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Agenda 03/27/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA March 27, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, 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. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 8 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. February 27,2007 - BCC/Regular Meeting C. March 6, 2007 - BCC/Strategic Planning Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Mark Burtchin, Transportation/ROW 2. Robert Wiley, CDES 3. Maria Sillery, Alternate Transportation Modes 4. Judith Scribner, Emergency Management 5. John Poczynski, EMS B. 30 Year Attendees 1. Jan Bennett, University Extension 4. PROCLAMATIONS A. Proclamation to honor the North Naples Fire Control and Rescue District for stepping up to the plate to help meet the housing needs of its employees. To be accepted by Chief Michael Brown, North Naples Fire Control and Rescue District. B. Proclamation to honor and recognize the contributions Patricia McKay helped visualize and commemorate her as a person who truly cared about the people and the environment in which she lived. To be accepted by Mr. Dennis McKay. C. Proclamation to designate March 25 to April 1 , 2007 Philharmonic Center for the Arts Week and March 31, 2007 to be declared Myra Janco Daniels Day. The Naples Philharmonic Orchestra is celebrating its Silver Jubilee, with a star-studded anniversary gala honoring its CEO and the Founder of the Philharmonic Center for the Arts, Myra Janco Daniels. To be read by Commissioner Frank Halas and accepted by Ms. Myra Janco Daniels. 5. PRESENTATIONS A. Presentation by John Carlo on status of widening Rattlesnake Hammock Road. B. Recommendation to recognize Roger Jervis, Ivette Monroig, Judy Puig, Mike Levy, & Connie Whiteway as Collier Countys Outstanding Team for Winter 2007. 6. PUBLIC PETITIONS A. Public Petition request by Dominic Chuirco and Marilyn Toohey to discuss sound barrier for Berkshire Village along Santa Barbara Boulevard. B. Public Petition request by Ronald Talerico to discuss permit to fill water drainage area. C. Public Petition request by David Crowther to discuss reduction of composting material going into the landfill. Page 2 of 8 Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VK Holdings Treviso Bay Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a Mixed Use Project in the Bayshore Drive District Overlay, proposing 2 residential units and 19,607 square feet of commercial floor area to be known as The Odyssey - Treviso Bay Marina. The subject property, consisting of 1.59 acres, is located at 3470 Bayshore Drive on the west side of Bayshore between Lakeview & Riverview Drive, in Section 14, Township 50, Range 25, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Pelican Bay Services Division Board. B. For the Board of County Commissioners to request that County Manager Jim Mudd have EMS Director Jeff Page's letter to North Naples Fire Chief Michael Brown, dated October 16, 2006, officially retracted. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 3:00 p.m. Request the Board of County Commissioners to reaffirm the staff actions taken in association with the Advanced Life Support Agreements. B. Recommendation to approve the approach to the Willow West Stormwater Improvement Project located in the Willoughby Acres Area, County Project No. 510076. (Norman Feder, Administrator, Transportation Services) C. This item to be heard at 11 :00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55. (Mike Sheffield, Assistant to the County Manager) D. To be heard immediately following Item 14B. Recommendation for the Collier County Board of County Commissioners (BCC) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. (David L. Jackson, Executive Director, Bayshore/Gateway CRA) (Companion Item to 14B) E. Recommendation to: (1) Approve a Change Order to continue Phase II of Work Order # UC- 250 under Contract # 043535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. in the amount of $848,020.00 for construction of fire and irrigation water system improvements within the Strand Community in Pelican Bay, Project Number 74023, and (2) Approve a Budget Amendment of $1,181,157.00 for this project. (Jim DeLony, Administrator, Public Utilities) F. Recommendation to approve the filing of an action for declaratory relief against the Clerk of Courts for a judicial determination as to whether the Clerk of Courts is a fee officer or a budget officer. Page 3 of 8 G. Recommendation to approve an amendment to the October 14, 2003 companion agreement to the Sabal Bay Developer Agreement providing for reimbursement of construction and land costs for a portion of the Lely Area Stormwater Improvement Project (Project No. 511011) (Norman Feder, Administrator, Transportation Services) H. Recommendation to approve the purchase of Property Insurance for the period April 1, 2007 through March 30, 2008 in the amount of $4,596,397. (Len Price, Administrator, Administrative Services) I. Recommend Board approval to upgrade the 800 MHz Radio system at a cost of $4.8 million and to finance the upgrade with a loan from the Commercial Paper Loan Program. (Len Price, Administrator, Administrative Services) J. Recommendation that the Board of County Commissioners Award contract # 06-3962 to Municipal Software Corporation for the replacement of the existing Community Development and Environmental Services computer system. [$1.99 million] (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 11 :30 a.m. The executive summary is seeking to have the BCC, acting in the capacity of the CRA; to review and approve the 2006 Annual Reports of the CRA required by 163.356(3)(c), Florida Statutes, direct the County Manager or his designee to file the Annual Report with the County Clerk and publish notice of the filling, and to modify the CRA Bylaws, which require an annual meeting be held in January, to require the annual meeting to be held in March to align with the Florida Statute fiscal annual report March requirement. B. Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore/Gateway CRA) (Companion item to 10D) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 4 of 8 -----------------------------------------------------------------------------------..-----..-----....---..-------------------------.-.----------.-. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. --.-..----..------...----..-----..-..----.--....-...-....-..---------...---------..-----..--------.---...--...-----.--.-..---....---....----------...----.-.--- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 2. Recommendation to approve a modification to Resolution 2004-04 and Commercial Excavation Permit No. 59.648 "Winchester Lake Commercial Excavation, located in Section 16, Township 48 South, Range 28 East to allow for increased excavation to a depth of 30 ft 3. Recommendation to approve the Release and Satisfaction of Lien for payments received for the following Code Enforcement actions 4. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Robert Chipman and Victor George 5. Recommendation to adopt a Resolution opposing enactment into law proposed Florida Senate Bill 1772 (Companion to proposed Florida House Bill 855) relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. 6. Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 529 relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant, renew, or extend any cable television franchise. B. TRANSPORTATION SERVICES 1. Recommendation to approve the purchase of 5.15 acres of unimproved property (Parcel No. 206) which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $569,784.50) 2. Recommendation to approve an Access License between Collier County and South Florida Water Management District to allow access across County-owned property at no annual cost. 3. Recommendation to approve an Access Easement Agreement (AEA) between Morande Enterprises, Inc. (Morande) and Collier County to provide for shared access and interconnection for properties located between Davis Boulevard and Radio Road. 4. Recommendation to approve the purchase of improved property (Parcel No. 130) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $567,450) 5. Recommendation to approve the Amended and Restated Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Company. 6. Recommendation to approve Work Order #QE-FT-3773-07-01 for a construction project to Quality Enterprises USA, Inc. for Radio Road (C.R. 856) Intersection Improvements at Livingston Road (C.R. 881), using the Annual Contract for Roadway Contractors, Contract No. 05-3773, Project No. 60016, in the amount of $328,044.13 Page 5 of 8 C. PUBLIC UTILITIES 1. 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 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 2. 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 $90.00 to record the Satisfactions of Lien. 3. 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. Fiscal impact is $200.00 to record the Satisfactions of Lien. 4. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $127.00 to record the Satisfactions of Lien. 5. Recommendation to award Bid Number 07-4114 Henderson Creek Subdivision Water Distribution Improvements in the amount of $775,081.65 to Kyle Construction Incorporated, to complete the rehabilitation of the water distribution system to service the Henderson Creek Subdivision, Project 710101. 6. Recommendation to award annual contracts to selected firms for trench less sewer system rehabilitation contracting services per bid 07-4088, project 73050. 7. Recommendation to approve execution of a Proposal to Provide Utility Consulting Services, not to exceed $9,500, to assist the Collier County Water-Sewer District (the District) and the Florida Governmental Utility Authority (FGUA) in the establishment of wastewater service rates to provide bulk service to Golden Gate City (the City) as served by FGUA, and to develop wastewater impact fees for providing long term bulk service to the City. D. PUBLIC SERVICES 1. Recommendation to award bid #07-4076 to Cheney Brothers and Vistar Specialty Markets/Roma Foods for concession food resale and paper products at North Collier Regional Park at an estimated cost of $145,000 for FY 07. 2. Recommendation to approve master agreements relating to grants awarded to the Services for Seniors programs and authorize the chairman to sign the master agreements between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. 3. Recommendation to approve a Grant Application and Certification of Application by the Board of County Commissioners, and the signature of the Chairman, permitting the Collier County Public Library to apply for a State Construction Grant in the amount of $500,000 for the Marco Island Rose Hall. 4. Recommendation that the Board of County Commissioners not renew concession agreement #96-2611 with Fish Finders, Inc. d.b.a. Cocohatchee River Marina Inc. and authorize the creation of 2.8 Full Time Equivalent (FTE) positions to establish marina operations at Cocohatchee River Marina and approve necessary budget amendments. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve the Collier County Group Health and Flexible Reimbursement Insurance Plan Documents effective January 1, 2007. Page 6 of 8 2. Recommendation that staff be directed to develop an amendment to Ordinance 2003-39 for the purpose of changing all references to funding traffic education to driver education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a students time be behind- the-wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the Dori Slosberg Driver Education Safety Act. 3. Recommendation to approve an Agreement for Sale and Purchase with Bernard Oetting and Gabriela Oetting for 2.28 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $51,500. F. COUNTY MANAGER 1. Recommendation to approve two after-the-fact letters of endorsement to the East Naples Fire Control and Rescue District for Emergency Medical Services Matching Grant Applications being submitted to the Florida Department of Health 2. Recommendation to approve a memorandum of Understanding between the Ochopee Fire Control District and the National Park Service, Big Cypress National Preserve 3. Recommendation to reject Bid # 07-4108 for the purchase of Emergency Medical Services Uniforms. 4. Recommendation to approve the submittal of a grant application to the Community Foundation to fund the attendance of staff to a Conference in the amount of $1,700. 5. Recommend Approval of Resolution to allow the Tourism Department to accept donations of meeting rooms from local tourism attractions, hotels and other group function venues. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attended the VIP Key Private Bank Sponsor Reception at Alico Arena on March 23, 2007. $25.00 to be paid from Commissioner Halas' travel budget. 2. Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attended the Veteran Services Department luncheon, honoring volunteer drivers on March 7, 2007 at the Elks Lodge on Radio Road. $16.00 to be paid from Commissioner Halas' travel budget. 3. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the EDC Excellence in Industry 2007 VIP Kickoff Celebration on March 26, 2007 and is requesting reimbursement in the amount of $19.95, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of March 03, 2007 to March 09, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of March 10, 2007 through March 16, 2007 and for submission into the official records of the board. Page 7 of 8 3. Request that the Board of County Commissioners authorize a public notice to be published of one public hearing regarding Sheriff Hunter's recommended Ordinance to establish policy regarding physical separation at emergency shelters between potential sex crime victims and sexual predators and sexual offenders, and to place this recommended ordinance on the Board's summary agenda. K. COUNTY ATTORNEY 1. Recommendation to Approve a Stipulated Final Judgment as to Parcel 116 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et ai, Case No. 06-0567- CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $27,600) 2. Request to Replace or Amend Collier County Ordinance No. 81-42, as Amended, the Local Occupational License Tax Ordinance, to Change the Phrase Local Occupational License Tax to Local Business Tax and to Revise the Term License to Receipt as it Relates to Local Business Taxes. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants to be sworn in and ex parte disclosure provided by Commission members. Recommendation to approve Petition AVESMT-2006-AR-10745 to disclaim, renounce and vacate the Countys and the Publics interest in a portion of the fifteen foot wide utility easements B & C as recorded in and created by Official Records Book 1648, pages 1502-1506 and lying over Parcel 1 & 2, according to a plat of Berkshire Commons Parcels 1, 2 & 3, filed in Plat Book 38, Page 30 and 31 of the Public Records of Collier County, Florida, said vacation area being more particularly described in Exhibit A. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-2007-AR-11284: An ordinance to correct a scrivener's error in Ordinance Number 02-55, for the Baldridge PUD, to correct the omission of Standard Industrial Code (SIC) 6021 for commercial banks located in Section 18, Township 49 South, Range 26 East. C. This item was continued from the February 27,2007 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7820 Habitat for Humanity of Collier County, represented by Laura Spurgeon, of Johnson Engineering, is requesting a rezone from the Agricultural - Mobile Home Overlay (A-MHO) zoning district to the Residential Planned Unit Development (RPUD) zoning district to consist of an affordable housing residential neighborhood of 400 single-family, zero lot line, two-family, or multi-family dwelling units in a project to be known as the Kaicasa RPUD. The subject property, consisting of 100 acres, is located along the north side of State Road 29, east of Village Oaks Elementary School, and is approximately 2 miles east of the intersection of State Road 29 and County Road 846. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 8 of 8 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 27. 2007 Withdraw Item 6C: Public Petition request by David Crowther to discuss reduction of composting material going into the landfill. (Petitioner's request.) Item 10A: Page 8 of 10, the sentence in the legend should read: "Table showing each Department's total Engine Reporting compliance for 2007 (rather than 2006) (expressed in days). N=54 days". (Staff's request.) Item 10E: Pages 10 through 19 of this item are attachments for Item 16C7 rather than 10E. (Staff's request.) Move 16A5 to 10M: Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 1772 (companion to proposed Florida House Bill 855) relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. (Commissioner Henning's request.) Item 16D1: Add as part of the Fiscal Analysis: "At this point the County is spending $145,000 and anticipating $420,000 in revenues. The County is marking up the food and drinks approximately 60 percent." (Commissioner Coyle's request.) Move Item 16D4 to 10K: Recommendation that the Board of County Commissioners not renew concession agreement #96-2611 with Fish Finders, Inc. d.b.a. Cocohatchee River Marina, Inc. and authorize the creation of 2.8 Full Time Equivalent (FTE) positions to establish marina operations at Cocohatchee River Marina and approve necessary budget amendments. (Commissioner Halas' request.) Move Item 16F5 to 10L: Recommend approval of resolution to allow the Tourism Department to accept donations of meeting rooms from local tourism attractions, hotels and other group function venues. (Commissioner Coyle's request.) Time Certain Items: Item 10C to be heard at 11 :00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55. Item 14A to be heard at 11 :30 a.m. The executive summary is seeking to have the BCC, acting in the capacity of the CRA; to review and approve the 2006 Annual Reports of the CRA required by 163.356(3)(c), Florida Statutes, direct the County Manager or his designee to file the Annual Report with the County Clerk and publish notice of the filing, and to modify the CRA Bylaws, which require an annual meeting be held in January, to require the annual meeting to be held in March to align with the Florida Statute fiscal annual report March requirement. Item 10A to be heard at 3:00 p.m. Request the Board of County Commissioners to reaffirm the staff actions taken in association with the Advanced Life Support Agreements. Item 10F to be heard after 3:00 p.m. Recommendation to approve the filing of an action for declaratory relief against the Clerk of Courts for a judicial determination as to whether the Clerk of Courts is a fee officer or a budget officer. Item 10D to be heard immediatelv followinQ Item 14B: Recommendation for the Collier County Board of County Commissioners (BCC) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank IT B) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. Agenda Item No. 4A MarC1127,2oo7 Page 1 of 2 WHEREAS, NOW THEREFOR, Collier CDUnty, hereby reCi .r housing programfd'. missioners of of Collier District is '.9 an affordable es of the Distrk:f. DONE AND ORDERED THIS 2Jfh Day of March, 2007. BOAR/) OF COUNTY COMMISSIONERS COU:IfBAI'PUNTY.~' '.' ':?ORI/)A /l ~ /' . . ./T . ..' /' i /I' . , ~.~/:. _~f\...~ / ~COLETTA, CHAZ7?MAN^. "_.__ l .- Agenda Item No 4A March 27,2007 Parle 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4A Proclamation to tlonor the North Napies Fife Control and Rescue Dlstnct tor stepPing up to Ule plate to tlelp meet the housing needs of its employees. To be accepted by Chief Michael Brown ~wrth ~~aples FIre Control and Rescue District Item Summary: Meeting Date: 3/27/200790000 AM Prepared By Lisa Resnick Executive Aide to the Bee Date Board of County Commissioners BCC Office 3/14/200711:21:09AM App roved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 3/14/20071 :07 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/15/200712:04 PM - - Agenda Item No. 48 March 27, 2007 . Page 1 of 2 PROCLAMA TION ,- ,~~,:!' :-:0:1if" :-, ',,',,", :. <>'~;'Y;~:,,;:~i~ --'c ;" ~ ,,;\ ,:. ~ , . <~i~;;:::'i Patricia McKay, ares/dent of Port of the.Islandssincel998, WQ$ the treasurer for the Stella Marli' Homeowners AntIClatlon and served on tlte Board where she sDU!Jhf to JlI1provethe quall'fyoT life. a/those living In the Port o~. the .Islands community: anti , ,,- ",,':" ;. ,~> . . /x'",:: :~~~5i~i~:,< ,: ,"<::::;,:'" ,'. WHEReAS.,. tftroiigh her involvement" she urged tlte Port 0/ the .Islandl'}' .: Community Improvement District Board to widen Newport Coy fm. a bieyelepath~ a projectwhl~#WQscDmplefed lasfsinnmer/ and. ',i,' ",.,.-'" . I,;';:',J~ '('.' ;:"t" !:~ "'iJ;: I:, "",",. Patricia MeKay worked with County staff, and her eO/MJunityto establish (1 local votlng./ocati()IJso. that ~idents would not . haveftJ drive 15 miles to vote, initia,ting positiveaeti()IJthrtXl!Jh government ., partielpat/on: and. . ". . . , - ".:.';, -~' _ .i: J, - ' . : the Florida Department oT Transporfa'i"l1 (FOOT) had Prouram;;"ti . ;$300. 000 with Federal Enhancement Program funds in iti; Five- Year Work Program for enh tiS 4J' (State Road 92 to the Dade County l,j s~,!ation. asa National $cenlt:Bywa "ted .to'eha~the Jdesi!Jnat." ~t,theMPO\ reCO/fJ ItlndSfaplng . and . Port of the WHEREAS. ion Tor the 'ion project nfortunately, la#"~year;,; Patricia . CommunitY- Wishes to' recognize,: l!.... and commemorate her as at" 'iiandfheeny/rofllMl1 ' ;~-<'T~ ., ,", -, '~':~"~it 'l(..,J I",:...'.:,.' ,_ ~ ''''', , ,~ '. ,!.' , : NOW THEREFORE', ber~i;laim# Collier County;"Flo#d,q outstanding commu~it;J iiiicate the Port of the Islands landscaping to her memory and in her honor. WHeREAS, 'Uceumbed to 'ibutlons she '110 truly cared jved. DONe AND ORDEReD THIS 27th day of March, 2007. A TTE'ST: BOARD OF COtlNTY COMMISSIONERS CO!..LIBR a;JtlNTY, FLORIDA I. ./ ! ~ I ./ >' $"'/ / /,.~ ~ xl 1 / /1 "l."V I,......., ,7 ./ '?,.~ .,"7"-~.#.../ " f/':;.-".~'</ J ~"""7</ ,"7- , i. r. ~~ { 4'... ,..... ~ /~,....... ';TAM~ diJLmA, CflAIRMAN ....,. 'i-B, ~~ Dd . E'. 8R.. .CLE'RK. " Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 48 Aaenda Ilem No. 48 ~ March 27, 2007 Pa[je 2 of 2 Proclamation to honor and recognize the contributions PatriCia McKay helped visualize and commemorate ~ler as a person who truly cared about the people and the environment In which she lived, To be accepted by Mr Dennis McKay 3127/20079 0000 ~.M Prepa red By Lisa Resnick Board of County Comm issioners Executive Aide to the BCe BCC Office Date 3114/200711 :22:14 AM App roved By Sue Filson Board of County Commissioners Executive Manager to the BCe Bee Office Date 3114/2007 1 :06 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 3/151200712:29 PM ,- WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMA TrON Agenda Item No. 4C March 27, 2007 Page 1 of 2 the Philhannonic Center for the Arts enriches lllld inspires the lives of the citizens of Southwest Florida; lllld, the Philhannonic Center for the Arts is the premier performing arts hall in Southwest Florida, hosting more than 400 events a year including world class dllllce, opera, classical and popular music and Broadway musicals and enriching the cultura11ife of Collier County and all of Southwest Florida; and, the Naples Philhannonic Orchestra provides artistic excellence each season, increasing their repertoire and adding challenging programs designed to stimulate and enrich audiences of all ages; and, the Philhannonic Chorale, the Youth Chorale and the Youth Orchestra provide oommunity members opportunities to develop and grow their musical talents while enhancing and increasing the musical experiences of concert goers; and, the Naples Museum of Art strives to be a visual arts center for people of all ages and backgrounds while providing educational programs and lectures; and, the Naples Philharmonic has grown from its roots to the tiny volunteer NaplesIMarco Philhannonic Orchestra in 1982 to the award-winning world class institution it is today; and, this growth and development has been made possible through the generosity and community spirit of hundreds oflocal citizens who provide the rich endovvments, donations. and volunteer hours required for a successful community resource; and, the vision and guiding spirit for these great achievements has been Myra Janco Daniels who has capped a highly successful advertising career with her outstanding performance as CEO and under whose inspiring and decisive leadership and constant quest for perfection, the Philhannonic Center has grown and established: · A $19 million, 90, 275 square foot performance hall and administrative center (delivered on-time and on-budget) · A $10 million, 30,000 square foot art museum · A 40,000 square foot oorporate center with two acres of additional land for future enhancement of the Center · A core of remarkably talented musicians and administrators · A world class musical directors, conductors, and artists · Financial stability and a secure endowment - a truly remarkable achievement in this time of struggle for orchestras and museums across the nation · A carefully balanced program of programs and presentations in the arts that surpasses that available in any comparably sized community and is the envy of mllllY major metropolitan areas; lllld, WHEREAS, the Naples Philharmonic Orchestra is celebrating its Silver Jubilee - with a star-studded anniversary gala honoring its CEO and the founder of the Philharmonic Center for the Arts, Myra Janco Daniels. NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 25th to April Ist be designated as - PHILHARMONIC CENTER FOR THE ARTS WEEK And Saturday, March 31 sf shall be declared M~ JANCO l>ANIELS /)AY bONE AND ORDERED THIS 27th /)ay of March, 2007. ATTEST: - BOARD OF COUNTY COMMISSIONERS Cot.LIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN l>WII;HT E. BROCK, aERK Item Number: Item Summary: Meeting Date: Agenda Item No 4C lVIarcn 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4C Proclamation tD designate March 25 to April 1. 2007 PhilharmonIc Center for the Arts Week and March 31, 2007 to be declared Myra Janco Daniels Day The Naples Philharmonic Orchestra is celebrating Its Sliver Jubilee. with a star"-studded anniversary gala rlOnonng Its CEO and the Founder of the Pr111harmonlc Center for the .Arts. Myra Janco Daniels To be read by Commls51oner Frank Halas and accepted by Ms Myra Janco Daniels 3/27/2007900.00 AM Date App roved By Leo E. Ochs. Jr. Board of County Commissioners Deputy County Manager County Manager's Office 3/2112007 4:46 PM Agenda Item No. 5A March 27, 2007 Page 1 of 2 CONTRACTOR PRESENTATION FORM Board Presentation Date: March 27,2007 Contract Number. Project Title. Project Number: 05-3876, Rattlesnake Hammock Road Six Lane Improvements (Polly to Collier) Project Number 60 169 Firm Name: John Carlo, Inc. Proiect Manal!er: Ronnie Hobbs for John Carlo. Jim Zuver for Collier County. Proiect Description: Widening of the existing two lane roadway to six lanes with walks on both sides. Relocating water mains and force mains. Oril!inal Start Date: 01/12/2006 Notice to Proceed Issuance Date: 01/12/2006 Oril!inal Completion Date: 01/1 112008 Oril!inal Budl!et: $ 23,298, I 02.25 Revised Budl!et: $ 23,298, I 02.25 ,- Revised Completion Date: 01114/2008 Reason(s) for Variance: 3 days added for Reason(s) for Variance: increased sidewalk width from 8 feet to 10 feet Actions Planned/Taken to Minimize Actions Planned/Taken to Minimize Variance: Variance: Current Proiect Status: Most of the storm sewers and water main relocation work has been completed. Working on east bound roadway with some curb and walks installed. Starting on force main relocation. As of March 20th: 60% of time and approximately 5601<<, of contract amount. Currently on schedule. .- Item Number: Item Summary: Meeting Date: Agenda Item No. 5.1\ March 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5A. Presentation by John Carlo on status of widenmg Rattlesnake HammoCK Road 3/27/200790000 AM Prepared By Date James S. Zuver Transportation Services Field Engineering Inspector Transportation Engineering and Construction 2126/20071 :52:34 PM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 2127/200712:28 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Ser'vices Admin. 212712007 1 :43 PM Date App roved By Steve Ritter Transportation Services Field Engineering Inspector Transportation Engineering and Construction 2/2712007 1 :46 PM Date Approved By Najeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 2/28/20077:49 AM Date Approved By Usa Taylor Transport,ltion Services ManagementfBudget Analyst Transportation Administration 2/28/2007 1140 AM Date Approved By RllOoda Rembert Administrative ServIcE'S Contract SpecialtSI PurchasIng 311/2007 2: 38 PM Date Approved By Steve Camel! Admimstrative Services Purchasing/Gener,~! Svcs- Director Purchasing 3/1/2007322 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 3113/2007 3:30 PM Date Approved By OM6 Coordinator Count}! Manager's Office Administrative Assistant Office of M ilnagemcnt & Budget 3114;2007 e:30 AM Date Approved By Susan Usher Count).' Manager's Office Senior Management/Budget Analyst Office of M8nagement & Budget 3116/20071:55 PM Date Approved By Michael Smykowski County Manager's Office Management &. Budget DJrector Office of Management B.. Budget 3/19/20078:24 AM Date Approved By James V. Mudd Board of County Commissioners County M.anager County Manager s OffIce 3119120077:26 PM Agenda Item No. 5B March 27,2007 Page 1 of 2 -- EXECUTIVE SUMMARY Recommendation to recognize Roger Jervis, Ivette Monroig, Judy Puig, Mike Levy, & Connie Whiteway as Collier County's Outstanding Team for Winter 2007. - OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Roger Jervis, Ivette Monroig, Judy Puig, Mike Levy, & Connie Whiteway as Collier County's Outstanding Team for Winter 2007. The Intake Team from Zoning & Land Development went above and beyond the call of duty in assisting with the implementation of the Application Processing Sufficiency Review (Intake) Process. The team collectively assisted in creating a workshop guide book, a DVD explaining the new intake process, and the presentation of the Intake Process. The team willingly gave up valuable weekend time to revamp, collate, and purge the Intake Team Files. The team updated all forms and applications for internal and internet users to ensure that all information was accurate and consistent. From July 3rd, 2006 through October 4th, 2006, the Intake Team received 460 requests for one-on-one submittal and resubmittal meetings. Before the launch of the new submittal process, a submittal took an average of 27 days before the planners saw the 'product.' Now, when a request for a meeting is received it only takes an average of 20 minutes to make contact with the applicant and set up a meeting. FISCAL IMPACT: The cost of this request is $250.00. Funds for this are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Roger Jervis, Ivette Monroig, Judy Puig, Mike Levy, & Connie Whiteway as Collier County's Outstanding Team for Winter 2007. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources _. .~'"'._.,,~-----,--_..., --_.,.....~,~-~_...__.._,-,...,'>''''''~. Item Number: Item Summary: Meeting Date: Agenda Item No. 5B March 27. 2007 Page 2 of 2 COLLJER COUNTY BOARD OF COUNTY COMMISSIONERS 58 Recommendation to recognize Roger Jervis Ivette Monrolg Judy PUlg, Mike Levy, & Connie \Nhlteway as Collier Countys Outstanding Team for Winter 2007. 3/27/20079.00.00 AM Date Approved By Jean Merritt Administrative Services Human Resources Director Human Resources 3/12120075:36 PM Date App roved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. 3/13/20073:04 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3/14/20078:32 AM Date Approved By Laura DavIsson County Manager's Office Management 8. Budget Analyst Office of Management & Budget 3/14/20078:57 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Of1'ice of Management & Budget 3/15/20075:14 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office :1/15/20079:19 PM Agenda Item No. 6A March 27, 2007 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 774-4010 March 8, 2007 Mr. Dominic Chuirco 1420 Churchhill Circle #201 Naples, FL 34116 Ms. Marilyn Toohey 1420 Churchill Circle #202 Naples, FL 34116 Re: Public Petition Request to Discuss Sound Barrier for Berkshire Village Along Santa Barbara Boulevard Dear Ms. Toohey and Mr. Chuirco: <- Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 27. 2007 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. JVMljb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator ,.-. Agenda Item No. 6A March 27,2007 Page 2 of 3 .: --. ,..-..~ ," \..t. "1' ~'. 1" March 7, 2007 Collier County Manager County Managers Office Naples, FL tl.f~1 -72007 Dear Sir: Enclosed are copies of petitions sent to Mrs. Connie Dean at the County offices on Horseshoe Drive Registered Mail. Return Receipt Requested. They were signed for on March 1, 2007. I am requesting permission to speak before the Commissioners at the March 27th meeting regarding a sound barrier for Berkshire Village along the Santa Barbara road from the canal bridge to 1-75 overpass. Please confirm that Mrs. Toohey and I can speak at this meeting. Thank you. ...~ ."~ . ..,.".--..-..--.--......, Yours truly: --..._~-~ '1:::"",:--- ~'" .... . ( --_......~~ Dominic Chuirco 1420 Churchill Circle, #201 Naples, FL 34116 Marilyn Toohey 1J. 1420 Churchill Circle, #202 II~ Naples, FL 34116 Agenda Item No. 6A March 27, 2007 Page 3 of 3 .I.~ml~!~' IN!~~ntM_~:IJ(!~.(:O~~MENT SIIEKJ:~- S_^N.J'A BAllIJAR1\JlL:yn. \Vl!~RNIIi<"~ .,....j Tlwst' ('OIl<Trrt:-.: :m' J"l'I!:lIdi lU.! r Ill' "'idc',,ill'~ <1 rS;wl a U:uhml Iwl \\l'f'll ( ;"lfh'lt!;:llc I 'ark" ;1 \' alld Ibdill I~(lad, Presuming the yvidell;ng is hci"g done {'II holh ~id<:s ofS:m1n Ilarhma 111(' road will he at least ;><; 10 kel c1os<'r 10 Trar:llgm ;1I1d ('a"1erh\lr.\' Villn1!c in nerkshire Vill:lw'. :!S wl'll liS Ikrkshi,,. lakes suhdivisiolls. Wilhoul a sound harrier fhc nniSl\ f.'xlmllst flln,.., aml di,' \\'il1 hI' lInhl'arahle. The load lll'd is 1('\'('\ ,,,illl III<' ~;c,t'oll<1 sInn' 0111H' l"llIlClolllinillJlIs in (':1I110hlll,\ Village.. A'noise sll1c1y" \\HS dOlle ill lOll), /\ cllnenl ""oise stndy" lIlust he made dmilll-! !II(' Willll'! monlhs when fm("fie is hC<1virl". l'lle study (lolle ill 2002 has 110( heellllwde :l\,;til:lhk ((\ hOlllc(lwncrs in the affected arC:l. Fiv<: years ago 1he tmflic was considcwhly lighfer. Since 20m lH"llCmll~ COl1l1ll1mit ic~ have heen developed (Iwl ill1rm~t this corridor. As wclllls Ill<' inl(,,.dwnge 011 J 7'" :II (ioldcl1 (i;lle which willlrclllC'ndonsly incrcase Ihis Ir:lf"fic. 1\ :;01111<1 11:11, j(., Illlls1 lw b1lill IlII Ill(' we':! ~:irl(' Iwl WC,(,1I IIIC' C';1II:" h, i"I'" nil ';;"'1;1 'I:ll h:1I:1 ,,, P:lIli(lI{O;lrl. !\lIothcr iSSIH' is the inlnseclioll orSanf<l Bmbnnl Hlwl. nnd l~ec"cHlio!lI;I1lf' ((lJsol'rincr: Andre\\' Prive), Accordil1g ((lthe cllrrent planlhcrc will he ril!ht 11:111<1 fllln<: (111". The lr,,!'fie light HI Ihis inlcrsecliol1 is;J MUST. This intcrseclio!l is one mile horn (iol{kll (ialc amI OI1C anrl one-quarter miles from R1ldio Road. There h:ls never been 1l prohlem with I r;1 (lic cOllgestion at this inlerseclioll. therefore. to chi'lIlgc the inlerse<:lion is nrbitrary, The ('ollnl,\' !',Irk is directly :IClPSS Snnta lbrhnrn from Ikrkshirc Villaf!c, Childrell going In Ihis I':nl nil! 11(' impacted. ~ traffic (iell! is a MUST. J)f~ublc turn tr'affic lanes on alll'oads al'c a MUST, ",,;;1 (jit' i~ '''1~~ ...;,~.~ ,;..,~".....~ Agenda Item No. 68 March 27, 2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 · (239) 774-8383 . Fax (239) 774-4010 March 13, 2007 Mr. Ronald Talerico 262 Kirtland Drive Naples, FL 34110 Re: Public Petition Request to Discuss Permit to Fill Water Drainage Area Dear Mr. Talerico: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 27, 2007 regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9;00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. L2:.,elY' , L/? / / ~ ~/~~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator - DAr.-' mSJI .-.. u.....r Pubic A.B1r:ln Agenda Item No. 68 March 27,2007 Page 2 of 2 ~ pfint PE~:.:':':\:,!L::. 1\. "..\:'a:.'.i~ OFF~CE NMw:r. RatJAL.(J I ~ -/~(Lt Co\) Qhd kj'rrHAtXi C~.. NA~tl:5 (/. 641/0-:--------- ::::~~::~:~.:UJJ~~~ 1 -I b~~ tI.,-..1 62007 Addtesa: "' . ...-..-........--.--.--...--.." "........,...- PIe.e...... "".,."the. - vau..----1D..-It (1lIIa::h .....~ ... if r- -" I woukIlike to obtain permission to get a permit to fill in my water drainage 8R!l8 mv loth; one of onfy :3 tots that is not fitted in <PLEASE SEE PICTURES ATTACHED.> . have put ine Drain Field aIr8ady It's 8 hole 2 feet wide & 2 feet deep for the whole IeAtA d ~ yaRI fiIec( iA wilt.." p_ I ~icI '* iA .."dJ '08 it MR. '1I8ft it takes in the water before that my back ~ and others next to me would hold 2 to 3 feet of water for 3 months or more it turns into a breeding area for all types of INSeCTS. SNAKES & RATS. plus it starts to smell like rotten fGgS Pie.. .m~ iff deIai the -=tian"lOU are ..-.a ... C\.._I....~ to taka (,-~ additiarull .... if _....~\.: , would like the commission to give me a permit to fill in my back yard - .~ _c. -::""_ ,'~. ~~__~. __ ",~PIlian""'.~ -- Aaenda Item No. 6C ~ March 27, 2007 Page 1 of 8 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239)774-8383 · Fax (239) 774-4010 March 15, 2007 Mr. David Crowther 7481 Lourdes Naples, FL 34104 Re: Public Petition Request to Discuss Reduction of Composting Material Going Into the Landfill . Dear Mr. Crowther: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 27, 2007, regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F) of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. ~ Jamesv.~~~ County Manager JVM/jb cc: David Weigel, County Attorney Jim DeLony, Public Utilities Administrator - Agenda Item No. 6C March 27,2007 Page 2 of 8 bodinejudi From: Sent: To: David Crowther (dcrowther@swfla.rr.com) Thursday, March 15.20072:28 PM bodinejudi PROCEDURE TO PETITION THE BOARD OF COUNTY COMMISSIONERS Public Petitions are limited to a single speaker, with a maximum time of ten minutes. Generally the Board will not take action on public petition items on the day the petition is presented, but may direct staff to take action, or bring back the item to the Board at a future date for consideration. The County Manager may defer scheduling a public petition for a reasonable period of time to allow sufficient time for staff to review the content and thus prepare for questions from the Board. Individuals wishing to petition the Board of County Commissioners should present such a request in writing to the County Manager a minimum of 13 days prior to the Board meeting date on which the public petition is requested to be heard. The written request should be on the following form and include any exhibits and/or backup material that may be pertinent to the petition. It should be noted that your request and all materials submitted will become public record and will be retained for that purpose. Public Petition requests can be mailed to: County Manager Bldg. F, 2nd floor 3301 East Tamiami Trail Naples, FL 34112 Or faxed to: (239) 774-4010 Attn: County Manager The County Manager will review your request and determine if the Board of County Commissioners has the ability to legally act upon the action you are requesting. Final determination of this request is at the discretion of the County Manager's office. The County Manager's office will notify you via mail the status of your request. Request to Speak under Public Petition Please print Name: David Crowther Address: 7481 Lourdes Court Naples 34104 Phone: 239-455-0707 Date of the Board Meeting you wish to speak: 1 03-27-2007 Please explain in detail the reason you are requesting to speak (attach necessary) : Agenda Item No. 6C March 27. 2007 Page 3 of 8 additional page if I have been researching reducing the amount of composting material going into our land full. I have some info the Board may be interested in reviewing. 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'- Q \.C .e ... ....OlU t:: 5 u ~ t1 ~ .~ ~ ~ ~ :9 ~c3~~] C1.t ~ i.;1 Q.I ~ ""tI ~ ", o ~ ~ J3 ; ] 8 ] ~ : ~..s "-4 ., ! .... 0...... 0 S to') d e ~ ... ~ .~ 0 ~ ~ ] ~ ~ ~ II.i ~ ~o8 ..oj; 1;; l~.s ~~Ii') QD~--c::I '+. 10--. ~ $::l _ 4j o '11 ~ '~d.i U W ~... :3P~ ('Ij "Q-~ .0; ... ~ '"2 e~~ l'lS 0 a Ii') ~ 1Ii 0 La Ill"" l;-~ g g -5~ : a_ g ~ 1 \.C ..0 ~ u.... u .,B t'It ~ .M ~ Ii') :3 ~ d.i ~ ~ ~- ~ .Ii') .~ ~ \.C o....~ Oa~o ~-1' uOollUM ~I) Ii ~~% '0 ~j -f.3 u ~ ..r:: ~ 0 ~ () ~ 5:g ..~ ~, ~ ; III ~ QoJ 8;; 1I.i..... ~ ~ .g ~ 5 ~ ~ ,~ ..r:: 0 g~ Il'JI) ~ e ~ ,.? ""tI W .... A .... 0.. r;; -. 0 ~.~.f-4 .'" Ii ~ ~;.a ~ -E..s u,Taste they pay to send to the landfill During dus fJ.rst phase, begun in July 2005, District staff installed the Green Cones ru in dle backya.cds of 92 participants so ,"ve could learn first-hand about siting, drainage, and exposure issues that could impact dle success of dIe pl'oduct and dle satisfaction of dIe residents. Based on what we learned dw:illg the installations, we have developed a D\7D and instn.lc- tional manual fol' Gl'een Cone TM self-installation. Tlus yeal"s pal'tici- pants wi11receive these materials to install their o~Tn cones. At dIe close of this pilot project in stunmel' 2007, dIe pel'formance of the se1f-uIstalled cones will be compared to the performance of dlose that were installed by trained J District staff. The information from the rn,TO trials will be used to Agenda Item No. 6e March 27, 2007 Page 6 of 8 Ol'-CO (00- 00 o C'\J I'- Z 1'-- Q) ~ C'\J OJ 03 r- co ="20... mm ~2 iii OJ <( V) Q) = o u d ~ o .~ ..e ~ ~ ~< U) .S d ~ q) ~] B'--1 '~ ~ ~ ~ ,~ =] -a~ ~ a~~t1 o~oc5 ~ ~ p.~' ;3 ," ::: V) 8..o~..o vt; q) ~ '"'d 8 ~ 'i:1 5 J3 u ~ ~ ~ = .:. u~~~~~~ -" 0... ~ .= ", u.... d Q) d U ~ '3 :; ~ ... ~ Q) ,~ ..d'-1 ", ~ !",f 8; ~~ ~f-4 a~~ ~ o ~ 0 Q)~ O~"'C!",f N .~ ~ ~ f...,j ~ q) !",f ~ ~=E]~~~~~~a a ", ~ ~ u..s g.. ~ 'a ~ Q) 0... q; 'Q d "'i3 ~ Q) ...-f31""! "'~Q ~ P. In t::= o.~ 0 ~ p.~'''"i ,9 ~ 8 ~ 0 ~ ~ ~ 0 +J U V '0 ~ 0.. ...... !",f o J3 :-;::l !",f 0.. v U) 0... .~ u '1:1.fj t..,. o u U') o - u v ~ Gretll ConunI if/.r/olled in (1 pt1rti&ipont~ gortkn drlring slimmer 2005. Agenda Item No. 6C March 27, 2007 Page 8 of 8 ,,...-... ,-' - Agenda Item No. SA March 27, 2007 Page 1 of 87 EXECUTIVE SUMMARY MUP-2006-AR-I0052: VI( Holdings Treviso Bay Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a Mixed-Use Project in the Bayshore Drive District Overlay, proposing 2 residential units and 19,607 square feet of commercial floor area to be known as The Odyssey - Treviso Bay Marina. The subject property, consisting of ::1::1.59 acres, is located at 3470 Bayshore Drive on the west side of Bayshore between Lakeview & Riverview Drive, in Section 14, Township 50, Range 25, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider a request for approval of a Mixed- Use Project (MUP), in accordance with Section 2.03.07.3.a. of the Land Development Code (LDC), and render a decision regarding the petition. CONSIDERATIONS: The petitioner requests approval of a Mixed-Use Project (MUP) within the Bayshore Mixed-Use District Overlay. The subject site is currently zoned Multi-Family Sub-district (RMF-6-BMUD- R2) and Waterfront Sub-district (C-4-BMUD-W). This petition request was first heard by the BCC on November 28, 2006. The BCC offered the petitioner the opportunity to continue the hearing date and revise the proposed project to a development that better meets the intent of the Bayshore Mixed-Use District Overlay. Some of the suggested revisions to achieve the intent of the overlay included adding uses that would serve the community in general, and not only the members of the proposed private marina, as it was previously designed. One Commissioner expressed concem in regards to the building height. The petitioner also held a second Neighborhood Information Meeting (NIM) on February 26, 2007 and informed the public of the following revisions to the proposed development: · The addition of two retail areas of a minimum of 500 square feet each, to be located at each comer of the project facing Bayshore Drive, for a minimum of 1,000 square feet of retail space intended to serve the private marina and the community in general · A reduction on the number of proposed boat slips, from the originally proposed amount of 158 to a maximum of 135 boat slips · That the proposed meeting space on the first floor in the northwest comer of the building, be available not only to the members of the private marina, but also to the community in general . Prohibition of fuel sale within the marina THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 1 of 9 - Agenda Item No. 8A March 27, 2007 Page 2 of 87 Section 2.03.07.I.3.a. of the Land Development Code (LDC) allows property owners within the Waterfront Sub-district (BMUD-W) to petition the Board of County Commissioners for approval of a Mixed-Use Project (MUP). As part of the MUP request, the BCC may also grant up to 12 dwelling units per acre, which are available for reallocation in the Bayshore/Gateway Triangle Overlay. However, the petitioner is not seeking additional dwelling units to the ones that are already allowed in the portion of the project with Multi-Family Sub-district zoning designation. The petitioner's request will allow development of a private marina that is intended to house dry and wet boat slips, and 2 residential dwelling units within the 1.59 acres of property. As depicted on the conceptual site plan (see attached), the proposed project maintains the existing interconnectivity of the pedestrian pathways and street systems. Access is proposed from both Riverview and Lakeview Drive. Parking is proposed on the west side of the subject property, which is within the Accessory Parking Zone (APZ) designation area of the overlay. The BMUD overlay allows the lots adjacent to the Waterfront Sub-districts to be used as off- street parking. As encouraged in the BMUD overlay, the proposed building is located near the streets, and is proposed to meet the architectural requirement of the "Old Florida" design style. Following BCC approval of the MUP and conceptual site plan, a Site Development Plan (SDP) is required to be submitted to the Zoning and Land Development Review Department for review of all applicable requirements of the LDC. w ~.._-- .:-- "--<----..::. '\ -~~, I \~j "'-. / ^ "':"i(j...' l'-q ......~~F "'~'U~I~ _ ilD ~r ,.J"~ ,~- 1..0; 1'- a: o ~I .:... lJ.J ~ .J -' ;{ r-~~.'g...... '" /.. Ill: "<1 b...... 3.~.RP[n A\'EhUr ii, I ."-r"1 i I I l!:! ~ 0 III c:: V 0 :r. III .~ <: m PUD CRIO;ET L~YE PEHT.:'l"PTS. CONDO I I'l'r"! Excerpt from the Zoning Map THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 2 of 9 Agenda Item No. SA March 27, 2007 Page 3 of 87 Aerial GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed-Use District, Urban Coastal Fringe Sub- district), is within the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO), and is in the Coastal High Hazard Area, all as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the B/GTRO allows residential development, water- dependent uses - such as a marina, and mixed-use development. The Overlay contains various criteria (see below); this project is consistent with all applicable criteria. The Bayshore Mixed-Use District Zoning Overlay was expanded and substantially revised as part of the 2005 Cycle 2 Land Development Code amendments; the project is consistent with, and further implements, the B/GTRO. Compliance with this zoning overlay is determined by the Zoning and Land Development Review Department. The Zoning and Land Development Review staff have found this MUP application to be consistent with the Land Development Code THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 3 of 9 Agenda Item No. SA March 27, 2007 Page 4 of 87 overlay criteria. However, the marina use is only allowed on the RMF-6 zoned portion of the site when incorporated in a Mixed-Use Project (MUP). Otherwise, the marina use would not be allowed on the RMF-6 lots because the uses on the lots would be limited to those uses allowed by that zoning district, principally residential uses (reference LDC Section 2.03.07.1.5.b.). Based upon the above analysis, staff concludes the proposed density and uses for the subject site may be deemed consistent with the Future Land Use Element. Consistency with the Collier County Land Development Code (LDC): Section 2.03.07.1.3. of the Land Development Code requires that the proposed development be consistent with all the provisions of the Land Development Code and that the land uses be limited to those allowed in C-I through C-3 zoning districts. The proposed marina is an allowed use in the C-3 zoning district and in the Waterfront Sub-district of the BMUD overlay. The proposed project will allow development of a mixed-use project within the Coastal High Hazard Area (CHHA) and shall comply with the standards for mixed-use development set forth in the Bayshore Mixed Use District (BMUD) Zoning Overlay. The approval of the conceptual site plan shall not mean that the project has received final approval, it shall only indicate that the project is in substantial compliance with the criteria outlined in Section 10.03.05.0.6. of the LDC, and may be approved subject to further review, changes, and modifications as deemed necessary to comply with the requirements of the LDC through an application of a Site Development Plan (SDP) to the Department of Zoning and Land Development Review. ZONING STAFF ANALYSIS: Staff completed a comprehensive evaluation of this petItlon and the criteria on which a determination by the Board of County Commissioners (BCe) must be based. The legal considerations are reflected in Section ] 0.03.05.0.6. of the LDC. A summary of the listed criteria is noted below: a. No less than sixty percent of all commercial uses within a MUP shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. Pro: The MUP proposes more than sixty percent of commercial uses that would serve the needs of the subject development. Additionally, the redevelopment ofthe existing marina site may favorably impact the surrounding residential neighborhoods through the proposed new building, which is proposed to screen the boat slips from view from adjacent properties, new landscape buffers, and uninterrupted sidewalk along Bayshore Drive. Two retail spaces of a minimum of ] ,000 square feet are also proposed to serve the community in general. THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 4 of 9 I\genda Item No. 8A March 27, 2007 Page 5 of 87 Con: The proposed MUP ]s a private manna; which ]s adjacent to a residential neighborhood. Findings: The proposed development substantially meets criteria "a". b. No more than 25 percent of the residential units within a MUP shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial uses so as to insure actual development of a MUP. Pro: The conceptual site plan does not propose gated roadways. The residential units are proposed to be constructed concurrently with the commercial uses. Con: None Findings: The proposed development meets criteria "b". c. The MUP shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transportation network. Whatever the pattern of the vehicular network, internal interconnections between uses and external connections between adjoining neighborhoods and land uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. Pro: The conceptual site plan indicates that the proposed project maintains the existing interconnectivity of the pedestrian pathways and street vehicular system. Con: None. Findings: The proposed development meets the pedestrian and vehicular interconnection criteria. d. The commercial component of a MUP may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. Pro: As depicted in the conceptual site plan, the proposed building, shaped as a horseshoe, is located close to the streets and along the boundaries of the property and thus avoids strip commercial type of development. FUlihennore, retail spaces are proposed on the northeast corner and the southeast corner of the building, facing Bayshore Drive, thus making the retail uses readily accessible to surrounding properties. Con: None. Findings: The proposed building meets the site location design requirements of the BMUD overlay. THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 5 of 9 - Agenda Item No. SA March 27, 2007 Page 6 of 87 e. