roo~~." . ':. '~"" ....;*~- ~~~ioJl..V" (239)45S_6605 8QT~;~GlFT9NQl' " ~ (239) 49R-9288 ' ~._ (~." . ' .....'. ." ..' ~ "". , ... ., ' . 'll'8\1l Blah , l~~k~t{;ll' }mperial ~~at 14, _....:'~'., ,. .~ . ,EDISON COILEGE ,~\lUb-....::.Ii'tQ Nai"taCard~, Butcher & DehShop :;1''''L:1."fvRA6~5I:; ["'9' ") 712-3700 .~.'1\1" (Z:~~},"I;::X"~lZf<i< .;... (23'3) 354-.'.' 3'1)<.}7 ("~9) 435' I'p() . <1':>>!{,,'ct:J(''''-:1,~~."'1 . \.L.">. ";", "~ V l-{>J.t-J:ull'>>: [osrtronH! \L..J '. _....- I - .. '-_\.;IIY.:1:r....."' -.~ua."'_\\""'\: 'f'...._"_,,...,,~,." "^'''...___.____.''''"..._",_"*__ ..."'''..'~.','~_ '-.'T'--- Pl3~o/W~ w~ W~ 3301 East Tamiami Trail- Naples. Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 Donna Fiala Dis1rict1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 March 25, 2005 Mr. Susan Calkins 740 High Pines Drive Naples, FL 34103 ~ ~ "'- Qr ..~-- ~~.! <.~ ::;1 ( '-: ~n:, :::..1 ~' r-- I '-.) , .:tJ~ ~!~~" RE: Hispanic Affairs Advisory Board "-.l ():) -0 :J: Dear Mr. Calkins: C"Jo .;:;~ Your tenn on the above-referenced advisory committee expires on June 25, 2005. In accordance with the Advisory Board policy, the enclosed press release has been sent to the appropriate news media. We appreciate the time and effort you have put into the activities of this advisory committee and would like to advise you that you are eligible for reappointment. If you wish to be considered for another term, please complete and submit the enclosed application to this office by the April 15th deadline or you can access our on-line form at www.colliere:ov.net. If you have any questions regarding this procedure, please do not hesitate to contact me at 774-8097. Sincerely, /sf Enclosure cc: Michael Pettit, Chief Assistant County Attorney '~""""-""'"-_.' , To MEMORANDUM : TheHAAB , \~ : Dr. James A. Van Flee~~ : Liaison with the School District: A Preliminary Report 1 6 rl t" C 2. I 7 From Re Date : 23 April 2005 Pursuant to my assignment as liaison with the Collier County School District, I developed a framework for a report which would focus on the following issues: high school Hispanic enrollments in general; drop out rates/program completion rates; academic performance; District and community supportive activities for educational excellence; and ancillary activities supportive of academic accomplishment. The rationale for this framework was simple. In order to develop a Hispanic cohort of young persons qualified for employment in public sector positions, it is necessary to investigate the underpinnings of employment; that is, proper academic preparation. I anticipated that the Collier County School District would be forthcoming with information for such a report, and accordingly I developed a questionnaire soliciting information; made an appointment with Mrs. Debbie Terry, as per the recommendation of Michael Pettit, esq.; and met with her to begin information gathering and to obtain references for interviews with others. Due to her time constraints, she indicated that she would have another person contact me on or before 20 April 2005 with reference to answers to the questionnaire. On 22 April 2005 through an e-mail, a terse response was received by Ms. Marie Irwin. Although it is my intention to follow through on more complete responses to the questions asked, there are a few issues that should be brought to the attention of the HAAB at this early date, based on information from a Naples Daily News article of 22 April, the responses to the questionnaire, and other data gathered from my beginning work on Impact Fees for educational facilities for my activities on the Collier County Govemment Productivity Committee, on which I also serve. In the first instance, the Daily News has reported that by 2010, some five years from now, Collier County will have nine new school facilities. Current enrollment is growing by some 4 percent per annum, meaning that by mid-year 2010, there will be about 52,000 students in the t 6 \ , I. C 2 ~!I . :1 ... system, compared to 42,500 today. Another report indicates that the number of new schools just beyond that time frame will reach twenty- two. Note that in the latter figure, no accounting is made for the Town of Ave Maria, which will have at least 2,000 new homes by 2008-09. In the second instance, Hispanic enrollment in the high schools alone at present is 38.7 percent of the total. However, high school drop-out rates are high, with 51 percent of the tota1leaving school being Hispanic. In brief, then, Hispanics are not likely representing their proportionate share of elementary and middle school students, when moving on to high school, implying they are leaving school by around age sixteen; and then are dropping out in large numbers before completion of high school programs. The questionnaire developed had a total of fifteen questions, five of which focused on Supportive Activities. None was answered by the District representative. The two questions on Fostering Progress had terse responses, in effect that the community should do more, and the two questions on Teaching went unanswered. My question on academic performance, as measured by SATS, et al, was not answered directly, but I believe that the response would not have been encouraging. Resultantly, I believe that there are several preliminary conclusions that can be drawn: 01. Hispanic students are not given particular attention or support in their academic and/or co-curricular programs. 02. The School District does not go the extra step to assist the Hispanic community, despite its size and growing if not already overwhelming importance in the overall school system. 03. Hispanics are not exiting school with diplomas in sufficient numbers to be classified as prepared for the public or private employment market. 04. Hispanics are probably not exiting school with credentials for college, let alone financial packages ensuring college educations. 05. Collier County Hispanic students thus have few chances of becoming teachers or other professionals in the Collier County School District. 06. The future for today's Collier County Hispanic high school students is bleak at best. I have not spoken with Mrs. Terry regarding her Jobs Fair last week (Monday and Tuesday, April 18 and 19), but it will be useful to find out how many Hispanic teachers have been hired for the coming year. As I 1~nl~2" the school population grows dramatically by over 1,700 yearly, the percentage of Hispanic teachers seems to be slipping ever further behind. Perhaps Mrs. Terry's figures will prove otherwise, but it is doubtful. I must report as well that following a conversation with Michael Pettit, I initiated contact with the four colleges serving our area; that is, Ave Maria University, Edison College, Florida Gulf Coast University and Intemational College. A questionnaire relating to Hispanics in their institutions was developed, with a request for the names of appropriate contacts for interview purposes. A lengthy letter explaining the HAAB and my interests was sent as well, but since those letters went out not more than a week ago, no responses have been forthcoming as of yet. In concluding, I should mention that my work on the Collier County Productivity Committee gives access to the School Superintendent and the Board members, which I plan to utilize for purposes of developing more in-depth information on Hispanics vis-a.-vis the school system. I intend to pursue another avenue of inquiry; that is, legally binding agreements relating to minorities in the school system. t-..._'-- t 6r-' i 'f 2 l' i . . HAAB QUESTIONS FOR THE COLLIER COUNTY SCHOOL SYSTEM GENERAL 01. What are the Hispanic high school enrollment numbers, in absolutes and percentages? 02. What are the Hispanic drop out/retention rates, by high school year, in each of those high schools? ACADEMICS 03. What data are available on Hispanic academic performance by such measures as SAT scores, among others? 04. To the best of your knowledge, are there any scholarship programs available that are aimed at Hispanic students for college studies? 05. Do high school counselors have information available for students inquiring about finances for college studies? 06. Are "college day" programs supportive of Hispanic student enrollments; that is, do colleges come prepared to encourage Hispanic students to apply, with financial aid package information available to them? SUPPORTIVE ACTMTIES 07. What programs exist for mentoring vis-a.-vis career pursuits, such as Future Teachers of America (FTA), for all students, at the various high schools? 08. What are the rates of participation in these activities among Hispanic students, vis-a.-vis others? 09. Are there any restrictions on the formation of such clubs or associations, using school premises? 10. Are such clubs and associations supervised/mentored by teachers and/ or professional people from the community? 11. Are there any community-based organizations that have particular interests and support for the academic and professional pursuits of students from minority groups such as Hispanic students? FOSTERING PROGRESS 12. What would your recommendations be to improve Hispanic student performance, looking at family/home, the community and its civic structures, and the school system? ,. ---- ,- - - '''..~.'--r---' 1 6\, I "c 2 ~ 13. What would. your recommendations be to improve Hispanic heritage persons' involvement in educational pursuits at the secondary and collegiate levels? TEACHING 14. Would you have any specific recommendations for the Hispanic Mfairs Board regarding the employment of persons of Hispanic backgrounds in the school system? 15. Lastly, are you aware of any State or Federal programs that would provide funding for any of the activities described or implied supra, in which grant applications could be made to assist the Collier County School System in its tasks? Dr. James A. Van Fleet 184 Spring Lake Circle Naples Phone/Fax: 239-348-8162 E-Mail: iavanflee1@msn.com .'..-,.-' t 6, , 1 tiC 2 ': HAAB QUESTIONS FOR THE HIGHER EDUCATION COMMUNITY GENERAL 01. What are the Hispanic college enrollment figures at your institution, in absolute numbers and percentages of total enrollments? 02. Do you have any data on drop out/retention rates for students completing your academic programs? ACADEMICS 01. To the best of your knowledge, are Hispanic students able to get federal, state and other financial assistance in sufficient amounts to complete your college's academic programs? 02. Do you have any specialized staff or others advising on fmancial assistance for Hispanic (and other minority) students? 03. Are there any special scholarship or grant programs earmarked for Hispanic students at your institution? 04. Are there any special mentoring or related programs for Hispanic students (and other minorities) to help in retention and graduation? 05. What would your recommendations be to improve Hispanic student performance, looking at family/home, the K-12 system, and the community and civic structures at large? 06. What would your recommendations be to improve Hispanic heritage persons' involvement in higher education pursuits? 07. Would you have any specific recommendations for the Collier County Hispanic Mfairs Advisory Board (HAAB) regarding any aspect of the issue of Hispanics in education in general? 0) u E o en &:: -- s..- O) ..c en ~ I c: :J o () s..- O) -- o () Q)~ ..c .- ........ c: ..c ::J ~ E ;: E Cl 0 c: U .- ......, (.) 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HELD AT THE COLLIER COUNTY GOVERNMENT CENTEi~~ C~1?"[~, THIRD FLOOR, ADMINISTRATION BillLDING F, 3301 EAST T AMIAMI TRAIL, NAPLES, FLORIDA Present: Absent: Raymond Cabral Susan Calkins David Correa Manuel Gonzalez (arrived at 6:19 p.m.) Emesto Labrador Sofia Pagan (left at 6: 15 p.m.) Cosme Perez J ames VanFleet RE.CEJVED AUG Z J 2u05 Board of County curnmissi( Also Present: Michael W. Pettit, Staff Liaison for HAAB, Chief Assistant County Attorney Mr. & Mrs. Victor Valdes Mr. Johnny Restrepo (Publisher/Editor of Paisano Times) Ms. Jeanne Brooker (President, Collier County Non-Discrimination Coalition) Ms. Kathleen Slebodnik (Vice-President of the Collier County Non-Discrimination Coalition) J ames Corliss The May 26, 2005 HAAB Meeting was called to order at 6:05 p.m. by Chairman Labrador. Chairman Labrador moved for agenda approval and his motion was seconded by Mr. Correa. The motion carried 7-0. A copy of the agenda as approved is attached. Mr. Correa moved for approval of the minutes of the April 23, 2005 HAAB Meeting and his motion was seconded by Ms. Pagan with stated amendment to the minutes. The motion carried 7-0. Ms. Pagan announced that she would be resigning from the HAAB. Mr. Labrador observed that Ms. Pagan had been a dedicated servant to the HAAB. Thereafter came a presentation by Ms. Jeanne Brooker and Ms. Kathleen Slebodnik from the Collier County Nondiscrimination Coalition. Ms. Brooker provided background on why the Coalition was formed and also provided a brochure and executive summary of an ordinance the Coalition intends to bring forward for consideration by the Board of County Commissioners (BCC). Ms. Brooker described the inCident that precipitated the creation of the Coalition which involved the shooting of a black man in River Park by the Naples W.c;.~:'mi"~~m::'~~::=.~~~~,!:::! reported that a police review board was formed and that a human rights ~)l'dinanc~~as discu.ssed""""''''''-'''. and proposed. She described the resolution ultimately adopted by the!' BCC asl\~~:&ftnB~se. She pointed out that there were no enforcement or investigation mec~nisms contained in the ; ,,~ ~'(~. to l,;\'-;.I.'JiII \ 1 j~ I' lit: :;.:: " , ~ Co;:ics To: ,~ ':'~;.,~;~~~......., ,',,- ..._." ..' ... ... .'~" _.... ..___ ....~, _.__:..;.. ,.......~.....'.',...Vw-..~,.,.~....,.. ....."..:t:~~,.~~~~~~Wv.~7:..~~~:~. -'~ ~ -....&l I 1 6 ,II 'C.2 resolution. A copy of the brochure provided to the HAAB is attached to these minutes. Ms. . Brooker reported that the Coalition felt that local problems needed a local ordinance and a local solution rather than referring all problems to state or federal agencies. She stated that the Coalition is in the process of attempting to broaden the numbers of people it includes and also to document the need for such an ordinance and she solicited the HAAB's help in this regard. Ms. Slebodnik then spoke and stated that there was an actual model ordinance and that she had available an executive summary of that ordinance. A copy of that executive summary of the ordinance is attached. Ms. Slebodnik noted that the ordinance attempted to address four areas involving discrimination in housing, public accommodations, employment and education. She stated that one of the goals of the new ordinance would be to create a council with staff members. Ms. Brooker also spoke again and stated that the purpose of the ordinance was not to condone or endorse a particular lifestyle but simply to address discrimination. There followed numerous questions from HAAB members. Mr. Perez asked whether the Coalition currently included any Hispanic group and was advised no. There was a question as to who drafted the ordinance. Ms. Brooker stated it was by committee but that there was substantial assistance from the American Civil Liberties Union and a Ms. Karen Daring (sp?) of the National Center for Lesbian Rights. Additional questions and substantial discussion followed concerning membership in the Coalition, provisions in the proposed ordinance, viewpoints of HAAB members regarding the sexual orientation provisions in the proposed ordinance. There was discussion about the potential for HAAB to become a member of the Coalition. HAAB Liaison, Chief Assistant County Attorney Michael Pettit advised that it was not clear that HAAB could join as an organization yet another organization. Nevertheless, HAAB could invite proponents of the ordinance to return once the ordinance was in its final form and HAAB could pass a resolution either recommending or not recommending adoption of the ordinance to the BCC. HAAB members were advised this was a preliminary opinion by the Staff Liaison. The next item on the agenda was the question of the list of Hispanic media provided to HAAB by Ms. Pagan. Mr. Labrador stated that this item would be continued. The next item on the agenda under Item VLB. was discussion of the June meeting date change and the meeting was determined to be continued to be held on June 23, 2005 with the possibility that Staff Liaison would not be available. The next item discussed was the terms of various HAAB members. This item was brought up by Staff Liaison for planning purposes. Mr. Cabral stated that he had reapplied for HAAB membership. Ms. Calkins recognized that her term was expiring on June 25, 2005 but she was not going to reapply. Ms. Pagan had previously resigned earlier in the evening. Ms. Nelson's spot remained to be filled. Mr. Perez had not yet reapplied although his position was coming up on June 25, 2005 but was encouraged to reapply by other members of the HAAB. The next item of business came under Old Business VILA. involving a draft letter to the United States Department of Justice concerning Victor Valdes. The draft letter as originally 2 t 6 '1 ,., 2. presented to the Staff Liaison appeared to go beyond the original vote on this matter. The Staff Liaison suggested a number of changes and these changes were voted on and approved by the HAAB with Mr. Labrador making the motion with Mr. Gonzalez making the second. The motion carried 7 -0. .. ., There was then clarification that in July 2005 the HAAB would not be meeting. The next item for discussion was Item VII.B. involving the goals of HAAB and the role of individual HAAB members. A copy of Dr. VanFleet's work was considered and approved. This approval was by a vote of 7-0. Mr. Perez making the initial motion and Mr. Gonzalez seconding with the qualification that there may be amendments in June. There were also oral reports. Mr. Gonzalez related his work with the Collier County Sheriff's Office (CCSO), Dr. VanFleet related his work with the School District, Mr. Cabral related his work with Health Care and Mr. Labrador related his work with the CCSO and particularly with Captain Davis of the Sheriff's Community Relations. There was some discussion about the advantages/disadvantages of Sheriff's deputies being given incentives to learn Spanish. The goals drafted by Dr. VanFleet are attached to these minutes. The next item of business under VII.C. was the scheduling or relocation of the HAAB meeting for September 22, 2005. It was determined that the meeting would be held at the Golden Gate Community Center if possible and the Staff Liaison committed to investigate that possibility. The time for the meeting would remain the same. There was also discussion of the draft reports that may be forthcoming respecting goals and the work being done by individual HAAB members. There was also discussion on a question raised by Mr. Labrador concerning the mailing to a number of churches of the HAAB agenda and the cost for such mailing. Under Public Comment, Mr. Victor Valdes made a presentation and submitted documents to HAAB in his role as President of L.U.L.A.C. of Naples. Those documents are attached to these minutes. Mr. James Corliss spoke about making deputies learn Spanish possibly in response to disciplining. Following further discussion on these public comments, the meeting adjourned. Prepared by Michael W. Pettit, HAAB Staff Liaison, Chief Assistant County Attorney. Approved by the Hispanic ,2005. 3 t 6t11 ~ C ~ NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, MAY 26, 2005, 6:00 P.M. Collier County Government Center Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail Naples, FL 34112 ******************************************************* NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774-8400, ** 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, FL 34112, (239) 774-8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. ****************************** ************************* I. II. III. IV. V. VI. VII. VIII. IX. X. AGENDA 6:00 P.M. Meeting Called to Order Approval of Agenda Adoption of Minutes from April 23, 2005 Meeting (with discussion of any amendments) Presentation by Jeanne Brooker, President, and Kathleen Slebodnik of the Collier County Nondiscrimination Coalition Chairman's Message New Business A. Discussion of Sofia Pagan's List of Hispanic Media B. Discussion of June Meeting Date Change Old Business A. Discussion of Draft Letter to U.S. Dept. of Justice re Victor Valdes B. Discussion of Proposed HAAB Goals for 2005-2006 Offered by Dr. VanFleet C. Discussion Regarding Need to Reschedule or Relocate September 22, 2005 HAAB Meeting Due to BCC Budget Hearing in Board Chambers Public Comments Board Member Comments Meeting Adjourns ~- -~'-.I t 6 It'''C ~ __0\ ~ --I ~ ~ t.,. ""v'""~{: ~ Sofia Pagan 7471 Mill Pond Naples, FL 34109 ~3'f)'7 32. '7atrO March 2, 2005 Michael Petit Attorney At Law Dear Attorney Petit: Enclosed you will find the list ofthe Hispanic Media, Please sent it to Mr. Ernie Labrador. I,. , ' Thank You, . ~ "- ~ .- 0--.. {';r~~- ",_ I ~ 0 ~~ --~- - .t .....",.,.,., Sincerely, ~ Sofia Pagan ~ c:::. c:::. Q1 ::c >- ;:;0 I W -- '-.,; Or, ~ '~.' ,-_-'I- z-n -l-- .jCj -.r- -0 :x !'., ~ " ~~~7 f ~-~---- .~- ~~~;~ ~M-Z - /I' '" j'r - -~~ .~--- .-- _.=~~,-. ---1' 7.............. _ ___,-_~--:'-":..-: .~'_<. 0, . -,'<',-"- // SOMOS Magazine Natalia Harding, Editor 5628 Shand Blvd. #B-5 Naples, FL 34110 Info@somosonline.com Nuevos Ecos Newspaper Silvia Izquierdo, Editor 3375 Tamiami Trail East #300 Naples, FL 34l12-490 1 239-598-9313 info@nuevosecos.com La N aciones News Victor Valdes, Editor & Publisher PO BOX 10503 Naples, FL 34101 Tiempos de Sol Silvia Casavianca, Editor 4628 Tamiami Trail East Torre C Naples, FL 34112 239-775-6080 Ext. 320 , mail@naplessuntimes.com Hispanic Yellow Pages Jerome Van Hook III 222 Industrial Blvd. #155 Naples, FL 34104 239-649-0255 hispanicyellowpages@earthlink.net Atoda Marcha Rosa Castillo, Editor 180 Furse Lake #9 Naples, FL 34104 " Radio Fiesta David Hernandez 2105 Immokalee Drive Immokalee, FL 34142 239-658-1490 Media Vista Mayela C. Rosales, General Producer PO BOX 9304 Naples, FL 34101 239-254-9995 mayela@mediavista.tv Hispanic Chamber of Commerce. Leonardo Garcia, Executive Director 10051 McGregor Blvd. Suite 204 FT. Myers, FL 33919 239-418-1441 hispanicchamber@juno.com Enlaces Magazine Rocio Cuellar-Rocha, Director 239-772-2942 rociocuellar@hotmail.com Esencias Jose Izquierdo Cruz 2430 Vanderbilt Bch Rd. #108-394 Naples, FL 34109 239-597-6201 esenciasclllturales@hotmail.com Gaceta Tropical David Plaza, Editor PO BOX 1131 FT. Myers, FL 33902 1611~ ,.C~ \ NAPIer> Ui~PAAJrc.. C HU1q,6~ 0':' Cu"",,~ SJ.1e:..- ) '27"'0 ~YSNOe.fiT .J)~. U~i':; 1..7A-1>1.-s, FI61e...o.,.... 3'411 Z 'PH. '2~) 774 - ,/too ~A" 231.77'1- Q3"3 1 6 t' 1 r C 2 \ '. , :. , '. DRAFT ) 1'1 March 31, 2005 ~ MI.A\bd'f \), M~~uJff6 Chief, Criminal Section Civil Rights Division u.s. Department of Justice 950 Pennsylvania Ave., N.W. Washington, D.C. 20530 Dear Mr. ~s.~ AllJr FINAl. ~6171Nl.. p"," CJ~ I write to you as a concerned citizen as well as the appointed Chairman of a Hispanic Affairs Advisory Board to the elected Commissioners of Collier County, in Naples, Florida. This Advisory Board is comprised of nine members with backgrounds in business, education, law, law-enforcement, and other government service. Among this Board's duties is the responsibility to monitor, receive, and reconcile issues that surface between members of the Hispanic community and county agencies. The issue prompting this letter concerns a Mr. Victor A. Valdes, a local writer, journalist, and editor of a Spanish language newspaper, who has provided this Board with sufficient cause to believe that in the past, he has been singled out for selective law- enforcement by certain members ofthe Collier County Sheriffs Office because of his continuing efforts to disclose corruption within the Sheriffs Office. That as a result of his journalistic efforts, he has been beaten by a Sheriff's Deputy, arrested, convicted on the basis of perjured testimony by a Sheriff's Deputy, and incarcerated, which resulted in the closing down of his newspaper. He now requests a federal investigation into his charges, against the Collier County Sheriff's Office, of conspiracy to obstruct justice; obstruction of justice; conspiracy to commit perjury; perjury; violation of his first amendment right to free speech; imprisonment based on perjured testimony by Collier County Deputy Sheriff Larry White; defamation of character resulting from his incarceration; abuse of police power; and subsequent cover-up by the Sheriffs internal affairs investigators. His request seeks a review of the circumstances leading up to his arrest and conviction for in 199 , which he alleges was based on perjured testimony; relief from the disabilities imposed on him by this conviction, under state and federal law; and cessation of continued or future selective enforcement actions against him by members of the Collier County Sheriff's Office. ~ 1 6 I' l' C 2 "'I As evidence, and to lend credence to his allegations of injustice imposed on him, as well as to show violations of his civil rights by the Collier County Sheriff's Office, he offers the enclosed documents, consisting of a copy of his case file, including proof of perjury, and a Sheriff's report describing a traffic stop resulting in non-prosecution, which Mr. Valdes presents as an example of selective law-enforcement. Mr. Valdes has expressed his interest in cooperating with any investigative effort to clear his name. Following your review and consideration of this information, and for purposes of facilitating communication, I ask that you coordinate your response, and/or information requests, with me; Ernest A. Labrador, Chairman, Collier County Hispanic Affairs Advisory Board, c/o Mr. Michael Pettit, Assistant County Attorney, 3301 Tamiami Trail East, Naples, Florida 34112, telephone number 239-774-8400. Your attention to this matter will be appreciated. Sincerely, , 1/ ~ I Ii f1IRtJ~J!/ JfJ.t:.N~//I"P ",,*.1 /"*~-- ~ Ernest A. Labrador Chairman, HAAB Attachments: CC: Don Hunter, Collier County Sheriff 3301 Tamiami Trail East, Bldg. J Naples, Florida 34112 Tel: 239-774-4434 1 6 ,'1 ~ C 2 PROPOSED HAAB GOALS FOR 2005-06 01. Develop new and enhance existing programs that promote the further integration of the Hispanic population into the mainstream of social, economic and political life of Collier County. A. This goal includes the development of Hispanic hiring programs for public sector entities. B. This goal entails the development of programs that foster rapid promotion and/ or progression through the ranks within agencies, so that by 2010 Hispanic representation within them will mirror the Hispanic share of the county population at large. 02. Enhance programs within the Collier County educational system that will ensure learning opportunities for all Hispanics, particularly those activities emphasizing completion of high school, academic and fmandal access to college, and professional development. A. Concurrently, a major goal of the HAAB is to develop or enhance programming that addresses the population that does not speak English sufficiently well for community integration, and to promote learning opportunities for those, particularly adults, whose life experiences have not provided for such academic opportunities. B. Develop close linkages with public and private sector entities that promote the issues cited supra, and particularly those that provide any necessary funding for their realization. 3. Develop programs within the County that address housing issues; to wit, its lack of affordability for the majority of persons with incomes of less than $65,000. per annum, a matter impacting heavily on the Hispanic population. ----1--'--- '1 1 6 I l' C 2 ' A. Work on solutions to the affordable housing issue vis-a.-vis funding, impact fee relief, et ai, particularly for those heads of households whose incomes are less than $50,000. yearly. B. Work with public and private sector entities to develop approaches to housing issues that focus on low and medium cost shelter solutions, in all parts of the County. 4. Develop programs that increase the visibility of the Hispanic population, highlighting their special interests and concerns, and especially those that further integrate them into the greater Collier County community through public and private programming. A. Assist and/or support those organizations that focus on Hispanic social and economic and concems, such as the Hispanic Chamber of Commerce and Latino-related social clubs, among others. B. Work with organizations within the community that address issues of concern to the Hispanic community, consistent with the positions and spirit of the Collier County Board of Commissioners. ~ c ~ . . ~-1 ~ '9litll ~ ~ C::ct;~ :::~:5Q)"c ... .9 0 c:: e .- Q) :s.. c:: 13 c::~.g co Q 0 ct; {g ~ :2 Q 5 c::.o >.. .s.... E g Q) 13 ;:..; ~(.) ::;,:';::'1::: E~Q)--,=c::eo;;: 8 co co 'C:: ~ C') .... ~ .- Q.. 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Dr e:: III ffi'>.~ 1:2: ::r 0)> d (5' ::J 9~ g;E ::J e::c. m 1:2: ...,....0 Ci3 en ::J< ::T 0 ..., ;;0 iiI ::J ~~iif lC 0 Q<> ~3 0 ~Ill S- III 3 cO' ::J 0 (;) mCD ::T lll@ z ~'ti = e:: CD 0 ::J III ..., _::J ::J fii iil3 III ::J ~ !i1 ::Jm "0 g.a CD ~ en C> .~ nz:n 000 .::s= -. -- ::;:.... . -- ~... 0-- ...U)n ....~O --C 3~ S~ m ~g: f(~::s ~ 'l~ 2-(: r (I( r: ( -..J r--1_ . r--L r--r r--- r--- r--r r-- r--- r:~ r-- r--:-.. r G r-- r--- ,......... ,......... ,,'. ~ . t 6r} t ~c..; WHY COLLIER COUNTY NEEDS A HUMAN RIGHTS ORDINANCE' ~ A number of cities and counties here in Florida have adopted and currently enforce some form of a local Human Rights/Human Relations Ordinance. Counties currently enforcing such ordinances include Pinelhls, BiIIsborough, Duval, Palm Beach, Alachua, Lee, Manatee, Broward, MiamilDade, Monroe, Leon and Escambia. Cities include Gainesville, Orlando, Tampa, St. Petenburg, Clearwater, Sarasota, Pensacola, Miami Beach, Wilton Manors and Key West. · Local Problems Require Local Solutions o The Florida Commission on Human Relations (FCHR), Equal Employment Opportunity Commission (EEOC) and Department of Housing and Urban Development (HUn) simply do not have resources to investigate and resolve all statewide complaints effectively and in a reasonable time frame. o Investigations handled by state and federal agencies often languish unresolved for years or are "resolved~' early by the agency issuing a Right to Sue letter, forcing the matter into the court system. o Collier County complaints are currently sent to Miami or Tallahassee for investigation and attempted resolution. There are no in-person interviews; conciliation efforts are more difficult because of the distance, and out of town investigators may not relate as well to local issues. · Some Discrimination Complaints Need Immediate Resources to Have Their Complaints Addressed (for example, people who have lost their jobs) o Distance reporting discourages people from reporting. The distance and sluggish response of state and federal agencies limits their relevance in many cases of discrimination that need rapid attention. o Although state and federal agencies exist, communities still need a local agency to address allegations of discrimination in a timely manner just as a local police force addresses public safety issues. · A Local Human Relations Council Can Do More o EDUCA nON: Serve as a community resource to help identify and raise awareness of actual and perceived racism, sexism, homophobia, religious intolerance, etc. o TRAINING AND PREVENTION: Provide training for employers, housing providers and community leaders about rights anp responsibilities guaranteed under local civil rights laws; work with community groups to I .......,., 1 6 II- "C 24 help improve inter-group relations and reduce tensions; work with police agencies to help improve police/community relations. o INFORM AND REPORT: Accurately record allegations of discrimination and provide annual reports and recommendations to the County Commission. · Commitment of Local Government Is Needed to Protect the Human and Civil Rights of All its Citizens ' o Local governments that currently enforce human rights ordinances recognize that discrimination exists, and they recognize the need to protect its citizens against such discrimination at the local leveL I o Communities that work proactively to prohibit discrimination and provide effective enforcement procedures are more attractive to potential residents and new businesses - especially service and technology related businesses. .. It Makes Good Business Sense o The process of filing charges, and ~he investigation and resolution of complaints is simpler, more effective and less expensive when handled at the local level. o Charges handled by the local agency are more likely to be resolved without litigation. o It is easier to prosecute and defend against allegations of discrimination without the need for either party to hire attorneys. o Businesses against whom discrimination allegations are made typically prefer local Human Rights Ordinances, rather than being referred to state and federal agencies, because of the local commitment to conciliation and amicable resolutions. When hearings are held and the discrimination allegations are upheld, the monetary awards are typically lower under local ordinances than under state and federal law. '"I, COLLIER COUNTY NON-DISCRIMINATION COALITION --.. - 1611 , t. C 2 f Non-Discrimination Ordinance Executive Summary' The Collier County Non-Discrimination Coalition ("Coalition") seeks to have a non- discrimination ordinance passed in Collier County. If this ordinance is enacted, Collier County will be required to protect and safeguard the right and opportunity of all persons to be free from discrimination, including discrimination based on age, race, color, creed, religion, national origin, ancestry, disability, familial status, veterans status, marital status, sex, gender identity or expression, sexual orientation, or physical characteristic. The ordinance that has been written by the Coalition and that will be presented to the Collier County Commission ("Commission") provides for investigations, enforcement, and community education to ensure that the people of Collier County have equal access to employment, housing, public accommodations, and education. In the area of employment, the proposed ordinance prohibits.acts of discrimination such as refusing to hire or firing an individual, and providing different compensation and employment terms based on the characteristics enumerated above. It also prohibits acts of discrimination in the area of housing and real estate such as impeding or discouraging any real estate transaction, printing discriminatory real estate advertisements, and treating tenants unequally. One exception is that property owners may limit occupancy on the basis of an individual's income, age, or ~isability status, in accordance with federal or state law. In addition, the proposed ordinance prohibits business establishments and places of public accommodation from committing such discriminatory acts as denying any individual the fun enjoyment of their goods, services, facilities, and privileges based on the enumerated characteristics listed above. It is not unlawful, however, for an employer to select or reject an applicant based on bona fide occupational qualifications, or for a religious' institution to select or reject an applicant for a non-secular position on the basis ofhislher conformance with the institution's religious principles. Finally, the proposed ordinance prohibits discriminatory practices in the area of education such as denying or restricting the use of, or access to, any educational facilities, services, or programs to an individual who is otherwise qualified. However, this ordinance does not prohibit educational institutions from limiting attendance based upon reasonable educational objectives (so long as it does not violate federal or state law), and does not prohibit religious institutions from admitting students based on their religious affiliation. This proposed non-discrimination ordinance binds Collier County, including its contractors, to the same extent as private individuals or entities. The ordinance also makes it unlawful to coerce or retaliate against, directly or indirectly, any individual who has exercised hislher rights under this ordinance, aided another in exercising his/her rights under this ordinance, or opposed any practice prohibited by this ordinance. It will also be unlawful to force, or attempt to force, directly or indirectly, any individual not to comply with this ordinance. .... "', The proposed ordinance sets out various exceptions to its provisions. For example, a practice that has a discriminatory effect, and would otherwise be prohibited by this ordinance, will not be considered unlawful if the practice was not intentionally devised to violate this ordinance, anfif there was no less discriminatory way of achieving the business purpose. In addition, promotional activities directed at certain protected groups, such as senior citizen discounts, are not prohibited, nor are affirmative action plans and bona fide seniority or benefit systems. t611~ 'C'2 The proposed ordinance creates a Human Relations Council ("Council") to provide a public forum for discussion about discrimination; address citizen complaints, make recommendations, and educate on matters affecting human rights and civil rights issues in Collier County. The ' Council will consist of 15 members who will be broadly representative of the County's population. The ordinance states in detail how the Council will function procedumlly. The ordinance lays out the specific powers and duties of the Council, such as: . Cooperating with federal and state authorities, and collaborating with various community groups and agencies; . Holding public meetings, making recommendations, and promoting programs and services about the problems of discrimination and intolerance; . Ensuring that responses to acts of discrimination are meaningful and consistent; . Performing demographic surveys of the County's population, and developing ways to measure and monitor community relations, race relations, and civil rights issues; . Encouraging government agencies within Collier County to review their policies and 'practices in accordance with this ordinance; . Reviewing local ordinances and responses to hate crimes, and making recommendations for strengthening such efforts; . Encouraging law enforcement agencies to develop ties with schools, business, and community organizations in order'to carry out the provisions of this ordinance; . Handling all aspects of complaints filed under this ordinance, including, but not limited to, investigations, examinations, and hearings; and ' . Issuing reports to the County Commission and incorporated county municipalities that include, at a minimum, recommendations regarding further legislation to aid in carrying out the purposes of this ordinance and the number and types of complaints received. In addition, the proposed ordinance outlines in detail how the Council will handle complaints or claims of discrimination, as well as the various forms of remedial action that will be required of individuals or entities that have engaged in discriminatory practices. The ordinance also explains the procedure for appealing an order of the Council, and further states that this law win not limit the right of individuals to seek other remedies at law. For complete information about the proposed non-discrimination ordinance, please see the full text. 16 ~~,t ~ 2..~ A !Yl"Ot1":;' .'''' "-f t1" (;1tj't',' ~erY' G _J.. ~; I ru(j uL/Li-'! [/...../ {j 'tiN ; LULAC of Naples Council No. 7052 5349 Holland St Naples, Fl. 34113 (239) 417-5998 May 26, 2005 I'm here in representation ofLULAC of Naples, Council No. 7052 to present to HAAB the clamdt ofthe community. On Sunday 22,2005 on the local newspaper, Naples Daily News section B, front page, under Brigid O'Malley signature was published "Officer punished for excessive force". (See attachment No.1) The article refers to Cpl. Jennifer J. Vaniscak and Martha Pineda now a victim of police brutality at hand of Deputy Vaniscak. But the offence just not happened to Mrs. Pineda, the whole Hispanic Community has been offended by CCSO Deputy Jennifer Vaniscak because the racist Deputy statement of "If you're not gonna (sic) speak English to me I'm gonna (sic) arrest you" and "Don't be stupid, you know English." I'm including a Naples Daily News clip with article; also I'm including records of Valdes probe with the partial records of Jennifer V aniscak and a long list of complaint against her, obtained from Internal Affairs ofCCSO. That shows that she is a supremacist. LULAC of Naples Council No. 7052 came to the HAAB to request CCS Don Hunter to issue an apologize to the Hispanic Community for the behavior of his Deputy Jennifer Vaniscak for her offensive language against our Community. -UJA ti )uJ/W LULAC / Victor A. Valdes President LULAC of Naples ii(-;r B L j~ I "lC / LULAC -Y~~ Jvhc 11{.~A r-, -1- .l,e= ~ \t6\1' . \ ~ C 2 , -..... \ i'-~ "Vl r: ".-~~ } ~ ~ 'Ii t , .