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off-street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, commercial uses only shall be permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size. Pro/con: None. Findings: Criteria not applicable. The subject properties are less than 5 acres. f. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. of this Code. This requirement shall not apply to individual parcels less than 5 acres in size. Pro/con: None. Findings: Criteria not applicable. The subject properties are less than 5 acres. LEGAL CONSIDERATIONS: The Board of County Commissioners (BCC) in determining whether or not to grant approval of a Mixed-Use Project (MUP) is governed by the following criteria found in Subsection 10.03.05.G.6. of the LDC: a. No less than sixty percent of all commercial uses within a MUP shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. b. No more than 25 percent of the residential units within a MUP shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial uses so as to insure actual development of a MUP. c. The MUP shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transpOliation network. Whatever the pattern of the vehicular network, internal interconnections between uses and external connections between adjoining neighborhoods and land uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. d. The commercial component of a MUP may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. e. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off-street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 6 of 9 Agenda Item No. SA March 27,2007 Page 7 of 87 commercial uses only shall be permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size. r. At least 30 percent of the gross area of MUP shall be devoted to useable open space, as defined in section 4.02.01 B. of this Code. This requirement shall not apply to individual parcels less than 5 acres in size. FISCAL IMPACT: The use, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the request for Mixed-Use Project (MUP) is approved, the existing land will be developed, and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 1O.02.07(C) of the Land Development Code, fifty percent of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff to analyze this petition. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant held the required meeting at 6:00 p.m. on Thursday, September 7,2006 at the East Naples Library. Approximately 60 people, including the applicant's team and County staff, attended. The architect for the applicant, Matt Joyner presented an overview of the MUP and provided several conceptual site renderings for reference. The following statements were made by the applicant and his team: . Boat storage will be contained within the proposed new building. . 38 car parking spaces are proposed on the project site. · The proposed maximum building height is 50-56 feet. · The marina is proposed to operate 7 days a week. · A 19,607 square foot total building footprint, horseshoe shaped construction is proposed. · The northwest corner of building will contain a ground level club facility. · Two residential units are proposed above the club facility. Several members of the public had questions and/or comments regarding the proposed off-site street parking, storm water management and setback dimensions. Generally, people were in agreement with the proposed project, although questions remain as to deed restrictions regarding use of the property and front yard setbacks. V.K. Development Corporation principal, Sanjay THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 7 of 9 Agenda Item No. 8A March 27. 2007 Page 8 of 87 Kuttemperoor, said he would continue dialogue with surrounding property owners regarding architectural dimensions to address view corridor issues. Mr. Joyner suggested closing off the north and south ends of the building. In regards to the storm water flooding issues, Mr. Chad Luttrell, engineer for the applicant, stated that the project will be redirecting water discharge to "water-quality basins" by means of a mechanical commercial system. South Florida Water Management District (SFWMD) has yet to permit the project. A second NIM was held at 5:30 p.m. on February 26, 2007 at the BCC Chambers. In addition to the reduction in the number of boat slips and the added retail space, the petitioner offered members of the public to consult the developer in regards to adding the following conditions to the proposed development: · To restrict the hours of operation of the activities related to the marina and the proposed meeting space · To restrict boats in the marina to maximum of 30 feet in length · To prohibit boat repairs within the marina AFFORDABLE HOUSING IMPACT: The petitioner has not committed any contribution to offset impacts on affordable housing. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this MUP request. PLANNING COMMISSION RECOMMENDATION (CCPC): The CCPC is not required to review the request for MUP. RECOMMENDA TION: Staff recommends that the Board of County Commissioners (BCC) approve Petition MUP-2006- AR-10052, subject to the following conditions: 1. The residential units must be constructed prior or concUlTently with the commercial use. 2. The hours of operation of the marina and the proposed meeting space are restricted to the following: from 7:00 a.m. to 7:00 p.m. The retail spaces proposed at the northeast comer and the southeast comer of the building are excluded from the restriction in the hours of operation. 3. The marina is restricted to a maximum of 135 boat slips. 4. Vessels in the marina are restricted to a maximum of 30 feet in length. 5. Vessel repair is prohibited within the project site. 6. Fuel sale is prohibited within the project site THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Page 8 of 9 PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review THE ODYSSEY - TREVISO BAY MARINA, MUP-2006-AR-10052 EXECUTIVE SUMMARY Agenda Item No. SA March 27, 2007 Page 9 of 87 Page 9 of 9 Item Number: Item Summary: Meeting Date: Agenda Item No. SA March 27, 2007 Page 10 of 87 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This Item requires that all partiCipants be sworn In and ex parte disclosure be provided by Commission members VK Holdings Treviso Bay Manna, LLC represented by C. Matt Joyner, P_A Architect, requests a Mixed Use Project in the Bayshore Drive District Overlay, proposing 2 resIdential units and 19,607 square feet of commercial floor area to be known as The Odyssey - Trevlso Bay Marina The subject property, consIsting of 1.59 acres is located at 3470 Bayshme Dnve on the west side of Baysrlore between Lakeview & Riverview Dnve, in Section 14, Township 50, Range 25, Collier County, Florida 3/2712007 9.00:00 AM Date Prepared By Carolina Valera Community Development & Environmental Services Urban Design Ptanner Zoning & Land Development Review 3/121200710:20:38 AM Date Approved By Marjorie M. Student-Stirling Assistant County Attorney 3/13/2007 1 :40 PM Approved By County Attorney County Attorney Office Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services- Adminstrator Date Community Development & Environmental Services Admin. 3113120074:01 PM Date Approved By Marlene Stewart Community Development & Environmental Services Ex.ecutive Secretary Community Development & Environmental Services Admin. 3114120077:35 AM Date Approved By Donald L Scott lransportatron Services Transportation Planning DIrector Transportation Planning 3114120078:09 AM DOlte App roved By R-<I~! 8cflows Community Deveiopment & Environmental Services Chief Pj~l!1ner Zomng & Land Development ReView 3/14/200710:07 AM Susan Murray, AICP Date Approved By Community Development & EnvironmentZ!t Set'vices Zoning & Land Development DIrector Zonmg & Land Deveiopment Review 3/141200711:47 AM Date Approved By OMS Coordinator County Mamiger's Office Administrative AS5ist.:tnt OFice of Management & Budget 3f15/20Q7 7:47 AM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of M <lnagernent & Buoget 3116120075:57 PM Date Approved By J<'lrnes V, Mudd Board of County Commissioners County Manager County Manager'~ Office 3/21/20079::47 AM Agenda Item No. 8A March 27, 2007 Page 11 of 87 RESOLUTION NO. 07-_ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMJ\HSSIONERS DESIGNATING THE ODYSSEY - TREVISO BAY MARINA AS A MIXED USE PROJECT (MUP) IN THE BAYSI-lORE DRIVE J\HXED USE ZONING OVERLAY DISTRICT, WATElU'RONT SUB- DISTRICT (BMUD-W) AND RESIDENTIAL 2 SUB- DISTRICT (Bi\IlJD-R2), COMPIUSING l.S9:t ACRES PURSUANT TO LAND DEVELOPl\.lENT CODE SECTION 2.03.07 1.3.; PROVIDING FOR DESIGNATION AS "MUP," AND COl\'lPRISlNG 2 RESIDENTIAL DWELLING UNITS AND 19,607 SQUARE FEET OF PERMITTED COMMERCIAL USES; AND PROVIDING FOR CONCEPTUAL SITE I)LAN APPROVAL, FOR PARCELS LOCATED ON THE WEST SIDE OF BAYSHORE DRlVE BETWEEN IUVERVIEW AND LAKEVIEW DIUVE. WHEREAS, VK Holdings Treviso Bay [vJarina, LLC (herein referred to as "Owner") owns eight lots comprising approximately 1.59 :t acres, described helow, that arc located within the b0undarics of the Bayshore l\'lixcd Use O\'eri<lY District ("81I'IUD") and within the Waterfront Sub-district (Bl\.rrJD- W) and Residential 2 SubdiSlrict (BMUD-R2), all comprising a portion of the Baysbore-Gatc\\'ay Community Redevelopment Area (CRA), located ill Collier County, Florida at the west of 13ayshol'e Drive between Riven'iew and Lakcview Drive; and WHEREAS, Owner, through its agent, i'vIatt Joyner, P.A. Architects, in accordance with Section 2.03.07. 1.3" of the Collier County Land Development Code ("LDC") has petitioned the Collier County Board of Count)' COllUl1issioncrs ("Bonl'd") pursuant to Pctition Number IvIUP- 200G-AR-I0052, for approval of a Mixed Use Projeel CMU!''') in the Bal'shore Drive Mixed Use Overlay District, proposing 2 residential units and 19,607 squarc feet of commercial floor arCH for the subject lands to be known as The Odyssey - Treviso Bay Marina; and WHEREAS, Owner has timely submitted a su11ieient MUP Application ("Application") for The Odyssey - Treviso Bay l'vlarina jI,.j UP plan for the lands described bdow; and WII EREAS, Collier COllnty Staff has reviewed the Application, inclucling a Conceptual Site Plan demonstrating cOlllplinncc with LDe Section IO.03.05.G., along with SllppOlt documentation Hnd Infurmation required by LDC Section 2,03.07. 1.3., and determined that the Application and Conceptual Site PIHn are sufficient; and WHEREAS, thc l30ard has dctcLl11incd that the LDe notice and neighborhood information Illeding (J\'I:\'I) requirements applicable to the Application set forth in Section 10.03.05.G., havc been complied with; and that The Odyssey ~ Treviso Bay Marilla IvlUP has been recommended for approval by the Bayshore-Gateway CRA Advisory Board. Page 1 of 2 Agenda Item No. 8A March 27, 2007 Page 12 of 87 NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COm":TY COl'vUSSIONERS OF COLLIER COUNTY, FLORIDA that: i. The foregoing WHEREAS clauses llre hereby adopted as ifset forth fully herein. 2. The lands described in attached Exhibit "A," consisting of approximately 1.59 :!: acres are hereby designated as a Mixed Use Project ("MUP"), and be officially designated as "MUP" on the Official Zoning Atlas Map, subject 10 the Conceptual Site Plan attached as Exhibit "B," and subject to complillllCc with the requirements of LDC Section 2.03.07. I. 3. d., i. through iv. 3. The Conceptual Site Plan for The Odyssey - Treviso Bay Marina l\'lU1' attached hereto as Exhibit "B" is hereby approvcd. 4. Once the propel1y owner, through the MUP approval process, conunences construction of the proposed development project under the provisions of the Mixed Use Sub-district, those lands shall only be developed in compliance with all provisions of the BMUD Overlay and shall not revelt back to the underl)~ng zoning district. BE IT RESOLVED that this Resolution relating to Petition Number MUP-2006 AR- J 0052 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED tllis aileI' a MOlion, second, and majority vote. day of , 2007, ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMIVUSSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk JAMES COLETTA, CHAUUI'lAN Approved as to form and legal sufficiency: ll\~~---'illl.f)hl.op4.,L- [JujJ~~ Ivl<n:joM:: M. Student-Stirling I~-O Assistant COUllty Attomey Page 2 of 2 Parcel A l\genda Item No. 8A March 27. 2007 Page 13 of 87 E1hlb1t fl.A'" Legal Description of the Marina Property Lots 27 and 28. Block 4 and Lots 1 and 2, Block S. GulfSh6res. aCtording to ~ plat thereof. recorded in Plat Book 4, page 50, Public Roeords of Coltier County, Florida. '. '.' Parcel B Lots 3 and 4, Block 5, Gulf Shores, acootding to the plat thereof;. recorded in Plat Book 4, page' SO, Public Records ofCoUier County, Florida. P arccl C Lot 2S, Block 4, Gulf Shores, llCCOrding to 1he plat thereof; recorded in Plat Book 4, page SO, Public Records of Collier County, Florida. . Parcel D Lot 26, Block 4, Gulf Shores, according to the plat thereof; recorded in Plat Book 4, page 50, Public. Records of Collier County. Florida.. . llAP~>l9 YOl ~. <(1'-1'- ~92g ~ J 0 '7 c: Gi ..- CD'-()) =="2g> CUCUo.. -g::z: CD en <( i:' ,OJ; rl I~' - . ;. A-:- _ ..._. --. - .~. _ 'f ~ --. I"'~ !~~L~:l~-;;d'~'Uo. -;;~':J ~ .,-,,> ;;-~: .";;: ';..;:::-;::::--:'--:- ~;:.<. ::'"~. c'-~ tup( 'l'OlliiO';! '9111ol'l'li i1AlliiC i1l>10H9J..'I'e OLl'11L 'l'HlliiVI-l J..'I'e 091A3liiJ. J..i199J..OO i1HJ. 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"'" I ____ - --- ~ ;< 01 Q ;:; ;: i ~ j ill ill -~.. ., ., r a.. <( ~ C) z - z o N ~ E N I/) 0 0 a: < , CD 0 0 N . C :. ::l: 'II: Z 0 l- I- W c.. a.. <( :2 z 0 - ..... <( u 0 ...J I COLLIER COUNTY GOVERNMENT (i)' DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET , fO"V Agenda Item No. 8A March 27. 2007 Page 16 of 87 2BOO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 MUP AR NUMBER PROJECT NAME PROJECT NUMBER DATE PROCESSED COORDINATING PLANNER For Staff Use Above to be completed by staff AGENT, fJ' t't-O L~ ~. ADDRESS, PHONE# E-MAIL ADDRESS FIRM, V Ll. City CELL# ~~I.u' ~ Slate Zip FAX# OWNER(S) NAME: ADDRESS: PHONE# E-MAIL ADDRESS, Citv State ZiD CELL # FAX PROJECT NAME, P~OPERT'(<,;.lOCATION" . . , Jii..~lS.Q ~ ~I'\JA- If this project is located in a PUD or it has a Conditional Use or a Variance approved, please indicate the PUD name and/or CU or Variance Application Request # Resolution # PROPERTY I.D.# "I~ ,1.3 2 18000 I SECTION/TOWNSHIP/RANGE, SUBDIVISION NAME: I I UNIT BLOCK LOT LOCATION OF SUBJECT PROPERTY (proximity to closest molor intersection or rood), Current Zoning Designation Total Area of Project: c.~'f Type of Development Proposed: Mu? # Units '2. Density Non- Residential Sq Ft: ZONING ADJACENT ZONING/LAND USE LAND USE North East South West I hereby submit and certify the application to be complete and accurate. SIGNATURE OF AGENT DATE Agenda Item No, 8A March 27, 2007 :-'8~: I~ 7 of 87 ..Nie~il1g.N~ttt5 . 5_dl'l/, r AtI'~<I/k.. Fa- (', rv rf VYvS V'n'-tHes fj,;--- \'J.g",.~ 0~~~J~~ 4.oC:;:o8 NPL,~ IPj;.UT\l"""'J ~L IVlULTlPLE:, C~ILC ~GLGZ'TIL,,-...I '::> ~O(.:?,.uh~ ~{.2..M-I:o'- ~ ~ B..t:=: /~~~ 6\1~ At..?<:J ~l~ ~1It;" a?vtJJ. - F1;JoJ1iCl ()JILL 1St:;" fl.l:EIJl~l:::7) ANt) P!:::.7?/l7/1TQ) 8 'i ~ FWiVl D. " " ,. of CULf S/I>'tH ,41t1Jt'kA S'lhi fJiAftr' !/./ctl/lJt-- A1A1L.4/,/-I 5'1 ht4' CI to& ADDRESSlNq CHECKLIST Agenda Item No. 8A March 27, 2007 Page 18 of 87 ?lease comple~ the following and submit to the Addtcising Section for Review. Not all items will apply to ,~erY prOject. Items in bold hope are reouired. . . L Legal description of subEt proPf'Ity or properties (copy of lengthy de~criprion mqy be arrtiched) :~(')..g!"1-\1; ~lH 1""' ~6RPC:;. BlC'l('l~ .,,:, ll'\'T'<-.. \ --4 "t-.., . . .' \.' . . ,. f.",\. ("\C'IL Y \ !"l~ ?~ -P."R ' i. Folio (PropertY ID) number(s) of above (a11ach Ie. orasiociate with.legal,de;cription ifmorl! ilUlJ1 one) ...,'. . ,14~li?'j7.8('\(')("')7 .' · " '. ' ". · '._ . 3. Street address ot addtesses (as' applicable. if :f:eadyauigned)' .:?'ll.:"lO . ~p.,,\J~\?l="" ~R..l\JE" . 4. Location map. showing e;<::lct"loeation <)f projecitsite in relation to neare:;t public road iiZht-of-way (Q.tt<u:h) 5, '9opy~f.survey (,NEEDED omY.~QF.~1.ll:ll?l;A.TJEpi>ROPER1J:E;S) "', ,_._ :~;~_~, ._'_' 6, propClsed pro jeer naine(if applicable) . . 7. proposed Sneet names (if applicable)' 8. Site Development Plan NumbeT (FOR EXIST):NG PROJECTS/SITES ONLY) SDj:>~- A,Q \~'13 . 9. Petition Type - (Complete a separate A~essing Chocklist for each Pe.tition I)-pe) 0' SDP (Site pevelopment Plan) o SDPA (SUP Amendment) o SDPI (SDP Insubsianti~ Change) o SIP' (Site Xmproveinent Plan) o SIPr (SIPI Insubstantial Change) o SNR (Street Name Change) . o Vegiiati on/Exoti<;: (Veg. R~oval Penmts) .' o Land Use Petition (Vapance, Conditional Use, . Boar Dock Ext.. Re.zone, pun rezone, etc.). ' o Other.. pescribe: : .n. . ...' . o PPL (plans & Plat Review) . o PSP{Preliri:tinary Subdivision Plat) o F? (Final Plat) , . o LLAc(ot Line Adjustment) o BL (BIaslingP,ermit) o ROW (Right-of-Way Permit) O'EXP (Excavatlon.P=it) o VRSFP (Veg. Removal & ~ite Fill Perinit) o IDR (Trarisfer of Development Rights) , I I I , , i I I , , I i L I ! -.,...... ; "..... . . . " . W Project or de-yelopment names proposed for; of already appearing in, condoniinii.im dOC!lJlli,nts (if appIic<iJ:,le; indiCate w herner proposed Qr exjstfug) '--' : " .,' . . 11 , Please Check ~e: 0 Cllecklist is to b~ Faxed B;u:t Personally Picked Up '. ' ' 12. Applicant Name. Phone :?'.fA I-/~qq Fax ?~ / _.$ <;;>:?~ 13. Signature on Add=sing Checklist does not constitute Project and/or Street N ameapproval and is Subject to further review b)'"the Addressing Section.' . - '. FOR STAFF USE m,'LY , Pri~ary Number \:00 OOY- Address Number \30 2 '71 r Address Number \ ?J()~ I ' Address Number t-oC::=502..- \ ~oa5' \30ac<=. ~ . . . Ap~( -~"~~ . . /oz'b}6 45 t <, "- \/)...' ~ co co I 6 '0 ::Ji Z .-", ~! >= Q) " ~ Ol .~. ~ t1l t1l tL '0 = C Q) c(.. Ol < 'i' '" LU I 0 z i= ~ &II &II ~ ICII: \,., 0 :E CD LU ... .:; llQ . 0 :e " " '-, 'In... CD ~ l, l ICII: ::) R AI '- . ... - z <( - CD N "- iT'. C C ::::: Q CD .; LU -'l I I N E 0 Z I "" N\ ~~ bll a. g) 0 .... rf) '> ~ 0 .. :c N --- ~ ~ Gi ~ a. '-..9 ['J E-i > "0 ~. CD ~ ~ Q @ ~ -0 t ~. ; C IS ~ IS .. g ... .!! ~ oil IS r:I'1 > ..... ~ g) IS a. - ~ c C LU ~ ~ .2 "0 Q U 0 .. -- .... ~ N IS Z ':,. '<l - ~~ =- ... O.:e ,; - .. =- 0 .. IItICll: ~ .~ - .. -- 11 "'"' c CD >LL ... r:I'1 CD .. is ~ ~~ ~ E -0 .. ~~ ~ -0 0 0 ...l <.:, !::! - 1: <( >- ;,[) ~ ~ \II '" IS ..... ~~ " ~ a. .0 Z &: ~\ i'! CD ::) Q :e ~ ~~ N I 0 ~ i t'!. :s. 12 LU U '" IS .~~ 03 .. " .!! ~ -g IS '" > 0- U '5 IS N i'! c " " It) 0 0 I '0 .. 0- f-' IS It) UJ U .0 UJ I .. ~ Ul ICII: 0- '?; LU M Z N z Z ~ LU Cl ;.: :e en c( - &II CD c( OJ ... A :;; p:E a. E Z <ij .A<( 0 ~ ..z LU !:) c ~i z z r1 i'! C) CD !J; '5 Vi c 3. S! I 0 (9 lit .c <( a. March 27, 2007 Page 20 of 81065' ;.. ~ - .....;.....o-..-:::~,~-:;:::::..:':-: '~--';"'~A::;"'':'A ' ._ _<..~.. ::.._:::~::".GKA:YWORKS:I..l.t =":",,~"':::44'G"'''TDri~e . . . .. -_..,'._....,,.,.'..'l~FL "'108 -:::C;:::"-",:5\~~P'!i"i."",,, .... )~~c;"':t7aoarch;f County Gommission~$' 1'~' , ' " .- .-.- - --, -..- ..... '~"~'.';".".' ..,,~-"'_. . ~"","_"',~~^~._"._',.-- ,,--".-~-... -._"-_.~. ,_..._"-.-~ .,_.. .. "~,..~.~" ,.~--".. ." ~...,,,....-- - - ,"'- ,--" --'-',"'-."-.' DA1i3~i,.,.'f.!;;\ Zco~::" PAY":"" , , ~if;~t:::~F ~ V~ tl, U I"" \) P-ED "J. f $1' i-- ,..,',. ".- -L ~_o.C? "'"" J DOllARS , .. '6?J" , ... f --, '0".'" I"'"b.. - ",..,"-"'~'-'~"" ,..- f~['j:~~~- 7-:':;:-:'::;;-;:."" . .:':", wachaoIILoom .' .. . - ,,~O--? : .-/ ~~~'nJP;f1Z:e".61'P:H~i\I'<1 ." -'~~.. /'b JI":.:. ':':=,:=':':::,'~'," .. 11.'00 ~0~511'..:I:,d,~~dpo,Qi!JoI:~.ClP{)O~l;,Opg~"E:.~;I;': .:, ' ~- . . .. . March 27. 2007 Page 21 of 87 (i) - MIXED USE PROJECT PLAN (MUP) SUBMITTAL REQUIREMENTS LDC SECTION 2.03.07 N.3 and 2.03.07 1.3 Owners of property in the Boyshore Mixed Use District (BMUD) Neighborhood Commerciol (NC) ond Waterfront (W), along with the Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD) may petition the Board of County Commissioners for mixed use project approval. The application for MUP approval shall acknowledge that the owner shall not seek or request, and the County shall not thereafter grant or approve, any additional uses beyond those allowed in the C- 1 through C-3 zoning districts. SUBMITTAL 'REQUIREMENTS GENERAL APPLICATION To be completed in full and to include the required pre-application meeting notes. COVER LETTER A Project Narrative shall be provided that describes the character and intended use of the proposed project. ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403-2482, FAX (239) 659-5724 OWNER/AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM shall be provided as part of the submillal package. FEES Application and review fee in the amount of $1 500. Advertising Fees - In accordance with Resolution No. 2005-384, the applicant shall pay any legal advertising fees required during any CDES activity ond will be charged at actual costs. Agenda Item No. SA March 27, 2007 Page 22 of 87 Seven (7) sets of conceptual site plans prepared on a maximum size sheet measuring 24 X 36 inches, drawn to scale, containing the following information. 1. The project title, property owner, address and telephone number. 2. Legal description, scale, and north arrow. 3. Zoning designation of the subject site and adjacent sites and the proposed use of the subject site. 4. Location, configuration and dimensions, including height, of all buildings; and the location, figuration and dimensions of landscape buffers. 5. General location and configuration of parking and loading areas, and the directional movement of internal vehicle traffic. 6. Location of proposed access point(s) to the site and internal site circulation. 7. All required and provided setbacks and separations between structures in matrix form. a. Any additional relevant information as may be required by the County Manager or his designee. 9. Proposed density and unit types including any requests for density bonuses; proposed square footage of commercial uses, in matrix form. 10. The following statement: "This project will comply with all LDC requirements at time of submittal". One (1) a 1/2 X 11 copy of conceptual site plans. PUBUC .HEARINGREQUJRIiMENh . There shall be a public hearing before the Board of County Commissioners legally noticed and advertised pursuant to LDC section 10.03.05 G. If approved by the BCC, such approval shall be by resolution. ~ The Board of County Commissioners shall hold one advertised public hearing. ~ The public hearing shall be held at least 1 5 days after the day that an advertisement is published in the newspaper. ~ At least one Neighborhood Informational Meeting (NIM) shall be conducted by the applicant before the public hearing by the Board of County Commissioners. ~ Written notice of the NIM meeting shall be sent by the applicant to all property owners who are required to receive legal notification from the County pursuant to section 10.03.05 B.8 and 9. ~ The applicant shall display on advertisement, one-fourth page, in type no smaller than 12 point; which shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear. The ad shall be published no later than 7 days prior to the date of the neighborhood information meeting. ~ The applicant shall post an outdoor sign on the subject property at least ten (10) days prior to the date of the public hearing before the BCC pursuant to section 10.03.05 B.3.d.. Agenda Item No. SA March 27. 2007 Page 23 of 87 . CRfTERIAFQRiMlxel>.Q$E"OJECTAPPROVAL.. The following criteria must be met in order to gain approval for mixed use projects developed in accordance with provisions of mixed use overlay. 1. No less than 60 percent of all commercial uses within a mixed use project shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. 2. No more than 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to the construction of commercial uses so as to insure actual development of a mixed use project. 3. Mixed use projects shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transportation network. Whatever the pattern of the vehicular network, internal interconnections between uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. 4. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so os not to promote strip commercial development along external collector and arterial roadways. 5. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off-street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, commercial uses only shall be permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size. 6. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in LDC section 4.02.01 B. This requirement shall not apply to individual parcels less than 5 acres in size. MIXED USEPROJECT-.TIMEUM1TATJONS MUP approval shall expire and any residential density bonus units shall be null and void if any of the following occur: 1. MUP approval shall expire if SDP not submitted within six (6) months of MUP approval by the BCe. 2. The SDP is not deemed sufficient for review within 30 days of submittal. 3. The SOP under review is deemed withdrawn or cancelled pursuant to section 10.02.03 B.4.a. 4. The SOP is considered no longer valid, pursuant to section 10.02.03 B.4.b. and c. Loe sedion 2.03.07.N.3.d and 2.03.07 '.3.d. . '(),NU$;;:.j)e,s... Agenda Item No. SA March 27, 2007 ~ To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. (The density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted). ~ The project, if located in the Bayshore Mixed Use District, shall be within either the Neighborhood Commercial or Waterfront Subdistricts and shall be a mix of commercial and residential uses. ~ The project, if located in the Gateway Triangle Mixed Use District, shall be a mix of commercial and residential uses. ~ Base density shall be as per the underlying zoning district. ~ For proposed projects outside the Coastal High Hazard Area (CHHA) are in addition to the eligible density bonus. ~ For proposed projects within the CHHA, only the Affordable Housing Density Bonus is allowed in addition to the eligible bonus density units. ~ For projects located in the Gateway Triangle Mixed Use District the properties must be lying south of Davis Blvd. and west of Airport-Pulling Road. ~ The project shall comply with the standards for mixed use development set forth in the Gateway Triangle Mixed Use Overlay District or the Bayshore Mixed Use District. ~ For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and application FLUE Policies. LOC Section 2.03.07 N.3.e and 2.03.07 1.3.e Once a property owner, through an MUP approval, elects to develop or redevelop a mixed use proiect under the Bayshore Neighborhood Commercial (BMUO-NC)or Waterfront (BMUD-W) Subdistricts; or the Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD), then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlying zoning district. . . , ':":. - . MUP-2006-AR-10052 REV: 1 PROJECT 2006070016 DATE: 7/7106 DUE: 7/21/06 Treviso Bay Marina Club Bayshore Mixed Use District Mixed Use Project Application The Treviso Bay Marina Club ("Marina Club") is a mixed use project that will be built from the renovation of the existing Gulfshore Marina, located at 3470 Bayshore drive in Naples and will serve as an amenity to the Treviso Bay residential development. The Marina Club will continue to be used as a Dry Storage facility with up to 158 dry boat storage slips/bays (which is the same number of slips that may exist at the current facility). It is anticipated that it may accommodate boats up to 40 feet in length. The Marina Club will include a boater's club facility and (2) residential living units above grade. The residential units may be used for a dock master, as guest units or for other residential purposes. The Marina Club architecture and intended use is consistent with the intent of the Bayshore Overlay District The style of architecture reflects a Floridian Vernacular. This is evident from the Clock Tower you see on approach, to details such as gable roofs, louvered shutters, decorative brackets, roof railings, metal roofs, lapped siding, etc. As the building wraps the corners on the north and south sides, boat storage will covered and therefore, concealed from street and adjacent neighborhood view. All support services, equipment storage, boat cleaning, light maintenance and other necessary ancillary elements of the Marina Club will also be enclosed. Recognizing the scale of the project, the exterior articulation of the building responds to massing reduction while incorporating the architecture described above. ')\)\) 1.a'\1\\ami 1u.\\ ~., ~\l\\e 1.\)1 , ~a\>\ts, 'R.. ).\\~) P: 239.649.5300. r: 139.f:IA.~ .WWW.TrevisOBay.com ~ A VK CQMM\.)NIT't j~ It Oti1 , I I.~ ~I ,U- ~I 'l! ~ COWER COUNTY GOVERNMENT (i) DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COWERGOV.NET . ......... Agenda Item No. 8A March 27, 2007 Page 26 of 87 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 MIXED USE PROJECT A.PPLlCATlON (MUP) MUP AR NUMBER PROJECT NAME PROJECT NUMBER . DATE PROCESSED COORDINAnNG PLANNER [ MUP-2006-AR-10052 REV: 1 ] PROJECT 2006070016 DATE:7n~ DUE:7n1/06 Abov~ to be completed by staff J APPUCANT / OWNER INFORMA nON AGENT: t---1A.-.:r Joy^,,~ FIRM: C. t-1A-n-- L,v,...a1C'flL ~).. ~ftc:.~I~~ ADDUS5:qOlf lD"Oi'.4~ f\,..(. .'QLCIty~State Fl.- Zip ~l""2.. PHONE# 'ZLD1- I e.ct, CEU# FAX# 'Z~, -'5lD~~ E-MAIL ADDRESSty.\~f!!..."...&L~n~r.c!)f:.".. OWNER(S) NU\E: vk.. ~o 11'4 Cfi. ~f~ ~Y' ~""'ClJ MA... l...L C ADDRESSo~& ~P~. ~Ic..""~ w:I;. ~ ~~Q4S PHONE#(~) 7qo-(.p~ CELL#~'t~ M-1.-~q'7 FAX ~'2. 7qO-li.OlO E-MAIl ADDRESS: ~""" j ~~ ~ vk.~\.J~ (QPn-\~ 1"'\-4:. . C-DM ~ ct , PROPERTY LOCATION PROJECTNAME: 4 b~'-"I~ ~y M.4IZ..1H.... c-L\.J~ If this profec:t Iii located in a PUD or it has a Conditional Use or a Variance approved, please indicate the PUD name and/or CU or Variance Application Request # N/ ..,A. R.esolution # - SECTION/TOWNSHIP/RANGE: \4-QF-~tJ ~oa I '2SE. PROPERTY I.D.#S!J ~I ~~oo::> 7_ SU8DIVlSlON NAME: ~ U LF ~P..e.~ UNIT 8LOCK \. LOT t5 ~ LOCATION OF SUBJECT PROPERTY (proximity to closest major inter$ection or road): ~~, 0 ~S~~ ~. a~ w. ~N~ (),:. ~Y"I-t-~F- ~~ ~wc:V,~ 1- R'\J~.IIQ..AJ Current ZORiat Delignatio Type of Develop.ment Proposed: M' "t:::r\ Us.e:. Total Area of Proiect: # Unit5 '2 DenSI~.t..;;:~on- Residential Sq Ft: t~J tDP7 ,$.F. " ADJACENT ZONING/LAND USE I ZONING / LAND USE NorthC-C-&ra"CJJ,)-NC. ~p....~. ~M~D.. R.~ , East.3: - .4..::..e.m u c> - N C- . SOuthC-..-am\lo...:....e/ f2tnF-t;.... 6~\.JD-J1C. West ~ J=..-&s -am VO - ta.'t. ~t\I\e-~14l/~&'D ~"M.L r ~lI"'\&ft)~..I4 ~ ~~..L ~Ol!'M -n.L. MUP-2006-AR-10052 REV: 1 PROJECT 2006070016 DATE: 7"/06 DUE:7~1/06 3574535 OR: 37~ierPn~tet51o? 8A MMch L.I ~007 RlCOtDlD il DllIeIAL RlCORDS of COLL~I~Qll1Y~f!j7 03/11/Z005 at 02:01P1 BIIGB! I. B10Cl, CLIBI COIS 5050000.00 RlC 01 27.00 DOC.. 70 35350.00 This instrument prepared without benefit oftitle examination ortitle opinion by: MICHAEL J, VOLPE, ESQUIRE Robins, Kaplan, Miller & Ciresi, LLP 711 Fifth A venue South, Suite 201 Naples, Florida 34102 tetn: PORflI mm If 1L 5801 PlLlCAI BIt BLVD '300 IAPLlS PL 3U08 270J wARRANTY DEED THIS INDENTURE, made this 10th day of Mmch, 2005, between GULF SHORES MARINA, L.L.C., A Florida Limited Liability Company, whose adchess is 3470 Bayshore Dtive, Naples, Flolida 34112, GRANTOR, and VK HOLDINGS TREVISO BAY MARINA, LLC, a Florida Limited Liability Company whose Taxpayer ID Number is 20-1138294, and whose address is 19275 W. Capitol Dlive, Suite 100. Brookfield, Wisconsin 5.3045, GRANTEE- (Wherever used herein, the terms "GIantol" and "GIantee" include all parties to this insttument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of COIpOIations.) WITNESSETH, That said Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GIantee, forever the following desczibed land, situate, lying and being in Collier County, FloIida, to-wit: . PARCEL A Lots 27 and 28, Block 4 and Lots 1 and 2, Block 5, Gulf Shores, according to the plat thereof, r'ecoI'ded in Plat Book 4, Page 50, of the Public Records of Collier County, Florida. PARCEL B Lots 3 and 4, Block 5, Gulf Shor'es, according to the plat theI'e~f, J'ecor'ded in Plat Book 4~ Page 50, of the Public Records of Collier County, Florida. PARCEL C Lot 25, Block 4, Gulf Shores, according to the plat ther'eof, record in Plat Book 4, Page 50, of the Public Records of Collier' County, Florida. PARCEL D Lot 26, Block 4, GnU'Shor'es, according to the plat ther'eo!, recorded in Plat Book 4, Page 50, of the Public Records of Collier County, Florida. Parcel Identification Number 48173280007 TOGETHER with all the tenements, hereditaments and appUItenances thereto belonging or in anywise appeltaining. Word 65028345 3 , OR: 3751 ~~da1~o. 8A March 27, 2007 Page 28 of 87 SUBJECT TO covenants, easements and other restrictions cori:unon to the subdivision, and real estate taxes for the year 2005 and all subsequent yem!. and said Grantor does hereby fully wmrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed in its name by its Co-Managers the day and year first above written. Signed, sealed and delivered in our presence: Signed, sealed and delivered in our presence: Wi ess ....7/.rtl1i.r?,,- J ?/Cft:t/S!:.' Typed or printed name GULF SHORES MARINA, L.L.C., A Florida Limited Liability Company ~a~--. KENNETH A. MAIN, IT. As Co-Manager with full power and authority to bind the Company GULF SHORES MARINA, L.L.C., A Ft~rld. Umited ~ ~mp.ny ~ -(SEAL) "51'EP C. MAIN, as Co-Managel' with full power and authority to bind . the Company , tit OR: 375}\g~t~~~.o~~t Page 29 of 87 S I A TE OF FLORIDA COUNTY OF COLLIER ~ The foregoing mstu1ffient was acknowledged before me this 10 - day of March, 2005, by KENNETH A. MAIN, II, as Co-Manager, of GULF SHORES MARINA, LL.C., a Florida ~ ~ompany, who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath, NOTE: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instrument did take an oath. M~ .,.";:...,.'. ~ " . &/~d~_ i1 ~~' t~~ CARLOITAS,MENARD Signature to: :*i MY COMMISSION 100 173310 li~ '1 EXPIRES: Oealmber 22, 2006 ~I ~...~ . BordocIllvubry............. (Type 01' print name of Notary) STATEOFFL~ COUNTY OF .f;L . The foregoing instrument was acknowledged before me this /0- day of March, 2005, by STEPHEN C. MAIN, as Co-Manager, of GULF SHORES MARINA, L.L.C., .8 Florida Linpted Liability Company, who is personally known to me or who has produced ~ ~ (type of identification) as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the pen;on(s) executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instnnnent did take an oath.. ~,'/~- SignatuIe. My Commission Expires: '~~"I""""""'~" ~ '-'."" CAO'''''''- ,~,~. tV.f;;, fYLVl I"A S. MENARD !i.r./i..i ':~ MYCOWlSSIQNlOO173310 ~~~ EXPIRES; Decanber22. 2006 .. .';(t~.~'" 90ndId 1lIu Nc:Ury PlDIa I.JndMdtrs .' .. (Type or print name ofNotaIy) Word 650283453 ----~ --~ Agenda Item No. SA March 27, 2007 MUP-2006-AR-10052ge 30 of ac-V: 1 PROJECT 2006070016 DATE: 7/7/06 DUE: 7/21/06 LETTER OF AUTHORIZATION I hereby authorize C. Matt Joyner, P.A. Architects to serve as Agent in the permitting process for the Treviso Bay Marina submittal. t:bl"; dQ STATE OF Wi8COH8fN COUNTY OF <!.D lno( r VK. Holdings Treviso Bay Marina, LLC A Florida Limited Liability Company By: ~7)'~"b Name: Title: Sanjay Kuttemperoor Vice President Address: 19275 West Capitol Drive Brookfield, Wisconsin 53045 Tele: 1-262-790-6000 The foregoing instrument was acknowledged before me this !lcftk day of -:sun€. , 2006, by Sanjay Kuttemperoor who is nersonallv known to me or had produced as identification and who did (did not) take an oath. (SEAL) ~t..&~............................ "-. LEIGH FULTS . _ CiMInIIl ODO.2743at : . . ... UN1I2OO7 I L.~:.-......~'=-t~, II .. ...1 of r stamped name of Notary) . ,t..genda Item No. S.t.. r\i1arch 27, 2007 Page 31 of 87 CONSENT OF MANAGER OF VK MEMBER HOLDINGS, LLC The undersigned, as the manager of VK MEMBER HOLDINGS, LLC, a F 100ida limited liability company (the "Company"), whose principal place of business is located at 19275 W. Capitol Drive, Brookfield, WI 53045-2710 hereby adopts and consents to the following resolutions pursuant to the provisions of the Operating Agreement of the Company. WHEREAS, the undersigned deems it in the best interests of the Company to delegate the authority to individuals on behalf of the Company to sign documents and take actions they deem to be in the best interests of the Company. NOW, THEREFORE, BE IT RESOLVED, that each of the duly appointed officers of the Company consisting of the President and each Vice President, of the Company are authorized for and on behalf of the Company, to execute and deliver' such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and such other documents that each of them deems to be in the best interests of the Company. The signature of either the President or anyone of the Vice Presidents of the Company appearing on any of the foregoing shall be conclusive evidence of the Company's approval thereof FURTHER RESOLVED, that the current officers of the Company are: Vincent KuttemperooI' Sanjay Kuttemperoor Ajay Kutternperoor Sanjay Kuttemperoor President Vice President Vice President Secretary FURTHER RESOLVED, that the foregoing delegation of authority is not exclusive and that the undersigned manager reserves the right to exercise his authority as manager notwithstanding this dele,gatian of authority. The undersigned manager hereby ratifies and appl'Oves any such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and other documents executed by Vincent Kuttemperoor as President, Sanjay Kuttemperoor as Vice Pr'esident and/OI Ajay Kuttemperoor as Vice President prior to the date of this consent and affums that they are the valid and binding obligations of the Company., That the foregoing resolutions and the authority thereby conferred shall remain in full force and effect until the Company's notice to the contrary in writing to such person and any third person who has relied thereon, and such person may conclusively presume that such resolutions and signatures are in effect, IN WITNESS WHEREOF, the undeI'signed manager has executed this consent as of the i!:r day of J"""""'1 ' 2005. ~,I Vincent KuttemperooJ. Manager REV. 2 MUP-2006-AR-I0052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA -- Agenda Item No. 8A March 27, 2007 Page 32 of 87 CONSENT OF MANAGER OF VI{ HOLDINGS TREVISO BAY MARJNA, LLC The undersigned, as the manager ofVK HOLDINGS lREVISO BAY MARINA, LLC, a FlOIidalimited liability company (the "Company"), whose principal place of business is located at 19275 W. Capitol Drive, Brookfield, WI 53045-2710 hereby adopts and consents to the following resolutions pursuant to the provisions of the Operating Agreement of the Company. WHEREAS, the undersigned deems it in the best interests of the Company to delegate the authority to individuals on behalf of the Company to sign documents and take actions they deem to be in tbe best interests of the Company.. NOW, THEREFORE, BE II RESOLVED, that each of the duly appointed officers of the Company consisting of the President and each Vice President, of the Company are authorized for and on behalf of the Company, to execute and deliver such agreements, instI uments, guaranties, notes, mOItgages, pledges, banking documents, loan documents, offers to puichase, deeds, plats, and such other documents that each of them deems to be in the best interests of the Company. The signature of either the President 01' anyone of the Vice Presidents of the Company appearing on any of the foregoing shall be conclusive evidence of the Company's approval thereof FURTHER RESOLVED, that the current officers of the Company are: Vincent Kuttemperoor San jay KuttemperooI Ajay KuttemperOOI Sanjay KuttemperOOI PIesident Vice President Vice PIesident Secretary FURTHER RESOLVED, that the foregoing delegation of authority is not exclusive and that the undersigned manager reserves the right to exeIcise his authority as manager notwithstanding this delegation of author ity, The undersigned manager hereby ratifies and approves any such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and other documents executed by Vincent Kuttemperoor as President, Sanjay Kuttemperoor as Vice President and/or Ajay Kuttemperoor as Vice President prior to the date of this consent and affirms that they are the valid and binding obligations of the Company.. That the foregoing resolutions and the authority thereby conferred shall remain in fulJ force and effect until the Company's notice to the contrary in writing to such person and any third person who has relied thereon, and such person may conclusively presume that such resolutions and signatures are in effect.. IN WITNESS WHEREOF, the undersigned manager has executed this consent as of the L day of J.......t..., ' 200).' DEPARTMENT OF THE .ARMY JACKSONVILLE DISTRICT CORI'S OF ENGINEERS FORT MYERS REGUlATOR'a OFFICE 152D ROYAl PALM SQUARE BOULE'\.ARD,SUrIE 310 FORT MYERS FlORIDA 33919 Aoenda Item No, SA ~ March 27, 2007 Page 33 of 87 March 2, 2005 Regulatory ~ivision South Permits Branch/West Permits Section Fort Myers Regulatory Office SAJ-2003-7585 (LOP-COC) --REV. 2--- Gulf Shores Marina, LLC C/o Kenneth A Main II, Manager 3470 Bayshore Drive Naples, Florida 34112 MUP-2006-AR-I0052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA Dear Mr Main: This is in reference to your request for a permit to perform work in or affecting waters of the United States Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899, mY are al.fthorized to r~lace the existing marginal dockage.along the seawall at Gulf Sliores....(;farTria~wjtfj..ffoatirig't ~ marginal docks along the seawalL~The project is located on 1.48 acres of uplands, on an unnamed manmade canal and terminal basin that lead to Haldeman Creek, to Naples Bay, in Section 14, Township 50 South, and Range 25 East, at 3470 Bayshore Drive, Naples, Florida, Latitude: 260 01' 16" North, Longitude: 81' 46' 15" West The floating docks would be identical on each side of the canal and basin and would be 112' x 5', plus an 8' x 15' platform with a 4' x 15' ramp leading to it, for a total or approximately 240 linear feet (1,380 square feet) of over-water structures, The Standard Manatee Construction Guidelines of 2001 shall be used, In accordance with the enclosed project plans (Attachment A - 8 pages dated 12 April 2004), Department of Environmental Protection Permit Number 11-0177-46-002- ES04 (Attachment B - 4 pages), General Conditions (Attachment C - 4 pages), Special Conditions (Attachment D - 1 page), "Standard Manatee Construction Conditions" (Attachment E - 5 pages), Self-Certification Statement of Compliance (Attachment F- 1 Page), and As-Built Certification (Attachment G - 3 Pages); which are incorporated in, and made a part of, the permit. Enclosed is a Notice of Authorization (yellow placard), which should be displayed at the construction site When you begin work you must notify the District Engineer's representative, in writing, at the letterhead address of: Agenda Item No. 8A March 27, 2007 Page 34 of 87 SAJ-2003-7585 (LOP-CDC) Gulf Shores Marina 2 a. The date of commencement of work; b, The dates of work suspensions and resumptions if work is suspended over a week; and; c The date of final completion, If the work authorized is not completed on or before March 2. 2010 I this authorization, if not previously revoked or specifically extended, shall cease and be null and void You are hereby advised that you may accept or appeal this permit.. Enclosed is a combined appeal options and request for appeal form (2 pages) that identifies your rights and options regarding the administrative appeal of this decision Any objections to the enclosed permit must be received by the District Engineer within 60 days of the date of this letter, or you will forfeit your right to appeal the permit in the future, Attached is a two-page customer service survey form. If you have any comments on the service you have received during the evaluation of this application, please return the survey to the letterhead address BY AUTHORITY OF THE SECRETARY OF THE ARMY: /~ !J . ~ / ~ Ro ert M. Ca;p~"'" C lone!, US, Iply-. District Engineer THIS PERMIT CONTAINS 7 ATTACHMENTS, TOTALING 26 PAGES Attachment A - PERMIT DRAWINGS (8 Pages dated 12 April 2004) Attachment B - WATER QUALITY CERTIFICATION (Florida Department of Environmental Protection permit #11-0 177046-002) in accordance with the General Condition number 5 on page 2 of this DA permit - 4 Pages) Attachment C - GENERAL CONDITIONS (4 pages) Attachment 0 - SPECIAL CONDITIONS (1 page) Attachment E - STANDARD MANATEE CONSTRUCTION CONDITIONS (5 pages) Attachment F - SELF-CERTIFICATION STATEMENT OF COMPLIANCE (1 Page) Attachment G - AS-BUILT CERTIFICATION (3 Pages) Copy furnished (w/o enclosures) Agenda Item No. SA March 27, 2007 Page 35 of 87 SAJ-2003-7585 (LOP-COC) Gulf Shores Marina 3 Copy furnished (w/o enclosures) FDEP; Fort Myers, FL (11-0177-46-002-ES04) Christian Spilker Turrell & Associates, Inc 3584 Exchange Avenue, Suite B Naples, Florida 34104 CESAJ-RD. E Reading Copy \.ppLicant: Gulf Shores Mmina, LLC \. ttac hed is: <;. I INITIAL PROFFERED PERlvflT (Standard Permit or Letter of ermission") PROFFERED PERMIT (Standard Permit 01 Letter of emlission) 1 PERMIT DENIAL ,I\PPROVED JURISDICTIONAL DETERMINATION PRELIMINARY J\JRlSDICTION.A..L DETERMINATION Agenda Item No, SA ".., "7 ection below A B C D E t~~~~]f!~j~!~~!~~~Iftfli~t:~J1}r~i~~(~~;~~~~~rr?- \: .L'-TITIAl PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If YOll received a Standard Permit, you may sign the permit document and retum it to the district engineer fOt final authorization If you received a Letter oTPermission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit OB TECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein., you may request that the permit be modified accordingly You must complete Section II of this form and return the form to the district engineer Your objections must be received by the district engineer within 60 days of the date of this notice. or you will forfeit your right to appeal the permit in the future Upon receipt of your letter, the district engineer will evaluate yOU! objections and may: (a) modifY the permit to address all of your concerns, (b) modify the permit to address some OfyOUI objections, or eel not modify the permiT having determined that the pel mit should be issued as previously wr itten After evaluating your objections, the districT engineer"" ill send YOll a proffered permit for yom reconsideration, as indicated in Section B below" :5: PROFFERED PER.J.vIIT: Yau may accept or appeal the permit ACCEP T: If you received a Standard Permit, you may sign the permit docum~nt and return it to the district engineer for final authorization If you I eceived a letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the SIandar d Permit 01 acceptance of the lOP means that you accept the permit in its entirety, and wai ve all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit, APPEt..l: If you choose to decline the proffered permit (Standard or LOP) because of certain tenns and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer This fann must be received by the division engineer within 60 days of the date of this notice c: PERJvlIT DENL6...L: Yau may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process JY completing Section II of this form and sending the form to the division engineer This form must be received by the division =ngineer within 60 days of the date of this notice D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new infoID1ation . ACCEPT: You do not need to notii)' the Corps to accept an approved TO Failure to notifY the Corps within 60 days of the date of this norice, means that you accept the approved TO in its entirety, and waive all lights to appeal the approved TO .:....PPE.'\L: If YOll disagree with the approved TO, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this foml and sending the form to the division engineer This form must be recei\,ed by the division engineer within 60 days of the date ofthis notice E.:.. PRELLMINARY JURISDICTIONAL DETERMINATION: You do l10tneed to respond to the Corps rding the preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved YD ly"hich may be appealed), by contacting the Corps district fOI further instruction. Also you may provide ne'\\ information fel! further consideration by the Corps to reevaluate the Tn Agenda Item No. S/\ f\!1;::m-:h ?7. ::;>007 ;ECTIONIl - REQUESTFORAPPEAl orOBJECTIONS;rOANill\TITIAL-PROFEEREDPER.N1!flge 37 of 8, U:ASONS FOR APPEAL OR OBJECTIONS: (DescIibe YOUlleasons for appealing the decision 01 your objections to an litia! plOffered permit in cleal concise statements YOLl may attach additional information to this fornno clarify where your reasons IT objections are addressed in the administ! ative record) ADDITIONAL fN FORJvlATJ ON: The appeal is limited to a review of the administrative record, the Corps memorandum for the I eeor d of the appeal confe: ence or meeting, and any supplemental information that the review officer has determined is needed to cJaT if) the administrative record Neither the appeliant nor the Corps may add new information or analyses to the record However, VOll may provide additional information to clarify the location of information that is already in the administrative record, POINT OF CONT CT. FOR. ".UESTIO.NS...O:n.n,TC'Q.R1""A""':crTO"".,..'.,.",.,...,.,.,""'c,;,.,oi..".... ,'-".' ,.;..,:"',, ... ;...c,. :,., ... " , _ . 1..: .' . ,.' .A.. "": V. .:_ _- ", ',,_ "!)..,~l~r.. "1..Vlritl'.l".'!l:N,::::s_::~~~~.!:~:'~.:',<...;::i,::. ,,:~,J~~;-1,:'-iI~.~. :'~"--' _'. ,..'<_~'; '_':'>"_ .~.. ......:~>~,_; '_......" If you have q'.lestiOfls regarding this decision andlor the appeal If you only have questions regarding the appeal process you may process you may com:act: also contact: MI Sklp Bergmann ltelephone 239-334-1975) MI Charles Sclmepel (telephone 813-769-7071) US A.nn) Corps of Engineers, Jacksonville District US Army Corps of Engineers, Jacksonville District F art Myers Regu lator)' Office I ampa Regulatory Office 1520 Royal Palm SqU'lJ e Bou leva! d; Suire 3 J 0 10117 Princess Palm Drive, Suite 120 Fort Myers, Florida 33919 Tampa, Florida 33610 R1GHT OF EN 1 RY: Your signan:re below grants the right of entry to Corps of Engineers personnel, and any government CJr:sll~rants 10 condllct lnvestigations of the project site during the course of the appeal process YOl': will be provided a 15 daJ l10rice or ::my siteim.estigation, and will have the opportunity to participate in all site investigations, Date: Telephone number: Signature of appellant or agent. NOTICE OF AUTHORIZATION Agenda Item No. SA March 27,2007 Page 38 of 87 Agenda Item No. S.D.. March 27,2007 Page 39 of 87 i\.TT.l~CHl\1ENT A PERMIT DRA \VINGS (8 pages dated 12 April 2004) gl600 -0,- "',JO "0 B::: Sj '<j' (l).J:: (l) ......l.)0l ,-CO COCOa.. -g2: (l) OJ ~ 1';<':;:-' ..,,-,-:=~~;g~. .",'. .:. ~',:~,~' _~t.':~~' -~W-..~~~~~,~~~:~~\~:~<;~f~~;~,~ ,:'''-i """~i~ ...:;:-- ,,:,,;"""\'\~~;'\"~ ~~ EcCS",J J' ~~~ rt;.~ :~...~~L~: i1T.~...Cl6th"'~ ci ~'.'.' ", .-,:Xl ::> ~! '<<:: .r.;,._.~~ o;$,; l!LJ i;;1 ~'. ';1" '. ~ ~ :::, t4.: ~ '. ',' ~. "Chi i . , '''Cr,'' ": . ...... ,-,,---".-' ~: f ",,, - "'''''0'' ,,'~' " ',-, - .." ~ ti;"~~l{;r ~:;~fi!~;]i;j,tt ~ d c..-.. J ,..- O( o j lJ~ [l o [lJ 1= d I .._~ (f) ---.---- c: ( ~J 6- ~ r;;;: r;.;; "!. ;'"" 1= ~ ? ~ o <( a.. ;2" )/V ~%:-V) y' ,t .I ./ / i / ./ / / ~ rr r.f ~\ >- w ::::: , \ \ \ \ " " , \., Of ti ~ ww ~ "-- mo ?c;: . 'IF ,f"= h ~, d' ():. () Ell, __.::l!. 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Agenda Item No. SA March 27, 2007 Page 49 of 87 A TT ACHl\1ENT B FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PERl\1IT SPECIFIC CONDITIONS (4 pages from #11-0177-46-002-ES04) <(1'-1'- 22..0 CO ~ Q- J 0 -0 t: N L!1 (I)..c (!) .::::eg> COCOa.. 2::2: (I) O'l <( 1 u ~" IlOOl>lO!l I -L.).J I 133WOS NIS'ofB = ~c or "',,-9- .., ;:-@/-@- w '-' 0 - ",P'" _ ~ ~~~i:~ i== i!5 "'~ ~o~~~ ..~ :IE ::E " -' .. ~ g t=":' en 0 <l...l.t!L a:! +.-T/ !Ii -'-' 9 w ... il_ !i- "'~ _ a: _ _ [J/ ~ ---~- ~ / ~ III ~~ i ~ Nt~nw -9 ~ 111\ I I I '" ::E i =t.~~~~~. ONIEO,~-"1I11 a: ~~- -:5- ~ - g ~~ 1 - ~ 0 ~te= ~~e:=,;te~:e= =e ~ = N == rD 1Il! w ~ ~ ot ,t7;\ot -w U. 3-15- 1--~-~-:5~~"'I":'i ~ -~ ~ c-- _ -ili_ I--~_ _~~ ~g; ~ -~ f-- _ _ >-- ~ \-- _~~ _ ~ -\: I~ = ~= k~~5~ =pL~! · ~ :~ I ~- /~ il~~~/ I I\~ == I ~ I ~ A";Y l:! )AIlIO 1I.3V1)>lVl i-- I J: a: V j 't:)1 I T T T - - f--- i-- - !;:: I-;- w' -~~ 0 o ~~o -.. i-- 6 ~ t;;;t~ -I:'--::l ><...ts - ~ i-- :IE ~c -!)i_a:! (Jet: _CD_ c9 ~- -!i - ,.-- /a: ~ a: c ::l :IE a:! rD U. ::E a: - - - -T- -g-- =t= -r I - - II IIIJI I - -- === -- -== I ~-- w_ ::l~_~ ;z "'_- '" - I:':'~- ~~- "'-- -- ==== -- -- -- -- JW:lS Ql "'" / Z- - ~ Il ~ ~ e II c ;;; J DI I i II! !: I ...... -- .. ::l :II D- <C ~ C) Z - Z o N N 10 o o - 0: < , CD o o N I n. ;:) 2 .. z o !:: I- W n. a.. <C :E z o - I- <C U o ...J Department of Environmental Protection Agenda Item No. SA March'27, 2007 Page51 ()f 87 Jeb Bush Govemor South District P.O. Box 25-f9 Fort Myers. Florida 33902.2549 David B.. Strum , secretiry SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM ENVIRONMENTAL RESOURCE PERMIT REV. 2 CERl'll'Uill MAIL NO.. 7003 10100004 1397 2109 RETURN RECEIPT REQUESTED MUP-2006-AR-I0052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA PERMITTEFJAUTHORIZED ENTITY: A & D Enterprises of Naples Inc. ____ c/o Mr" Michael Hawkins TUII'ell & Associates Inc, 3584 Exchange Ave Suite B Naples Florida 34104 Permit/Authorization Number: 11-0177046-002 Date of Issue: December 22, 2003, Expiration Date of Construction Phase: December 22, 2008 County: Collier Project: construct 1,381 sq. ft. of commercial dock for an existing marina facility , This permit is issued under the authority of Part IV of Chapter 373, Florida Statut~ (F.S.), . and Title 62. Florida Administrative Code (F.A,C.). The activity is not exempt from the requirement to obtain a Environmental Resource Permit. Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62- 113, FA c.., the Department is responsible foI' reviewing and taking final agency action on this activity. The State of Florida herein notifies the U ,S. Army Corps of EngineelS and any other interested parties that this permit is issued under the "net improvement" provision of Section 403.918(2)(b), Florida Statutes, and does not constitute a Federal Watel Quality Certification. Where applicable (such as activities in coastal counties), issuance of the environmental resource permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act. The Title and Land Records Section, Department of Environmental PlOtection. has reviewed the location of the proposed project as described in the above referenced application and has determined that the plOject, as described, does not involve the use of sovereign submerged lands. Accordingly, no further authorization will be required from the Submerged Lands and ~'More Protection. Less Process" Printed On rccyded paper. Agenda Item,No.. 8A , March 27, 2007, ' Pag,e :5~ ~f ~7 Permittee: Mr.. Keith Main IT I A&D Enterprises of Naples Ine.. . Permit No. 11-0177046-002 Page 2 of 11 .. Environmental Resources Program. designated agent to the Board ofTIUStees of the Interrial Improvement Trost Fund, pursuant to Chapter 253..n. F.S. A copy of this authorization also has been sent to the U.s. Army Corps of Engineers (USACOE) for review. The USACOE may Iequire a separate permit FailUIeto obtain this authorization prior to construction could subject you to enforcement action by the USACOE. You , are hereby advised that authOIizations also may be required by other federal. state and local e~tities. ' This authorization does not relieve you from the requirements to obtain all other required permits ' and authOIizations. The above named Permittee is hereby authorized to construct the wOIk shown on the , application and approved drawing(s), plans and other documents attached hereto OI' on fil~. with the ' Department and made a part hereof. This permit is subject to the limits, conditions, and locations of work shown in the attached drawings, and is also subject to the attached 1 - 19 Generlll and 1 - 14 Specific Conditions, which are a binding part of this permit. You are advised to read and understand these drawings and conditions pdor to commencing the authorized activities, and to ensure the work is conducted in confonnance with all the terms, conditions and dIawings. If you are utilizing a contractor, the contractor also should read and understand these drawings and conditions plior to commencing the authorized activities. Failwe to comply with all drawings and conditions shall constitute grounds for Ievocation of the permit and appropriate enforcement action. Operation of the facility is not authorized except when deteIIDined to be in conformance with all applicable IUles and with the genetal and specific conditions of this pennitlceltificationlauthorization. as specifically described below. ACTIVITY DESCRlPTION: ,'fatQ'CQ.Nct:t.o'~,doCb~'t.utiq.ft:~;~,..""'.':t .-a.J.?tO~"": " ., " , ACTIVITY LOCATION: Located 2818 Lakeview Drive, Collier County, Section 14. Township 50 South. Range 25 East. Class ill Waters GENERAL CONDITIONS: 1. All activities authorized by this permit shall be implemented as set forth in the plans. specifications and perfolmance CIiteria as approved by this petmit.. Any deviation from the permitted activity and the conditions for un~ng that activity shall constitute a violation of this permit and a violation of PaIt FOUl of Chapter 373, Flotida Statutes (F.S.). Agenda Item No, 8A March 27, 2007 , Page 53 of 87 , Permittee: MI'., Keith Main II I A&D Enterprises of Naples Inc. Permit No. 11-0177046-002 Page 3 of 11 2_ This pennit or a copy thereof, complete with all conditions, attachments, exhibits, ~d modifications shall be kept at the work site of the pemri~d activity. The complete permit. shalf be . available for review at the work site upon request by the Department staff.. The permittee shall require the contractor to review the complete pennit prior to commencement of the activity " authorized by this pennit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management . practices for erosion and pollution control to prevent violations of state water quality standaIds. Temporary erosion control shall be implemented prior to and during construction, and permanent contIol measUles shall be completed within seven (7) days of any construction activity. Turbidity barrieIs shall be installed and maintained at all locations where the possibility of transfem.ng : suspended solids into the receiving waterbody exists due to the pexmitted work. Turbiditybauiers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established All practices shall be in accordance with the guidelines and specifications described in Chapter Six of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall conect any erosion or shoaling that causes adverse impacts to the water resources, 4. The permittee shall notify the Depaztment of the anticipated construction start date within' thirty (.30) days of the date that this permit is issued. At least forty-eight (48) hours prior to commencement of the activity authorized by this permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3). Florida Administrative Code (F.A.C.)) indicating the actual staIt date and expected completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report FOlm" (Form No. 62,.343,.900(4), FAC.). Status Report Forms shall be submitted the following June of each ~eaI'. 6. Within thirty (30) days a'ter completion of construction of the permitted activity, the permittee shall submit a written statement of -completion and certification by a registered professional engineer or other appropriate individual as authorized by law utilizing the supplied "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.AC.)., The Statement of completion and certification shall be based on on-site observation of construction 01' review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notifY the Department that the system is ready for inspection. Additionally, if deviations from the approved drawings are discovered dwing the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations note_ Both the original and revised specifications must be clear.ly shown. The plans must be clearly labeled as "as-built" or Agenda Item No, SA March 27,2007 Page 54 of 87 Permittee: MI'. Keith Main IT I A&D EntexpIises of Naples Ine. PeImit No. 11-0177046-002 Page 4 of 11 . 'Irecord" drawing~ All surveyed dimensions and elevations shall be certified by a registered. , sUIveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition number six (6) above, has submitted a "RequeSt for Transfer of Environmental Resource Pennit Construction Phase to Oper'8tion Phase" (Form 62-343.900(7), F .A.C.); the Department determines the system to be in compli~ce with ,~~ ..' permitted plans and specifications; and the entity approved by the Department in accordance With Sections 9,0 and 10.0 of the Basis of Review for Environmental Resource Permit Applicati~ns Within the South Florida Water Management District-AugUst 1995, accepts responsibility for' opelation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the pennit beComes effective. ' Following inspection and approval of the ~tted system by the Department, the permittee shall initiate transfer of permit to the approved Icsponsible operation entity if different ftom the permittee. Until the permit is transferred pursuant to Section 62-343.110(1)(d), F.A.Cn, the permittee shall be liable for compliance with the terms of the permit 8.. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions pdoI'to the initiation of the pe:nnitted use of site infrastructure located within the area selved by that portion or phase of the system. Each ' phase or independent portion of the system must by completed in accordance with the pet:initted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the . phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement 01' deed restriction in order to enable that entity to ,operate or maintain the system in conformance with this permit, such easement or deed reSlIiction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Bnviroiunental Resource Pemlit Applications Within the South FlOIida Water Management District-August 1995. priOr to lot or unit sales or prior to the completion of the syste~ whichever occurs fust Other documents conceming the establishment and authority of the operation entity must be f1led with the Secretary , of State where appropIiate. For those systems which are proposed to be maintained by the coUnty 01' municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government . entity.. Failure to submit the appropriate final documents wiU result in the permittee remaining liable fOI carrying out maintenance and operation of the permitted system and any other permit conditions.. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a peIInit modification is required. Aaenda Item 1\10, SA ~ fv'1arch27,2007 Page 55 of 87 . Permittee: Mr. Keith Main n I A&D Enterprises of Naples Inc. PermitNou 11-0177046-002 Page 5 of 11 11. This permit does not eliminate the necessity to obtain any required fedezal, state, local , and special district authorizations prior to the start of any activity approved by this permit."Tbis .. permit does not convey to the permittee or create in the permittee any property right, 'or any inteiest ' in real property. nor does it authorize any entrance upon or activities on property which is not' ': owned or controlled by the permittee, 01' convey any rights or privileges other than those specified in the pemrit and Chaptet 4OE-4 or Chapter 4OE-40, F,.A.C. 12. The permittee is hereby advised that Section 253.77 t F.S . states that a person may not commence any excavation, construction, or other activity invol ving the use of sovereign or other lands of the state~ the title to which is vested in the Board of Trustees of the Internal Improvement TIllst Fund without obtaining the required lease, license, easement, or other form of cO~sent u . authorizing the proposed use.. Therefore, the permittee is responsible for obtaining any necessaIy authorization from the Board of Trustees prior to commencing activity on sovereignty lands or othez state owned lands. ' 13. The permittee is advised that the roles of the South Florida Water Management District require the permittee to obtain a water use permit from the South Florida Water Management District prior to construction dewatering, unless the work qualifies for a general permit pursuant to subsection 4OE-20,302(4), F.A.C., also known as the "No Notice" rule.. 14. The permittee shall hold and save the. Department harmless from any and all damages, claims, or liabilities which may arise by reason of the constIuction, alteration, operation. maintenance, removal, abandonment or use of any system authorized. by this permit. 15. Any delineation of the extent of a wetland or other surface water s~mitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal detezmination under Section 373.421(2).. F.,S., provides otherwise, 16. The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other uansfer of ownership or control of a permitted system or the real property on which the permitted system is located, All tIansfers of ownership or tImsfers of a permit are ' subject to the'requirements of Section 62-343.130, F.A.C. The permittee uansferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale. conveyance or other transfer of the system.. 17. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate Department office. Agenda Item No, 8A March 27, 2007 , Page 56 qf 87 '. Pennittee: Mr. Keith Main II I A&D Enterprises of Naples Inc. Permit No. il-Ol77046-002 Page 6 of 11 19. The peImittee shall immediately notify the Depmtment in writing of any previousiy submitted information that is later discovered to be inaccur8.te. SPECIFIC CONDITIONS: MANATEE PROTECTION: 1. The perniittee shall comply with the following manatee protection constIuction conditions: a.. The permittee shall instIl,lct all personnel associated with the project of the potenti31.' " ' . presence of manatees and the need to avoid collisions with manatees,. All constIuction personnel are ';' ',' ..' responsible for observing water-related activities for the presence of manatees. ".,' b. The permittee shall advise all construction personnel that there 8re civil and ainiinal penalties for harming, harassing, or killing manatees, which are protected under the Marine' ,Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act.. c,. Siltation barriers shall be made of material in which manatees -cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entrapment. ' Baniers milst not block manatee entry to or exit from essential habitat. d. All vessels associated with the construction project shall operate at no wake/idIe speeds at all times while in the construction mea and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom., All vessels will follow routes of deep water whenever possible, e. If a manatee is sighted within 100 ymOs of the project area, precautions shall be implemented by the permittee and the contractor to ensure protection of manatees. These precautions shall include not opeIating any equipment closer than SO feet to a manatee, and immedhltely shutting down equipment if a manatee comes within SO feet of the equipment: Activities wili not resume until the manatees have depmted the project area of their own volition. . f. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at 1-888-404-FWCC (1-888-404-3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for North Florida or in Vero Beach (1-561-562-3909) for South Florida. goo Temporary signs concerning manatees shall be posted plioI' to and during all construction/dredging activities,. All signs are to be removed by the pennittee upon completion of the project A sign measuring at least three feet by four feet which reads "Caution: Manatee Areri' shall be posted in a location prominently visible to water related construction crews. A second sign Agenda ,Item No. 8A Mar.ch 27, 200.7 Page 57 of 87 Permittee: Mr, Keith Main II I A&D Enterpdses of Naples Inc. PeImit No. 11-0177046-002 Page 7 of 11 shall be posted if vessels are associated with the construction and shall be placed visible to the vessel operator.. The second sign shall be at least 8 1/2 inches by 11 inches and read: . . Caution.~ M~atee Habitat. Idle speed is required if operating a vessel in the' con~truction area, AU equipment mu.st,be shutdown if a manatee comes within 50 feet of the operation. Any collision with and/or injury to a manatee shall be repolted immediately to the FWC Hotline at 1-888-404-FWCC (1-888404-3922).. The U.s.., Fish and Wildlife Service should also be contacted in lacbonville (1-904-232-2580) for North Florida or in Vero Beach (1-561-562-3909) foT' South Florida. ' Specific information on obtaining these signs may be obtained by contacting the Department 01' FWC at (850) 922-4330. " ' CONSTRUCTION: 2,. The Department of Environmental PI'Otection Fort Myers Disnict office, P. O. Box 2549, Fort Myers, FL 33902-2549 shall be notified in writing 48 hours prior to commencement of work. 3. Best management practices (primarily turbidity screens) for erosion and turbidity control shall be implemented and maintained at all times dming construction and opelation of the pennitted activity to prevent siltation and turbid discharges in excess of State water standards pursuant to Rule 62-302, F.A.C.. The Permittee shall be responsibl~ for ensming that erosion and turbidity control devices and procedures are inspected and maintained daily during all phases of consnuction authorized by this permit until all areas that were disturbed during constIuction are sufficiently stabilized to prevent erosion, siltation, and tUIbid discharges" 4,. The permittee shall use concrete and or PVC wrapped pilings where indicated on the attached pennit chawings for the floating docks authorized by this permit. Any CCA-treated pilings aSSOCiated with the permitted structure shall be wrapped with impexm.eable plastic or PVC sleeves in such a manner as to reduce the leaching of deleterious substances from the pilings. The sleeves shall be installed concurrently with the installation of the pilings, shall extend from at least 6" below the level of the substrate to at least I' above the seasonal high water line and shall be maintained over the life of the facility.. 5,. Within 30 days of constIuction completion, the Pemlittee shall submit to the Department a detailed report describing the completed consnuction and including as-built drawings showing all structures and bathymeay of the project area,. The submitted drawings shall be plan and cross- sectional view dtawings, fully scaled and dimensioned, signed and sealed by a registered professional engineer, showing the entire project area. These drawings shall clearly indicate the deviations from the permit dtawings attached to this permit. OPERA nON: Agenda Item No, SA March 27, 2007 Page 58 of 87. Pemlittee: Mr, Keith Main IT I A&D Enterprises of Naples Ine, Pennit No. 11-0177046-002 Page 8 of 11 6. The permittee shall install and maintain a display that provides information on the charactelistics of manatees and the potential threat to the endangered species fiom boat opera~ori. . , Permittee agxees to install and replace the signs in the event the signs fade or become damageA, im'd : maintain these signs for the life of the facility. Permittee shall install, and display Signs' within '30 ' days prior to completion of construction. The number, type, and procedure for installatiOn should be in accordance with the handout "Permanent Manatee Signs", which can be obtained from the, Bureau of Protected Species Management, OBS-BPS, 620 S. Meridian Street, Tallahassee Floiida 32399..1600 (phone: 850-922-4330)., ' 7. The permittee shall install and maintain a literature display to distIibute (at no chatge) the "Collier County Manatee P:t9tectionZone" booklets to boaters using the docking facility. The :.- booklets are available free of charge from the Florida Inland Navigation District (561-627-3386). " 8, All future authoIized replacement pilings for support of the floating docking structures shall be non-CCA-Ieaching (recycled plastic, concrete, greenheatt, orwmpped with impeI~eable plastic or PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sediments). The PVC sleeves shall be instailed concunently with the installation of the pilings, shall extend fiom at least 6" below the level of the substIate to at ' least l' above the seasonal high water line and shall be maintained over the life of the facility. 9. Disposal of fish wastes in the water shall be prohibited for the life of the facility. l04~ Facilities other than those stated herein shall not be con~ttucted without an approved modification of this permit. 11.. All requited submittals such as certifications, monitoring repoIts, notifications, etc., shall be submitted to the Florida Depattment of Environmental Protection, South DistIict Office, P.O.. Box 2549, Fort Myers, FL 33902-2549. All submittals shall include the project name and indicated permit number when referring to this project. 12.. The peI'mittee shall provide written notification to the Depattment's Fort Myers District office, P.. 0.. Box 2549, Fort Myers, FL 33902-2549 within 72 hours of constIuction completion. 13. The following measures shall be taken by the permittee whenever' tutbidity levels within waters of the State surrounding the pmject site exceed state water quality standards established pUI'suant to Rule 62-302, F,A.C.: a, Immediately cease all wOlk contIibuting to the water quality violation. b. Modify the worK procedwes that were responsible for the violation, install more . turbidity containment devices, and repair any non-functioning turbidity containment devices. c, NoQ,fy the DEP South District office at (239) 332-6975 within 24 hours of the time the violation is first detected. 14.. Operation of the permitted facility shall comply with applicable State Water Quality Standards, namely: Agenda Item No, SA March 27, ::Z007 Page 59 of 87, Permittee: Mr. Keith Main II I A&D Enterprises of Naples Inc. Pemlit No. 11-0177046-002 Page 9 of 11 62-302.500 - Surface Waters: Minimum Criteria, General Criteria 62-302.530 - Table: Surface Watel' Quality Criteria. RIGHTS OF AFFECTED PARTIES This permit is hereby granted. This action is final and effective on the date fIled with the , Clerk of the Department unless 'a sufficient petition for an administrative hearing is timely filed under Sections 120..569 and 120..57 of the Florida Statutes as provided below.. If a sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review PI'OCe$s:. " Therefore, on the filing of a timely and sufficient petition, this action will not be final and effeCti~e ' until further order of the Depmtmenl Because an administrative healing may result in the revCIsal or substantial modification of this action, the applicant is advised not to commence construction or ' other activities until the deadlines noted below for filing a petition for an administ:xative hearing or request for an extension of time have expired. " '-,:. ... ':',;.'..,c.:: " Mediation is not available.. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120..569 and 120..57 of the Florida Statutes.. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.. Under Rule 62-110.106(4) of the Florida Administ:xative Code, a person whose substaritial interests are affected by the Department's action may also request an extension oftime to tile a petition for an administrative he8Iing. The DepaItment may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be moo with the Office of General Counsel of the Dep8Itment at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toU the running of the time period for filing a petition until the request is acted upon. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding" InteIvention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205 of the Florida Administrative Code.. In accordance with Rules 28-106.111(2) and62.,llO.106(3)(a)(4), petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3) of the Florida Statutes, must be filed within 21days of receipt of the written notice, whichever occurs first.. Under Section 120..60(3) of the Florida Statutes, however, any Agenda Item No. SA March 2,7,2007 . ,Page 6Q of8r, ' PelnUttee: Mr.. Keith Main n I A&D Entetprises of Naples Inc. Permit No. 11-0177046-002 Page 10 of 11 ',," .. person who has asked the Depmtment for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication.' , The petitioner' shall mail a copy of the petition to the applicant at. the address indicatOd above at the timer of filing. The failure of any person to file a petition fOI an administrative hearing within the appropriate time period shall constitute a waiver of that person' s right to request an administrative determination (heaxing) under Sections 120.569 and 120.57 of the Florida Statutes. A petition that disputes the material facts on which the Department's action is based muSt: contain the following infoImation: ' ' , . . . (a) The name and address of each agency and each agency's file or identification " ,', number, if known; . (b) The name, address and tel~hone number of the petitionex; the name, address and telephone number of the petitioner's representative, if any, which shall be the address for service purposes dwing the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; . (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact.. If there ~ none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends wanantreversal or modification of the agency's proposed action; (f) A statement of the specific Rules or Statutes that the petitioner contends require reveIsaI or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based ' shall state that no such facts are in dispute and otherwise shall contain the same infonnation as set forth above. as required by Rule 28~106.30L ' Under Sections 120.569(2)(c) and (d) of the FloIida Statutes, a petition for administrative hearing must be disrilissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed, This pennit constitutes an order of the Department Subject to the provisions of paragraph 120,,68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the Older under Section 120.68 of the Florida Statutes, by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevmd, Mail Station 35. Tallahassee, Florida 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is fled with the Clelk of Agenda Item No. SA . rvlarch 27, 2007 Page 61 of 87 Permittee: MI'.. Keith Main II I A&D EnteIprises of Naples Inc. Permit No,. 11-0177046-002 Page 11 of 11 the Department.. The applicant, or any party within the meaning. of Section 373. 114(1)(a) or 373.4275 of the Rorida Statutes, may also seek appellate review of the order before th~ 4rid an.d W'ater Adjudicatory Commission under Section 373.114(1) or 373.4275 of the Florida statUtes. , Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date :when the order is filed with the Clerk of the Department Executed in Fort Myers, Rorida STATE OF FLORIDA DEPARTMENT OF ENVJRONMENTAL PROTECTION ~ .JMIII.ABlMRWpa EnclosW'eS: 4 pages attached 6 drawings attaChed Copies furnished to: US, Army Corps of Engineers, Fort Myers; log # 4052 Florida FISh and Wildlife Conservation Commission, Division oflaw Enforcement Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species CoIIier County Property Appraiser CERTIFICATE OF SERVICE The undersigned duly designated deputy clez:k hereby certifies that this pennit, including all copies were mailed before the close of business on December :la.. .200.3, to the above listed persons, FILING AND ACKNOWLEDGMENT Fll..ED, on this date, pUt'suant to Section 120.52(9), F.S., with the designated Department clerk, receipt of which is hereby acknowledged.. 9'cl~ I CleIk' Izlz~1 ~ , Date Agenda Item No, SA March 27,2007 Forin~2..343.900(3\. F.A.C. ... Page 62 ,of 87 Form nUe: ~9n,lruction. , , Qpmmef1c::ement Noti~ Date: October 3.1995 . . ENVm,ONMENTAL RESOURCE PERMIT Construction Commencement Notice PROJECT: PHASE: I hereby notify the Depa,rtmen~ of Environmental Protection that the construction of . .' . the' surface water management system authorized by Environmental Resource Pennit - . : . ~.' . , No. h~ co~enced I is expected to commence on weeks 200--:-, and will J'Cquire a diuation of appro~ately __ months. . days to complete. It is und~rstood that should the constIUcti~c. term extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Construction. PLEASE NOTE: .Ifthe actual construction commencement qat.e is not known, Department staff should be so notified 'in writing j.n ordeI' to satisfy perout Conditions. . Permittee or Authotized Agent Title and Company Date "- Phone AddI'ess ,tl,genda Item No. SA , March 27. 2007 . Page 63 of 87 Form # 62-343,900(4\. F.A.C",., . Form TItle: Annual Status ReMit Date: October 3 1995 '., . ENVIRONMENTAL RESOURCE PERMIT ANNUAL STATUS REPORT FORM Florida Department of ED vir' on mental ProteCtion Permit No. County: Project Name: Phase: The folJowing activity has occurred at the above referenced project dl1rln~the past yeart between June l,19_and May 30. 19_. Permit Condition I Activity % of Completion Date of anticipated Comp~etioD Date of Completi9n (Use Additional Sheets As Necessary) Ben~hmar-k Description (one per major control structure): Print Name Phone Permittee's or Authorized Agent's Signatur'e This fOT'm shall be submitted to the above referenced Department Office durioi June of each year for activities whose duration or construction exceeds one year. Title and Company Date Agenda Item No, 8A , ,Maroh 27, 2007 Form f62.343.l}OOfs\: ',".r: Pqg~ 64 of 87 Formn~e: As-BulltC~rtIfieat!Oll' " bv . RePht~i'ed Pmruslonirl : . . ' ' Date: Odober 3. t 99~ ' ' , " '..' ENVIRONMENTAL RESOURCE PERMIT AS-BUlL! CERTIFICATION BY it. REGISTERED PROFESSIONAL Permit Number: Project Name: ' I hereby certify that all components of this surface water management.system have been built substantially in acc:or~ce with the approved plans and specifications and are ready for hispection Ally substantial deviations (notc$1 below) from the' approved plans and specifiCations will not pteVeD.t the System from functiomng u designed when properly maintained and operated. These detennination~ are based upon on.s~ observation oftbc system conducted by me or by my designee under my direct supervision and/or my review of u-built plms cel1\fied by a registered professional or other appropriate Dldividual as authorized by law. ' Name (please print) Signature of Professional Company Name Florida Registration Numb~ - Company Address Date City, State, Zip Code Telephone Number (Affix Seal) Substantial deviations from the approved plans and specifications: (Note: attach two copies of as-built plans when there are substantial deviations) Within 30 days of completion of the system., submit two copieS of the form to: Agenda Item No. 8A 'v,,,,, v '27, 2007 Form #S2-~3.900m, FAC ,; .;Pi1g 65 of 87H FormTitle: R~auesl for Tran!:fer " ..... to Ooeratlon Phase ",;. " o ate: Oclober 3, 1995 . , . . REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION PHASE TO OPERATION PHASE (I'o be completed and submitted by the operating entity) Florida Department of Enyironmental Protection It is requested that Department Permit No" _ authorizing the constniction and openti~n of' a surface water management system for the below mentioned project be transf'~d from the constrUction phase permittee to the operation phase operating entity. ' PROJECT: --- FROM: Name:, Address: City: Zipcode: State: 10: Name: Address: City: Zip~e: State: The surface water man.agement facilities are hearby accepted for operation and maintenance in accordance with the engineers ~ertification and as outlined in the restrictive covenants and articles of incorporation fOl' the operating entity. ' Enclosed is a copy of the document tIansferring title of the operating entity for the common 8rcas on which the surl'ace water management system is located" Note that.lfthe operating entity has not been previoUsly app~ed, the appUcaIit should contact the Department staff prior to filing for a permit tIansfer., 'The undersigned hearby agrees that all terins and conditions of the pemiit and subsequent modifications, if any. have been reviewed, are unde~tood and are hearby accepted. Any propos'ed modificatio~ shall be applied for and obtained prior to such modification, Operating Entity Name 1 itle Telephone__' Enclosure: () Copy of'recorded transfer of'title surface water management system () Copy' ofplat(s) , () Copy of recorded restrictive covenan~, articles ofincorporation, and certificate of incorporation i I ~.~~ .. 000 ~ . 0...... Inn 'lO -\.0 -\.0 eN .J (l)..c (!) _(.)0) ~ ,( ~ro roroa.. e~ - . 'ct iii (l) liiii 0) " ~ W u :r: <( a: " >- Z ~ t- >- - ... Z Z ~ ! . - ~ ~ ! ": 0 ::> ' z II i ~ - 0 > i ~ ~ (.) ,<( Z ,- (t ...~ .<( ~ !i ~ :!E z 0 W ~ ~ () <( 0 0 -J 0 l- I () c:= w It fj) a a:: 0 ~ U. a. oJ ...J u.. z J IJ. :l C) 0 0 0 ] f~' ! w ct vi !~~ J- w oS 8 i CD '(3 - '~3 "Qi <( -' ga~f!f .J gJii=:; ~ 0 < $ aGo:. ~ UJ ~ ;! ... 0 . --alii 8 - c ~".s~" 3.'$0,:" e-.5~~~ ,...- .- ::.:c, <_w ClIO t:ar;R!\ij3T i'~ ~ ~.~ e. .. ,.J' 1r 1-; o t I i 0 II ~:) DO? ' . 1Il a 1.1. li.8 to E~ orJrJ' , 6..\ \~V' Ii i Po ---. ~ ~ 'J >~.- 11b:)"~ ' ~ .~....;,~ ' ':/ ---- ~~J ~3r' :;, ~}~. .. J: . " "..~'\ " .', l-. ". .. . ;';1 '" ~~..€. ' -".;''''' ~".j . . , '~<...~ t..~.:';;:'::~ r:' t.: ~.. ..... ' .r:~ ' .;7'E~ , ",.' . ; ... \ .~. 18 04 3:01PMi Ag~I~~ No, SA SENT BY: THE PHOENIX ENVIRONMENTAL GROUPj 850__~~a__~38~L.,__.....vAUG. - .'''01 r.u" 'Marcn27,2007 ge 67 of 87 DAVIn K.1lr.EIL\H St..r.~ JOHN D.ltOOD .JkQODvm. ltlaIAllDA... coum' 'ta&npa .' I FW'RlDh FISH AN. JWILDUFE CONSER ATION Co ~l)WJN 1". RDDRIt'B, DC PUIIlIIco~ )tODNRY IlAKREl'O MIami SANDRA. T. KA.t1Pa , hb..-=I1 :1!NNrnt n. ,"UI)An, 1Dcw1~ DIl....Jur ffCl'Olt IlI1'ULD, ~ ~.... D\rc:cMr September 18.2003 Ms.. Pam.,)a Ammon DepartmCltt ofEnvironmentaJ. Protection South Distrid P.O, Box 2S49 Ft Myers. Florida 33902-2549 Re: MaDatee Impact Review, PUe No. 11- 0117046-002-ES04. A&D Enterprises/Gulf Shores MariDa. Haldeman Creek, Collier County. Dear Ms. Ammon. The Office ofE.nvironmental Ser:vices oflbc FloridILFish and Wildlife Conservation Commission has reviewed this application. and provide. thofoUowing commmts. A copy ofth.is letter will bo sent to the U.S. Army COrpl ofEngineers., Jacbonvine District, in compliance with the Fish and WIldlife Coordination Act. 'Ik applic;ant proposes to modify a dockiDg facility at aD Cllcisting lite. Tile project lite is located in a. oanaJ approximately O.S udles south of Haldeman Creek and 0.75 miles we$t ofthc =~T;~~SHi.~.'..Y.~::...=.=.,~~ ......drrf .up' ~ temporary~J.:iDOOriaI'IR-i,&.pplrciUit Owu . . . .~1 U'impacts to native habitat resources Juch as IUbmerpd aquatic;vegctatiOll arc anticipated. we would like the opportunity to rcCMIuate the projec:t with additional information conceming the loss of habitat expected It is our ~endatiOD that the fotlowin, meuuteS. if they arc made conditionJ oftile pemtit, WIll satisfy the requirements of313.414(1)(a) 2. Florida Statutes: 1. The standard manatee construction conditions shall be fonowed for aU in-water coDStnlc:tion, 610 SClIlI\l twlldltll Slftlct -TlllabwM . PL.. :U:l!)l)-I GOO REV. 2 _",I'.o;i1i_,unilWfi.UfI MUP-2006-AR-I0052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA c ~q: ~ " I': dun ~ ~ I ~ . . t!. 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I "- "- ace -0 w.- NO ~,,- EN"- (j)..c <1l ~2~ roo.. 2: to( ~ ~ ~ 2 <;l t") "" ~~iji 1-;;" ': t;....t:: ~~_..;'::J ~~ 1 ~ ... .A. O i .; , ,)}. "; ;. '\.J t . liJ" t.:: 0, . ~.u..., . . I Clin::: Z"':J !=z::: cnOz ~~:i g~~ ~~~ Li:~(,) :'::0 '-' ~ l- w o ~tu :.:::.:: (,)t) gi .- .. . ~ n iI ~l v v L. )0 Ii: g ~ ~gt: rJ f/) J 0". il; W ~;;t ~ ~:tg .~ ~~~~~~~. ~8 ~g~g~l~i ":Q ~a:;~~I"lEiti~ !::t; ." ~oCtX" ~~!Q~~ ~~j~~ ~ ~~~::gt=~I:I~~ ~ O"'iIiX~lt)3",:I~~ u.Qa:~V)a:a:il\~... WWWll.15~I;;;>:u.<l~ ~iX~",ioCa:~Z~> ~~li~I~~~~~ i6(/)O~Oa::~~il~. :$Z:!I:;OQ~ O~U (5Wj:!~~>>lo~a:c!i)o W~c!iUt:~:;tX~:i~ i!fI!3 Q -I ~ ~ ~ S ~ b 0 :;) 1=j:~<!l;WQ....~...F=lI) ~O 000000000 .... . . J., "' ; .. :.. ~-". ~r'\~'i Vi~ 9: ~ ~~ ~~ ~ '-' o c C) z ~ 9 LL ~II" II;. : . a a. i lD ~ g tllll g ~i~~ t I ~ C!i ~ ~ ~ Z - ~ <( ~ (j) ~ W z cr: ,~ o ~ I en (j) U. ...J :J C) tiJ~~~ =...r- " _~C'>w:> . I I . . "'''.:!l VlgO:!411 00"'_- ~ ~....g -3 .~ 1'1 gdr;~f rtli."i/ ~ ~ aa ~ ~ II o>J ..... :z: . ::Ialliog ~'.-s.s ~ o>J ~s~'r~ E-<-; .~; ::w"o, ~....101 CD f'r :. ~ .~~!j {('ri~njU; . AUG-18-04 3:01PMj Ag~It@~ No, SA ~ENT BY: THE PHOENIX ENVIRONMENTAL GROUPj 850_ .B.:~__,:~8~~_. ~_~..... .h'lIl C.II~;J lar~~ 72 ~?~; .' r FLotRIDA FISH AN. IWILDLIFE CONSER ATION Co ~DWIN..... RDlIEItTS. PC Peallac:oJil kO.DNRY.BAJlRETO MIami SANDJLl T.ICA.t1PB , Pab. Beach 0A,v%u IL MR1!.DAN St. r.~ .JOHN D. ROOD JacuOJlvl11. :l'NNE1'H n. RAUI)"n,l:lK\al~ Dh.....ur IIC'l'OU lTntLD, ~_I ~ DIrccs<lr September 18, 2003 Ms.. Pamela Ammon Department ofEnvironmenta1 Protection South Distric:t p,o, Box 2549 Ft, Myers, Florida 33902-2549 D.E.R .. South R.e: Meat.. Impact Ileview, file No. 11- 01 i7040-001-ES04. A&D EnterprUcslGulf Shores MariDI, Haldelt1l1l Creek, Collier County. Dear Ms, Ammon, The Office of Environmental Senrices of the Florida. Fi$h and Wlldlif., Conservation CommbsiO!l hu reviowed this applicaticm. and provide. the foUawing comments. A copy of this letter wm bo sent to the U.s. Army Corps of Engineers, Jacksouvine District, in compliance with the Fish and WUdlifo Coordination Act. Th~ applicant proposes to n)odify a doc:Jcina fa.oility at an cQting lito. Tbe project lite is located in a. canal approximately 0,5 riles south of Haldeman Creek IDd 0.75 mllCI west oftbc T~ TnaiJ (U.& Bighwa y 41). ..,~..........,_F."'.~. . -,)"-4. "JA ~~.'.... .11'._ CODSiItiJtl ofl .. ""'~,"aecl,fGr~~, J . . ,1_ p .pllIId . teniporary. tiM1;nDooriii'IRi'1IIe applfcaGi Ow. .. ~Jl Itimpa~5 to natlvo habitat mources such as IUhmcrged aquaUGvegctatiOQ aro anticlpatcda we would like the opportunity tQ rcavalu&te the project with Idditioaal informatioa C(!DCCfRiDg the loss ofbabitat eqJected. It is our recomme.odatiOD. that thd tollowiD, meuures, if they arc made conditional ohhe pcnnit. witl satisE'y the requiremenu ot373.414(1Xa) 2,. Florida StlllUtes: I.. The standard manatee consttuction conditions shall be fonowed for all in-wlter collSU'Uction, no ll~"lldolrl'''1l 811Kr.TlII101w1M . 1'1., . 'lD9'J-1 GOO REV. 2 _...IlGridt_'""",W.QrI MUP~2006.AR-10052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA I , I I i -, I 1 I i i I I I ! I i f i I I I l I t I I I I I I I i i I I ".____~_ __________ _L1L __ _~_--._ ___ ,:'\genda item Ncr:-op\-- - -. March 27, 2007 Paqe 73 of 87 SENT BY: THE PHOENIX ENVIRONMENTAL GROUPj 850 676 2363j AUG.16-04 3:02PMj PAGE 3/3 -__.__.un ......, """""HUI1~ ,JUMNSON !NGINEElUNG 17591 P.009 Ms.. Pamclt Ammon September lB, 2003 Page 2 2 The permittee shall install and mai.nl.ain a display that provides information on the characteristics of manatees and the pottntiaJ threat to this endangered species from boat operation, Permittee agrees to installlUlcl repw:~ the signs in the event the signs &de or 'became damaged, and maintain these signs for the lite of the fecility. Permincc shall install and display sigrt$ within 30 day. prior to completion of construction. The number. type. and procedure for installation should be in ac:x:ordaace with the handout ''Permanen Manatee Signs", which can be obtained from the Buteau ofPlOtcdcd Species Management. OBS-BPS. 620 S. Meridian Street. 1'aUa.bassce, FL 32399-1600 (phone 850/922-4330). 3. A literature diJplay is installed to distribute (at no charge) the "Collier CQunty Manatee Protection Zones" booklets to boaters using tho docking fa.cility. The booklet. aro avaiblble tree of charge from the Florida Inland Navigation Distria (561-627-3386) or from CoUier County" the above-mentioned recommendations are considered necessary in. order Cor this proj to not significantly affect the conservation ofwildlifo, Please J10tify this offico of tho resu1~ of this rnanlltee impact review by copy of the Intent to Issue or Deny, and the final agency actlon. Please do Dot hesitate to call me at (850) 922-4330 if you have any Clucstlon" . " ;:: ~LJ-J Anne Richards. 'SnvironlJ1Cl1ta1 Speeialist Bureau ofProtectecl Species Mauagement Division ofWUdlife JAR c;~ItlOC\CIl!tic\AAO blcrpriI...outr f!h<<CI Mvll'l..nn.J,4oc cc: u.s, Army CArps ofEngincen. Jacksonville Me Bria.n Pridgeon, USFWS- Tamp& Mr, Mi~ae\ al.wkiIu REcetVED $e~ 12 2003 o_e.~ - south omrlct \ Agenda Item No, SA SENT BY: THE PHOENIX ENVIRONMENTAL GROUPj 8S0 B78 2383j AUG-18-04 3:02PM: W~~~~, 2007 .__.__..,n~ ......, ......~~....vv~ JU.t1NSOlf I!NGINEEP.ING .7591 p.cn Page 74 of 87 Ms., Pamela Ammon September 1&, ~003 Page 2 2, The permittee sball install and maintain a display that provides infOrmation on the charact.eristies of manatees and the po1a1tial threat to WI enda.nSered speci CI from boat operation" Permittee agrees to install BIld rep~e the siSns in the event the lip fade or become damaged. and maiDtain theso signs fox the liCe of tho falOllity. l'crmittec shan install and display ugmI within 30 daya prior to am1plction at CODItmctioa.. Tho number, type. and proc:edure for installauonlhould be in Iccordanec with the handout "Ponnanen M.natec Signs'", which can be obtalned fi'om the Buh:aU ofProtcctcd Species Managemant, OES-BPS, 620 S. Meridian Str~ Tallahasseo, PL 32399-1600 (phooo 8501912-4330). 3 . A literature display is installed to distribute (at no charge) the "Collier CQUnty Manatee PrDtootion Zones'" booldets to boaters using tho doc1cins tacU.ity. Tho booklc:tl wo available free or charge from the Florid.. Inland NaviptiOll District (561-627.3386) or from Collier County. The above-mentioned rccommcndatiOlU are considered necessary in order for this proj to not significantly affect the coaservation ofwilcllifo. .Pleue DOury this offi" of tho rcsuJts of this manatee impact review by copy oCthe Intent 10 1s~c or Deny. and the final agency acrioR. Please do not heaitate to call me at (8S0) 922-4330 if you have any questions, ;::~LJJ .AJme RicMrds. EnvirolUllCBtal Speci&lillt Burc:ma ofProtectecl Species MaDagement Division ofW'std1ire IAR C;'\OaI&\1lOC\CIllIi1l'\AAD .!DI~r~ MwIIM1~.4oc cc: U.S, Amly Corps ofEngiqeen. Jacksonville Mr, Brian Pridgeon, USFWS- Tampa Mr, Micblet H..wkins REceiVED $E~ 2 2 2OD3 D.E-P. - South Distrlct Deborah L. Russell Elmer C. Wheeler 2667 Lakeview Drive Naples, FL 34112 Aoenda item No. BA - March 27, 2007 Page 75 of 87 October 30, 2006 Collier County Commissioners Collier County Government Center 3301 E. Tamiami Trail Naples, FL 34112 Caroline Valera, Principal Planner Community Development 2800 N. Horseshoe Drive Naples, FL 34104 RE: Gulfshore Marina Redevelopment Proposed Rezoning of Lots 25 and 26, Block 4, and Lots 3 and 4, Block 5, Gulf Shores, Collier County Dear County Commissioners and Ms. Valera: We are writing to express our concerns about the proposed rezoning of Lots 25 and 26, Block 4, and Lots 3 and 4, Block 5, Gulf Shores Subdivision. Please note that we are not expressing any concern about the proposed rezoning of Lots 27 and 28, Block 4, and Lots 1 and 2, Block 5. There is an important distinction between these lots that we think has been overlooked. We are enclosing the following exhibits with this letter for your review: Exhibit 1 - Zoning Map Dated November 17, 2005, from the County's Web site This zoning map shows the zoning of the referenced property as of November 17, 2005. As you can see, Lots 3 and 4, Block 5, and Lots 25 and 26, Block 4, are currently zoned RMF-6. Only Lots 27 and 28, Block 4, and Lots 1 and 2, Block 5, are currently zoned C- 4. Exhibit 2 - Notice of Neighborhood Information Meeting This is a copy of the Notice sent to the homeowners of the Gulf Shores Subdivision. Please note the highlighted portion of this Notice. It states that the property owner is petitioning to rezone the property from Commercial (C-4) to Mixed Use (MUP). Nowhere on this Notice does it disclose that the owner is also seeking to rezone the four referenced lots that are currently zoned residential (RMF-6) to Mixed Use. ~-. -~~ '-"" , .., ,.-, ~ . - " ',--. .. .- L 1,-' :', _, ,',_1 .... -=,;". .:-::.:=:,T ..I Agenda Item No, SA March 27, 2007 Page 76 of 87 Exhibit 3 - Aerial View of the Neighborhood from the County's Website The highlighted lots on this aerial view are the four referenced lots that are currently zoned RMF -6. Please note the immediate proximity of the referenced lots to our single family homes. If you owned the single family home on Lot 24, Block 4, or Lot 5, Block 5, would you like your next door neighbor to be a boat storage building? Exhibit 4 - Recorded Deed Restrictions for Gulf Shores Subdivision When the Gulf Shores Subdivision was platted, the developer recorded deed restrictions to ensure that our residential neighborhood would be preserved as a residential neighborhood. Although the lots fronting on Kelly Road (now Bayshore) were platted and zoned to allow commercial uses, the lots fronting on the side streets of the subdivision were restricted to residential uses. As a buffer between the single family homes fronting on the side streets and the commercial buildings fronting on Kelly Road, the two lots on each side street closest to the commercial property were deed restricted to permit single family or multi family use. Although the deed restrictions of the referenced lots allow multi-family use, they impose the same setback requirements as those that are imposed on the single family lots. These are spelled out in Paragraph A of Section I. "No building shall be located nearer to the front line of a lot than 25 feet." (Please see the highlighted portion of the deed restrictions.) The purpose of these deed restrictions is to protect our residential neighborhood from the types of activities that would create noise, traffic, congestion or other conditions that would lessen the comfort and quiet enjoyment to which we, the single family homeowners, are entitled. When we attended the Neighborhood Meeting at the East Naples Library on September 7, the rezoning request was again characterized as a request to rezone commercial property to multi-use. We have no problem with the commercial property being rezoned to mixed-use, but we object to rezoning the residential property to mixed-use if the new use will disrupt the character of our residential neighborhood. We invite you to look back at the minutes from the Collier County Commissioners' Meeting when the Bayshore Zoning Overlay was first adopted. The original proposed zoning overlay allowed mixed-use on the referenced lots. This was vigorously opposed by the residents, including us. At the last hearing before the County Commissioners, we presented the Commissioners with an enlarged current aerial photograph of the property so that each of the Commissioners could see how a large marina building on the four residential lots would impact the adjacent single family homeowners. As a result of the Agenda Item No. SA March 27, 2007 Page 77 of 87 neighborhood opposition, the Bayshore Zoning Overlay adopted by the Commissioners did not allow mixed-use on the four referenced lots. The residential zoning and use was maintained. Weare disappointed that we, the homeowners of Gulf Shores Subdivision, again have to fight this battle. And we are disappointed with how the zoning request is being presented to the public by the developer, by the press and by County Staff. This is not a request to rezone commercial property. The current commercial zoning allows the proposed use. This is a request to rezone residential property to allow a commercial use. The proposed use of the residential lots would allow a commercial boat storage building on lots that are zoned for residential use and deed restricted for residential use. In closing, let us clarify that we would like to see a new marina building on the site of Gulf Shores Marina, but not at the expense of the single family homeowners on Lakeview and Riverview. Our residential streets are subject to a 25 foot front yard setback. At the meeting, we inquired as to whether the site plan could be re-worked to comply with the deed restrictions. The developer responded that the marina has to make economic sense for him, and the proposed plan makes it economically feasible for his company to build the new marina. In cases where courts have considered deed restrictions, the courts have consistently stated that no case is exclusively controlled by economic considerations. Even in the face of changed circumstances, the courts have held that a deed restriction should not be set aside unless the change in conditions is so radical that the essential purpose of the restriction has been destroyed. Gulf Shores Subdivision was developed as a residential neighborhood. Although our neighborhood is finally experiencing an economic boom, the character of our neighborhood has not changed. We would welcome the opportunity to further discuss our concerns with you, with County Staff or with the developer. Lakeview Drive is our home. ~:~4~~ ZZZ- C' c)-4J2 Deborah L. Russell Elmer C. Wheeler cc: Sanjay Kuttemperoor, Esq. David Woodworth AnnMarie and Brian Shimer <(1'-1'- coO 00 _0,- 'JO .CO -I'- eN (!)~i1J ~2 ~ roroCL -g~ (!) 0) <( ~ ii N['I!;O ~.~ i .- t: a:: fi .,. ~ .,. ?;- e;r-; ~ iT- ";,] ..~ · J' F'" C I' ~ r- F' I~ ~.- ..:.. i; ---r- :;:~ ~ , " 1 11111, ~~ . =+= -+. -~"'k . i lJ3>ilS ,.NY, . r---- 6 - --;:- ~ i<'~r~ ~ I .1 i~ . 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'\j:<J ~ / ~ ~,,&,,~~~~ . ~ y~ ",,,,~J~c.s~ . , / 'Q' ! ~. .. i : /~ i! ~i i~~~~ J1~ ~ ~l \t> =i~ ,(. ~ Ii; ~ ~ ~ ' \ P 3 / :! ~ SJldVN JO .lie '&~:>JnOQ"J :a!bo'O~04::)JO JO :lo!JOllO!4 5u!~ou5!,,~p a::).IOO$ ^luno~ jOP!HO o,)4~ .UD saDri ^m!qoQOJd lo:a16olOao4:,)JV/:>]Jo~S!H ClLU d3HIO g i i ~ ~ <( '" Z ...... 0 o - z iY Vi 0 .. 0 5' z ;r; ...J is :! 0 "- ~ Z ~ >-" w <n I- !: ~' z B u ~ N cr ~ ~ ~ ~ tf) bl "'1:1: ~.~ u it- a --------r ~ I ~ I I ~ I 't-rt. t"U-~ ,"'-/:1-01 0 i ~OIO~r.JIJlOO" ~""'~io 1"~"\olII\.jIIJ ~ . ii 11IO-.0 '0.0 .)(71 to-R-l H-('O :l("'. C'O~.I-II n-(JO XI' O(;-".-/:I MlI-U ''-If-.... U-'I-II Dto-te tl-M-GI M-~-<ll 9U-d r-u-1, ~.-u-. W~I .~-~ .-('1-' rc--rl (::'-11-01'"olI 0-11-' "l-U (-0-" U-II-' CI'-" ',-U-II u-..-t f1o-~' '-!6-, u-u-. ~w-u l.~'-A U-l:l-~ le-::n i~}I-lJj J'(-()I-~ II-t-l JII-ti-1I Et-tl-l :)"1-11-11 I'~;l~ ~:i.lQflllINlMll t ~~~ ~~ : .,:f;i;lll: >- :s w '" z ~ ::J o >- '" f- "" 3 ~ ~ 5 I "" :D '" "" ~ 5 ;;! N U :::> ~ ~ ;~~ .~i .1'. ~ !~i I ~ ! iUi! I' ~ .""......0 i Ul V> 1.'. ~:~~::~~~:I i ~ ~ . . -.. ".