~': ':"1' f -?:;i" " -', -~ 0- N ~,,' ," . :1. . 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" , ~. t!il -=; .it > ;; ~.. r$l, ,., Qt.-;;;.;1 ~.:?" oi=' .,r ", ~, 0' l:r'd a,,:.~ 1:1', 'c' 8' ~ ~", t:J, I~ , ...... Tit ... ,-#.J. ~.- fI- ' :a S Z .' f"!;. , '0 ~ ~. JI ('II ~ o (..,; -3- -r r' ~-- : ~..,~ F i.3 pi :< -- = 0 ('D ....., ..... .... ~. = (I) -- .- I I J"",,~ : -;~-'- , :~ -. J< &, I>' 1 6 'I' C 2. ~ . \ '-, III ~ ',..~ .- SUPREMACIST CONDUCT IN COLLIER COUNTY SHERIFF'S OFFICE: Some Sheriff's Deputies involved are lead by, or encouraged by the uncaring attitude of Sheriff Don Hunter. NO\V, \VE HAVE THE PROOF! See the VALDES PROBE. During THE VALDES PROBE, we found that for the period of JANUARY 1, 1991 through MARCH 1, 1993, (a 26 month pe- riod), of 152 files reviewed, 56 files are from administrative investigations, or complaints with no signatures, or other complaints not substantiated for the purpose of this probe, such as investigations of the use offirearms for c.C.S.O's employees, etc. Ninety-six (96) complaints were filed by citi- zens of Collier County, or transients going through Collier County. The majority of these complaints were filed by minorities. It is pos- sible that the largest percentage of persons sutTering from police brutality or misconduct are Hispanics, but many of these Hispanics choose not to complain because they are mi- grant workers and fear for their security or their status in this country. Other Hispanics who choose to make complaints are not taken seriously by the Internal Affairs Unit of the Collier County Sheritfs Department. These complaints by Hispanics are sometimes never tIled, or the witnesses complainants offer are never contacted by Internal Affairs. .\ .., - -Li- --r---'-"'-- ,_...._" 0' ---,~-- .. "THE VALDES PROB 'i Ailcr 10 months of investigation, THE VALDES PROBE can show the following facts, those figures are proof of what Mr. Valdes has said for a long time. "WE HAVE MISCONDUCT, HARASSMENT AND POLICE BRUTALITY in Collier County" 1 96 CASES OF COrvrPLAINTS WITH THREE DIFFERENT CAiEGORIES CITIZENS .., .... ..... ..... ... ". ,...' ............. ..... CASES ..................................... ............. % Black-Americans.., ,..., .....".,,'..,. ,. ,............ ,...... 20 . ......................................... 20.84% Females......... ,..,.,..",..... ,..,.... ......,.....' ......... .... 34 ............ .., ,.......,.................. 35.43% Hispanics .,.......,....,...',................, ...,." .........,.. 13 ... ...... ..... ......... ,.......,.,.... .... 13 .55% White Male Anglos. ....... ... .................,............ 28 ............... ................... ........ 29.18% Unknown......,.....,..,....,..,......,................. ..... ..... 1 ..... ...... ... ........................ ...... 1.04% Cases ]rom Minorilies: Females, Black-Americans and Hispanics are: Cases ..",.,.,...,.........,.................,....... ... ........... 67 ............ .... .......... ......... ....... 70.00% POLICE MISCONDUCT - 27 CASES CITIZENS.. ...,....,.... ,....'.,... ... ,. .......... ..... CASES .........,... .............................. ....... % ~ Black-Americans., ,.,.., ..,..,..' ,. '.,... ..,.... .... ...........4..................................... ...... 14.80% Females.,..........,........,......"...,., ... ........... ......... 13..... ..... ,. ..................... .... ...... 48.15% Hispanics.."".............,.,....,.,....... .......,... ............ 7.... .... ,... ~.......... .................... 25.90% White M ale Anglos...........,....... ............. ...... ...... 3 .. ............ ....,......... .......'.. ...... 11.11 % Cases jroml'vlillorilies: Females, Black-Americans and Hispanics are: r;:>.,p, . '...........,............................. 24 ........................................... 89.00~/n POLICE HARASSMENT - 13 CASES' CITIZENS.........., ........".,... ,..., ,......., ...... CASES .......... .... .......... ..... ..... ........ ........ % Black-.A.mericans "...',...,'."., ...., ........,.... ,...... '..., 3.............. ...,...... ........., ..... .... 23.00% Females ...............,..... ...,... '... ............. ................4..................... ............. ......... 31.00% Hispanics.....,. ......,..",... ....,.... ..... ....".., ... ,......... I ......... '...... '...... ... ........ ........... 7.70% White Male Anglos. ,. ,....,......... ........, ................. 5................,....................,..... 38.30% Cases jromlv1illorilies: Femoles. Black-Americans and Hispanics are: Cases,.,.,...." ,..,'........,.......,.. '.,...., ,......... ...... ...... S.... ................'.... ......... ... ,. .... 62.00% POLICE BRUTALITY - 56 CASES CITIZENS, ....,., .......".,., '...",. ...........,.,... CASES.. .............................., ................. % Black-Americ:H1S ....,,'..,., ".., .', ...........".",...,.... 13".........,...............................23.50% Females....,...... '... ....... ,....,.., ,....... ......', ............ 17........,... ...................... '........ 30.00% Hispanics ..,.,.....".........,., ...., ,. ..,.. ........,.... ,..... .... 5.. ............ ....... .... .... ................ 9,00% White .'vb.le Anglos ....,.,....,.......................... 20,..............,........................... 36.00% Unknown ,......."......,.......", '..., ........., .............., I .... ......,....................... ...... ..... 1.80% Cqses fro/111\Jinorilies: Females, Black-Americans and Hispanics are: Cases,..,...,.......",...",..., ,..,'...".. ....' ..... ..., .,..... ! J..., .., ..... ...'....... ...,..,.. ...., .... 62.50% .' - 3 - ~L= '....T--.'---,.._-- I!J Naples maily News . Ion 2 Hispanic man releases report critical of sheriff Valdes claims department targets minorities 8y MICHAEL RINKER Staff Writer Saying that "minorities are suffering from the Collier County Sheriff's Office," a local Hispanic rights advocate has released a report showing that minorities and women are responsible for more than two-thirds of complaints filed against county law offi- cers. Victor Valdes, a vocal critic of the cur- rent sheriff and his predecessor, said he re- searched 152 files in the sheriff's internal affairs department and found 96 citizens' complaints. The remaining 56 were depart- mental investigations. ' The complaints were filed between Jan- uary 1, 1991 and March 1, 1993. Of the 96 citizens' complaints, 34 were filed by women, 20 by blacks and 13 by His- panics, he said. Collier County commissioners agreed to provide about $350 to help pay for the re- search. Valdes speculated that Hispanics suffer the most from unfair treatment by police Files but don't file complaints because they are usually migrant workers who are fearful their status in this country would be jeopar- dized. He also accused internal affairs officers of ignoring, harassing or not fully respon- ding to Hispanic complaints. Sgt. Ben Crain, of the sheriff's internal affairs unit, disputed Valdes' allegations of bias. "No sir, absolutely not," he said. "We have Hispanic officers on the force...(and) our diversity training goes beyond what's mandated by state statute." Crain noted that the files reviewed by Valdes are by law open to the public. Valdes said he will take his findings to Greg Smith, of the governor's legal depart- ment, as part of an agreement reached when Valdes took his concerns to Tallahas- see earlier this year in what he called a "march of justice." If he is not satisfied with the outcome, Valdes said he will undertake a second See FILES, Page 28 Continued from 18 march on the anniversary of the first. He said he'll walk from Naples to Miami to Washington, D.C. be- ginning on Feb. 16. Smith, through a spokeswoman, said he did not re- call Valdes or any agreement between the two. In his report, Valdes listed about a dozen deputies with three or more complaints filed against them. Crain said deputies are sometimes listed as wit- nesses on a complaint and questioned whether Valdes differentiated between deputies named as targets of a complaint and those listed as witnesses. ~ Valdes claimed he has been a victim of poiice ha- rassment, listing in his report four such incidents. -G- T' '. STATE OF FLORIDA t. 1 6 III Florida State Commission on Hispanic ,Affa\rs THE CAPITO L TALLAHASSEE, FLORIDA 3Z:{~i:1-0001 let. LAWTON CHILES GOVERNOR February 12. 1993 Mr. Victor Valdes Las Naciones Newspaper P.O. Box 10503 Naples, Fl 33941 Dear Mr. Valdes: In our ~ast commission meeting held here in Tallahassee, on January 28, 1993, Commissioner Marcos F. Lorenzo M.D., brought to the attention of the conunissioners, your reqUest for assistance from the Commission in reference to your complaint of police brutality and discrimination against you and your family. The Commission referred your case to Mr. Joe Pena, the Special Assistant for the Governor for Hispanic matters and he in turn will sent the documents submitted to us to Mr. Gregory Darden, Assistant Attorney General and Director of the Civil Rights commission in Miami. We requested that they keep us informed of any developments in your case, and we offer to gather any information to him" in case it is required. If you wish to get in contact to Mr. Joe Pena, his phone number is (305} 237-3713. Please do not hesitate to contact us, if you need any further information or assistance. ~ Sincerely'i) L 4/~ q,/~ M~riela M. Fraser Executive Director cc.: Mr. Joe Pena All commissioners ~7- ... ..--..-" ~'T-'-"-- ..... '" ' I ~. C 2 l.f6>l'- 1 .~'. .-{ ',~ VICTORA.VAT...DES ~ISPA.NIC RIG~TS A ~VOCATE INDEPENDENT PROBE OF COMPLAINTS FILED BY CITIZENS REPORTING UNFAIR TREATMENT/POLlCE BRUTALITY BY THE COLLIER COUNTY SHERIFF DEPARTMENT. lCASliS ALIU,^OY fNVEl>11OM1,D UY TIlE SIIERltl:'S DEPARTMENT INTI;RHAL INVESTICA110N UNm PROBE DATE: ' . , CASE NO.: 001 I CITIZEN NAME: John Kennedy Yates IAGE:.2/3/61 .1SEX: M JRACE: W . - . 755- - ') 1,-7; / CIT~~ ,ADDRESS: In files. . ' . I INCIDENT REPORT NO.: IINCIDENT DATE & TIME: , NATURE OF INCIDENT:.' - Ofense's place. In files. OFFICER(S) INVOLVED: Jamie Minor. ID I/'J448 Connie Scalora. ID 1/ J208 Randy Bawn. ID 1/ 497 DA'f!: COMPLAINT FILeD:. In files. JT AKEN BY:. . NA11JRE OF COMPLAINT: Excesive force and rudness. - INTERNAL AFFAIR NO.~ 92-26 , I.A. INVESTIGATOR:,. James Hendry. FINDINGS: , J)ATE OF FINDINGS:. RECOMMENDATIONS:. OUTCOME: Randy Bawn has another Case 1/ 91-61 of force case...... Excesive use . " " " " " Case /I 91-78 ...... T",",;,., M;'n^..... '1-....", "''n"i-J...,,_ ^nn" f" <> '" ..... I~ a 1 . '1 Co. A h 11 '" ; .. ^ 1 n ~ ". ~"^ I .~ " . COMMENTS:. Interferences with THE VALDES PROBE, do not let us finish with the file's review. -&- ., 'r 16\l-,t'- \, VICTOR. A.. 'VA "J::...DES ~ISPANYC'R.IG~TS A "'I>'VOCA.TE INDEPENDENT PRODE OF COMPLAINTS FILED DY CITIZENS REPORTING UNFAIR TREA TMENTIPOLlCE BRUTALITY BY THE COLLIER COUNTY SHERIFF DEPARTMENT. (CASliS ALREADY INVI:~ll(;^TF.D UY TIll: SlIliRIFt-S DEPARTME,," INTERNAL INVES1lOA11ON UNrl') PROBE DATE: September/1993 I CASE NO.: ; 053 CITIZEN NAME: Eugene Figurelli. 'AGE:, 40 .1SEX: .' M. /RACE: 101. . - . CITIZEN ,ADDRESS: 193 Johnny Cake Dr. Naples, Fl. 33940 INCIDENT REPORT NO.: In file. IINCIDliNT DATE & TIME: In file. NATURE OF INCIDENT:.' In file. Ofense's plAce. In file. OFFICER(S) JNVOL VED: Dep. Randy Baum ID II 497 DA T~ COMPLAINT FILJ;::D: In file. JT AKEN BY:, . NATURE OF COMPLAINT: Excessive use of force. . INTERNAL AFFAIR NO.:: 91-61 r ~.A. INVESTIGATOR:" FINDINGS: f 1)A TE OF FINDINGS:. RECOMMENDATIONS:. OurCOME: J ~ I CO~NTS:. *Interferences with THE VALDES PROBE do not let us finish with the file's review. --'1- -,...._,....., I I .,., - - .. ,. \J .... \ VICTOR.A.VAT~DES ~ISpANIC RIG~TS ~ ~VOCATE INDEPENDENT PROBE OF COMPLAINTS FILED BY CITIZENS REPORTING UNFAIR TREATMENT/POLlCE BRUTALITY BY THE COLLlER COUNTY SHERIFF DEPARTMENT. leASES Al.kliADY INVE:mGA'mD Ilynlli SlIERI.'....S DEPARTMENT 1Nn:IlNAI.INVESTICiAT\ON UNrt) l CASE NO.: 047 IAGE:. Unk. .1SEX: M. . - lRACE: W . ROBE DATE:, Se,ptember 2'2, 1993 :TlZEN NAME: Gil Saunders. ,.... .T~~ .ADDRESS:. In file. I INCIDENT DATE & TIME: In file. 'IlCIDENT REPORT NO.: In f i 1 e . p.TURE OF INClDENT:.' In f i 1 e . Ofenset~ place. Golden ~ate. O~FICER(S) IN VOL YED: D~,p. Randy Batlm ID /I 497 )A ~ COMPLAINT FILeD:. In f i 1 e . ITAKEN BY:. NATURE OF COMPLAINT: Police misconduct. INTERNAL AFFAIR NO.~. 91 - 7 8 FINDINGS: 1 ~.A. INVESTIGATOR:,.. Il)ATE OF FINDiNGS:. RECOMMENDATIONS:. ourCOME: . CO~NTS:. *Interferences with THE VALDES PROBE do not let us finish the file review. -10 ... - ~- \ 16 '1 ~ VICTOR A. V.l!'.::J'" .DES .' ~ HISpANIC RIGHTS A ~VOCA\,E INDEPENDENT PROBE OF COMPLAINTS FILED BY CITIZENS REPORTINC UNFAIR TREA TMENTIPOLlCE BRUTALITY BY THE COLLIER COUNTY SHErJFF DEPARTMENT. \CASES ALllliADY INVElo11GA'rv.O UY "I~ SIUoRII'F'S DEPARTMENT INTERNAL INVESTlGAnON UNm CASE NO.: 017 tROBE DATE: September / 1993 lTlZEN NAME: Carolyn Simmons IAGE:, 6/05/70 .1SEX: F. . - lRACE: B. IT~t;I,ADDRESS:. 4220 Gulfstream Dr. Apt. 10 Naples, Fl. 33962 . . NCIDENT REPORT NO.: In f i 1 e . IINCIDENT riA TE & TIME: In f i 1 e . rATURE OF INCIDENT:.. In file. Ofense'~ place. East Naples. O~CE~S)INVOLVED: Dep. Jennifer Vaniscak. ID # 479 In file JT AKEN BY:. )A ~ COMPLAINT FlLI;:D:. 'IlATIJREOF COMPLAINT: Misuse of force. 92-74 I I.A.INVESTIGATOR:~ INTERNAL AFFAIR NO.:', FINDINGS: I1)ATE OF FINDiNGS:. :tECOMMENDATIONS:. OUTCOME: . CO~NTS:. Interferences \Y'i th THE VALDES PROBE do not let us finish the file's review. -I' ...r 16 , t ..c ~.. VICTORA.VAT..>>ES HIspANIC RIGHTS..A TaVOCA-TE ~OBE DATE: September/1993 -I CASE NO.: 036 TIZEN NAME: Moises Gomez. IAGE:. 01/14/7~EX: M. lRACE: H. - 4480 Bayshore Dr. Naples, . r~NADORESS: Fl. 33962 JCIDENT REPORT NO.: In file. IINCIDENT DATE & TIME: In file. ,TURE OF INCIDENT:," In file. )fense'::; place. East Naples. )FFICER(S) IN VOL VED: Dep. Ron Byington ID /I 398 Dep. Joseph Scott. ID it 540 Dep. Jennifer Vaniscak. ID /I 479 A ~ COMPLAINT FIL-eO: JTAKEN BY:. IA11JRE OF COMPLAINT: Police Brutality. NTERNAL AFFAIR NO.:', 92-11 I I.A. INVESTIGATOR:,. James Hendrv. , ~lNDlNGS: I1)ATE OF FINDINGS:. ~COMMENDATIONS:. OUTCOME: INDEPENDENT PROllE OF COMPLAINTS FILED BY CITIZENS REPORTING UNFAIR TREA TMENT/POLlCE BRUTALITY BY THE COLLlER COUNTY SHERIFF DEPARTMENT. lCASES ALR,,^OY INVEl>11GA'IliO IlY TILE SIIEll.IFF"S OEPARTMENT INTERNAL INVESTIGATION UNIT) CO~NTS:. *Interferences with THE VALDES PROBE do not let us finish with the file's review. --IL- 1611.~C'~ -- VICTOR. A. V.A.. T ...DES :HISPANIC RIG:HTS A. ~VOCA.TE INDEPENDE:NT PH013E OF COMPLAINTS FILED BY CITIZENS HE-PORTING UNFAIR TREATMENT/POLICE BRUTALITY BY THE COLLIER COUNTY SHERIFF DEPARTMENT. (C,\SFS AI.KE,\IJY INVES"I'lli;\TEIl IIY TilE SIIIOIUl'F'S IJFI':\KT!>IENT INTEKN:\I.1NVES"nt;:\TION UNIT) PROBE DATE: k //1 November 9, 1993 I CASE NO.: 096 -r IAGE: f i,~~X: f i l1RACE: CITIZEN NAME: In file In In In file. - :::ITIZEN ADDREss:In file. , ' INCIDENT REPORT NO.: In file. IINCIDENT DATE & TIME: In file. NATURE OF INCIDENT:' In file. Ofense's place. In file. OFFICER(S) INVOLVED: Dep. t/8'&' r'G/i 116/1- f,u t;'77 Dep. de- - tv' 4etL VAJJrs CA J::: . DA ~ COMPLAINT FIU;:D: In file. IT AKEN BY:, NATURE OF COMPLAINT: Police Brutality. I INTERNAL AFFAIR NO.:, 1'1- 9 u IIA INVESTIGATOR:. I FINDINGS: I DATE OF FINDI~GS:. RECOMMENDA TlONS: OUTCOME: __ __ ____..____________ _____....___u.._______._________ ..._ ____._ _________~._______n__ ---- COMMENTS:_ *Interferences with THE VALDES PROBE do not let us finish the file's review. -I?> '-'---1'-- 16 11-, c '2.~ "VICTOR A.. VALDES \, ~SP.ANIC RIG~TS./!fL .......'VOCATE PROBE DATE:, 5.eptember/93 I CASE NO.: 034 CITIZEN NAME: Richard K. Cruce IAGE:. 4 /19/62 .1SEX.: 'RACE: . - M. tJ . CIT~.A:DD~S:. 3271 Redblush. Way Orange tree. Naoles. Fl. 33964 INCIDENT REPORT NO.: In file. IINCIDENT DATE&. TIME: In file. NA~ OF INC1DENT:~ In file. Ofense'~ place. In file. QfFICER(S) IN VOL VED: Dep. Dennis Huff. ID II Unk. Dep. Alan Flannagan. ID Ii 232 Dep. Jennifer ,Vaniscak. ID Ii 479 DA-q: COMPLAINT FI~D:. In file. JTAKEN BY:. . NATURE OF COMPLAINT: Police Brutality. . INTERNAL AFFAIR NO.~. 92-28 I I.A. INVESTIGATOR:.. FINDINGS: I1)ATE OF FINDINGS:. RECOMMENDATIONS:. OUTCOME: INDEPENDENT l)ROBE OF COMPLAINTS FILED BY CITIZENS REPORTINC UNFAIR TREA TMENTIPOLICE BRUTALITY BY THE COLLIER COUNTY SHERJFF DEPARTMENT. lCASl!SALlUiAOY IHVa.11GA1F.O UY TIlE 5l11'JUt'F'S OEPAIlTWEHI" IN'I'1'lUlAl.INVESI1GATlON UNIT) coMMENTS: .' . *Interfernces with THE VALDES PROBE do not let the file's review. us finish with ,-/L/- fIl ~ o mo- rIl~ QQ ~~ ~~ .~ <~ ~~ O~ E-40 o~ ~~ ~ al ~ ~ .. - =r..: <2: :;:'UJ Z:E ::Ii- ,. ,.; -.J - z< _c.. :...t:J :: :::r 01:- ~r... :':':Q2 ==1:: c:r.= ztn :.:> ~:... :-z ::::::> ~o >u - ,.; :::Ui ;:;:3 :J..J ::,,0 -u Y:UJ :- - z::: - . <> ";Q =>- :=::E- ",,- ~..J r. :< oS r., ~ :iCQ oUJ -u - - ::"..J =-9 z::;:: .., ~ ;::\z z!;g ~..2; :::.,1- ~< ~~ _l"'" II) Iool Q) CJ ..-1 l.H l.H o \ \ -16 r1 \ ~ 1- \ \ ~ o Q) 0. >- ~t.) 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I1l I1l . . - \~ A- 1-1 ::s rt' (1) t'1 ::l I>> ..... o HI HI .... n (1) l"1 U1 ~- .Z ~o >t=:l -i~ ~~ zO -i~ ....z "C . 0-: r-- <=5= mO ~= :;0 .-. c::;o - - . .. ~c; :::::iO .<" -<- c;:E <> ...1- .-Z .... . m~ n~ 0- C-C- r-~ - - m'ooJ ;c::: n-< O::'j c::-: z::: ....:s ..(~ cnZ =:n ~- -- ,.,e-=- :;-.: "':lC c::= m....: ~z ~~ -i.... ~- m~ z -. -i:::: . - - I-:J '<l 'd (1) o HI o HI HI ..... n (1) l"1 en ~ t-C m !~ t-C~ ~~ ~O ~~ Q~ ~. ~~ ~~ ~~ <~ Om n ~ ltj~ >> 16l141\C2. COlliER COUNTY DAVID C. WEIGEL COlLIER COUN1Y ATTORNEY , . I .. '- 1 ---.::.. -, J , ' ,. >. 3301 Tamiami Trail East Naples. Florida 34112-4902 Telephone: (941] 774-8400 FAX: (941) 77 4-0225 E-mail: attomey@naples.net March 26, 998 Heidi F. Ashton Ramiro Manalich Thomas C. Palmer Lawrence S. Pivacek Ma~orie M. Student Melissa A. Vasquez Rodney C. Wade Mr. Victor A. Valdes P.O. Box 10503 Naples, FL 34101 Re: Documents Submitted for inclusion in the records of the Hispanic Affairs Advisory Board by Mr. Victor Valdes Regarding Mr. Valdes Probe of Complaints Filed by Citizens About Alleged Brutality by the Collier County Sheriff's Department Dear Mr. Valdes: Pursuant to your request of today's date I am enclosing for your information documents regarding the above styled topic which my staff has been able, upon quick review, to locate within the files of the Hispanic Affairs Advisory Board. Specifically, there is a page breaking down categories of complaints as well as a five page chart with allegations of complaints, a letter dated May 26, 1993 to you from M.W. Schryver, counsel for the Collier County Sheriff's Department and a note with complaint forms and a police report. The quick review which you have requested has not allowed my staff the opportunity to confirm whether or not these reports were submitted as part of the Hispanic Affairs Advisory Board Meeting. However, it is my vague recollection that I believe you presented this topic to the HAAB at one of its meetings. I will endeavor to review the minutes and other records of the 1993 and 1994 HAAB meetings to determine whether there is any reference to these records being presented by you to the HAAB at one of those meetings. Regardless, this shall serve to confirm that these records are being maintained as part of the Hispanic Board file because they related to Hispanic Board business and were submitted by you to my office and/or the HAAB, Please feel free to contact me if you have any questions or comments. Sincerely, ~ Ramiro Mafialich, Chief Assistant County Attorney RM/cd cc: David C. Weigel, County Attorney -(b tEALLY WORKS FOR OUR COMMUN~ 1 'Ie ~ I . I FREE SECOND EDITION JANUAR~ 1994 YEAR 10 NO.2 .:;,,-",',;~,Jti~ .;"A' ,,". n~,' SECTION PAG6 'ORN... IT IS TIME! JUST DO IT! Ifwe pay strict attention to these figures, we can see the evidence of an isidious kind of supremacists conduct displayed by some of the employees of the Collier County Sheriffs I?e- partment. Example: Deputy Caroll 1. JeremIas, one of the sheriff deputies who was accused and sued by Immokalee's resident Grady Pruette. Deputy Jeremias's attitude with SheriffHunter's support of it, has already cost taxpayers s~veral thousands of dollars which had to be paid out to Mr, Pruette, plus attorney's fees, costs, etc. The same Collier County Sheriffs Office emplyee, Deputy Caroll 1. Jeremias has at least 2 more police brutality cases filed by other citizens. The two other cases are: INTERNAL AFFAIRS CASE No: 92-43, and INTER- NAL AFFAIRS CASE No: 91-69. INTER- ~s NAL AFFAIRS CASE No: 91-55, for police brutality was settled. The are other alleged SUPREMACISTS in "The ValdesProbe": JenniferVaniscak, Joseph Scott, Andrew Smith, Pete Kinney and the names go on and on. There are at least 12, plus the SUPREMACISTS who have been harass- 10 ~s ~ s " ing our editor since July 1, 1992, when Sgt. John Dinda arrested and harassed our editor for screaming "STOP POLICE BRUTALITY IN COLLIER COUNTY". Since that time, our editor and his family have experienced all forms of harassment, false charges and mali- cious prosecution. TO GRAB THE BULL BY THE HORN.... State Attorney Joseph D'Alessandro, it is time to open your blind eyes and your deaf ears to the judicial and police abuse minorites are suffering in the Twentieth Judicial Circuit. The time for you to pay more attention to minority problems in your circuit is long overdue. It is time to launch an investigation into police brutality, misconduct and harassment in Collier County, but beware! DO NOT USE THE STAFF OF YOUR NAPLES OFFICE FOR THIS TASK! We at Las Naciones newspaper are waiting for you, and with us, all minorites are waiting, too. IT IS TIME! JUST DO IT! ---\1 - HISPANIC AFFAIRS ADVISORY BOARD 1 '. t L~' 1 .. C 2' ~ M~y ~ M6~ Civil Rights for the Hispanic Community What is good for our Community? Revised As a representative of the HAAB, I found that many of the concerns voiced by the Coalitions were similar to the concerns of the HAAB... I asked the question, "Should the HAAB be involved in the affirmation or endorsement of this or any other group that has a political agenda. The coalition has sponsored political candidates for the Board of County Commissioners. The coalition has affiliation with ACLU. All of these efforts illustrate their political status. The coalition has the right to exercise their rights under our Constitution. All of these associations promote their cultural view. If this group is balanced and represents both side of this very important issue then it truly represents the community. The coalitions should represent and protect the rights of fundamentalist both gay and Christian. The coalition should be tolerant of opinions and policies of both and sponsor equal protection. I find that couched within a broad blanket of protection the coalition promotes the gay life style aggressively while restricting the rights of conservative Christian groups. I would like to see an equal representation. The Hispanic community has been and continues to be a group subjected to racial discrimination. I have repeatedly voiced my concern about discrimination and the affect on our whole community. In the Courts In the Sheriff's Office In Education In Housing In Health Services In health education-prevent sexually transmitted disease. Protection of Human Trafficking In practicing and voicing concerns on religious beliefs We as members of the HAAB I represent this community and have a very narrow and straightforward mandate. That mandate is to be a conduit of information and concerns for the Hispanic community and the Board of County Commissioners. A consensus of the HAAB felt at our last meeting that we should not step outside of those guidelines. This coalition is promoting protection for a segment of society who practices an alternative sexual life style who already has protection in this state. This memo is also a request to the County Board for authorization to bring this matter before the HAAB for a vote to affirm and recommend acceptance of entire coalition platform... It is my opinion that the members of the HAAB 1611 ~~, , \ have a perfect right to join and sponsor the coalition as private citizens/~ut not as HAAB representatives of the Hispanic Community nor an informatioAaI arm of the Board of County Commissioners With the exception of the gay rights provision I would support, as a private citizen, the coalition's platform. Do Christians have civil rights? Do Homosexuals have civil rights? Of course they do, they are human beings just like anyone else. Christians and Gays have the right of self-expression, to hold jobs, pay taxes and to function in society as anyone might as long as it is within the provision of state and federal law. Provisions and procedures are in place for violation of these rights. Should Christians or gays have special rights? Well Christians and gays already have I protection under the law based on our Constitution created an endowed by GOD. Many now are trying to take that protection away. Is this coalition offering protection from that attempt? Will they fight just as hard for the Christian's rights as they might for gay rights? Do gays need special laws? well no, unless of course they claim they are somehow different .00 those involved in incest need special protection? How about those who practice parahilia, voyeurism, zoophilia, necrophilia let us not forget pedophilia. Do we discriminate against them from the rest of society and are they claiming sameness. I would respectfully alert the Board of a dangerous and alarming health epidemic related to this segment of society, being supported by the coalition. The, endorsement and promotion of the gay community would bring with it the growing HIV-AIDS epidemic and the need for extraordinary health alerts within the Hispanic Community. The Hispanic and Black population are both suffering at a greater percentage then the rest of the community. The segment of the community that is however suffering the most is the gay community. Because of the stigma, many gays are suffering in isolation. It does not matter how or why they are ill. I as a Christian must reach out to them with compassion. I do not hate the homosexual I would like to invite them to worship with me. This disease has killed, is killing and will kill more minorities by percentage than other segments of the community. With the majority of the Hispanic unable to afford proper health care and unable to seek information to use preventative measures. You can see the gravity of the situation. We have a very specific goal when addressing the issue of homosexuality in the public 1611 square-- specifically the area of policy-making: What do we :each in SCh~OIS abo!t C 2 homosexuality? What do our laws reflect about it? Do we teach the health dangers of uncontrolled sexual practices? Can we teach what the Bible says about homosexuality? Because gay men are attracted to other men and teenage boys in much the same ways that straight men are attracted to women and teenage girls, doesn't it make sense to have the same restrictions in place separating gay men from straight that we use to separate boys from girls? Alternatively, is it even a violation of a women's civil rights not to allow her equal access to men's bathroom, locker room and sleeping quarters? After all, why do we separate boys from girls and men from women in the first place. Something's are wise and prudent. When people have asked questions like this, my point of view has usually been that if we are going to make an appeal in the public square regarding publiC policy, or cultural change, our appeal should be based on the common good: What is good for our culture? What is good for our community? What kind of community do we want to be? Is the protection of human right important, Yes? Is the protection of what people do in the privacy of their bedroom critical? No I am not posing a moral question about homosexuality or about what consenting adults have the liberty to do in the privacy of their homes. I'm simply raising the question of the publiC good. I'm not reluctant to make a moral judgment. My question is: What am I trying to accomplish? If I'm trying to make a moral statement, then I'm going to have to make a moral judgment and give my justification. But if my goal is simply to minimize a particular behavior in the community, I'm going to find the best means to do that. I've found that the best way to do this is to focus on the publiC good. Is this good for the public good? Is it good for our children? Is it good for public health? Will we be forced to create educational programs in our schools to promote an unnatural act? How do you tell our children that the sexual practices of gays are confused? Our creator has given us gifts, the power of speech, hearing, the power of reason the miracle of touch and sight. Our creator has given us arms and legs. Our creator has given us many things and has given us instructions in how to use and not to use those gifts. I want to parenthetically state that I am a "Born Again" Christian who believes in that book of instruction called the "Bible". My personal feeling that I need to embrace (maybe not a good choice of words) reach out, to anyone who needs help in understanding the Holy Scripture with compassion and love. 16 " 1~ C 2~ , The public health argument is a very powerful argument. You might offer the question "Isn't it appropriate for us to guard our community from health dangers?" , \ Sexually transmitted diseases are at epidemic proportions amoIlS homosexuals. - Thomas E. Schmidt, Straight and Narrow? "It appears that at least 750/0 of homosexuals are currently carrying one or more pathogens. . .." - Human Papillomavirus (HPV): According to the homosexual newspaper The Washington Blade, "A San Francisco study of gay and bisexual men revealed that HPV infection was almost universal among HIV-positive men, and that 600/0 of HIV-negative [homosexual] men carried HPV." [December 8, 2000] - Hepatitis: The Centers for Disease Control reports, "Outbreaks of hepatitis A among men who have sex with men are a recurring problem in many large cities in the industrialized world." [Mortality and Morbidity Weekly Report, Sept. 4, 1998] - Syphilis: The Archives of Internal Medicine found that homosexuals acquired syphilis at a rate ten times that of heterosexuals. [Issue 151; 2001] - HIV/AIDS: The Centers for Disease Control reports that, as of Dec. 2003, "men who have sex with men" and "men who have sex with men and inject drugs" together accounted for 64% of the cumulative total of male AIDS cases. - There are also troubling statistics concerning Gonorrhea, Gay Bowel Syndrome (GBS), and Anal Cancer. First, homosexuality is an activity that is inherently dangerous and cannot be made healthy. It carries with it health risks that, though they may be reduced in some cases, cannot be avoided entirely. Second, homosexual conduct also puts people at risk who are not engaged in the activity. Since this activity can't be made healthful, and puts people at risk who do not choose to be involved in the activity, it seems to make sense that, as a community, we ought not do anything to encourage it. Certainly as government leaders, we should protect the minority community At this point, I am not even suggesting we actively discourage homosexuality--though I think, on public health grounds alone, we would be justified in doing so. Minimally, it seems wise not to go out of our way to encourage the behavior, as some programs seem to do. The health issue, as revealed below is quite serious. 16 II )' C 2 .. Remember that 24 million people in Africa are now affected by AIDS Following is a comparative Chart : USA's white population has reported more cases of AIDS than any other race/ethnicity group. However, the black and Hispanic communities have been disproportionately affected, particularly in recent years. These two groups together accounted for an estimated 63% of people living with AIDS in 2004. Male HIV and AIDS cases by race/ethnicity and exposure category, reported through December 2002 White, not Black, not Hispanic ASian/Pacific Exposure Category Hispanic Hispanic Islander HIY* AIDS HIY* AIDS HIY* AIDS HIY* AIDS Men who have sex with 36920 237610 19135 88130 7171 53547 416 3998 men Injection drug use 4543 30247 9753 77577 2838 42819 37 279 : Men who have sex with 4216 27264 2690 . 17824 648 8519 15 218 I men a. inject drugs Haemophilia I cogu lation 349 13926 ! 99 ! 590 i 19 1441 ;2 174 i I disorder ! i Heterosexual contact 1781 6521 7490 21706 1298 8087 52 1278 I Receipt of blood ! I I I i I transfusion, blood 215 .3232 1206 11177 42 1622 13 117 J I components, or tissue i i ! Risk not 9411 ! 14215 20872 32884 5460 112315 271 I i I reported/unknown i 1751 I ! Total 57435 323015 60245 239888 117476 1126350 796 5715 * Includes only persons with HIV infection that has not progressed to AIDS 16 11.' 12 '" Female HIV and AIDS cases by race! ethnicity and exposure category reported through December 2002 White, not Black, not Hispanic Asian/ Pacific Exposure Category Hispanic Hispanic Islander HIY* AIDS HIY* AIDS HIY* AIDS HIY* AIDS Injection drug use 3160 13035 5701 34041 1132 11104 13 121 Haemophilia/ cogulation 15 114 26 122 5 56 0 7 disorder Heterosexual contact 5286 12995 15711 35748 2845 14001 115 410 Receipt of blood transfusion, blood 142 1857 297 1434 43 577 6 103 components, or tissue I Risk not 3586 4011 15884 17896 2628, 3634 130 200 I reported/unknown i i Total 12189 32012 37619 89241 6653 29372 264 841 291 509 * Includes only persons with HIV infection that has not progressed to AIDS Estimated persons living with AIDS by race! ethnicity and year Year White, not Black, not Hispanic Asian/Pacific American Indian/ Total * Hispanic Hispanic Islander Alaska Native 1998 113267 115644 55980 2314 989 288565 1999 120094 126499 60767 2578 1074 311424 ! 2000 126851 138129 65823 2858 1198 335316 2001 133461 149808 70865 3189 1316 359141 12002 140835 162412 76052 35741 1450 384906 * Includes persons of unknown or multiple race 16 { 1-. C 2~' Estimated deaths of persons with AIDS by race! ethnicity and year Year White, not Black, not Hispanic Asian/Pacific American Indian/ Total * Hispanic Hispanic Islander Alaska Native 1998 6228 9116 3449 125 79 19005 1999 5800 9097 3353 116 79 18454 2000 5331 8723 3118 107 61 17347 2001 5061 8915 3236 111 70 17402 i 2002 4555 8566 3056 93 72 16371 Total 223623 185080 87888 3350 1424 501669 , * Includes persons of unknown or multiple race I pause to wonder in the coalitions' zeal to protect everyone if it gave a moments' thought to the epidemic in the minority community both Black and Hispanic, Isn't it the right of the people to be safe? In an effort to affect public policy and gain acceptance, the assertion often is made that homosexuals deserve equal rights just as other minority groups-and should not be punished for, or forbidden from, expressing their homosexuality. The fight for the acceptance of homosexuality often is compared to "civil rights" movements of racial minorities. Due to America's failure to settle fully the civil rights issue (Le., full and equal citizenship of racial minorities), social liberals, feminists, and homosexual activists were provided with the perfect "coat tail" to ride to advance their agenda. Using this camouflage of innate civil liberties, homosexual activists were able to divert attention away from the behavior, and focus it on the "rights." The argument goes like this: "Just as a person cannot help being black, female, or Asian, I cannot help being homosexual. We were all born this way, and as such we should be treated equally." However, this argument fails to comprehend the true "civil rights" movements. The law already protects the civil rights of everyone-black, white, male, female, homosexual, or heterosexual. Homosexuals enjoy the same civil rights everyone else does. The contention arises when specific laws deprive all citizens of certain behaviors (e.g., sodomy, pedohila, incest, bestiality). We should keep in mind that these laws are the same for all members of society. Because of certain deprivations, homosexuals feel as though "equal" rights have been taken away (i.e., marriage, tax breaks, etc.). \ 16l1-tC2 \ Skin color and other genetic traits can be traced through inheritance patterns and simple Mendelian genetics. Homosexuals are identified not by a trait or a gene, but rather by their actions. Without the action, they would be indistinguishable from all other people. It is only when they alter their behavior that they become a group that is recognized as being different. If we were to assume momentarily that homosexuality was genetic, and then the most one could conclude is that, those individuals were not morally responsible for being homosexual. However, that does not mean that they are not morally responsible for homosexual actions! Merely having the gene would not force one to carry out the behavior. For instance, if scientists were able to document that a "rape gene" existed, we certainly would not blame an individual for possessing this gene, but neither would we allow him to act upon that rape disposition. If someone asked me what I felt about homosexuality, I would answer honestly: I do not feel uncomfortable simply because someone is a homosexual. Some homosexuals are likable, some are not. I treat persons as individuals. If I were asked what I think about homosexuality, however, my answer would be different. I think that human beings gay or straight should be treated with respect, should not be bashed or called names, and have the same protection under the law that any other citizen has. That's what I actually think. I also think, though, that homosexuality is unnatural. I say this not as a personal preference, but as a personal conviction--I think that statement is actually true. I'm also glad to give you reasons why I think so. This is my moral, cognitive conclusion about homosexuality, as opposed to what I feel. When dealing with people in the public square, it's very important for me to make this distinction because it isn't unusual for people to mistakenly infer my feelings from my thoughts. So if you start off by saying, "I think homosexuality is immoral," or "I think it's a sin," people will infer from my ethical conclusions about homosexuality that I actually hate homosexuals, that I am condescending towards them, etc. And, of course, they'll ta ke offense. In a situation where I suspect my convictions will be labeled intolerant, bigoted, narrow- minded, and judgmental, I ask, "You know, this is actually a very personal question you're asking, and I'd be glad to answer. However, before I do, I want to know if you consider yourself a tolerant or an intolerant person? Is it safe to give my opinion, or are you going to judge me for my point of view? Do you respect diverse points of view, or do you condemn others for convictions that differ from yours?" There is is no morally neutral ground. Everybody has a point of view they think is right and everybody judges at some point or another. The Christian gets pigeon-holed as the judgmental one, but everyone else is judging, too. It's an inescapable consequence of believing in a Christian worldview , 1611 , f C 2 December 08, 2003 Gay-Diyersity Program Violated Christian's Rights A federal judge has ruled that when a public school organized a "diversity" program addressing homosexuality, it was obligated to let a student speak out against homosexuality . Evidently, whenever a school does anything, it must be required to let students who disagree have equal time to express their disagreement as part of the official agenda. Oct 23 Christian School Expels Gay Student Three days after a young man answered a teachers private question about whether he was gay or not he was expelled from a Jupiter Christian School Tolerance is a personal decision that comes from a belief that every person is a treasure. I believe that America's diversity is its strength. I also recognize that ignorance; insensitivity and bigotry can turn that diversity into a source of prejudice and discrimination for those on both sides of cultural, moral, ethical issues. To help keep diversity a wellspring of strength and make Collier County, Florida and America a better place for all, I pledge to have respect for people whose abilities, beliefs, culture, race, sexual identity or other characteristics are different from my own. I pledge as the Chairman of the Hispanic Affairs Advisory Board and as a Born Again Christian who believes in Holy Scriptures to reach out to them. 16"' I*C 3- Rr- ,t'.. il\/t::D .. '.' ,,",. AUG L :'1 ,""juJ B08rr~ of C:;unl'j C:c"'n~TI;:):;~oners MEMORANDUM Each comm. Rec'd Cop~ DATE: August 29, 2005 TO: Board of County Commissioners FROM: Barbetta Hutchinson, Executive Secretary, OMB SUBJECT: Productivity Committee Meeting Minutes Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of June 15,2005. Please do not hesitate to contact me at 774-8973, or Mike Sheffield at 774-8569, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Crystal Kinzel, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC ~~;:'~"';"",'1':"":' " '!"~'."';' y-~, .:~:"';''''.... L~:""~..~_,.:;::_..,,~ ." - .,.,....'.' ''''....--~..._."......... '-j ...',......"".~.. ".". \ i.. ....-,..- , ;; Misc. Corres: Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774-8973 Fax: (239) 774-8828 ., ,. , D~te: q /d 11!J.s { ~ ;:0;;,)1 I~t"d":' .tJ3 . ,'" ':::','5~:~~~" ", ,. Ce~j;2S To: '~", ~, ..