-- "" "" m I ~ ~ .: .........., ~ ;; ~I : I I I I I I I I I I I I I II I I' 8 ~ Id li;li~;I! ! h~if3!ib I I ~ -........el ~NINOZ :NOISI^3C:1 lSVl -- 1- - f{) - :t 'X \1j E. XH I'BIT ;{ Aoenda Item No. 8A - March 27, 2007 Page 79 of 87 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Treviso Bay Marina, LLC represented by Chris Gray of VK Holdings, on: Thursday, September 7, 2006 at 6:00 PM at East Naples Library 8787 Tamiami Trail East Naples, FL Regarding Subject Property: Gulfshore Marina 3470 Bayshore Drive Naples, Florida Along Bayshore Drive, between Riverview Dr. and Lakeview Dr. LOCATION MAP i"N6li'M- lZDl .r.F~1 I c-.... D-1Ie~ ;':-I \ c' I I J '\' '\ -- , ~ IhnElf po"" ~ ) \lD-lrl '~ p: ./ t:: 7(\; - .-.}- ~ r~ -<~~ ~ T.2; ... '" ~ W~ - ~ \ (~ ~ ~ aaun;::\ '-- Q" ~ I, '" ~7 ,.('J I -i.1.. ). aulNEJl "''4 II -...1 I -'Y A~ ( y ~~ 1-; I W II u :=1:::: !"- .....(d ~ ~ ~ - A\VfoIE ~ ~IZ= -{_1lIlo : lITE I i t- ~ - / Of ~ "7 LDlloV"llIN I(D t- -...... IsIEQl A_ut t- / lr.j ~fifJ II - - i-l~ HI- ~P- b~ t-- LJoENE'f CR --=- . 2 r l:d I I _1fIL~ . 1 ~ . t I ~_ET ~ II I I~ ~r~1 i!l r- h:i- _I - == I'Wl triCKEr uua: .-- Eo/Il\L. AI"Ia _!Ill 11111 I_m~ ~ 111111"1 _.-......a.He - - "~.1I1 I l- ~ i ::: II ZONING MAP PETlTIOIl 'IIU". 20... Io.R. tau:! Agenda Item No. SA March 27, 2007 Page 80 of 87 The property owner is petitioning Collier County to rezone the property from Commercial (C-4) to Mixed Use (MUP) to allow for the redevelopment of a new marina facility with dry slips, amenity center and residential space. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail by October 7, 2006 to: Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Administration 2800 North Horseshoe Drive Naples, Florida 34104 (239) 213-2948 Fax: (239) 403-2395 Lindabedtelyon@colliergov.net EXHI81T ;< Aqenda Item No. SA - March 27, 2007 Page 81 of 87 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Treviso Bay Marina, LLC represented by Chris Gray ofVK Holdings, on: Thursday, September 7, 2006 at 6:00 PM at East Naples Library 8787 Tamiami Trail East Naples, FL Regarding Subject Property: Gulfshore Marina 3470 Bayshore Drive Naples, Florida Along Bayshore Drive, between Riverview Dr. and Lakeview Dr. LOCATION MAP I . I iiNi;~- I:ICK 11.............1 I l;,-. &11 "IIC~ f--- ;;~ \ c _1. ~.... J .._~- ~ J ~ ~ ./:.:: ~ -1 ~~ ~\1 ........ }-- t-- ~ ...; b: "" ~ 70~ e- IIIll11El'1E'Jr aRM: -~ ~ ~ ../ VJ \ '\ '- MIlE DaUlT J:.::\. ...... .~ lV" ":"-/. ~t" bl ~YA~( y Ell .. ,~i~ Iw(f H ~ -wr- ...... }---1 alGO "''oVI.IE i f- In- '" W "" ~ -!- -, I ~ .. --i~ lITE! i"- i _ ~ --( IIMI'NEII Ill!. -~~ / ., ~ -7' LDD~laH ~ - ~ ....... f\IGII. ..._., - V ~ to-- ~ III ~E\I"IR n --- f-A ..,. 3 1= I'UD r- lRl:K[I" LAllI r-- ~ --- . _Del .. hi - W t--- I 11111 --,- l!! _'11 "\ilII.E _I '-- .,urn "'"1UI./E I ~ ~, II II I v - f - ~"""".Ne - ....,. _[I" IE I 1== ...........w-R' n I it- ~ii ; I I .. I I"ETITIOIII '111.11"- 10.8. AR. 'OIU2 ZONING MAP Agenda Item No, 8A March 27,2007 Page 82 of 87 The property owner is petitioning Collier County to rezone the property from Commercial (C-4) to Mixed Use (MUP) to allow for the redevelopment of a new marina facility with dry slips, amenity center and residential space. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail by October 7, 2006 to: Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Administration 2800 North Horseshoe Drive Naples, Florida 34104 (239) 213-2948 Fax: (239) 403-2395 Lindabedtelyon@colliergov.net Print Map Pa.e;e 1 of 1 Agenda Item T\Jo. 8A March 27, 2007 Page 83 of 87 SUe ... SlIb A8rI A8rI a.. COI \C) 2004. Collier County Property Appraiser, While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties for the data herein, Ks use, or its Interpretation. EXHIT3/T '3 http://maps.colIierappraiser.com/webmap/mapprint.aspx?title=&orient= LANDSCAPE&paper= LE... 917/2006 IMAGEOl : FL-06-9598 08/31/200603:57:57pm DOC: OR 22/74 Agenda Item No. 8A March 27,2007 Page 84 of 87 Page I of 4 t . .,..,.... . ..;' ~ 22 74 ~ JEED OF RESTRICTIONS This ~-_. WEBS~R HULL, dev&loper~, of the County ot Coll~er~ State Deed of Restrictions, mad~ ~hls , 1957, between S.8. Aj,LENDOBP' find E.E. SNELL, and ~ /1 day ot of Florlda, parties of the first partj and all future owners, parties of the second p~rt, of Blocks 1 through 7 inclusive of QULF SHORES aceor41ns to a map or plat recorded in Plat Book If ,Page ~~, on tile and recorded in the Public Records ot COllier County. Florida. SECTION I - RBSIDEWTIAL The following described blocks and lots shell be zoned residential to wit: All of Block 7; Allot Block 6; Lots 6 throuih l~ 1nc1us1.e of Block 5; Lots 6 throllgh 23 Induslve of Block It; Lots 6 through 19 1nclusive of Block 3. Lots 6 through 16 Inclusive of Block 2; Lots 6 through 14 Inelusl ve (If Block 1. The S~11er's will convey eaid land to the purchaaer subject to the followlnc l.lse restrictions which shall run with the lant1. (A) The land shall be used tor resldentl~l purposes o~y and no more than one r.sld.nce~ and customary oatbuildlnge .hall be erected on any one lO~i provlde~ that nothlna herein contaIned shall be con- strued to prevent the grouping or two or more lots, or one lot and part. or other lots, tor the erection or one residential unit, and in the event of lluch grouping the bu1lding set-b4Ck line' sball apfllT to the perillleter of the grouped property. 10 build.1nC .ball btI located nearer to the tront lin, of a lot than 25 te.t, cor nearer 'to the aide l1ne. than 6 t'l'-.t, and the setback trom the pro port)- u.n. in the baok fal'd shall be at least 20 feet. (B) A.l1 bu11.c!1qa..t b-. eJ'o~4 of MV aat4ll'lalll aDd no build- ines or al'1J'" cbaractu sbaU be 1DQ1'ect, onto tl1& land; proYUed tb!lt, p"veloper M, vat.. ttJ.~ nq\\1l'-.nt.b;r YI'1tt_1l:latiallm1t"~ nUsrle4 . ' . tM-t the 1'.nlt1D&:I~.'..1f1U'lN".ot,..t'._i~1r.P"&1'aace aDlI :=::::.~,;i~~~;....:~::..~, cOIl~tid_ 1e.. ~....,t.;,ti'.'." :~ :',' :..' '~~"~~;I} .'<' .~~ ::?l> , ',,~~/J:~ . p"..~ ~;1I1;~ "i'c -.."'IliiJ.i~~\/. t ~ EXHIBIT 4 lMAGEOl : FL-06-9598 08/31/2006 03:57:57pm DOC: OR 22/74 Agenda Item No. SA March 27, 2007 Paoe 85 of 87 Page 2 of 4 " ':J..~ . ~~~i:..":-,~, . ~:'.....,: ;...~J:f.:. ..; , ''',,;l$'~~;;~~~'~:-~\:''~';'':j,rs ~t:;'~~~q"'"""'<h1"'7l\~~ '..:/' .~,/:~ ~;,::):,~~.>,: <~<,: ::~, .' J" ,;t':-~~~ Open porches, cnrporta, and pr~..Ihl.l~ not b. aoneUered 11\ cODl?Ut1nc 3'l1cn .:!'ea. ~ corrl1lated ..tal root. .bal.l be used nor ahall th..xterlo1' lIalla of &JI7 bu11d~1 be covered ,,1tb sh..t matal or bul141n1 paper. felt. roll reoline or otber 81&11&1' IlAteI'tal.. The Diu radeleDtial unit IKWIt be erected 'P.~io1' to or s~ul taneousl.7 vi th, tbe erection ot aD7 other structures. The out!l1de or ~ hOWJe must be completed. v1th1J'1 six JaOnths or the ti.e the structure is b8CUD. The above restrictions pertaining to the quality of tha bu11dinr 1n Paragraph B shall elso apply to any covered boat-house or dock. (C) Use ot the land tor an automat!"e traller park is axpressly prohibited. Nor &ball any automobIle trailer oe parked on the land. (D) Wo outslde toilats are perm1ttad. All ~esidentlal units must conta1n adequate 1nter~gr plumbing ror waste vater a~d sewage whIch must be disposed of by septic tank. or othe~ ~ean~. meeting the requirements preseribed b7 the health authorIty hnvinr, jurisdiction thereof. (~) ~n trash or sewage shall be dumped or oralnecl into any canal. (F) No dock or other structure _ball exteD4 into any canal mora than 5 teet trom property line. (G) All boat slips dug In~o :ot! shall be bulkheaded ~ith1n 90 doys etter they are dug unless ~rltten perm1sr.ion to tne contrary 1s obtained from Developers. SECTION l~S'1'ft~I FAMILY The following l1sted lots shall be included in this MultI- < ~~ -/D cfltLU If L} I ~k13. Family District to w1tl Lots 3. 4, and 5 of Block 1; Lots 3,4,5. 19.20. and 21 of Block 2; Lots 3.~.5.20 and 21 and 2~ of S:ock 3: Lots 3,4>5,24~25,26 of BlOCK ~ Lots 3,~.5 ot Block 5. -- ----.. (1) This dlsLr1ct shall permit duplex's but each dwe~ling unit in every tvo ta=1ly dwelllnc shall not contaln less than 450 square teet. (2) The m1D1111W1 insIde flool' d1Junslon ot aXl7 three unit a-part.!!ent ~hell be 900 square teet. (3) ~o bu11d1DC shal1 be located Dearer to the front lot IMAGEOl : FL-06-9598 08/3112006 03:57:57pm DOC: OR 22/74 Agenda Item No, 8A March 27, 2007 ~~i~~~ ~f 87 ;., 22 76 11ne af 11 lot than 25 feet nor nearer to the slOe lines t.han 6 feet. (It) All restru;:;;1ona set forth 1n 13le,D.E.F. and G 1n Se~tion I RESIDENrt,~. shall applT and b. part Qf this section. SEctION III BUSlHESS-COMKERCIAL-~TEL This Sec=t1Qn shall co..er the tol 'l..01l1;.g de~c:r1bed lots to wit: ~ot~ 1 and, uf DIock 1; Lots 1.2,22 and t3 or Block ~; Lots ), ~, ~3 eno 24 or Blo:~ 3; Lots 1 and 2, 21 and 28 of Bloek 4j Lots 1, "no ~ of Block 5. (1) ~his district shall pormit the u,ual retail busInesses classlt1ecl as <listric!'. H. It 1-2, I-1!. ;It a.nd K unC1!r ~he retular !:.'i'la's Cl"ty Zoning Ord1n:meu bu~ px'chib.1ting lUlllber yarest ano other offensive type~ of bus~ness.:. (2) No motel unit 1n this district shall contain ~eas t~n ,50 ~quare feet inside 1'1001' dl~nslon nor sball any ortico or store ~p3ca contain less than 400 sqUQfe r~at inside llvor Q1mensl~ns. (3) All restr1ction~ set forth in B.~. u, E, " and G in section ! RESIDENTIAL shall apply and be part ot this seet1on. SECTION 'J:Ii TERM AND EN1I'OllCEMKftT (Il) These covenant. are to run with the laM 11M 3hall be binding on ell parties and all persona cla1mir~ under th.. tor a perlod or twenty (20) y.ar~ trom the date the.. coveuaats are reoord.d, ert.r which tl.. sald conD&nts .hall be lIuto..tica1l1 ut.ndeet f'or sllocna1u periods of twenty (20) Tears unl.s. an instrument .lgned by a ma~orlt7 of the then cvuar. ot the lots ba. b.eD recorded aJr..inl to chance said covenant! in vhole or in part. (I) Znf.nDullDt .ball be by proa.adina' at la" or ln eqult17 a:alnst anr ,erson ~r ~reona Y10latinl or atta=pt1nC to Yiolats ~ ccveD&nt eitber to r..t.ra1n .10lat10D 01' to reooye 411II&"', :~!i*\!~i'.:...',.~~;:;<:~~1..~,':i;1%51i~i~;': ,;,>,~",...."~\!t'iitt.ik~iJ', ~ ~,~":.., ~ '~~1iA:<<.~~;...iI'."'~I;;z."""<it.i;r.~ -';.> IMAGEOl : FL-06-9598 08/31/2006 03:57:57pm DOC: OR 22/74 Agenda Item No_ SA March 27, 2007 Page 87 of 87 Page 4 of 4 I ~,~~;f..T.._: ...:..'.......... ~(i~~:~...:. ~. . ;~.~.:r.~; . , ~ . ~' , ; Jc)~.l~~~\:"~ (C) Inval10at10n ot &ft7 one ot theae co.e~ts by Judgement or court ortl.r .ball in DO ,,1.. arrec1: aJ17 ot the other provls1ona whIch . ! shall rama1n in tall toroe aDd etrect. III Wlnm8S, Gl'ant.ors. haye hereunto set their handE an1 lleals. r7';J.4 dayot Ou,-.. . 1957. , this Signed, ~~alea and aelivered in preSen<:l8 ot: &J?~L'o , I'.u- .# d..,L.,U JJ..~i)l~ - dl ~ .~7~ ~ ~. n"i~ ~~~ /~ , $~er '1u~ STATE OF FLO~rDA eQUID'! OF COLLIER I HEREB! CERTIn thAt on thLs day before _, an ~ff1<:.r duly qualified to take :lckn0'41edrlll"nts. perl!{\nal1y .llpPNr~d S.B. AL.LZNDQP.z:', B.E. SNELL, and WEBSTER BUtt to mlt l{l'lO"'n to oe the peor;<:on!l (\a!'cr1:.~ in and who executed tha foregoing infl trum('nt 3nd ac'k:z11)wllldgl!d bd'orc ~,.:- I ha~ they e~ecuted the ~AQ'. ~8.1.Q~ Benjam Green Paries Notary Publ1c 'AITliJ;SS rtJ.Y ~ &nd o~r1Jf!l,l lu1 in tn. County and Stat.e l~,st. .. fore:la1d this I 7 day ot I'- - . . A .J). 1957. ,"':i\' l1 .'C, ' .......~#;....r........u~~<;" . h'/..!): ~ .~?'-";'~: }l1 C"mml.~~1on cJl.p1rcs: ~"'Y~'" 1~5q t-,!,:;': w V~>;~.: ..:~:.~_~.~.; , ' ~ 1.11 {, :':J .,....\.'.',..,.,J:,.', ,.-:.. -~.' -'.' ~ ~"iE Of fl.~A, COiIIIn C1F'lXJun .' .-- 18th"'"' c-' fII.["o.ltlc:oc1llltji._"'__~Of .",; ..l'Ob..,...lt .~___.9..u.,IOOlI,..o"'1S!,~ " ,. ", roc( '76 '..ANIIIll_~~" ":".''-;\'r~'',:~ : 'j (D sCOrf."if~r"'~'~~ ~~ <~~ ,.~., '-_""_'~~ "I~. _.J"~' / Ct""'f' ...h"~ - ... #00;; _. ~~ :J 1\('.r _. Agenda Item No. 9A March 27, 2007 Page 1 of 28 EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE PELICAN BAY SERVICES DIVISION BOARD OBJECTIVE: To appoint 3 members to serve 4 year terms, expiring on March 31, 2011, to the Pelican Bay Services Division Board. CONSIDERATIONS: This 11 member Board was established by Ordinance 2002-27 as amended. The Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of long-term community planning so that residents can enjoy the benefits of Pelican Bay while ensuring both the social and financial well being of the Pelican Bay Community. A list of the current membership is included in the backup. Ordinance 2002-27 states that the Board of County Commissioners shall publish the list of nominees and the positions on the Committee for which they have been nominated and deliver a conformed copy to the Clerk of Courts. The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the non-governmental property owners of the class (i.e. "Residential or Commercial/Business/Other") corresponding with the class for which the balloting is occurring ("Residential or Commercial/Business/Other") within the Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. On February 27,2007, the Board set the balloting date as: Tuesday, March 6, 2007. Section Eight iv states: "The nominee(s) receiving a plurality of the ballots cast in each category of membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners, The Board of County Commissioners shall then, at their regularly scheduled meeting, make the necessary appointments to fill said positions, " The terms for David C. Nordhoff (resident), Donald Spanier (resident), and John Iaizzo (resident), will expire on March 31, 2007. A press release was issued and resumes were received from the following interested citizens: APPLI CANT VOTES CATEGORY DISTRICT ELECTOR Theodore J. Raia 674 Resident 2 Yes John Iaizzo 671 Resident 2 Yes Michael Levy 540 Resident 2 Yes Robert A. Pendergrass 307 Resident 2 Yes Donald Spanier 254 Resident 2 Yes Anna M. Halikas 253 Resident 2 Yes George R. Metcalf. III - WITHDREW 231 Resident 2 Yes Martin S, Feins 159 Resident 2 Yes Agenda Item No. 9A March 27, 2007 Page 2 of 28 Ballots Mailed: 6836; Number of Residential Ballots Returned: 1250 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners appoint the 3 applicants with the highest votes to represent the Residential category and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 27,2007 - Agenda lIem No 9A March 27. 2007 Page 3 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9A Appointment ot members to the Pelican Bay Services Division Board 3/27120079.0000 A.M Prepared By Sue Filson Board of County Commissioners Executive Manager to the Bee Date Bce Office 3116120078:24:34 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Offic:e 311412007 8:22 PM ,LJ..genda Item No, 9A ~v1arch 27, 2007 Page 4 of 2S BALLOT RESULTS - PELICAN BAY SERVICES DIVISION Tuesday March 6, 2007 At 2:00 PM this afternoon, the Clerk of Courts, with the assistance of the County Attorney examined and tallied the Pelican Bay Services Division Advisory Board Residential Preference Ballots that were returned. The following results were obtained: Theodore J, Raia 674 John Iaizzo 671 Michael Levy 540 Robert A. Pendergrass 307 Donald Spanier 254 Anna M, Halikas 253 Geroge R. Metcalf, III 231 Martin S, Feins 159 As per the instructions in the ordinance, "the nominee(s) receiving a plurality of ballots cast in each category of membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners," The three nominees with a plurality of ballots are: Theodore J, Raia John Iaizzo Michael Levy Respectfully submitted, J, Walter Cross Executive Assistant to the Clerk Collier County Clerk of Courts REAL OAKS L TO % CONCORDE BANK L TO THE CORPORATE CENTER BUSH HILL & BAY ST ST MICHAEL 8ARBADOS Agenda Item No, 9A March 27, 2007 Page 5 of 28 Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds PELICAN BAY SERVICES DIVISION ADVISORY BOARD RESIDENTIAL BALLOT Listed below are the names of the candidates wbo have indicated to tbe Board of County Commissioners a desire to serve on the Pelican Bay Services Division Advisory Board as residential representatives. Application information about these persons may be reviewed on the Clerk's website- .WWW.clerk.collier.fl.us - or at the Board of County Commissioners office or at the Pelican Bay Services Division at 801 Laurel Oak Dr., Ste. 605, (in the SunTrost Building) Naples, FL 34108. Three new board members will be chosen as residential representatives. The three persons receiving the greatest number of votes will be presented to the Board of County Commissioners for consideration. VOTE FOR UP TO THREE PERSONS: INSTRUcnONS Ballots with more than three selections will be invalid. FOR RETURNING YOUR BALLOT 0 MARTIN S. FEINS Ballots may be returned by mail to: rttJrfW Dwight E. Brock 0 GEORGE R. METCALF, m vJ r7 Clerk of Courts /_)5' P.O. Box 413044 0 ROBERT A. PENDERGRASS Naples, Florida 34101-3044 0 OR JOlIN IAIZZO Ballots may be dropped off at: 0 ANNA M. HALlKAS Collier County Clerk of the Circuit Court Administration Office, 5th floor, Bldg. L 0 THEODORE J. RAIA 3301 Tamiami Trail East Naples, FL 34112 0 DONALD SPANIER BALLOTSMUSTBERECEWED 0 MICHAEL LEVY NO LATER THAN Friday, March 2,2007 AT 5:00PM TO BE VALID Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us 1111111111111111111 Property Parcel LD. 54525003208 Fax- (239) 775-2755 Email-collierclerk(a)clerk.collier.f1..us Signature of property owner Agenda Item No, 9A March 27, 2007 Page 6 of 28 c~ Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Coleman J. Connell 566-2145 02/14/06 03/31/10 4 Years 7024 Pelican Bay Boulevard 566-2145 Naples, FL 34108 E-Mail: concoll@ao1.com District: 2 Category: Resident Mr. David C. Nordhoff 03/25/03 03/31/07 4 Years / 8420 Abbington Circle #Bll 594-8420 Naples, FL 34108 E-Mail: District: 2 Category: Resident Ms. Annette M. Alvarez 398-1605 01/09/07 03/31/09 2 Years 2833 Inlet Cove Lane, W. 348-7065 C~: Naples, FL 34120 E-Mail: aalvarez@watersideshops.com District: 5 Category: CommerciallProperty Mr. Maurice James Burke OS/22/01 01/29/05 4 Years 5801 Glencove Drive, #508 598-3140 03/22/05 03/31/09 4 Years Naples, FL 34108 E-Mail: therightperson@msn.com District: 2 Category: Resident Mr. David J. Bramson 02/14/06 03/31/10 4 Years 353 Carlton Place 596-0464 Naples, FL 34108 E-Mail: davidbramson@earthlink.net District: 2 Category: Resident l/ ;:r.:::r~~.\i;~;:-,'iil:T.;x:',~~.::.!t-~;.~:~:tiZL-T~t:'i2;::,,;~~:-:,~""';:,..:;:;,-.'~'J~..~:.'.....2!S-"'~-:::"7~~_:~;.'~;~;:~."'_...,....:~...~._"''''.:''3'~7M!'.r~-:-.'':;::.x Wednesday, February 28, 2007 Page 1 of 3 Agenda Item No. 9A March 27, 2007 Page 7 of 28 ("' Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term MI. John J. Boland 03/22/05 03/31/09 4 Years 8420 Abbington Circle, B15 594-0131 Naples, FL 34108 E-Mail: johnsusanboland@aol.com District: 2 Category: Resident MI. Donald Spanier 04/22/03 03/31/07 4 Years V 812 Pitchapple Lane 594-2851 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. John Domenie OS/22/01 01/29/05 4 Years 749 Bentwater Circle #201 566-3179 03/22/05 03/31/09 4 Years --- Naples, FL 34108 ''''''-...~'' E-Mail: johandomenie@aol.com District: 2 Category: Resident Mr. John Iaizzo 03/25/03 03/31/07 4 Years V 6573 Marissa Loop, #1902 592-0678 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. Ed Staros 598-6626 06/25/02 01/20/06 4 Years 753 Brentwood Point 596-4561 02/14/06 03/31/1 0 4 Years Naples, FL 34110 E-Mail: ed.staros@ritzcarlton.com District: 2 Category: Commercial ;'c:":~a~.:~~:::,::~..~~~~~~1tS::.~~~;;",;~_",~'!!t.~~~~~~:::~~::-.;.'T....~=~''!~::::.~r.:.:!~~~=,_,!:.''S:;::;,!"":::.~ Wednesday, February 28, 2007 Page 2 of 3 Agenda Item No. 9A March 27, 2007 Page 8 of 28 (-~ Pelican Bay Services Division Board Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term Ms. Mary Anne Womble 816 Kingbird Court Naples, FL 34108 E-Mail: Teedup1@aol.com District: 2 Category: Resident 02/27/07 03/31/09 2 Years 597-8224 This 15 member committee was created by Ord, No. 90-111 and amended by Ord. No, 91-22 and 93-15 to aid and assist the County manager and the Board of County Commissioners in determining the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Board in effecting a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations from the Pelican Bay Improvement District. On 11/3/98 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. On April 11, 2000, the BCC adopted Ord. No, 2000-22 reducing the membership from 13 members to 11 members, (~- On 5/28/02 the BCC adopted Ord. 2002-27 establishing the 11 member committee. Membership shall be 9 representative of the residential interests within the Unit and 2 shall be representative of the commercial & business interests within the unit Terms will expire on March 31 Jay Cross, Executive Assistant to Clerk 732-2725 On 01/24/06 BCC adopted Ord. 2006-05, amending 2002-27 changing the name and appointment process, and including the restoration of the mangrove forest preserve to duties. FL STAT: 125.01 Staff: Barbara Smith, Pelican Bay Services Division: 597-1749 ( ~:':;:~-::;::-3;"':'_:-"::::~:i;::;';.;.'1:~~~;a'lo".";-"-"0._.:::r.:;:.,,:;~~~,,,~~~~~;-:-~.:~;:,,;:->,~.:;-,7_:'_~'..:!~"'::~~<;;;"":':"~1!I"~:i:':':~:"~;:-:--_~~.',"~'3-~-'";~U..;?$I!; Wednesday, February 28, 2007 Page 3 of 3 J MEMORANDUM DATE: January 8, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments Agenda Item No, 9A March 27, 2007 Page 9 of 28 The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PELICAN BAY SERVICES DIVISION Martin S. Feins 806 Knollwood Court Naples, FL 34108 George R. Metcalf, III 8430 Abbington Circle, #C-34 Naples, FL 34108 Robert A. Pendergrass 7225 Pelican Bay Boulevard, #502 Naples, FL 34108 John Iaizzo 6573 Marissa Loop, # 1902 (j C '; Naples, FL 34108 d- III Anna M. Halikas 783 Tramore Lane Naples, FL 34108 Theodore J. Raia 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 COMMISSION DISTRICT c!{ c9 ~ ry: JfK :)- &( cP ~ .I Michael Levy 6710 Pelican Bay Boulevard, #435 Naples, FL 34108 ~ Agenda Item No, 9/'\ March 27, 2007 Page 10 of 28 Thank you for your help. MEMORANDUM Agenda Item No, 9A March 27, 2007 Page 11 of 28 DATE: January 8, 2007 TO: Jay Cross, Executive Assistant to ~~k I Sue Filson, Executive Managery Board of County Commissioners FROM: RE: PELICAN BAY SERVICES DMSION BOARD As you know, we currently have 4 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Martin S. Feins 806 Knollwood Court Naples, FL 34108 George R. Metcalf, ill 8430 Abbington Circle, #C-34 Naples, FL 34108 Robert A. Pendergrass 7225 Pelican Bay Boulevard, #502 Naples, FL 34108 John laizzo 6573 Marissa Loop, #1902 Naples, FL 34108 Anna M. Halikas 783 Tramore Lane Naples, FL 34108 Theodore J. Raia 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 Michael Levy 6710 Pelican Bay Boulevard, #435 Naples, FL 34108 j ,L\,genda Item No, 9A March 27, 2007 Page 12 of 28 Jay, for your information, Mr. Christopher, representing Resident, resigned on January 8, 2007, increasing the vacancies from 3 to 4. Please adjust your baUot to accommodate this vacancy. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments e -., Board of County Commissioners Page lof2 Agenda Item No. 9A March 27, 2007 Page 13 of 28 filson_s From: martin feins [sonly01@comcast.net] Sent: Monday, January 08, 2007 11 :08 AM To: filson_s Subject: APPLICATION (2) Attachments: oledata,mso Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name:_Martin S Feins 5049 Home Phone: _598- ~ Home Address:_806 Knollwood Ct. Naples Code:_34108 Zip Fax No. Business Pbone:_oJa address: _sonlyO l@comcast.net e-mail Place of Employment: Retired Board or Committee Applied for:_Pelican Bay Services Category (if applicable): lay person Example: Commissioa District, Developer, tDvironmentallst, I.y penna, etc. How long have you lived in Collier County: Years_S Months Are you a registered voter in Collier County: Yes_X No Do you currently hold public office? Yes No_X Ifso, what is that office? Have you ever been convicted of any offense against tbe Law? lfyes, explain: Yes No X Do you now serve, or have you ever served, on a Collier COUDty board or committee? Yes If yes, please list the committeeslboards: No_X Please list your community activities (civic clubs, neighborhood associations, ete. and positions beld:_none in Collier county 1/8/2007 . - . Board of County Commissioners Page 2 of2 Agenda Item No, 9A March 27, 2007 Paf:je 14 of 28 Education: _B.A. Wesleyan University Middletown, Conn. Experieoce:_ 40 years on WaD Street- Member NY Stock Exchange, American Stock Exchange, Chicago Board Option Exchange. Trustee of Trust Funds-New London, NO 9 years, New London NO representative to the NHNT Solid Waste District-6 years Pletue flttaclr tuf}' addition'" jlffQnntllUtn YOII fed potbtelfl. TIlls applicfltio" sll",,14 be f"rwarded tlJ SIIe F/bolf. Execlltive Ma"ager tlJ tile Board of c"""ty C"IftIIIlssI""er:s, 3301 EiIst TtunUuni Tnzil, Nllple:s, FL 34112. If YOll wlsJt, plellSe f/IX ytHIr 1Ipp1Jctltiq" t" (23'J774-3602 or e-mIIII tlJ ,~ut'jilmn(i!Jco/lit'rgov. nJ'~ Tlltud Y""fflr I'fJ/affUerlng tlJ:row tile citiuns ofCtIIIW c-IIty. 1/8/2007 1 Board of County Commissioners Agenda ~~~ ~o~ti March 27, 2007 Page 15 of 28 filson_s e From: Beverly & George [bevgeo.met@gmail.com) Sent: Saturday I January 06. 2007 8: 14 AM To: filson_s Subject: Pelican Bay Services Div APPLlCATION.doc Attachments: image001.wmz; image003,wrnz; oledata,mso Sue Filson, Executive Manager, BCC Below you will fmd my application for a position on the Pelican Bay Services Division. If you need further information please contact me. George Metcalf Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 . Application for Advisory Committees/Boards Name: George R. Metcalf III Home Phone: 239-594-2902 Home Address: 8430 Abbington Cir. #C-34 Zip Code: 34108 Fax No. 239-594-2903 Business Phone: 239-594-2903 e-mail address:bevgeo.met@gmai1.com Place of employment: Retired Board or Committee Applied for: Pelican Bay Services Division Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years 14 Months 6 Are you a registered voter in Collier County? Yes Do you currently hold public office? No 1/8/2007 - - Board of County Commissioners ,iI,aenda ~~ ~oo\~ ~ fv1arch 27, 2007 Page 16 of 28 Have you ever been convicted of any offense against the Law? No -- Do you now serve, or have you ever served, on a Collier County board or committee? No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 1) I have been an active volunteer Mediator in the State of Florida for 14 years. Most of this has been in the area of small claims. 2) My wife (Beverly T. Metcalf) and I have been a member of the Naples Sailing & Yacht Club for 14 years where I served as Secretary of the Board for 4 years, and we also belong to the Imperial Golf Club. 3) I have been a board member of the Crescent (where we have resided for the last 9 1/2 years) for 8 years and currently serve as Board President Education: Penn State and Gannon Dniv. in Erie PA Experience: My business career was in the foundry industry in Erie, P A. for 29 years. I was President and CEO of The EM! Corporation for the last 18 years, retiring in 1989. Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (239)774-3602 or e-mail tosuefilson@colliergov.net. Thank you for volunteering to serve the citizens of Collier County. 1/8/2007 ~ 1 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No, 9A March 27, 2007 Page 17 of 28 Application for Advisory CommitteeslBoards Name: Robert A Pendergrass Home Phone: 239 597 3542 Home Address: 7225 Pelicc:an Bay Blvd #502 Zip Code:_3410S-SS21 Fax No.775 7035402 Business Phone:_239 216 4333 (celIL e-mail address:]obpender@comcast.net_ Place of Employment: retired Board or Committee Applied for: PBSD Board Category (if applicable): Example: Commiuiou District, Developer, eDvil'OUteDtalilf, Illy pe..... ete. How long have you lived in Collier County: Years 5_ Months_l Are you a registered voter in Collier County: Yes_X No - Do you currently hold public office! Yes If so, what is that office? x No Have you ever been convicted of any offense against the Law? If yes, explain: Yes Do you now serve, or have you ever served. 00 a CoUier County board or committee? Yes ICyes, please list the committees/boards: No X No_X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Currently Captain of 3 Pelican Bay tennis Previonsly captain of many tennis teams Education: CorneD Chem Engineer (masters) CorneD MBA Experience: US Navy Officer Viet Nam vet (2 years) GeDenl Manager of various Raychem DivisioDs in Europe (20 years) Group Sales & Marketing Director or Domino Printing (A UK CompaDY) Consultant toDomino Printing (8 years) (I have aD extensive resume also seDt to Jim. BDrke) Pl<<zse 1IttlIdI.. tuIditimttd illfol7ftl1tlimt ~/- pmJ-. nir ~" MtM1t16et-MI", $w l'ibM, F.ut::ldm MII1fII[Ie1' *' the Board o/CfJIUIty CtmtmissioIterS, 3301 East TamUImi TIYIiJ, NIIIpIs, FL 34112. If~ wisll.pkGe/tIX)1t1II'tIfJPIJct1tio" w (239) 774-3602 or e-mtllJ w suefilsodiiJml/iert!ol',nl't. Tltllllk you/or volulllnri1rg tD _ tile clthnu o/CMJJer Cmutty. e e- . Robert A. Pendergrass Agenda Item No, 9A fvlarch 27, 2007 Page 18 of 28 7225Pelican Bay Boulevard, Coronado 502, Naples FL, 34108-5521, USA Telephone 239597 3542 Cellphone 239 216 4333 robpender@Comcast.net Marketing/General Business Consulting: An accomplished international business leader with a proven track record in many countries. A qualified Engineer and MBA with the ability to develop business strategies, manage or assist a variety of managers to implement action plans and deliver profitable results. Experienced practitioner of quality management committed to training and developing staff. An enthusiastic natural leader, motivator and builder of multinational teams with an open management style Successful record of marketing and increasing sales for a wide range of products in marry countries Pioneer and developer of opportunities into commercial success Continuous record of initiating, leading and motivating multinational organisations CAREER INDEPENDENT CONSULT ANT 1996 - present Trainin2 consultant (2004-2005) · Develop and present Marketing and CRM programs for North American boat dealers Interim Sales & Markenn!! Mana2er 0996 - 2004) · Four month assignment with Domino Chinese Joint Venture serving as Sales & Marketing manager for the N which I established · Multi year assignment with Domino Germany developing and implementing market strategy for Germany · Continued assignments for Domino (world wide) and Shepherd Chemical Co. (Cincinnati, OH)as a CRM (Customer Relationship Management) specialist DOMINO PRINTING SCIENCES 1993 - 1995 Domino is a multinational high tech company based in Cambridge employing 1000 people world-wide with sales of $150 million. Domino is a world leader in the design, manufacture and sale of industrial ink jet printers for high speed, variable text, non-contact industrial printing for a wide variety of industries such food, pharmaceutical, automotive and commercial printing. Group Sales & Marketin2 Director Cambridge, UK, 1993 - 1995 Responsible for Direct Sales Management of various regions and establishing a Group Marketing Function Achievements: · Recognized the need to increase efforts in Asia; consequently recruited and developed personnel, and implemented business plans to achieve sales growth in excess of 30% in the region · Established a Joint Venture in China to sell, distribute, service and manufacture Domino's products in China · Created a Group Product Marketing by assembling and recruiting a tearn of professionals · Helped improve the environment for Quality by pushing for continuous improvement based on a company-wide Customer Satisfaction Survey . -. ~ Robert A. Pendergrass Agenda Item No" 9A March 27, 2007 Page 19 of 28 RAYCHEM 1972 - 1992 In 1992 Raychem was a multinational company employing 12,000 people world-wide with a sales turnover of $1 billion. The company exploited materials science, especially plastics, by design marketing and manufacturing proprietary products. The main product lines were based on heat shrinkable tubing which were sold largely through a direct Raychem sales force to Electronics, Automotive, Aerospace, Telecommunications, Electrical Energy and Process industries. Raychem was recently acquired by Tyco General Manaeer - Electronic Harness Systems Raychem Ltd., Swindon, 1990-92 Responsible for turnover of $50 million and a staff of 45 professionals, including Product Managers and Engineering personnel. Business responsibilities included marketing, design and manufacture of electrical harnesses used for interconnecting black-boxes in defence and heavy transport markets for the European region l:I Developed and implemented business policies and procedures to clarify strategy for Sales Engineers as well as top management l:I Reduced personnel from 45 to 28 over two years to ensure commercial viability Marketine Man8f!er - Defence Systems Raychem Ltd., Swindon, 1986-90 Responsible for sales support and technical assistance for defence and aerospace customers in European region, South America and south-east Asia representing an annual sales turnover of {120 million. My team of 30 professionals integrated products from 3 product divisions into a single Raychem system for defence and aerospace customers l:I Initiated a strategic plan for European Defence Electrical Markets subsequently incorporated into a European Electronics Strategic Plan General Manaeer - Militarv Ground Systems Raychem GmbH, Municb, 1983-86 Responsible for business management of Raychem's products for Army markets in all countries except USA, representing $45 million annually with a staff of 30 professionals l:I Created a multinational, multi-discipline team of professionals based in Munich l:I Increased sales by 40% over 3 years by geographic expansion and sales of existing products to new applications and markets General Man8f!er - Pipe Protection Products Raychem NY, Belgium 1979-83 Responsible for business management of products for corrosion protection and sealing of piping systems for district heating, gas utilities, construction and major pipeline markets with ultimate annual sales turnover of $45 million. Responsibility was initially for the European region and expanded to include sales in the USA in 1982 [J Formed a new business unit comprising direct and distributor sales, development, marketing and business analysis l:J Increased sales volume by 150% over 3 years with higher profitability Marketinl! Manaeer - Telecom Division Raychem NY, Belgium 1975-79 Responsible for all aspects of marketing Telecom products to European Region for outside plant cable accessories with a staff of 20 people. D Established a strategic plan for Europe which eventually evolved into a world-wide plan - a key step to successful growth from $8 to $35 million in four years l:I Personally responsible for the sale of a $10 million project to Saudi Arabia Agenda Item No. 9A March 27, 2007 Page 20 of 28 e Robert A. Pendergrass Country Mao82er - Ravcbem Raycbem A/S Deomark.1972-7S Responsible for creating a Limited Company in Denmark to pursue all business aspects from sales to distribution of products in the Danish Market. Q Built a thriving company. Sales grew from zero to $500,000 in three years [J Achieved greater than 50010 market share in electrical distribution for Raychem products PROCTER & GAMBLE 1966 - 69 Eolrioeer/Group Leader Responsible initially for the design and start-up of Pulp Mill Evaporation Systems in two plants resulting in early promotion to Group Leader. [J Rated in top 10% of Engineering Personnel US NAVY 1964 - 66 Destrover Officer in Pacific Fleet . Division Officer in charge of 20 men with a variety of ages and experience Q Rated in top 5% of Reserve Officers - requested to take permanent commission EDUCATION Cornell University, Ithaca, New York Master of Business Administration (with honours) - 1971 Master of Chemical Engineering - 1970 Bachelor of Chemical Engineering - 1964 University of Louvain, Belgium Applied Economics Studies (French section) - 1972 OTHER Languages Excellent: Danish, French, Swedish, Norwegian Fair: German, Spanish e e .1 filson_s Page 1 of2 Agenda Item No. 9A March 27, 2007 Page 21 of 28 From: The laizzo's [iaizzo@comcast.net] Sent: Friday, January 05,20071:41 PM To: filson_s Subject: PBSO Apllication Board of County Commissioners 3301 East Tamiami Trail/774-8875 Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: John laizzo Home Phone: 592 - 0678 Home Address: 6573 Marissa Loop, #1902 Zip Code: 3M08 Fax No. 592-0671.._ Business Phone: xxx e-mail address: iaizzo@comcast.net - Place of Employment: ~ Board or Committee Applied for: Pelican Bay Services Division Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years 11 Months ~ Are you a registered voter In Collier County: Yes ~ No_ Do you currently hold public office? Yes _ No ~ If so, what js that office ? Have you ever been convicted of any offense against the Law? Yes _ No ~ Do you now serve, or have you ever served, on a Comer County board or Committee? Yes ~ No_ If yes, please list the committees/boards: Pelican Bay Services Division Please Itst your community activities (civic clubs, neighborhood associations, etc.) and positions held: * St. Marissa Board Condo Assn., VP 1996 -1998 * ettUcan Bay Men's Coffee. Board member/Secretary, 1997 - present * Coast Guard Auxiliary. Staff OfficerlTreasurer 1997 - present 1/512007 e e e " KI~nis club, 1998 (6 months) Page 2 of2 Agenda Item No, 9/"- r'.I1arch 27, 2007 Page 22 of 28 "Italian Cultural Society: Treasurer/Member 1999 - present " Neighborhood Health Clinic: volunteered over 300 houl'8 " Pelican Bay-froperty Ownel'8 Association: Board 2000-2003 " ~licaI'LBay Service Division: Director 2003 - present Education: My education was primarily in electronics and computer systems. I completed my formal education evenings at Queens College and earned a Mastel'8 in Computer Science in 1982. Experience: My professional career covered a number of related Engineering jobs. I completed 30 years with the Grumman Corporation in 1995. as a senior software engineer. Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson. Executive Manager to the Board of County Commissioners. 3301 East Tamiami Trail, Naples. FL 34112. If you wish, please fax your application to (941)774-3602 or e-mail to suefllson@Colllergov.net Thank you for volunteering to serve the citizens of Collier County. 1/5/2007 4t - -1 12/28/2a0G 14:08 Agenda Item No, 9A March 27,2007 R C {'..... r:: \ ' Page 23 of 28 .\;,l...\."....f iED PA3E f31 .i !:}~ n.; 7007 - ---- , ~ g i1 ., Board of COUDty Commisslooeti ut County Commission rs.. i .. .3301 Eaat T....... TraU ~. _ ~ Nap.... Jrt 34112 IlC (%3') 774-1097 ~ 1= Fax: (ut) 7''''360% j i . t ~ ~ JJ ... 1 23C37743Sil2 8:IC OF~rCE AppUcatlon for Advisory CommitteeelBoards ftfp.J. ~ W 1A/1 ~ ~-47 s-'Iz.'- Name: r tJ. '/I , .. I . 'fI L I ~ A5 Heme .bea': . HOIMAddresl: ;1 P- 3 Jt.rJlH/)jt.~ t.NAJ.IL ZlpCMe: ., V /tJr Fax No. {92.. ()j""'1:J Bu"",, 'bOllet J>~" / ~r ......u~~~.wI Plaeeotr.mplD'frJteat:f1pt~Ic,~c~' .P11,. . V BoardorCorma1trtoAPpGedtor:/tUl.lJtAJ ~lliJ 'Y115 T8L1 ~CcfYI~ C.tepry(ifappli*le): LA~~J""'!' ~~ /J~.t9~,'f"~ ElcaftIJIle: eo......... DIIittd, tlev"-;;. ........_efll1l..,I.,............ ~ How ~ llP010U Uved . CoWer Cou..t7~ V.an 9~ Meath. Are feu . rec..rett "Oler III CoII1tr Coaly: Yea v?' No No V i' .. ))0 you prreatly beld pubk otIkle" Ya If __ "bat b tUt IfUtd H....e you e-vtr beeII coDvicttcl &f uy offeDse ..ailllt the Law? Yes. Ii y.. .pl. .Do Y" M'lf ~ ..., Itavl YDII ....... Hn~ 011 . CeWer COIlJllty baird or tollllDlUJe! \'. 1t)'1I, )llalelilt liIe COllllllltieellboanll: No/' No V v- .. 1'CMa. -* MIJI fIIItJiIiMM 1If/~ ~./<<I,.;iM1Ii. n.lI..liu",........., ~.....'~.".,.. .w..,.,.. _~oft:tMllUYC_IM~ llfl €at~ :n.dI,.....,., n J4U1. /ltJGI' wid.1fl-/lu,., lln~rh" rl.. (11')11+.1..,2 IN.."..p ... '-~"'-.l'& 11I-',1M/ftil' -.I....""" _ .., -...I1/CIIl/tIr e..,. -- -- . Advisory Board Application filson_s From: tedraia@earthlink.net Sent: Thursday, January 04, 2007 11 :43 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 1/4/2007 11 :42:38 AM. Name: tTheodore J. Rai~ Home Phone: 1239-594-28511 Home Address: r 117 Pelican Bay Blvd., Apt. 4041 City: lNaple~ Zip Code: ~ Phone Numbers Fax: I Business: I e-Mail Address:ltedraia@earthlink.ne~ Work Place: ~etire~ How long have you lived in Collier County: [!g Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !pelican Bay Service Divisiocl Category: !Not indicated! Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Page I of I Agenda Item No. 9A r'v1arch 27,2007 Page 24 of 28 Please list our communi activities: irector, Pelican Bay Foundation, Volunteer for Habitat for Humanity, Director, Pelican Ba o Owners' Association, Education: S in Mathematics, Manhattan College, MD University of Rome, Radiology Residency, Walte eed .A..-:nr' Medical Center. 1/4/2007 e -- .. 01/~4/2007 12:29 2395'342851 THEODORE J RAIA JRMD PAGE 131 Agenda Item No. 94 March 27, 200~ Page 25 of 28 Board of County CommistiODen 3311 :t.I.t Ta..ilIml Trill Nap"'" FL 34112 (%39) 774-809'7 Fall.; (%3') 774-3602 R E C E rv JAN n 4 2007 Application for Advisory Comm1ffec.;vs1B~rdl N..cr ~eo b (!)J2...€ '--::T. R A , ,q IkMH .....: 2..:12- $""11- e 8 S-( I Horae A.".,...: 71/7 Ph-LICit,.., 13.4"f' 1SLV () JJ- ~g,'h,.:31./ If) g i ruNo. ~""M~ ......nOlM: - - .....U.ddrwI; 7J;'DI2RIII @.F"~-rN'iJ'#:. ....aorE~.t: Re""t!~ I Beard or COIIUIItttee Appled for:'pEJ-,\ '-AN is A~ ~"-R\1\CS b, V) 501 ON Catepry (if appliuble): Ea.....; c-.... Piftrk.. ......... ...,....11I........ .., ........ Co Bow loDe me yn lived ha Collier Co...,..: Yean 9 MOIl" VN. No ~ A.re YM. .....red ..fer" coWer Couty: v. Do ,.. ......t.,. ..ad ..bile 0...1 Y. If... .... II n.t eIIIc:e? Have yoa ever Mea coavieted .f aD, ofte.M .pillat tile L......! If "... _plaia: v' Yes No 0.,... ... ""'t, or NYC YO. '"" Mn'...... CoI'" eo.1I1y _rd., w.....,. Y.. It yw, ......Ibt taM ~........"...; v' No Plea.. Mlt )'CMIr co....lIy IIdIvitiel (cMe ehabI., .....borllood MIOCiatitu, ete. ... polIidoDJ ~eld~ I (tecTO A..<v ~~JJ :~~ F:u.!/;~~1 ~~ ~'H'(.r~~' l5 '" 1#1\. "C""f t) I l. J D if~..,.,-"n...'" ., r"T 1== tJ t\. \..\, V M.4UJl 'r" r Ed_, B:'L4~~r~"T~ ~~1I~~ ~~ "'f UV,\Jlt?a.s.fT'fI!!J- If\'' Q ~L ~, I .,.. iJi?...r;:. Eg:~~1~4~:;Wti['l?ji.V;:-ui;l;~~ ~ ..... ~ .., ~ ..rf 1 JIf1II/WI,."... ,.. ~ r"'ffrlf ....",..JIt4..... II Sow ,..,... ,..... ",...., II .., ....,,,,~ !'I'll . J' IT~ WI E.- ,....... fNI. ~ n. ",',1. UJIfIII ....",..,,.,,..,....rt If ... (V,}"l-Ja1.,........ "1M~!!tr .",.. ~"" 1 lIT 09"'" II _.., ""lI!f~ 0IrIM00. . -. . To: 514-3217 12/28/06 03:08 PM From: S~r1nI8P&Ula pa,. 2 01 2 Agenda Item No. 9A March 27, 2007 Page 26 of 28 ,P_- ....,.. ~-'-'"\ ~~..~ Board of eo.nty CommtuloDen 3301 &at Tarnland TnU Nap" n. 34112 (ZB) 7'74-109'7 JI'uJ (239, 774-3602 '..J -.\.,'n\,:~.-:; '. ,( Application for Advisory Committees/Boards l'iUM:PONft L-C Sf>>At-J ~~ ao..n..:l~cf..::>1t1-"''i11 Bo_AdII..-:~TqJ~ LANff 2lpCock:~~! Fu No)8'1!fr"l ~"-J 7 aUI__ plloo<<:-;:t3~~7 ~~ ..m8I! ~.--: ~ II r~ rl"'/'fC...A:; r, NET ~.I"""I.t:jlli'l" ~ 0 BoardorC'''-~AppUedfor.f'f!uc~ N !JAY M~U ,q,bVLSORV C'".lII'" r1"'rfS. c.~ (ifapphcable): R8c:;' lOe..J 1" EaanIplet c........ D*I1d. ~. ~'-"llll" la, ........ .... How loa&uve)'Gll lived lD eoW.Cnaty: Yean ~1.B.V't!1l ~ tr Mo,sJ An yea . ..pteI ed ...... in CeIIIar Couaty:~. V No 1)0 Y01I curr1IIltl)' ~ ofDcef v. ~ No 4J...--.... Jre., wbt ..1UI.....f~RRS 1 b!3lJT""" D(A R tf"!'i W t' AM ~ ,",SlPJO ~ ~ ~~ ,.r~.J:! No v Have you ever ben coavkUcl of u1 ofteD.e aptut tile Law? Yes Ir~ ......1 O')'O'aQ-""...or....,.._~_.Call~IC~~ll'A~.,.I_! y_ V. N. If,., ........~I~~Il.<R-~ ~~v .!.1Q't'l~'t' ,~\T~ __ _ __ "_ _ .". ()S2~~- -.-- -h~tioa:~T~~~ ,.;~ 1f;-c~f.h!:~y - L39...t~D, ~..LC.\.~~M. 1Bt6t=;,Jj) I~ " -~~~ "... -* -u...... ~ ~""",.,.,,-. ne.,. - I' .'-M Hfw-MI. S- n-. ~ 111......,. '*... #/c...,c_....._. nol ...~, n... .IV..... n ,.113. q,.. ....,,,...fec,..' ~r rr ....... (!nJ'u..JU:.,-.... - ~ "'10 -..- n.u~~'-"'-""'-".4'iIIw"'-rCMlor~ - -- ----------------- - ~ ~ PAGE IH Agenda Item No, 9A ..Mj;lf.C,b.,2,l... f007 h r?a~e. ?7 ;~l,~D ;L --. o . il/07/2005 23:29 9415143217 DONtlLD SPAI-HER "j; .'....,,~ I:)!if;r~ ~ Board or County Commissioners 3301 Eatt Tamlaml Trail Naphes, FL 3411Z (239) 71"-8091 Fa: (%3') "'''''3'02 Name: Application for Advisory CommitteeslBoards , Home PhoDe:~,< 514 1<i /7 Zip Code:~C1 ~ ewmail acldreu: Do yOll a_ nnl, or hlv, )'OU ever "/"I' 11!l:I!;;; ltc' the colDmittaftlbearc!a: ntyboard r~~~_ Piau _ci .", 1IIIINti... ifl/.---., ]It'- jut".miNlt.. 1'1111I ~,;." .....". H I_I'(/d.. SI4. "'-H, ~w. M""..., ,. tiw/l-n .IC~"'lftyC_...".,." JSfl E." r...... TreJI,fliflpIM, FL JJ1J1. IfY" ""'Il."...,j.."..,,~,. ,lJ,) 774.J&D:l ., _1IiI.. ...IIl~....... n... ~.ft,. wlMrnrlll6 Ie .~ 1M c/t;u""1 Cll/lltl, C.."",. Advisory Board Application filson_s Page 1 of 1 Aoenda Item No. 9A ~ March 27, 2007 Page 2S of 28 From: mike levy 1 @earthlink,net . Sent: Thursday, December 28, 2006 3:44 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Application was received on: 12/28/20063:43:48 PM. Name: !Michael LevY! Home Phone: ~ 59C/ - /7 tf / Home Address: ~710 Pelican Bay Blvd. #4351 City: lNaple~ Zip Code: ~ Phone Numbers Fax: ~ Business: ~ e-Mail Address:jmikelevyl@earthlink.ne~ Work Place: lRetire~ . How long have you lived in Collier County: ~ Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !pelican Bay MSTBU Advisory Committe~ Category: !Not indicated! Do you currently hold public offiice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: nterlachen One Condominium Association - Treasurer For the 1993 through 1995 tax seasons as a volunteer in the AARP/IRS Tax Pre aration Assistance Pro for the elderl . . Education: IBs from M.LT. MBA from N.Y.u.1 12/28/2006 ,- Agenda Item No, 98 March 27, 2007 Page 1 of 6 EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO REQUEST THAT COUNTY MANAGER JIM MUDD HAVE EMS DIRECTOR JEFF PAGE'S LETTER TO NORTH NAPLES FIRE CHIEF MICHAEL BROWN, DATED OCTOBER 16, 2006, OFFICIALL Y RETRACTED. (COMMISSIONER HENNING) OBJECTIVE: That the Board of County Commissioners request to have County Manager Jim Mudd direct EMS Director Jeff Page to retract a letter written to North Naples Fire Chief Michael Brown. Letter dated October 16, 2006. CONSIDERA TIONS: The Heritage Bay PUD, Ordinance 03-40, officially adopted by the Board of County Commissioners on July 29, 2003, includes Section 2.22 OTHER PUBLIC BENEFIT COMMITMENTS, Item A. General Government Site, states: "The developer agrees to donate 7.73 acres to the County for utilization by the County as a satellite operations center including emergency medical services, sheriff's substation, fire station, pump station, well site.....". In EMS Director Jeff Pages' letter to North Naples Fire Chief Michael Brown dated October 16, 2006 states (in regards to a proposed joint EMS/Fire facility on said property on the Heritage Bay PUD) "I have no objection to providing a long term (40 year or 99 year) lease, such as we have at the Pelican Bay location". FISCAL IMPACT: There is no fiscal impact for retraction of Jeff Page's letter. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact for retraction of Jeff Page's letter. LEGAL CONSIDERATIONS: There are no legal considerations at this time. RECOMMENDATION: That the Board direct County Manager Jim Mudd to direct EMS Director Jeff Page to retract the letter of October 16, 2006 to NOlih Naples Fire Chief Michael Brown due to erroneous information regarding the Heritage Bay PUD proposed General Government Site and express the County's intent for ajoint facility. Prepared by: Commissioner Tom Henning Item Number: Item Summary: Meeting Date: Agenda Item No, 9B March 27, 2007 Pa[Je 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9B For the Board of County Commissioners 10 request that County Manager Jim Mudd have EMS Director Jeff Page's letter to North Naples Fife Chief Michael Brown, dated October 16, 2006. offlcally retracted 3J27/2007 9,0000 AM Date Prepared By Sam Tucker Board of County Commissioners Executive Aide to the BCe BCC Office 3/20/200710:33:32 AM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe BCC Office 3/201200710:37 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 312012007 12:24 PM I ,,,',.cO"",,. .""., ,".: : .J'"'" CS : . a::::> _ , ;~~~:"E,::::~~~J DaD E. Summers CEM Bure:JlI Di.rector , 5"~~', ,'".-"V: .-,;"Fitr,~ ':!~~'q; ""i;;j Dr. Marta Coburn :~r"'.Z;,: Distnct Medical Ex!mmci':d.'A~.l . :ff~J :;;;~~il' i~~i~";1 Hom","d S:cu"ty ':' '.~j :::~::~:.ns ':J~~ Ernt:'rgency Management'. '.:'~~'-l T,:)ln""" 'lr1~~ .. ~",-.\ :.: ,'~~~~~! ::;~~j Dr. Robert Tober E~IS :vkdlcaJ Director :~~ J (~! "~,/~.::!5 ~f. Agenda Item f-Jo. 98 March 27. 2007 Page 3 of 6 : :;L=',I.Ir~ CC)";j(i'T-,( 2~'~:-:,~ .':.1;=j'1 E"1>":E::~,,~:S~,iC-~- SJ:R~iICZ3 -~---- -~- ~l< ~~< ...;2..~' ~/=.:: =>i I~'.~'~=- :"j'?(/~ '=E3 ~"7u: -)1\11111 l'k'f)(~h,lC ~)!"i\.: ~,,1111.:s, I-k,!ItiLl ~.Jln-l ) :39.'1';...;;-1)1) ) r\\ ~JI.i-:"5..~45-1 ~,~ . :....'~:!.:; October 16. 2006 .~. ::.~.;! Chief Michael L Brown North Naples Fire Control and Rescue District 1885 Veterans Park Dri ve Naples, FL 34109 RE: Joint Fire/EMS Stations Dear Chief Brown: Thank you for your letter oC October 4th regarding the possibility of joint E\1S/fire stations. EMS purchased land at Vanderbilt and Logan for the construction of an EMS station. Since this station will be iocated within the jurisdiction of Golden Gate Fire. we are continuing talks with them. Therefore, we would not have an Interest in the Oakes Boulevard property. which is very near our VBRJLogan location. Also, as you are aware, Collier County currently has plans to build an EMS station at Heritage Bay. We met some time ago with Assistant Chief German, who offered input in the design to accommodate fire. along with EMS. That stalion design has been finalized and the SDP has been submitted. While you indicated an interest in this location, you mentioned a concern regarding assurances of long term use of the facility. r have no objection to providing a long tenn (40 year or 99 year) lease, such as we have at the Pelican Bay location. We will continue to look at future joint stations, however, at this point in time, it appears that it would be best for the County to proceed with the hui Iding of the station at Heritage Bay and would be happy to discuss the above mentioned long term lease with you should you wish to co-locate at this site. Agenda Item N I, 98 March 27, ~007 Page 4:of 6 I agree that viable locations are becoming more difficult and costly to obtain and let me reiterate that the County is not ruling out joint stations, We will look forward to discussing this funher with you and working with you in the future. Sincerely, ~~ Jeff Page, Chief Emergency Medical Services CC:Leo Ochs, Deputy County Manager Dan Summers, Director, Bureau of Emergency Services -~ Agenda Item No. 98 March 27. 2007 Page 5 of 6 ORDINANCE NO, 03- 40 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH 5:; INCLUDES THE COMPREHENSIVE ZONING REGULATIONS r ' FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, _ ., FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS r~'. _ i NUMBERED 8613S, 8613N, 8614S, 8614N, 8623S, 8623N, 8624S r.,'j AND 8624N BY CHANGING THE ZONING CLASSIFICATION OF :'1:" THE HEREIN DESCRIBED REAL PROPERTY FROM 'A" RURAL F,-,: AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT ~ ~ KNOWN AS THE "HERITAGE BAY PUDlo LOCATED ON THE ~j:;:; NORTHEAST CORNER OF IMMOKALEE ROAD (C.R. 846) AND COLLIER BOULEVARD (C,R. 951), IN SECTIONS 13, ]4,23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 2,562 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. U1 ,.....,) ~.::~ 0;.,.