-,,'~ ,.... .'......,....- ~.,;;., ." """'~j,<"~".w.:~Itl-'ti'~':':"~.:""'_;~""';-~'.'M_""''' ."'" ':.4_ ~--~,,""-" '.,'.-.- 1 16 II. I C ~. COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - June 15, 2005; 2 p.m. Members Present: John Barlow, Syd Blum, Steve Harrison, Helen Philbin, Joe Swaja, JimVanFleet and Janet Vasey. Members Absent (Excused): Stan Farnham, Dex Groose and Matt Hudson. Liaison: Commissioner Halas was not present due to attendance at the BCC/Budget Workshop. Staff Present: Amy Patterson, Impact Fee Manager, Community Development; the following appeared from the Sheriffs Office: Chief Kevin Rambosk, Chief Scott Salley, Chief Greg Smith and Carol Golightly (Finance Director); Winona Stone, Assistant to the County Manager; Mike Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget; Crystal Kinzel, Clerk's Finance Director; and guest Brad Boaz, Barron Collier Company. I. Introduction: Opening Remarks - There being a quorum, Joe Swaja, Chairman, called the meeting to order at 2 p.m. Joe introduced Mike Sheffield to the group. Mike will be taking over as the County Manager's liaison as Debbie Wight will now be the legislative assistant to Jim Mudd. Approval of Minutes from May 18, May 24 and May 27 Meetings. Syd Blum and Dex Groose mentioned the corrections and clarifications that were emailed to Barbetta - these have both been corrected. Syd moved to accept the minutes as corrected, John Barlow seconded. II. Old Business: Impact Fee Studies Update - Amy Patterson passed out an updated schedule and reviewed the status of all impact fees. The Correctional Facilities Study (including interest) was unanimously approved by DSAC and will be going to the Board of County Commissioners on July 26. The implementation of the Law Enforcement Fee is August 1. The School Board has contacted Amy asking for help in the compilation of the Educational Facilities impact fees. They have asked for a list of what information needs to be given to the consultants in order to continue. Fire is about 4 weeks out from having a draft. Emergency Medical Services is in the data collection stage. Parks and Rec has been delayed because of having to hire an independent appraiser. Transportation just went under contract yesterday, so Amy will update the schedule as she gets further information. Library indexing is going to the Board on August 26. Replacements for vacated Fire and Transportation Impact Fee Study Subcommittee chairs are needed. Janet volunteered to chair the subcommittee for Transportation. The Fire position will be discussed at the next meeting. Steve Harrison asked Amy if anyone ever suggested, or if there were, incentives for building libraries on school property. The group was supportive of the idea. Winona Stone said that the new government satellite office was being built on the adjacent property on Orange Blossom. Parks and Schools also coordinate property. ~Amy will talk to the library associates regarding this issue and report back to the group at a later date. Page 1 of 4 16 11.\ C '3 J J Jim VanFleet met with Michelle Labutte from Collier County Schools, who expressid her concern regarding the information being requested. She said the information requested is not exactly how wy report it. Amy will talk to the School Board and find out if there is an alternate way to collect the."ta that has been requested and address the issues so the study can move forward. Jim said the meetin~ was very amenable. Dr. Nicolas has been contracted to assist in the process to the delight of Tindale-Oliver. Benefits Subcommittee Report - Helen Philbin - The subcommittee is moving along nicely. Health benefits have been almost completed. The subcommittee should have a full report by September. There have been efforts in working together to contain costs. Operational Efficiencv and Effectiveness Studv Report - Steve Harrison - Steve asked the group to look at his June 12,2005 draft study report to see what the subcommittee is recommending. CAFR requires the Clerk of Courts to attest to the accuracy of financial information generated by the Board of County Commissioners and the Clerk, in that the systems they are producing are secure and the policies and procedures are being followed, so that there is a high confidence level in the records that are produced. Steve said the political separation of these entities is standing in the way of any streamlining capabilities. There have been suggestions about a county charter form of government. He also said unless there is a political will to change things, nothing will improve. Transfer of information comes to the Clerk in many ways and the Clerk has the responsibility to validate the information. Steve said there is an opportunity with the necessary upgrade of SAP in 2007 to act now to streamline the process. Crystal Kinzel told the group that there is a lack of governmental software to combine all the necessary activities that are required. There needs to be a comprehensive program to combine all the programs, but in the meantime we are heading towards a program that will at least integrate the different programs into a readable format. John Barlow asked ifthere was a common application that was implemented by the state, how long would it take to implement. Crystal said that she would fully support such a program, but she doubts that anyone would want to take on a project that big. Steve would like to have the decision makers of the different constitutionals to meet at the end of July to discuss the implementation of a common system that they could all use. This would allow enough time to determine what is needed, find the right system and implement the system before the deadline. Steve said that since they is a multi-million dollar decision to be made within the next few months (and the same for other counties), he can't believe that there is no company out there that would be willing to develop a system just for government. Janet said she thought the SAP system had other modules that had not yet implemented. Winona said this was the case. She said they wanted the SAP system to run smoothly for a year before any new modules were added. Barry Axelrod is working on this and Steve asked that he be invited to a meeting to give the group his long term plans. John asked about the emergency back-up system. Winona said that there is a disaster recovery plan in existence. Crystal said the state mandated that every county come up with a hurricane preparedness statement. The IT associates from every entity will be invited to the next meeting to discuss these issues. It was subsequently determined that the subcommittee's IT team needed to meet several times prior to the IT associates meeting with the full Productivity Committee. John said he met individually with each of the IT Directors and they are working on developing strategic plans. He also said that whatever program the separate entities run, they should be able to integrate into one system to have the capability of reporting in a consistent manner. Steve said there is middleware that will take the separate systems and filter them Page 2 of4 16dl\"C~. into one. Steve wants to ask the IT directors if there is a program out there that could consolidate all constitutionals. ~ The group asked Winona to coordinate a meeting of the IT directors to tell the committee what they are doing right and listen to their ideas for improvements. [This meeting was subsequently changed to an IT team meeting and scheduled for July 15]. III. New Business Brad Boaz from the Barron Collier Company was invited to address the group regarding his application for membership before he left the meeting. He said that he submitted his resume for membership and related his past experience in computer system start-up and applications. Considerations of Applications for Membership - The group reviewed the applications and discussed the qualifications of the applicants for membership. The group decided that although all the applicants were highly qualified and had exceptional skills, they were looking for a person skilled in Human Resources to fill this opening. Deborah Smith and Lawrence Baytos were the first two choices in this area. Joe worked with Deborah at Xerox and he complimented her skills and professionalism. Janet said that both Deborah and Lawrence had Masters degrees. Syd suggested that Sheila Clarke be considered because of her public relations background. Jim Van Fleet said his first choice was Brad Boaz because Leadership Collier wants to see their alums appropriately placed. Joe polled the group as to their fust and second choices. Joe called for an initial vote by the group for first choice. The result was Baytos 3, Boaz 2 and Smith 2. Jim suggested that all three be submitted, but the group decided that they would recommend only one to the Board. Winona said past committees have interviewed individuals for open positions. Syd asked if there would be anyone who would be willing to change his or her vote. John said he would change his vote to Baytos in order to have a seasoned HR person in the group. Jim VanFleet agreed to change his vote to Baytos as well. The final vote was Baytos 5, Smith 2. Outstanding Advisory Committee Member Nominations - Steve Harrison was nominated by the group. Janet sent a form to Debbie and ~Winona will add all the names of the committee members to the nomination form and make sure the form gets sent to the Board. Sheriff's Representative Comments - Syd asked Kevin Rambosk ifhe had any thoughts about the way the committee handled the budget review. Kevin said he and the Sheriff feel that the committee members are well-respected citizens and business leaders. He also stated that the Sheriff's office felt they could not give the committee the complete information package about tactics that they needed in the short amount oftime that they had. Syd said that in the future the committee should consider bringing someone on the committee with a strong background in fire, EMS and law enforcement. Helen said that the average citizen wants service, but is not willing to pay for it. She said she has to give the Sheriff credit for trying to put together the best state of the art department around, but she still is not sure that we need to be that state of the art. Syd added that although he is not competent in telling the Sheriff's officers how to do their jobs, somewhere along the line, someone has to agree we have to limit spending. Kevin added that the Sheriff is looking out for the community and does not want things to slide backwards and have crime rates rise. Page 3 of 4 16111- C~ John said he feels bad when things get out into the media because it causes conflict between the constitutionals. Steve asked Joe if the members of the committee should attend the budget meetings. Janet said she doesn't see any reason for them to be there. They were asked to review the Sheriffs budget, that's what they did and that is where their responsibility ends. The group agreed that they will not attend. Jim Van Fleet motioned to adjourn the meeting, Janet seconded. The meeting adjourned at 4:10 pm. Next Meetin!!: The next meeting ofthe Productivity Committee is scheduled for Wednesday, August 17 at 2:00 p.m. This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Page 4 of 4 r-- 1 €fa:i Henning Coyle 114UtA.II'" s.ae~ M.s.~" = A4j.,ISOIY 601ftllt"tu 2705 Horseshoe Drive South Naples, FL 34104 11 = RECEIVED AUG ;;1 /.; ?nU"5 ". , ~,u SUMMARY OF MOTIONS & MEETING Board (',f"' '~"" " ,F ,) ,.....,lIn~'r' \.,,(.;m'T;isslOners Awmst 16. 2005 III. Approval of Agenda - Charles Ardllll" moved to approve the Agenda as amended. Second by Lew Schmidt. Carried unanimously 4-0. IV. Approval of Minutes -Lew Schmidt moved to approve the Minutes ofJuly 19, 2005. Second by Charles Arthur. Carried unanimously 4-0. VI. Old Business Don Scott was introduced. The Committee would like to extend the sidewalk or bike path from 9Ist street to lIlth. After much discussion it was decided there can't be a bike path without resolving the storm water issue fIrst. The Committee is concerned of it being a safety issue with the new parking garage and the beach traffic. r ".'" ._'- .; Misc. Corms: t;o .~' >"), IJjp....v, 9/8.7/0.5' ,1:"...:; I /P X'tA f!;"~; C~;~,;cs To: ! ", I t 6 ItlllC 4. '" , ""-"" ".,.,~ M.s.' M. AIItt'sorv 60"."" 2885 Horseshoe Drive South Naples, FL 34104 October 6, 2005 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: August 16,2005 V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Tessie Sillery 1. Credit Interest 2. Dept of Transportation Revenue explanation VI. LANDSCAPE MAINTENANCE REPORT: CLM A. Irrigation repairs according to Contract VII. OLD BUSINESS A. Decorative signs and poles - Lew Schmidt B. Bike Path Update - Lew Schmidt C. Benches IX. SUB-COMMITTEE UPDATE'S: A. Utilities - Charles Arthur B. Sidewalks - Carol Wright C. Maintenance - Lew Schmidt D. Tax Analysis - Bud Martin E. Liaison - Dick Lydon VIII. NEW BUSINESS: XI. PUBLIC COMMENTS XII. ADJOURNMENT The next meeting is scheduled/or November 3, 2005 AT ST. JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL . 16! 1 ~ ''':1 """""'''''' M.I.7J.. C 4 .. Adl'6S01J' 6011e_It.. 2885 Horseshoe Drive South Naples, FL 34104 August 16, 2005 Minutes I. The meetina was called to order by Chairman Dick Lydon at 9:02 AM. II. ATTENDANCE Members: Dick Lydon, Charles Arthur, Carol Wright, Lew Schmidt, Bud Martin (Excused) Collier County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator, Don Scott - Planning Dept. Others: Robert Kindelan-CLM, Mike Morrow-Regatta, Sue Chapin-Manpower Services III. APPROVAL OF AGENDA - Add: Under v., (B) Interest Credit, Add: under VII (C) Benches, Add: under VIII (A) Effluent Water Charles Arthur moved to approve the Aaenda as amended. Second by Lew Schmidt. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: July 19, 2005 Lew Schmidt moved to approve the minutes of July 19, 2005. Second by Charles Arthur. Carried unanimously 4-0. IV. TRANSPORTATION SERVICES REPORT: A. Budget Report - Tessie SUlery (Handout attached) The various items were covered with a total of $1, 187,951.41. Revenues and monthly invoices were also covered. B. Credit Interest . Tessie will get an answer on why the Credit Interest is so low. . Dept. of Transportation Revenue was questioned - Tessie will get an answer. . After discussing the Bluebill expenses and plantings, it was decided to take those line items out of Improvements-Capital. V. LANDSCAPE MAINTENANCE REPORT: CLM . Normal maintenance done . Fertilize next week . Sod for Vanderbilt Beach Road will be done in the next 2 weeks . Need to communicate with Baker Carron Point on maintaining the weeds in their area. Not sure whose responsibility it is. Robert will re-check the area to see if it has been taken care of and if not, will report back to Darryl. . Vanderbilt Drive has had grasses tom out by the Telephone Company by the lift station - Robert will sod that area. . Many irrigation heads have been vandalized since school started - is an ongoing problem 1 16' 1 CLMCONTRACTRENEWAL t o Darryl mentioned there are no additional expenses added to CLM's contract for maintenance of sod in the Regatta area. o Gulf Shore & Bluebill weed maintenance should probably be added to the Contract. o Darryl will obtain a square footage figure and a dollar amount from CLM. The Contract does not need to be re-bid at this time. CLM Contract is in effect for 3 years. This is his second year. The Contract already contains a unit price that will be added after staff can provide the correct square footage. It was indicated it will be minimal. ~ \'/ C 4" VI. OLD BUSINESS A. Decorative signs and poles - Lew Schmidt Will present the options to the Property Associations when they meet again in the fall. B. Bike Path Update - Lew Schmidt Lew introduced Don Scott - Planning Dept. There is a bike path on the East side of Vanderbilt Drive from Vanderbilt Beach Road to 91st. Would like to continue it to III tho Discussion followed and Mr. Scott talked about much of the area having a drainage problem. Storm water was discussed and doing a conceptual study. This would be a County or Naples Park project as the MSTU ends mid-street. Getting funds for storm water project was also discussed and Mr. Scott will check on a grant. In summary; there can't be a bike path without resolving the storm water issue first. The Committee is concerned of it being a safety issue with the new parking garage and the beach traffic. C. Benches - Carol Wright The bench on the north end of Vanderbilt Drive is in dire need of replacement. It had been hit by a car. It had been decided when the benches start to deteriorate, they will be replaced by new benches they previously picked out. It should be removed if it is a safety issue. IX. SUB-COMMITTEE UPDATE'S: A. Utilities - Charles Arthur The Committee has a meeting scheduled with FP&L tomorrow and will go over all the details that are needed. Darryl mentioned in his conversations with FP&L it was found they are bringing in someone from the East Coast as a project manager. Pam Lulich and Diane Flagg have gotten involved and influential in setting up the meeting along with Grover Widden. They need to express the option for phasing the project because of funding. B. Sidewalks - Carol Wright The Bridge is a year earlier than expected. Gulf Shore design will be done in 2 months. Trinity Scott is now in charge of Pathways. None of these are MSTU projects; this is just for infonnation only. C. Maintenance - Lew Schmidt Covered earlier. D. Tax Analysis - Bud Martin No Report 2 I 16tl..C4t E. Liaison - Dick Lydon Dick reported he was contacted by Murdo Smith from Parks & Rec. He will meet with him on the future of the Vanderbilt Inn and beach access. (Charles left at 9:55) VII. NEW BUSINESS: A. Effluent Water - Darryl Richard Darryl reported on quotes for design - Johnson Engineering - SI50,000, waiting for McGee & Assoc. and will contact Hole Montes along with sending out a request again to all 7 firms. All MSTU's are on the priority list along with the County Landscape Beautification Master Plan. Little discussion followed on availability and cost savings. Lew will continue to pursue the subject matter under his Sub-Committee report. XI. PUBLIC COMMENTS · Mike Morrow reported the Regatta is still working on the water issue. Also the sign discussed at the last meeting is contracted and waiting for County approval. · Robert Kindelan mentioned according to his Contract he needs to get written or verbal authorization from the County before repairing irrigation. 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I 16 11-. \ 'C I.\. 16> 11-=cEIG=5 '11 AUG 1 8 2005 Co~r Coun-r;y ~ ~-- - 1 0' :O""~ Co,"",,,,,,",,, Fiala !~ Halas =- ~ Henning '/ Coyle :? Coletta Public Services Division Memo DATE: August 17, 2005 TO: FROM: Sue Filson, Executive Manager to the BC~ Kathy Carpenter, Executive Secretary I ~ SUBJECT: Minutes for the Caribbean Gardens Blue Ribbon Committee Attached are the approved minutes for the Caribbean Gardens Blue Ribbon Committee Meeting of July 21, 2005. Thank you. /kc Attachment f. r~,~ t C('i ~T ~~ 3: ;, .. h q/d:7) ~ /&;I.1C5 r Tp,. . ' ",'. ,.~ ~ 'oJ. IJ~2"21 C 5 l l ~ TRANSCRIPT OF THE MEETING OF THE CARIBBEAN GARDENS BLUE RIBBON COMMITTEE Naples, Florida, July 21, 2005 LET IT BE REMEMBERED, that the Collier County Caribbean Gardens Blue Ribbon Committee in and for the County of Collier, having conducted business herein, met on this date at 2:00 PM in REGULAR SESSION in Building "H" training room 216 of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kathy Prosser / Wayne Agnoli Beth Barth /' Dexter Groose - absent / Sara Jewell ~ John Ribes ./ Penny Taylor /' / Clarence Tears V , David Tetzlaff ~ ALSO PRESENT: Charles Carrington, Collier County Real-Estate Services Manager Marla Ramsey, Collier County Public Services Administrator 1 1611, July 21, 200~ \ C 51 I. Call to Order Chairman Kathy Prosser called the meeting to order at 2: 1 0 PM and roll was called. II. Approval of Minutes Mr. Agnoli moved to approve the minutes of June 9, 2005. Second by Ms. Jewell. Carried unanimously 6-0. III. New Business 1. Review Membership Applications Ms. Ramsey noted that the positions have been advertised again, and she will check if it can be posted on the County web site. John Ribes arrived at 2:12 PM. 2. Update on Land Acquisition (Chuck Carrington) Mr. Carrington announced that the two County appraisals had close numbers. TPL has reviewed all three appraisals and has asked to have all of the appraisers re-review according to agreed upon parameters. Penny Taylor arrived at 2:16 PM. Review of Land Acauisition Process: . The average of the two County appraisals will be the offer given to the Fleishmanns. . Mr. Mudd will decide if the numbers should be released at the Board of County Commissioners meeting on Tuesday. . If the numbers are released then they will be emailed to the Blue Ribbon Committee . At the time the numbers are released and found to fall short, supplemental funds will be looked into. Ms. Taylor expressed a desire to meet with County Manager Jim Mudd. Arrangements were made for her to meet with him the following day July 22. He will also be asked to attend the August 16th meeting. Ms. Taylor also expressed that the Blue Ribbon meetings need to be televised. She arranged to have the meeting occur on the agreed date at the City Hall. Mr. Carrington mentioned that the problem with having the meetings televised were the comments made by persons other than Board Members, which did not reflect well on the Fleishmann Family. This is also of concern to the negotiations. Members of the Board felt that it was important for the meeting to be televised for the public. 2 1.611- July 21,2005 \ C? \ Mr. Tetzlaff's uodate on the Zoo: . Non-Profit status was to start in July but could be another couple of months yet. . A Board of Directors is in place. . Four days were spent on and off site to work on strategic and master planning. . It is not the intent to change the historic face of the Zoo. . The growth of the Zoo will be within the current footprint. . Requests are being made to move the fences to the historic perimeter lease boundaries. It was suggested that the Blue Ribbon Committee Members speak at the Board of County Commissioners meeting along with talking to the Commissioners and sending emails about any concerns. Ms. Ramsey noted that the Board of County Commissioners has always thought that the Blue Ribbon Committee would spend down the $40 million, not add to it. The Board has looked at funding the difference between the $40 million and the asking price should there be a difference. Ms. Prosser added that it is not possible to get commitments from donors to pay down the allotted $40 million, or to have commitments toward an unknown deficit. It was agreed to have Mr. Agnoli draft a letter to the Commissioners regarding the Boards Concerns. 3. Gordon River Water Quality Park Presentation (Ricardo Valera) Ricardo Valera made a presentation on the Water Quality Park with the following points: . There will be passive recreation activities. . Two of the reasons for the Park are to reduce the concentration of common pollutants. along with flood protection. . The water will flow through cascading ponds. . A solar powered aerator will be in use. . An Aquifer Storage Recovery (ASR) system is being looked into. . There will be a preserve area. boardwalks. and gazebos. . Tortes relocation will occur if necessary. . If the Water Department has a surplus, an allocation could go to the same cause in a different area. Ms. Prosser left the meeting at 3:34 PM. IV. Old Business 3 ..... 162',15 None V. Meeting Schedule The next regularly scheduled meeting is Tuesday, August 16,2005 at 1:00 PM in the City Hall of Naples. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:50 AM. Collier County Caribbean Gardens Blue Ribbon Committee 4 , C5 PARKS AND RECREATION ADVISORY BOARD MEETING AGENDA Vineyards Community Park 6231 Arbor Drive June 15, 2005 - 2:00 pm 161~" t C 6 ~J RECEIVED AUG 2 2 005 I. CALL TO ORDER Fiala Halas Henning Coyle Coletta II. PLEDGE OF ALLEGIANCE III. INVOCATION IV. APPROVAL OF MINUTES V. NEW BUSINESS A. Parks and Recreation Director - (verbal) VI. OLD BUSINESS A. BCC Beach and Boat Ramp Joint Meeting VIII. SPECIFIC UPDATES A. North Naples Regional Park - verbal B. Vanderbilt Garage - verbal C. Registry Concession Fees - verbal D. Margood Property - verbal E. Oakes Neighborhood Park F. Caribbean Gardens - verbal IX. REPORTSIUPDATES A. Monthly Report B. BCC Recaps C. Special Event Calendar D. Parks Update E. Recreation Update F. Adopt A Park X. MEETING SCHEDULE XI. MEMBER! ADDDRESS LIST r:::~::'~'::."~.':'::;:'::~':::::::::~?~~;::2":7~ 1 II ., .; ~ :'1 D"""e: "L i 1 ~ 4 ~ I ~.. - I I Caples To: . " ,; ~~~:;"~~~7.:;:~-' ....:.:,'. :,;:.:..:..:;:::~:.;.::"*",";.",.:~ .h...~t.ol/iU~~.If.~.~~:.;........"..J"J.:1ltt : :1 \ 16 J 1 t C b" \ PARKS AND RECREATION ADVISORY BOARD MEETING \ Vineyards Community Park - 2:00 pm June 15,2005 Present: John Ribes, Chairman Ski Olesky, Vice-Chairman Timothy D. Toole Skip Riffle Joe Overbeck Frank Donohue John MacDougall Staff: Murdo Smith, Interim Parks and Recreation Director Raymond Carter, Operations Manager John Veit, Parks Superintendent Joe Delate, Senior Project Manager Amanda Townsend, Operations Analyst Steve Whittier, Recreation Superintendent Barbara Johnson, Sr. Administrative Assistant Tona Nelson, Sr. Administrative Assistant I. Call to Order at 2:05 II. Pledge of Allegiance III. Invocation - John MacDougall IV. Minutes of May 18, 2005 meeting approved. V. New Business Murdo Smith read the press release on the appointment of the new Parks and Recreation Director, Mr. Wayne Boyer. The new Director will begin work on June 20, 2005. VI. Old Business - BCC Beach and Water Boat Ramp Workshop on June 7,2005. Amanda Townsend passed out a handout on Beach Access for the current operating budget and the capital budget. A universal beach-parking fee was discussed based on information from the handout. Funding options were also discussed. A summary of user fee options was also included in the handout with the P&R staff recommending option number three as the first choice and option number 12 as a second choice. Mr. Ribes attended the workshop and said that it was good and favorable but also added that the Advisory Board should push the BCC about how serious we are about beach access. It has reached a critical stage and this issue has been going on too long. Motion: The Advisory Board recommends Option 12 at $20 per year or $40 for two years. Motion seconded and passed 7-0. 1 16 , l\"C b'l Murdo handed out a drawing of the 25-foot access the developer gave to t~~county between the Vanderbilt Inn property and Delnor Wiggins State Park. This will be a good area for the shuttle to drop off the beach going public. There was discussion about the parks at Ave Maria. These parks will be pri vate and not open to the public. VII. Specific Updates A. Vanderbilt Garage - Murdo Smith Construction has started on the garage. We should have building permits soon. The leased property for parking is under water due to all the rain we had for two weeks. We are having shell brought in to fill in the low areas. B. Registry Resort Concession Fees - Murdo Smith Murdo stated that he tried by phone to negotiate this issue and no response. So he wrote a letter to the General Manager of the resort and has not recei ved a response. C. North Collier Regional Park - Joe Delate The park is flooded from all the bad weather we have had in the area. Silt fence broke and the wetlands are comprised. There are problems with the roof on one of the buildings. Joe stated that he would be able to provide better information at the next meeting after he has met with Kraft Construction. D. Margood Property - Amanda Townsend There is a temporary construction fence on site. Collier County will be doing the demolition of the project site. The old docks will be taken out and replaced. There will be picnic tables and grills for the public to use. All the trash and old trailers will be out by the end of the month. We plan to have an architectural survey done by spring. There will be a public meeting to find out what the residents in the community would like for the new park and then the bid process will begin. E. Oakes Park - Murdo Smith Murdo referred to the outline included in the book that was provided for the meeting. He asked everyone to review the material on his or her own time. F. Caribbean Gardens - Amanda Townsend The county ordered and received two independent appraisals for this property. The county has also received the appraisal from the landowner. The Trust for Public Land is negotiating a price for the county. The county will hire an independent appraiser to review the three appraisals. 2 \ 1611 .~ Co VIII. REPORTSIUPDA TES \. A. Monthly Report- Ray Carter reviewed information on beach stickers B. BCC Recaps- Murdo reviewed the BCC Recaps. He pointed out that the contract with the Sheriff for traffic control using off duty deputies was approved by the BCC for the remainder of this fiscal and year and next fiscal year. Murdo also commended Joe Delate and staff on the large sales tax savings at the North Collier Regional Park. The total to date is over $700,000. C. Special Events- Steve Whittier provided information about the July 4th celebrations. The West Point Jazz Band will be performing at various locations around the city and county. There will be a fireworks display, the usual joint operation with the City of Naples. There will be an ice cream social on July 30,2005 at Sugden Regional Park. D. Parks Update- Joe Delate reviewed the material included in the meeting packet. E. Recreation Update- Steve reviewed the information included in the meeting packet. He said there was a soggy start to summer camp, due to a week of rain. He also indicated that Collier County has a record number of kids enrolled in summer camp. F. Parks Maintenance Update- John Veit explained that the parking lot at Rover Run is being paved. He purchased new remote, state of the art scoreboards for the various parks. He also purchased new bleachers for some of the parks. He is in the process of getting quotes for the purchase of new playground equipment for various parks. All the parks are currently being treated with chemicals and fertilizer is going down. The rain will help green up the fields. G. Recognition- Murdo Smith took a few moments to recognize Barbara Johnson for her dedicated service to Parks and Recreation for many years. This is her last P ARAB meeting because she is retiring on July 1,2005. Murdo also took a few moments to recognize the beautiful dedication of the park at Lake Trafford for Ann Olesky. Meeting Adjourned at 4: 10 p.m. The next meeting is Veterans Community Park on August 17,2005. 3 ...~:-t~: ._,.. -.---- . '.. c '1 COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF MONDAY, AUGUST 8, 2005 16 I rl=CEI~Jb 7 AUG I. 2 Zi.W5 ~~, .:1\:::,,1,> ';"~r'\,J.',~ -~_";"~~~"'~'''';''<~{.'' ...M,~-""':",.,...-..: 1';'.,.,.~,... "IVtfll.~"......... ,.., .._~._.... ...........,...~... ..~..~ ;i1t~'C...r.Cll'ts';.. Corres' , ''-'1, l.r. _ II Board of County Commissioners MEMlt>>iRS Robin Doyle PRESENT: L. ,- ~~~;:'3 To: STAFF: Theresa M. Cook '-...;;.,...-,~",." ...... ....... '." Debbie. Hamaga...,;;;;;~. Steve Price Jim Peterka Gene Schmidt Bob Tweedie Thomas Palmer John Kirchner Winona Stone Debi Mueller PUBLIC: Richard Schmidt Mike Taylor William (Bill) Griffiths Tammie Nemecek Carol Glassman I. MEETING CALLED TO ORDER Meeting called to order at 1 :05 p.m. A quorum was not present until! :45 PM when Mr. Doyle arrived. III. APPROVAL OF AGENDA Following addition of the following two Agenda items by Theresa Cook, "VI-H. New Business: Resolution 05-13 and Amendment 1 to Work Order CCAA-05-03," and "VI-I. New Business: Purchase of Panther Mitigation Habitat," Mr. Price moved approval of the agenda as amended. Mr. Schmidt seconded the motion and the Agenda was approved by a 4-0 vote. IV. APPROVAL OF MINUTES The June 13,2005 Minutes of the Authority were unanimously approved, after motio accept by Mr. Price and second by Mr. Peterka. Fiala Halas Henning Coyle Coletta V. EXECUTIVE DIRECTOR'S REPORT /i/ v A. Financial Statements: Theresa Cook, Executive Director, informed the CCAA that the quarterly financial statements for the quarter ended June 30, 2005 (included in the agenda packet) will be provided to the Board of County Commissioners. She also welcomed questions and/or comments regarding these financial statements. B. Immokalee Permitting Status: Theresa also informed the Authority that the permit for Immokalee Regional Airport development is "in queue" to be reviewed by US Fish and Wildlife. After that review is completed, the permit will be sent to the US Army Corps of Engine Mile. ~sa predicts those reviews will be completed and the permit will be in place in .rv.larch of2006. Sh~al~ 5 confirmed that staff has been communicating with the affected busiH@~ iBtereEti. / 1/D Item #: J ~ I !l- e 1- 1 Y:lAdministrationlAA BoardlMinutes\2005\8-08-05 minutes. doc Copies to: 1 ~ u 1 C 7 ,', The Executive Director informed the Authority that Florida Panther mitigation applicable to the Immokalee Airport will cost the CCAA approximately $350,000 for Phase I Development of the Airport. The Authority has almost $1.5 million of grants funds, but needs to determine which of three grants will permit the Authority to use funds to purchase habitat for Florida Panther mitigation. C. Airport Layout Plan (ALP) Update: The previous ALP was developed by an engineering firm that does not have special expertise in the subject matter of airport planning. The proposed ALP, being developed by URS, maintains more wetland area and utilizes more natural water flows than the plan previously developed by Hole Montes. These changes in the ALP should reduce the Authority's mitigation expenses. Mr. Price expressed concern about the probability of having to close the Immokalee Regional Raceway in anticipation of further development beginning at the airport. He would like assurance that businesses will be ready to begin construction as soon as all necessary permits are in place and that the Authority has a long-term development plan for the Immokalee Airport before the raceway operation is shut down, which has brought many individuals to the Immokalee area and has generated considerable revenue for local businesses and the Authority. Bottom Line: Mr. Price does not want the raceway operation shut down before such shut down is really necessary. Theresa informed the Authority that "Salazar Machine" has its construction plans and its financing in place, and anticipates she will be presenting a lease for Salazar next month. General frustration was expressed with the Authority's current engineering firm, Hole Montes. Theresa stated that we are filtering a significant amount of work through Hole Montes to URS in order to utilize the substantial resources ofURS and to expedite work items. D. Status of Airport Navigation Aids Mr. Schmidt and Chairman Doyle notified staff that the instrument approach for Immokalee Regional Airport is inaccurate. That equipment is owned and maintained by the Federal Aviation Administration (FAA). Bob Tweedie, Airport Administration Manager, will forward information regarding the inaccurate readings to the FAA. If staff determines that the decommissioned LocalizerlDME at the Marco Island Executive Airport has any value, those items will be sold utilizing the County's bid processes. E. Close-out of Everglades North Taxiway Project The Executive Director stated that the Everglades North Taxiway Project has been completely closed out and fully paid for. 2 Y.'lAdministrationlAA BoardlMinutes\2005\8-08-05 minutes,doc 16 11 <, C 7 F. Fuel Flowage Fee Policy Theresa informed the Authority she is working with Council to develop a Fuel Flowage Fee Policy for commercial operators. She anticipates possibly presenting a proposed fuel flowage policy at the CCAA's September 12,2005 meeting. The County Attorney's Office is gathering information about the fuel flowage at other Florida airports. VI. NEW BUSINESS A. Executive Director's Performance Evaluation: Chairman Doyle stated that he is preparing a "Performance Evaluation" of the Executive Director, which he will share with Board members at the September meeting. Any member who wants to add to or comment on her evaluation can do so at that meeting. He also stated that he is working with Theresa to set specific measurable goals and objectives for the upcommg year. B. CCAA Resolution No. 05-12 and Amendment 1 to Hole Montes Work Order Work CCAA- 04-07 in the amount of -$59,655 (from $72,475 to $12,820) for Phase I Lake, Canal Realignment and Water Control Structure at Immokalee Regional Airport Chairman Doyle abstained from voting on this issue, because of a conflict of interest, thus the required quorum to vote on the merits of this item was not present, and the item will be continued to the September 12, 2005 Agenda. It should be noted, however, that none of the meeting attendees expressed any concern about this contemplated Work Order. C. Board Vacancy/Resignation Mr. Raymond Rewis's letter of resignation, FAXed to the Authority, will be forwarded to the Board of County Commissioners (BCC) so that the BCC can declare the position to be vacant. D. Board Members Recommendations Four applications for a seat on the CCAA have been received. Mr. Peterka made a motion to recommend the BCC appoint all four (4) of the applicants: The applicants are Jim Peterka, Steve Price, Byron Mead and Richard Schmidt. CCAA member Gene Schmidt seconded the motion and the motion passed 4-0. Mr. Palmer noted that CCAA members whose terms have concluded remain active members ofthe CCAA until the BCC appoints a new member to each respective seat on the CCAA. E. KPK Lease Amendment The Board voted unanimously to accept the Amendment to the KPK lease, after motion to accept by Mr. Price, and second by Mr. Peterka. 3 Y:lAdministrationlAA BoardlMinutes\2005\8-08-05 minutes.doc .... 16'l..C~ F. Sod Harvest Agreement Subject to grammatical changes and satisfactory credit check, Mr. Schmidt moved to accept the proposed Sod Harvest Agreement with Bud's Sod, LLC. Motion was seconded by Mr. Peterka, and passed by a 4-0 vote. G. Review Bids for Cessna 182 The Authority received two (2) bids for the CCAA's airplane that is for sale. Both bids were greater than the $85,000 minimum acceptable bid. Mr. Price made the motion to accept the higher of the two (2) bids, Mr. Peterka seconded and the motion passed by a 4-0 vote. H. CCAA Resolution No. 05-13 and Amendment No.1 to Hole Montes Work Order CCAA- 05-03 in an amount not to exceed $12,000 (from $40,000 not to exceed $52,000) for Immokalee Airport Layout Plan (ALP) This item was continued to the September 12, 2005 Agenda as Chairman Doyle had to abstain from voting due to his conflict of interest and, therefore, the required quorum was not present to vote on the merits of this item. No CCAA Board members expressed any concern regarding this proposed work order. 1. Purchase of Panther Mitigation Habitat in an Amount not to exceed $350,000 Subject to Grant Agencies' approval to utilize grant funds to purchase panther mitigation habitat, Mr. Price motioned to approve the purchase of such for an amount not to exceed $350,000. Mr. Peterka seconded the motion. Motion passed unanimously. This action of the CCAA only authorized staff to proceed with the panther mitigation. VII. PUBLIC COMMENT A citizen, William "Bill" Griffiths, informed the Authority that the dew point is off on the A was at the Marco Island Airport. As noted above in Agenda Item V. (D), Bob Tweedie will inform the FAA about the inaccurate navigational aid. VIII. ADJOURNMENT Meeting adjourned by Chairman Doyle "without objection." 4 Y:lAdminislralionlAA BoardlMinules\2005\8-08-05 minules.doc 1 ~=Ms 8 411 Henning_.. Coyle COLLIER COUNTY DOMESTIC ANIMAL SER~~~ ADVISORY COMMITTEE March 15, 2005 . AUG 1 7 2005 Meetmg was called to order at 6:40 PM and concluded at 6:41 PM. Board of County Commissioners RECEIVED PRESENTATION WAS GIVEN TO THOSE IN ATTENDANCE MARCH 15, 2005 A presentation was given by Mary George, President and Chief Executive Officer for the Community Foundation of Collier County: . A non-profit Foundation for 20 years . Leadership Training - Non-profit management programs . Grants awarded . Connect donors to the causes of their choice . Offers the Administrative Services . Endowment . Donations are accepted and set-up into a fund . Can take 3 years to build up fund of$10,000 to start . Can be invested for an endowment fund or choose a non-endowment fund . Fee to use funds going in and out is 2% (pass-through) Charged quarterly-not on activity. . Questions asked concerning the $10,000 balance and S01C3 status. . All grants are approved by the Foundation Board making sure they are going for charitable work. . The Foundation itself is a 501 C3. The donor is making a contribution to the 501 C3 and gets the full benefit of the contribution. (Honors donor intent of the contribution) . Advantage of using the Foundation is the relief of Administrative duties & flexibility - advantages and disadvantages discussed concerning the 2% fee and administrative duties. (Forms & paperwork of setting up a S01C3 discussed) . Has a Fund Agreement (Mission Statement) . Do donor educational events . Planned giving - gifts set-up for particular purpose . Endowed fund - can't draw on assets . Strategic workshops held, donor educational events, volunteer management, fund raising etc. . Covered the procedure and steps to take to procee.9.--r:."._:,_~Set.up Agreement:<~~.:..c""';'.'::.:::::' Form through Parks & Recreation. F~ M1;:;c. Ceres: f C:. '~~;: _._1/~71 ()5 IL',! / hI :;'C t 1 ~ ~ ,',,,>.... Tn' ~ l.i\)t~' ,v..,) ijJ. 6.-,....~. 1 . . 7'''''..~,.'i...~ --.,...._., ......, ',.J . .. of....'.' .....-,'.~..~ ,~,,,,.~.'''''''''''''''''~ .,:~ .:.:' ,,,' '_Jli,'~ ~'",t.:.~t..;,_.._. Fiala Halas Henning Coyle Coletta 11. C9'~ J Memorandum RECEIVED AUG 1 7 2005 Board of County Commissioners To: Sue Filson, Executive Manager, Board of County Commissioners From: Maria Bernal, Tourist Tax Coordinator, and Tourism Department ~ Date: August 12, 2005 Subject: COASTAL ADVISORY COMMITTEE MINUTES Attached are the June 9, 2005 Coastal Advisory Committee Minutes that were approved on August 11,2005. Attachments r..:: ..:,:~.~ \, i r~: 3: ( T". ., 16Jule looi C 9" j TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, June 9, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :09 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Ron Pennington John Arceri Gerald Camiener (Excused) Murray Hendel (Excused) Heidi Kulpa Ronald Minarcini Tony Pires John Sorey III Paul Sullivan ALSO PRESENT: Gary McAlpin, Coastal Projects Mgr. Maria Bernal, Tourist Tax Coordinator Dr. Mike Bauer, City of Naples Heidi Ashton, Assistant County Attorney Jack Wert, Director of Tourism Maura Krause, Environmental Services 1 June 9,2005 16' 1 "If C 9.' L Tbe meeting was called to order by Cbairman Ron Pennington at 1:'; t4t. n. Roll Can - A quorum was established with Mr. Hendel and Mr. Camiener being excused. The new member Ronald Minarcini was welcomed. m. Changes & Approval of Agenda - None - Mr. Sorey moved to approve the Agenda as submitted. Second by Mr. Arceri. Carried unanimously 7-0. IV. Public Comments - None V. Approval of CAC Minutes 1. May 12,2005 - Page 6 - change motion to 7-0. Mr. Pires had left earlier. Mr. SuUivan moved to approve tbe Minutes of May 12, 2005 as amended. Second by Mr. Arceri. Carried unanimously 7-0. VI. Staff Reports - Gary McAlpin 1. Revenue Report - (Attached) · Report was given with finishing the year with approx. $1O.5M · Will have enough Revenue to complete projects · Tax Collections are good 2. Monthly Project Status Report - (Attacbed) · Changes have been made & working on closing out as many projects as possible · Working with Dr. Bauer from City of Naples Vll. New Business 1. 4th Percent Tourist Tax Proposal- Jack Wert (Power point presentation given) Refining proposal and will be presenting to the Hoteliers next week. This will need a majority vote by the Board of County Commissioners. Mr. Wert commented they would have support by the BCC if the Advisory Boards concur. Support is needed by the Hotels. Brief outline of presentation is as follows: · Objectives to increase summer and shoulder business (spring and fall) by 1%. · Would like to see Tourist Tax revenues increase by 5% · Increase information inquiries to website · Increase brand and name awareness of area · Gave figures for current tourism budget "05 · Promote our destination · Proposal- Based on this year's revenue - $3.3M from each penny they now receive, 4th percent would go towards advertising, public relations, promotions and research. · Current Category "B" - will retain for Administrative costs & reimburse the emergency fund (need to replenish) · Remainder - recommend 66% back to Category" A" - Beach & Inlet Program and 34% Beach Access 2 14~i. C 9 · Gave examples of getting and not getting the 4th cent. · More opportunities for marketing, advertising and public relations · Emergency funds used only for advertising after a disaster · Allocation breakdown shown for '06 FY Budget . Revenue projections given . Benefits o Sufficient & dedicated to Advertising and Promotions o Emergency Fund o Additional funds for Beaches and Inlets o Additional business for Hotels o Additional marketing opportunities o Can afford the International Market for advertising and promotions o Sports Event Promotions · Time frame - go to BCC July 26, 2005 and implement in October 2005 A lengthy discussion from the Committee members was held with opinions expressed. Many expressed their support as it will add more revenues for beaches and felt it would be very beneficial for the Category" A" funds. Mr. Arceri moved to recommend and support the 4th cent as submitted by Mr. Wert. Second by Mr. Sullivan. Carried 6 "yes" -1 "no." Mr. Pires voted "no". VITI. Old Business 1. Inlet Subcommittee Report - (June 2nd meeting) - Paul Sullivan An updated draft of "Inlet Policy & Funding Guidelines for Tourist Development Taxes" was distributed (Attached) Mr. Sullivan covered the draft and discussed the six passes. He would like to go forward and present it to the BCe. A power point presentation was suggested. The next step is to go through the Inter-Local Agreements and would like to conclude at the end of summer. Mr. McAlpin wishes to present the draft to the rest of the community and the different stakeholders with the objective of getting an understanding of the funding responsibilities. A visual will be in the presentation. The draft will be tweaked as they go along. Discussion followed on the draft and Committee member's comments. Discussed technical input, inter-local agreements, impact on Tourism and beach quality and non-beach quality sand. Consensus of the Committee was to have Gary proceed with presentations with stakeholders and local government for their input. 3 1 ~ 'I ..~ C ~,e~, 05; 9 SPEAKERS Kyle Lukasz - Pelican Bay Services - thanked the sub-committee for the language on the restoration management permit - but has a concern on the dredging of the ebb shoal and the impacts it may have on the adjacent beaches in front of Pelican and Clam Pass Park. Invited Ken Humiston to present technical information on behalf of Pelican Bay. Ken Humiston - Humiston & Moore Engineers - pleased with committee looking at the inlets in the County. There is a lot of information that can be used. The inlets are all different in many ways and different management practices and policies that should be applied for each inlet. Discussed Clam Pass specifically. It is the smallest inlet in the County and dredged like Wiggins Pass but not for navigational purposes. Clam Pass is dredged to improve tidal flushing in Clam Bay. Dredging doesn't go across the ebb shoal and has a very shallow draft. He would not recommend extensive dredging of the shoal because natural inlets form to a size that is a function of the size of the inlet. Will form a platform bypassing the inlet. He mentioned situations change from time to time and as long as the shoal is left in its natural state, it will provide a platform where sand can bypass the inlet from one side to the other. Recommended to continue managing the inlet the way it has been. Mr. Pennington mentioned they had Inlet Management Plans for the inlets and asked if updates should be done and then approved officially, by the County Commissioners. David Roellig - speaking on behalf of himself and is a member of the Estuary Conservation Assn. - there is a disagreement on what to do with the sand. Clam Pass had been dredged previously and he is opposed to dredging in the area again. (Referred to map) Talked about the inlet policy the committee is working on. Committee would be involved in monitoring and studies every year on every pass. He commented on Wiggins Pass that the Estuary Conservation Board does not have the funding to provide or enter into an agreement any time soon. Also mentioned them starting an MSTU. The County has the responsibility to get a better understanding of what is happening in Wiggins Pass. Mr. Sullivan gave summary: · Sub-Committee will continue to work with interested parties for their input and opinions. (phase I) · Will not be a formal agreement . Draft will need fine tuning · Will bring back to Committee for their August or September meeting · Then submit to the BCC . Also solicit input for Phase II Mr. Pennington stated the package they have now is adequate. 2. County/City of Naples Beach Renourishment Update - Gary McAlpin · Going out for bids on three qualified contractors - due July 1 st 4 16 Ilt\ioo5 C 9 . In process of writing biological opinion and have reviewed by July 1 st . No update on the easements, but Dr. Bauer stated they are under 10 out 124 for the City of Naples. 3. Discussion of Dredging Methods - Gary McAlpin a. Details of Construction Qualification Requirements - (attached) b. Cutterhead vs. Hopper Dredge - hopper dredge is recommended, accepted in the industry practices and approved for use. Showed both on the visualizer. Wouldn't have a problem with either method. c. US Army Corps of Engineers-Biological Report-Atlantic Coast, NJ Final report attached. 4. Hideaway Beach Renourishment Update - Gary McAlpin . Start dredging today or tomorrow . Has had weather issues . Equipment is on site . Will finish in 26 calendar days when work is started and were given 4 additional days. Mr. Pires distributed (attached) Article V. Sea Turtle Protection, Section 54-147, code for City of Marco Island. He read sections and asked if they are following the Code. Mr. McAlpin responded he involved many of the City Officials of Marco Island in the process and the City recommended they proceed. The County did obtain a vegetation permit. Gary stated they will also get a variance if needed. - T -Groin # 1 & #2 is complete - Sheet piling is in and the rock is on the channel side of the jetty Maura Krause - Environmental Services - update every Monday on sea turtle info - 84 nests and III false crawls. 1 nest and 1 false crawl on Hideaway with the nest located where the renourishment is going to start, but is far enough back. The Contractors are building a dike in front of it and have it marked off She has been working with the Hotels and Contractors. 5. Marco South Beach RenourishmentlCaxambas Pass Dredging Update - Gary McAlpin . Completed sea grass survey . Responded for RFI . Will solicit proposals for bid specs etc. . Biological Opinion will be submitted to F&WL . Start January and finish beginning of turtle season 6. Wiggins Pass Dredging Update - Gary McAlpin . Is finished . Dredged approx. 49,000 cubic yards 5 1 ~j,lo. C 9 I ~. ... . Handout distributed - graphs showing inlet cross sections . Discussed the different stations . Natural channel has conformed back to original profile within a months time . Will remark channel - depth of 7 feet is adequate for boat traffic . Speculation on the added fill . Is complete and project is closed . Contractor worked for 5 months with undersized equipment but worked with the County David RoeUig mentioned to do another survey as once a year is not adequate. 7. Doctors Pass Renourisbment Update - (City of Naples project) - Ron Pennington - 3 bids received - will make recommendation to City of Naples to award bid to Lake Michigan Contractors. IX. Public Comments - none X. Announcements - none XL Committee Member Discussion - Mr. Arceri commented on building the new pathway on Tigertail and not putting in the tram. xu. Next Meeting DatelLocation 1. August 11, 2005 - 1:00 PM - BCC Board Room There being no furtber business fir the good of the County, the meeting adjourned by order of the Chair at 4:24 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Ron Pennington, Chairman 6 Fiala Halas Henning Coyle Coletta J' I V ~/ 16111 JDq .. N'i t4 RECEIVED AUG , 7 20CJ Memorandum Board of County Commissioners To: Sue Filson, Executive Manager, Board of County Commissioners From: Maria Bernal, Tourist Tax Coordinator, and Tourism Department Date: August 12, 2005 Subject: COASTAL ADVISORY INLET MANAGEMENT SUB-COMMITTEE MINUTES Attached are the June 2, 2005 Inlet Sub-Committee Minutes that were approved on August 11, 2005. Attachments r,"\::,:~:...' ow';: :~:3: r . ;:_ilc2]L~ ,; / f4 I !). C 9 t::i- . ;:::) ;0: Jle~'l J ~ t TRANSCRIPT OF THE MEETING OF THE COLLIER C 9 A COUNTY COASTAL ADVISORY INLET SUB-COMMITTEE Naples, Florida, June 3,2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Inlet Sub-Committee in and for the County of Collier, having conducted business, met on this date at 1:00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Paul Sullivan Heidi Kulpa John Sorey III ALSO PRESENT: Gary McAlpin, Coastal Projects Mgr. Maria Bernal, Tourist Tax Coordinator Ron Pennington, 1 t~2~51 tI I. The meeting was called to order by Chainnan Paul Sullivan at 1:00 PM. II. A quorum of the sub-committee was established. III. Agenda - No changes. IV. Public Comments - None v. Approval of Sub-Committee Minutes - May 3, 2005 and May 12, 2005 A correction of inserting the word "of" in between the words "couple" and "years" on the minutes for May 12, 2005 under StafT Reports first bullet point. Mr. Sorey moved to approve the minutes of May 3, 2005 and May 12, 2005 with changes. Second by Ms. Kulpa. Carried unanimously 3-0. VI. Staff Reports Gary McAlpin- * Hideaway Beach should be completed at the end of the week. There was only one false crawl for the Turtles. * Schneider Dredging has finish up. * Authorization has been given by the Fish and Wildlife Federation for the County to write a balanced opinion that will be reviewed; if the Fish and Wildlife Federation feel it is balanced then it can be used. * There is an aggressive schedule for this season. Mr. Pennington- * Three bids have been received for Doctors Pass. · It is anticipated that the City Council will reward the bid to the company Lake Michigan. * Dredging should commence toward the end of July. * The sand is being deposited off of the beach so dredging can occur during Turtle nesting season. Gary McAlpin will arrange for a presentation of dredging techniques for the next full Committee meeting. VII. New Business - None VIII. Old Business 1. Draft "General" Inlet Management Plan 2 L6, zll ,: C 9 Mr. McAlpin distributed copies of the revised draft for the "Coastal Advisory ,~, Committee Inlet Policy and Funding Guideline for Tourist Development Taxes". The engineering schematics will be added on. This document is in addition to the current policy. This draft is the first step; the second step is to look into any additions needed. Discussion on the exclusive use of beach compatible sand placed on the beaches. Inlets are included in the restoration if the sand is usable. At times it is not necessarily that the beaches need renourishment, it is done because the passes have built up and need dredging for navigation. Mr. McAlpin suggested taking two documents to the County, one as it is and one that has been revised. With another meeting discussion points can be developed. Mr. Pennington- The objective for starting this committee was continued education in various areas and to develop a draft document on tourism tax use. Suggested Changes- Caxambas Pass * Use the language "resolution" instead of "interlocal agreement". * Mr. McAlpin will draft an initial interlocal agreement. * Marco Island could have a special taxing district for Caxambas Pass. Gordon Pass No Changes Mr. Pennington will speak to Humiston & More to get more specific information. Doctors Pass No Changes Clam Pass Kyle Lukasz, Operations Field Manager for Pelican Bay Services- It would be good to stay within the current pennits. Records of the Pass have been kept and monitored. The language for Clam Pass could be modified to read "Consistent with maintenance history and the Clam Pass Inlet Management Plan, Tourist Development Tax will be used for maintenance dredging to remove the beach compatible sand in the flood and ebb tide shoals as defined in Exhibit B and consistent with the Clam Bay restoration pennit." * Exhibit B will be created and attached. 3 J * The exhibits on all Passes will be on the web site. * Interested Public will be able to attend the discussion. 16 JJe too; r 'C9 A Wit!2ins Pass No Changes Bit! Marco/Capri Pass * Mr. McAlpin will draft an initial interlocal agreement. Ms. Kulpa moved to accept cbanges of the draft and actions to be taken. Second by Mr. Sorey. Motions carries 3-0. '" Mr. Sullivan will look into the persons needed to come together for Marco Island. * Mr. Mudd will need to be active in the interlocal agreement draft. '" The draft will be revised for the c.A.C. full committee meeting on Jooe 9th. IX. Public Comments - None x. Announcements - None XI. Committee Member Discussion - None Xll. Next Meeting Date/Location - August 4,2005, location to be determined. There being no furdter business for the good of the County, the meeting was adjourned by order of tbe Cbair at 2:45 PM. COLLIER COUNTY COASTAL ADVISORY INLET SUB-COMMITTEE Paul Sullivan, Sub-Committee Chairman 4 J6') CIOf CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Fla'. HillEl. Honnfng (:}.OYII ~ (~'1IQttl Naples, Florida, June 13, 2005 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in the Board Meeting Room E third floor, Administration Building, of the Government Complex, 3301 East Tamiami Trail, Naples, Florida, with the following members present: CHAIRMAN: Kathy Prosser Bill Poteet Michael Delate Tony Pires Marco Espinar Ellin Goetz - Excused Absence Wayne Jenkins Will Kriz Mimi W olok RECE\VED AUG 2 3 2005 . . "loners d ~f ".~ur'" COlllrnlss, Boar "I...'.' ." Collier County Staff: ..,.~~r'~-::i'.:Ar;;:~"~tl':""\~.:tt',W...~;;f"'.'":'.o:-~;~"'~"'~"~""~Al~, Alexandra Sulecki, Program C~inator.'~"--""".'ww':,,":,:,:::,,-:-:~.,"~:~:,~;::~ Cindy Erb, Senior Property AcquisitiOlMS~t&iU$t Michael Pettit, Chief Assistant~County ~~~?rney 1 /:; 7/oS 0..,.". 1, 1::<:) I&; I.2. C/D C~H);I-H" T". t..,.. l~": ',- <-" I ~.... .... . -' . . .' ".-')..... ". ~...' .~:. ~ .,,',\.'-' '::~,.': .,'~-~..~,~;.:~'~:';"~~';:~'~'~,:'.t~ :;"~~,;'~:,;~;~:;-.. I. Roll Call 16J~el'~5C 1 0 The meeting was called to order by Chairman Kathy Prosser at 9:01 AM. Roll call was taken and a quorum established. II. Approval of Agenda Mr. Espinar moved to approve the agenda. Second by Mr. Delate. Ms. Sulecki made the addition of "V. E. Referendum 2006 draft language" to the agenda. Carries unanimously 7-0. III. Approval of May 9, 2005 Minutes Mr. Jenkins moved to approve minutes. Second by Mr. Delate. Carries unanimously 7-0. IV. Old Business: (Mr. Pires arrived 9:03AM) A. Real Estate Services Update on Status of A-list Properties Ms. Erb: * Agreement Language in the surveys has been modified to require surveys if existing; all future contracts will contain this language with the exception of the School Board Property. * Golden Gate Unit 53- Thirteen parcels have been acquired totaling 25.64 acres. * Goddard Agreement- Pending the BCC approval on June 14th the closing is scheduled for July 8th. * Sill Agreement- Pending the BCC approval on June 14th the closing is scheduled for August 19th. * North Fleishman Parcel- Once the design has been approved; staff will be working with transportation to determine what will be available for conservation. * Talon Land Group Parcel- Determination of possible land for Conservation is still underway. * Malt Property- The closing occurred on June 10th. 2 1 g,e~,Jo" C 1 ( * Watkins Jones- The agreement was approved on May 24th. A favorable Phase One Environmental Audit was received, indicating no apparent pollution problems. The closing is scheduled for August 19th. * Collier Development Corp. - Appraisals will be ordered. * School Board Unit 24 Parcel- The School Board staff will be reviewing the offer on June 23rd; if accepted the agreement will go to the BCC in July. * Macintosh Parcel- Coordination's are being made with transportation for a future right- of-way on roads Logan and Pine Ridge. An offer will be made once appraisals are received. * Winchester Head- A 1.14 acre parcel was acquired on May 2ih. * Lubbers Agreement- As a result of the board's approval on May 24th the closing would occur August 5th. * Cooke Agreement- As a result of the board's approval on May 24th the closing would occur July 22nd. *Moreno Agreement- This agreement consists of two parcels and has a scheduled closing date of July 8th. * Two additional applications have been made. Appraisals for these properties have been ordered; upon receipt offers will be made. B. Contracts/Agreements - Sill, Moreno, Goddard Ms. Sulecki: *Sill- (Review location and price as stated in Executive Summary) Ms. Wolok moved to approve the Executive Summary for Sill. Second by Mr. Delate. Carries unanimously 8-0. * Moreno- (Review of location and price as stated in Executive Summary) Mr. Poteet moved to approve the Executive Summary for Moreno. Second by Mr. Delate. Carries unanimously 8-0. * Goddard- (Review of location and price as stated in Executive Summary) Mr. Jenkins moved to approve the Executive Summary for Goddard. Second by Mr. Poteet. Carries unanimously 8-0. 3 16el1.15W4C 1 0 C. Recommended changes to scoring format, adding TDR-based bonus points: Lands Evaluation & Management Subcommittee There is a three tier system of points based on the level of TDRs being withdrawn from the property. The development rights of the property are removed and points are given. It was difficult to work out a system or points when the TDR system has not been executed. It was suggested that a point system be set up due to the fact that they didn't want Conservation Collier to purchase properties with TDRs, it was suggested to sever property rights before the property was sold to Conservation Collier. A suggestion was made to wait to reevaluate and determine ifthere will be a demand for the TDR program. Speakers: Nancy Payton, Florida Wildlife Federation- Ms. Payton recommended to adopt a policy not to purchase lands within the sending area due to the Commissioners having adopted a policy that provides land for free. Last week the Commissioners adopted amendments to the growth management plan that provide three additional TDRs; the base line TDR with early program initiation bonus, second by exotic removal with a management program, and third by conveying land to Conservation Collier or a public conservation entity. The County should not have to compete with Conservation Collier. Brad Cornell, Collier County Audubon Society- Rural fringe sending lands and rural lands stewardship areas are two different types of sending lands. The rural fringe sending lands have the TDRs attached to them. Mr. Cornell suggested to stay within the boundaries of the ordinance and continue to seek acquisition of the rural fringe sending areas while promoting the use of TDR credit severance. Conservation collier has an educational role. Nichole Ryan, Conservancy of South West Florida- Work on a set of policy procedures as a parallel track for sales and donations of land. Ms. Sulecki- There is a process available. Mr. Delate moved to use the outreach committee and mailers for public education, and not to make any formal policy on the bonus program until such time when the effectiveness of the TDR program can be determined. Second by Mr. Espinar. Carries 7-1 with Mr. Pires apposed. The subject should go back to the subcommittee to be brought forth at a later time. v. New Business: A. Cocohatchee Creek Preserve "stovepipe" - neighbor requests to purchase Ms. Sulecki: 4 1 ~nLlo' C 1 0 A correction needs to be made on the summary the closing actually occurred on July I st. (Review of Executive Summary) There is a small piece of property that is under a fifth of an acre that is not accessible with the trail. The Welch family that the property abuts is interested in purchasing this small portion to control their buffer from the road. Sale of land acquired with funds from the Conservation Collier Trust fund is required to follow the goals of the program. The sale ofthe land would go under the following goals: * Welch family will place a permanent conservation easement over the property. * A stipulation can be placed for the property to remain free of exotics. * The property is too small to be used for a trail or by people and wildlife other than small birds, and it is separated from the main portion of the property by the Cocohatchee Creek. It is a maintenance obligation. * Funds from the sale would return to the Acquisition Trust Fund for purchase of other lands. The property can be sold under the Florida Statues as a private sale satisfying the following criteria: * The property is too small to be issued a building permit * It is only of use to the Welch family A tentative value of$25,800.00 has been given. Mr. Pires expressed concern about the Welch's ability to expand their home due to the potential created set back. Mr. Poteet moved to deny the sale of a piece of the Cocohatchee Creek Preserve property. Second by Mr. Pires. Carries unanimously 8-0. B. Campbell Property - Initial Criteria Screening Report Ms. Sulecki: (Review of the Initial Criteria Screening Report) There is no direct access to this parcel and utilities and transportation do not have interest in it. It could potentially be used for development of one single family home. (Review of photographs) It was the owner of the property that showed interest in the purchasing of this property. Mr. Espinar moved to deny the property. Second by Mr. Pires. Due to no need to vote at this time Mr. Espinar withdrew his motion. C. Peters Property - Initial Criteria Screening Report Ms. Sulecki: 5 l~jlllo: CIa (Review of the Initial Criteria Screening Report) The five acres the owners wish to sell is not visible from the road but the owners are willing to provide an access corridor from Rookery Lane . Native wildlife has been observed. The Utility department is interest in the property for a well site. The owners of this property contacted Ms. Sulecki directly about its purchase. They are willing to consider selling an easement with public access as an alternative to fee simple. Michael Pettit will research the possibility of this being a nonconforming lot. If sale of the 5 acres would make this lot nonconforming, fee simple sale cannot occur. D. Caribbean Gardens - Staff update Ms. Sulecki: Staff met on May 23rd to discuss what areas of this property are best suited. The Zoo sits on parcell. Parcels 3 and 10 are likely to be used for parking and public access. Parcels 2, 11, 12, 13, 14, and 15 were evaluated for potential purchase of Conservation Collier. Two County appraisals of the property along with the appraisal from the Fleischmann's are being reviewed. The completion of the contract is projected for July or September. An application is going to be made in order to keep this property in the current cycle. E. Referendum 2006 draft language Ms. Wolok noted that the language is still in the draft process. The County Manager is the one that needs draft the language. It is not known if that process has begun. Mr. Pettit suggested a meeting with Bill Lorenz, Ms. Sulecki, the County Manager and himself. Mr. Poteet distributed his suggested language. This new language was discussed including the use of "water resources" and "75 million", along with the possible use of a statement followed by a question. (10:26 Mr. Pires left the meeting) Nicole Ryan, Conservancy of South West Florida suggested to either not mention the $75 million or just say three quarters of a million until 2013. Nancy Payton, Florida Wildlife Federation suggested staying with the wording of "environmentally sensitive lands", and spending the $75 million first. Ms. Sulecki attended a web cast conference last week given by the Local Government Environmental Assistance Network, International City County Management Association, Trust for Public Lands, and the US Environmental Protection Agency. Some recommendation given were: * Start developing the language early on * Poll the public * Use qualifiers like - protection of water resources 6 16fll,2tosC 1 0 .' * Understand deadlines * Have a champion on the Board Brad Cornell, Collier County Audubon Society noted that the question is to find out if the voters are willing to fund more that $75 million. The words "beyond" or "above" were suggested. This will be taken back to subcommittee after the meeting with the County Manager. Mr. Pettit will generate a new draft. F. Annual Public Meeting - Staff report Ms. Sulecki: The annual public meeting for Conservation Collier occurred on June 7th before the BCC to give an update on the status of the committee. (Review of presentation given to the Board) At the Cocohatchee Creek Preserve the Sheriffs workers assisted in placing the ground up exotic mulch for the trail. G. Outstanding Advisory Committee Member Program None H. Coordinator General Report Ms. Sulecki: * There is no DEP permitting activity in Winchester Head or North Golden Gate Estates Unit 53 (Red Maple Swamp Preserve) at this time * The web-site is being restructured and has received 3,466 visitors. * The target protection mailing went out, with no return applications, but there has been substantial telephone contact from owners interested in selling lands in Section 31 & 32, Township 47 Range 47. Seventeen (17) applications have been mailed out. Four hundred and fifty (450) letters were sent out. Two hundred (200) more letters will be sent out. Applications have a due date of August 15th. * Ms. Sulecki attended a S.W.I.M. meeting June 1 st. A reconnaissance report is being prepared on the Naples Bay watershed. Five (5) of the Conservation Collier properties are within the Naples Bay watershed, and staff will be alert for any partner funding that becomes available. VI. Subcommittee meeting reports A. Budget - Ellin Goetz, Chair No report. B. Outreach - Bill Poteet, Chair 7 ______."..'".__,.,~...._____..'"~__.____'_~_"w,~~_"~._._'~_..,.,.",.,.~w~._.__,_..-___,__>._""'U , 6 , 1 .,~~ C 1 0 ~une D, 2~ There will be a meeting after adjournment of this meeting. C. Lands Evaluation and Management - Marco Espinar, Chair Meeting occurred on May 11th, report was already given but thanks go out to Ms. Wolok and Mr. Jenkins. D. Ordinance Policy and Procedures - Will Kriz, Chair Language has been drafted to address the TDRs in the Purchase Policy. (Draft language was distributed by Will Kriz) The subcommittee will continue examination. Volunteers are welcome; the next meeting will be June 22nd at 4: PM. E. 2006 Referendum - Mimi Wolok, Chair Ms. W olok and Ms. Sulecki have been working on language for a brochure to demonstrate Conservations Colliers accomplishments. VII. Committee Member Comments This will be Ms. Prosser's last meeting as chair and member due to relocation. She will be resigning her position as of June 23,2005. She articulated the honor to have been on the committee. VIII. Public General Comments None IX. Staff Comments Ms. Sulecki expressed congratulations and gratitude to Ms. Prosser. A new chair will be elected the next meeting. Community members interested in the committee can fill out an application. X. Adjournment There being no further business for the good of the County of Collier the meeting is adjourned at 10:57 AM. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Chairman Kathy Prosser 8 ______""_.'^""-' .qu""',~"_,, ___,,,_~____.~_.,,._... ......_.".,. ",~"""~"____,."-,,,,,,_,_,"'M~'~"" ENVIRONMENTAL ADVISORY COUNCIL !611WJ1t Fiala ~ Halas :;7 Henning Coyle ~/ Coletta _ '1 J f AGENDA September 7,2005 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. Roll Call III. Approval of Agenda V. New Business RECEIVED AUG 2 4 2005 IV. Approval of August 3, 2005 Meeting minutes A. County Attorney's Office presentation i30ard \if COUnty Commissioners B. Outstanding Advisory Committee Member Nominations VI. Land Use Petitions A. Planned Unit Development No. PUDZ-2004-AR-6422 "Mercato PUD" Section 34, Township 48 South, Range 25 East B. Conditional Use No. CU-2003-AR-4647 "Jan's Tram's CU" Sections 23, 24, 25, Township 52, Range 29 East VII. Old Business A. LDC amendments - Cycle 2 - 9.04.02 - Port of the Islands B. LDC amendments - Cycle 2 - Update on exotic removal for TDRs C. Assessment of the EAC: Functions and Alternative Options D. Special meeting date and time E. Update members on projects VIII. Council Member Comments IX. Public Comments X. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on AUQust 26. 2005 if you cannot attend this meetinq or if yOU have a conflict and will abstain from votina on a petition (403-2424). General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. :=.~~~:::>:'~~~-::::'~ ~~~~,~ ~l' ..,,;;..::......;;''''.... -.-.., .....,. ~ Mise. Corres: ~ ~ ......-:'"~ y- ..... -~ - D~t3: C; 10 -'7 / tJ5 { Itci;;!l/~.I / ~ 1/ Ccp;es To: . . ..___ .--.....-.. _,,,,...,.~.-~,,~_,,,, "'...... ......------...""'"...... ",,,,,.,..., i:''-..'- ~'....-...r.....::"""Iot:,.;I:' .........~;;.~,'~~,...i.~ ;'.,',': ...,..:-..:.:.......w;.~~\.w~ ;'.';";'. .,-~'~...:...~.,.L;4tl....::_~.~"""'. ! 6 ',1- leI - August 3,2005 I TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, August 3,2005 LET IT BE REMEMBERED, that the Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence S. Dolan Lee Horn Ken Humiston Judith Hushon Irv Kraut (Excused) Erica Lynne (Excused) Nick Penniman Michael V. Sorrell ALSO PRESENT: Susan Mason, Senior Environmental Specialist Marjorie Student-Stirling, Assistant County Attorney Steven Griffin, Assistant County Attorney Catherine Fabacher, Principle Planner Zoning and Land Development Review ! 6Autl'2~: G 1 i I. Meeting was called to order at 9:01 AM. II. Roll Call Roll call was taken with Irv Kraut and Erica Lynne being excused. III. Approval of Agenda IV. Approval of July 6,2005 Meeting Minutes Mr. Penniman noted in the minutes is was stated that he was concerned about congruency between plans before the Board, his actual concern was with the Fish and Wildlife Service with whom the County relies on heavily and has been changing their mind and science. Mr. Penniman moved to approve the May 4, 2005 minutes. Second by Mr. Humiston. Carried unanimously 7-0. V. Land Use Petitions A. (Continued from July EAC) Planned Unit Development No. PUDZ-A-2004-AR-6084 "Bristol Pines PUD" Section 35, Township 48 South, Range 26 East - All those testifying were sworn in by Ms. Student-Stirling. PETITIONER Dwight Nadeau, Planning Manager for RW A gave a Power Point Presentation including the following points: . Twenty two acres are being added. . This will be an affordable housing project for 292 dwelling units. · It will be deemed 10% low income; or between 60% to 80% of median income for Collier County. . There are 5.08 acres of native vegetation. · There is full compliance with the Land Development Code. Board members expressed concerns about pipes running under the connecting road along with an animal cross-under in the same location. Mike Myers, Passarella & Associates noted that the tortoises to be relocated were entombed. Staff was notified and fines were paid for six burrows. Mr. Nadeau mentioned that the bulldoze operator went beyond the taped boundary. 2 ! 2~L~oo~ C 1 i Ms. Mason informed the group that monitoring of species has not been able to occur but they are brining in a new staff person in October. Mr. Sorrell discovered in his research that no one is monitoring as to whether the relocation program is working. Dr. Hushon moved to have a culvert added to the plan for animal passage under the connecting road. Second by Mr. Penniman. Mr. Nadeau mentioned that a drainage pipe would not be permitted in conservation areas; it would have to be installed for habitat purposes only. Motion carried unanimously 7-0. A. Special Treatment Permit No. ST -6366 "Catarsi Single-Family Residence" Section 24, Township 51 South, Range 25 East - All those testifying were sworn in by Ms. Student-Stirling. - Mr. Humiston obtained voting. - Disclosures- None PETITIONER Cara Kade, Tarrell and Associates gave a presentation including the following points: . This is a single family residence. . The proposal is for a residence and chickee hut. . Three gopher tortoises will be relocated on the site. . Fencing will be in place while construction is under way. . Construction traffic will enter through an existing path. . It is believed that there are no mangroves on the pathway; if gopher tortoises are found they will be temporarily relocated (Reference to pictures) Steven Lenberger noted that the lot is nonconforming. Dr. Hushon moved to except petition Special Treatment Permit No. ST-6366, "Catarsi Single-Family Residence", Section 24, Township 51 South, Range 25 East with the addition of a resource evaluation on the path just as it has been done within the construction area. Second by Mr. Dolan. Motion carries 6-0 with Mr. Humiston abstaining. VI. Old Business A. Assessment of the EAC: Functions and Alternative Options 3 1611~ - August 3, 2005 ell Ms. Mason presented the progress including the following points: . From January 2003 to July 2005 two meetings were canceled by staff due to lack of land-use petitions and no other items on agenda. . From January 2003 to July 2005 two meetings were canceled due to lack of quorum. . There are 18 EISs under review so heavily scheduled meetings are set for the remainder of the year. Dr. Hushon addressed what had been printed in The Naples Daily News. She noted that the Board members spend a lot of time reviewing for the meetings, and are not paid for the service. The job of the Board is to second guess for the City Council. Removing this Board would be a removal of citizen rights. Mr. Penniman read from the County Code. SPEAKER Nicole Ryan, Conservancy of Southwest Florida expressed that the Conservancy feels that this Board is a very important part of the County review process. She would like to have the EAC expand out; and encouraged the Board to have a representative at the September 13th BCC meeting. Bill Lorenz informed the Board that an Executive Summary will go before the manager. There are other functions for the EAC. The County is to have a technical advisory group to oversee the continued development of the environmental program which is filled by the EAC. Alternative actions that are being looked at: · Having one or more alternate members of the Board so that a quorum can be established. . Establish a quorum under the members present. . Look at the number and types of projects for review and set different thresholds so less come before you. Board members expressed their thoughts on the need for the Environmental Advisory Board, and the need for improving the Environmental Advisory's website. Mr. Hughes addressed the need of the Board to the citizens. Mr. Hughes volunteered to attend the Board of County Commissioners meeting on September 13th. Mr. Hughes requested to schedule an additional meeting of the Board to review for the purpose of a report to the County Commissioners addressing alternative construction techniques pertinent to environmental impacts; with an invitation extended to all those interested. 4 16 IA.S"'20~5 C I i .... Ms. Mason said she would work on the arrangements. VIII. New Business A. Outstanding Advisory Committee Member Nominations None B. Proposed LDC amendments - Cycle 2 Catherine Fabacher, Principle Planner of the Zoning and Land Development Review, Reviewed the Land Development Code Amendments Summary Sheet: . Section 1.08.02- No changes . Section 2.01.00- No changes · Section 2.01.03- "passive" added in between the words "nondestructive" and "recreational" under G., f. Dr. Hushon moved to approve sections 1.08.02,2.01.00, and 2.01.03 with the addition of the word "passive" under 2.01.03, G., f., second to the last line in the paragraph. Second by Mr. Dolan. Carries unanimously 7-0. · Section 2.03.01- No changes . Section 2.03.07- No changes Mr. Hughes moved to approve sections 2.03.01 and 2.03.07. Second by Mr. Humiston. Carries unanimously 7-0. · Section 2.04.02- No changes . Section 2.04.03- No changes . Section 4.02.14- No changes Mr. Dolan moved to approve sections 2.04.02, 2.04.03, and 4.02.14. Second by Mr. Penniman. Carries unanimously 7-0. . Section 4.03.02- No changes · Sections 4.03.03, 10.02.01, 10.02.02, 10.02.03, 10.02.04- No changes . Section 4.05.03- No changes . Section 4.06.02- No changes · Section 4.06.05- No changes Mike Sawyer, Senior Planner with Zoning and Land Development reviewed sections 4.06.02 about the buffer requirements, and 4.06.05 about general landscaping requirements. 5 ~ 6 lJs~2oo5C 11 Mr. Penniman moved to approve sections 4.03.02, 4.03.03, 10.02.01, 10.02.02, 10.02.03,10.02.04,4.05.03,4.06.02 and 4.06.05. Second by Mr. Hughes. Mr. Humiston suggested slopes to be defined in the records. Mr. Penniman amended motion to include Mr. Humiston's suggestion. Motion carries unanimously 7-0. . Section 4.07.02- No changes . Section 5.05.08- No changes · Sections 5.06.04, 5.06.06, 5.06.07- No changes, Dr. Hushon made mention of box signs blowing out due to wind. . Section 6.06.03- No changes · Section 9.04.02- No changes · Section 10.02.06- No changes . Section 10.02.13- No changes · Section 10.03.05- No changes . Section 10.08.00- No changes Dr. Hushon moved to approve sections 4.07.02, 5.05.08, 5.06.04, 5.06.06, 5.06.07, 6.06.03,10.02.06,10.02.13,10.03.05, and 10.08.00 excluding 9.04.02. Second by Mr. Sorrell. Carries unanimously 7-0. C. Proposed LDC amendments - Cycle 2a David Weeks gave an explanation on TDRs and the management with an open discussion. IX. Council Member Comments Mr. Dolan asked about the Audubon Country Club Bald Eagle Management Plan update, with Ms. Mason noting that the language needed to remain for the permit of a take. X. Public Comments None ************ 6 ~ 6113;'; C 1 There being no further business for the good of the County, the meeting was 1 adjourned by order of the Chair at 11:11 PM. COLLIER COUNTY ENVIRONMNET AL ADVISORY COMMITTEE Chairman William Hughes 7 16:i , 1 I. C 1 i Item VLA. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF SEPTEMBER 7. 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUDZ-2004-AR-6422 Mercato PUD The Lutgert Companies Q. Grady Minor & Associates, P.A. WilsonMiller, Inc. Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: II. LOCATION: The subject property is located in the NE quadrant of U.S. Highway 41 and Vanderbilt Beach Road in Section 34, Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are developed with the following zoning classifications. ZONING DESCRIPTION N- PUD (Pelican Marsh) Developed S- C-4 R.O.W. Developed Vanderbilt Beach Rd E- PUD (Pelican Marsh) Developed w- R.O.W. u.s. 41 IV. PROJECT DESCRIPTION: The petitioner is requesting to rezone the subject 53::!: acre site from "A", Rural Agricultural, zoning district to MPUD for a mixed-use project, designed in a "main street" theme comprising 390,000 square feet of retail commercial uses, 100,000 square feet of office uses, and up to 160 residential dwelling units or 3 dwelling units per acre. EAC Meeting 1611 -- J ...,. Page 2 of 1 I C 11 ./ .~ V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict & Urban Mixed Use District, Urban Residential Subdistrict), with approximately 27:J:.. acres located within Activity Center #5, as identified on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits the full array of commercial uses allowed in C-l through C-5 zoning districts and up to 16 residential units per gross acre might be permitted. The Mixed Use Activity Center states, in part: "Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses. . . shall be determined during the rezoning process based on considerations of the factors set-forth in the Mixed Use Activity Center Subdistrict." Approximately 24 acres of the site are outside the Activity Center boundary and within the Urban Residential Subdistrict. This subdistrict permits residential development (variety of unit types) at a base density of 4 DUI A and a maximum of 16 DUI A, subject to the Density Rating System provisions; recreation and open space uses and a variety of community facility uses. The petitioner is proposing a maximum of 160 dwelling units or 3 dwelling units per acre for the entire project. The 24 acres that lie outside the Activity Center boundary are within the Urban Residential Subdistrict and is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so are subject to a 1 DUIA reduction from the base density of 4 DUI A and they are not eligible for any density bonuses. Therefore, this portion of the project is limited to a maximum density of 3 DUI A or 72 units. The Mixed Use Activity Center also states: "For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center." Therefore, the 27:J:.. acres within the Activity Center Boundary would be eligible for up to 16 units per acre or 432 units making the total project eligible for a maximum of 504 units or 9.5 dwelling units per acre, which could be distributed throughout the project. Therefore, the proposed 3 units per acre for the entire project are deemed consistent with the Density Rating System. EAC Meeting !~ 11 C 1 i Page 3 of 11 Approximately 80% of Activity Center #5 is zoned or developed for commercial uses. This Activity Center is eligible for up to 100%, or any combination, of commercial, residential and/or community facility uses. To qualify as a Master Planned Activity Center, the applicant shall have unified control of the majority of a quadrant in a designated Activity Center (greater than 51 %). Relevant to this petition, the majority of the northeast quadrant of Activity Center #5 is under the common ownership of the subject property owner, and the property owner has a common development plan for all property under their control; therefore, the project qualifies as a Master Planned Activity Center as it is a unified plan of development in the form of a PUD which allows flexibility in the boundaries including modification during final site design, mix and location of uses within a master planned activity center, and permits modification of the square configuration of activity center quadrants if the applicant has unified control of a majority of a quadrant. However, although the configuration of the activity center quadrant can be modified, the acreage and the approved amount of commercial development shall not be exceeded. The project comprises 532: acres and proposes 27.50 acres of mixed uses, 10.38 acres ofresidential uses, 1.47 acres of lakes and 6.50 acres of preserve, 2.65 acres of right-of-way and 4.50 acres of buffers/open space. According to the Collier County Geographic Information System (GIS), of the 532: acres, 272: acres are within the Activity Center boundary. The mixed-use component of this project proposes 390,000 square feet of retail commercial uses, 100,000 square feet of office space and 80 hotel units for distribution on 27.50 acres. Although the Master Planned Activity Center allows flexibility in the boundaries and permits modification of the square configuration of the activity center quadrant, the approved amount of commercial development shall not be exceeded. Therefore, under the Mixed Use Activity Center Subdistrict criteria, 27.50 (the total acreage within the Activity Center boundary) acres qualify for the proposed mixed-uses. The proposed residential density and commercial square footage is permitted under these criteria. CONCLUSION: Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE. Conservation & Coastal Mana2ement Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards" . To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed - EAC Meeting 1611...1 ell ... Page 4 of 11 in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Policy 6.1.1, 25 % of the existing native vegetation will be retained/replanted on-site and set aside as preserve areas with conservation easements prohibiting further development. Pursuant to Policy 6.1.1, "The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible". Given the impacted nature of the site and site constraints due to the location of vehicular access points, the applicant believes the site plan represents the largest contiguous native vegetation area possible, utilizing both retained and re-created native vegetation. Staff believes adjustments to the PUD master plan can result in the preservation of higher quality habitat in larger more contiguous areas, with less re-creation. See Major Issues/Preservation Section for further elaboration. ) Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. EAC Meeting ~6'1. cli If Page 5 of 11 In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (ElS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. A copy of the ElS will be forwarded to the Florida Fish and Wildlife Conservation Commission (FFWCC) for their review. VI. MAJOR ISSUES: Stormwater Mana2:ement: The project has received Surface Water Management permit # 1l-01740-P from the SFWMD. The developed site will discharge into the Pelican Marsh stormwater management system at a permitted discharge rate of 0.22 cfs. This site also receives pretreated runoff from approximately 6.1 acres of adjacent land to the south containing a Fifth-Third Bank and a Walgreens Pharmacy. All other features of the stormwater management system are designed in accordance with the provisions ofSFWMD Volume IV. Environmental: Site Description: The project site is an infill project located in the NE comer of U.S. Highway 41 and Vanderbilt Beach Road. Native habitats are impacted with exotics to varying degrees and occur primarily on the southern portion of the property and along U.S. 41. These habitats include pine flatwoods, hydric pine flatwoods, cypress, cypress-pine-cabbage palm and wetland forested mixed. The northern portion of the site contains a fallow agricultural field, which has become overgrown with exotics (Brazilian pepper) in places. Wetlands: Approximately 24.2 acres of wetlands occur on the project site, of which 19.5 acres will be impacted. SFWMD Individual Environmental Resource Permit (ERP) #1l-01740-P and the USACE Section 404 Individual Permit #199607579 have been previously issued for the project, approving impacts to all wetlands on- site. The purchase of 10.37 credits from Panther Island Mitigation Bank was used as mitigation for impacts to on-site wetlands. !6,1 I C 11 EAC Meeting Page 6 of 11 The project control elevation of 9.0 feet NGVD was determined through a combination of topography, biological indicators, and adjacent permitted control elevations. The adjacent Pelican Marsh Lake #6 to the north and the adjacent Fifth Third Bank building to the south are controlled at 9.0 feet NGVD. Existing grades on-site vary from 9.0 to 9.5 feet NGVD in the area proposed for preservation. Seasonal High Water was estimated to be approximately 10.0 feet NGVD. This is similar in elevation to the 10.1 feet water quality elevation used in the conceptual water management design. Preservation Reauirements: The subject property is an infill project surrounded by development and two major roadways. Native habitats on-site are impacted and interspersed with exotic vegetation, and include cypress, cypress-pine-cabbage palm, mixed wetland hardwoods and pine flatwoods. Also on-site are disturbed areas and approximately 19.9 acres of fallow agricultural field. A total of 25.2 acres of native habitat exist on the property, of which a minimum of25% (6.3 acres) will be required to be preserved. CCME Policy 6.1.1 provides criteria for the selection of native vegetation to be set aside as preserve areas. The policy specifies that the largest contiguous area possible should be preserved and that preservation areas shall be interconnected within the site and to adjoining off- site preservation areas or wildlife corridors. The Policy specifies the following criteria in descending order of priority: a. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the movement of wildlife through the site, consistent with the requirements of Policy 7.1.1 of this element. b. Onsite wetlands preserved pursuant to Policy 6.2.4 of this Element; c. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descending order of priority: 1. Any upland habitat that serves as a buffer to a wetland area, 2. Listed plant and animal species habitats, 3. Xeric Scrub, 4. Dune and Strand, Hardwood Hammocks, 5. Dry Prairie, Pine Flatwoods, and 6. All other upland habitats. In applying the above criteria to the site without any land use or transportation constraints, staff would recommend that the required 6.3 acres of preserved vegetation be one large contiguous area located in the southeastern portion of the project site. This area would be comprised of the highest quality wetland area 1611 - C 11 EAC Meeting Page 7 of 11 and an area that contains the only native habitat with an active gopher tortoise burrow. However, the location of the transportation access points on Rt. 41 and Vanderbilt Beach Road and the need for a connecting road through the proposed development would bisect this one single contiguous area. Staff recognizes that one preserve area in this location would therefore severely limit the site development given these required access points. Thus, an acceptable option would be retaining vegetation in two separate preserves, one on the western side of the site and one on the eastern side of the site. In applying Policy 6.1.1 to retain the priority vegetation and recreate the least amount of preserve area, staff proposes incorporating the northeast most MU tract into the eastern preserve, eliminating creation/retention of native vegetation, other than for FLUCFCS Code 621, in the western preserve, and making up the balance of the preserved native vegetation for the PUD by preserving additional cypress (FLUCFCS Code 621) adjacent to the western preserve. The applicant, however, has asserted that staff's recommended preserve area would conflict with the proposed site plan. The CCME Policy 6.1.1(7) does allow for exceptions to these criteria when parcels "cannot reasonablv accommodate both the oreservation area and the oroposed activity." The complete wording of this policy is as follows: (7) Exceptions, by means of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria for allowing these exceptions include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements can not be relocated as to protect the existing native vegetation; (c) Where native preservation requirements are not accommodated, the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. As indicated above, staff recognizes that the access points to the property may require a small portion of the desired vegetation in close proximity to the southeastern access point be preserved elsewhere or be recreated. However, the applicant contends that the proposed development plan can not be adjusted any further to accommodate staff's recommendation. The applicant did agree to make changes to the initial site plan during the beginning of the review process by increasing the designated acreage in the southeastern preserve area but given the overall thematic design of the development and the desire to create the linear village atmosphere, the applicant contends that the proposed plan conforms to exception criteria established in CCME Policy 6.1.1 (7). The applicant is proposing to re-create approximately 1.6 acres of native habitat in the southern portion on site just north along Vanderbilt Beach Road. EAC Meeting 1611 .. . C 11 Page 8 of 11 In applying the criteria of CCME Policy 6.1.1, a conflict arises in retaining the largest contiguous area of native vegetation to be set aside as preserve and in allowing for re-creating vegetation in order to "reasonably accommodate" the preserve area and the proposed activity. As noted above, the applicant maintains that proposed plan is consistent with Policy 6.1.1(7). Staff contends that the development plan could be designed to allow for a greater amount of retained vegetation with less recreation, and that this design would not affect the land uses proposed or reduce their intensities. Listed Species: Three active and four inactive gopher tortoise burrows were observed on the project site, mainly along the outer berms of the fallow farm field ditches at the north end of the site, and one within the pine flatwoods habitat located within the boundary of the proposed gopher tortoise preserve. Using a 0.3 to 0.4 occupancy factor multiplied by the number of active plus inactive burrows (7) approximately 2-3 gopher tortoises are estimated to occur on-site. Results from bucket trapping for 35 consecutive days resulted in a single gopher tortoise being trapped. The tortoise tested negative for URTD. Any gopher tortoises found during excavation of the burrows will be relocated to the proposed gopher tortoise preserve on-site. The gopher tortoise preserve will be placed under a conservation easement and managed for tortoises. The disturbed portion of the proposed eastern preserve will be planted with native vegetation suitable for gopher tortoises. If sufficient suitable habitat is determined not to occur on-site then off-site relocation will be required. Four species of listed plants were observed on the project site during field surveys. These include three species of wild pine (Tillandsia fasciculata, T. balbisiana and T. pruinosa) and butterfly orchid (Encvclia tampensis). No plant species listed by the USFWS were observed on the project site during the field survey. All three species of Tillandsia and the butterfly orchid are common in southwest Florida and are sparsely scattered within the forested portion of the site. VII. RECOMMENDATIONS: Environmental Environmental staff recommends denial of Planned Unit Development No. PUDZ-2004-AR-6422 "Mercato PUD". This is based on the GMP criteria for preserving the largest contiguous area possible and that adjustments to the PUD master plan can result in the preservation of higher quality habitat in larger more contiguous areas, with less re-creation EAC Meeting ~611 cli i " Page 9 ofll If the EAC recommends the applicant's proposed site plan, then the EAC should make a finding that the proposed site plan conforms to GMP Policy 6.1.1 (7). If this is the EAC's recommendation, then staff would also recommend that the EAC adopt the following stipulations to be applied to the proposed site plan: 1. Add the following sentence to section 2.14 of the PUD document: Based on the existing 25.2 acres of native vegetation on-site, a minimum of 6.3 acres of native vegetation shall be retained or planted on-site. 2. Delete section 5.4 (B) from the PUD document. 3. Delete the word "upland" from the last sentence in section 6.6 (B) of the PUD document. 4. Amend the lake cross-sections in Exhibit "E" of the PUD document, to include the lake maintenance easement required by the County. Lake maintenance and other easements must be separate from Preserve areas. 5. Amend the PUD master plan to include the following: 1.) Incorporate the northeast most MU tract into the eastern preserve; 2.) eliminate the creation/retention of native vegetation, other than for FLUCFCS Code 621, in the western preserve; and 3.) make up the balance of the preserve requirement for the PUD by preserving additional cypress (FLUCFCS Code 621) adjacent to the already existing cypress in the western preserve. 6. Require that all recreated preserves be strictly monitored in accordance with an approved Preserve Management Plan. Annual monitoring reports shall be provided for the created preserves to assure their success. Stormwater Mana2ement: No additional stipulations. EAC Meeting ~611 Page 10 of 11 PREPARED BY: C 11 , STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT RAYMONDV. BELLOWS DATE MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: DATE BARBARAS.BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT ! 6 , l.~ 11 ~ EAC Meeting Page 11 of 11 WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE SUSAN MURRAY, AICP, DIRECTOR, DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW STEVE GRIFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION I~ 1611;~ - \ ~ C 11m JI.B' .., ENVIRONMENTAL ADVISORY COUNCIL ST AFF REPORT MEETING OF September 7. 2005 I. NAME OF PETITIONER/PROJECT: Engineering Consultant: Environmental Consultant: CU-2003-AR-4647 ST -2003-AR-5993 Jan's Trams Conditional Use & Special Treatment Permit Mitch House of Sandbillies Inc. D.B.A. Jan's Trams Coastal Engineering Consultants, Inc. EarthBalance Petition No.: Petition Name: ApplicantlDeveloper: II. LOCATION: The subject property is located approximately % of a mile west of S.R. 29, on the north side of U.S. 41. The leased property comprises 1,077::!: acres, although the applicant proposes to utilize only a small portion of the site. The subject property is located in Sections 24 and 25, Township 52 South, Range 29 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed project area is surrounded by undeveloped, environmentally- sensitive land. A short distance to the east, as the intersection of S.R. 29 and U.S. Highway 41 there are a gas station with convenience store, a visitor's center and a Collier County Sheriff substation. North of the property is Copeland and the Fakahatchee Strand State Preserve. The entire area is contained within the Area of Critical State Concern. ZONING DESCRIPTION North: East: South: West: A-ACSC/ST A-ACSC/ST A-ACSC/ST A-ACSC/ST Undeveloped land Undeveloped land Undeveloped land Undeveloped land, landfill transfer station IV. PROJECT DESCRIPTION: 16 Ii" .., \ \ ., Cl1~ EAC Meeting Page 2 of 12 The proposed Conditional Use petItIOn seeks to allow an eco-tourist facility to be operated on the subject site. The applicant intends to construct an educational facility and operate boat and bus tours on existing canals and trails. The applicant has requested that two vehicles and two boats be allowed to operate on site. The land vehicles would be one standard size former school bus and one short former school bus, with a combined passenger capacity of 60 people. The two boats proposed are pontoon boats with four-stroke outboard engines, each having a listed capacity of 30 people. The conceptual site plan indicates the applicant will build a small building with a dock and will provide seven parking spaces. Proposed water rides will be conducted in the canals that were dredged to obtain fill for the intersection of S.R. 29 and U.S. 41. The proposed land-based rides will be conducted on an existing logging trail. The subject property is approximately 1,077 acres, however, the applicant intends to limit operations to approximately 14.22 acres. Access to the property will be from an existing entrance on U.S. 41. The conditions of approval, as required by Section 4.02.02.B.3.c of the Collier County Land Development Code, shall be as follows: 1. Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida DEP, and the SFWMD shall be presented to the County Manager or designee prior to site development plan approval. 2. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. 3. The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. 4. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. 5. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the Board of Zoning Appeals during the conditional use process. 6. Motor vehicles shall be permitted to operate during daylight hours which means, one (1) hour after sunrise to one (1) hour before sunset. 7. Molestation of wildlife, including feeding, shall be prohibited. Page 3 of 12 ~ 6 ,.-\ C 1 i~ \ EAC Meeting 8. Vehicles shall comply with state and United States Coast Guard regulations, if applicable. Zoning staff will recommend approval of the applicant's requested limitations on vehicle use for point 5. Staff will also stipulate that a permanent conservation easement be provided V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: A portion of the subject property is designated Conservation and a portion is designated Agricultural/Rural (Agricultural/Mixed Use District), and the entire site is within the Area of Critical State Concern (ACSC) overlay, all as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Agriculture/Rural Designation permits non-residential uses such as parks, open spaces and recreational uses and habitat preservation uses, and the Conservation Designation permits non-residential uses such as passive parks, recreation uses and habitat preservation and conservation uses. According to the FLUE, "all proposals for development within the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values" of the area. This provision would apply to Conditional Use petitions. In addition, the ACSC overlay regulations are as follows: A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: 1. Site Alteration a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. EAC Meeting 16 II- C 11 .... . ~ '>\ Page 4 of 12 b. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper - (Shinus terebinthfolius) Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17-301, Florida Administrative Code, as amended. e. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. f. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section EAC Meeting ~Il C 11 Page 5 of 12 380.04, Florida Statutes, as amended as development or applies for a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 2. Drainage a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or performance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. c. Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure Installation a. Placement of structures shall be accomplished III a manner that will not adversely affect surface water flow or tidal action. EAC Meeting ~'lM - c 11 Page 6 of 12 b. Minimum lowest floor elevation permitted for structures shall be at or above the 100- year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-l, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". Note: These same or very similar ACSC regulations exist in Florida Statutes, and exist in the LDC as a zoning overlay. It is incumbent upon the petitioner to provide the necessary data to determine compliance with these regulations. Comprehensive Planning staff defers to other County staff to determine compliance. FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to the surrounding land uses. The Comprehensive Planning Department leaves this determination to the Zoning and Land Development Review Dept. staff as part of their review of the petition in its totality. Based upon the above analysis, and subject to a determination that this project is in compliance with all applicable ACSC regulations, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. (Staff review was of original petition, which included 1,021.68 acres.) Conservation & Coastal Manae:ement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards" . To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". EAC Meeting 16 ,11 C 1 i 1 . A Page 7 of 12 This project is consistent with the objectives of policy 2.2.2 in that it will use dry detention to help recycle other nutrients and sediment from the project site. The project as proposed is not consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reason: Commercial Developments greater than 5 acres are required to retain fifteen percent (15 %) of the existing native vegetation on-site set aside as preserve areas with permanent conservation easements prohibiting further development. Selection of preservation areas must be consistent with the criteria listed in Policy 6.1.1. No preservation areas have been designated for this site. Furthermore, the applicant is unwilling to protect the required preserve areas with a permanent conservation easement. Habitat management and exotic vegetation removal/maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. The applicant has agreed to supply these at the time of Site Development Plan submittal. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. The County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan). As required by Policy 6.2.3, areas included in the Big Cypress Preserve Area of Critical State Concern Overlay, site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. Of the 142.21 acres total Conditional Use area, previous impacts to the site include the tram road, canals and filled areas near S.RA1. This area totals 14.22 acres. No greater area of impact is proposed. No additional fill is proposed. The applicant proposes impervious surfaces on 0.19 acres or 1.3% of the area of impact. Impacts are 10% of the project site and therefore, this Conditional Use is consistent with the ACSC requirements. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. EAC Meeting 16 It-C 11 Page 8 of 12 VI. MAJOR ISSUES: Stormwater Manaeement: This project is so small that the water quality concerns are easily handled on-site and it is located in such a remote area that water quantity concerns as related to neighboring properties are not an issue. Site Description: Less than I % of the leased area is uplands, all of which is previously disturbed. The uplands have been cleared and filled to create a road for access to the transfer station located in the outparcel. The remainder of the lease area is primarily natural freshwater and saw grass marshes. Approximately 40 acres consists of mangrove swamp and manmade canals. Portions of this area have previously been farmed for row crops and subsequently silviculture. A FLUCFCS map detailing land use is contained as Exhibit 3 in the EIS. The Natural Resources Conservation Service (NRCS) soil map for the area identifies 8 soil types within the boundaries of the leased area. All of the soil types on site are hydric soils except for the Urban land-Boca complex shown in the canal and fill area. A soil map is included as Exhibit 4 of the EIS. Wetlands: According to the EIS, a total of 1070 acres of SFWMD jurisdictional wetlands are on the leased site. Approximately 140 of the 142.21 acre Conditional Use area are wetlands. The applicant proposes minimal impacts to the wetlands. No fill is to be added to the tram route and only removal of exotic vegetation and pruning for safe passage of the pontoon boats is proposed in the mangrove area. A maintenance plan for the mangrove area will be required as part of the SDP and all State approvals/permits will be required prior to SDP approval. Mangrove trimming permits shall be obtained prior to work on site. As part of the SDP review, staff will consult with SFWMD and U.S. Army Corps of Engineers to determine if any permits will be required for driving the buses on the tram road. Any required agency permits shall be submitted to County staff for review and approval prior to SDP approval. - 1~ 11,~ 11 EAC Meeting Page 9 of 12 Preservation ReQuirements: Policy 6.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan requires fifteen percent (15 %) of the existing native vegetation on-site to be retained and set aside as preserve areas with permanent conservation easements prohibiting further development. Approximately 127.99 acres of the Conditional Use area qualify as native vegetation. Therefore a minimum of 19.2 acres of retained native vegetation should be set aside as preserve area and protected by a permanent conservation easement as required by this policy. The applicant did not identify this area and has not agreed to protect required preserves by a permanent conservation easement. Listed Species: This project area lies within Primary and Secondary Florida Panther zones. The United States Fish and Wildlife Service (FWS) has provided recommendations in a letter of technical assistance dated November 1, 2004. In order to minimize adverse effects and impacts to the panthers and their habitat, offsite preservation and enhancement of panther habitat may be required. Any required mitigation will be addressed prior to SDP approval. The FWS has determined that this project site lies within an l8.6-mile core foraging area around a known wood stork colony. The FWS recommends that no human activity should occur within 300 to 750 feet of foraging and roosting habitats. This site is outside the boundary of all colonies and both the primary and secondary zones. FWS recommends wetland impacts be minimized. Staff has determined that wetland impacts have been minimized as proposed by the applicant. A complete list of protected species observed on site is included in Appendix A, Table 4 VII. RECOMMENDATIONS: Enl!ineerinl!: All applicable permits must be obtained from State and Federal agencies prior to SDP approval. "_........_-"'~....--"--_...'""'.,,.,->"--'".,,.~'~.."'.-._._-_._~'-,.-'~_._,..,-_.,.,_..'..,> 16 ~1 tel i ~ EAC Meeting Page 10 of 12 Environmental: Environmental staff recommends denial of Conditional Use No. CU-2003-AR- 4647 "Jan's Trams CU" and Special Treatment Permit No. ST-2003-AR-5993. This recommendation is based on the following GMP criteria: The requirement of designating native vegetation retention areas and protecting those preserve areas with a permanent conservation easement to prohibit further development has not been fulfilled. The applicant has not designated required preserve areas and has not agreed to protect the areas with a permanent conservation easement. If the applicant agrees at this hearing to designate appropriate preserve areas and to protect the preserve areas with permanent conservation easements, staff would recommend approval of this Conditional Use and Special Treatment permit with the following stipulations: 1. This Conditional Use and ST Permit shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final SDP approval. 2. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services staff for review and approval prior to SDP approval. 3. Upon submittal of the SDP petition, copies will be sent to the USFWS and FFWCC for their review and comment. They will be allowed 30 days to submit their letters of technical assistance to staff. Staffwill use applicable stipulations from these agencies, in their review and approval of the Site Development Plan for this project. 4. Wetland permitting as required by State and Federal agencies shall be required prior to SDP approval. 5. Any pruning of mangroves on site shall comply with the Florida Department of Environmental Protection's requirements. 6. The ST permit is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs. EAC Meeting 16 III ~ C 1 ; Page 11 of 12 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUSAN MASON DATE SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT HEIDI K. WILLIAMS DATE PRINCIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting 16 11 ~Cli Page 12 of 12 REVIEWED BY: BARBARAS.BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST DATE WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE SUSAN MURRAY, AICP DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW STEVEN GRIFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR I~;, ~p/J. ... . ~ rroperry lVlanagement Collier Park of Commerce 161 t ~ -~t i '~Ff~05.D~ d.~ '. --.(U ~~ Minutes of an On!:anizational Meetim! of the Board of Direct6Jl9rd of CnrJnly C:(JrmTIISSionPIS Collier Park of Commerce Held on Mav 19. 2005 An Organizational meeting of the Board of Directors of Collier Park of Commerbe was held on Tuesday, May 19, 2005 at the Board room Lund Capitol Group. Fiala \l ' Halas Henning Coyle Coletta DIRECTORS PRESENT: Thomas C. Lund T. Chadwick Lund Jack Story ALSO PRESENT: Glenn Carroll, R & P Property Management CALL TO ORDER Noting that a quorum was established, the meeting was called to order at 11 :00 a.m. by Glenn Carroll. PROOF OF NOTICE Notice ofthe meeting was posted in accordance with Florida State Statutes. REVIEW OF PREVIOUS MINUTES Waived. TREASURER'S REPORT Waived. 2005 BOARD OF DIRECTORS NEXT MEETING DATE Motion made by T. Chadwick Lund to elect the following: Thomas C. Lund, President T. Chadwick Lund, Vice President Misc. Corres: Date: rid 1 IDS 265 Airport Road South. Naples, FL 341 04-3518. (239) 643-3353. FAX (~~43-5~49 / (PI. / ]) I Web Site: www.R-P-PropertyManagement.com.Email: rpprop@aU.net Copies to: Jack Story, Treasurer 16: 11-0 1 ..... ..~ Motion seconded by Jack Story. ADJOURNMENT With no further business to conduct, a motion was made by Jack Story and seconded by T. Chadwick Lund to adjourn the meeting at 11 :20 a.m. Respectfully submitted, Glenn Carroll, Association Manager Secretary rropeny lvlanagement 16 , ~ Jl ~ ~, EJEIVcD Minutes of an Annual Meetin2 of the Board of Directors Collier Park of Commerce Held on Mav 19. 2005 Collier Park of Commerce iHU'" ,) .I,. 2005 riil C' (, ~ ..' ~'Oi1rd of Countv r;orntnissioners An Annual meeting of the Board of Directors of Collier Park of Commerce was held on Thursday, May 19, 2005 in the Board room of Lund Capitol Group. CALL TO ORDER Noting that a quorum was established, the meeting was called to order Chairperson T. Chad Lund at 10:00 a.m. PROOF OF NOTICE Notice of the meeting was posted in accordance with Florida State Statutes. REVIEW OF PREVIOUS MINUTES The minutes were reviewed and were accepted as read from the Annual Meeting of 2004. TREASURER'S REPORT A review of the year end (2004) financial picture was presented to the unit owners. Many capital projects were accomplished through the year of 2004. The 2005 budget was outlined and it appears to be on target. The Treasurer's report was given by Glenn Carroll, Jack Story seconded the motion and it was accepted as given. NEW BUSINESS Tree Trimmin2 The community requested that the trees be trimmed earlier in the season of 2005/2006. 2006 Bud2et The community requested that the proposed budget for 2006 be presented earlier and that the budget be adopted prior to the end of the year 2005, for 2006. 265 Airport Road South. Naples, FL 341 04-3518. (239) 643-3353. FAX (239) 643-5949 Web Site: www.R-P-PropertyManagement.com.Email: rpprop@att.net Shmaf!e 16r11 · 0 I ...,~ It was brought forward that people were concerned about "for sale" signs around the community. It was requested that stronger actions be taken on illegal signs. 2005 Board of Directors Thomas C. Lund T. Chadwick Lund Jack Story ADJOURNMENT With no further business to conduct, a motion was made by T. Chadwick Lund and seconded by Jack Story to adjourn the meeting at 10:55 a.m. Respectfully submitted, Glenn Carroll, Association Manager Secretary 16 IIi. . ~ i RECEI~ AUG 0 8 2005 . 4H Foundation Meeting At The Estuary at Grey Oaks Boardroom On the west side of Airport Rd. just north of Golden Gate Parkway Tuesday, August 16,2005,3:30-4:30 pm Agenda: Welcome & Introductions Minutes Treasurer's Report Extension Educator's Report Crowley Briscoe Fairbanks Denning Old Business: Records Request Scholarship Renewal Friends of Extension Representation Financial Report for the County Fiala Halas Henning Coyle Coletta Crowley Keller/Denning Crowley Denning New Business: Farm City BBQ Farm City Vegetable Sale Need for Records Storage System for bill paying Meeting dates for the year Fundraismg Board of County CommissIoners Dorr Dorr/Briscoe Fairbanks/Crowley Fairbanks/Briscoe Briscoe Crowley '::'::::::~:..:::=::-" ~=--:::..::;~....,.,.:::::~_:: .~~~ ,':,"..,'" , .. . i;( t .I I . t ., ~ Misc. CQrres: f)~ ~3:. q !a-j/0:5 I;... .".'~ / '-...11); <2 0 l"'J~.J" (g c._}J:~~ To: ~..to::,".1:;.'.;,.'i"...~..;,;..'~ ...1-...;'. '.."'l-,.t::..;.-.;. . ...".,...-.....,_.,.:"..._._,,,....~--...,...... ,.dl, . .....~,.-~... ~....~';1:i.-~:..~"ti$,:.... 1611 Dl. 4-H FOUNDATION MINUTES Quarterly Meeting May 3, 2005 The Estuary at Grey Oaks Clubhouse Present: Sheilah Crowley, Linda Denning, Suzy Dorr, Kathy Fairbanks, Judy Keller, Karen Morgan, Cora Obley, Harold Hall, Kay Hayfield, Ron Sanson, Donald York. Excused absences: Gary Briscoe, Randy Riner, Commissioner Jim Coletta Absent: John Cammerata Following the previously distributed Agenda, the meeting was called to order at 3:30 pm by Sheilah Crowley, president, who welcomed attendees after which each introduced him or herself with a brief background sketch. Minutes of the February 1,2005 meeting, which had been previously mailed to participants were unanimously approved following a motion by John Pistor, seconded by Judy Keller. The treasurer's report, which had been audited by Emeritus Member Harold Hall indicating total assets of $59,102.06 as of April 30, 2005, was distributed by Treasurer Kathy Fairbanks who was proffered kudos by Hall. At this point, President Crowley distributed copies of docwnents and correspondence pertaining to a "public records information" request addressed to the 4-H Foundation and explained her understanding of the situation, as she views it, after discussion with involved Collier County and University of Florida functionaries. Crowley indicated that she was able to arrange for legal representation by Robert Pritt and that she would personally bear the cost of his services in this matter. Pritt is to respond to Anthony P. Pires, Jr. who is representing the Collier County Clerk of Courts according to the Collier County Attorney's office. Harold Hall explained that our records and finances are "clean" and that he expects no unforeseen difficulties. A copy of By-Laws revisions had been distributed prior to the meeting and was briefly discussed. Proposed amendments concerning honorary members were approved after a motion by John Pistor and seconded by Cora Obley. The non-voting limitation imposed on ex-officio members including the Collier County Extension Director, IF AS Extension, and 4-H Coordinator of Collier County, IF AS Extension was discussed and this proviso was moved by Cora Obley, seconded by Judy Keller and approved by all present. The previously distributed Nominating Committee Report was formally presented by Chair Suzy Dorr. After a vote proposed by John Pistor and moved and seconded by Cora Obleyand Judy Keller, it was unanimously approved as presented with the explicit exception of the proposed Andrew Glazier, a 4-H "alumnus", when it was explained that he is now residing in Lee County. Karen Morgan who was approved asked that the report be amended to reflect that she is actually a "former" 4-H parent. New board 16 11 01 members Morgan, Hayfield, Sanson and York were applauded after the vote. The current slate of officers was approved as it now stands following a motion by Cora Obley and seconded by Judy Keller. Although previously distributed by mail, Linda Denning, ex-officio board member as 4-H Coordinator of Collier County, IF AS Extension, went over the entire 4-H Quarterly Report - May, 2005 and verbally added mention of a Forestry Ecology Program. She praised the invaluable contributions and enthusiasm of Trish Aldridge, part-time 4-H Outreach Coordinator whose position is made possible by the United Way. Board members were strongly encouraged to attend the annual4-H Awards program to be held on June 2 at 6:30 pm at the Center Point Community Church on Golden Gate Parkway. Retiring long-time board member Sam Colding, now designated an Emeritus Member, will be presented with an appropriate plaque at the Awards event. Denning was also profuse in acknowledging the volunteer efforts of Randy Riner and Crowley in their unstinting assistance with the "Know Your County Government" program. Under Old Business - 1. Denning thanked all volunteers who had assisted with the recent Agricultural Tour which involved four busloads this time around. Under New Business- 1. Denning presented two new scholarship applications (Sara Glazier and Dawn Seabrook) and one request for renewal (Christy McGowan). These were circulated and with the general consensus of the board, a volunteer Scholarship Committee was formed with Judy Keller serving as chairperson assisted by Cora Obley and Karen Morgan. Denning indicated that that more renewal requests may come in before the August meeting. The committee will meet as soon as possible (Obley will return from Georgia early in the coming week) and circulate their decisions to the board via e-mail or regular postal service. 