\ ,,;, ':I -:! I (,", '......... ; ~. ~-.i .1:- :,.:1 WHEREAS, Richard Woodruff, AICP, of WilsonMiller, Inc., representing U.S, Home Corporation, 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, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the "Heritage Bay" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein, The Official Zoning Atlas Maps numbered 8613S, 8613N, 8614S, 86]4N, 8623S, 8623N, 8624S and 8624N, as described in Ordinance Number 9]-102, the Collier County Land Development Code, are hereby amended accordingly, SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florid~ this 29th day of JULY ,2003. ;~\ ,~\\\I\UIl'''''tt'i, ;':';' A~~~<ts:$1,~w.an' s f~~ty~;;~~!..;.. \" ' ;.::;;..:: ~/'ll't:/;.:...>.. :.~'S " ; ;';(fT~'f::':, ~~".: ~ ~ '. ^. Agenda Item No. 98 2_fj1prch 27, 2007 . Page 6 of 6 F. The road impact fee prepayment of $5,000,000.00 shall be applied as the first 50% payment required under Division 3.15 of the LDC to obtain Certificates Of Public Facility Adequacy which Certificates shall be issued by County upon receipt of payment. G. The developer shall not request a full median opening on Immokalee Road, nor on County Road 951, any closer than Yz mile from the intersection of said roadways. However, a right-in and right-out access may be constructed on either or both of these roadways within that Yz mile distance at the Y. mile distance, H, The developer shall not be entitled to receive building permits for more than 2,588 dwelling units (which represent 75% of the total approved number of dwelling units) until the first of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than Yz a mile north of its current tenninus at Immokalee Road, or (2) after July 1, 2006 and together with the completion of the Lee/Collier County Project Development and Environmental Study for County Road 951 Extension and approval of the" no build" option by the respective Lee and Collier County Commissions, or (3) July 1, 2008. Building permits for dwelling units which meet the County's guidelines for workforce or affordable housing are exempt from and shall not be included in calculating the 2,588 dwelling unit building permit limitation. 2.22 OTHER PUBLIC BENEFIT COMMITMENTS A General Government Site The developer agrees to donate 7.73 acres to the County for utilization by the County as a satellite operations center including emergency medical services, sheriff's substation, fire station, pump station, well site and general government center including offices for other constitutional officers. This donation is not subject , to the receipt of impact fee credits, B. Parks and Recreation The developer agrees to prepay $2,8 million in park impact fees to the County within 45 days of the effective date of this Ordinance. This amount shall be credited against the park impact fees due from the development. Additionally, the developer will donate $717,000 to the County for use in developing regional park facilities, This payment is in lieu of any donation to the County of any lake system, or access thereto, within the project. C. Well Sites Responsibility of the Developer: I I II 11 ,I I. 71'2312003- 111347 v.,: 141. OVYEHR ,..., NG444-0OS.00). PPHS. 2ua2 Agenda Item NO.1 OA March 27, 2007 Page 1 of 10 Executive Summary Request the Board of County Commissioners to reaffirm the staff actions taken in association with the Advanced Life Support Interlocal Agreements. OBJECTIVE: The Board of County Commissioners is requested to reaffirm the staff actions associated with the staff generated correspondence for potential termination and concurrent revisions to the Advanced Life Support Interlocal Agreements (ALS Agreements), between the County and various participating Fire Districts. CONSIDERA TIONS: Over the past several months, the Emergency Medical Services Department has documented numerous incidents in which participating fire districts failed to comply with the terms and conditions of the ALS lnterlocal Agreements and the medical protocols and program guidelines established by the Collier County Medical Director. Substantial deviations from ALS Agreement language and infractions upon the rules contained with Chapter 64E-2 of the Florida Administrative Code have been noted. Several key areas of concern include: . Duplication of resources, inconsistent staffing levels, non-pennittedlunauthorized apparatus, inadequate opportunities for clinical practice and refusal by some fire districts to respond to specific emergency incident types. Florida Administrative Code allows for the County to manage/adjust/correct the operations of pennitted ALS apparatus. Varying levels of pre-hospital service delivery efforts by the participating Fire Departments are outside the provisions of ALS Agreements and/or goveming Florida Administrative Code. . Florida Administrative Code requires a medical director approved quality assurance program to assure proper patient care and medical director oversight of all ALS delivery components. Multiple attempts by County staff to enforce consistent submittal of patient care reports have met with resistance, refusal and/or inaccuracies beyond acceptable quality assurance levels. Staff concerns and actions: Collier County Emergency Medical Services staff went to great measures to professionally address the concems related to Advance Life Support Agreements to maintain Collier County's high quality standards under the direction of Dr. Tober, the County's Medical Director. However, having been unsuccessful in obtaining compliance, staff deemed it necessary to make formal request to the Fire Districts to develop new ALS agreements that would guarantee program compliance and protect the county and its medical director from potential liability and Agenda Item NO.1 OA March 27. 2007 Page 2 of 10 state enforcement actions. Noted below is a sequence of events and actions by staff that generated the action to make notice to terminate and re-tool new ALS agreements. January 08, 2007 " MedCom 45" as a radio identifier suddenly appears on medical calls. There is no notice from North Naples Fire District [NNFD] detailing who this person is, responsibilities, qualifications, scope of work, etc. -Definition of "MedCom" as identified within the Collier County Fire Chiefs' Association Communication Manual as recognized by the Dispatch Center: "EMS Administrative or Operational personnel with command responsibilities". It appears that MedCom 45's operations have not adversely affected operations. Informal reports from crews and staff are that he (Captain Chuck Bacon); NNFD simply shows up on calls and assists. He does not make any attempt to command personnel or affect patient care. Division Chief Bowman, CCEMS continues to monitor his actions and receives reports while he prepares to approach NNFD's newly appointed Assistant Chief, Robert Metzger for clarification of MedCom 45' s roles and responsibilities. January 30. 2007 "Division Chief Dan Bowman, CCEMS is informed by several EMS staff members that MedCom 45 responds to EMS calls and cancels permitted NNFD ALS Engines prior to anyone arriving at the patient's side. MedCom 45 's intention appears to respond in lieu of the full ALS Engine response. NNFD has still not noticed the County of the intentions, qualification, or equipment carried by MeclCom 45. Division Chief Bowman has a meeting scheduled with several fire department chief officers in less than a week. In preparation, staff researches if MedCom 45 is within the EMS2000 reporting system. It is discovered that it is not and Captain Bacon, while responding as a first-due apparatus, is not personally inputting patient care reports. As a result, an informal study of FD's history for accurate reporting of ALS apparatus staffing is ordered. The results of that study are noted as Appendix I to this Executive Summary. Februarv 05. 2007 "Data was produced to show that all Fire Departments consistently fail to submit accurate ALS Staffing levels to the County. DC Bowman sends a request to all participating Distticts to follow up with their staff to assure they are compliant with the mandatory reporting procedure, -Division Chief Bowman, CCEMS attends a Cross Training Academy meeting with several Fire Department Chief Officers. AC Metzger is not in attendance. Nobody in the group can explain MedCom 45's responsibilities. DC Bowman, CCEMS meets with Chief Page and it is agreed that a formal inquiry must be sent to NNFD asking them to explain the position. BOVv'lTIan sends the email. 2 - - Agenda Item No. 10A March 27, 2007 Page 3 of 10 -Battalion Chief Epright, CCEMS contacts Bowman to inform him that there is now a "MedCom 25" responding to calls in East Naples and crews are becoming more confused by the roles these new personnel have on medical scenes. It is decided by Page and Bowman to remind County personnel that despite the "MedCom'" definition, the Interlocal Agreement states that County paramedics are in charge of all levels of patient care. Dr. Tober is consulted and he informs Bowman that he has not authorized the use of the Medical Command designator. February 06,2007 -~ivision Chief Bowman writes to all ALS fire districts and explains that there are some legitimate concerns with the adoption of the Medical Command desib'1lator and requests that all districts restrict its use until the County can be provided information. -Division Chief Bowman, CCEMS receives a reply from NNFD Metzger. NNFD refuses to discontinue the use of the MedCom designator and offers no consolation that they are willing to discuss the matter. Metzger's email is filled with errors and written in a hostile tone. In addition, the email is copied to all fire districts. Division Chief Bowman responds back to the entire group strongly and corrects Metzger's errors, commends their efforts and requests that they meet in order to come to a solution. Within moments after Bowman sends the email, Metzger calls Bowman. Bowman explains that regardless of their differing options, he believes that it should be agreed upon that canceling ALS apparatus prior to arriving on scene is a very dangerous practice. Metzger replies that he does not believe that is happening and says the County must provide proof that this actually occurs. Bowman replies that he has witnessed several accounts on the radio and is it necessary for the County to expend all of the resource to support a very evident practice. Metzger says it is not necessary and he will consult his staff. February 07, 2007 -~ivision Chief Aguilera, NNFO, sends an email to DC Bowman, CCEMS explaining that MedCom 45 does cancel permitted ALS responses and it remains the intention of NNFD to continue the practice despite County's order to discontinue. -MedCom 45 and 25 continue to operate in the streets of Collier County. It is reported that M edCom 45 continues to cancel permitted ALS responses. Februarv 09, 2007 .Oivision Chief BO\\'man, CCEMS sends an email to FD executive level chiefs to attend a workshop to remedy the confusion that has spread throughout all of tbe departments. It is scheduled for the following Thursday. -Dr. Tober sends a Jetter to all FD departments illustrating several severe discrepancies in ALS service delivery and orders that any non-pennitted ALS apparatus discontinue operations. .Oivision Chief Bowman, CCEMS and Chief Jeff Page, CCEMS contact all FDs directly and instructs them to remove their ALS equipment off of the un-permitted vehicles. East 1\ aples Fire Department's MedCom 25 refuses to remove the equipment. 3 Agenda Item No. 10A March 27,2007 Page 4 of 10 The only Districts that RSVP are Isles of Capri, Marco Island and City of Naples. North Naples does not respond until the day before Thursday meeting, and East Naples never writes back. February 12.2007 -Chief Page, CCEMS directs DC Bowman, CCEMS to submit a RLS asking if it is necessary for the County to sunset the existing Interlocal Agreements in order to address the changes that have occurred in the ALS Engine Program. February 13, 2007 -Division Chief Bowman, CCEMS and Dr. Tober meet with NNFD's Metzger and Aguilera. NNFD attempts to distort the history of their "quick response vehicles" so to allude to County culpability. The meeting does not go well and Metzger makes several references to the media becoming involved. In addition, NNFD accuses the County of discriminating specifically against NNFD and they will seek legal council for options. -Division Chief Bowman, CCEMS contacts ENFD DC Teague and orders him once again to comply with Dr. Tober's direction from the previous week. Teague continues to refuse to remove Medcom 25's ALS equipment until Bo~'tl1an advises that his forth attempt will be through an email.Chief Page contacts ENFD Assistant Chief C Potteinger and they immediately comply. February 14, 2007 - County Attorney's Office replies to the RLS recommending a retooling of the Interlocals. February 15, 2007 -As directed by Director Summers and Chief Page, Bowman faxes Summers' notification of termination letter to all Chiefs. February 16.2007 -Zoll Medical our contract defibrillator and monitor vendor provides supporting documentation to BC Ortega, CCEMS and Chief Page that NNFD's procurement of heart monitors without the Medical Director's direction is unlawful. Collier County EMS staff conducts a quality assurance assessment and denotes the following as it relates to fire service responses. A random sampling of 165 responses illustrates that the fire department's responses is comprised of primarily BLS incidents, and incidents when they arrive prior to County resources is as defined: ~- 4 .- Agenda Item No, 10A March 27, 2007 Page 5 of 10 2 . BLS Incidents - No ALS care reQuired (146 Incidents) . ALS Incidents - Proper treatment prollided by FIRE DEPARTMENT prior to COUNTY arrillal (2 Incidents) . ALS Incidents - Impropet treatment prollided by FIRE DEPARTMENT pnor to COUNTY arrival (17 Incidents) 1 st QUARTER FY06"()1 QUALITY ASSURANCE REVIEW Annual Update to Inventorv Reporting:: During the 2007 Annual Update to Inventory Reporting study effort the Productivity Committee ask the Board of County Commissioners, to give consideration to the ALS engine program as a contribution to the number of EMS transport units computed in the level of service standard. Staff from the Emergency Medical Services department expressed concern regarding the inclusion of ALS engines as a contribution toward transport for the following reasons; A. The AUIR required a designation of the number of transport units as a formula of per-capita population. ALS engines do not have transport capability. B. The A UIR reports on county owned assets or resources. Collier County EMS does not own or operate the ALS engine program, as it is administered by an Interlocal fashioned document with resources owned by the independent fire districts. C. Collier County EMS was able to illustrate the inconsistency with ALS engine program resource availability. Please see Appendix 1. 5 - Agenda Item No.1 OA March 27,2007 Page 6 of 10 Direction from the Board of County Commissioners was received to have staffre-visit the ALS engine agreements to find avenues for improvement and efficiency. The Board further directed staff to find solutions in the ability to count the ALS engines toward some formula ofa transport unit. These efforts also supported the staff decision to re-tool the existing ALS agreements. D. Collier County EMS has procured grant funds from the State of Florida to have a consultant review the ALS Engine program and ALS Transport program to conduct an analysis on the level of service standard. This research and subsequent recommendations should assist staff in validation of the contribution of the ALS engine program toward the number of county transport units and subsequent level of service standard reviews. This study effort by the consulting firm is expected to begin in July of 2007 and be completed by December of 2007. Other Attachments: Attachment 1 - ALS Engine Daily Compliance Reporting - Page 8. Attachment 2 - Correspondence to the ALS Fire Districts regarding ALS Agreement(s). -Page 10. FISCAL IMPACT: None: GROWTH MANAGEMENT IMPACT: None RECOMM END A TION: Request the Board of County Commissioners reaffinn the staff actions of notice of termination of the ALS Engine abTfeements while negotiating a new ALS Engine a!:,Tfeement to address quality assurance, medical control, medical accountability, and level of service standards. SUBMITTED BY: DATE: REVIEWED BY: DATE: APPROVED BY: 6 Agenda Item No.1 OA March 27. 2007 Page 7 of 10 ALS Engine Report 2006 . Compliant Reporting 1200/0 1000/0 800/0 600/0 400/0 200/0 00/0 100.00/0 00/0 430/0 360/0 250/0 ENFD NNFD MIFD NFD ICFD *Compliant Reporting = ALS status was reported and personnel were identified ALS Engine Report ENFD NNFD MIFD NFD ICFD Compliant Reporting 111 1 73 132 365 Table showing each Departments total Engine Reporting compliance for 2006 (expressed in days) (N=309) 7 Agenda Item No.1 OA March 27, 2007 Page8of10 ALS Engine Report 2007 (as of February 23rd) . Compliant Reporting 1200/0 100.00/0 1000/0 81 DID 720/0 800/0 500/0 61 DID 600/0 400/0 200/0 0010 ENFD NNFD I\lIFD NFD ICFD *Cornpliant Reporting = ALS status was reported and personnel were identified ALS Engine Reporting ENFD NNFD M!FD NFD ICFD Compliant Reporting 29 18 22 26 54 Table showing each Department's total Engine Reporting compliance for 2006 (expressed in days) (N=36) 8 w-.O#.......-.._-.. ~. S5S _,,,-,~,I.JI1.mUIaI Jefl '.i.fJ:iC C'lud EM1;.;:tYtf ~ Agenda Item NO.1 OA March 27,2007 Page 9 of 10 COLLIER COUNTY BUREAU OF EMERGENCY SERVICES EMERGENCY MEDICAL SERVICES I FIRE DEPARTMENT 27G, South Ha"""t."" Drive * N."l"" Florid. 34104 . 23...774~459 . FAX 239-nS-4454 To: Chief Robert Shank CUd Mike Murphy dUef Mike Brown Otief Jim 11cE voy From: Dan E. Summers, GEM B\.lR:<lu Director Date: Febru:.u-y 15, 2007 Re: Advanced Life Support Engine (ALS) Partnership Program Purswnt to recent l~-,&..u review and associated term<; within the lmcrlocal Agreements bcrn'ecn Co~r Coum:y and the Independent Fire Districts regaroing the ALS Engine progr;>..m, I am hereby providi.."1g you ninety (90) cL"il}'S !loti,:e of our L:llcnt to t(:!!.1",llltale the eri;ung ;t.gl'~t:m::::nt with your ~gerIC~/_ DtL.";ng tilts time period) r re$p~crj'JJly recpJe$t your suppon in d!.:~'lr~k.\ping ~ su~ce~:sor a~~m~nt so Vie tru;~f pr.-event 211): LntCT.7upticn"of .:~io.~ !~C"r\"lce te"v"ets V"'1,,J1_~n .,,~'OtR:- dtS'l1"lc:t ;:und 2ddress t.b,e best tnterest. ()f ~J~ p3.::"ues ;).wl the DU::.!ic w'e ~;er":'e. . I would appreciate an e- rnail ar memor.maurn regarding }~I.!I concar,en::.t~ and I sLDcerdy ;'.'l'Jprecia.e the e;:cdlem service 2J;-d. pmfc;;siorl<IJi..'iffi y;:m conr.ribute to :,::11 OUt~ p~..d:/r,ic safet'yefforts m (:Oll.i~t' CJOun!)'_ 9 ,A,oenja Item \ie, "1 , March 27. 2007 Page of 10 COLLIER COU~TY BOARD OF COUNTY :;OMMISSIONERS Item Number: 10A Item Summary: ThiS Item tG :;'8 heard at 300 p.rn Reauest the Board ot County Commissioners to reaffirm the stat" a::::flons taken In aSSOciation with the Advanced Life Support ,t:..greements 3/27/20079:00 OC; /Uvl Meeting Date: Approved By Leo E. Ochs, Jr, Deputy County Manager Date Board of County Commissioners County Manager's Office 3121.'20075:05 PM Aaenda Item NO.1 08 ~ March 27, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve the approach to the Willow West Storm water Improvement Project located in the Willoughby Acres Area, County Project No. 510076. OBJECTIVE: To provide the Board of County Commissioners with a summary of the stormwater issues in the Willow West neighborhood and to gain Board approval of a recommended project approach. CONSIDERATIONS: The Willow West neighborhood has experienced poor stormwater drainage conditions for many years. The task of defining all the issues and developing a plan to address these issues was initiated by the Stormwater Department in 2003. Sufficient surveying and engineering work has been completed to date and an adequate project is proposed to attend to the issues. Prior to preparing construction bidding documents for the project it is essential to update the Board on the current proposed project approach and gain approval. The neighborhood experiences numerous locations of standing water following normal rainfall events. The main cause of this is the lack of an adequate storm water conveyance and outfall system along portions of two streets, Mentor and Johnnycake Drives west of Euclid Avenue. Runoff collects in residential driveways, at the roadside edges, in roadside and backyard swales and remains stagnant with only evaporation and percolation as a means to slowly be recycled and return to the hydrologic cycle. This situation, by definition a full retention system, is not a detriment in and of itself. However, full stormwater retention at the roadside edges is harmful to the roadway and to all associated right of way infrastructure. Adequate County stormwater conveyance and treatment areas currently exist downstream of Willow West. The stormwater improvements proposed have been designed to collect and convey runoff away from the road's edge to the County's secondary system where proper treatment and recycling will occur. A complete design solution is identified with the proposed improvements split up into two segments. The first segment (Phase 1), if completed, is estimated to remediate approximately two thirds of the stormwater issues by mitigating the majority of the standing water issues along the County maintained roadsides. Phase 1 includes work within the road right-of-way and side lot drainage easements. The second segment (Phase 2) stands alone and if not implemented will have no detrimental affect on the first segment. Phase 2 includes restoration work within backyard swale drainage easement areas. ,-' The Willow West Subdivision consists of 48 single fanlily residential lots. Staff has held several public meetings with the residents of the neighborhood. Willow West does have an active homeowners association with a Stormwater drainage committee. County staff Agenda Item NO.1 08 March 27, 2007 Page 2 of 15 has met with the Stormwater drainage committee. The committee recently submitted a petition to county staff signed by 31 homeowners demonstrating an understanding and support of the project by a majority of the residents. Residents endorse moving forward with Phase 1 of the improvements which will be continued to be maintained by the County Road Maintenance Department. The Phase 1 design plans are complete and can be bid as a stand alone effort to remedy the majority of Willow West's stormwater issues. With the Board's approval of this recommendation, we will commence with the bidding process for Phase 1 and return for BCC approval of the bid award. The Engineer's opinion of probable cost for Phase 1 construction is $450,000. No grants have been secured to assist with the funding of this project. FISCAL IMPACT: Funds in the amount of $385,384 are available in the Stormwater Capital Fund (Fund 325), Project No. 510076. Source of funds are Ad Valorem taxes. If the project approach is approved, the bidding process can begin and absolute project costs will be determined. GROWTH MANAGEMENT IMPACT: There is no impact to growth management. RECOMMENDATION: That the Board of County Commissioners approves the approach to the Willow West Storm water Improvement Project located in the Willoughby Acres area. Prepared By: Jerry Kurtz, P.E. Principal Project Manager, Stormwater Department Attachments: (1) Willow West Homeov.rner Association Documents, (2) Petition from Willow West property owners Item Number: Item Summary: Meeting Dale: Agenda Item NO.1 DB March 27. 2007 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10B Recommendation to approve the approach to the Willow West Stormwater Improvement PcoJectlocated In the Willoughby Acres Area. County Project No. 510076 (Norman Feder, AdminIstrator, Transportation Services) 3/271200790000 AM Date Prepared By Gerald Kurtz Transportation Services Senior Engineer Stormwater Management 3/1212007 1 :54 :28 PM Senior Engineer Date Approved By Gerald Kurtz Transportation Services Stormwater Management 3/12120072:00 PM Eugene Calvert Date Approved By Transportations Services Principal Project Manager Transportation Engineering and Construction Management 3114120075;21 PM Norm E. FedeL AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 3!1512007 8:45 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 3!1512007l221 PM Date Approved By Lisa Taylor TransportatIon Services ManagemenUBudget Analyst Transportation Administration 31l5!2007 2:47 PM DJte Approved By Pat Lehnhard TransportZlbon S~rv!::es ExecutIve Secretary 1ransportation 5(;>rV1CCS p,dm!n 3/15/20072:51 PM D.1te Approved By OMS Coordinator County Manager's Offic(~ f.\QtTllm5trativf:' Assistant Office of Management & Budget 3/16/2007 7:48 Il_M Susan Usher D.1te Approved By County Manager's Office Scmicr Management/Budget Analyst Office of Man,3~emen1 & Budpet 3i102007 4:03 PM Approved By Mlchael5mykowski County Manager's Office Management &. Budget Director D.1te QHlef! of Management &. Budget 3l21/20ni' 9:12 AM D,ltl' Approved By JJme!? V, Mudd Board of County CommISsioners County Manager Count}' Manage~'5 OffIce 3/21/20078:56 {"M f=; I) ("') '. '\ ) 'I! I 01 10...1 uJe.s.'1 I'iCt"v11" Ow~5: '&:~ I Rt~~~!~ V~ R~~'~~ Agenda Item NO.1 08 / - 4Mwo/' 27. 2007 Page 4 of 15 Id.$~oc:at~...o n E 8.... '\ 'En i ittV cr--- j,LU.. 'i :--lDDr-.-- fS!L~ ~ ;::> I U t1 M \VA'f::R!~-;3 Mr.- .-- f' .~-;e~-T~~-?:kJO'N ~~~ 5;~:Lo-e.~ ~___ ~.s: t..l . U {"' _ ~ ('.1J UN I .s ... ___ Obo-..r-€. ~ \'<\~.~ vtJ k-,-_. .~ I r _.__..________._____._... __~Vl::- ~~~~s.o,J ~eJ__u~_o:.,j~c.~_k _9:_cC-_OJ ____ '-1.-",,('.. _________ v)~ )! e~.) hh:~ ~ r. IJ;)*-Je.cr ~ So ~c,' J...~~ C~L w ,/I c~) It" t { ___cluec .1t' ecv-17 CLN~ ~~ c~ov"l '--VZor~.. ~[' \ r\ 'j ,\...J I rYJC" :"'. ~__ v-r ~..... ~; t....e S\~ s.~ _.__._______....L.!.. I _,I) r.. . \' .:1 '_~.,!~ ,/ ,. " I ,: I . ---.------.-..... , __.____ v _ '- WI \j-(~ 'J-t. _ ~ _ _~.'-iJ v.:::_.f)9 ""1"\ l ~ , .::J ...";,A':: ::... 'L. . .____. -----lO u _ ,~~J I (/~_~______-),c.. 4c.. ~.~ J..J- J ;-, ~ :>:. ..)~:.=~_._ .___ C D_~. ~~;---\-: ~-='l '~ .' / 1_0 LJ \~. r .._~_.._..__~_ t--.:.: ~__.!_ ;, ," "'.':' ~ . s ,.-~ .......::: '.....- ---' - --.:::.r:.L.:-'1 ~:: ,'_r _.,,:>,., "-::-:-G. !"l')~ ~i 1 I --------------/ I 't\ r, ~~_ t '-.."",:; ;1 __ * I -- , r:. 0. ---~.~---- -TJ~-f--~-~ -. , '~._.._._t'Y""!.~._. '. f -.v ;' '~ --l-'/-)~~?'-~=~~> "{.~~~~-~.-i--r -~------- Ii - '11,40J(5 _' M "f2J/ ~;:.' I r- ~ f" -~ ~, ~ ~~.~-r Tj~-~~~~-~-.>. -. Agenda Item No, 108 March 27, 2007 Page 5 of 15 Collier County Citizen })etition No. 06- _' County Manager's determination of sufficiency on To the extent that S I 04.185, Florida Statues, applies to this petition, 'It is unlawful for any person \0 knowingly sign a petition or petition for a particular issue more than one time. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor of the: first degree. punishable as provided in 9775,082, or S775.084.' (* ] 04. J 85, F.S.) Petition To the Board of County Commissioners of Collier County, Florida: The undersigned petitioners hereby request the Board of County Commissioners to approve the Willow West Storm Water Project. Such project consists of the Willow West subdivision of pan of the SW 114 of Section 24, Township 48 South, Range 25 East, Collier County, Florida recorded in Plat Book i 5, Page 79. Phase 1 - Defined - That portion of the drainage swales and pipes in Willow West Subdivision's road right of way on Mentor Drive and Johnny Cake Drive and those drainage pipes and storm water structures interconnecting Johnny Cake and Mentor Drive and the rear lot drainage easements. Collier County Storm Water Management Departmcnt to pcrform Phase] with approved funding hudgeted per specifications of project drawings, Phase 2 - Defii1ed - The portion of Willow West Subdivision's rear lot drainage easements on the nOl1h side of Mentor Drive, sCluth side of Johnny Cake Drive and between iv1emor Drive and Johnny Cake Drive. Homeov,TIcrs to maintain this portion themselves. If owners decide to install infiltrator systems at their 0\,\11 expense, Collier County would supply a typical design lli'1der a blankcl permit. Willow West Homeowners Association, lne.will provide for the means to mai'1ta1n the north.south trunk lines. The Homeowner Association will monitor the maintenance of phase 2. Sig.nature Name Address Precinct # Date Date of Birth Tax Or VOlcr RcgL'ilJutlon P f-.oIE.! # I?~ ~ ""'" Agenda Item 1\10. 108 March 27. 2007 Page 6 of 15 Collier County Citizen Petition No. 06- _ Counry Manager's determination of sufficienc)' on To the extent that Sl04,] 85, Florida Statues, applies to this petition, 'It is unlawful for any person to knowingly sign a petition or petition for a particular issue more than one time. Any person violating the provisions of this section shall, upon conviction. be guilty of a misdemeanor of the tirst degree. punishable as provided in ~775.082, or ~775,084,' (~J 04. j 85. F.S.) Petition To the Board of County Commissioners of Collier County. Florida: The undersigned petitioners hereby request the Board of County Commissioners to approve the Willow West Storm Water Project. Such project consists of the Willow West subdivision of part of the SW ]14 of Section 24, Tov,rnship 48 South, Range :25 East. Collier County. Florida recorded in Plat Book 15, Page 79. Phase I - Defined - That ponion of the drainage swales and pipes in Willow West Subdivision's road right of way on Mentor Drive and Johnny Cake Drive and those dr.1inage pipes and storm water structures interconnecting Johnny Cake and Mentor Drive and the rear lot drdinage easements, Collier County Storm Water Mlli"1agemen! Department to perform Phase ] with approved funding budgetd per spec:ificmions of project drav,1ngs. Ph~se 2 - Defined .- The portion of \Villow We~t Subdivision's rear jot drainage easemems on the nO:'1h side of" \;kn~or Drive. souL" side of johnny Cai-;e Drive' :md r,etween Mentor Drive arid Johnny (~.ak~~ L)rj~\."e. Homeowners w maintain this p0nion L1.ernsclves. If 0\.\11er5 decide 10 install infiltrator systems aI thejr (mTl c::pense, Collier COWL:) would supply u typical design under a blanket permit. V/iJjO\V ,\\'e51 Homellwners AssociatioIl. Inc. will provide for the me:ms to maintain the no:tb-sOUUl trunk lines. The Homeovtncr ..\ssociation will monitor the maimenam:e l'i' pbse 2. ;) '1 gnarure ;-\anl:..: ~~dd:-~ss ') . '~~ , ri',~ lIl": t; .. ..........- v. ,_ D:~te Daw of Birth , :-1"',: ~str:;.cc city, ~UiI:;:. >:q11 \-L Agenda Item No. 108 March 27,2007 Page 7 of 15 Cullil:r Cuullt~. Citizen l'elitiuD No, mt-_ CUUII~ Malla~cr'~ determination of suffit~iclll'~ nn 'r to me extcnllhal S; I [14.; g:,. Florida StalUes, applies 10 lhis petition. 'I: I~ unlawful for an~ perSOIl lP kn(IWI1l!.dy sign ,I fll~lltJ(m or p~liti(ln for a particular issue more than OIlC lime. .tun pt:rsoll violating to:: pn\\'isiom. or till:. st:nion shall. upon convi:::tion. he guilt~ or a nw;demeanor oj Ow firsl de !!!':::e. pUlllshabk m rw\' 1(/(;0 II, ~;77:: .OK2. or ~77~ .Of>4.' (~ I (I,U RS. F.S" I'eiiiinn I ( th:: Board of COllnl) Commi~;sioncrs of Collier County. F\oriuu: ':'hl: undersigned p:.:lillO!l:.;rs her:.;!"') request tht' Board of COUllt) Commissioners to approve the Willc)\.\ \lvesl Storm "'mer Project. Su:.;b proiecl cOllsiSb of Ihe "":illoV\ West suhdivisilln or part or lht' S\\' I'':' of SCCliUlI =.1. Tpwnsoir 4}; South. Range 2:' Fasl. Coliier CourW.' r:loridu re:..:orJ:.:<l n: Pia! BDot : s. Pa~c 7l.. Pnase J .- Dciined Thill portiun of the drainag.e swales and pipes III v.,:illow W:':$t SubdiVIsion's road ;"li:!111 of wa:- on !v1::ntor Drive and Johnny Cake Drive and those drainage pipe~ <md Slllml wale strU:':lur:.:~ l!l\c.collllectmg .lo]ll1ny Cake and Mentor Drive and tbe rear io: drainuf.!t' 'Ci;!SCmenL';. ('nlhel County Storm "'Ul~~r !\1anagcmem Dcpanrn'cm to perform Pnuse ] with llppmvtX1 funam[.: nud~cl~:d r:.:' SP::::I fieatiorr; or pT(~ieCl druwings. ,;)h~s:: ~ .)~ll!:~d '~~bt' portion ()f \A,'iIL1\\ \\';;:s~ Subdi\'isi(l:'1'~: r::ar 1:): dra:n~g~ ~25~nl~rn~, or, lh~' nu:-:~~ :'.).:.1:: (\~ h1:.:-nlur ~):-j\,(.~. S()~l~~~ siue o1.ldhrln~ L aJ..~' I);--]\,(' :jn~~ hl~:v."~:~n JV1~ntor ~):.'\'c and .)':111:1rJ\ Cub: Il.;\:; Horn:':(l\\'n~:;;, t(. rnai:~~,jir thl~:. rioruon th~n;s:.:l\.'e~~. if (i\vn~:-.s d~cid~.: t+,1 nL~l~ll j~-~l:~t:-ahlr ~~:,'St'..:::T}~ ~H t;I:,,'i~' ("'.'I'r, '':~~p~L~)C- <.,,)r:II~r \~'''C)Ul'H: \..vnuid ~~urrly ~ l:'rn::.a1 dcs~gr~ llnj':.'~ ~J ~li~l!lkC~ ;1::;r;'11~. V;'iJ;.:)\,v \\'::s: !'-1':);-;-t~tn.Yl}~rs :\.sst,ciation. ill::':. v..ill pn~Ylj~ fe): :he H)::ans Ll' D1alnU,Up. th~ndn~J<;ouLh t:-Uill. i:;):.::,. I'll::.' 1 iO:T~L:\\V;,'rH.;; }\:;sn.:;iatioll \.viJl nlonltur Iht' niainl:.;nall::'::..' or :)hU~<";l':: ;:a I~, J '-r_' t_\ ; ;r: ~ .~. /\ ddrcss , . .:z '\ t "r"~('I'I('1 -:: l ".'.1.... , ,v,,", . i.,.'. ../i........ . ",,', l )~F(' d; ~)l:-~L J :;\ ! :..lr:.:.:';:':':I!\,!;:.;Jlr.:..'^1l1' ,." \::'.~' , (~ I) .I~ , " 1 ,! lJo.I;'it~,;v:h~,;-. (ire ~ S I 'I f'{ -TuI1lf"Y C./..c Dr I L II 010(, I .I / _ - -; 'il ~ '-( ,"; <' .... C 1 \ 7' I 7 c ';;,- Pag~ l of 2 (I),//U W {Ur: J! IhnrC? C)/..;J fIe,. r I/. fJG L SJf fJ)v . Agenda Item t\Jo. 10S March 27, 2007 Page 8 of 15 Collier County Citizen Petition No.06-_. Signature Address (street. cil)', state, Zip) Precinct #::< Date Date of Birth Tax or YOlcr Registration /I Folio /I Name -\~cc~ ~- I \ ,--c,- -';; .~I ......'"I<"l.---, CL ()r. ~".2. rYl-e-J1J.;. I [)r-, Page 2 of 2 Agenda Item No, 108 March 27, 2007 Page 9 of 15 Collier County Citizen Petition No.06-_. Name Address Precinct # Date Date of Birth Tax or V (lter Rq;iSltali"" Ii I'u,i" . 2... I'; c 7 y;i,(, ,\;2';-0 I ':>'5'C; Page 2 uf 2 " .... ~ ~j!f!t ~--- ~ -/o;;7-ek~ n :::::. r , Agenda Item NO.1 08 ~27. 2007 ~100f15 __Rf:_ _---W. 'j lo~~r;I~+-' fJ;;:;_~~~ ~~;~~,I=t~~--. m S:1:,r~wo.J.--r r0~~c~~ __e~~. __ _____ 0_ _ ..~ __ow __....___ We.- _'i.___.l J C ~-s. - ...... r"",1~ ""'$ ~ 11;;J-o ~ --~--r' ~ ~ J- N~d ------------(..-------....... ) "- C!l ~ 4 ~ c. p .- D , e.~ ..::r:- -C.. .:?' 0 u l--~-'" -y;-' '..j 'p.; C4.ll---M7 ~e._L!__~_~___tl.,J_.__~\ N c::::...______ _.._ "-r-1 .. J> / ~.s: } ~~*.D, \,~t~~~ ---------..-.--..---- ~~- ..---- ----- -23~...c'~.c t_Ci:-~~;.b: ---.__._____ _ ~;'~(3=-?l~?-~---_._. . ----------.-----....-- ----- ....v- . ----.--..---__....__. ,.....-- ~ n I-~~ ~'-1~' ?7Ll-, ... _._._~__._______ i_:...L______._____.______.___ _____._. ,;;"ll}l'", A~No.108 1/ ~7, 2007 ~e11 of15 Comcr Count}' Citizen }'ctitlon No. ()(t-_. County Manager's dctermination of sufficicm')' Oil To the extent that S 104.1 gS. Florida Statues, applies to this petition, 'It is unlawful for any person to knowingly sign a petition or petition for a particular issue more than one time. ,.lIJ1y person violating the provisions of this section shall, upon conviction. be guilty of a misdemeanor of the first dC!:,'Tee. punishable as provided in s;775.082, or $:775,084.' Ui J(l4,] 85, F.S.) ]}etition To the Board or County Commi.ssioners of Coil ier County, Florida: The undersigned petitioners hereby request the Board of County Commissioners to approve the Willow West Storm Waler Prc~ject Such project consists of the Willow West suhdivision of part of the SW 1/4 of Section 24. Township 48 South, Range 25 East. Collier County. Florida recorded in J'lat Book 15. Page 79. Phase 1 - Defined - That portion of the drainage swales and pipes in Willow West S ubdi vision's road right of way on Mentor Drive and Johnny Cake Drive and those drainage pipes and storm water stru::tures interconnecting Johnny Cake and Mentor Drive and the rear lot drainage easements. Collier COllin)' Stom Wat~r Management Dcparoncnt to perform Phase 1 with approved funding budgeted per specifications of pr~ject drawings. I'h2SC ] - Defined - Tr,e p8rtlOn ofV'/iDow West Subdivision' s rear lot drainage easements on the north side of M::nlOf Drive, south side of Johnny Cake Drive and be~ween MC:1lOr Drive and .10hIltl)' Cake Drive. Homeov,'Dcrs to maintain this portion themselves, If owners decide to instal] infiltrator ~~ysterns 2l'. thel: (l\1l'n eX;Jenst'. CoEi'.:r County wOClld supply a :ypical design LL,dcr a bianket permit \Villc)\,\ \Vcs~ IJomeO\Nllcrs A.ssociatioD, lnc. will provide felT the means to maintain the north-soutb t:-unk lines, The 1 ]one,lwn::r /,ssocialion will monilOr the mainte:1::mcc of' phase 2, S i ~~TLl1.u;t' >~ arn e A.Jdr::ss Precinct if D,~lC ) ax Dale of Binh o C, v'" L, \ "'-rJ.-,: ~ I >' r y (:are.t:t, ~ll), SUite" Z.lp,~ )-..0 J So fY~-- L .,. 0' \"OlC~ l(.::g:;,:tHl.IllJli ~ F'~lbc "!.; Dr Page 1 of 2 .$, Electronic Articles of Incorporation For Agenda Item NO.1 08 March 27.2007 N060000124S:fage 12 of 15 FILED December 07, 2006 Sec. Of State Ipoole WlLL.OW WEST ! IOivlEO\V~iERS '\SSOCIATJ01'\ E<C The undersigned incorporator, for the purpose of fom1ing a Florielu not-jC)f- profit c.orporation; hcrch~' adopts the following Anicles orJncorpormion: AI-tide J The name ofthe corporation is: \~'l! .LOW WEST HOi\.fEO\Y>JERS ASSOCI:\TIOl\ E\JC Article II The principal place of' business address 10 !vfEJ,T'j'(JE DRJ\'F, l'':APLES. FL. 34! 10 The mailing address olthe cOip()ralio!1 lS: :1(' \lENTOI'\. DEl\T _ .'\l'LES. FL. 34]](1 Article III 1 ne :<pec:Lic PLGTKJSe 1~)J \Vhj~',Jl l1~li:-; ~,\lrp(~7'Ul1on is c'rgL:ni/t~J:::-,. ~ j(}\.It:C )\\'I<:?r~s ..:..SS()C~l/~l~}()}<. ;'\rticle IV -['he nl~,l:'ln:::'_7' IIJ \\'h!(',l1 (.hrc;"~l~!I-;) urc clt.:~',l:,..cl ~~T dPt)UlUL:d i~;' l\'~/\..i()l,.~j'J')' \;'(_)'I'E ()}" -l-}-~L ~-l()\r~:,~()\~,'~'<i'~l'-~S .\nicle V .1-~ ~-~ :T! C ITLJ[: :~LrC'~~,t c:.J~~:"..::~' lh~' i-~~~1.<h..TcJ U::.2;"'~:11 lS S:-l"\!~.:(I"" 1< c;()~ -y\- \ _~(I \-l_~~-:,!'':.l'()l.~ ~_)j,: \-T~ _ <V~LS. ~:L J":Cgistcfcd Agcnt Signature: SHARON K, GONW'A Agenda Item No, 108 March 27,2007 N060000124S:fage 13 of 15 FILED December 07, 2006 Sec. Of State Ipoole ] ccrtif\ that I am familiar with and accept the responsibilities of' regIstered agent. Article VI "Ole name and address of the incorporator is: S!-IA[..:ON K. GONWA 30 J\.fENTOR DRIVE NAPLI';S, FL 34] 1 (J Incorporator Signature: SflARO~~ Ie 00\'\\'/\ Article VII The effective date for this cOll)Oration shall be: 12/()6/2006 WILLOW WEST WILLOUGHBY ACRES DRAINAGE PROJECT LOCATION MAP . I !I ~ ~ _ nnn _ -~ccc~~-~~~r~-----~~-ji--------_O< '"-nn --- ____ I ' : ~ I .", ! , I ~ I ~ I I I I I I LU I --------------___1_ - ----- - - ------- - --- -l--- - ---I.U-- - - - -;s- --- : I ~ ~ I ~ Q I Q ~ I _ ~ : <3 ..J I ~ LU , LU' ~ , ~ I ..J \\ u IMMOKALEE ~OAD ~ !i Ii 8\ ~ !I 1\ 0: 0 I ~II ~: :0 " 1 ITI: =ti :\ 1'\ """'II II c:: II \111 ilt i \ l== '1\ --------------\II-~+_---------Il- _~ ______ ______ __. -- \ - - --__ - - ___ __ \""~ II :0 1\ IltJ I 0 . 1\ " ~ II Iii, I tJ i I \1 I i\1 ! \ Ii i I II I III . 11 \ I,ll" il, VANDERBILT I\BEACH RD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT No. 510072 PROJECT LOCATION r- - S <: c). C/) d <: :0 tJ <: MENTOR DR JOHNNEYCAKE DR PIPER BL VD 485 PROPOSED BY COLLIER COUNTY BOARD OF COU1\TY COMMISSIONERS TRANSPORTATION SERVICES DIVJSION STORMWATER MANAGEMENT DEPARTMENT : IORS[SHOE snl~ ARE, SUITE Nu :: i~. :26F;S SOUTH HORSFSHCJE DRiVE NAPLES, FLORIDA 3-11 04 (~3l/) 732.~50] ! PROJECT MANAGER: GERALD N. KURTZ DATE: AUGUST.2004 Agenda Item NO.1 08 March 27. 2007 -t' n__ t-... ....... CJ1 I I I I I I I I I I I \ ! I I 1 I I I I I. I ----r--- I . o I ~II ~ 05 Miles WILLOW WEST STORMW A TER IMPROVEMENT PRom@~ltem No. 108 PROJECT No. 510076 M~~~he ~75 ;~~~ PROJECT MAP LEGEND Willow West Subdivision ~ - Phase 1 Phase 2 (Private) Agenda Item No. 10C March 27, 2007 Page 1 of 20 .~'~ EXECUTIVE SUMMARY To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55 OBJECTIYE: To determine if existing advisory boards and committees continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustments are necessary. CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. Each advisory board scheduled for review in 2007 previously provided the County Manager with a written report that answers specific questions prescribed in the ordinance. Additionally the ordinance calls for each advisory board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. .-- In 2007. eleven (11) advisory boards are scheduled for review, of which the first six (6) will be presented at the March 13, 2007 Board meeting, with the remaining five (5) to be presented at the March 27, 2007 Board meeting. The five (5) advisory committees scheduled for review on March 27th are listed below in the order of presentation: . Immokalee Enterprise Zone Development Agency . Immokalee Local Redevelopment Advisory Board . Library Advisory Board . Pelican Bay Services Division Board . Tourist Development Council FISCAL IMPACT: In most cases the boards scheduled for review require only the staff time needed to attend, prepare back up information, minutes and any additional information required by committee members. At a minimum, an advisory board will normally cost $2,000 annually. GROWTH MANAGEMENT IMP ACT: There is no direct Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners review the written reports and oral presentations of the boards and committees scheduled for review in 2007, and if applicable, direct any revisions necessary to have the committees function as efficiently and effectively as possible. ATTACHMENTS: Five (5) Advisory Board/Committee 4-year review written reports PREPARE>> BY: Mike Sheffield, Assistant to the County Manager - iI Agenda Item No. 10C March 27, 2007 Page 2 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10C Meeting Date: This Item to be heard at 11 :00 a,m To review the written and orai reports of the AdvIsory Boards and Committees sCheduled tor review In 2007 In accordance wIth Ordinance No 2001.55. '.Mike Sheffield. Assistant to the County Manager) 3127/2007 9 0000 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3120/20076;18 PM Agenda Item No. 10C March 27. 2007 Page 3 of 20 ADVISORY COMMITTEEIBOARD FOUR. YEAR REVIEW BY mE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 A. ADVISORY COMMITTEE: Immokalee Enterprise Zone Development A en lB. I C. I D. IE. IF. I G: I H. CHAIRMAN: I Fred N. Thomas, Jr. STAFF LIAISON: ] Thomas Greenwood STAFF AGENCY: I Comprehensive Planning Department AUTHORITY: I BCC Ordinance No. 95-22 I. SUMMARY: I BCC Ordinance No. 95-22, adopted on March 27, 1995, provided for the establishment of the Immokalee Enterprise Zone Development Agency (EZDA), appointments and composition of members, terms of office, removal from office, providing for officers, quorum, rules of procedure, functions, powers and duties, and adoption of the Immokalee Enterprise Zone Strategic Plan. The members of the EZDA also serve as members of the Immokalee Redevelopment Advisory Board. The EZDA operates under the direct supervision of the Board of County Commissioners. 1. Purpose of Board. a. Assist in the development and implementation of the Strategic Plan. b. To oversee and monitor the implementation of the goals of the Strategic Plan. The EZDA shall make quarterly reports to the Board of County Commissioners (BCC) evaluating the progress in implementing the Strategic Plan. c. To identify and recommend to the BCC ways to remove regulatory barriers. d. To identify the financial needs of, and the local resources or assistance available to, eligible businesses in the zone. e. To promote through marketing and the advertising the development of the Enterprise Zone. The Agency may not transact business or exercise powers under Section 290.056(9), Florida Statutes." 1 Agenda Item No. 10C March 27, 2007 Page 4 of 20 2. AppoiDtments and Membenbip. Appointments to the EZDA are made by the BCC for staggered 4-year terms in accordance with Ordinance No. 95-22 which created the EZDA. Ordinance 95-22 governs the appointments of members to the EZDA which shall have not fewer than 8 members or more than 13 members with the following minimum representations on the EZDA: . the Immokalee Chamber of Commerce . a financial or insurance entity · a business operating in the nominated Enterprise Zone · a nonprofit community-based organization operating within the nominated Enterprise Zone . a local private industry council · a local code enforcement agency, and · a local law enforcement agency 3. Current Memben Current members are: Fred N. Thomas, Jr., Chair; Bob Soter, Vice-Chair; Bernardo Barnhart, Denise Blanton. Floyd Crews, Eva Deyo, Richard Heers, Ira Malamut, Captain Tom Davis, Christina Perez, Ana Salazar, Richard Rice, Julio Estremera, and Robert Halman, Ex-Officio member. The Comprehensive Planning Department staffassigned is the liaison between this Advisory Board and the CRA and is the keeper of records. 4. Regular MeetiDgs. Regular meetings are held the third Wednesday of each month at 8:30am in the Career and Service Center, 750 South 5th Street, in Immokalee. All meetings are in accordance with the Open Meetings laws of Florida and run in accordance with Roberts Rules of Order. 1. Whether the CommitteelBoard is senring the purpose for which it was created. The EZDAlImmokalee Redevelopment Advisory Board is currently coordinating an intensive community participation process designed to provide an up-to-date community vision with goals, policies, objectives, etc. to be incorporated into the Immokalee Area Master Plan update. This process will be followed by an update to the Local Development Code, as it relates to Immokalee, as well as an update to the Redevelopment Plan for the Immokalee Redevelopment Area. The Redevelopment Plan Update will logically result in the update to the EZDA Strategic Plan and the development of an Annual Work Program to implement the Strategic Plan. The completion of this process in 2007 and 2008 will greatly assist the EZDA and the BCC in better leveraging limited human and fiscal assets in carrying out the development and redevelopment objectives of Immokalee. See #3 list of ma' or accom lishments for the recedin 12-month . od) 2 Agenda Item NO.1 OC March 27, 2007 Page 5 of 20 2. Whether tbe Board is ad uate servin current communi needs. The EZDA feels that the goals, policies and objectives of the Immokalee Area Master Plan, Redevelopment Plan, EZDA Strategic Plan and the annual Work Plan will be very difficult to implement without adequate staff to carry out the day to day activities and directives of the EZDA to make lans become reali . 3. List tbe Board's major accomplishments for the preceding 12-month period. The EZDA's recent and current major activities to improve the Immokalee Economy include: 1. Updating the Immokalee Area Master Plan through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. This process began in October, 2005, and completion of this element is expected in 2007 and will lead to the update of the EZDA Strategic Plan. 2. Updating of the Local Development Code through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. Completion of this element is expected in 2008. 3. Completed the Efforts to Redesignate Immokalee Rural Enterprise Zone #1101 to December 31. 2015 4. Reviewed. with the EDC of Collier County and other State Agencies. all Incentives. ProgramS and Grants available to Immokalee to Carry out the EZDA Strategic Plan 5. Completion of New Immokalee Fact Sheets Regarding Enterprise Zone Incentives and Other Incentives Available and Placement of Same on the Comprehensive Planning Department Web Site and placement with the EDC Collier County and the Immokalee Area Chamber of Commerce. 6. Completed Inventory of Available Commercial and Industrial Buildings in Immokalee 7. Action reouesting the establishment of a EZDAlCRA Advisory Board Office in Immokalee 4. Whether there is any other Board or agency, either public or private, which is sen'ing or would better sen'e the purpose for which the Board was created. No, there are no other existing Boards or agencies which would better serve the purpose for which this Agency was created. Additionally, the Immokalee Redevelopment Advisory Board and the EZDA, although each group has the same members, have different but complementary purposes. The monthly meetings of each group occur on the same dates, but have arate a endas related to their res ctive ses. 3 Agenda Item No. 10C March 27, 2007 Page 6 of 20 s. Whether the onliDance creatiDg the Board sbould be amended to allow tbe Board to more adequately sene tbe purpose for wbich it was created. I There is no need to amend the ordinance which created the EZDA. 7. Tbe cost, botb direct and indirect, of maintainiDe: tbe Board. The estimated cost to maintain the Agency on an annual basis is approximately $85,000 (FY 2005-2006). As stated in #2 above, it is believed that the many and demanding needs of the EZDA development and redevelopment programs cannot be adequately addressed with actions and implementation without having a full-time staff stationed in Immokalee. J: ADDmONAL BOARD/COMMITfEE COMMENTS: The EZDA wishes to thank the Board of County Commissioners for its continued understanding of the special development and redevelopment needs of the Immokalee Communi and su It in addressin those needs well into the 21 st cen K: STAFF COMMENTS: Staff concurs with the assessment provided within the report. Staff observations at the monthly meetings indicates that the EZDA has regained a focus on the mission and goals of the Board, as detailed on page three of this report and through direct efforts to disseminate information regarding incentives available to the community as a whole. 4 Aoenda Item NO.1 OC ~ rv'larch 27. 2007 Page 7 of 20 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 I A. lB. I C. I D. IE. IF. I G: I H. ADVISORY COMMITTEE: I Immokalee Redevelopment Advisory Board CHAIRMAN: I Fred N. Thomas, Jr. STAFF LIAISON: I Thomas Greenwood STAFF AGENCY: I Comprehensive Planning Department AUTHORITY: I CRA Resolution No. 2001-98 I. SUMMARY: I Community Redevelopment Authority Resolution No. 2001-98, adopted on March 27, 2001, provided for the creation. membership, terms, purpose duties, organization and rules of procedure for this advisory board. Resolution No. 2001-98 also provides that the members of the Immokalee Enterprise Zone Development Agency, as created pursuant to Collier County Ordinance No. 95-22, shall also become the Immokalee Redevelopment Advisory Board. The Immokalee Redevelopment Advisory Board operates under the direct supervision of the CRA Board. 1. Purpose of Board. a. review the Immokalee Redevelopment Plan and, when necessary, recommend to the CRA any changes to the plan; b. make recommendations to the CRA on plan implementation, including developing an annual work program, setting project priorities, and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the redevelopment act in Immokalee; c. receive input from members of the public interested in redevelopment of the component redevelopment area and to report such information to the CRA; and d. review and comment on any redevelopment projects proposed in the Immokalee Redevelopment Area 1 Agenda Item NO.1 OC March 27, 2007 Page 8 of 20 2. Appointments and Membenhip. Appointments to the Immokalee Redevelopment Advisory Board are made by the CRA for staggered 4-year terms in accordance with Ordinance No. 95-22 which created the Enterprise Zone Development Agency (EZDA). Ordinance 95-22 governs the appointments of members to the Immokalee Redevelopment Advisory Board and also provides that EZDA members and Immokalee Redevelopment Advisory Board members are one and the same There are 13 members on the Board with members representing the following as a minimum: . the Immokalee Chamber of Commerce . a financial or insurance entity . a business operating in the nominated Enterprise Zone . a nonprofit community-based organization operating within the nominated Enterprise Zone . a local private industry council . a local code enforcement agency, and . a local law enforcement agency 3. Current Memben Current members are: Fred N. Thomas, Jr. , Chair; Bob Soter, Vice-Chair; Bernardo Barnhart, Denise Blanton, Floyd Crews, Eva Deyo, Richard Heers, Ira Malamut, Captain Tom Davis, Christina Perez, Ana Salazar, Richard Rice, Julio Estremera, and Robert Halman, Ex-Officio member. The Comprehensive Planning Department staff assigned is the liaison between this Advisory Board and the CRA and is the keeper of records. 4. Regular MeetiDgs. Regular meetings are held the third Wednesday of each month at 8:30am in the Career and Service Center, 750 South 5th Street, in Immokalee. All meetings are in accordance with the Open Meetings laws of Florida and run in accordance with Roberts Rules of Order. 1. Whetber the CommitteeIBoard is senriDg the purpose for wbicb it was created. The Immokalee Redevelopment Advisory Board is currently coordinating an intensive community participation process designed to provide an up-to-date community vision with goals, policies, objectives, etc. to be incorporated into the Immokalee Area Master Plan update. This process will be followed by an update to the Local Development Code, as it relates to Immokalee, as well as an update to the Redevelopment Plan for the Immokalee Redevelopment Area. The completion of this process in 2007 and 2008 will greatly assist this Advisory Board and the CRA in better leveraging limited human and fiscal assets in carrying out the development and redevelopment objectives oflmmokalee. (See #3 list ofma'or accom lishments for the recedin 12-month riod) 2 Agenda Item NO.1 OC r'v1arch 27, 2007 Page 9 of 20 2. Whetber tbe Board is ad uate servin current communi needs. The Advisory Board feels that the goals, policies and objectives of the Immokalee Area Master Plan and Redevelopment Plan will be very difficult to implement without adequate staff to carry out the day to day activities and directives of the Advisory Board to make lans become rea1i . 3. List tbe Board's major accomplishments for tbe preceding 12-month period. The Immokalee Redevelopment Advisory Board's current major activities to improve the Immokalee Redevelopment Area include: 1. Updating the Immokalee Area Master Plan through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. This process began in October, 2005, and completion of this element is expected in 2007. 2. Updating of the Local Development Code through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. Completion of this element is expected in 2008. 3. Reviewing and commenting upon redevelopment projects proposed in the Immokalee Redevelopment Area. 4. Initiated Efforts to Refurbish the State Farmers' Market by working with the State Department of Agriculture and Consumer Services with completion of work expected in 2007 or 2008. 5. Completion of the 3-Year Impact Fee Deferral Program on November 18, 2006, with funding through the Immokalee Redevelopment Fund which assisted more than 130 homeowners. 6. Recommendation to Fund the Construction of lOth Street using a variety of funding sources, including some Redevelopment Area funds. 7. Support the FSU Medical Center Project on which the Board was advised in September, 2006, could become reality in 2007. 4. Whether there is any other Board or agency, either public or private, which is sening or would better sene the purpose for which the Board was created. No, there are no other existing Boards or agencies which would better serve the purpose for which this board was created. Additionally, the Immokalee Redevelopment Advisory Board and the Enterprise Zone Development Agency, although each group has the same members, have different but complementary purposes. The monthly meetings of each group occur on the same dates, but have separate agendas related to their respective ses. 3 Agenda Item No. 10C March 27,2007 Page 10 of 20 5. Whether tbe ordinance creatiDg tbe Board sbould be amended to aBow tbe Board to more adequately sene tbe purpose for whicb it was created. There is no need to amend the ordinance which created the Immokalee Redevelopment Adviso Board. 6. Whetber tbe Board's membenbi r uirements sbould be modified. There is no need to modi the Board's membershi uirements. 7. The cost, both direct and indirect, of maintainine: tbe Board. The estimated cost to maintain the Board on an annual basis is approximately $85,000 (FY 2005-2006). As stated in #2 above, it is believed that the many and demanding needs of the Immokalee development and redevelopment programs cannot be adequately addressed with actions and implementation without having a full-time staff stationed in Immokalee. J: ADDmONAL BOARD/COMMI1TEE COMMENTS: The Board wishes to thank the Board of County Commissioners/Community Redevelopment Authority Commissioners for its continued understanding of the special development and redevelopment needs of the Immokalee Community and support in addressin those needs well into the 21 st cen K: STAFF COMMENTS: Staff concurs with the assessment provided for within the Immokalee Redevelopment Advisory Board report. The Immokalee Redevelopment Advisory Board has taken a deliberate approach to update the goals and policies of the redevelopment plan with the ongoing update of the lmmokalee Area Master Plan. The integration of these plans to work in concert should result in benefits to the Immokalee area as a whole. 4 Agenda Item NO.1 OC March 27, 2007 Page 11 of 20 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 I I I I I I I I I I A. lB. I C. I D. IE. IF. I G: I H. ADVISORY COMMITTEE: Library Advisory Board CHAIRMAN: I Doris Lewis STAFF LIAISON: I Marilyn Matthes, Library Director STAFF AGENCY: I Library AUTHORITY: I Ordinance No. 93-86 I. SUMMARY: The Library Advisory Board was originally established in 1957. Ordinance 93-86 amends previous direction given to the Board by the Board Of County Commissioners. It directs the LAB to act on behalf of the BCC to establish Library policies including materials acquisition, circulation, collection development and eligibility of individuals for library services. All proposed policies are reviewed and approved by the County Attorney's Office for legal sufficiency. The LAB advises the BCC on proposed fees, budgets, capital planning, staffing levels and other library related programs. The LAB studies, evaluates and makes recommendations to the BCC of programs that will benefit the Library system. The Board meets at 2 p.m., on the 4111 Wednesday of each month. The Library Advisory Board is comprised of 5 members appointed by the Board of County Commissioners. These appointments reflect the 5 voting districts found in Collier County. The present members are: District 1 - Loretta Murray District 2 - Andrew H. Reiss, Secretary District 3 - Constance L. Bettinger-Hennink District 4 - Doris J. Lewis, Chair District 5 - Karen J. Louwsma Page I of 4 Agenda Item NO.1 OC March 27, 2007 Page 12 of 20 I. Whetber tbe CommitteeJBoard is senmg tbe purpose for whicb it was created. Yes. The Library Advisory Board. functions smoothly and completely fulfills its purpose as defined by the Board of County Commissioners. 2. Whetber tbe Board is ad uate servin current communi needs. The Library Advisory Board meets monthly in meetings that are advertised and open to the public. Additionally, mailing addresses of Board Members are published and thus made available to the public. Concerned citizens have both attended Board Meetings and have made written requests and suggestions to the Board. Correspondence is discussed in open meetings and a timely response is provided. LAB members also visit the branch libraries within their districts, thus insuring a constant contact with the needs of the public. These actions, the members of the LAB constantly monitor and provide for the current community needs. 3. List tbe Board's major accomptishments for the preceding 12-montb riod. Library Board Members have actively participated in planning for the construction of the Golden Gate and South Regional Libraries. Members of the two districts involved in construction projects have assisted in the design phase of both projects. LAB members revised the library's fines and fees structure and obtained BCC approval of Resolution 2006-101. The LAB also approved several policy changes necessitated by the Library's purchase ofan automated circulation system. The Board recommended to the Board of County Commissioners that the East Naples Library be kept open for at least one year after the South Regional Library opens. This will provide time to evaluate usage of the East Naples Branch after the nearby larger library opens and whether both libraries are needed to serve the population in that area of the County. The Board approved the Library's Long Range Plan, which is used to apply for State Aid to Libraries. Board Members select the Library Employee of the Month. Board Members continue to actively lobby at the State level for increased State funds available to CCPL through the 'State Aid to Public Libraries' and 'Public Library Construction' programs. As a result the Library received its second Construction Grant award in two years. Members also successfully lobbied against a bill that would put a difficult burden on ublic libraries and would eliminate local communi discretion in Page 2 of 4 Agenda Item No.1 OC March 27, 2007 Page 13 of 20 providing Internet Services to our own users. Board Members also receive reports on and advise the Library's Literacy Program as part of its monthly meeting. 4. Whether there is any other Board or agency, either public or private, which is sening or would better sene tbe purpose for which the Board was created. The Library Advisory board is a group of citizens appointed by the BCC. It fulfills a special and unique function in Collier County. No other group of similar responsibilities exists. 5. Whether the ordinance creatiDg the Board should be amended to allow the Board to more adequately sene the purpose for which it was created. No amendment of the current ordinance is needed at this time. 6. Whether the Board's membenhi uirements should be modified. No. The membership requirements reflect the composition of the Board of County Commissioners and are entirely appropriate for this advisory board. 7. The cost, both direct and indirect, of maintainin~ the Board. There is little direct cost in maintaining the Board. Staff time and clerical supplies are minimal indirect costs of supporting this Board and are easily absorbed in the normal course of duties of library staff. J: ADDmONAL BOARD/COMMITTEE COMMENTS: It is a pleasure for Board Members to participate in such a vital and welcome County service. We serve because we appreciate books and reading, and want to contribute to making a great service even better. Page 3 of 4 ,j Agenda Item NO.1 OC March 27, 2007 Page 14 of 20 K: STAFF COMMENTS: Library Staff appreciates the interest and enthusiasm all Library Advisory Board Members show in representing the community's library needs. They provide a healthy perspective from the user's point of view that is sometimes missing from an administrative perspective. The Board Members have also established good working relationships with the Staff Members of the Library Branches within their own districts. This interest is much appreciated by all library staff members and contributes to the continuous improvement of library services. Page 4 of 4 Agenda Item NO.1 OC March 27. 2007 Page 15 of 20 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 A. ADVISORY COMMIITEE: Pelican Bay Services Division Board B. CHAIRMAN: M. James Burke C. STAFF LIAISON: Barbara Smith D. STAFF AGENCY: Pelican Bay Services Division E. AUmORITY: Ordinance No.2006-05 F. SUBMITTAL DATE: January 16,2007 G: FY 07 REVIEW DATE: March 27,2007 (note, enter date ofBCC meeting for review) H. LAST Bee REVIEW DATE: March 16,2003 I. SUMMARY: Collier County Ordinance 90-111 created the Pelican Bay Advisory Committee for the purpose of overseeing, on a local level, the street lighting, water management extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalks, street and median areas, identification markers, the maintenance of conservation or preserve areas, including the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. The ordinance was amended in 2000, 2001 and was repealed and replaced by Ordinance 2006-05 on January 24, 2006. The Committee is composed of 11 members. The members are appointed by resolution of the Board of County Commissioners for a four-year term and must be permanent residents and electors of Collier County. Committee members are required to be representatives of the residential and commercial interests and landowners in Pelican Bay. The Board reviews and approves programs and the budget for the Pelican Bay Services Division. The Board may analyze and review existing structure, management, functions, business practices, and procedures of the Pelican Bay Services Division and make recommendations for increased efficiency and cost-effectiveness. The Board may also assist in the implementation of those recommendations. Regular Pelican Bay Services Division Board meetings are usually held on the first Wednesday of the month at 3:00 P.M. at the Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108. The current membership is composed of Chairman, M. James Burke, Coleman Connell, Vice Chair; John Domenie, Vice Chair; Donald Spanier, Vice Chair; Annette Alvarez; John Boland; David Bramson; John laizzo; David Nordhoff; Edward Staros and one vacancy, with the resignation of Mr. Christopher Sutphin. which is currently in the Page! of3 .. Agenda Item No. 10C March 27, 2007 Page 16 of 20 process of being filled. 1. Whether the CommitteelBoard is serving the purpose for which it was created. The Pelican Bay Services Division provides a variety of valuable services to the Pelican Bay Community. The Division's history goes back to 1974 when the Clam Bay Improvement District (independent) was first established to provide an administrative framework to allow for the orderly development of the area. In 1978 the District was reestablished as the Pelican Bay Improvement District (independent), which existed in that form and name until 1990 when it was assumed by Collier County and renamed the Pelican Bay Services Division. The Division encompasses the community of Pelican Bay for a total of 2,104 acres and serves approximately 14,000 permanent and seasonal residents. With community input, the Division provides a variety of local operating services including community appearance, beach cleaning, aquatic system maintenance, street sweeping, street lighting, street sign maintenance and Clam Bay restoration. In addition, the Division also provides capital programs including community wide landscape & irrigation system renovations, U.S. 41 berm improvements, Clam Bay restoration, and landscaping. Over the past sixteen (16) years, the community through the Division has invested significant resources in all of these projects, and we believe that the Pelican Bay residents have benefited significantly from all of these capital projects, along with the operating programs currently in effect. To finance its Operating and Capital Programs, the Division levies a combination of non-ad valorem special assessments and ad valorem taxes on the Pelican Bay residents to fund these services with the Total Budget for Fiscal Year 2007 equaling approximately $4,000,000.00. 2. Whether the Board is adequately serving current community needs. The Board currently meets on-site monthly to discuss the needs of the Community with residents and interested parties, and as the Commission is aware, there are over 6,600 pages of minutes of meetings, that identify all of the issues within the Community. 3. List the Board's major accomplishments for the preceding 12-montb period. Each year the Division mails to the Pelican Bay Community an annual Newsletter, the Pelican Bay Advisor, which focuses on the accomplishments for the past year and our goals for the upcoming year, and I have included a copy of the newsletters for the previous four years with this report. An update on the happenings of the monthly meetings are reported in the Pelican Bay Post, a community newsletter, each month, along with Minutes of the various meetings being posted to our website. In addition, the PBSD Board has made an extensive effort to build productive working relationships with the Board of County Commissioners and specifically its' District 2 Commissioner, Collier County Sheriff, as well as County staff, closely related Collier County Advisory Committees and neighboring communities. This is an ongoing effort Page2of3 Aaenda Item NO.1 OC ~ March 27.2007 Page 17 of 20 that we feel is well placed and has, to date, produced measurable results. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. The Board fully supports the services that are currently provided by the Pelican Bay Services Division, and that the Division provides the community with a uniform, focused. fair and efficient delivery of basic community services, and that the Board is the best mechanism to insure that the delivery of these services are consistent with the needs and desires of the Pelican Bay community. 5. Whether the ordinance creating the Board sbould be amended to allow the Board to more adequately serve the purpose for which it was created. The Ordinance creating the Board has recently been amended to better serve the needs of the Community by clarifying and delineating Board responsibility. 6. Whether the Board's membership requirements should be modified. The Board's membership requirements are adequate at this time. 7. The cost, both direct and indirect, of maintaining the Board. The efficiencies of local service delivery and accountability to residents keep the Division and indirect costs associated with the board relatively low, and absorbed in the normal course of duties by the staff. J: ADDmONAL BOARD/COMMITTEE COMMENTS: None K: STAFF COMMENTS: We concur with the foregoing statements and opine that local service delivery, tailored to the local need and accountable to the Pelican Bay residents delivers an optimum response to the unique needs of the community. John Petty, Division Administrator Page 3 of3 Agenda Item No. 10C March 27, 2007 Page 18 of 20 ADVISORY COMMITTEEIBOARD FOUR- YEAR REVIEW BY TIlE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 IA. lB. I C. I D. IE. IF. I G: I H. ADVISORY COMMITTEE: I Tourist Development Council CHAIRMAN: I Commissioner Jim Coletta STAFF LIAISON: I Jack Wert STAFF AGENCY: I Tourism Department AUTHORITY: I Ordinance No. 92-60 I. SUMMARY: I Collier County Ordinance 92-18 established the Collier County Tourist Development Council (mC) to oversee, adopt and recommend a plan for the uses of the tourist development tax. The Council is made up of a County Commissioner, two elected municipal officials of which one is from the most populous city, three owners or operators of establishments that collect the tourist development tax and three people involved in the tourism industry, but do not collect the tourist development tax. The me reviews tourism initiatives; beach and inlet management projects and recommends marketing plans and budgets. Tourist Development Council (TDC) meetings are usually held on the fourth Monday of the month at 9 A.M. in the County Commission Chambers on the third floor of the W. Harmon Turner Administration Building. The current membership is composed of Commissioner Jim Coletta, Chairman; Councilman Glenn Tucker, Vice Chairman; Councilman John Sorey; Susan Becker; Rick Medwedeff; Clark Hill; Murray Hendel; Ed Olesky; Robert Miller Page I of3 Agenda Item NO.1 OC March 27. 2007 Page 19 of 20 1. Whether the CommitteelBoardlCouncil is serving the purpose for which it was created. The Tourist Development Council is serving the purpose for which it was created. The recommendations from the TDC move to the County Commission for approval. This arrangement works well to keep fmancial matters flowing efficiently through the Clerk's Finance Department. Promotion of the spring, summer and fall maintains year-round employment opportunities to the over 28,000 people employed in the tourism industry within Collier County. 2. Whether tbe Council is ad uate senriD current communi needs. The Tourist Development Council serves the needs of the community by assisting in attracting visitors to the area to stay in paid accommodations and spend money in area businesses. These visitors contribute tax revenue to the County in the form of sales and gasoline taxes and save County households over $457 each year in taxes. 3. List the Council's major accomplishments for the preceding 12-month period. Tourist development tax collections up 1 % over previous year. Direct visitor expenditures up 5% over previous year. Tourism industry jobs and wages up 8% over previous year. Visitation from Orlando, Tampa and Chicago up an average of2001c. from the previous year due primarily to increased media expenditures in those markets. 4. Whetber there is any otber Board or agency, either public or private, which is sening or would better sene tbe purpose for whicb tbe Board was created. There is no other board or agency that could better serve the purpose and functions of the Tourist Development Council. 5. Whetber the ordinance creatiDg the Board sbould be amended to allow the Board to more adequately serve tbe purpose for wbicb it was created. The ordinance is adequate and does not need to be amended at this time. 6. Whether the Board's membenbi uirements should be modified. The TDC membership requirements are mandated by Florida Statute 125.0104 and do not need to be modified. Page: 2 00 Agenda Item NO.1 OC March 27, 2007 Page 20 of 20 7. Tbe cost, both direct and indi of maintainin tbe Board. Direct and indirect administrative costs to maintain the Tourist Development Council and Convention & Visitors Bureau functions and activities are $1,500,000 or 11 % of the total annual tourist tax revenue. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: The Tourist Development Council (TDC) is operating efficiently and no changes are anticipated. K: STAFF COMMENTS: Tourism Director, Jack Wert, is in concurrence with this report. The TDC is a very hard working, dedicated group of volunteers that put in countless hours in the support of our tourism efforts in Collier County. Page 3 oD .- - Agenda Item No. 100 March 27, 2007 Page 1 of 20 EXECUTIVE SUMMARY To be heard immediately following Item 14B. Recommendation for the Collier County Board of County Commissioners (BCC) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. (David L. Jackson, Executive Director, Bayshore/Gateway CRA) (Companion item to 14B) OBJECTIVE: Recommendation for the Collier County Board of County Commissioners (BCe) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to approve the acquisition of property, and Florida Statute 163.370 - known as "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase and sale of property. Collier County Ordinance 2000-42 establishes the Redevelopment Trust Fund and appoints the governing body of the Community Redevelopment Agency (the BCe) as the trustee of the Redevelopment Trust Fund and states that funds shall be disbursed from the fund as provided by the CRA agency. On July 25, 2006 the CRA Board signed CRA Resolution 2006-197 that approved a non- revolving Line of Credit with Wachovia Bank as a result of a CRA advertised Invitation To Bid (ITB), and the BCC signed BCC Resolution 2006-198 that approved the CRA' s Line of Credit with Wachovia Bank. CONSIDERATIONS: The Community Redevelopment Agency Local Advisory Board has identified several pieces of property important to the proactive development of the Gateway Triangle sector of this CRA. This tract of land is identified in the CRA Master Redevelopment Plan as a potential site for a catalyst redevelopment project - Exhibit A. CRA acquisition of targeted parcels within the mini-triangle will provide the CRA an opportunity to achieve many of the objectives stated in the CRA Master Redevelopment Plan. Agenda Item NO.1 OD March 27, 2007 Page 2 of 20 After months of discussions and negotiations with the property owners in the mini-triangle area, the Local CRA Advisory Board recommends that the CRA Board purchase 1.66 acres of commercial (C-4) land: 1807 Tamiami Trail East; Folio # 00386840007. An assignable real estate purchase contract for $3.5 million for this parcel is attached for the CRA Board to review and approve for the Chairman to sign. The contract has a due diligence expiration date of July 10,2007 and a closing date of July 30,2007. The Bayshore Gateway Triangle CRA Trust Fund does not have the cash reserves to purchase the land; however, the CRA does have the financial strength in its TIF growth projections to incur another line of credit up to $12 million - Exhibit B "PFM's Memorandum: Funding Options and Debt Capacity of the CRA". Based upon discussions with the County's Finance Committee, independent financial advisor as well as bond counsel, the preferred borrowing vehicle is a commercial bank loan procured via invitation to bid. Since a significant portion of this real estate may be sold to a developer, this transaction does not meet federal tax law requirements for a tax-exempt debt issuance. Therefore, conventional tax-exempt municipal debt or commercial paper cannot be used. Securing a taxable loan provides the best approach for a timely and cost effective financing. Since CRA tax increment revenues are pledged to pay debt service, notification to all affected taxing bodies will be necessary no less than fifteen (15) days before closing the transaction. Due to the high cost to acquire large sums of financing, an additional loan amount over the purchase price of this parcel is requested as a set-aside for the future acquisition of other parcels within the mini-triangle and surrounding the identified site, to cover the cost of site preparation/demolition, future infrastructure improvements and incurred administrative costs. The Collier County Finance Committee reviewed Exhibit B and the request to advertise for second bank line of credit. By motion, the Committee recommended that with approval of the CRA Board and BCC, the CRA should proceed with an Invitation To Bid for $9 million. The county's financial advisor and bond counsel indicate that the invitation to bid process together with closing on the loan proceeds can be completed within the contractual timelines. FISCAL IMPACT: Sufficient budget is available in the Bayshore/Gateway Triangle Fund (187) to cover the $100,000 earnest money deposit for the 1.66 acre parcel. CRA tax increment revenues are sufficient to cover projected debt service payments on the $9M financing and all other CRA debt requirements. Budget amendments will be necessary to set up the required debt service reserve and acknowledge draws on the line of credit. This financing will require the pledge of CRA tax increment revenues as the debt repayment source as well as other ministerial language required by statute. It is envisioned that all enabling documents will be negotiated and prepared for subsequent BCC and CRA approval assuming the BCC and CRA authorize this acquisition to proceed. Aaenda Item NO.1 00 ~ March 27, 2007 Page 3 of 20 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. LEGAL CONSIDERATIONS: Once the Bank is selected through the invitation to bid process, bond counsel together with staff from administration and the county attorney's office will prepare all of the necessary loan documentation which will be presented to the CRA and the BCC for approval. The financing will be done under the authority of Chapters 125 and 163, Florida Statutes. RECOMMENDATION: Recommendation for the Collier County Board of County Commissioners (BCe) to authorize the Community Redevelopment Agency (CRA) to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency; authorize the CRA to execute a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; and authorize all necessary budget amendments. Prepared by David L. Jackson on February 11, 2007 Executive Director, Bayshore Gateway Triangle CRA Item Number: Item Summary: Meeting Date: Agenda Item No. 100 March 27, 2007 Page 4 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D To be heard immediately following Item 148 Recommendation for the Collier County Board of County CommiSSioners (Bee) to author'ize ttl€ Community Redevelopment Agency (eRA) to coordinate win! all appropnate entitles to secure and structure a loan In an amount not to exceed $9,000.000 from a comrnerclallender selected via Invitation To Bid (Bank ITB) to purchase certalr real property within the Bayshore Gateway Tnangle Community Redevelopment Agency authOrize the eRA to execule a commitment letter with the selected bank lender and to negotiate and prepare for subsequent approval all required enabling documents to pledge eRA funds as the loan repayment source: and authorize all necessary budget amendments (David L Jackson Executive Director, Bayshore/Gateway eRA) (Companion Item to 148) 3/27/20079.00:00 AM Date Prepared By David Jackson Community Redevelopment Agency Executive Director Bayshore-Gateway Redevelopment 3/14120076:30:42 PM David Jackson Date Approved By Community Redevelopment Agency Executive Director Bayshore-Gateway Redevelopment 3/151200711 :24 AM Date Approved By Marjorie M. Student-Stirling Assistant County Attorney 311512007 2: 34 PM Approved By County Attorney County Attorney Offfce Steve Carnell Administrative Services Purchasing/General Svcs Director Date PurchaSing 3115/20074:12 PM DZlte Approved By oP,'S Coordinator County Manager's Office Administrative AssIstant Office of M anopelllcnt t. Budget 31'16/2007 7:54 AM Date Approved By Mark IsaCKson County Manager's Office Budget );nalyst Office of Management & BIJdget .2/19/20075:56 PM Date Appro\'ed By Michael Smykowski County Manager's Office Management &. Budget Dlrector Office of Management &. Budget 3/20/20075:29 PM Dzte Approved By James V, Mudd Board of County C(Jmrnl$:>iOlH~rs County Manager County tI/ianager's Office 3120:2007 6: 12 PM Agenda Item NO.1 00 March 27, 2007 Page 5 of 20 ASSIGNMENT OF CONTRACT This Assignment of Contract is made and entered into thIS 6th day of February. 2007, by and between LEO J. SALVATORI, TRUSTEE, hereinafter referred to as "Assignor"; in favor of COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as "Assignee"). For and in com.jderation of the sum of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, Assignor does hereby assign unto Assignee all of its right, title and interest in and to that certain Commercial Contract dated January 31, 2007, by and between Leo J, Salvatori, Trustee, as Buyer; and Fifth Avenue Plaza, LLC, as Seller, a true and correct copy of which Commercial Contract is attached hereto as Exhibit "A" and incorporated herein by virtue of this reference. ASSIgnor also assigns to Assignee aU right, title and interest (if any) in the earnest money deposit made by Assignor to the Seller pursuant to the terms of the Commercial Contract (Exhibit "A") By execution hereof, Assignee does hereby agree to be bound by the terms and provisions of said Commercial Contract. IN WITNESS WHEREOF, the undersigned has set its hand and/sea!\he date and year fIrst / / written above. ,/ .../---.... . > , :' f, IU , -,.,' ..' / ASSIG'NOR: J / ,,/>1 I / 1/ , ~/., " ' '-t:e'6 J. Salvatori, Trustee Witness No. 1 Signature ASSIGNEE: COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Wttness No.2 Signature By: , as Prolaw:677"S Commercial Contract FLORIDA ASSOCIATION OF REAL TORS@ Agenda Item NO.1 OD March 27, 2007 Page 6 of 20 1. PURCHASE AND SALE: Leo J. Salvatori, as Trustee, or assiqns 2' agrees to buy and Fifth Avenue Plaza, LLC, a Florida limited liability company 3* agrees to sell the Property described as: Street Address: 1807 Tamiami Trail East 4' Naples, FL 34112 ("Buyer') ("Seller") 5* Legal Description: See Exhibit "An attached hereto and made a part hereof 6* 7* and the following Personal Property: 8' 9 (all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this Contract is 10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day. 13* 2. PURCHASE PRICE: 14' (a) Deposit held in escrow by 15* (b) Additional deposit to be made wWlifI Salvatori & Wood, P.L. $ $ $ 3,450,000.00 1,000.00 9,000.00 2 days from Effective Date 16' (c) Total mortgages (as referenced in Paragraph 3) $ N/A -17' (d) Other: Additional deposit after expiration of Due Diligence Period $ 18' (e) Balance to close, subject to adjustments and prorations, to be made with cash, locally drawn $ 19 certified or cashier's check or wire transfer. 90,000.00 3,350,000.00 20* 3. THIRD PARTY FINANCING: Within days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, apply for 21* third party financing in the amount of $ % or the purchase price to be amortized over a period of _ or 22* years and due in no less than years and with a fixed interest rate not to exceed 0 % per year or variable interest rate not 23* to exceed 0 % at origination with a lifetime cap not to exceed % from initial rate, with additional terms as follows: 24' 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timely provide any and all credit, 26 employment, financial and other information reasonably required by any lender. Buyer will notify Seller immediately upon obtaining 21' financing or being rejected by a lender. If Buyer, after diligent effort, fails to obtain a written commitment within _ days from 28 Effective Date ("Financing Period"). Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposit(s) will be 29 retumed to Buyer in accordance with Paragraph 9. 30' Buyer (~ (~ and Seller (---1 (~ acknowledge receipt of a copy of this page, which is page 1 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved LEO J SALVATORI 4001 TAMIAMI TR N NAPLES, FL 34103 .- Phone: (239) 263 - 1484 Fax: (239) 649. ] 706 Trudy Smith Produced with ZipForm"" by RE FormsNet. LLC 18025 Fifteen Mile Road. Clinton Township, Michigan 48035 www.zipform.com Meridian-Fifth I 31' 4. TITLE: Seller has the legal capacilY 32' 0 other 33 but subject to property taxes for the year of 34. other matters to which title will be subject) None 35' 36 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as 37' commercial development Agenda Item No. 100 March 27, 2007 Page 7 of 20 to and will convey marketable title to the Property by lXI statutory warranty deed , free of liens, easements and encumbrances of record or known to Seller, closing; covenants, restrictions and public utility easements of record; and (list an} 38' (a) Evidence of Title: Seller will, at (check one) !XI SeUer's 0 Buyer's expense and within ~ days !XI from Effective Date 39' 0 prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) 40' ~ a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in 41 the amount of the purchase price for fee simple title subject only to exceptions stated above. 42. 0 an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 43 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as 44 a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 45 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all 46 documents recited in the prior policy and in the update. 47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller of title 48 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper 49' written notice and Seller cures the defects within 30 days from receipt of the notice ("Curative Period"). If the defects are 50 cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may 51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are 52 not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to 53 elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in 54 purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 charges and title examination. 56 (c) Survey: (check applicable provisions below) 57* !Xl Seller will, within 5 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and 58' engineering documents, if any, and the following documents relevant to this transaction: environmental assessments, 59' leases, entitlement, correspondence w/governmental aqencies , prepared for Seller or in Seller's 60 possession, which show all currently existing structures. 61" !Xl Buyer will, at 0 Seller's !Xl Buyer's expense and within the time period allowed to deliver and examine title evidence, 62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the 63' Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with existing 64' encroachments IZl such encroachments will constitute a title defect to be cured within the Curative Period. 65 (d) Ingress or Egress; Seller warrants that the Property presently has ingress and egress. 66 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. 67* 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in Collier County, Florida on 68" or before the or within ~ days from Effective Date ("Closing Date"), unless othefVllise extended 69' herein. IZl Seller 0 Buyer will designate the closing agent. Buyer and Seller will, within 170 days from Effective Date, deliver to 70 Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 71 requirements as to place, time of day, and closing procedures will control over any contrary provisions of this Contract. 72 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge 74 any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignment of leases, updated rent roll, 76 tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of 77 the change in ownership/rental agent. If any tenant refuses to execute an estoppel letter, Seller will certify that information 78 regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth 80 facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer 81 will provide the closing statement, mortgages and notes, security agreements and financing statements. 82' Buyer (_) (~ and Seller (---.J (~ acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced With ZIPForm™ by RE FormsNeL LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 mMfzipformcom Meridian-Fifth Allii.nda Item No. 10D 83' (c) Taxes, Assessments, Prorations: The following items will be made current and proratedlXl MarQh ~9~7Date 84' 0 as of : real estate taxes, bond and assessment payments assume~EUfll!terest, 85' rents association dues insurance premiums acceptable to Buyer, operational expenses and N/A . - '16 If th~ amount of taxe~ and assessments for the current year cannot be ascertained, rates for the previous year will be used with due J7 allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially 88' affecting the Property: None . . . . . 89 Buyer will be responsible for all assessments of any kind which become due and oWing on or after Effective Date, unless the 90 improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at closing a 92 portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seller is a "foreign person' as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, 94 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding is required 95 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds 96 and Buyer will provide proof to Seller that such funds were properly remitted to the I.R.S. 97' 6. ESCROW: Buyer and Seller authorize Sal va tori & Wood, P . L. 98' Telephone: (239) 263-1480 Facsimile: (239) 649-0158 Address: 4001 Tamiami Trail North Suite 330 99' Naples, FL 34103 to act as "Escrow Agent" 100 to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract. Escrow 101" Agent will deposit all funds received in IX! a non-interest bearing escrow account 0 an interest bearing escrow account with 102. interest accruing to with interest disbursed (check one) 0 at closing 103* 0 at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 104 Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until the parties mutually 105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the 106 escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon 107 notifying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items 108 preyiously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 109 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 110 interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 114 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, ordinary 115 wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties 116 other than marketability of title. By accepting the Property "as is", Buyer waives all claims against Seller for any defects in the 117 Property. (Check (a) or (b)) 118* 0 (a) As is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition. 119. !XI (b) Due Diligence Period: Buyer will, at Buyer's expense and within 160 days from Effective Date ("Due Diligence Period"), 120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ("Inspections") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 124 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property of Buyer's intended use and development. Buyer shall deliver written notice 128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. 129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present lias is" condition. 130 Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, 133 claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of 134 any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien 135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 136 repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the 138 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 139 immediately returned to Buyer and the Contract terminated. 140'Buyer <-----.> <-----.> and Seller <-----.> <-----.> acknowledge receipt of a copy of this page, which is page 3 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Mile Road. Clinton Township. Michigan 48035 W\NW.zipformcom Meridian-Fifth 141 (C) Walk-through Inspection: 142 conduct a final "walk-through" 143 Property is on the premises. 144 (d) Disclosures: 145 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 146 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state 147 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained 148 from your county public health unit. 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 1 50 Property. 151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the 153 Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or 154" Buyer's intended use of the Property will be permitted IXI only with Buyer's consent 0 without Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and 156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be retumed in 157 accordance with applicable Florida laws and regulations. 158 10. DEFAULT: 159 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. If 161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 162 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) 163 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in 164 full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retains the 165 deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained 166 by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, 168 which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, cost and 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: 172" (a) Listing Broker: Jordan O' Mara 173* who is IXI an agent of John R. Wood !Xl a transaction broker 0 a nonrepresentative 174" and who will be compensated by IXI Seller 0 Buyer 0 both parties pursuant to !Xl a listing agreement 0 other (specify) 175" 2.5% of Purchase Price r Buyer may, on the day prior to closing or any other time inspection of the Property to determine compliance with this Agenda Item NO.1 00 March 27,2007 Page 9 of 20 mutually agreeable to the parties, paragraph and to ensure that all 176' 177. 178* 179' 160" 181' (b) Cooperating Broker: William J. Bayes who is IXI an agent of Ameri ves t and who will be compensated by 0 Buyer IXI Seller 0 both parties pursuant to cooperating broker 0 other (specify) 2.5% of Purchase Price IXI a transaction broker 0 a nonrepresentative fXI an MLS or other offer of compensation to a ~ 82" 183" 184" 185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries, 186 introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker 187 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and 18B from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) 189 enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or 190 Seller, which duty is beyond the scope of services regulated by Chapter 475, FS., as amended, or (4) recommendations of or services 191 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seller. 192" 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise 0 is not assignable 193" IXI is assignable. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This Contract is binding upon Buyer. Seller 194 and their heirs, personal representatives, successors and assigns (if assignment is permitted). 195" Buyer(~ (~ and Seller (~ (~ acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipForm™ by RE FormsNet. LLC 1 B025 Fifteen Mile Road, Clinton Township, Michigan 46035 www.zipform com Meridian-Fifth . : i Agenda Item NO.1 OD 196 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an aadenql,lu:n-dA ~ ~vact): 197* 0 Arbitration 0 Seller Warranty 0 Existing Mortgage Page 10 of 20 19S* 0 Section 1031 Exchange 0 Coastal Construction Control Line 0 Other '99. 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other LOO* 0 Seller Representations 0 Seller Financing 0 Other 201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for 204 all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail 205 over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 206 to be fully effective. This Contract will be construed under Florida law and will not recorded in any public records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party. 20S THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL 214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 218* DEPOSIT RECEIPT: Deposit of $ 1,000.00 by I:xJ check 0 other received on 219* January 2007 , _ by 220 Signature of Escrow Agent 221 OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a 222* signed copy delivered to Buyer or Buyer's agent no later than 5: 00 0 a.m. I:xJ p.m. on January 23 ,2007, - <23 Buyer may revoke this offer and receive a refund of all deposits. 224* Date: BUYER: Tax 10 No: 225. 226* Leo J Salvatori, as Trustee Title: Telephone: (239) 593-3100 Facsimile: Address: 4001 Tamiami Trail North, Suite 330, Naples, FL 34103 227* Date: BUYER: Tax 10 No: 228* 229* Title: Address: Telephone: Facsimile: 230* ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (D subject to the 231 attached counter offer). 232* Date: SELLER: 233* Title: 234* Address: 235* Date: SELLER: 236* Title: 237. Address: Tax ID No: Telephone: Facsimile: Tax ID No: Telephone: Facsimile: 238. Buyer (----> (---> and Seller C_) C----> acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. Th~ Florida Association of REAL TORS@ makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. ThiS standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as aREAL TOR@. REAL TOR@ is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REAL TORS@ and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced With ZipForm™ by RE FormsNet. LLC 1S025 Fifteen Mile Road. Clinton. Township. Michigan 48C35 wwwzipform.com Meridian-Fifth {\;j@nj" Item No. -+GQ~ **t OR: 3911 PG:M~WG~' ~~ Exhibit "A" Beginning at the Northwest comer of Section 1', Township 50 South, Range 25 East, in the County of Collier, State of Florida; Thence run North 89.39" ()" East 378.50 feet to a point; Thence run South '-24'36" West 60 89 feet to a point in the Southerty right-of-way line of State Road No. 858; Thence run along the right-of-way line of said State Road No. 858, North 69-2T4T' Easl50 feet to a pipe marker. being the POINT OF BEGINNING; Thence continue along said right-of-way line of said State Road No. 858.235.80 feet to a point marked with an Iron pin; Thence run South 00-33'21" East 39304 feet to a point on the North line of U.S. Route No, 41; Thence run Northwesterty along the Northerly line of U', S. Route No. 41 to a pipe marker on the said Northerly right-of- way line of U. S. No. 41; thence run North 16023'4'" East a distance of 19359 feet to the point or place of beginning, Said property being bounded on the West by property described In a Deed dated August 19, 1963, from Charles Antonopoulos to Cities Service Oil Company, recorded in O. R. Book 148, at Page 471, of the Public Records of Collier County, Florida. Less and Except the lands taken by the State of Florida. Department of Transportation as described in that certain Order ofTaking recorded In OffiCIal Records Book 2364, page 1444, of the Public Records of CoRier County, Florida 0;'/31/07 '1~~09 F~ J~-31"20B7 09;56 IQJ uu" 31472'fp[~a ItEp1;l~. 100 March 27, 2007 Page 12 of 20 p,~, P. 02 -----1 POLS lNE\.L 1 J~l'II R ~DD (He. J~N~22~2D01 MQH Os~,n pn vsoc r1.:139malA& lll'l .hI' 21 2GQl n:i'J FAX nw, 239 i13 e24~ Cant",,"1 Cr.a,,~ I'LQ~AUl)ctA'T1CIM Of Fi,...'T'oRS. t- 1...~....DUA\.;I.... :J~ ...~_~~ ... ~~,,_. De ...,i.._ I. 19f81II1tI1l1lt ",II ~r.t:k ~..... ,,~.&,.,. LrlC. .a nwJ._ li.&lbod h"U..~ -- ii' .... 11II911 v.. PI...... tl5tIIIII4 It; ,._ ~I; J '0 , . ~1Iood. ~.i..\. ...... 4" "'M1D".:n. !.~.iln ? \,aoal Pakd,lior( A"& .MUa1.~ ...... .,t.'bl....... ~n't:A ad. ~ oil .I!::a1r1: tt~ ('tuyJlf') ('Wlf) ." ,.. I!I'G l~. "6..-.. PIlV..... PIllPad'f. A' I <<:Ill taI"~ tll. lit .. "" "'1'IiIIPCI'lv' 111 ~ WIN IIrill' CQI/I_ ,It fiutol ..,. TIl,.... s..c" .., Ill,. &wit.... ,. I/.l Uta If.. ell IIIhlc:1iI 'hI 1IIt .. lit. fI~l. II. .. II....IN rID It ., !he DJII'-' 'II fill tMlIrad 'nma ...... of S J1 dlrfl .r 1a.I1I IIIlII " ~!If ~ ~ SJ"ldlIj. 'SUlli.,; rt IlllltNl 11II1 ftaJld.s -11 ~ ~, JIIII\&lIf ~l'li _~ . I' s.Junj~" ~lIII4lIY ~ IlItu I8pI hIlda, .. lie e........ IiIlW Ha p N . of II- IIlllI<< '_lit At '" ~ t 5 00 I uUU 11' J. 'U~IoSiE.,1IJtI!: . ' S ~ 'I(" <". DlIp4IiI~el(,I'tIl'~'" S.J._~",d, .. ~~. :p.t., I ~.l)Qa.OIJ U' It!) Ad61illl!lll ..,~ III ... II" IlIIWa ---!-... ,... IN.:l.. _ I. "Q 00, J:ll\I ,.' leI YvGl/ "*';.. 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'- -- --.---~---,----..- --- -- ---_. -~-- =- ~; iE <:i ~~ jf i J I .. ... d', ill III [J i !ILIIf JII to. oS :"i j . i . ~-------------,\ \ . '\ ", y. -~ ~..............~ I. \. ,,' I _._d_ _ _____. ___~_J .-iiil= 13350 Metro Parkway SUIte 302 Fort Myers FL 33966 Agenda Item NO.1 00 239~~?7, 2007 ~~r~~ l1J'B of 20 - - -- -- -- '===- The PFM Group """"'!!'!- February 22, 2007 Memorandum To: David Jackson, Bayshore Gateway Triangle CRA, Collier COlmty, Florida Mike Smykowski, Collier County Administration Ste\e Miller. Nabors Giblin &. Nickerson From: Hal Canary Kelly Ryman Lauren Shelton Public Financial Management Inc. Re: FlUlding Options and Debt Capacity of Bayshore Gateway Triangle CommlUlity Redevelopment Agency Public Financial Management. Inc. ("'PFM") was requested by the Collier County, Florida ("County") Community Redevelopment Agency C'CRA") staff to anal~'ze the remaining debt capacity of the CRA Tax Increment Revenue pledge. PFM has provided several potential structuring options in order to utilize the CRA's debt capacity. In 2006. the CRA borrowed $4.533 million on a $7 million (non-revoh'jng) Line of Credit ("LOC") through Wachovia. PFM reviewed the outstanding LOC loan documents and Wachovia's additional parity debt language when structuring these future debt issuance scenarios. General Assumptions General Assumptions Issue Date May I. 2007 Term Allo\\ for 15 \ ears of Debt Seryice First Principal Date October 1. 2007 First Interest Date October 1. 2007 Based on Estimated Collection from the CRA - I Revenue Constraint "Medium" Scenano MinJJllUI11 C overn!.!.e 1. 50:-; Scenario I: Taxable Bond Issue to refinance current LOC and prO\ide additional momes for future projects. Scenario 2: Taxable Bond Issue \\Tapped around outstanding LOC. Agenda Item NO.1 00 March 27, 2007 Page 19 of 20 ......- -- - - - .- -:.::..=:....:.: ,=- -- ~ Cr_)llier County, Florida Fthru3ry 22, ~007 p"ji,'\' 2 Speci fic Assumptions Assumptions Scenario 1 Scenario 2 iUndemriter's Discount $6/Bond $6/Bond IBond Insurance 35 bDs 35 bps l,suret\ Polic\ 3.(10" ;, 3.