2. Crowley inquired as to the current status of the $10,000 scholarship in Denning's honor which had been raised in Collier County four years ago and sent to the State 4-H Foundation for scholarships. Denning agreed to research the disposition of those funds. 3. DOff announced the Macy's Fall Charity Event will be held on October 29,2005 (Saturday) and tickets will be distributed to board members and individual4-H Clubs for sale prior to the event. 4. Denning announced that the United Way is asking for our support of their "Casino Night" event at Naples Bath & Tennis Club for scheduled for October 15. They ask for volunteer assistance during that evening and for general campaign assistance as well. Those interested in helping out may call Robin Jones at 261-7112. 16'1 Ol 5. Crowley spoke briefly on the Friends of Extension and their activities. The projected 2005 Budget was presented as approved by the 4-H Coordinating Committee. The meeting was adjourned by Sheilah Crowley at 5:15 pm. Minutes submitted by Suzy DOff and Cora Obley/ approved by Gary Briscoe Next meeting: August 16, 2005 - 3:30 pm at the Estuary at Grey 16K3 . (CR) SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN COLLIER COUNTY AND FLORIDA STATE UNDERGROUND. INC. THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County (hereinafter referred to as "the County"), a political subdivision of the State of Florida and Florida State Underground, Inc. a Florida corporation, (hereinafter referred to as "FSU"). WIT N E SSE T H: WHEREAS, FSU filed a complaint with the Twentieth Judicial Circuit, Case No. 03- 4177 -CA, (hereinafter the "Case"); and WHEREAS, the County and FSU, after attending voluntary mediation, without any 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 Case; and, WHEREAS, the County and FSU desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Settlement Agreement and Release, and with the intent to be legally bound, the County and FSU agree as follows: 1. The County shall release the retainage amount of $113,877.14 to FSU. 2. FSU will bear all responsibility for the payment of any claims of non-payment by any sub-contractor hired by FSU on the Golden Gate Well Field Reliability Project. 3. FSU will dismiss its complaint. Page 2 Settlement Agreement & Release 16K3 "'if '. (tR) 4. The County will dismiss its counterclaim. 5. In consideration of the resolution of this dispute, and for other good and valuable consideration as enumerated in this Agreement, the receipt and adequacy of which are hereby acknowledged, the County and FSU, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, insurers, sub-contractors, and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way to the Case, whether directly or indirectly, with the express exception of an action to enforce this Agreement and/or the terms contained herein. 6. The County and FSU acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, sub-contractors, representatives, Insurers, successors, assigns, spouses, heirs and affiliates. 7. The County and FSU recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims. 8. The County and FSU acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 2 eCR; Page 3 Settlement Agreement & Release 16K3 9. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 10. In the event of an alleged breach of this Agreement and Release, the County and FSU agree that all underlying causes of action or claims of the County and FSU have been mutually extinguished, among and between each of them, by this Agreement and Release and that the sole remedy for breach of this Agreement and Mutual Release shall be for specific --- performance of its terms and conditions; or for any damages arising from the breach. In this regard, the County and FSU further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit Court of Florida, or, if that Court refuses to accept jurisdiction thereover, a Court of competent jurisdiction. 11. The laws of the State of Florida shall govern this Agreement and Release. 12. If any action or proceeding is commenced with regard to the subject matter of this Settlement Agreement and Mutual Release, then the prevailing party in such action or proceeding shall be entitled to have its reasonable attorney's fees and costs incurred in said action or proceeding promptly reimbursed by the non-prevailing party. 13. The parties further agree that time is of the essence in all respects regarding this Settlement Agreement and Mutual Release. [REMAINDER OF PAGE LEFr BLANK INTENTIONALLY] 3 Page 4 Settlement Agreement & Release FLORIDA STATE UNDERGROUND, INC.: Witnesses: (Signature) (Print) (Signature) (Print) Date: Approved as to form and legal sufficiency: Mike Piscitelli, Esquire (C~) 16K3" By: 4 Page 5 Settlement Agreement & Release COLLIER COUNTY: A TIEST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida By: Deputy Clerk Date: Approved as to form and legal sufficiency: queline Williams Hubbard Assistant County Attorney 16K3 eLR) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Date: 5 FRED W. COYLE, Chairman 16K12 ' MEMORANDUM Date: October 28, 2005 To: William E. Mountford Assistant County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Release between Collier County and Better Roads, Inc. Enclosed please find two (2) original documents, as referenced above (Agenda Item #16K12), approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you have any questions, please call me at 774-8406. Thank you. Enclosures (2) ORIGINAL DOCUMENTS CHECKLIST & ROUTINGlr6 K 12 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Print on pink paper. Attach to original documcnt. Original documcnts should bc hand delivered to the Board Office. TIle completcd routing slip and original documents are to be forwardcd to the Board Offiec only after thc Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, datcs, and/or information needed. If the document is already complete with the exception of the Chairman's silffiature, draw a line throu!!h routin!! lines # I throu!!h #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. , 2. '- 3. 4. - 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 7. William E. Mountford, ACA County Attorney's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff William E. Mountford Phone Number 774-8400 Contact Agenda Date Item was September 27, 2005 Agenda Item Number 16-K-12 Approved bv the BCC Type of Document Settlement Agreemen~& Mutual Release Number of Original 3 originals Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 9/27/05 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Please return two executed ori inal documents to William Mountford, ACA Yes (Initial) WEM N/A (Not A licable) 2. 3. 4. 5. 6. 7. N/A WEM WEM N/A I: Forms! County Formsl BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 05.0028/107 16K12 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this L.Q7-t~ day of S Q ft e M be c ,2005- by and between Better Roads Inc. (hereinafter referred to as "Better Roads") and Board of County Commissioners for Collier County (hereinafter referred to as the "County"). WIT N E SSE T H: WHEREAS, Better Roads submitted a claim to the County Claim No. 001 in conjunction with the Countywide Paved Shoulder & Sidewalk Improvements Project, Collier County Contract No.: 03-3528 located in Collier County, Florida, seeking payment of monies held by the County as liquidated damages (hereinafter referred to as the "Claim"); and, WHEREAS, Better Roads and the County, without either of them admitting any liability or fault, desire to settle the Claim and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or in the Claim and the subject Project; and WHEREAS, Better Roads and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their 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 Agreement and Release, and with the intent to be legally bound, Better Roads and the County agree as follows: 1'" C::;::, ~,:, c..n C:'I C) --I f'v a ~ "'-'-", >.=-~ '-:- .:::.:- ;:d_ --.. \ , IT' );:;. ~I Cl ) :::0::; ..:? i~' rT; I f1 .<: .:2::. ......-'... c.n CJ1 16K12 1. Better Roads and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses," by referenced into this Agreement and Release. 2. In consideration of the resolution of all disputes arising from or referring or relating in any way, whether directly or indirectly, to the Claim and the subject Project, and for an in consideration of the sum of Ten Thousand Dollars ($10,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Better Roads, Better Roads agrees to release the Claim. The County shall pay the $10,000 to Better Roads by wire transfer on or before October 28, 2005. Based on the resolution of the Claim, the subject Project will be considered closed upon the making of payment as set forth herein. 3. In consideration of the resolution of the Claim, and for other good an valuable consideration, the receipt and adequacy of which is hereby acknowledged, Better Roads, on behalf of itself, as well as on behalf of its attorneys, agents, representatives, insurers, heirs, successors and assigns, herby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that it has asserted or could have asserted concerning the claim or that arise from or relate or refer in any way, whether directly or indirectly, to the Claim or any incident, event or allegation referred to or made in the Claim. 4. In consideration of the resolution of the Claim, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of itself, as well as on behalf of its elected officials, officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates, hereby expressly releases 16K12 and forever discharges Better Roads, as well as its attorneys, agents, representatives, insurers, heirs, successors and assigns from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that it has asserted or could have asserted concerning the Claim or that arise from or relate or refer in any way, whether directly or indirectly, to the Claim or any incident, event or allegation referred to or made in the Claim or concerning the referenced Project. 5. Notwithstanding anything that may be to the contrary in Paragraphs 3 and 4 of this Agreement and Release, Better Roads and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 6. Better Roads and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 7. Better Roads and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Better Roads or the County. 8. Better Roads and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language. 16:K 12 9. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 10. In the event of an alleged breach of this Agreement and Release, Better Roads and the County agree that all underlying causes of action or claims of Better Roads have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions and/or for any damages arising from the breach. In this regard, Better Roads and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 11. This Agreement and Release shall be governed by the laws of the State of Florida. 12. Should any party breach this Settlement Agreement, the non-breaching party in any action to enforce the Settlement Agreement shall be entitled to the recovery of its attorneys' fees and costs from the breaching party. IN WITNESS WHEREOF, Better Roads and the County have signed and sealed this Agreement and Release as set forth. DATED: \'O-<h~-D5 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (Q.(r By: '-~w. ~hainnan " n : <:.:.;," . .0, fr~ ......, ,:___ ",...~rt~ ston.t.... OIl" Fred Coyle Date: 'I" Item # l (QjJ2 Agenda(\ --1.1-05 Date: Date '-1, IIIj '" '''1 ,,\ :,..Q. f\OA()S"11111 ,,:.,,'\'V'........... a. I,,; .$' ".<t. ~;' ..' '. '"'&\ ~ /tJ- z,o.. O:j~.....~~ORA;;.~:. \ ~ :" <:' '. = . - c SEAL ~ \ 1983....... f /,... ......... " 1111111 Fl OR\O ~\\\\\\ "'1111/ 11\11 111\\ ""'" . (I,,;: ~ ~~'.',,'::' \;\.~{/ r;. '':~ " :", I ~V iii' ~~~d \D-d\-(f; ~~ 16Kl~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 20th day of October 2005 by Joseph M. Restino, as Vice-President of Better Roads Inc., a Florida Corporation, on behalf of the corporation. &She is personally 1cng,ynJQJJle. or has produced as identification and did ~ take an oath. DONNA DiMARE Notary Public, State of Florida My comm. expo Oct. 5, 2007 Comm. No. DO 255504 ~ ih1kLX- (Sign ture of Notary) My Commission Expires: NAME: (Legibly Print) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commissioner No: Approved as to form and legal Sufficiency: 16K13 MEMORANDUM Date: November 4, 2005 To: William E. Mountford Assistant County Attorney From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Release between CPOC Realty, LLC Enclosed please find one (1) original document, as referenced above (Agenda Item #16K13), approved by the Board of County Commissioners on Tuesday, September 27, 2005. If you have any questions, please call me at 732-2646 ext. 7240. Thank you. Enclosures (.1) , 1 ~K13 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this 27'h day of September, 2005 by and between CPOC Realty, LLC, (hereinafter referred to as "Plaintiff") and Board of County Commissioners For Collier County (hereinafter referred to as the "County"). WIT N E SSE T H: WHEREAS, Plaintiffs filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled CPOC Realty, LLC, a Delaware Limited Liability Company v. The Board of County Commissioners, Collier County, a political subdivision of the State of Florida, Case No. 04-5636-CA (hereinafter referred to as the "Lawsuit"); and, WHEREAS, Plaintiff and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 1~~K13 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1 . Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Twenty Thousand Dollars ($20,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of itself, as well as on behalf of its attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that it has asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. .' 16K13. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all causes of action or claims raised by Plaintiff in the above- , ._---~-'~~_..~._"--'--.,_._--,-- 16K13 referenced suit have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. ~; BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: '1uJ-w. ~ Fred W. Coyle " Chairman Date: ~ /~ ,/ ./~ F/J CPOC Realty, LLC, Plaintiff Date: "/to-J . ...--- /, .;Z{)-~ j Ifem# 'I.9J~/~ ~~~nda q. 27~v5 Date II. Y"05 (;4~r iiV~F I 1 SK13 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by 7fbHA--S l~1-I1tO '~ LvN D , a representative of CPOC Realty, LLC, before me, this / ~-of ^/ I.) (/~7 &-~ , 2005. ~C/'(l -4-i<~ ture of Notary Public Personally Known or Produced Identification --2L Je~J-t...I (l Ht L 07'1<- Commissioned Name of Notary Public (Please print, type or stamp) Type of Identification Produced My Commission expires: I"H"""""""" ..... ....... II... ..............1 : ~"'~.",~"" JOAN C. HULEK : i !~~~1:. Comm;~~jon # 000226979 i : ~~~.il F';ires 6/2612007 : : ";;JOFf\.~,~..'o; Bonded through : i (soo-:t~2~254) Florida Notary Assn., Inc. : 'I"." II II...... ...... I" II...... II' ....... ........1 Approved as to form and legal sufficiency: William E. Mountford Assistant County Attorney 04.04251548 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i)178 ,. To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Person: Amy Patterson Date: September 9,2005 Originating Deptl Div: CDESI Impact Fee Administration Petition No. (Ifnone, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. September 27.2005 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "CORRECTIONAL IMPACT FEE STUDY, COLLIER COUNTY, FLORIDA"; AMENDING THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR THE DEFINITION OF A NEW LAND USE CATEGORY ON THE CORRECTIONAL FACILITIES IMPACT FEE RAtE SCHEDULE; ESTABLISHING METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2005. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 131-138902-649100 ~f.J.L~ )1- 7-os Date List Attachments: 1. Ordinance Amendment 2. Appendix "A" - Fee Schedule DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a cop; fo~ file. *********************************************************************************************************** 178 d FOR CLERK'S OFFICE USE ONLY: ,-- q () q (F. IK. Date Received: 9 - '3 -<rs Date of Public hearing: - ~. f -0) Date Advertised: - I.[) '"V;- @ l ~ ~ '3D Ct "^- _,v_"_"'n~"".'__"'__"""_"'_;___"'"""'~~~--'"'''''-~-''-_.,--.. 178 ORDINANCE NO. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "CORRECTIONAL IMPACT FEE STUDY, COLLIER COUNTY, FLORIDA"; AMENDING THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR THE DEFINITION OF A NEW LAND USE CATEGORY ON THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE; ESTABLISHING METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2005. WHEREAS, on June 22, 1999, the Board of County Commissioners adopted Ordinance No. 99.52, the Collier County Correctional Facilities Impact Fee Ordinance, thereby establishing the County's then applicable Correctional Facilities Impact Fee rates, and, as such, those rates have been in effect for more than three (3) years; and 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 Laws and Ordinances (the "Code"), and incorporating the aforementioned Correctional Facilities Impact Fee rates that had been established by the adoption of Ordinance No. 99-52; and WHEREAS, as Section 74-502 of the Code states that impact fee studies should be reviewed at least every three years, the County retained Duncan Associates, in association with Dr. James C. Nicholas (the "Consultants"), to review the existing Correctional Facilities Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultants have prepared an impact fee study, entitled "Correctional Impact Fee Study, Collier County, Florida," dated April 18, 2005 (the "Study"); 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, the Study recommends changes to the Correctional Facilities Impact Fee rate schedule, as set forth in Schedule Four of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and Underlined text is added; ElRiok Ihral>gh text is deleted WHEREAS, the Study also recommends establishing the proposed impact fee rates in order to more equitably distribute the costs of acquiring public facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by commercial and residential land uses; and WHEREAS, the Consultants have developed fee calculation and indexing methodologies that will be imposed in an equitable and non-discriminatory manner; and WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Correctional Facilities Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-106. Adoption of Impact Fee Studies. *** (7) Correctional facilities: "Rate Stliay faf Iffitlaet Fees for COFFeetisRal Faeilities fer Callier Cal:lRty, FlariaQ," }:'lFej3ared by HeaGemoa, YOI:lRg & Cam}:'lIHl.Y (f.}:'lfil 26, 1999), as ameRded; Correctional Impact Study. Collier County. Florida. prepared by Duncan Associates (April 18, 2005). as amended; and *** SECTION TWO. Article I, General definitions, Section 74-108, of the Collier County Code of Laws and Ordinances is hereby amended to add the following definition: *** Other residentiallnursinf! home shall mean any dwelling unit or group quarters, other than single-family, detached residences. including apartments. townhouses. condominiums. nursing homes. dormitories. fraternities. and sororities. but not including hotels. motels. or similar short-term lodging facilities or anv governmental institutions. *** SECTION THREE. Article ill, Special Requirements for Specific Types of Impact Fees, Section 74-308, Special requirements for Correctional impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-308. Special Requirements for Correctional impact fee. *** (f) Impactfee rates. The correctional impact fee rate schedule incorporated in schedule ~ is hereby adopted and the correctional impact fees established in the correctional impact fee rate schedule are hereby ~ text is added; ~lFu..k tl1rBl>gIl text is deleted Page 2 of 4 178 imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories. (g) Annual Mid-Cvcle Correctional Impact Fee Rate Indexin!l. Beginning on November 1. 2005. the County shall commence a three-year Correctional Impact Fee uodate cvcle pursuant to Subsections 74-20Hb) and 74-502(a) of the Code. In each of the two (2) mid-cycle years (between the formal three-year uvdates) beginning on or about November 1. 2006. the County shall implement adiustments to the correctional imvact fee rates based upon the building cost index provided by the Engineering News-Record. Mid-cvcle indexed rate change adiustments will be adopted bv a Resolution of the Board pursuant to Subsection 74-20Hb) of this Chapter. SECTION FOUR. 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 FIVE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions in Sections One through Three of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-Iettered and internal cross- references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX. EFFECTIVE DATE. This Ordinance shall be effective November 1,2005, subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of September, 2005. ATIEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman , Deputy Clerk ufficiency: ~ text is added; SlRiok t!lf."gk text is deleted Page 3 of4 178 APPENDIX A SCHEDULE FOUR: CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE Land Use Correctional Facilities Impact Fee Per D'I'{el~ing UBit or Square Footage Re~ideBdah ~ Sincle-Familv Detached $0.1026 per SQuare foot* Other ResidentiallNursin!! Home $0.0562 per SQuare foot** Non-Residential: Lodging Hotel/ Motel ~ per square foot Nursing lioHlelin&titlHien $O.039Q fief sltllllfe feet Mi~eellllBeell6 resicieBtial $().323711ef slJQlIfe feet Medical Hospital $lM9-l4 $0.3260 per square foot Commercial Office ~ $0.2132 per square foot Retail/CommerciallRecreation ~ $0.5426 per square foot $h+Q4J $0.5426 per square foot RestaurantlBar /Lounge IndustriallManufacturing ~ $0.0296 per square foot Leisure/Outdoor ~ $0.5426 per square foot Oilier Mis6ellllBeeus $1.4€ie4 fler BlJl!lIfe feet Institutions Church ~ $0.0832 per square foot School/College ~ $0.7155 per square foot Government/public buildings ~ $0.2335 per square foot * The Correctional Facilities Imoact Fee is capped based upon the fee applicable to a 4.000 SQuare foot (liviD!! area) SiD!!le-Familv Detached dwelling unit. ** The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4.000 SQuare foot (living area) Other Residential dwellin!! unit. The cap does not apolv to the SQuare foota!!e of Nursin!! Homes. Underlined text is added; ElRiak Iilreltgll. text is deleted Page 4of4 178 , tl.. ;1.. 178 September 13,2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of intent to consider: An ordinance amending Ordinance No. 2001-13 Dear Legals: Please advertise the above referenced notice on Friday, September 16,2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O./Account # 131-138902-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE 178 Notice is hereby given that on September 27, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "CORRECTIONAL IMPACT FEE STUDY, COLLIER COUNTY, FLORIDA"; AMENDING THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; PROVIDING FOR THE DEFINITION OF A NEW LAND USE CATEGORY ON THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE; ESTABLISHING METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF NOVEMBER 1, 2005. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN 178 DWIGHT E. BROCK, CLERK By: /Heidi R. Rockhold, Deputy Clerk (SEAL) 178 Heidi R. Rockhold From: Sent: To: Subject: Heidi R. Rockhold Tuesday, September 13, 2005 1 :51 PM 'Iegals@naplesnews.com' Ordinance Amending Ordinance 2001-13 Attachments: Ord Amend. Ord. 01-13.doc; Ord. Amend. Ord. 01-13.doc Legals, Please advertise the above mentioned notice on Friday, September 16, 2005. Ord Amend. Ord. Ord. Amend. Ord. Ol-13.doc (30... Ol-13.doc (33... Jfyou have any questions, please call me. Thank }'Oll, Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold@clerk.collier/i.us) Heidi Rockhold Heidi R. Rockhold 178 From: Sent: To: Subject: ClerkPostmaster Tuesday, September 13, 2005 1 :51 PM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT608347.txt; Ordinance Amending Ordinance 2001-13 [J [J ATT608347.txt Ordinance (231 B) lending Ordinance <'7'1. . . .. il I D I' S' hl;P' .1 filS IS an automatu:a y generatec e .lvery " tatus lVotl.;lcatlOn. Your message has been succes.\:fidly relayed to thefollovving recipients, but the requested delivery status notUications ma.v not be generated by the destination. I egalsCi!?napl esnelVS. com Heidi Rockhold Heidi R. Rockhold From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, September 13, 2005 1 :48 PM Heidi R. Rockhold Delivered: Ordinance Amending Ordinance 2001-13 Attachments: Ordinance Amending Ordinance 2001-13 ~ L..::..J Ordinance lendingOrdinance. . ")d' /. ') fO){-()IIJ ' <<c rmance Amen(lllg c rt mance _). _ - _J>> Your message To: legals(i~naples'nelvs.com Subject: Ordinance Amending Ordinance 2001-13 Sent: Tue, 13 Sep 2005 13:50:42 -0400 vvas delivered to thefollrnving recipient(.s'): legals on Tue, 13 Sep 2005 13:48:09 -0400 Heidi Rockhold 178 Ordinance Amending Ordinance 2001-13 Page 1 of 1 1 7 B ""1 Heidi R. Rockhold From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, September 13, 2005 2:15 PM To: Heidi R. Rockhold Subject: RE: Ordinance Amending Ordinance 2001-13 OK -----Original Message----- From: Heidi R. Rockhold [mailto:HeidLRockhold@c1erk.collierJl.us] Sent: Tuesday, September 13, 2005 1:51 PM To: legals@naplesnews.com Subject: Ordinance Amending Ordinance 2001-13 Legals, Please advertise the above mentioned notice on Friday, September 16, 2005. <<Ord Amend. Ord. 01-13.doc>> <<Ord. Amend. Ord. 01-13.doc>> If you have any questions, please call me. Thank you, Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold@~clerk. collier jl. us) 9/13/2005 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59106654 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 09/16 AD SPACE: 145.000 INCH FILED ON: 09/16/05 --------------------------~?----------------------+ Signature of Affiant ~ ~~ Sworn to and Subscribed ~efore me this~ day of Personally known by me ,______.~~~ .,.. ~e t ColltrI'lIUlb_' 'tII11 con- slct.r th9enactrnent of a C,o'untr,Orlil nance. The meetlno w II com- menc<<I at 110O 4M. The title of tl!t proposed Or. ctlnlulCle ....~: AN ORO,"ANCI Of THI. BOARD r' COUNTY I COMMit 10NIRI TO' COLLIE COUN V. FLORIDA. AMIN,OING SCHEDULE FOUR OF AP,: PENDIX A ,OF CHAPTb 74 OF THE COLLIER COUNTY COOE OF LAWS AND OR S AS D "~"" NANCE T' '. LlER CO gIs, L1. DATED IMPACT PIE OR, DINANCE. NO. 2001-13, PROVIDtMG. foa"tNl-~ CORPORATION'r'V RE. FERENCE OF HI 1M. PACT FEE STUOY,ENTI- TLED "CORR~CTtONAL IMPACT PESTIS.V. C OUI ERO IfNTV. FLORlgA",' 'A M,WNDI.N G THE C RI CTlO' 'A. CILITIESMflAC FlI , RATE SCHIDUU!i. ~ lIT , FORTH IN THE:IACT FEE UPDATE S UOY; 'ROYI D 178 , NOTE: All per50llI wish- Ing to speak on ani y Item must reg s- the county ad- I=~nl: ::::a I"'" to be addresled. Individual ~kerl will be limited to 5 minutes on lInY.' Item. The selee> tlon IIf' an Individual to Ipeakon behalf of aln Clt1anlatlon or group I encouraged. If recog- nlled by the Chairman. a slIIokespersoll for a ~~~o~ll=nl~aMrn~ . ute. to speak on .an ~ ",,' etlo, nl wishing tlc.o bave written or ~ =t=-=~ ~~l\.~ :,'t!ell. S~lg l;,';;iCl"prlor"i01hi reo ~ public hearing. In II\Y CUlt. written ma. terlals Intended to be considered tw ttle 80lIrd shall be submitted to the appropriate County staff a minimum of sev. ~lfc~J\~ 11l M'a~ terlal U.,d In araenta. tlons before the' BOard will become a perma- nent part Of ttle l'Il:ord. Any perlOn who decld. :fit:. a'p'p"~ \M=o~ record01'th; proceed- ::W~?L:rret~ . to ensure tbat a ~a- ~~: of th, eJ.'ig.; ;;co;rlncl~~ tes- timony an'ii''i.liiencel, u~ICh thl appea I.OU1HY I COW ROUNTV. Mo W. COYLE.' CKAIR. ~.GI-IT I. BROCK. CLERK Sy: 'IHeldl It. Rockhold. DePutY Clerk (SEAL) 5eDt16 No~~27 RA L.IS FOR CYC ADJ ' I TKI CORRlCTI A PACT FEE RATe$; P IDING FOR C ANIlSIV. ERAS' IOIVI, DING FOR IN t WtE ~~l.f.. V:t. FECTlye OATI'01 NO- VIM_l. 2015. coRle. of the proJ)oUd Oriilln,nce are on file with tlte Clerk to the Board .. .... _Valllltle for~. A1llfmtr. esteel Dal'tI8li are invited - - - - - - - - - - - - to attend and be heard. ..,.,.. ~u._ ~J'<f. ~~) "'OFf'~ Notary Public State of Florida M Susan 0 Flora 9 My Commission OD382729 Expires 01/02/2009 ~# 2005 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP!? B ...,,, TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO.~ .. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE " Print on pink paper. Attach to original document. Oliginal documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Otllce only !.f:W: the Board has taken action on thc item.) ROUTING SLIP eomplete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ex tion of the Chairman's si ature, draw a line throu h routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson ine #5 . Route to Addressee(s) Office Initials Date (List in routin order 1. Sand.(Q. h.e-a.. COES - A-ctvvu'n dlL- 2. 3. Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the BCe has acted to approve the item. 4. 5. Sue Filson, Executiy : I i/ Board of County Commissioners G;Sq- 572,( 17 6 , (Lf ages) Af ,.JA w I: Formsl eounty Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 6. Minutes and Records ; j I \. >~. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Am ' Pafte(son Se t. dry J005 Drdinance 05-4 Phone Number Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark ''N/A'' in the Not Applicable column, whichever is a ro riate. Original document has been sign~initialed for legal sufficiency. (All documents to be signed by the Chairman, with the ~xception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 17 B ""J ORDINANCE NO. 2005- 47 ~ , AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FOUR OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LA WS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "CORRECTIONAL IMPACT FEE STUDY, COLLIER COUNTY, FLORIDA"; AMENDING THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDA TE STUDY; PROVIDING FOR THE DEFINITION OF A NEW LAND USE CATEGORY ON THE CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE; ESTABLISHING METHODOLOGY FOR THE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELA YED EFFECTIVE DATE OF NOVEMBER 1, 2005. WHEREAS, on June 22, 1999, the Board of County Commissioners adopted Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance, thereby establishing the County's then applicable Correctional Facilities Impact Fee rates, and, as such, those rates have been in effect for more than three (3) years; and 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 Laws and Ordinances (the "Code"), and incorporating the aforementioned Correctional Facilities Impact Fee rates that had been established by the adoption of Ordinance No. 99-52; and WHEREAS, as Section 74-502 of the Code states that impact fee studies should be reviewed at least every three years, the County retained Duncan Associates, in association with Dr. James C. Nicholas (the "Consultants"), to review the existing Correctional Facilities Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultants have prepared an impact fee study, entitled "Correctional Impact Fee Study, Collier County, Florida," dated April 18, 2005 (the "Study"); 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, the Study recommends changes to the Correctional Facilities Impact Fee rate schedule, as set forth in Schedule Four of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and .... Underlined text is added; Stmsk tllf8l1gli text is deleted 17 B ~ '; WHEREAS, the Study also recommends establishing the proposed impact fee rates in order to more equitably distribute the costs of acquiring public facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by commercial and residential land uses; and WHEREAS, the Consultants have developed fee calculation and indexing methodologies that will be imposed in an equitable and non-discriminatory manner; and WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Correctional Facilities Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-106. Adoption of Impact Fee Studies. *** (7) Correctional facilities: "Rate Study for Impact Fees for CorrectiOl'lal Facilities for Collier County, Florida," prepared by Henderson, Young & Company (f.pril 26, 1999), as amended; Correctional Impact Study, Collier County, Florida, prepared by Duncan Associates (April 18,2005), as amended; and *** SECTION TWO. Article I, General definitions, Section 74-108, of the Collier County Code of Laws and Ordinances is hereby amended to add the following definition: *** Other residentiallnursinz home shall mean any dwelling unit or group quarters, other than single-family, detached residences, including apartments, townhouses, condominiums, nursing homes, dormitories, fraternities, and sororities, but not including hotels, motels, or similar short-term lodging facilities or any governmental institutions. *** SECTION THREE. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-308, Special requirements for Correctional impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-308. Special Requirements for Correctional impact fee. *** (f) Impact fee rates. The correctional impact fee rate schedule incorporated in schedule +:!: is hereby adopted and the correctional impact fees established in the correctional impact fee rate schedule are hereby Underlined text is added; StHlsk tluollg~ text is deleted Page 2 of 4 17 B -"J imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories. (g) Annual Mid-Cvcle Correctional Impact Fee Rate IndexinJ!. Beginning on November 1, 2005, the County shall commence a three-year Correctional Impact Fee update cycle pursuant to Subsections 74-201(b) and 74-502(a) of the Code. In each of the two (2) mid-cycle years (between the formal three-year updates) beginning on or about November 1, 2006, the County shall implement adiustments to the correctional impact fee rates based upon the building cost index provided by the Engineering News-Record. Mid-cycle indexed rate change adiustments will be adopted bv a Resolution of the Board pursuant to Subsection 74-201(b) of this Chapter. SECTION FOUR. 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 FIVE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions in Sections One through Three of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-Iettered and internal cross- references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX. EFFECTIVE DATE. This Ordinance shall be effective November 1,2005, subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ;J7-t+1 day of September, 2005. AITE~r.,,,",,,,,,,, Dji~\~.~.~~~~~~<;~:k ;/ ~";.... .... '~.... { p: ' '. ;:;, 'iIi P!4 ~ ,2. . ~ By: -.lL w. G k '\..::- :":."~ . ,j.. iIty Clerkto M._, FRED . COYLE, Chai~ '-:.. ).~. '-" ...{'..U,t IS WIll .... . '. 'IJ~' J~ . S igAlUtrt .IJ. . " . ufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA A Underlined text is added; Stnwk tilrougll text is deleted Page 3 of 4 APPENDIX A SCHEDULE FOUR: CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE Land Use Correctional Facilities Impact Fee Per DwelliRg Uait or Square Footage Residential: $117.98 Single-Family Detached $0.1026 per square foot* Other ResidentialINursing Home $0.0562 per square foot** Non-Residential: Lodging Hotel! Motel $0.2310 $0.3071 per square foot Nmsiag Rome/iRstitHtioa $0.0390 per square foot MiseellaI1eol:ls residential $0.3237 per sqHare foot Medical Hospital $0. <1911 $0.3260 per square foot Commercial Office $1.3260 $0.2132 per square foot Retai l!CommerciallRecreation $1.0920 $0.5426 per square foot Restaurant/Bar /Lounge $1.7013 $0.5426 per square foot Industrial /Manufacturing $0.0312 $0.0296 per square foot Leisure/Outdoor $0.5616 $0.5426 per square foot Other Miscellaneous $1.1664 per sqllare f-oot Institutions Church $0.1170 $0.0832 per square foot School/College $0.1599 $0.7155 per square foot Government/public buildings $0.6708 $0.2335 per square foot * The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000 square foot (living area) Single-Family Detached dwelling: unit. ** The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000 square foot (living area) Other Residential dwelling unit. The cap does not apply to the square footage of Nursing Homes. Underlined text is added; Slrllek throllgR text is deleted Page 4 of 4 17 B ~ 17 B . STATE OF FLORIDA) COUNTY OF COLLIER) 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 and correct copy of: ORDINANCE 2005-47 Which was adopted by the Board of County Commissioners on the 27th day of September 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of September, 2005. 17C ORDINANCE NO. 05 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE OR ITS SUCCESSOR, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CLESEN PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33::t ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 98-10, AS AMENDED, THE FORMER CLESEN PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William Hoover of Hoover Planning, representing Frank Clesen and Sons Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 7, Township 49 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 appropriate Zoning Atlas Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, or its successor, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 98-10, as amended, known as the Clesen PUD, adopted on February 10, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety, and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. 1 - 17C ORDINANCE NO. 05 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE OR ITS SUCCESOR, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPRO RIA TE OFFICAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CLESEN PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33:t ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 98-10, AS AMENDED, THE FORMER CLESEN PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William Hoover of Hoover Planning, representing Frank C1esen and Sons Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 7, Township 49 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 appropriate Zoning Atlas Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, or its successor, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 98-10, as amended, known as the Clesen PUD, adopted on February 10, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its. entirety, and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. 1 17C PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Patrick G. hite Assistant County Attorney 2 17C CLESEN PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: RICHARD J. CLESEN, PRESIDENT FRANK CLESEN & SONS, INC. 316 FLORENCE AVENUE EVANSTON, ILLINOIS 60202-3298 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE & DEV., INC. 6061 CASTELLO DRIVE, SUITE 220 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and BEAU KEENE, P.E. 240 AVIATION DRIVE NAPLES, FLORIDA 34104 RICHARD D. YOV ANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 T AMIAMI TRAIL NORTH, Suite 300 NAPLES. FLORIDA 34105 JEFFREY D. DAVIDSON, PE DAVIDSON ENGINEERING. INC. 2154 TRADE CENTER WAY. SUITE 3 NAPLES, FLORIDA 34109 DATE REVISED March 29, 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDED ORDINANCE NUMBER/DATE #98-10 on Feb. 10,1998 EXHIBIT "A" PUDZ-2003-AR-3588 4th RE-SUBMITTAL Project #19990103 Date: 41512005 Robin Meyer 17C .,,~ TABLE OF CONTENTS PAGE TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS ii 1 2 4 6Z ~ll EXHIBIT A EXHIBIT B EXHIBIT G ~ LIST OF EXHIBITS PUD MASTER PLAN CONCEPTUAL '.N/\TER MANAGEMENT/UTILITY PLAN SKETCH OF REAR WALL ii 17C '~ 17C STATEMENT OF COMPLIANCE The development of approximately 4.33 acres of property in Collier County, as a Planned Unit Development to be known as the Clesen PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Clesen PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located on the northern side of Pine Ridge Road, approximately 1000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road. This strategic location allows the site superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The subject project will have a shared access, with the adjacent tract to the west and the subject parcel will provide an access easement for both properties to the east, so that all 4 properties can utilize only a single access onto Pine Ridge Road. Such access point is a designated access point on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. 5. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 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 as set forth in Policy 3.1 of the Future Land Use Element. 1 17C SECTION I PROPERTY OWNERSHIP AND 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 Clesen PUD. 1.2 LEGAL DESCRIPTION The subject property, zoned Clesen PUD. being 4.33 acres prior to the purchase of the southerly 20 feet by Florida Department of Transportation for Pine Ridge Road rioht-of-way and 4.18 acres after such purchase, and located in Section 7, Township 49 South, and Range 26 East, is legally described as: All of Tract 92, Golden Gate Estates Unit No. 35, according to the Plat thereof, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. LESS AND EXCEPT That part of the Clesen PUD within Lot 92, Unit 35. Golden Gate Estates, a subdivision of all of Section 7. Township 49 South. Ranoe 26 East. accordino to the Plat thereof. recorded in Plat Book 7. Paoe 85. Public Records of Collier County, Florida. more particularly described as follows: Commence at the Southeast corner of Section 7. Township 49 South. Ranoe 26 East; thence South 89037'34" West 1,229.35 feet to the POINT OF BEGINNING; thence continue South 89037'34" West 329.94 feet to a point; thence North 00026'33" West 54.91 feet to a point thence North 87020'08" East 330.19 feet to a point; thence South 00026'28" East 68.11 feet to the POINT OF BEGINNING. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Frank Clesen & Sons, Inc., Attention: Richard J. Clesen, President, 316 Florence Avenue, Evanston, Illinois 60202 3298. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA 2 17C .:~"'''l' A. The subject property is located on the northern side of Pine Ridge Road approximately 1 ,000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road (unincorporated Collier County), Florida. B. The property is currently vacant. The entire project site currently has Estates PUD Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1_ 75 canal system. The project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality in accordance with the rules of South Florida Water Management District. Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the project is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. 1.6 PROJECT DESCRIPTION The Clesen PUD will include a mixture of oommorci:ll and/or offico uses retail uses, office uses, or a combination thereof. Section 4.8B. of the +Ae Clesen PUD intends to establishes guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards as described in Section 4.8B. will be created bv the developer for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers at the time of the Site Development Plan application. The Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1 .7 SHORT TITLE This Ordinance shall be known and cited as the "Clesen Planned Unit Development Ordinance". 3 17C SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and 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. Regulations for development of the Clesen PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of 3doption of this PUD time of buildinQ permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Clesen PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division ~ 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 17C 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, includino lavout of streets and use of land for the various tracts. is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be 3 land use tracts. plus necessary water manaoement lakes, street riohts-of-wav, the general confiouration of which is also illustrated by Exhibit "A". B. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 1 0.02.13E. of the Collier County Land Development Code or 3S other\vise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE Hotels and motels shall be limited to a floor area ratio of 0.60. Retail and office uses shall be limited to 40,000 square feet of oross floor area. 2-:4 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Section 10.02.03 Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3, Section 10.02.03 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. U 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 1 0.02.13E. of the Land Development Code. 5 17C 2.7 PROPERlY OWNERS ASSOCIA liON FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibilitv is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located. that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. / 6 17C SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, and office uses. The 4.33 acre site is located on the northern side of Pine Ridge Road approximately 1000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road. It is also designated an Interstate Activity Center. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Depository Institutions [groups 6021-6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 3. Eating Places (group 5812, sit-down restaurants only). 4. Food Stores (groups 5411 including supermarkets but not convenience stores, 5421 - 5499 except no roadside sales). 5. General Merchandise Stores (groups 5311 - 5399). 6. Health Services (groups 8011 - 8049, 8082). 7 17C 7. Home Furniture, Furnishings and Equipment Stores (groups 5712 _ 5736). 8. Hotels and Motels at a maximum floor area ratio of 0.60 (group 7011 ). 9. Insurance Agents, Brokers, and Services (group 6411). 10. Legal Services (group 8111). 11. Miscellaneous Retail [group 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5994 (Newstands), and 5995 (Optical Goods)]. 12. Paint and Wallpaper Stores (group 5231 except glass stores). 13. Personal Services (group 7212 Dry-cleaning and laundry pickup stations only, 7215, 7217, 7219 -7261 except crematories, 7291). 14. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 15. Real Estate Agents and Managers (group 6531). 16. Travel Agencies (group 4724). 17. Video Tape Rental (group 7841). 18. f\ny other commerci::ll use or profession31 service which IS comp3rable in n3ture with the foregoing uses. C. Area "C" Permitted Principal Uses and Structures 1. All Permitted Principal Uses for Area "B" as described within this PUD Document. 2. Auto Supply Stores (group 5531). 3. Eating Places (group 5812). 4. Any other commercial use or professional service which IS compar3ble in nature with the foregoing uses. 8 D. Accessory Uses: 17C ~ ..,., 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. The sale of alcoholic beverages for on-premise consumption is permitted accessory to eating places (group 5812) as provided for in Section 3.3. The sale of alcoholic beverages is limited to a maximum of 30% of the gross annual receipts for such eating places. The business owner(s) shall submit an annual report to the Collier County Planning Director on or before April 15 of each calendar year evidencing that the revenue derived from the sale of alcoholic beverages did not exceed 30% of the gross revenue of said establishment for the preceding year. This report shall be prepared by or attested to by a certified public accountant. On-site consumption of alcoholic beveraqes shall be subiect to Section 5.05.01 of the Land Development Code. 3. Loud speakers and public address systems are prohibited for all land uses. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yard - Twenty-five (25) feet. (b) Yard Along Livingston Woods Lane - Eighty-two and one- half (82.5) feet. (c) Side Yard - Ten (10) feet. (d) Side Yard External to the PUD - Fifteen (15) feet. (e) Rear Yard - Fifteen (15) feet. 9 17C (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 Section 4.02.03 of the Land Development Code in effect at time of building permit application. However, all accessory structures shall be setback a minimum of eighty-two (82.5) feet from Livingston Woods Lane. D. Distance Between and Number of Principal Structures: Twenty (20) feet. Principal structures shall be limited to a maximum of three (3) buildings. E. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. F. Maximum Heioht: Three (3) stories not to exceed thirty-five (35) feet. Hotels and motels constructed to a height of three (3) stories shall not have any windows or balconies on the upper story facing the north. G. Off-Street Parkino and Loadino Requirements: As required by Division ~ 4.05 of the Land Development Code in effect at the time of building permit application. H. Open Space Requirements: A minimum of thirty (30) percent open space or 1.19 acres of the 3.95 acres of gross area for the entire PUD, after excluding the thirty (30) foot wide R.O.W. easement within Livingston Woods Lane and the southern 20 feet of the site taken by Florida Department of Transportation for Pine Ridoe Road rioht-of-way, shall be devoted to open space, as described in Section 2.2.20.3.5 4.07.02G.3. of the Land Development Code. (1) Area "A" of the PUD Master Plan shall contain a minimum of .55 acre of open space. (2) Area "B" of the PUD Master shall contain a minimum of .30 acre of open space. 10 17C (3) Area "C" of the PUD Master Plan shall contain a minimum of ~ .34 acre of open space (0.55 acre for Area "A" + 0.30 acre for Area "B" + 0.34 acre for Area "C" = 1.19 acre}. I. Bufferinq Requirements: (1) A twenty (20) foot wide Type "0" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Section 2.4.7.4 4.06.02 of the Collier County Land Development Code. ~ A ten (10) f{lot wide Type "/\" Buffer sh:lll be provided :JIang the eastern/v.'estern PUD boundaries, with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. U the site is simultaneously developed, as :l single project, with the abutting property to the e:Jst or 'Nest, such buff-or :JIang this common bound:Jry shall not be required and shall be identified on the site development plan f{lr the simultaneous development. @~ A twenty (20) foot wide Type "0" Buffer shall be provided along Livingston Woods Lane, with more stringent screening than required in Section 2.4.7.4 4.06.02 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on-center and a single double row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and at least one (1) row of shrubs located on the northern side of an eight (8) foot tall architecturally finished opaque masonry wall. Such wall shall have a common architectural theme with the other buildings and signage within the PUD as described in Section 4.8B. of this PUD Document and be installed and maintained with a finished side out towards Livingston Wood Lane. Such trees and shrubs shall meet the requirements of Section ~ 4.06.05 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject PUD. Additionally, between the wall and the northern boundary of Area "B", there shall be planted at least fifteen (15) Red Maples trees, or similar species, that are at least eight (8) feet tall. .Qlt4t Buffering between Area "B" and Area "C" of the PUD, shall be a five (5) ten (10) foot wide Type "0" Bauffer along both sides of the paved roadway, with trees spaced :l minimum of twenty (20) foot on center and a single rO'.\' of shrubs sp:Jced :J minimum of three (3) feet on centor. Such trees 3nd shrubs sh:lll meet the requirements of Section 2.4,4 of the Collier County L:lnd Development Code. 11 17C (1l{6t Buffering ootwoen othor internal paroels within Area "B" ~ :':'e:"C" of the PUD, shall be a five (5) foot wide buffer along eac. . cl to 00 doveloped, with lroos spacod a minimum of twenty (20) ~ ~~ ~:~t:r and a single rO'.v of shrubs spaced a minimum of th ..... ) feet on center. Such trees and shrubs shall meet the requi~~~~~ of Section 2.4.4 of the Collier County Land Development Code. @tet Buffering ben'.leen Area "B" and Area "1\" shall not be required. Irriqation and maintenance of all bufferinq material will be conducted in compliance with the Land Development Code as it may be in effect at the time of Site Development Plan approval. @f7t Required landscaping shall be maintained, and 'Nhere it dies, such landscaping sh311 be replaced 'Nithin ninety (gO) days. per Section 4.06.05 of the Land Development Code. J. Si~ms Signs shall be permitted as described in Section U 5.06 of the Collier County Land Development Code except pole signs, as described in Section 2.5.5.2.3.1 5.06.04 shall not be permitted. Ground signs, as described in Section 2.5.5.2.3.1 5.06.05, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.8B. of this PUD Document. K. Solid Waste Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.8B. of this PUD Document. L. LiQhting Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted within Area "C" and not exceeding a height of twelve (12) feet shall be permitted within Area "B". Lighting shall meet the architectural standards further described in Section 4.88. of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto residential properties. M. Architectural 12 17C .... The proiect shall complv with Section 5.05.08 Architectural Standards for Commercial Buildinos and Proiects of the Land Development Code. N. Outside Storaae and Displa~ There shall be no outside storaae or display of merchandise. 13 17C B. Petitioner shall provide a future cross access to the abutting parcel to the east or dedicate the east west road'Nay as a public road, prior to Final Site Development Plan approval. All traffic control devices, si!:ms, pavement markinqs and desiqn criteria shall be in accordance with Florida Department Of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS). current edition. FOOT Desiqn Standards. current edition. and the Manual On Uniform Traffic Control Devices (MUTCD). current edition. All other improvements shall be consistent with and as required bv the Collier County Land Development Code (LOC). C. Arterial level street liqhtinq shall be provided at all access pints. Access liqhtinq must be in place prior to the issuance of the first Certificate of Occupancy (CO). D. Access points. includinq both driveways and proposed streets. shown on the PUD Master Plan are considered to be conceptual. Nothinq depicted on any such Master Plan shall vest any riqht of access at any specific point alonq any property frontaqe. All such access issues shall be approved or denied durinq the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Manaqement Policy (Res. 01-247), as it may be amended from time to time. and with the Collier County Lonq-Ranqe Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however. no additional access points shall be considered unless a PUO Amendment is processed. ~ Site-related improvements (as opposed to svstem-related improvements) necessary for safe inqress and eqress to this proiect. as determined bv Collier County, shall not be eliqible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. F. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13. as amended. G. All work within Collier County riqhts-of-way or public easements shall require a Riqht-of-Wav Permit. .tL. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247). as it may be amended. and the LOC, as it may be amended. Collier County reserves the riqht to modify or close any median openinq existinq at the time of approval of this PUO which is found to be adverse to the health. safety. and welfare of the public. Any such modifications shall be based 16 17C on, but are not limited to: safety, operational circulation. and roadway capacity. L Nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither will 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 developer, its successor in title, or assignee. K. All internal roads, driveways, allevs, pathways. sidewalks and interconnections to adiacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. 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. M. If, in the sole opinion of Collier County. a traffic signal. or other traffic control device. sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary. the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. N. The County will require adiacent developments to provide shared access or interconnections with this development. The developer. or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. The County will support the reduction of the FOOT limited access area in front of the adjacent property to the west in order for this development to share access onto Pine Ridge Road with said property. The width of the shared access road shall be entirely on the adiacent property owner's property and shall not exceed forty feet. 4.8 PLANNING A. Pursuant to Section 2.2.25.8.1 2.03.07E. 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. B. All buildings. lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall 17 17C comply with tHe Section 5.05.08 Architectural ::md Site Design Guidelines aRG Standards for Commercial Buildinqs and Proiects of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors except for decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 4.9 ENVIRONMENTAL A. An appropriate portion of native vegetation shall be retained on-site as required in Section 3.9.5.5."1 3.05.07 of the Land Development Code. B. An exotic vegetation, removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning eEnvironmental Review sStaff for review and approval prior to Final Site Development Plan/construction plan approval. 18 ~ I. h' I ~~ i ~. ---____m___ _____t~~ ~ a I ~ ~ o !~ ~ ~I H I.~ ~ I! II... i J~ ;~~ ~ ~ ..~ ~ 'I :I~ ~ fl III ~ !::::f ~II~ ~ ~I gll 51 !alii i ~..~ iI~ n~N ~ !Ii ....xli z "0 ......:z ~fTl ~~ ." fTl ~ ~ 8 G ~ ~ ::l s::fTl ~Bl ~"O '-"'C o N.OI7'''141!. IS II -I i. . (") r ~~ <0 "0"> C o 17C' ~ " '" I I I I I I I I I I I I I I I I : , ! J u I I I I I I I I I I I I I I I ~*z fTl ~ ~m ~N ~~ ~ A s.oc;r" to . ESTATES ZONING ~ (VACANT BUT WITHIN ; ACTMTY CENTER).... " jl ~~:~'II~'~j: : ~:: ~I~ ~ ~ !! I ~ ~ ~ i !! ~~r:lh5m ~ . a ~8-~~1~ !i!B ~ ~ ~~~ Iii ~ I I II f II j ~ III ~~8el !I..~i z j 1~8ul"~ ~d~~ ~ ~I.IS il~ i ~ -R ~ ~ I ~ 8 I ~81!1l 5S~ tlGl ~ ~~~i!il~B l~a.lS I. ~ ~ I b!;! iii ~ ~~,...i~;III~li ~ J fl!!li; '~~i~ in; II ~:~ ~ i;I'~i: ~ gJi~!~~lli~ ~ ~Siid I;tj~ ~s~ ~~~ ill ~;~ ~E~I.. ~~ ,. 1.1 ~~II II s.~~~~ ~. i~ ~~)A ill - i G . ~ - I~ ~ I IM~ J !~sl~1 ~ia: j:~ I I I i ~i~ ~ ~ ~ ~ ~ I ~~I~mi jl~~ :<~ q~~ A~ ~ i ~~~!: ~ir .~a . i 11 a .)1 !ill ... ll. ... ...-.. -- DA VIDSON ENGINEERING IHe -- 2154 TRAOE CENTER WAY, surn 3 """U.a. 'LO"';f. :Wi. .-- PliOJt(( (23') !I'1...)91, FAX 1120) st".I1" CONttANY to. NO "'47"'" I!DCI.-r "A" PUD MA81"I!R PLAN Exhibit "B" SKETCH OF REAR WALL 17C '" '-"" . .t. ~ -'.. r" U ,-.~";; ,..l.. .......-.. .', III I \ ~,\'t) "';.~rJ oil, ;: 1.. - ~ ~ \)4 ,- ~ .&U. fit at.~ ,,--,..1 "..4,. or .. \ ~ ~\\II ""...; .~ f A ~ ~ ~'~i. ~a' -It ".'~ ~JI'... .... _"."":- n~"t':!.J......::JI . ';Pi:.~t ~~.. 'A'"r~'" .~.f.~"....,>-~ :..- _ -I' 4 t ..\..-ot...!~ !.. ~r"" - ' T.. ~ 'J~ . '" ~ ~ ~. .. or"'" J - 'or" ;t ..,-:' ~ J;:"..-.~ ". if '...... ... ,.\ "" "I;~~ -.. ~ '!' ~, AP.?,. '" _ ..~:. ....~. '_;'-<')'~~" "'" II 9" ';"'~' ".t; "" ~ .'. 0'- -' ":~":'" ,~ ...._ -k ' . ," ..,..oJ "'" ".L .-. r · i"... ' .' " J .., ~.. ,.- - - · , . ., ...~..:.-~~[J~. b" : ' " ,,' " """ ,-:"" ~~j" .~, ,'r "-.,'. ' . . " ,~, . . ......,- ",.....~.~. ",,'. . ....... ...., ~l . ......., .~. t. " . , ......~ ", " "'" 17C 'ool April 13, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2003-AR-3588, CLESEN PUD Dear Legals: Please advertise the above referenced notice on Sunday, May 8, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O./Account # 113-138312-649110 17C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, May 24, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE OR ITS SUCCESSOR, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CLESEN PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33 +/- ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 98- 10, AS AMENDED, THE FORMER CLESEN PUD; AND BY PROVIDING AN EFFECTIVE DATE. PUDZ-2003-AR-3588, Frank Clesen & Sons, Inc., represented by William L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to PUD to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current LDC PUD requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. This property consists of 4.33 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. 17C Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Heidi R. Rockhold, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ~Gll!1ty. of Collier . CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST . P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 17C .- Clerk of Courts Accountant Auditor Custodian of County Funds April 13, 2005 Hoover Planning William L. Hoover 3785 Airport Road N. Suite B-1 Naples, Florida 34105 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-3588, CLESEN PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday May 24, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 8, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 1bti.. I?c~gl~~~ ~rk Enclosure Phone-(239) 732-2646 Web site- www.c1erk.collier.fl.us Fax-(239) 775-2755 Email-collierclerk@c1erk.collier.fl.us 17C Dwight E. Brock Clerk of Courts ,C()U!1t~'_~f Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 T AMIAMI TRAIL EAST . P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ^,J" Clerk of Courts Accountant Auditor Custodian of County Funds April 13, 2005 Frank Clesen & Sons, Inc. Frank Clesen 540 South Street Elgin, IL 60123 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-3588, CLESEN PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday May 24, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 8, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E .~ROn<~, ~,LnERK ~rL . u ~ ~ofO(LJe (61~di R. Rockhold, Deputy Clerk Enclosure Phone-(239)732-2646 Website- www.clerk.collier.ft.us Fax-(239) 775-2755 Email-collierclerk@clerk.collier.ft.us Heidi R. Rockhold 17C From: Sent: To: Subject: Heidi R. Rockhold Wednesday, April 13, 20052:08 PM 'Iegals@naplesnews.com' PUDZ-2003-AR-3588, CLESEN PUD LeBars, P{ease aavertise the a60ve mentionea notice on Sunaay, :May 8, 2005. '--J '--J PU DZ -2003-AR-35lPU DZ -2003-AR-358 8.doc 8.doc If you have any questions, p{ease carr me at 732-2646 ext. 7240. '11iank. you, J-{eidl :Minutes ana'R.ecorcfs Heidi Rockhold Heidi R. Rockhold 17C .". From: Sent: To: Subject: ClerkPostmaster Wednesday, April 13, 20052:08 PM Heidi R. Rockhold Delivery Status Notification (Relay) 11~~ ~ r::W>l L:::..J A TT256193. txt::JUDZ-2003-AR-358 8, CLESEN PUD This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Heidi Rockhold Heidi R. Rockhold 17C From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, April 13, 20052:05 PM Heidi R. Rockhold Delivered: PUDZ-2003-AR-3588, CLESEN PUD f~--:l L:..J PU DZ-2003-AR-358 8, CLESEN PUD <<PUDZ-2003-AR-3588, CLESEN PUD>> Your message To: legals@naplesnews.com Subject: PUDZ-2003-AR-3588, CLESEN PUD Sent: Wed, 13 Apr 2005 14:07:39 -0400 was delivered to the following recipient(s): legals on Wed, 13 Apr 2005 14:04:43 -0400 Heidi Rockhold PUDZ-2003-AR-3588. CLESEN PUD Heidi R. Rockhold Page 1 of 1 17C '..- From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, April 14, 20059:16 AM To: Heidi R. Rockhold Subject: RE: PUDZ-2003-AR-3588, CLESEN PUD OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk,collierJl.us] Sent: Wednesday, April 13, 2005 2:08 PM To: legals@naplesnews.com Subject: PUDZ-2003-AR-3588, CLESEN PUD LeBars, 'FCease aavertise tfie above mentioned notice on Sunday, :May 8, 2005. <<PU DZ-2003-AR -3588.doc>> <<PU DZ-2003-AR-3588.doc>> If you nave any questions, yCease caff me at 732-2646 ext. 7240. 'Ifia.n~ you, 3feidi :Minutes and 1U!cordS 4/14/2005 '^---"';""_'__,_.'~^,;_"h.""<.-''''''''_~;u.''' ... ....." Dwight E. Brock Clerk of Courts Cour.t~ of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTQOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 17C .-...." Clerk of Courts Accountant Auditor Custodian of County Funds April 13/ 2005 Frank Clesen & Sons, Inc. Frank Clesen 540 South Street Elgin, IL 60123 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-3588, CLESEN PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday May 24, 2005/ as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 8, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E .ARO!7~ _ ~~~RK ~rL . ~, ~oKJtiJe (6k~di R. Rockhold, Deputy Clerk Enclosure Phone- (239) 732-2646 W ebsite- www.clerk.collier.fl.us Fax- (239) 775-2755 Email-collierclerk@clerk.collier.fl.us 17C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, May 24, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE OR ITS SUCCESSOR, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CLESEN PUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33 +/- ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 98- 10, AS AMENDED, THE FORMER CLESEN PUD; AND BY PROVIDING AN EFFECTIVE DATE. PUDZ-2003-AR-3588, Frank Clesen & Sons, Inc., represented by William L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to PUD to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current LDC PUD requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. This property consists of 4.33 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. 17C Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Heidi R. Rockhold, Deputy Clerk (SEAL) 17C '~iff j;~~~... .. :~ Patricia L. Morgan From: Sent: To: Desel em Kay [KayDeselem@colliergov.net] Thursday, April 28, 2005 2:03 PM Bedtelyon, Linda; Bellows, Ray; Brock, Mary; DerenceLea; Filson, Sue; hoffmaneleanor; Johnson, Connie; LeaSandra; Martin, Cecilia; Minutes and Records; Murray, Susan; phonelog; Student, Marjorie; Brad Schiffer; Donna Reed Caron; Kenneth L. Abernathy; Lindy Adelstein; Mark P. Strain; Paul Midney; Robert P. Murray; Robert Vigliotti; Russell A. Budd; KleinTamara; White, Patrick William L. Hoover AICP (E-mail) Clesen PUD, PUDZ-2003-AR-3588 Cc: Subject: pfease note this petition, currentEy schedufed to 6e heard 6y the CCPC on :May 5 (item 8P) and 6y the c]3CC on :May 24 has 6een continued. '1fze new hearings dates have not 6een decic!ed. It seems that the petition may 6e re-schedufed for the CCPC on June 2, 6ut the c]3CC date has not yet 6een detennined. I wire forward detaiCs as I get them. '1fzanR...you. 1(ay (])esefem, }lICP' Pn'ncipa[P[anner (])ept of Zoning d, Land(])e'reCopment 1(gview Co[{zer County CJo'rernment 2800:N. Jforseshoe (])rive :Napfes, PL 34104 Phone: 239-213-2931 Pa:(; 239-213-2916 17C ,. April 28, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice to Kill Advertising: PUDZ-2003-AR-3588, The Clesen PUD Legals: Please kill the advertising for the above referenced petition, scheduled to run in the Sunday, May 8, 2005, edition of the paper. The petitioner has requested an indefinite continuance regarding this application. Thank you. Ann Jennejohn, Deputy Clerk 17C '( Ann P. Jennejohn From: Sent: To: Subject: ClerkPostmaster Thursday, April 28, 20052:53 PM Ann P. Jennejohn Delivery Status Notificatictn(Relay) Attachments: ATT693691.txt; PUDZ-2003-AR-3588, Clesen PUD ... ~-1 ~ r::--;:;l L:::J ATT693691.txt (229 B) PUDZ-2003-AR-358 8, Clesen PUD This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17C .~:i Ann P. JenneJohn From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, April 28, 2005 2:50 PM Ann P. Jennejohn Oelivered: PUDZ-2003-AR-3588, Clesen PUD Attachments: PUDZ-2003-AR-3588, Clesen PUD [2] PUDZ-2003-AR-358 8, Clesen PUD <<PUDZ-2003-AR-3588, Clesen PUD>> Your message To: legals@naplesnews.com Subject: PUDZ-2003-AR-3588, Clesen PUD Sent: Thu, 28 Apr 2005 14:53:22 -0400 was delivered to the following recipient(s): legals on Thu, 28 Apr 2005 14:49:46 -0400 1 PUDZ-2003-AR-3588. Clesen PUD Page 1 of 1 17C ~ Ann P. Jennejohn ----~-~---,...~_..........---~--~--~-~--~---~---'- From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, April 28, 2005 2:59 PM To: Ann P. Jennejohn Subject: RE: PUDZ-2003-AR-3588, Clesen PUD OK -----Original Message--m From: Ann P. Jennejohn [mailto:Ann.Jennejohn@c1erk.collierJl.us] Sent: Thursday, April 28, 2005 2:53 PM To: legals@naplesnews.com Subject: PUDZ-2003-AR-3588, Clesen PUD Good afternoon! Please KILL the Ad that was to run on May 8, 2005. This was PUDZ-2003-AR-3588, the Clesen PUD. Thank you, Ann <<Kill Letter Clesen PUD.doc>> 4/28/2005 17C ~'f/~ Patricia L. Morgan Cc: Subject: DeselemKay [KayDeselem@colliergov.net] Monday, May 02, 2005 3:58 PM Bedtelyon, Linda; Bellows, Ray; Brock, Mary; DerenceLea; Filson, Sue; hoffmaneleanor; Johnson, Connie; LeaSandra; Martin, Cecilia; Minutes and Records; Murray, Susan; phonelog; Student, Marjorie; Brad Schiffer; Donna Reed Caron; Kenneth L. Abernathy; Lindy Adelstein; Mark P. Strain; Paul Midney; Robert P. Murray; Robert Vigliotti; Russell A. Budd; KleinTamara; White, Patrick; Phillips, Sharon William L. Hoover AICP (E-mail) RE: Clesen PUD, PUDZ-2003-AR-3588--update on CCPC hearing date From: Sent: To: pf'ease rescheauf'e this petition for 6/2 CCPC (from 5/5 CcPC). 'Kf1y ([)esef'em, jUCP, Principa[Pfanner ([)ept of Zoning <fl Lana([)eveCopment 1?jview Co[[ier County government 2800:N. J{orseshoe ([)rive :J{apf'es, PL 34104 Phone: 239-213-2931 Pax:; 239-213-2916 > -----Origina[ Message----- > Prom: ([)esef'em'Kay > Sent: rrliursaay, fipri[ 28, 20052:03 PM. > %: 6eatefyon_( 6e[[ows_r; 6rocft..m; ([)erenceLea;filson_s; hoffmanef'eanor; johnson_c; LeaSanara; martin_c; Minutes ana 1?jcoras; murray_s; phoneCog; stuaenCm; CEraa Schiffer; CJ)onna 1?jea Caron; 'Kenneth L. fi6ernathy; Lincfy fiaeCstein; MarftP. Strain; pau[Mianey; 1?sJ6ert P. Murray; 1?sJ6ert o/igCiotti; 1(usseCOt CEuaa; 1\Jeinrramara; white_p > Cc: Wi[[iam L. J{oover fiICP (P.-maiO > Su6ject: Cf'esen p1J([), p1J([)Z-20OJ-fiCJ(;-3588 > > pf'ease note this petition, currentfy scheauf'ea to 6e heara 6y the CCPC on May 5 (item 8P) ana 6y the CECC on May 24 has 6een continuea. rrlie new hearings aates have not 6een deciaea. > > It seems tliat the petition may 6e re-scheduf'ea for the CCPC on June 2, 6ut the CECC aate has not yet 6een aeterminea. I wier forwara aetaiCs as I get them. > > 'lJiankyou. > > 'Kay CJ)esef'em, fiICP, Principa[Pfanner > ([)ept of Zoning <fl Lana ([)eveCopment 1?jview Co[[ier County government > 2800:N. J{orseshoe ([)rive :J{apf'es, PL 34104 > Phone: 239-213-2931 > Pa:{; 239-213-2916 > 17C .1 ki Linda A. Houtzer Cc: Subject: Dese/emKay [KayDese/em@colliergov.net] Wednesday, May 04, 2005 5:42 PM Bedte/yon, Linda; Bellows, Ray; Brock, Mary; DerenceLea; Filson, Sue; hoffmane/eanor; Johnson, Connie; LeaSandra; Martin, Cecilia; Minutes and Records; Murray, Susan; Student, Marjorie; Brad Schiffer; Donna Reed Caron; Kenneth L. Abernathy; Lindy Adelstein; Mark P. Strain; Paul Midney; Robert P. Murray; Robert Vigliotti; Russell A. Budd; KleinTamara; White, Patrick; Phillips, Sharon William L. Hoover A/CP (E-mai/) RE: Clesen PUD, PUDZ-2003-AR-3588--update on BCC hearing date From: Sent: To: Please reschedule this petition from May 24 to September 27 BCC. Kay Deselem, AICP, Principal Planner Dept of Zoning & Land Development Review Collier County Government 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-213-2931 Fax: 239-213-2916 > -----Original Message----- > From: DeselemKay > Sent: Monday, May 02, 2005 3:58 PM > To bedtelyon_l; bellows}; brock_m; DerenceLea; filson__s; hoffmaneleanor; johnson_c; LeaSandra; martin_c; Minutes and Records; murray_s; phonelog; student_m; 'Brad Schiffer'; 'Donna Reed Caron'; 'Kenneth L. Abernathy'; 'Lindy Adelstein'; 'Mark P. Strain'; 'Paul Midney'; 'Robert P. Murray'; 'Robert Vigliotti'; 'Russell A. Budd'; KleinTamara; white__p; phillips_s > Cc: 'William L. Hoover AICP (E-mail)' > Subject RE: Clesen PUD, PUDZ-2003-AR-3588--update on CCPC hearing date > > Please reschedule this petition for 6/2 CCPC (from 5/5 CCPC). > > Kay Deselem, AICP, Principal Planner > Dept of Zoning & Land Development Review Collier County Government > 2800 N. Horseshoe Drive Naples, FL 34104 > Phone: 239-213-2931 > Fax: 239-213-2916 > > -----Original Message----- > From: DeselemKay > Sent: Thursday, April 28, 2005 2:03 PM > To: bedtelyonJ; bellows_r; brock__m; DerenceLea; filson_s; hoffmaneleanor; johnsonc; LeaSandra: martin_c; Minutes and Records; murray-s; phonelog; student_m; Brad Schiffer; Donna Reed Caron; Kenneth L. Abernathy; Lindy Adelstein; Mark P. Strain; Paul Midney; Robert P Murray; Robert Vigliotti; Russell A. Budd; KleinTamara; white__p > Cc: William L. Hoover AICP (E-mail) > Subject: Clesen PUD, PUDZ-2003-AR-3588 > > Please note this petition, currently scheduled to be heard by the CCPC on May 5 (item 8F) and by the BCC on May 24 has been continued. The new hearings dates have not been decided > > It seems that the petition may be re-scheduled for the CCPC on June 2, but the BCC date has not yet been determined. I will forward details as I get them. > > Thank you. > > Kay Deselem, AICP, Principal Planner > Dept of Zoning & Land Development Review Collier County Government > 2800 N. Horseshoe Drive Naples, FL 34104 1 . ~ ' 17C ORDINANCE NO. 05 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE OR ITS SUCCESSOR, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT KNOWN AS CLESEN CPUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.332:: ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 98-10, AS AMENDED, THE FORMER CLESEN PUD; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Frank Clesen and Sons Inc., petitioned the Board of County Commissioners to , change the zoning classification of the subject real property pursuant to PUDZ-2003-AR-35S,8. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF' COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: --- The Zoning Classification of the subject real property described in Section 1.2 o'fthe PUD document attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof, located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from Commercial Planned Development (PUD) to Commercial Planned Unit Development (CPUD). The appropriate Zoning Atlas Maps, as described in Ordinance Number , 04-41, as amended, the Collier County Land Development Code, or its successor, is/are ~ereby amended accordingly. SECTION TWO: Ordinance Number 98-10, as amended, known as the Clesen CPUD, adopted on February 10, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety, and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. 1 . 17C' PASSED AND DULY ADOPTED by super-majority vote of the Board of' County Commissioners of Collier County, Florida, this _ day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: FRED W. COYLE, CHAIRMAN Patrick G. White Assistant County Attorney 2 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17C ~. ~ To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv., location, etc.) Other: ***************************************************************************7ti********;*~*;C***** Originating DepU Div: Comm.Dev.serv./Planning Person: Michael J. DeRunlz ::;,/~ . Date: 13/ r.:? S- Petition No. (If none, give brief description): CU-2004-AR-6700, Eden Florida 3L(rDq Petitioner: (Name & Address): Davidson Engineering, Inc., Kelly Smith, 2154 Trade Center Way #3, Naples, FL 34117 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)Eden Institute Foundation Inc., 13631 Learning Court, Ft. Myers, FL 33919 Hearing before BCC BZA Other Requested Hearing date:_~Based on advertisement appearing 15 days before bearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU-2004-AR-6700, Eden Institute Foundation, Inc., represented by Kelly Smith, of Davidson Engineering, Inc., requesting Conditional Use per Table 2 LDC Section 2.04.03 of the "E" Estates zoning district for a private school and group care facility. The proposed project includes a school facility for individuals with autism along with a group home which will allow for respite care, areas for outreach services, including physical therapy, speech therapy and occupational therapy, and recreational facilities for the use of the students as well as program participants. The subject property, consisting of 9.63 acres, is located at 2101 County Barn Road, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: vLtYl 'IIz-tUA- epartment Head ~-Ios- Date Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: f'. /10 . D5 Date of Public hearing: 9, l 7 . 0 S Date Advertised: q -11- 0 :5 17C RESOLUTION NO. 05 - A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF THREE CONDITIONAL USES IN THE "E" ESTATES ZONING DISTRICT FOR A GROUP HOME, PRIVATE SCHOOL AND RECREATIONAL FACILITIES TO SERVE THE RESIDENTS OF THE GROUP HOME AND PROGRAM PAR TICIP ANTS PER TABLE 2, SUBSECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of three conditional uses per Table 2 Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District for a group home, private school and recreational facilities, to serve the residents of the group home and program participants. The proposed project is located on the property hereinafter described. The Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. Page 1 of2 17C NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CU-2004-AR-6700, filed by Kelly Smith of Davidson Engineering, Inc., representing Eden Institute Foundation Inc. with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for three conditional uses per Table 2 of Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District for a group home, private school and recreational facilities to serve the residents of the group home and program participants, in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency: ~~ Marjorie M. Student Assistant County Attorney CU-2004-AR-6700, Eden FloridaIMJD/sp Page 2 of2 .,...,. " ;:.~ . 17C 'iii ,i-i FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents ofthe group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" 17C FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-6700 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for a group home, with out reach services, private school and recreational facilities to serve the residents of the group home and program participants. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: 17C LEGAL DESCRIPTION - CU-2004-AR-6700 - Eden, Florida South Yz of North Y:z of the Southeast 'l4 of the Northwest 'l4, less the West 50', Section 8, township 50 South, Range 26 East, as recorded in O.R. Book 456, Page 299, of the public records of Collier County, Florida Exhibit "B" 01 ti' _If N:t~::S ~f ~ ~ n ~?1 fll ::!.~ ~~~. ~~ tj ~tQ CI)" 0, ~ p g.. <0 Q a. ~o z.... ~< ;;am '''(II ~o ~z C") " .. t:I ~6~~ li~:oi... ~"i\)~~ !5~~t:I ~lal:!cn <.':":tQ g~~~ ~~:tj' <0 ;:!: ... 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".1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to th Please phice the following as a: xxx Normal Lega dvertisement (Display Adv., location, etc.) [] Other: ~1)L~ Person: RvI)H.I.l,:,)sf @ Date: 5-1 ,,-'05' Originating Deptl Div: Comm.Dev.Serv./Planning Petition No. (If none, give brief description): PUDZ- 2003-AR-3588, CLESEN PUD Petitioner: (Name & Address): Hoover Planning, William L. Hoover, 3785 Airport Rd. N., Suite B-1, Naples, Fl., 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Frank Cleson & Sons, Inc., 540 South Street, Elgin, IL 60123 Hearing before [] BCC [] BZA [] Other Requested Hearing date 9/27/05 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2003-AR-3588, Frank Clesen & Sons, Inc., represented by William L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current LDC PUD requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County Florida. This property consists of 4.33:1: acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? XX Yes [] No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: p,~ List Attachments: '-//1.,/00 Approved by: Date County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: S. J '8 'D:; Date of Public hearing: Cf-:J. 7. 0 5 Date Advertised: q - II -0 S 17C , ";1 ORDINANCE NO. 05 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE OR ITS SUCCESSOR, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT KNOWN AS CLESEN CPUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMA TEL Y 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33.::t ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 98-10, AS AMENDED, THE FORMER CLESEN PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William Hoover of Hoover Planning, representing Frank Clesen and Sons Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from Commercial Planned Development (PUD) to Commercial Planned Unit Development (CPUD) in accordance with the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate Zoning Atlas Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, or its successor, is/are hereby amended accordingl y. SECTION TWO: Ordinance Number 98-10, as amended, known as the Clesen CPUD, adopted on February 10, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety, and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. 1 17C .~ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to Form and e I ufficiency Patrick G. hite Assistant County Attorney 2 17C CLESEN CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CLESEN CPUD, A COMMERCIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: RICHARD J. CLESEN, PRESIDENT FRANK CLESEN & SONS, INC. 316 FLORENCE AVENUE EVANSTON, ILLINOIS 60202-3298 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL NORTH, Suite 300 NAPLES, FLORIDA 34105 JEFFREY D. DAVIDSON, PE DAVIDSON ENGINEERING, INC. 2154 TRADE CENTER WAY, SUITE 3 NAPLES, FLORIDA 34109 DATE REVISED Mav 5. 