()(1'\;, I ! FL AAAllns. Re\enue FL AAA/Ins. Re\enue Ilnterest Rate Taxable Scale (2/.2\1!O(,) + 1:- Ta"\able Scale (2/.2U/06) + 15 bos bps Fill 10 Re\enue Constral/ll at Wrap Around outstanding Structure I.50x co\erage LOC and Fill to Revenue ! Constraint al 1.50x co\erage Scenario 3A Taxable, Non-Re\ ohing LOC \\Tapped arOlU1d olllstandl/lg LOC ScenariO .3 B: T a"\able, Re\ ohing LOC \Happed around outstanding LOC. SDecific Assumptions Assumptions Scenario 3A Scenario 38 IInterest Rate I !Structure ! 7~()O" per WachO\la ABT I I Fill 10 Re\t~nue Constraint at 1.50x co\erage 77)"" per \Vacho\ta ABT + 25 b s for revoiYin LOC Fi II to Re\enue Constraint at ! 1.50x coverage Results ! Par Amount $.2lU7 million $1.2 .., 5 mill i on I ! TIC "i, (, Ill) I",. 5 ~):'\:'\"" 7 :'ill I "'" 7 7:'\ I"" > I Project Fund Monies $.235X million ); 15 (\~ mil II 01 $ 12 2 1111 Iii on I $1 IX2 million I ". available I J Total Debt Senice i $~-+.:'i I millIOn $22.7 millIOn P()l)X 1111I11On $22. X2 million i A \ erage Annual Debt $331 mi 111011 $.217 nulllOn $1 (,l{ null ion $I~X nullion Service I Maximum Annual $-+ Xh million $3.2:' million $3XI mIllIOn $:' 11 million Debt Ser\'ice : FlIlal Maturity 10: U2U20 IOIi')(J17 IOiL2U1lJ 1 (); 1/.2 02.2 - ~ Detailed analyses of each scenario are attached. .-..- -- - - =~:',.~~~ -====- -- ~=- ColEer County, Fl.~rida February 22, 200- rag<' :> Agenda Item NO.1 OD March 27,2007 Page 20 of 20 Recommendati on Based upon the assumptions and estimated median revenues provided by the CRA. each scenario ,j>ro\ ides atJ~ast511 million for i!Jt~re lan~ p~chases while meeting the 1.50x AdditIOnal Bonds Test. The structure provided in each scenario is quite aggressive and assumes ma'\':imizing the use of all projected revenues. The current revenue projections used in each scenario have ma'\':imum revenue of approximately $8.7 million in 2022. The outstanding Wachovia LOC has $4.553 million outstanding and $2.467 remaining with a final maturity of October 2011. Given the projected revenues and outstanding principal amount of the Wachovia LOe, PFM suggests refinancing the current LOC through a bond issue Lo fully utilize the CRA's revenues. The Wachovia loan requires any future variable rate loans ("LOC") to be calculated at 7.50 percent for the Additional Bonds Test. The current ta'\':able bond market (fixed rate debt) provides rates of approximately 5.3 percent to 59 percent, given the suggested structure. If the CRA opts to issue a Request for Qualifications for an additional LOC, a payment schedule for the outstanding LOC will be needed to ensure creditworthiness of the CRA and its' outstanding loans. Prior to finalizing a structure for an actual debt issuance, PFM recommends a conference call Vlith the working group to discuss future debt issuances to be made in connection with the LOC and prepayment thereof. Agenda Item NO.1 OE March 27, 2007 Page 1 of 19 ,,,,,,~- Executive Summary Recommendation to: (1) approve a Change Order to continue Phase II of Work Order # UC-250 under Contract # 04-3535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. in the amount of $848,020.00 for construction of fire and irrigation water system improvements within the Strand Community in Pelican Bay, Project Number 74023, and (2) Approve a Budget Amendment of $1,181,157.00 to sustain the overall funding for this project. OBJECTIVE: The public purpose of this project is to ensure the long-term reliability of the Pelican Bay fire protection water system. This is being accomplished by converting the fire protection water supply within the Strand from the Irrigation Quality (IQ) water system to the County's potable water system. CONSIDERA TION: The Pelican Bay Fire & Irrigation Water System Improvements project has been implemented in phases commencing in the year 2001. The work being performed under this work order is part of the final phase of this project for conversion of the fire protection systems in Pelican Bay to potable water. This project is consistent with the 2005 Wastewater Master Plan Update adopted by the Board of County Commissioners (Board) Agenda Item 10 (B) on June 6, 2006. -- Construction plans and specifications were completed for construction of fire and irrigation water system improvements along (I) a portion of Bay Colony Drive with condominiums and (2) the single family area designated as The Strand. As a result, requests for quotations were solicited from contractors under the Annual Contract for Underground Utility Contracting Services, Contract # 04-3535, approved by the Board of County Commissioners on March 9, 2004, Agenda Item 16(E)(6). During the October 24, 2006 Board meeting and based upon the recommendation of a review of the proposals by staff and the design professional, Wilson Miller, Inc., the Board approved Work Order # UC-250 with Kyle Construction, Inc. in the amount of $933,820.00, for construction of Phase I, as described above, as agenda item 16(C)3. The approved proposal was divided into two phases as follows: Phase I: Base Bid . This covers the installation of the main in the condominium area along Bay Colony Drive ending at the entrance to the Strand, at a cost of $933,820.00. Construction of phase I is 75% complete at this time. Phase II: Alternate Bid - · Option 1- This option required no new main installation within the Strand. It required the connection of a portion of the existing IQ main located within the Strand to the newly installed potable main that ends at the entrance to the Strand. The portion of the IQ main within the Strand was to be converted into an extension of the new Agenda Item NO.1 OE March 27, 2007 Page 2 of 19 potable main. The converted extension main would then be used for both fire suppression and irrigation purposes, and the residents of the Strand would pay the potable rates to irrigate with potable water. The installation cost was estimated to be approximately $25,000.00 to install a Backflow Prevention Device. . Option 2 - Two thousand eight hundred (2,800) lineal feet of a new eight-inch (8") potable fire main will be constructed within the Strand, and existing fire sprinkler services will be connected to the new main at a cost $848,020.00. Existing irrigation services will remain connected to the existing reuse water main, and the Strand residents will continue to pay reuse rates to irrigate. Also, during the October 24, 2006 Board meeting, Public Utility Division staff advised the Board that if the homeowners association of the Strand did not unanimously approve Option 1, staff would return to the Board for approval of the $848,020.00 change order to proceed with Option 2 and complete the main installation. The homeowners association has chosen Phase II, Option 2, and after payment of Phase I, there will be $266,863.00 remaining in the project budget funds. Future costs are also expected as a result of various other activities such as additional construction due to: recent clarifications of Fire Code Regulations; additional Pelican Bay communities (Pebble Creek) which require conversion; and a comprehensive and final GPS and GIS mapping of the underground utilities in Pelican Bay area. The forecasted costs of these activities are estimated at approximately $600,000.00 and are tabulated below. Item Activity Description Cost $ Chan!!e Order 1. Phase II, Option 2, BCCA main installation, WO# UC-250 848,020.00 Upcoming Activities 2. 3. Pebble Creek conversion construction (estimate) By Fire Code Regulation, Install 17 Backflow Prevention Devices with a Class I Fire Sprinkler Contractor (estimate) Reconcile GPS and GIS coordinates of installed facilities within County Easements (Engineering estimate) Budget required 65,000.00 450,000.00 4. 85,000.00 $1,448,020.00 5. Less current remaining budget 266,863.00 Budget Amendment required $1,181,157.00 _. The estimated costs above have been reviewed by department staff, and by the Engineering consultant, Wilson Miller. They are considered to be fair and reasonable based on conditions cUlTently known and based on cun'ent market prices. (See attached) Agenda Item No.1 OE March 27, 2007 Page 3 of 19 Paragraph 2, The Statement of Work, contained in Contract # 04-35-35, limits the amount of work orders to $750,000.00. Therefore, staff is also requesting a waiver to this provision as part of this approval. FISCAL IMPACT: The total cost associated with approval of this request is $1,181,157.00. A budget amendment is needed in the amount of $1,181,157 to move funding from completed and deferred projects to Pelican Bay Fire/IQ Improvement project 740231. The source of these funds is from Wastewater U ser Fees GROWTH MANAGEMENT IMP ACT: These improvements meet current Growth Management Plan standards to ensure the viability of public facilities RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve a budget amendment of $1,181,157.00 to add additional funds to the project budget 2. Approve Change Order 1 of Work Order # UC-250 with Kyle Construction, Inc. in the amount of $848,020.00 for construction of fire and irrigation water system improvements along a portion of Bay Colony Drive described as Phase II herein 3. Grant a waiver to the provisions in paragraph # 2, Statement of Work, of Contract # 04-3535 to enable approval of Phase II of Work Order UC-250, which exceeds the limit amount of$750,000.00 4. Authorize the County Manager or his designee to execute the Work Order after approval as to fonn and legal sufficiency by the County Attorney's Office PREPARED BY: Claude Nesbitt, Project Manager, Public Utilities Engineeling Department Item Number: Item Summary: Meeting Date: Aoenda Item ~'O, 10E " March 27. 2007 Page 4 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E Recommendation to' (1) Approve a Change Order to continue Phase II of Work Order # UC~ 250 under Contract # 04-3535, Annual Contract tor Underground Utilities Contracting Services. to Ky!e Construction, Inc In the amount of $848 020.00 for construction of fife and Irrigation water system improvements within the Strand Community in Pelican Bay, Project Number 74023, and (2) Approve a Budget Amendment of $1181.157 GO for U"s project (.llm Delany, Admin!strator, Public Utilities) 3/27/20079:00.00 AM Date Prepared By Claude Nesbitt Public Utilities Project Manager Public Utilities Engineering 3/8/2007 2:36:36 PM Date Approved By Paul Mattausch Public Utilities Water Director Water 3/912007 2:22 PM Date Approved By Pamela Libby Public Utilities Water Operations Manager Water 3/12/2007 1 :51 PM Date Approved By Dianna Perryman Administrative Services. Contract Specialist Purchasing 3/12120073:03 PM Date Approved By Roy 8, Anderson, P,E. Public Utilities Public Utilities Engineering Director Public Utilities. Engmeering 3/13/20074:32 PM Date Approved By William D_ Mullin. PE Public Utilities Principat Project Manager Public: Utilitie~~ Enginepring 3!1:.1/2007 4:43 PM Date Approved By G. George Yilm~z Public Utilities WasteWater Director WasteWater 3f13/200~ 6:10 PM D,lte Approved By Thomas \Nides Public Utilities Operi1tions Director P~lblic Utilitl~s Dnerll!ions 3114!20a7 10:28 AM Date Approved By Steve Carnell Administratlve ServIces PUrCI'\3smgIGeneral SVCf; Dlrector Purchasing 3/14/2007 1 :47 PM Date Appro\'ed By j<Jmcs W, DeLon~1 PUblic Utilities P~Jbllc Utilities Administrator Public 111ilitic~ Aaminlstration 3J~5l20[)7 2:14 PM Date Approved By or\~6 C(Jord~nator Count)' Manager's Office Adrmnistrnt!VG AssIstant Office of Man<lqement 8. 5~ldget 3/16/2007 7:42 AM Date Approved By Susan Usrler County Manager's Office Senior ~t~anagement/Budget Analyst Office of Management 8. Budget 3120/2007 10:03 AM Date Approved By Mjcha~l Smykow5ki County Manager's Office Management & Budget Director Office of Management &. Budget 3/20f20Q7 4:52 PM Date Approved By ~I<lmes V, Mudd Board of County Commissioners County Manager County Manager's Office 3/20/2007 B:59 PM Agenda Item NO.1 OE March 27,2007 Page 5 of 19 Executive SUmmary Recommendation to approve \Vork Order # UC-250 under Contract # 04-3535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. in the amount of $933,820.00 for construction of fire and irrigation water system improvements in Pelican Bay, Project Number 74023. OBJECTIVE: The public purpose of this project is to ensure the long-term reliability of the Pelican Bay fire protection water system. This is being accomplished by converting the fire protection water supply from the irrigation quality water system to the County's potable water system. CONSIDERATION: The Pelican Bay Fire & Irrigation Water System Improvements project has been implemented in phases commencing in the year 2001. The work being performed under this work order is part of the final phase of this project for conversion of the fire protection systems in Pelican Bay to potable water. This project is consistent with the 2005 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10 (B) on June 6, 2006. The preparation of construction plans and specifications has been completed for construction of fire and irrigation water system improvements along (1) a portion of Bay Colony Drive with condominiums and (2) the single family area designated as The Strand. As a result, requests for quotations were solicited from contractors under the Annual Contract for Underground Utility Contracting Services [Contract # 04-3535, approved by the Board of County Commissioners on March 9, 2004, Agenda Item l6(E)(6)]. The proposals are broken down into two phases as follows: . Phase 1: Base Bid (Directional Drill)- This covers the construction 111 the condominium area along Bay Colony Drive. · Phase 2: Alternate Bid (Directional Drill) - This covers the construction in the single family area of The Strand. A summary of the proposals received for Phase 1 is as follows: Contractor Amount . K vIe Construction, Inc. $ 933,820.00 . Haskins, Inc. S1,015,400.00 . Mitchell & Stark Const. Co., Inc. $1,243,146.00 Agenda Item NO.1 DE March 27,2007 Page 6 of 19 A summary of the proposals received for Phase 2 is as follows: Contractor Amount . Kyle Construction, Inc. $ 848,020.00 . Haskins, Inc. $ 919,900.00 . Mitchell & Stark Const. Co., Inc. $1,458,277.00 Based upon a review of the proposals by staff and the design professional, Wilson Miller, Inc. (letter attached), it is recommended that Work Order # UC-250 with Kyle Construction, Inc. in the amount of $933,820.00 be approved for construction of Phase 1 as described above. Paragraph # 2, The Statement of Work, contained in Contract # 04-3535 limits the amount of work orders to $750,000.00. Therefore, we are also requesting a waiver to this provision as part of this approval. This competitive procurement strategy was chosen because performance of this work requires a fire contractor's license for which only certain contractors under contract # 04-3535 are in possession of, and therefore, a separate formal bidding process would have limited bids from essentially the same contractors. In addition, referring to the tabulation of proposals above, it is noted that if we were to include Phase 2 in the amount of $848,020.00, the total amount of the work order would be $1,781,840.00. Phase 2 involves construction of2,800 lineal feet ofa new eight-inch (8") fire line along with connections to existing services in the single family area designated as "The Strand". Staff is currently in discussion with those property owners to provide an alternate solution which could be more cost effective and less disruptive to the neighborhood. Such involves converting the source of supply to the existing fire/irrigation line from the irrigation quality water system to the County's potable water system. This would eliminate the installation of a new fire line but would require the owners to pay potable water rates for irrigation service. However, if the County cannot obtain approval from all of the twelve single family owners in the Strand, it will be necessary to add Phase 2 to the project at a later date. In that event, we will return to the Board at that time for authorization to issue a change order to the contract to include work in the single family area known as The Strand already included in the initial bid. FISCAL IMPACT: The total cost associated with approval of this work order is $933,820.00. Funding for this obligation is available in the FY07 Capital Budget adopted by the Board of County Commissioners on September 21, 2006. Current appropriations are identified in the County Sewer Capital Projects Fund (414), Pelican Bay Fire & Irrigation Water System Improvements (Project Number 74023). The source of funds is Wastewater User Fees. GROWTH MANAGEMENT IMPACT: There IS no impact to the Growth Management Plan related to this action. Agenda Item NO.1 OE f/iarch 27. 2007 Page 7 of 19 RECOMMENDA nON: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve Work Order # DC-250 with Kyle Construction, Inc. in the amount of $933,820.00 for construction of fire and irrigation water system improvements along a portion of Bay Colony Drive described as Phase 1 herein. 2. Grant a waiver to the provisions in paragraph # 2, Statement of Work, of Contract # 04-3535 to enable approval of this work order which exceeds an amount of $750,000.00. 3. Authorize the County Manager or his designee to execute the Work Order after approval as to form and legal sufficiency by the County Attorney's Office. PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department Agenda Item NO.1 OE March 27, 2007 Page 8 of 19 Title XXXVII INSURANCE Chapter 633 FIRE PREVENTION AND CONTROL 633.539 Requirements for installation, inspection, and maintenance of fire protection systems.-- (1) The requirements for installation of fire protection systems are as follows: (a) Contractors of fire protection systems shall be certified under s. 633.521. (b) Equipment shall be listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc., or Factory Mutual Laboratories, Inc., or shall comply with nationally accepted standards. The State Fire Marshal shall adopt by rule procedures for determining whether a laboratory is nationally recognized, taking into account the laboratory's facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination. (c) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and the manufacturer's specifications. (d) Each piece of equipment supplied shall be guaranteed for a period of 1 year against defects in material or operations. (e) The contractor shall furnish the user with operating instructions for all equipment installed, together with a diagram of the final installation. (2) Equipment shall be inspected, serviced, and maintained in accordance with the manufacturer's maintenance procedures and with applicable National Fire Protection Association standards. The inspection of fire protection systems shall be conducted by a certificateholder or holder of a permit issued by the State Fire Marshal. The permitholder may perform inspections on fire protection systems only while employed by the certificateholder. This section does not prohibit the authority having jurisdiction or insurance company representatives from reviewing the system in accordance with acceptable oversight standards. (3) For contracts written after June 30, 2005, the contractor who installs the underground piping from the point of service is responsible for completing the installation to the aboveground connection flange, which by definition in this chapter is no more than 1 foot above the finished floor, before completing the Contractor's Material and Test Certificate for Underground Piping document. Aboveground contractors may not complete the Contractor's Material and Test Certificate for Underground Piping document for underground piping or portions thereof which have been installed by others. (4) The Contractor V may install the cross-connection backflow prevention device as defined in this chapter on new installations. The retrofitting of a backflow device on an existing fire protection system will cause a reduction in available water pressure and probable system malfunction. The development of aboveground fire protection system hydraulic calculations is a task of the Contractor I and II, as defined in this chapter. Accordingly, a Contractor V is expressly prohibited from retrofitting cross-connection backflow prevention devices on an existing fire protection system, and only a Contractor I or Contr-actor II who is tasked to recalculate the system and take corrective actions to ensure that the system will function with the available water supply may retroactively install these backflow devices on existing fire protection systems. History.--ss. 32,40, ch. 89-233; s. 9, ch. 91-189; 5.4, ch. 91-429; s. 29, ch. 2005-147; s. 94, ch. 2006-1. WilsonMiller@ .. New Directions In Planning. Design & Engineermg Agenda Item NO.1 O.E5 " March 27. 218:;k] 0 Page 9 of 1 .. rYears March 15, 2007 Claude Nesbitt Project Manager Public Utilities Engineering Department 3rd Floor, Building H 3301 East Tamiami Trail Naples FI 34112 Reference: Pelican Bay Fire/Irrigation System Dear Mr. Nesbitt: We have reviewed the draft of the Executive Summary regarding the Change Order to continue Phase II of Work Order # UC-250 under Contract # 04-3535, Annual Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. with respect to the projected costs for the project. Based on the information that we currently have regarding the project, the cost estimates provided below are reasonable. Item Activity Description Cost $ Chanqe Order 1. Phase II, Option 2, BCCA main installation, WO# UC-250 848,020.00 Upcominq Activities 2. Pebble Creek conversion construction (estimate) 65,000.00 3. By Fire Code Regulation, Install 17 Backflow Prevention Devices with a Class I Fire Sprinkler Contractor (estimate) 450,000.00 4. Reconcile GPS and GIS coordinates of installed facilities within County Easements (Engineering estimate) 85,000.00 Budget required $1,448,020.00 Should you need additional information regarding this project, please call me. Very truly yours, (Letter sent electronically) Craig J. Pajer, P.E. Project Manager Naples/Corporate Office 3200 Bailey Lane. Suite 200' Naples, Florida 34105' 239.649.4040. Fax 239.643.5716 wilsonmiller.com .800.649.4336 March 20, 2007 Mr. James W. Delany, P.E. Administrator, Public Utilities Division Collier County 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Dear Mr. Delony: I would like to express the appreciation of the FGUA staff for the time taken by you and your staff on February 15 and March 14, 2007 to discuss the potential mutual interests of the County and the FGUA in serving the water and wastewater needs of the Collier County residents served by the FGUA in the Golden Gate community. We recognize the severe financial challenges under which both utilities must operate in delivering services to its respective customers. As you are aware, the FGUA is at the cusp of spending in excess of $9.0 million in order to meet permitting needs to expand wastewater treatment and disposal within the system. This includes a significant plant expansion to the wastewater treatment plant and the drilling of a twelve (12) inch diameter deep injection well. This well is designed to handle both the effluent disposal of the wastewater treatment plant, along with the brine disposal from the existing and proposed reverse osmosis water treatment facilities. These actions, which are permit compliance driven, must be initiated in the next 60-90 days, or the FGUA will be confronted with the potential of adverse compliance action by State regulatory authorities. We believe that the FGUA and Collier County have a vested interest in delivering potable water and wastewater services to the residents of Golden Gate in the most economical manner possible. We discussed the alternative of Collier County providing the expanded wastewater capacity for treatment and disposal at the Golden Gate community. The other principal alternative addressed, was the need for LEA AN N THOMAS, CHAI R Polk Co unty BRIAN WHEELER Osceola County JIM LAVENDER Lee County THOMAS H. DICK Citrus County FGUA OPERATIONS OFFICE Government Services Group. Inc. 280 Wekiva Springs Rd.. Ste 2000 Longwood FL 32779 877/552-3482 Toll Free 407/629-6900 Tel 407/629-6963 Fax Mr. James W. Delony March 20, 2007 Page 2 Aaenda Item NO.1 OE ~ March 27, 2007 Page 11 of 19 the FGUA to continue its capital improvement plan to meet regulatory and permit requfrements. The County also suggested exploring the potential concept of providing capacity fee credits for the useful portion of the FGUA plant. We have an open opinion on these items; however, a short time window in which to address them. Within the next 60-90 days we will have to make final decisions on certain large dollar capital projects that will alter the financial and capital plant structure of the FGUA Golden Gate systems. With that timetable in mind, we are suggesting that both the FGUA and Collier County explicitly waive any potential conflict of interest and mutually engage Public Resources Management Group, Inc. (PRMG) to analyze the feasibility of the two current alternatives. The strategies to be evaluated are as follows: 1. Status Quo. Under this alternative, the FGUA would continue to operate the wastewater system as it currently does, to include proceeding with those capital investments identified to remove current capacity, regulatory and permitting constraints. 2. Obtain additional wastewater treatment and disposal capacity from Collier County. This would involve building a wastewater interconnect pipeline, and paying necessary capacity fees and bulk rate fees to the County System for obtaining wastewater treatment and disposal. The FGUA would continue to operate its own wastewater treatment and disposal facilities at their current permitted levels. We believe these two alternatives merit further examination. The mutual engagement of PRMG, with the acknowledged waiving of any conflict of interest (as PRMG currently acts both as Collier County and the FGUA rate consultants), is suggested. We believe that it would be in the interest of our constituents if the County and the FGUA agreed to equally share in the cost of the study. The study must be completed within forty-five (45) days of being approved by both parties to allow time to discuss and act on the results. A copy of the work authorization for PRMG is attached for your review. As time is of the essence, we respectfully request your agreement so that we can move forward in addressing our mutual concerns. If, however, there are any issues pertaining to the work authorization, please contact us as soon as possible. Sincerely, ~/L;;L----- Robert E. Sheets System Manager cc: Mr. Tom Wi des, Operations Director, Collier County Public Utilities Division Mr. Thomas Palmer, Collier County Assistant County Attorney Mr. James C. French, Collier County CDES Regulation/Operations Manager HI Agenda Item NO.1 OE March 27,2007 Page 12 of 19 Public Resources Management Group, Inc. Utility, Rate. Financial and Management Consultants March 15,2007 Mr. Thomas G. Wides Operations Director Public Utilities Division Collier County Government 3301 E. Tamiami Trail, Bldg. H 3rd Floor, Suite H3 Naples, FL 34112 Mr. David R. Miles, CPA, CGFO Director of Financial Services Florida Governmental Utility Authority Protegrity Plaza, 280 Wekiva Springs Rd., Suite 203 Longwood, FL 32779-6026 Subject: Proposal to Provide Utility Consulting Services Gentlemen: Public Resources Management Group, Inc. f'PRMG") is pleased to provide this agreement to provide utility consulting services (the "Agreement") to ColIier County (the "County") and the Florida Governmental Utility Authority (the "FGUA" and collectively with the County, the "Parties") with respect to the Golden Gate wastewater utility system that is currently owned and operated by the FGUA (the "Golden Gate System"). Based on discussions with both the County and Government Services Group, Inc. ("GSG"), the Contract Managers for the FGUA and the Golden Gate System, the primary responsibilities of PRMG will be to assist the Parties in the evaluation of the financial impact associated with providing bulk wastewater service to the Golden Gate System upon the interconnection of the Golden Gate System and the County wastewater utility system (the "County System"), The focus of PRMG will be to evaluate the overall cost of service and the estimated rate impacts to the customers of the Golden Gate System. Because of the time frame required to evaluate the effects of the various service options, the evaluation is assumed to be more of a "desk top" comparison analysis of the various options and will not encompass a detailed five-year financial forecast of the operations of the Golden Gate System. Based on our understanding of the needs of both the County and the FGUA, we propose the following: Contract Terms and Conditions The Contract Terms and Conditions to be relied upon by PRMG for the perfonnance of the project will be based on the Agreement #07 A071 for Financial Consulting Services between Collier County and Public Resources Management Group, Inc. dated January 23, 2007 (the "County Agreement"), SpecificaHy, the Direct Hourly Labor Rates and standard cost rates for reimbursable expenses as referenced in the County Agreement and which is restated on Attachment A will be recognized for the billing of any services that may result upon the approval of Work Authorization developed based on the provisions of this Proposal which will be provided individual1y to both the County and the FGUA. G:\LeUtl'S\Pending\ReviJcd\GaldenGaleE valultionLe11er Pr<JpoJal Mite!o,uoc J.~I NORTH [vIAITLAND r\VLhJlF - SlifTF 30(1- rvL\ITL..:\ND.1 L .~'~7.5[ TFLLYllON[; (407) (,23-2(,()(J. lAX (-to7) (,2R.'?ct/lt r:vl;\]L pl'lJ1g.r;) [1l'mgillc.('OI:l Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15,2007 Page 2 Agenda Item NO.1 OE March 27, 2007 Page 13 of 19 It should be noted that PRMG currently provides rate and consulting services to both the County and FGUA. At the request of the Parties, PRMG has been requested to assist the Parties in the development of certain financial analyses as it relates to the County's providing wastewater wholesale service in lieu of FGUA constructing additional capital facilities. In order to allow PRMG to perform the services as requested by the Parties, the Parties agree that there is no conflict of interest as it relates to PRMG providing the consulting services as outlined in this Proposal. Acceptance of this Proposal by the Parties will state the Parties acknowledgement of the waiver of any conflict of interest as it relates to the consulting services to be provided by PRMG. Project Team With respect to the performance of this project, Mr. Robert J. Ori will be the principal-in-charge and will be the primary contact between the Parties and PRMG. Other staff consultants, analysts and administrative personnel of PRMG may be utilized during the course of the Project as needed. As previously mentioned, Attachment A provides a summary of the Direct Hourly Labor Rates by employee title that will be used to bill for the consulting services rendered on behalf ofthe Parties, Scope of Services The scope of services proposed to be performed by PRMG (the "Project") is included in Attachment B that is made part of this Proposal. The scope of services relates to PRMG's assisting the Parties in the review of several wastewater service options that may be available in lieu of constructing certain capital improvements to meet the capacity needs and regulatory requirements of the customers of the Golden Gate System. Compensation and Billing Based on the Direct Labor Rates as summarized in Attachment A and the Scope of Services as shown in Attachment B, PRMG proposes to establish a not-to-exceed contract budget for the Project to assist the Parties in the amount of $19,000. A summary of the project cost estimate is shown in Attachment C which is made apart of this Proposal. This contract budget amount includes the direct cost of personnel anticipated to be assigned to conduct the various tasks of the project by PRMG as well as an allowance for other direct costs such as travel, telephone, and delivery charges and subconsulting expenses, if any. It is not anticipated that any subconsultants will be required to assist PRMG in the completion of the Project. To the extent that PRMG determines that a portion of the project will need to be performed by a subconsultant, PRMG will notify the Parties in writing for approval prior to the assignment of any project responsibilities to such subconsultant by PRMG. Because of the nature of this Project, the services to be provided by PRMG will be billed on an hourly basis to the Parties and not on a lump-sum basis, PRMG will not bill the Parties for any G:\UILe~\Pendin.c\Revised\GoJdiM'oG8Ie6vIJUllionLeLterPropo:',a.r Miln.doc Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15, 2007 Page 3 Agenda Item NO.1 OE March 27, 2007 Page 14 of 19 remaining contract budget amount to the extent the project is completed by the Parties or the services of PRMG are no longer required based on Parties' notification to PRMG. Because the services to be provided by PRMG to the Parties are a joint request for services, the Parties will be responsible for the payment of such services based on the cost aHocation shown on Attachment C. The cost of the Project will be billed to the Parties in an equal percentage amount (i.e., 50% to the County and 50% to the FGUA) since the analysis conducted for this phase of the project is assumed to benefit both Parties. Based on the above, the allocated Contract Budget, as summarized on Attachment C, would be as follows: Total Budget Allocation to Parties Collier County FGUA Total Allocated Project Cost ~ $9 50Q ~ Project Schedule Upon approval of this Proposal by both Parties, it will be recognized that this will be the required notification to PRMG to proceed being provided by the Parties. PRMG anticipates completion of the utility financial consulting analysis associated with the within sixty (60) days after notification for presentation to the respective staffs' of the Parties. This completion date will be based on the availability of information that PRMG considers necessary to perform the financial analyses for the Parties. Furthermore, specific tasks may be completed prior to the anticipated completion date as mutually agreed between PRMG and the Parties. We are sending this Proposal via email with electronic signature individually to both the County and the FGUA for your consideration. If this Proposal is acceptable to each of you, please have an authorized representative of each Party, that has the authority to bind the Party, execute two copies, return one fully executed copy to our office; the other copy is for your files. Once we receive written acceptance of the Proposal from both Parties, which we assume will be our notice to proceed for the Project since time is of the essence, we will prepare a Work Authorization in the standard format used by each Party for subsequent approval. The Work Authorization will have a copy of the approved Proposal by each Party as part of the Work Authorization approval process. It is anticipated that a Work Authorization will be prepared by PRMG in five (5) business days from receipt of Proposal executed by both Parties. The Parties will also agree that by executing the Proposal which also represents a notice to proceed, the Parties will be responsible to pay PRMG for all work completed up to the date that PRMG is requested to discontinue work on the Project. To the extent the executed Work Authorization is not provided to PRMG in fifteen (15) business days after mailing of the respective Work Authorizations, PRMG will recognize this as a notification to suspend work, and the Parties will be notified of such suspension. (j :\Leuen;\Pcnding\Re\'is~d\GoldenOaleEYalU8lionLtt'f'lF'fOopQ8al Mil~s.doc Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15,2007 Page 4 Agenda liem NO.1 OE March 27, 2007 Page 15 of 19 We appreciate the opportunity to submit this Proposal to the Parties as it relates to providing utility fmancial consulting services with respect to the evaluation of the Golden Gate System. We look forward to working with both the County and FGUA in the near future on this Project. Very truly yours, ACCEPTED BY: Public Resources Management Group, Inc. Florida Governmental Utility Authority ?~J:f. cO~~ ~~ Name Robert J. Ori President Attachments 5(/ r~p- ~"j-"'- Title 3/;7~7 . , Date G:\Let1en.\Pcndin&\Revised\GDldenG.atcEvaluftlionultcrProposal MI1a:.doc Agenda Item No. 10E March 27, 2007 Page 16 of 19 19 Public Resources Management Group, Inc. Utility, Rate. Financial and Management Consultants March 15,2007 Mr. Thomas G. Wides Operations Director Public Utilities Division Collier County Government 3301 E. Tamiami Trail, Bldg. H 3rd Floor, Suite H3 Naples, FL 34112 Mr. David R. Miles, CPA, CGFO Director of Financial Services Florida Governmental Utility Authority Protegrity Plaza, 280 Wekiva Springs Rd., Suite 203 Longwood,FL 32779-6026 Subject: Proposal to Provide Utility Consulting Services Gentlemen: Public Resources Management Group, Inc. ("PRMG") is pleased to provide this agreement to provide utility consulting services (the "Agreement") to Collier County (the "County") and the Florida Governmental Utility Authority (the "FGUA" and collectively with the County, the "Parties") with respect to the Golden Gate wastewater utility system that is currently owned and operated by the FGUA (the "Golden Gate System"). Based on discussions with both the County and Government Services Group, Inc. ("GSG"), the Contract Managers for the FGUA and the Golden Gate System, the primary responsibilities of PRMG will be to assist the Parties in the evaluation of the financial impact associated with providing bulk wastewater service to the Golden Gate System upon the interconnection of the Golden Gate System and the County wastewater utility system (the "County System"). The focus of PRMG will be to evaluate the overall cost of service and the estimated rate impacts to the customers of the Golden Gate System. Because of the time frame required to evaluate the effects of the various service options, the evaluation is assumed to be more of a "desk top" comparison analysis of the various options and will not encompass a detailed five-year financial forecast of the operations of the Golden Gate System. Based on our understanding of the needs of both the County and the FGUA, we propose the following: Contract Terms and Conditions The Contract Tenus and Conditions to be relied upon by PRMG for the performance of the project will be based on the Agreement #07-4071 for Financial Consulting Services between Collier County and Public Resources Management Group, Inc. dated January 23, 2007 (the "County Agreement"). Specifically, the Direct Hourly Labor Rates and standard cost rates for reimbursable expenses as referenced in the County Agreement and which is restated on Attachment A wiIl be recognized for the billing of any services that may result upon the approval of Work Authorization developed based on the provisions of this Proposal which will be provided individually to both the County and the FGUA. G:\Letters\Pc:nding\Revised\GoldenGaltEvaluationLetterProposal Miles.doc 3.~ I \~mnl \nJll\\D ,\ vr.t\lF - Sl ITE: :WO - :\'1.\ITI...\1';D, FL 3'75 I TELEI'fl O~";L (4U7) ()."2:~ .2d;(I - FAX (.10 7) ()2~-2(; 1 I) L.\1.\ II plm:.!,,; pr.n !gllle.com Agenda Item NO.1 OE March 27, 2007 Page 17 of 19 Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15, 2007 Page 2 It should be noted that PRMG currently provides rate and consulting services to both the County and FGUA. At the request of the Parties, PRMG has been requested to assist the Parties in the development of certain financial analyses as it relates to the County's providing wastewater wholesale service in lieu of FGUA constructing additional capital facilities. In order to allow PRMG to perform the services as requested by the Parties, the Parties agree that there is no conflict of interest as it relates to PRMG providing the consulting services as outlined in this Proposal. Acceptance of this Proposal by the Parties will state the Parties acknowledgement of the waiver of any conflict of interest as it relates to the consulting services to be provided by PRMG. Project Team With respect to the performance of this project, Mr. Robert J. Ori will be the principal-in-charge and will be the primary contact between the Parties and PRMG. Other staff consultants, analysts and administrative personnel of PRMG may be utilized during the course of the Project as needed. As previously mentioned, Attachment A provides a summary of the Direct Hourly Labor Rates by employee title that will be used to bill for the consulting services rendered on behalf of the Parties. Scope of Services The scope of services proposed to be performed by PRMG (the "Project") is included in Attachment B that is made part of this Proposal. The scope of services relates to PRMG's assisting the Parties in the review of several wastewater service options that may be available in lieu of constructing certain capital improvements to meet the capacity needs and regulatory requirements of the customers of the Golden Gate System. Compensation and Billing Based on the Direct Labor Rates as summarized in Attachment A and the Scope of Services as shown in Attachment B, PRMG proposes to establish a not-to-exceed contract budget for the Project to assist the Parties in the amount of $19,000. A summary of the project cost estimate is shown in Attachment C which is made apart of this Proposal. This contract budget amount includes the direct cost of personnel anticipated to be assigned to conduct the various tasks of the project by PRMG as well as an allowance for other direct costs such as travel, telephone, and delivery charges and subconsulting expenses, if any. It is not anticipated that any subconsultants will be required to assist PRMG in the completion of the Project. To the extent that PRMG determines that a portion of the project will need to be performed by a subconsultant, PRMG will notify the Parties in writing for approval prior to the assignment of any project responsibilities to such subconsultant by PRMG. Because of the nature of this Project, the services to be provided by PRMG will be billed on an hourly basis to the Parties and not on a lump-sum basis. PRMG will not bill the Parties for any G:\Letters\Pending:\Revised\Gol clenGate E valuationLc-tterProposal Mi les.doc Agenda Item NO.1 OE . March 27, 2007 Page 18 of 19 Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March IS, 2007 Page 3 remaining contract budget amount to the extent the project is completed by the Parties or the services of PRMG are no longer required based on Parties' notification to PRMG. Because the services to be provided by PRMG to the Parties are a joint request for services, the Parties will be responsible for the payment of such services based on the cost allocation shown on Attachment C. The cost of the Project will be billed to the Parties in an equal percentage amount (i.e., 50% to the County and 50% to the FGUA) since the analysis conducted for this phase of the project is assumed to benefit both Parties. Based on the above, the allocated Contract Budget, as summarized on Attachment C, would be as follows: Total Budget Allocation to Parties Collier County FGUA Total Allocated Project Cost ~ ~ ~ Project Schedule Upon approval of this Proposal by both Parties, it will be recognized that this will be the required notification to PRMG to proceed being provided by the Parties. PRMG anticipates completion of the utility financial consulting analysis associated with the within sixty (60) days after notification for presentation to the respective staffs' of the Parties. This completion date will be based on the availability of information that PRMG considers necessary to perform the financial analyses for the Parties. Furthermore, specific tasks may be completed prior to the anticipated completion date as mutually agreed between PRMG and the Parties. We are sending this Proposal via email with electronic signature individually to both the County and the FGUA for your consideration. If this Proposal is acceptable to each of you, please have an authorized representative of each Party, that has the authority to bind the Party, execute two copies, return one fully executed copy to our office; the other copy is for your files. Once we receive written acceptance of the Proposal from both Parties, which we assume will be our notice to proceed for the Project since time is of the essence, we will prepare a Work Authorization in the standard format used by each Party for subsequent approval. The Work Authorization will have a copy of the approved Proposal by each Party as part of the Work Authorization approval process. It is anticipated that a Work Authorization will be prepared by PRMG in five (5) business days from receipt of Proposal executed by both Parties. The Parties will also agree that by executing the Proposal which also represents a notice to proceed, the Parties will be responsible to pay PRMG for all work completed up to the date that PRMG is requested to discontinue work on the Project. To the extent the executed Work Authorization is not provided to PRMG in fifteen (15) business days after mailing of the respective Work Authorizations, PRMG will recognize this as a notification to suspend work, and the Parties will be notified of such suspension. G :\Leuers\Pendinl:\Relo'ised\GoldenGale EvalualionLetterProposal Mil~.dOC' Aaenda Item NO.1 OE ~ March 27. 2007 Page19of19 Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15, 2007 Page 4 We appreciate the opportunity to submit this Proposal to the Parties as it relates to providing utility financial consulting services with respect to the evaluation of the Golden Gate System. We look forward to working with both the County and FGUA in the near future on this Project. Very truly yours, ACCEPTED BY: Public Resources Management Group, Inc. Florida Governmental Utility Authority :?~~ f. <D~. A-~ Name Robert J. Ori President Attachments 5(/ rr:t^- J/L~-L- Title 3f7~7 Date G :\Letters\Pending\Re....ised\GoldenGateEvaluationLetterProposal Miles_doc Agenda Item NO.1 OF March 27, 2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the filing of an action for declaratory relief against the Clerk of Courts for a judicial determination as to whether the Clerk of Courts is a fee officer or a budget officer. OBJECTIVE: The County Manager wishes to file an action for declaratory relief against the Clerk of Courts for a judicial determination as to whether the Clerk of Courts is a fee officer or a budget officer. The Court will detennine if the Clerk must seek authority for amendments to his budget from the County Commission before expending taxpayer funds in excess of what the County Commission approved. CONSIDERATIONS: The County has conducted a review of the financial records provided by the Clerk of the Courts for fiscal year 2005-06 and related budget information from the County. This review determined the Board approved an appropriation budget, [personal services, operating expenses, and capital outlay], for the Clerk of $7,567,000.00. The financial records of the Clerk, as of September 30, 2006, reflect appropriations of $11,835,000; an increase of $4,268,000.00, more than was authorized by the Board. As of September 30, 2006, the Clerk recorded expenditures of $10,697,308.95; which is $3,130,308.95, more than was authorized by the Board. No request for approval of an amendment was made to the Board as required by Florida Statutes, Chapter 129. The County's attorneys have opined the Clerk is a budget officer as to his non-court related functions, [a copy of this opinion is attached hereto as Exhibit "A"]. As a budget officer, the County Commission appropriates and guarantees the salary for the Clerk; therefore, the Clerk must remit all fees and income to the County Commission as reqUired by Florida Statutes, 9145.022 (1). Florida law requires the Clerk to remit to the County all fees and income within seven (7) days pursuant to section Florida Statutes 9116.01, which the Clerk has failed to do. The Clerk disagrees with this opinion. .- The Clerk has used excess fees and income of his office without authorization from the Board of County Commissioners. The Clerk has spent millions of dollars in a discretionary manner without approval of the Board. As a budget officer, not only must the Clerk seek approval from the Board for budget amendments; but he must also remit to the " Agenda Item NO.1 OF March 27, 2007 Page 2 of 9 County all fees collected within 7 days of collection. Presently, the Clerk keeps all such fees collected in his own accounts. FISCAL IMPACT: Since few, if any, of the facts are in dispute; costs of litigation should not be excessive. It is expected that most of the work will be conducted by the County Attorney's Office. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: The Collier County Board of County Commissioners approve the filing of an action for declaratory relief against the Clerk of Courts for a judicial detennination as to whether the Clerk of Courts is a budget officer. Given the significance of the disagreement, it is necessary to clarify the issue. Prepared by: James V. Mudd, County Manager 2 ,i! ._~__ Item Number: Item Summary: Meeling Oate: Agenda Item NO.1 OF Marer1 27. 2007 Page :1 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F Recommendation to approve the filing of an action for declaratory reltef against the Clerk of Courts for a JLldlcial determination as to whether the Clerk of Courts IS a fee officer or a budget officer 3/27/20079:0000 AM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3121/2007 9: 17 AM -: Aoenda Item NO.1 OF - rv'1arch 27. 2007 Page 4 of 9 TALLAHASSEE Suite 200 1500 Mahan Drive Tanahassee. Rorida 32308 (850) 2244070 Tel (850) 224-4073 Fax Nabors Giblin & Nickersonp.A. TAM PA The Pointe, Suite 1060 2502 Rocky Point Drive Tampa, Rorida 33607 (813) 281.-2222 Tel (81.3) 281-0129 Fax ATTORNEYS AT LAW Reply to Tallahassee r-v November 21, 2006 '=::> ~~'" .,--... ~\. '"/ ~.~ .,~E.~ :C:: __, -~\ ~==~ ,7~' 'SJrT Via Electronic and U.s. Mail --;!""'" -- .'::'! r-.j -.J ~ Jacqueline Hubbard Assistant County Attorney Collier County 3301 East Tamiami Trail Naples, Florida 34112 ..... N --.J Re: Budget Amendment Process .... Dear Ms. Hubbard: You have requested an opinion from our firm concerning the County budget and the circumstances under which an amendment to the adopted budget of the Clerk of the Court is required. In particular, you have requested an opinion as to whether the Clerk of the Court may utilize surplus fees collected from the recording of documents for expenditures which are in excess of the authorized amounts contained within the approved budget wi thout obtaining an amendment of the Clerk I s budget. Based upon our review of the relevant law, it is our opinion that a budget amendment is required. The County's budgeting process is set forth in Chapter 129, Florida Statutes. In addition to the procedures for approving a budget for county departments and functions, Chapter 129 provides for the approval of budgets for certain constitutionally established officers under Article VIII, section l(d) of the Florida Constitution (the "County Exhibit "B" Agenda Item NO.1 OF March 27, 2007 Page 5 of 9 Jacqueline Hubbard November 21, 2006 Page 2 Officers") . These County Officers consist of the supervisor of elections, sheriff and clerk of the court.1 Under Florida law, the clerk of the court performs dual functions. The clerk serves both. as clerk to the board of county commissioners and as clerk to the court system. Those functions performed as clerk for the board are. funded by the county, while those functions related to the court system are funded by the State of Florida. The issues raised in this opinion address only the clerk's functions on behalf of the board of county commissioners. Additionally, clerks of the court are divided into fee officers and budget officers. A clerk that is classified as a budget officer must have his budget approved by the county commission which is incorporated as part of the county's budget. See Section 129.03, Florida Statutes. In addition, as a budget officer, the county commission appropriates and guarantees the . ~ salary for a clerk and, therefore, the clerk must turn over all fees collected to the County'Commission at the end of the fiscal year. See Section 145.022(1), Florida Statutes.. By contrast, a fee officer is required to create his own budget and, though it is submitted to the county commission, no approval is required. 