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDED ORDINANCE NUMBER/DATE #98-10 on Feb. 10. 1998 EXHIBIT "A" 17C TABLE OF CONTENTS PAGE TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS ii 1 2 4 7 13 17C LIST OF EXHIBITS EXHIBIT A EXHIBIT B CPUD MASTER PLAN SKETCH OF REAR WALL ii 17C STATEMENT OF COMPLIANCE The development of approximately 4.33 acres of property in Collier County, as a Commercial Planned Unit Development to be known as the Clesen CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Clesen CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located on the northern side of Pine Ridge Road, approximately 1000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road. This strategic location allows the site superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The subject project will have a shared access, with the adjacent tract to the west and the subject parcel will provide an access easement for both properties to the east, so that all 4 properties can utilize only a single access onto Pine Ridge Road. Such access point is a designated access point on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. 5. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 7. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 1 17C SECTION I PROPERTY OWNERSHIP AND 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 Clesen CPUD. 1.2 LEGAL DESCRIPTION The subject property, zoned Clesen PUD, being 4.33 acres, and located in Section 7, Township 49 South, and Range 26 East, is legally described as: All of Tract 92, Golden Gate Estates Unit No. 35, according to the Plat thereof, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Frank Clesen & Sons, Inc., Attention: Richard J. Clesen, President, 316 Florence Avenue, Evanston, Illinois 60202-3298. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the northern side of Pine Ridge Road approximately 1,000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road (unincorporated Collier County), Florida. B. The property is currently vacant. The entire project site currently has PUD Zoning and is proposed to be rezoned to CPUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1- 75 canal system. The project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality in accordance with the rules of South Florida Water Management District. 2 17C Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the project is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. 1.6 PROJECT DESCRIPTION The Clesen CPUD will include retail uses, office uses, or a combination thereof. Section 4.88. of the Clesen CPUD establishes guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards as described in Section 4.88. of the Clesen CPUD will be created by the developer for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers at the time of the Site Development Plan application. The Master Plan is illustrated graphically on Exhibit "A", CPUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Clesen Commercial Planned Unit Development Ordinance". 3 17C SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and 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. Regulations for development of the Clesen CPUD shall be in accordance with the contents of this document, CPUD - Commercial Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Clesen CPUD shall become part of the regulations which govern the manner in which the CPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this CPUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 17C 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 graphically by Exhibit "A", CPUD Master Plan. There shall be 3 land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". B. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 1 0.02.13E. of the Collier County Land Development Code. C. In addition to the various areas and specific items shown in Exhibit "An, easements such as (utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE Hotels and motels shall be limited to a floor area ratio of 0.60. Retail and office uses shall be limited to 40,000 square feet of gross floor area. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "An, CPUD Master Plan, constitutes the required CPUD Development Plan. Except as otherwise provided within this CPUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Section 10.02.03 Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Amendments may be made to the CPUD as provided in Section 10.02.13E. of the Land Development Code. 5 17C 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. 6 17C SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", "B", and "C" of the site as shown on Exhibit "A", CPUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the CPUD Master Plan are intended to provide commercial land uses, especially those serving travelers, and office uses. The 4.33 acre site is located on the northern side of Pine Ridge Road approximately 1000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road. It is also designated an Interstate Activity Center. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Depository Institutions [groups 6021-6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 3. Eating Places (group 5812, sit-down restaurants only). 4. Food Stores (groups 5411 including supermarkets but not convenience stores, 5421 - 5499 except no roadside sales). 5. General Merchandise Stores (groups 5311 - 5399). 6. Health Services (groups 8011 - 8049,8082). 7 17C 7. Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 8. Hotels and Motels at a maximum floor area ratio of 0.60 (group 7011). 9. Insurance Agents. Brokers, and Services (group 6411). 10. Legal Services (group 8111). 11. Miscellaneous Retail [group 5912 (Drug Stores). 5941 (Sporting Goods), 5942 (Book Stores). 5946 (Camera Stores), 5992 (Florists). 5994 (Newstands), and 5995 (Optical Goods)]. 12. Paint and Wallpaper Stores (group 5231 except glass stores). 13. Personal Services (group 7212 Dry-cleaning and laundry pickup stations only. 7215, 7217, 7219 - 7261 except crematories, 7291). 14. Professional Offices, Medical Offices. and Management Consulting Services (groups 8711 - 8748). 15. Real Estate Agents and Managers (group 6531). 16. Travel Agencies (group 4724). 17. Video Tape Rental (group 7841). C. Area "C" Permitted Principal Uses and Structures 1. All Permitted Principal Uses for Area "B" as described within this CPUD Document. 2. Auto Supply Stores (group 5531). 3. Eating Places (group 5812). D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this CPUD Document. 2. The sale of alcoholic beverages for on-premise consumption is permitted accessory to eating places (group 5812) as provided for in Section 3.3. The sale of alcoholic beverages is limited to a 8 17C maximum of 30% of the gross annual receipts for such eating places. The business owner(s) shall submit an annual report to the Collier County Planning Director on or before April 15 of each calendar year evidencing that the revenue derived from the sale of alcoholic beverages did not exceed 30% of the gross revenue of said establishment for the preceding year. This report shall be prepared by or attested to by a certified public accountant. On-site consumption of alcoholic beverages shall be subject to Section 5.05.01 of the Land Development Code. 3. Loud speakers and public address systems are prohibited for all land uses. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yard - Twenty-five (25) feet. (b) Yard Along Livingston Woods Lane - Eighty-two and one- half (82.5) feet. (c) Side Yard - Ten (10) feet. (d) Side Yard External to the CPUD - Fifteen (15) feet. (e) Rear Yard - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Section 4.02.03 of the Land Development Code in effect at time of building permit application. However, all accessory structures shall be setback a minimum of eighty-two (82.5) feet from Livingston Woods Lane. 9 17C D. Distance Between and Number of Principal Structures: Twenty (20) feet. Principal structures shall be limited to a maximum of three (3) buildings. E. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. F. Maximum Heiqht: Three (3) stories not to exceed thirty-five (35) feet. Hotels and motels constructed to a height of three (3) stories shall not have any windows or balconies on the upper story facing the north. G. Off-Street Parkinq and Loadinq Requirements: As required by Division 4.05 of the Land Development Code in effect at the time of building permit application. H. Open Space Requirements: A minimum of thirty (30) percent open space of the gross area for the entire CPUD, excluding the thirty (30) foot wide R.O.W. easement within Livingston Woods Lane, shall be devoted to open space, as described in Section 4.07.02G.3. of the Land Development Code. (1) Area "A" of the CPUD Master Plan shall contain a minimum of .55 acre of open space. (2) Area "B" of the CPUD Master shall contain a minimum of .30 acre of open space. (3) Area "C" of the CPUD Master Plan shall contain a minimum of .38 acre of open space (0.55 acre for Area "A" + 0.30 acre for Area "B" + 0.38 acre for Area "C" = 1.23 acre). I. Bufferinq Requirements: (1) A twenty (20) foot wide Type "D" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. 10 17C (2) A twenty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane, with more stringent screening than required in Section 4.06.02 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on-center and a double row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and at least one (1) row of shrubs located on the northern side of an eight (8) foot tall architecturally finished opaque masonry wall. Such wall shall have a common architectural theme with the other buildings and sign age within the CPUD as described in Section 4.8B. of this CPUD Document and be installed and maintained with a finished side out towards Livingston Wood Lane. Such trees and shrubs shall meet the requirements of Section 4.06.05 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject CPUD. Additionally, between the wall and the northern boundary of Area "B", there shall be planted at least fifteen (15) Red Maples trees, or similar species, that are at least eight (8) feet tall. (3) Buffering between Area "B" and Area "C" of the CPUD, shall be a ten (10) foot wide Type "D" Buffer along both sides of the paved roadway. (4) Irrigation and maintenance of all buffering material will be conducted in compliance with the Land Development Code as it may be in effect at the time of Site Development Plan approval. (5) Required landscaping shall be maintained per Section 4.06.05 of the Land Development Code. J. Siqns Signs shall be permitted as described in Section 5.06 of the Collier County Land Development Code except pole signs, as described in Section 5.06.04 shall not be permitted. Ground signs, as described in Section 5.06.05, shall be permitted but shall not exceed a maximum height of eight (8) feet. Sign age shall also meet the architectural standards further described in Section 4.8B. of this CPUD Document. K. Solid Waste Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. 11 17C Such masonry wall shall also meet the architectural standards further described in Section 4.8B. of this CPUD Document. L. Liqhtinq Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted within Area "C" and not exceeding a height of twelve (12) feet shall be permitted within Area "B". Lighting shall meet the architectural standards further described in Section 4.8B. of this CPUD Document. Lighting shall be designed so that glare does not extend off- site onto residential properties. M. Architectural The project shall comply with Section 5.05.08 Architectural Standards for Commercial Buildings and Projects of the Land Development Code. N. Outside Storaqe and Display There shall be no outside storage or display of merchandise. 12 17C SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the CPUD 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 follow the CPUD Master Plan and the regulations of this CPUD 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 shall be subject to any commitments within this agreement. 4.3 CPUD MASTER PLAN A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.13E. of the Collier County Land Development Code, 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. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT 13 17C A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 1 0.02.13F. of the Collier County Land Development Code. 4.5 ENGINEERING A. Except as otherwise provided within this CPUD Document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. If the property is subdivided into three (3) or more parcels, a plat shall be required. C. Prior to Final Site Development Plan approval, the developer shall provide survey evidence of a positive connection to the 1-75 Canal, including culvert locations, sizes, and slopes of swales. D. The petitioner shall be responsible for identifying and confirming the routing and capacity of storm water drainage outfall. E. Maximum allowable stormwater discharge rates to be per Ordinance 90- 10, as amended. 4.6 UTILITIES A. Water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, 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. This project shall be serviced with a central sewer system. 4.7 TRAFFIC 14 17C A. The internal roadway design shall prohibit traffic from the commercial zone onto Livingston Wood Lane. B. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department Of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). C. Arterial level street lighting shall be provided at all access pints. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the CPUD Master P~an are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a CPUD Amendment is processed. E. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. F. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended. G. All work within Collier County rights-of-way or public easements shall require a Right-of-Way Permit. H. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, 15 17C safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. I. Nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither will 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 developer, its successor in title, or assignee. K. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. 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. M. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. N. The County will require adjacent developments to provide shared access or interconnections with this development. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. The County will support the reduction of the FDOT limited access area in front of the adjacent property to the west in order for this development to share access onto Pine Ridge Road with said property. The width of the shared access road shall be entirely on the adjacent property owner's property and shall not exceed forty feet. 4.8 PLANNING A. Pursuant to Section 2.03.07E. 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. 16 17C .....,. B. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with Section 5.05.08 Architectural Standards for Commercial Buildings and Projects of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors except for decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 4.9 ENVIRONMENTAL A. An appropriate portion of native vegetation shall be retained on-site as required in Section 3.05.07 of the Land Development Code. B. An exotic vegetation, removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Environmental Review Staff for review and approval prior to Final Site Development Plan/construction plan approval. 17 --".__...,.._._~-_._".._--- 17C August 10, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2003-AR-3588, CLESEN PUD Dear Legals: Please advertise the above referenced notice on Sunday, September 11,2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O.!Account # 113-138312-649110 17C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 27, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE OR ITS SUCCESSOR, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT KNOWN AS CLESEN CPUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33 +/- ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 98- 10, AS AMENDED, THE FORMER CLESEN PUD; AND BY PROVIDING FOR AN EFFECTIVE DATE. PUDZ-2003-AR-3588, Frank C1esen & Sons, Inc., represented by william L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current LDC PUD requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. This property consists of 4.33 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. 17C ."" Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN DWIGHT E. BROCK, CLERK By: Linda A. Houtzer, Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts 'Gounfu-of-Ctlllier . .......:~ "J ,_....~ \ CLERK OF THB GlRCQIT COURT COLLIER COUNTY CpURTItO. USE 3301 TAMIAMI T~IL EA~T . P.O. BOX 4~~044\ NAPLES, FLORIDA ~$,101-3d44 it I \\~ I '.-'~.:~::'.~c.; I , ( :)_~:r /" 17C Clerk of Courts Accountant Auditor Custodian of County Funds September 1, 2005 Frank Clesen & Sons, Inc. 540 South Street Elgin, IL 60123 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-3588, CLESEN pun Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday September 27, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11,2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK #ttdaJo~. ~ Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us Dwight E. Brock Clerk of Courts 'Go~:Iity-of-GtYl.1ier ~ ~~...... I. CLERK OF THE GtRCUIT COURT COLLIER. COUNTY t' URiI\OUSE 3301 TAMIAMI T IL E~T . P.O. BOX 4 aU44\, NAPLES, FLORIDA ~j 101-3044 '... I ~. if' I -~'t.'j I ~'7;i;:' I ", ( 0-; 17C Clerk of Courts Accountant Auditor Custodian of County Funds August 10, 2005 William L. Hoover Hoover Planning 3785 Airport Road N. Suite B-1 Naples, Florida 34105 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-3588, CLESEN PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~~.~ Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.fl.us "",.__,_~_e"__',"'~"'__~_~'_____'_'~'~"-"" Linda A. Houtzer 17C From: Sent: To: Subject: Attachments: Good Morning, Linda A. Houtzer Thursday, August 11, 2005 11 :38 AM legals@naplesnews.com PUDZ-2003-AR-3588, Clesen PUD PUDZ -2003-AR-3588. doc; PUDZ-2003-AR-3588. doc Please adveltise the attached notice on Sunday, September 11, 2005. PUDZ -2003-AR-358 PUDZ -2003-AR- 358 8.doc (30 KB) 8.doc (31 KB) If you have any questions, please call me at 774-8411. Thank you, Linda Minutes and Records 1 Linda A. Houtzer 17C From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com) Thursday, August 11, 2005 11 :36 AM Linda A. Houtzer Delivered: PUDZ-2003-AR-3588, Giesen PUD Attachments: PUDZ-2003-AR-3588, Giesen PUD rA. L:..J PUDZ -2003-AR- 358 8, C1esen PUD <<PUDZ-2003-AR-3588, Clesen PUD>> Your message To: legals@naplesnews.com Subject: PUDZ-2003-AR-3588, Clesen PUD Sent: Thu, 11 Aug 2005 11 :37:51 -0400 was delivered to the following recipient(s): legals on Thu, 11 Aug 2005 11 :35:49 -0400 1 Linda A. Houtzer 17C >It From: Sent: To: Subject: GlerkPostmaster Thursday, August 11, 200511:38AM Linda A. Houtzer Delivery Status Notification (Relay) Attachments: A TT2832900.txt; PUDZ-2003-AR-3588, GIesen PUD ~ l;:.J r::-7l. .. L::.J ATT2832900.txt PUDZ-2003-AR-358 (229 B) 8, C1esen PUD This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 PUDZ-2003-AR-3588. Clesen PUD Page 1 of 1 Linda A. Houtzer 17C From: Sent: To: Perrell, Pamela [paperrell@naplesnews.com] Thursday, August 11,2005 11 :55 AM Linda A. Houtzer Subject: RE: PUDZ-2003-AR-3588, Clesen PUD OK -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Thursday, August 11, 2005 11:38 AM To: legals@naplesnews.com Subject: PUDZ-2003-AR-3588, Clesen PUD Good Mornillg. Please advertise the attached notice on 5hmday, September 11, 200S. <<PUDZ-2003-AR-3588.doc>> <<PUDZ-2003-AR-3588. doc>> [{VOlt have any questions. please call me at 774-84/ /. Tltank YOll, Linda Minute.)' and Records 8/11/2005 Naples Daily News Naples, FL 34102 17C ... Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59088570 113138312649110 PUDZ-2003-AR-3588NOT PUOz.2003-AR.3588 NOTICE OF INTENT TO CONSlOEft ORDINANCE State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 09/11 AD SPACE: 178.000 INCH FILED ON: 09/12/05 J --------------------------------------------------A---------------------~h_,~-~.r~ /".//, ..... A ~. L~ ! V i-/e::l!lo6+ e68Je6Jeo' Signature of Affiant ~ ~ A:- 6puee~I5uPfoO\.le^f Sworn to and Subscribed ~before me this ~day of ~L,-/- 20,C>S ~ri:~nS:~' Personally known by me /;t,/)A<...rff d """7 1_'118 . ".",." MeN IMIA&lc 01. 3SnOH ,\\\~~H/';I~ '. /p:~;oA'!~%:'~. Harnett Bushong '~:,,"~>f MY COMMiSSiON #, DD1'4689 EXPIRE~ 7/o>,_?o" ._' .. . Jldy 2." 2007 .f .0( ~,_o", HV~r:EC! rW!,l rPl)'J i--\I;, . 17C III ~~ "i ORDINANCE NO. 05 - 48 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE OR ITS SUCCESSOR, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA nONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT KNOWN AS CLESEN CPUD, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD, APPROXIMATELY 1,000 FEET EAST OF THE WHIPPOORWILL LANE AND PINE RIDGE ROAD INTERSECTION, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.33::t ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 98-10, AS AMENDED, THE FORMER CLESEN PUD; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Frank Clesen and Sons Inc., petitioned the Board of County Commissioners to , change the zoning classification of the subject real property pursuant to PUDZ-2003-AR-358,8. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF; COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: The Zoning Classification of the subject real property described in Section 1.2 of the PUD document attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof, located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from Commercial Planned Development (PUD) to Commercial Planned Unit Development (CPUD). The appropriate Zoning Atlas Maps, as described in Ordinance Number , 04-41, as amended, the Collier County Land Development Code, or its successor, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 98-10, as amended, known as the Clesen CPUD, adopted on February 10, 1998 by the Board of County Commissioners of Collier County, is hereby repe'illed in its entirety, and replaced with these regulations. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. 1 . 17C ".y , .~ PASSED AND DULY ADOPTED by su~ajority -;vote of the Board of' County Commissioners of Collier County, Florida, this .J 7 (lay of l ') ~ j?/ t/ 171 ~., f, 2005. / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA lerk BY: '1w- w. ~ FRED W. COYLE, CRA Patrick G. White Assistant County Attorney 2 17C~ CLESEN CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CLESEN CPUD, A COMMERCIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: RICHARD J. CLESEN, PRESIDENT FRANK CLESEN & SONS, INC. 316 FLORENCE AVENUE EVANSTON, ILLINOIS 60202-3298 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 RICHARD D. YOV ANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 T AMIAMI TRAIL NORTH, Suite 300 NAPLES, FLORIDA 34105 JEFFREY D. DAVIDSON, PE DAVIDSON ENGINEERING, INC. 2154 TRADE CENTER WAY, SUITE 3 NAPLES, FLORIDA 34109 DATE REVISED Mav 5. 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDED ORDINANCE NUMBER/DATE #98-10 on Feb. 10. 1998 EXHIBIT "A" 17C TABLE OF CONTENTS PAGE TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS ii 1 2 4 7 13 17C ,~ .' " LIST OF EXHIBITS EXHIBIT A CPUD MASTER PLAN EXHIBIT B SKETCH OF REAR WALL ii 17 C .~ STATEMENT OF COMPLIANCE The development of approximately 4.33 acres of property in Collier County, as a Commercial Planned Unit Development to be known as the Clesen CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Clesen CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located on the northern side of Pine Ridge Road, approximately 1000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road. This strategic location allows the site superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The subject project will have a shared access, with the adjacent tract to the west and the subject parcel will provide an access easement for both properties to the east, so that all 4 properties can utilize only a single access onto Pine Ridge Road. Such access point is a designated access point on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. 5. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 6. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 7. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 1 17C SECTION I PROPERTY OWNERSHIP AND 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 Clesen CPUD. 1.2 LEGAL DESCRIPTION The subject property, zoned Clesen PUD, being 4.33 acres, and located in Section 7, Township 49 South, and Range 26 East, is legally described as: All of Tract 92, Golden Gate Estates Unit No. 35, according to the Plat thereof, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Frank Clesen & Sons, Inc., Attention: Richard J. Clesen, President, 316 Florence Avenue, Evanston, Illinois 60202-3298. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the northern side of Pine Ridge Road approximately 1,000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road (unincorporated Collier County), Florida. B. The property is currently vacant. The entire project site currently has PUD Zoning and is proposed to be rezoned to CPUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1- 75 canal system. The project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality in accordance with the rules of South Florida Water Management District. 2 17C . , Elevations of the property range from 11.5 feet NGVD to 12.0 feet NGVD, with an average existing grade of 11.7 feet NGVD. The site is within Flood Zone "X" per Flood Insurance Rate Map (FIRM Panel#120067 0425 D). The soil type of the project is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The site has been previously farmed and is classified as Fallow Crop Land according to FLUCCS. 1.6 PROJECT DESCRIPTION The Clesen CPUD will include retail uses, office uses, or a combination thereof. Section 4.8B. of the Clesen CPUD establishes guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards as described in Section 4.8B. of the Clesen CPUD will be created by the developer for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers at the time of the Site Development Plan application. The Master Plan is illustrated graphically on Exhibit "A", CPUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Clesen Commercial Planned Unit Development Ordinance". 3 17 C ~ SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and 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. Regulations for development of the Clesen CPUD shall be in accordance with the contents of this document, CPUD - Commercial Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Clesen CPUD shall become part of the regulations which govern the manner in which the CPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this CPUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 1'7 C 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 graphically by Exhibit "A", CPUD Master Plan. There shall be 3 land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". B. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 1 0.02.13E. of the Collier County Land Development Code. C. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE Hotels and motels shall be limited to a floor area ratio of 0.60. Retail and office uses shall be limited to 40,000 square feet of gross floor area. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan. Except as otherwise provided within this CPUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Section 10.02.03 Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Amendments may be made to the CPUD as provided in Section 10.02.13E. of the Land Development Code. 5 17C .. 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. 6 17C I SECTION 11/ COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Areas "A", liB", and "C" of the site as shown on Exhibit "A", CPUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the CPUD Master Plan are intended to provide commercial land uses, especially those serving travelers, and office uses. The 4.33 acre site is located on the northern side of Pine Ridge Road approximately 1000 feet east of the intersection between Whippoorwill Lane and Pine Ridge Road. It is also designated an Interstate Activity Center. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open Space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: 1. Apparel and Accessory stores (groups 5611 - 5699). 2. Depository Institutions [groups 6021-6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 3. Eating Places (group 5812, sit-down restaurants only). 4. Food Stores (groups 5411 including supermarkets but not convenience stores, 5421 - 5499 except no roadside sales). 5. General Merchandise Stores (groups 5311 - 5399). 6. Health Services (groups 8011 - 8049,8082). 7 17C 7. Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). 8. Hotels and Motels at a maximum floor area ratio of 0.60 (group 7011 ). 9. Insurance Agents, Brokers, and Services (group 6411). 10. Legal Services (group 8111). 11. Miscellaneous Retail [group 5912 (Drug Stores), 5941 (Sporting Goods), 5942 (Book Stores), 5946 (Camera Stores), 5992 (Florists), 5994 (Newstands), and 5995 (Optical Goods)]. 12. Paint and Wallpaper Stores (group 5231 except glass stores). 13. Personal Services (group 7212 Dry-cleaning and laundry pickup stations only, 7215, 7217, 7219 - 7261 except crematories, 7291). 14. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711 - 8748). 15. Real Estate Agents and Managers (group 6531). 16. Travel Agencies (group 4724). 17. Video Tape Rental (group 7841). C. Area "C" Permitted Principal Uses and Structures 1. All Permitted Principal Uses for Area liB" as described within this CPUD Document. 2. Auto Supply Stores (group 5531). 3. Eating Places (group 5812). D. Accessory Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this CPUD Document. 2. The sale of alcoholic beverages for on-premise consumption is permitted accessory to eating places (group 5812) as provided for in Section 3.3. The sale of alcoholic beverages is limited to a 8 17C . ,,'-, maximum of 30% of the gross annual receipts for such eating places. The business owner(s) shall submit an annual report to the Collier County Planning Director on or before April 15 of each calendar year evidencing that the revenue derived from the sale of alcoholic beverages did not exceed 30% of the gross revenue of said establishment for the preceding year. This report shall be prepared by or attested to by a certified public accountant. On-site consumption of alcoholic beverages shall be subject to Section 5.05.01 of the Land Development Code. 3. Loud speakers and public address systems are prohibited for all land uses. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: Seventy-five (75) feet. C. Minimum Yards: (1) Principal structures: (a) Front Yard - Twenty-five (25) feet. (b) Yard Along Livingston Woods Lane - Eighty-two and one- half (82.5) feet. (c) Side Yard - Ten (10) feet. (d) Side Yard External to the CPUD - Fifteen (15) feet. (e) Rear Yard - Fifteen (15) feet. (2) Accessory Structures: Setbacks shall be as required by Section 4.02.03 of the Land Development Code in effect at time of building permit application. However, all accessory structures shall be setback a minimum of eighty-two (82.5) feet from Livingston Woods Lane. 9 17 C D. Distance Between and Number of Principal Structures: Twenty (20) feet. Principal structures shall be limited to a maximum of three (3) buildings. E. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. F. Maximum Heiqht: Three (3) stories not to exceed thirty-five (35) feet. Hotels and motels constructed to a height of three (3) stories shall not have any windows or balconies on the upper story facing the north. G. Off-Street Parkinq and Loadinq Requirements: As required by Division 4.05 of the Land Development Code in effect at the time of building permit application. H. Open Space Requirements: A minimum of thirty (30) percent open space of the gross area for the entire CPUD, excluding the thirty (30) foot wide R.O.W. easement within Livingston Woods Lane, shall be devoted to open space, as described in Section 4.07.02G.3. of the Land Development Code. (1) Area "A" of the CPUD Master Plan shall contain a minimum of .55 acre of open space. (2) Area liB" of the CPUD Master shall contain a minimum of .30 acre of open space. (3) Area "C" of the CPUD Master Plan shall contain a minimum of .38 acre of open space (0.55 acre for Area "A" + 0.30 acre for Area "B" + 0.38 acre for Area "C" = 1.23 acre). I. Bufferinq Requirements: (1) A twenty (20) foot wide Type "D" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. 10 17 C (2) A twenty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane, with more stringent screening than required in Section 4.06.02 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on-center and a double row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and at least one (1) row of shrubs located on the northern side of an eight (8) foot tall architecturally finished opaque masonry wall. Such wall shall have a common architectural theme with the other buildings and signage within the CPUD as described in Section 4.8B. of this CPUD Document and be installed and maintained with a finished side out towards Livingston Wood Lane. Such trees and shrubs shall meet the requirements of Section 4.06.05 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject CPUD. Additionally, between the wall and the northern boundary of Area "B", there shall be planted at least fifteen (15) Red Maples trees, or similar species, that are at least eight (8) feet tall. (3) Buffering between Area liB" and Area "C" of the CPUD, shall be a ten (10) foot wide Type "D" Buffer along both sides of the paved roadway. (4) Irrigation and maintenance of all buffering material will be conducted in compliance with the Land Development Code as it may be in effect at the time of Site Development Plan approval. (5) Required landscaping shall be maintained per Section 4.06.05 of the Land Development Code. J. Siqns Signs shall be permitted as described in Section 5.06 of the Collier County Land Development Code except pole signs, as described in Section 5.06.04 shall not be permitted. Ground signs, as described in Section 5.06.05, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.8B. of this CPUD Document. K. Solid Waste Trash receptacles shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.8B. of this CPUD Document. 11 """~_...-..-...__..."..,._~-'""----.<"--"'--~.--- '- 17 C L. Liqhtino Pole lighting shall be prohibited. Architecturally finished lampposts not exceeding a height of twenty (20) feet shall be permitted within Area "C" and not exceeding a height of twelve (12) feet shall be permitted within Area "B". Lighting shall meet the architectural standards further described in Section 4.8B. of this CPUD Document. Lighting shall be designed so that glare does not extend off- site onto residential properties. M. Architectural The project shall comply with Section 5.05.08 Architectural Standards for Commercial Buildings and Projects of the Land Development Code. N. Outside Storaoe and Display There shall be no outside storage or display of merchandise. 12 17 C I , SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the CPUD 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 follow the CPUD Master Plan and the regulations of this CPUD 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 shall be subject to any commitments within this agreement. 4.3 CPUD MASTER PLAN A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.13E. of the Collier County Land Development Code, 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. 13 17C . 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in several phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 1 0.02.13F. of the Collier County Land Development Code. 4.5 ENGINEERING A. Except as otherwise provided within this CPUD Document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. If the property is subdivided into three (3) or more parcels, a plat shall be required. C. Prior to Final Site Development Plan approval, the developer shall provide survey evidence of a positive connection to the 1-75 Canal, including culvert locations, sizes, and slopes of swales. D. The petitioner shall be responsible for identifying and confirming the routing and capacity of storm water drainage outfall. E. Maximum allowable stormwater discharge rates to be per Ordinance 90- 10, as amended. 4.6 UTILITIES A. Water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, 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. This project shall be serviced with a central sewer system. 14 17C 4.7 TRAFFIC A. The internal roadway design shall prohibit traffic from the commercial zone onto Livingston Wood Lane. B. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department Of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). C. Arterial level street lighting shall be provided at all access pints. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a CPUD Amendment is processed. E. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. F. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended. G. All work within Collier County rights-of-way or public easements shall require a Right-of-Way Permit. H. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the 15 17 C time of approval of this CPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. I. Nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither will 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 developer, its successor in title, or assignee. K. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. 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. M. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. N. The County will require adjacent developments to provide shared access or interconnections with this development. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. The County will support the reduction of the FDOT limited access area in front of the adjacent property to the west in order for this development to share access onto Pine Ridge Road with said property. The width of the shared access road shall be entirely on the adjacent property owner's property and shall not exceed forty feet. 4.8 PLANNING A. Pursuant to Section 2.03.07E. 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. 16 17 C B. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with Section 5.05.08 Architectural Standards for Commercial Buildings and Projects of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors except for decorative trim. All roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 4.9 ENVIRONMENTAL A. An appropriate portion of native vegetation shall be retained on-site as required in Section 3.05.07 of the Land Development Code. B. 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I :::.: ~ ~ ~ ~ ~ ~ ~ ::;;;: c:::, ~ e,:,:g g "" ~~~ r ~ ~ ~ ~i ~~'" I~ ",~a :i ~:.~ II ~cb~ ~~ ~ ~ ~ ~~ e: d ~ ~ti ~gc;;-- ~.t ~i & ~~ !=:::a .. ~~ ~ ~ ~ .~~ :5 t=; if ~,g Z '" W f- (J) W i ,;: ~~ f- (J) ~~ w (J}CD w II (J) ::J -' < II 0 '" ww ::f(J) ::f::J 00 UI 3: 1':1 0 u.. Ou.. ex:: ::J< tl.~ 0 0 Z <( ::i 0 '" ex:: w I f- W ::J (J) C) " 0 Z ex:: '" j~ '" W " '" '" CD ~! ~~ ~S il --.----------$---- ..... zo~ Q<:) 5~9 ~gt5~ ozQo:: 0..00:::........... ~~~T w-~ zo.r z '" 00- ol--~ ==>==:llI==e:=:::::I 17 C Exhibit ~~B" SKETCH OF REAR W ALL ~ '.,,,, . " i .t.. ~ .. ,~.". ," ; ,.~iatt ,~d>....-- .~4:.J ..,' . " - . . ''''l'J''OIL'!- 1,\, ~ '&:4. ; .~, ~ """i. '. ...' ...t.o ....~.'r- "':4~'. ...... ~ "1," ~~ ---;;T.': ... ~r_"'~"'fo~\~)":i:. >>. .: :JJ.i"'~"" ~~....t'.,J~....:..~.t.;~. .;..iIL .,;)-~:J,~ ~ .,. t,." ,oJ-..... ....~~1' . l .'IWoi' ...... ". ~.. -....;; . .-' · - ... . ~:~:-.t.. ~ <;"~~ .~)- ... (,"oW' . ~ . J i.! ~J. 'Ct,.';' ::t:~>~, . . . ..... ,.. _ ."7""'" , ,l..~ .1: ..... .. . .... -C:: .' .. ....(. ~" ,- -~ ,." ,....- '" i .' 'r :' ' -- "...... .,.._,,"'" ~l' . ~-} i i ~ . """...,-' -' : ....... .~",.. ~.t\;\ '''-. "'. ..~....> .' ............ .~. t;....._ .... ... '. ......,.. 17 C STATE OF FLORIDA) COUNTY OF COLLIER) 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 and correct copy of: ORDINANCE 2005-48 Which was adopted by the Board of County Commissioners on the 27th day of September 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of September, 2005. ...... ,1 -.: :J I' DWIGHT E. BROCK,<,"-.:,','!' /r.. Clerk of Court$'" apd clerk . . , . ,) Ex-officio to,.',BQ~rd'~of :.~ . ':, ~o nty CO~i '.toBer.s .'. ".::;; .~., ',"", }.,". !'.. . . J.." 6~ ~ ,'. '. ., <... ~. ~ ,-'j "", . '..... ';{1 ......... . . ,.'J oJ' t. \" . .,.... ., { .'-. '. - By: Michelle Morales, Deputy Clerk