92 Op. Att'y Gen. 92 (1992). Nor is his budget considered part of the county commission's budget. The differences between budget officers have been described as follows: We feel that the proper interpretation of the various statutes is that where the circuit court clerk. . agree to turn over all fees collected by their office to the county commissioners they become county 1 Under the provisions of section .195.,087, Florida Statutes, the budgets of the tax collector and property appraiser are submitted to the Department of Revenue for review. Tax collectors also submit a copy of their budget to the county but no county approval is required. However, a tax collector, whose fees are guaranteed by a county pursuant to section 145.022, Florida Statutes, does submit his' budget request to the county for approval. .Agenda Item NO.1 OF March 27. 2007 Page 6 of 9 Jacqueline Hubbard November 21, 2006 Page 3 budget officers by resolution of the board pursuant to Section 145.022 (1) , Florida Statutes (1975) . Absent this agreemElnt and resolution, the clerk of the circui t. court remains a county fee officer, responsible for establishing his own annual budget. Section 218.35(1), Florida Statutes (1975) . He is required by law merely to file his proposed budget with the clerk of the county governing authority by September 1 preceding the fiscal year of the budget and to make an annual report of his finances upon the close of each ~iscal year. . for inclu?ion in the annual financial report of the county. Section 218.35(3), (4), Florida Statutes (1975) . 92 Op. Att'y Gen. 92; Alachua County v. Powers, 351 So. 2d 32, 41-42 (Fla. 1977). In tollier County, the Clerk of the Court is a budget officer and, therefore, his budget must be approved by the County Commission and it is an integral 'part of the County's budget. Further, unexpended fees must be returned to the County at the end of the fiscal year. Under the provisions of section 129.03(2), Florida Statutes, by June 1st, the Clerk of the Court is. required to submi t a tentative budget for its office in the ensuing year. Ultimately, the Board of County Commissioners holds public hearings to adopt tentative and final budgets for all County departments and for these County Officers. Section 129.03(3) (c), Florida Statutes. The primary purpose of the public hearing process for the approval of the budget is to allow input from the public and provide accountability for the expendi ture of public funds. In Collier County, the budget. of the Clerk of. the Court, as approved by the' County Commission, provides detailed expenditures within broad categories such as personnel services, operating expenses and capital expenses. Further, the expenditures which are budgeted are funded by a combination of revenues, including earned fees, interest and transfers from the general fund of the County. Finally, the Clerk's budget contemplates that, as a budget officer, surplus ->1____ -..:: Agenda Item No.1 OF March 27, 2007 Page 7 of 9 Jacqueline Hubbard November 21, 2006 Page 4 fees are to be paid over .to the County at the end of the fiscal year. Once adopted, the budget regulates the expenditures of the County and the Clerk of the Courts and the itemized estimate of expenditures shall have the effect of fixed appropriations and shall not be amended, altered or exceeded except as provided in Chapter 129. See Section 129.06 (I) , Florida Statutes. Normally, to allow some flexibility, budgets allow the movement of revenues 'within the broad categories of expenditures. For example, revenues which are allocated for a specific expenditure under the category of "operating expense" may be utilized for other "operating expense" purposes . However, the. total amount budgeted and appropriated for the broad category of "operating expense" remains fixed. That is, the total amount appropriated for those purposes may not be exceeded. Efforts to alter the fixed appropriation requires a budget amendment. Amendments to the.... adopted budget are governed by Section 129.06 (2), Florida Statutes! which provides the circumstances under which amendments are required, as follows: I} expenditures in a fund may be decreased and other appropriations in the same fund correspondingly increased; 2) appropriations from the reserve for. contingencies may be made to increase the appropriation for any expense in the same fund or to create an appropriation in the fund; 3) the reserve for future construction and improvements may be appropriated for the purposes for which the reserve was created; 4)a receipt from an unanticipated source, received for a particular purpose (such as a gift) may be appropriated for that. purpose, provided the receipt and appropriations are to be added to the budget of the proper fund; 5) increased receipts for enterprise or proprietary funds received for a particular purpose may be appropriated for that purpose; and, 6) amendments required for purposes not specifically identified in 1-5. Section. 129.06(2) (a)-(e), Florida Statutes. The substance of these provisions contemplate that a budget amendment is required whenever it is necessary to increase or decrease appropriations, or to expend money that was not initially included in the budget. . Aoenda Item NO.1 OF ~ March 27. 2007 Page 8 of 9 Jacqueline Hubbard November 21, 2006 Page 5 Based upon the information provided, you have indicated that the Clerk of the Court is collecting fees in excess of the amount budgeted in the Clerk's budget. However, rather than paying these surplUs fees to the' County, the Clerk is utilizing them for expenses either not contained within the budget or in excess of the amount appropriated. As indicated previously, it is our opinion that the Clerk may not expend this money without seeking a budgetary amendment. Collier County's budget for the Clerk's office contains very specific appropriations for expenditures. These are the fixed appropriations referred to in Section 129.06 (1), Florida Statutes. The purpose of detailed, fixed appropriations, would be defeated if the Clerk could spend. unanticipated revenue without seeking approval or, more importantly, without oversight. See 76 Op. Att'y Gen. 100 (1976) ("a circuit court clerk may expend properly budgeted funds of his office for legal assistance. reasonably necessary for the operation thereof") (emphasis add~d) . Given that Section 129.06 (2) does -not permit the expenditure of an unanticipated gift without a budget amendment and appropriation, there is no reason to believe that the Clerk can expend unanticipated fees, which belong to the County under Section 145.022{1), without any County oversight and approval. Further, section 129.06(4), Florida Statutes, provides that "[a]ll unexpended balances of appropriations at the end of the fiscal year shall revert to the fund from which the appropriation was made. " Thus, if the Clerk does not expend an entire appropriation, he must turn over the remaining funds to the County. The Clerk is not free to utilize appropriated funds on whatever he wants, even if he ultimately does not need those funds to fulfill the purpose of the appropriation. Similarly, section 145.022(1), Florida Statutes, makes it clear that unanticipated revenues -from fees do not belong to the Clerk, but ultimately the public which are mandated to be paid over to the County. The fact that more funds were received than budgeted for does not authorize the expenditure of such funds without a budget amendment and a lawful appropriation. ..Y'l'." ,..... .)""f.~. . ~ Agenda Item NO.1 OF March 27, 2007 Page 9 of 9 Jacqueline Hubbard November 21, 2006 Page 6 .rt(' , . ~~; .~.. One final point is worth noting. The right of the public to know where public funds are spent is paramount in a democratic society. To accept the Clerk's argument, he is allowed to spend surplus fees without authorization or oversight. The unfettered ability to spend money with no oversight is contrary to concepts of responsible government. We can find no statutory provision or analogy that would allow spending of public funds without oversight and accountability. In summary, it is our opinion that under Florida law and principles of public accountability, the Clerk of the Court may not exceed its budgetary appropriation or to expend it on unauthorized purposes without obtaining a budget amendment from the Board of County sioners. Should you have any additional questions, ple se f el free to contact me. ~ GTS:pad cc: David C. Weigel, Esquire ,.,........ fl....--. Agenda Item NO.1 OG March 27,2007 Page 1 of 42 EXECUTIVE SUMMARY Recommendation to approve an amendment to the October 14, 2003 companion agreement to the Sabal Bay Developer Agreement providing for reimbursement of construction and land costs for a portion of the Lely Area Stormwater Improvement Project (Project No. 511011) OBJECTIVE: Obtain Board of County Commissioner approval of an amendment to the October 14, 2003 companion agreement to the Sabal Bay Developer Agreement regarding the Lely Area Stormwater Improvement Project providing for reimbursement of construction and land costs. CONSIDERATIONS: On October 14, 2003 the Collier County Board of County Commissioners approved a companion agreement (Item lOB) to the October 22, 2002 Board approved Sabal Bay Developer Contribution Agreement for road impact fee credits. The companion agreement was necessary to supplement the original agreement by providing for proportionate fair share of costs associated with construction of a portion of the Lely Main Canal as part of the Le1y Area Stormwater Improvement Project (LASIP). Since execution of the companion agreement, County and Collier Development Corporation (CDe) staff has been diligently pursing the appropriate permits and aligning resources to begin construction on this portion of the Lely Main canal. This segment of canal covers approximately 75 acres of land south of Tamiami Trail (US 41) south and east of Thomasson Drive. Collier Development Corporation owns the land and is permitting a residential community called Sabal Bay on the 2,331 acres sun-ounding the Lely Canal. A total of approximately 992 acres will be developed. The section of canal located on this property is one of three key, downstream conveyance components of the County's regional stormwater improvement project known as LASIP. This section of canal is existing. As part of LASIP it is planned to be significantly widened and deepened. Since this location is downstream of other planned LASIP improvements it is prudent to move forward with the project today. The subject amendment to the agreement acknowledges: 1. CDC's current canal improvement schedule by waving the advanced year March 31 notification date. This requirement was originally agreed to as a way to anticipate project costs for budgeting purposes. Funds are currently available in the Storm water budget for reimbursement as project costs were anticipated in advance without fornlal written notification; 2. That the final Sabal Bay development plans have preserved a natural existing flow way eliminating the need to construct a "Fern Street Relief System;" 3. That the real estate appraisal prepared by Integra Reality Resources submitted to County staff by CDC on 1/19/07 was completed in conformance with the conditions spelled out Agenda Item NO.1 OG March 27, 2007 Page 2 of 42 in the companion agreement and is the basis for the project's real property reimbursement amount; 4. the proportionate share calculation rendered by RW A Consulting, Inc. submitted to County staff by CDC on 1/19/07 was completed in conformance with the conditions spelled out in the companion agreement and is the basis for the County's reimbursement share of the actual costs of the design and construction of the subject section of the Lely Main Canal; . 5. The County agrees with the current working project budget for design, permitting, and construction of the subject section of the Lely Main Canal submitted to County staff by CDC on 1/19/07. The County Attorney's Office has reviewed and approved the proposed amendment for legal sufficiency. Construction of the subject segment of the Lely Main Canal is anticipated to begin this month. Upon its completion CDC will dedicate and convey all subject parcels of land necessary to enlarge the Lely Main Canal per LASIP in fee simple to the County. The total value of the property as determined by the accepted real estate appraisal prepared by Integra Reality Resources Inc. is $1,197,450. Per the companion agreement, the County will reimburse CDC for the land within three (3) years. The current accepted working project budget for the County's proportionate share of the canal's design and construction is $4,981.538. Per the companion agreement, the County will reimburse CDC for design and construction within sixty (60) days of final completion and acceptance of the project. The actual amount will be based on actual costs not to exceed twenty percent (20%) of the working proj ect budget an10unt. FISCAL IMPACT: Per the agreement reimbursement for the land costs, $1,197,450 can occur within three (3) years of conveyance. Reimbursement for the construction and design costs will be within sixty (60) days of final completion and acceptance of the project which will occur in fiscal year 2008. The funding for this project will come from the Stom1water Capital budget Funds (301 & 325). GROWTH MANAGEMENT IMPACT: The Lely Area Stormwater Improvement Project is listed as CIE Project No. 291 and is in accordance with the intents of the Drainage Sub-element of the Public Facilities Element of the Growth Management Plan. RECOMMENDATION: Approve the Amendment to the October 14, 2003 Companion Agreement to the Sabal Bay Developer Agreement regarding the Lely Area Storrnwater Improvement Project providing for reimbursement of construction and land costs and authorize the Chairman to sign for the Board. Prepared By: Jerry Kurtz, P.E., Stormwater Management Department Attachments: (1) Amendment to the Companion Agreement with Exhibits; (2) Companion Agreement Item Number: Item Summary: Meeting Oate: Agenda liem No.1 OG March 27. 2007 Page 3 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G Recommendation to approve an amendment to tl1e October 14 2003 companion agreement to the Sabal Bay Developer Agreement providing for reimbursement of constructIon and land costs for a portion of the Lely Area Stormwater Improvement Project (Project No 511011) (Norman Feder, Administrator, Transportation Services) 3/27120079.00.00 AM Senior Engineer Date Preps red By Gerald Kurtz Transportation Services Stormwater Management 3/12120074:36:52 PM Senior Engineer Date Approved By Gerald Kurtz Transportation Services Stormwater Management 3/12/20074:37 PM Date A pp roved By Eugene Calvert Transportations Services Principal Project Manager Transportation Engineering and Construction Management 3/13/2007 11:46 AM Transportation Division Administrator Date Approved By Norm E, Feder, AICP Transportation Services Transportation Services Admin 3/13/20074;22 PM Scott R. Teach Assistant County Attorney Date Approved By County Attorney County Attorney Office 3/14/2007 11 :51 AM Approved By Snaron Newman Transportation Services Accounting Supervisor Date TrDnsport,~tion ServIces Admm 3/14/20076:00 PM Executive Secretary Date Approved By Pat Lehnhard 1r..nsportation Services 1 ranspor-::ation ServH::cs Admin 3/15/2007 '10:41 AM Adrrllnistrativc Asststant Date Approved By OMS Coordinator County Manager's Office Office of M<:inagement & Budget 3/16120077:49 AM Sentor ManapernentfSu{jget Analyst Date Approved Bj' Susan Usiler County Manager's Office Offlce of Management &. BLJe!9ct 3/16/20073:41 PM Mlchae! Smykowski Date Approved By County Ml1n:"ger's Off-ice Management & Budget DIrector Office of r\',anagement &. Bud9(,~t 3:20l2007 5:20 PM Approved By james V. Mudd Board of County Commissioners County r.'ianager DZlte County M~nager's Offtce 3/2:1/2007 1 :24 PM Agenda Item NO.1 OG March 27, 2007 Page 4 of 42 AMENDMENT TO THE OCTOBER 14,2003 COMPANION AGREEMENT REGARDING THE LEL Y AREA SURFACE WATER DRAINAGE IMPROVEMENTS THIS AMENDMENT TO COMPANION AGREEMENT (the "Amendment") is made and entered into this 27th day of March, 2007, by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer"), and CDC Land Investments, Inc., a Florida corporation formerly known as Collier Development Corporation, a Florida corporation ("hereinafter referred to as "CDC"), which, along with their respective successors and assigns, may be jointly referred to as "CDC/Developer," and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred to as "County"). R E C I TAL S: WHEREAS, the parties entered into a Companion Agreement to the October 22, 2002 Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements on October 14, 2003 (the "Companion Agreement"), wherein CDC/Developer agreed to provide in part certain surface water management improvements in accordance with the tenns and conditions of PUD Ordinance 86-77, which was approved by Collier County on November 10, 1986: and WHEREAS, CDC/Developer is undertaking its obligations in a timely fashion under the Companion Agreement and is poised to proceed with its further obligations thereunder; and WHEREAS, both parties desire to fully clarify and resolve various issues concerning their respective rights, expectations and duties under the Companion Agreement; and Page 1 of5 Agenda Item NO.1 OG March 27, 2007 Page 5 of 42 WHEREAS, numbered paragraph 13 of the Companion Agreement allows for the amendment or modification of that agreement upon the mutual written consent of the parties or their successors interest; and WHEREAS, upon recommendation by the Transportation Administrator and after reasoned consideration by the Board of Commissioners, the Board finds that this Amendment enhances the County's stormwater management system and is in the public interest. WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained above and herein, and the fact that all of the above recitals are true and correct and shall be fully incorporated herein and form part of the basis for this Amendment, the parties agree as follows (additions in bold, deletions in strikethrou;h): 1. Page two (2), paragraph four (4) of the Companion Agreement is amended as follows: WHEREAS, the County and CDC/Developer acknowledge and agree that the valuation of the eligible anticipated construction to the County's Lely Project stormwater drainage improvements will be based upon professional opinions of the total project's estimated probable costs certified by a professional engineer, which valuation CDC/Developer shall provide to County prior to the commencement of construction as set forth in Paragraph 4 below. valuation fur the County's bud;etary purposes must be provided to the County no later than March 31;;j.-e.f the calendar year prior to the yern- that CDC!Developer breaks ground under Prn-agraph 1 belo\',' and CDC/Developer shall update the probable costs estimate and provide it to the County prior to commencement of construction; and 2. Page nine (9), paragraph (7)(B) of the Companion Agreement is amended as follows: Page 2 of5 Agenda Item NO.1 OG f\1arch 27, 2007 Page 6 of 42 B. CDC/Developer will dedicate land needed for the drainage improvements, and shall construct, the Avalon School outfall canal and Fern Street Relief System as geographically, and approximately depicted in Exhibit D, attached hereto and incorporated herein, upon the commencement of construction of the Sabal Bay Development. As to the Fern Street Relief System, CDC Developer agrees to maintain the current positive outfall already in existence which adequately conveys storm water flow from Fern Street. 3. Page eight (8), paragraph five (5) of the Companion Agreement is amended to add paragraph 5(K), as follows: K. Upon performance of the Companion Agreement and as otherwise provided herein, County agrees to reimburse CDC/Developer for the conveyances of land in fee simple in accordance with the summary report of the real property appraisal from Integra Reality Resources dated February 5, 2004, attached hereto as Exhibit "E." As to the County's share of the actual costs of the design, permitting, and construction, the County agrees to the proportionate share calculations rendered by RW A Consulting, Inc. provided to the County on January 19, 2007, attached hereto as Exhibit "F". The County further agrees with the current proposed project budget submitted by CDC dated January 19, 2007, attached hereto as Exhibit "G." 4. Except as set forth in this Amendment, the Companion Agreement shall remain in full force and effect. This Amendment shall only be amended or cancelled by mutual written consent of the pariies hereto or by their successors in interest. IN WITNESS WHEREOF, the pariies hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Page 3 of 5 Agenda Item NO.1 OG March 27, 2007 Page 7 of 42 Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, , Deputy Clerk By: James Coletta, Chairman By: WITNESSES: COLLIER LAND DEVELOPMENT, INe. By: Print Name: Name: Title: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this_day of March, 2007, by , as of Collier Land Development, Inc. He is [ personally known to me, or [ ] has produced driver's license no. as identification. (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Page 4 of5 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER CDC LAND INVESTMENTS, INe. By: ,ll,genda Item No. 10G March 27, 2007 Page 8 of 42 Name: Title: The foregoing instrument was acknowledged before me this_day of March, 2007, by , as of CDC Land Investments, Inc. He is [ ] personally known to me, or [ ] has produced driver's license no. as identification. (SEAL ) Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Page 5 of 5 G<~~.'I?t.(.'iir'" '. ~'.,~ ,":1\ . ~ COLLIER COUNTY Agenda Item NO.1 OG March 27, 2007 Page 9 of 42 DA VID C. WEIGEL COLLIER COUNTY, A ITORNEY ;""" . . , 3301 East Tamiami Trail Naples, FL 34112-4902 Telephone: (239) 774-8400 Facsimile: (239) 774-0225 NOV 1 8 2003 Heidi F. Ashton Jennifer A. Belpedio Ellen T. Chadwell Jeffrey A. Klatzkow William E. Mountford Thomas C. Palmer Michael W. Pettit Jacqueline Hubbard Robinson MlIIjorie M. Student Scott R. Teach Patrick G. White Robert N. Zachary SHJRMWATER " .': ,: October 27, 2003 C. Laurence Keesey, Esquire Young, Van Assenderp, Varnadoe & Anderson, P. A. Post Office Box 7907 Naples, FL 34101-7907 Pat Utter Collier Enterprises, Ltd. 3003 Tamiami Trail North, Suite 400 Naples, FL 34103 RE: Companion Agreement to the October 22, 2002 Developer Contribution Agreement Regarding the Lely Area Surface Water Drainage Improvements Dear Sirs: Ene. Enclosed please find a recorded copy of the above-referenced agreement for your records. YOLds, _'__ /.1 ._____----- / l~ -,I" i ~ ' ~ 1- \ ~:s\1:.. X;:~~":~omey J l' 'II ~, cc: David C. Weigel, County Attorney /\genda Item NO.1 OG March 27, 2007 Page 10 of 42 bee: Sharon Newman, Transportation Accounting Supervisor /_. Retn: 3279855 OR: 3424 PG: o331endr~~~~~;~'21~~.5.50 CURl '1'0 THE BOARD RECORDED in the OHICIAL RiCORDS of COLLIBR COUl/TV. PL ~~S11 of 4232. 00 INTBROP1ICB 4TH fLOOR 10/17/2003 at 08:04AM DWIGHT B. BROCK, CLBRK . BIT 7240 COMPANION AGREEMENT TO THE OCTOBER 22, 2002 DEVELOPER CONTRffiUTION AGREEMENT REGARDING THE LEL Y AREA SURFACE WATER DRAINAGE IMPROVEMENTS TillS COMPANION AGREEMENT is made and entered into this --lLt+h day of ---S8~~ 2003, by and between Collier Land Development, Inc., a Florida corporation (hereinafter referred to as "Developer"), and Collier Development Corporation, a Florida corporation ("hereinafter referred to as "CDC"), which, along with their respective successors and assigns, may be jointly referred to as "CDClDeveloper," and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County (hereinafter referred to as "County"). RECITALS: WHEREAS, CDCfDeveloper owns approximately 2,416 acres of real property located in unincorporated Collier County, Florida which is the site of the CDC Planned Unit Development ("CDC PUD") , which was approved by Collier County on November 10, 1986, in PUD Ordinance 86~ 77; and WHEREAS, PUD Ordinance 86-77 granted to CDCfDeveloper certain development rights and required CDClDeveloper to undertake certain obligations in return for the developmental approvals; which obligations included the dedication of land to the County and the construction by CDCfDeveloper of certain roadway and surface water management improvements; and WHEREAS, CDCIDeveloper entered into a Standard Fonn Developer Contribution Agreement For Road Impact Fee Credits with Collier County on October 22, 2002 (hereinafter referred to as "Contribution Agreement"); and crl(t.., ~ OR: j~~lf~1U~ iB')l3~ Page 12 of 42 WHEREAS, the Contribution Agreement required that within 270 days from October 22, 2002, CDClDeveloper and Collier County would enter into a "companion agreement" to insure equitable payment or credit to CDClDeveloper for drainage improvements constructed or donated by CDC/Developer and to insure that CDC/Developer pays for its fair share of the costs of the stonnwater facilities, and drainage improvements known as Lely Area Stormwater Improvement Project (hereinafter the "LASIP Project"), as set forth to in the Memorandum of Understanding attached as Exhibit "B-6" to the Contribution Agreement; and WHEREAS, County and CDClDeveloper, in furtherance of the public health, safety, and welfare, desire to commence the planning and construction of the LASIP Project prior to the County's final consideration of the CDC PUD amendment application and further desire to define CDC/Developer's obligations with regard to contributions of land for, and construction of, certain portions of the LASIP Project and to specify the amount and timing of reimbursements or credits CDClDeveloper shall be entitled to as a result of its land donations for, and construction of its portion of the LASIP Project; and WHEREAS, the LASIP Project does not anticipate or take into consideration or accommodate receiving additional discharge from developmental activity within the CDC POO beyond pre-development historical flows; and WHEREAS, the County and CDClDeveloper acknowledge and agree that the valuation of the eligible anticipated construction to the County's Lely Project stonn water drainage improvements will be based upon professional opinions of the total project's estimated probable costs certified by a professional engineer, which valuation for the County's budgetary purposes must be provided to the County no later than March 3151 of the calendar year prior to the year that CDCfDeveloper breaks ground under Paragraph 4 below and CDClDeveloper shall update 2 CdCl. ~ I OR: A3lt4~~~r7~~~~ Page 13 or~t 1""'"- the probable cost estimate and provide it to the County prior to commencement of construction; and WHEREAS, the Collier County engineer has recommended to the Board of County Commissioners that the proposed plan for CDClDeveloper's dedication of land and contributions for the LASIP Project shall be in conformity with the County Stonnwater Management Element in its Growth Management Plan and are in furtherance of the public's health, safety and welfare; and WHEREAS, CDClDeveloper acknowledges and agrees that it has full capacity, power and authority to cause the construction or installation of the subject portions of the LASIP Project, or shall post a bond therefore, and thereafter execute any and all documentation necessary to convey the contributions or land donations to the County in conformance with the County's standards, procedures, ordinances, and regulations; and WHEREAS, this Agreement shall not limit or affect the County's authority to make any determination the County may choose regarding the future CDC PUD amendment application, and this Agreement shall not be construed or characterized as a "development agreement" under the Florida Local Government Development Agreement Act; and WHEREAS, CDC/Developer is currently authorized to develop only that 83 acre portion of the CDC PUD land which is the subject of a amended Preliminary Development Agreement ("PDA") dated May 16,2002, as amended by an Agreement dated May 28,2003, both of which were entered into by and between the Florida Department of Community Affairs and CDClDeveloper; and any additional development beyond the site specified in the PDA must be authorized by Collier County after its consideration of CDClDeveloper's application to amend the CDC PUD ordinance. 3 Ulf-i'\t Aoenda Item No. 10G OR: 3424t.aM.~7n~)tJg Pa~t;f I 'T crIi"Z;~ WHEREAS, the parties acknowledge that the County desires to expedite the LASIP Project's completion and that there are costs associated with both the delay of the LASIP Project and the County's pursuit of construction permits from the regulatory agencies involved. WITNESSETH: NOW, THEREFORE, IN CONSIDERATION of Ten DoJlars ($10.00) and other good and valuable consideration previously exchanged between the parties, and in consideration of the covenants contained herein, the parties agree as follows; 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. A map generally depicting the components of the LASIP Project is marked Composite Exhibit "A" and attached hereto. Collier County has prepared a design plan for the LASIP Project improvements, including the Lely Canal. County has filed and is pursuing final approval (Permit Application No. 980828.1) of a permit from the South Florida Water Management District for the LASIP improvements (hereinafter referred to as the "LASIP Permit"). 3. CDClDeveloper desires to construct the Lely Canal following a meandered, non- linear canal design to improve water quality, and to improve the visual aesthetics of the Canal (hereinafter Modified Drainage Design) which differs from the County's proposed design for the LASIP Permit application. CDC/Developer shaH file an application for the Modified Drainage Design with the S.F.W.M.D. as soon as practical, but no later than July 1,2004. ~. CDC/Developer shall begin construction of either the LASIP Project or the Modified Drainage Design within two (2) years from the issuance of the LASIP Permit. The 4 ar~~ OR: ~~t,~~r7~1 Page 15 of 42 - two-year time period for CDClDeveloper's commencement of construction of the Modified Drainage Design shall be extended up to a maximum of nine (9) months, if CDClDeveloper has applied for, and is pursuing in good faith, a SFWMD permit for approval of the Modified Drainage Design. If CDClDeveloper fails to timely begin construction of the Modified Drainage Design or the LASIP Project, upon written notice to CDClDeveloper, Collier County shall have the exclusive right to construct the LASIP Project and CDClDeveloper shall provide all necessary access to the County on CDClDeveloper's property, without cost, to enable the County to construct the LASIP Project. 5. Regarding the Lely Canal: A. If constructed under the Modified Drainage Design, the Lely Canal shall be designed at a minimum to accommodate the same water flow criteria as approved in the LASIP Project, plus any additional flow beyond pre-development historical flows contributed by on-site development within the CDC PUD. For either the Modified Drainage Design or the LASIP Project, all costs now and forever arising from any additional flow beyond pre-development historical flows contributed by on-site development within the CDC PUD, including but not limited to expansion or modification of the Modified Drainage Design or the LASIP Project, shall be borne solely by CDC/Developer. /'-:8. For either the Modified Drainage Design or the LASIP Project, CDClDeveloper must complete the canal construction within one year from breaking ground. 5 cJr-~ A~,11~CA ItM No ~~ OR: J't ,i1far~~~7. ~ if2 Page 16 0 4L C. For either the Modified Drainage Design or the LASIP Project, following completion of construction by either party, CDClDeveloper shall, at its sole cost, be responsible for the ongoing maintenance of the Lely Canal. D. If constructed pursuant to the Modified Drainage Design, CDClDeveloper shall receive all mitigation credit for the enhancements to the Canal beyond the LASIP Project. If CDC/Developer obtains grant funding for the improved water quality design of the Lely Canal, the grant funds shall be shared, with the County entitled to receive only that percentage of the grant funds which equals the percentage of the grant funds attributable to, or awarded for the LASIP Project design, including the spreader lake, and CDClDeveloper receiving that percentage of the grant funds awarded for the Modified Drainage Design to be permitted by the S.F.W.M.D. E. CDClDeveloper shall dedicate and convey, at no cost to the County, aU rights and interests it has to the existing Lely Canal that historically has been maintained by Collier County. A graphic rendering of this area is shown as "Lely Canal (Existing Conditions)," attached hereto as part of Exhibit B, calculated therein at 21.2 acres. All references to acreage herein, including this reference, are estimates only, with a final determination of actual acreage to be determined in a customary manner by the County. F. CDC/Developer shall dedicate and convey to County an additional 14.3 acres for the Lely Canal, representing the area of the widening of the existing canal. A graphic rendering of this area is shown as "LeIy Canal (Per 1985 Master Plan)," attached hereto as part of Exhibit B. Collier County shall pay 6 4- I .... OR: Aj4~~m~N7~~~~ Page 17 of 42 CDClDeveloper the appraised fair market value for the 14.3 acres and the land valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "POO" of the CDC DRIIPUD land. G. The current LASIP Project design for the Lely Canal substitutes a spreader lake in place of a spreader water way. A graphic rendering of the spreader lake is shown on "Lely Canal {Per LASIP Design)," attached hereto as part of Exhibit B. This spreader lake is approximately 13.87 acres. CDClDeveloper shall dedicate and convey to Collier County this additional 13.87 acres. Collier County shall pay CDClDeveloper the appraised fair market value of these 13.87 acres, and the appraised valuation shall be determined as of October 23, 2002, when the County and CDClDeveloper entered into the Contribution Agreement, with the valuation based on pre-PUD Agricultural zoning. As an offset to this purchase price, the County will be credited for 18.6 acres (3.1 acres upland, 15.5 acres wetland) of the 26-acre spreader waterway canal. A graphic rendering of this area is shown as "Lely Canal {Per 1985 Master Plan)," attached hereto as part of Exhibit B. This credit will be based upon an appraisal, and valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "POO" of the CDC DRIIPUD land, considering the spreader canal's land characteristics as either wetland or upland. H. Payment to CDCfDeveloper for all of the conveyances set forth shaIl be made by the County within three years of the date that the land is dedicated to Collier County by CDClDeveloper and accepted by the County. 7 Ufr-/#r OR: A3~rzl1~~~~~~ Page 18 of 42 1. The County shall reimburse CDCfDeveloper for the County's proportionate share of the costs of the design, permitting and construction of the LASIP Project based upon the method or mechanism selected by Collier County for the calculation of the proportionate fair share allocation for property owners in the LASIP Project area. The proportionate share of costs may be based upon gross acreage, taxable value, front footage or some other equitable method adopted by the County. County shall reimburse CDClDeveloper for the County's share of the costs of the Project within sixty (60) days of final completion and acceptance of the Project. J. All land dedications referenced above shaIl be conveyed to the County at the earlier of (1) the final completion and acceptance of the Modified Drainage Design or LASIP Project, or (2) upon the County exercising its right to construct the LASIP Project under Paragraph 4 herein, within thirty (30) days of written request by the County. /0.- -.......\ ; 6 ' ( .j , -~ So long as CDC/Developer is engaged in the construction of the Lely Canal by either design, County shall not refuse to process applications for site plan approvals, building permits, certificates of occupancy for commercial use or other County permits for development within the 83 acre CDC 2003 PDA area. \\lit~i_!Uh~ lar,Ker.amendectCD.CPULlJ2roject. ~~_'!L~2.__ certificates of occupancy shall. be authorized or iSi)ued by the County until all associated improvements to the Lely C~na!_ by eithe.r de.sign specified in Paragraph 4, above, have been constru~!~_~ ~xCQ~/'.I?evelEP~r a!1c:faPIm~ved by the Coun~y; except that when consistent with the amended CDC PUD, the Collier County Land Development Code and all other_~oIlier 8 ~~ I OR: A3tt'~!~ r7~15 Page 19 of 42 County Laws and Ordinances, and provided that there are adequate public facilities capacity available, Certificates 5!f Occupancy shaH be approved by the County for the following __..,__~ _.... -". -. _, ~~__ __, .._ _. .' .,', ..., ,.., . _,._ .. ...~.....- ......_....., ..0- ,'"''<''' . - .'.... '__'_...____..'~,_. __..~_..~_..._"._ .._......... development: commercial buildings, sales centers, model homes, and a golf course, including a '.,."..~,". _~_.~._._._..."" .",~,-,. "............~ .._.,..'" . .,_ ."", , - ,." '.'- "~...-.._"-"" ,.d. ,,_, .,._.,........... ....." ._...........'._'.'~,.......".....'......... golf club house and golf maintenance facilities. . 7. Regarding the Avalon School Outfall Canal and Fern Street Relief System: A. The Avalon School Outfall Canal and Fern Street Relief System are depicted on the attached plan marked as Exhibit D. B. CDC/Developer will dedicate land needed for the drainage improvements, and shall construct, the Avalon School outfall canal and Fern Street Relief System as graphically, and approximately depicted in Exhibit D attached hereto and incorporated herein. C. The County shall reimburse CDClDeveloper for the value of the dedications for which the County is responsible for payment within three (3) years of the date the real property is accepted by the County and shall be valued based upon an appraisal, and valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRI/PUD land. 8. Regarding the Lely Manor Canal: A. County is currently seeking permits from the South Florida Water Management Plan. B. The County will obtain permits and construct the Lely Manor Canal at its own costs and may proceed with construction of the Lely Manor Canal in advance of CDClDeveloper's filing an application for amendment of the CDC POO. 9 CJ?-~ OR: ~~2i4a p~ Na.3~)6> March 27, 2007 Page 20 of 42 CDClDeveloper shall provide the County with access to the l.ely Manor Canal for maintenance purposes. C. CDClDeveloper shall dedicate and convey to the County approximately 12.3 acres of land for the spreader lake and canal improvements. A graphic rendering of this area is shown as "Lely Manor Canal {Per LASIP Design)," attached hereto as part of Exhibit C. The spreader lake is approximately 9.68 acres, and the canal improvements are approximately 2.52 acres. With respect to the spreader lake, Collier County shall pay CDClDeveloper the appraised fair market value of these 9.68 acres, and the appraised valuation shall be determined as of October 23, 2002, when the County and CDClDeveloper entered into the Contribution Agreement, with the valuation based on pre-PUD Agricultural zoning. With respect to the canal improvements, CDCfDeveloper shall dedicate and convey to the County a strip of land between 15 feet and 35 feet wide of CDClDeveloper's land along the Lely Manor Canal. Of the 35 foot wide strip of land, 15 feet is required for the canal and 20 feet is needed for the County's maintenance of the Lely Manor Canal. If CDClDeveloper dedicates and conveys less than a 35 foot strip along any portion of the Lely Manor Canal ("CDC/Developer Portion"), CDClDeveloper will maintain at CDClDeveloper's sole cost the CDCIDeveloper Portion, and will also provide access to the County (at no cost to the County) for maintenance of the portion of the Lely Manor Canal not maintained by CDC/Developer. At County's request, the parties will enter into a Maintenance Agreement setting forth these terms. Collier County shall pay CDC/Developer the appraised fair market value for this 2.52-acre strip and the 10 cJf" ~ OR: ~2t:mr~~~~ Page 21 of 42 land valuation shall be appraised as the value of Agricultural zoned land on the day before the County's 1986 rezoning to "PUD" of the CDC DRIlPUD land. D. The County shall reimburse CDClDeveloper for the land dedicated to the County for the Lely Manor Canal dedications within three (3) years of the date that the land is dedicated by CDClDeveloper. All land dedications referenced herein shall be conveyed to the County after receipt of all necessary permits and within thirty (30) days of written request by the County. 9. The considerations and commitments in this Agreement relate to the LASIP improvements within the boundaries of the CDC PUD, and these considerations shall be understood and interpreted to relate to those LASIP improvements that are deemed appropriate and authorized by the permits to be issued by the South Florida Water Management District and the U.S. Anny Corps of Engineers. 10. Regarding contributions of construction or installation of improvements, the value of CDClDeveloper's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by CDClDeveloper, but in any event not to exceed twenty (20%) above the estimated probable costs of such improvement. 11. In the event of a dispute, the County's Alternative Dispute Resolution Procedure shall be utilized. 12. All conveyances set forth herein shall be in fee simple to the County by warranty deed. With respect to such conveyances, the County shall be responsible for paying the costs of any title work and searches, and CDClDeveloper shall be responsible at its costs for promptly removing or curing any hens, encumbrances or deficiencies revealed in any title work. 11 at OR: l~2-~a~G~ r~ 4~ March 27, 2007 Page 22 of 42 13. This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by the successors in interest. 14. The burdens of this Agreement shall be binding upon, and benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 15. Either party to this Agreement shall have the ability file an action, including an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement after submission to the County's Alternative Dispute Resolution process, said remedy being cumulative with any and all other remedies available to the parties for legal enforcement of this Agreement. 16. This Agreement shall be recorded by the County in the official records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman of the Board of County Commissioners, executes this Agreement. A copy of this recorded document will be provided to CDClDeveloper. END OF PAGE 12 ~. OR: 1~T~~Pl ~7~)~ Page 23~~ DONE AND ORDERED this lttU"day of ~ 2003. ,;:" , ~.t~.S~'bCKdlERK ., ~'.~~\',. ,~ .'" ;;~ ,: . Deptlty; tefk., . < . DvJlbHT E. B&0t~7CLERK "<, Attts..~toCtt.h"Un" It....,.11. APPROVED AS TO FORM AND LE L S TF CIENCY: T COUNTY ATTORNEY WITfESSES: (Jli: I?tt;~,t 2- (Signature) ~R\( t\ L [)~~02 (Print full name) ~: _ "B:R. Crim (Print full name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . By: TOM HE Chairman Jf!ff~fY A. ~Lf}12~O\J COLLIER LAND DEVELOPMENT, INC. By: , Vice President JEFFREY M. "... :<.;:;~~ i~:~~:;;~~~7'{[~::' .,..:: . ~ \ . _-7' ,..- :-" :~ ~. 'g~~f~~lt~r ' .-to' , 13 ~r OR: /31f2tm:~;o3~ Page 24 of 42 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was executed before me this~day of~}-. Birr. Vice President of Collier Land Development, Inc. l'\~ ~.~ Notary Publi ~ Name f\ a....,-.. e..~ L. c::t II Certificate No. \ My Commission expires~ 0.'5" . 2003, by Jeffrey ~~f'~ NANCY LYNN HALL ~~, MY COMMISSION # D0031397 't.., 1\11 EXPIRES: June 24.2005 1~3-NOTARY Fl. '*"-Y SeMoo I Bonding. lne. COLLIER DEVELOPMENT CORPORATION By: JEFFREY M. BIRR WITNE.S .SESn uilt. f:t:u~ ~ - , (~ature rR I L tr 1 - ()TT/3f (Print full name) , ~ (Signature) . 'B. R. C,rt V\t\ (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was executed before me this~day of V. Birr, Vice President of Collier Development Corporation \f\~ L_~~ Notary Public \ ~ Name V\~ Q..u L. a.. \ 1 Certificate No. \ My Commission expires ~ \ :ti \ oS- \ , 2003, by Jeffrey ~..""~ NANCY LYNN HALL '" ~J MY COMMISSION" OD031397 -r1t11f1\~ EXPIRES: Jund4. 200~ I<<JO.3.HOTAFlY FL Noury Semce & BondIng. Inc. 14 d-iJ -I Agenda Item NO.1 OG March ~ 2p07 f-'age ::> 0 4L. OR: 3424 PG: 0351 '\. '. '\.''''-' " " ,;:/' 13#' 1~~24 ~'~3'\ //./ \, \\ '\ SAEW. BAY ) AI /~ ;;~y /~'\/ ~1~// , / 15 X 23 ~",/ /22'\, .~ /' "' "../ '\\.~ ,/ , "', /' "~ ~ /' \, /" ~ / "~ ~ ", /?' / '\ // ,/ ,/"'~ // / V / '\, ,,) -.-;....-~~H1 CLIENT: Wi,.,.;II.. I'IImrI . ~ . ~ . ~ . L.MI*:IplI ArdrIt<<b . 'II'WlIIpclrfdl Cllndr* PROJECT: WI8or.i.WIer; he. ,."".. . Fort."... . ..... . It'IdIn:Il . r..,. . T~ . ...... CIY 8Ndl aXI,., Law. 8* I/fID . ,...., ""* MIJH!lJ7 . "'- ~ . I'1u 1i.7Hf.Hi1rf. lNl-SIe ..........._ COLLIER DEVELC CORPORAllt SABAL SA COUNlY CAt\ ~ ~ ~" LELY LAKES /" -- ~ " '-t..e:L Y CANAL / / // ,/ / // / / / / /'/ ~.^' DRt BOUNDAAY UNE (1YP ,) l6 lENT OAT(; 06/26/03 HORIZONTAL SCAlE: 1- =: 2000' VERTICAl SCALE: N/A ... ) TITLE: OR: 3424 PG: 0352 EXHIBIT A: COUNTY CANALS LOCATION MAP seC: TWP: RCE:: CROSS REFERENCE nL( NO.: PROJECT NUMBER: N0229-02?-On~ Agenda Item NO.1 OG March 27. 2007 ~[!JI ~::' :," '::: cJfL- INDEX NUMBER: D-N0229- 74-A SHEET NUMBER: 1 ,,~ 1 I -., Agenda Item NO.1 OG March 27, 2007 D'iiQ" ?7 nf Lf ') OR: 3424 PG: 0353 , ~._~.-...... '\ \ \ / /if? ,_,.v 13 /j-; "j?/ '~'2" ",#'"23\ '%;F, -If'" '\ '\ '\, SABAL BAY ~1~/ // 15X 23 ,,/22 \ /' / V) /'~&/. / x //"\, ) \. // , ,- \,\ // .:/ / '\ / \ / '''\ " \ "- \ Wi.Mlller _T~-=-M ".."... . e.-. . ~ . ~ . ~ AtT:J'Iec#I . 7I'In1pcriIi;rl ~ Mscn1.IIel, he. ,.... . Ff1rl...... . .!IInlil* . Ihdri:ln . TIIIJII . T~ . ,..... CIy a.dl .1lllllISIIly lMlII, ...1110 . __ Rlri* MIDHfIJ1.19lcN ~. '" IfHJCH1II . ...... ...........QllII CLIENT: COlliER DEVElO CORPORATIC SA8AL 8A ~ COUNlY CANJ PROJECT: ~ELY CANAl. /' / / ,/ /' ,.' /' / ,,/" Agenda Item No.1 OG March 27, 2007 o",.,"'?~ f"\f L!? I OR: 3424 PG: 0354 , ~ ~" LELY lAKES / /' / /' / /' / LEGEND D11lI LEL Y CAHAl.. - E~ COHOHlONS (21.2 ACRES) ~~, DR! BOVNOARY UNE (TYP .) ~~ENT OI.TE: TITLE: 06/26/03 EXHIBIT B: LELY CANAL cJ{L ,~ J HORIZONTAL SCAlE: lw = 2000' (EXISTING CONDITIONS) VERTICAl SCl\LE: INDEX NUMBER: N/A D-N0229-74-8 _5 SEe: TW?: ReE: CROSS REFERENCE RLE NO.: I PROJECT NUMBER: SHEET NUMBER: "'n??Q_n??_nn~ 1 "',.. ~ -I Agenda Item NO.1 OG March 27, 2007 r O::f~ .o-".l VI ""t-~ OR: 3424 PG: 0355 , / # ::f , . 13;&,1 p:;Y 1~24 -t: 23 \ , ~;-, \. . /;:>/ '" ~. tY " SMtL BAY ~,~., 1 ;2}:3 / 22 " / "-, / "( /. ~/'f! / " /X // \ / '\, -...b~;~~.. CLIENT: Wi_Miller 1'IIMn. ~. &ciIclgWt. an."n . L.IrIdII:IpeArdlllclil . ~ CcnuIInlI PROJECT: WIsonMf<<; tlC. ,..,.. . Fcrf""" . ..... . Ihddln . r.... . r~ . ,..,.. a, fJeec:h ~ 8/IItIf t.., Me 2IXJ . ~ I'btiI $fOHlQ7 . ,.,... ~ . Fa I:!IHfH7Ilf . .,.,.. ............_ COLLIER DEVELC CORPORATI( SABAL SA' COUNTY CAN ~..~.....~- ~ ~ ~" laY LAKES / / / "'--t.El Y CANAl. ~ / ,/' /' / . CANAL S~R.../ "R WAY / ,/' / " .l6 \. " ~~, OR! BOUNDARY UNE (TYP.) MENT DATE: 08/26/03 HQRIZOfoITIIl SCALE: 1- .. 2000' VERTICI\l SCAlE: N/A TITLE: OR: 3424 PG: 0356 LE 0 ~ LElY CAHI\L - I.tPROVEMENTS RECOMUENDED IN 1985 DISTRICT II WSTER PlAN STUDY (35.5 ACRES) _ LELY CAHI\L - 135' WIDE SPR[Al)ER WATER WAY (26.8 ACRES) EXHIBIT B: LELY CANAL (PER 1985 MASTER PLAN) .S SEC: TWP: ReE: CROSS RE,ERENCE FILE NO,: PROJECT NUt.lBER: N0229-022 -003 Agenda Item No, 10G March 27, 2007 r d,:::/C vV VI "'T"':':' INDEX NUMBER: D-N0229-74-8 SHEET NUI.IBER: 2 OF 3 I Agenda Item No. 10G ,...)"'\.'"" -, 017 Page 31 of 42 OR: 3424 PG: 0357 / //JJ/ $ 13 ,.:/ ",:V 14 "'24 " 23 $ n SAIW. BAY ~ '\\ / .X: / '\, / \ /,/ "\, / \ --.....;&;.:::,'=-.. CLIENT: _."iller ",... . ~ . SciabgWt . ~ . L..nIIelIpe ArdIIIdt . 1'rInIpGrfdIn ~ PROJECT: WI80nMJer m ,.... . Fort u,- . ...... . ~ . r.;;; . r.w- . ,.... a,s..dI $ll108IIty u... lUll fI1J(J . ,... FIIlltiI MXlHS1l' .",." .........,.,. ~ . ...... .........._ COlliER DEVEL~ CORPORATI SABAL 8~ COUNlY CAt ~ ~ ~" "\ laY LN<ES / // ~ElY CANAl \ ~LY~ SPREADER LAKE '" " ~~, DRl BOUfl(lARY UNE (TYP .) )MENT 'oJ DATE: TITLE: 08/26/0J OR: 3424 PG: 0358 I!iiil!I LELY CNW. - PER LASP DESIGN (049.3 ACRES) HORIZONTAl SCALE:: 1- = 2000' VERTICAl. SCALE: N/A t:.XHIBiT B: LEL Y CANAL (PER LASIP DESIGN) LS SEC: TWP: ROE: CROSS REFERENCE FILE NO.: PROJECT HUMBER: N0229-022-003 Agenda item No, 10G M"lr!'h ')7 ?nn7 Page 32 of 42 fI H, ~ (;4.V INDEX NUMBER: D-N0229-74-8 SHEET NUMBER: :3 or 3 I Agenda Item NO.1 OG March 27. 2007 d .:l.:l 01 q, OR: 3424 PG: 0359 .~,. " " \\ SAlW.. BAY '\ /~ X, / ..... /'\ ,/ . Wi_Miller _T~.. ,."",... . ~ . EccIog/III . a.n.,.n . ~ ArcMIdI . >>wIlpor'fab CmIIIn WIIen".k; he ..... . Fort u,.. . ...... . 8'IIdInII:II . r..,. . ~ . ,.,.. a, s..dl 3lIlIBIIIy Unf, ldt 1110 . ~ FbfIfI MGHlilII' . I'JllN ....... FIr I3HlCH7If . ~ -*nnIlrJ:all CLIENT: PROJECT: COLLIER DEVEL CORPORAT SABAL BJ COUNTY CAI , ~ ~" ~y MANOR CANAl LE1.. Y LN<ES / / /~' /' / / / ~' ,/ " \ / =>MENT N DATE: TITLE: 08/26/03 OR: 3424 PG: 0360 LEGEND ~ LEL Y WANOR CAloW. - OUSTING (NOT ON SAIW. B.\y PROPERTY) Gl EXISTING WETLAND HORIZONTAl SCAlE: ,- = 2000' VERTICAl SCAlE: N/A EXHIBIT C: LELY MANOR CANAL (EXISTING CONDITION) ,LS SEe: TWP: ROE: CROSS REFERENCE FILE NO.: PROJECT NUMBER: N0229-022-003 /\genda Item No.1 OG March 27, 2007 r-age ,)'+ 01 4<:: ___,r (jjJf./ INDEX NUl,lBER: D-N0229-74-C SHEET NUWeER: 1 or 3 I -' Agenda Item NO.1 OG M;:m~h?7 ?on7 Page 35 of 42 OR: 3424 PG: 0361 \., \ "\, , \""', " " ./J ~(j/" 1347 14 ~. 24 /,f.1~ 23'\ 4<. \. tP,\ '\ "\ \ ~BAY , / \.14/ / )?R3~' \~'. \.. \ \, \,~ /;. /~ /j / . / , /'\. / '~// // ". " ~ // '\ / " /' '\. ./ . \ ~....;~~.. CLIENT: WI.""er ,...,.,.. ~. EccqIIII. a.n.,aa. ~An::#IIIIc*. TI'llIIpCI1d:lr,~ PROJECT: ~, I1c. ,.,... . FcrI."... . 8ndI . lhdriln . r.... . r...,... . ,.... CI)' 8IlIdt 3IDD"""t.... lYe ZDf) . ,.... RriilI MtJHI$Uf . "- ~. Fa ....",. . ___ ...........aIlII COlliER DEVEl( CORPORATI SABAl SA COUNTY CA~ ~ ~ ~" ~LY IoIANOR CANAL LELY LAI<ES ) .. .. \- - - - .. .. ... ~ \... _ _ r ( - !) -) ,\,- ~ OR: 3424 PG: 0362 I m lEl Y ~ CAfW. - PER 1985 OISTRICT 45 MASTER f'VH STUDY (NOT OH SAEW. BAY PROPERTY) G EXISTING WETLAHD ~lY MANOR CANAl / SPREADER WATER WAY ~~~~ \ \. )MENT \J DATE: 08/25/03 HORIZONT IlL SCALE: ,. .. 2000' VERTICAL SCl\LE: N/A SEC: TWP: RCE: CROSS REFERENCE FILE NO.: TITLE: EXHIBIT C: LELY MANOR CANAL (PER 1 985 MASTER PLAN) .LS PROJECT NUMBER: N0229-022-003 Agenda Item NO.1 OG f'vlarch 27, 2007 I o~c.. vV Vi -'L- /""...Ar I I.. w~ INDEX NUMBER: D-N0229-74-C SHEEt NUNSER: 2 or 3 I Agenda Item NO.1 OG rr'h ')7 ') n7 Page 37 of 42 OR: 3424 PG: 0363 , !3/.j. 14 d;. :J?~. ~f' 23', /.;;.~ \ .,~ "- \\ ~ELY MANOR CANAl. ,# ,/ ,t~ // /' ,/ \\., ..', '\, /~ ..\ / / "/~ ~'V /\ '\-. 51 BC / / Wi_Miller ~t.==-M cum PIIrnn. ~. EcaIr:igWI. an.,a-.. L.IndiIciIpArc:lllldt. Jtao'4u'.....I~ PROJECT: WIscriAw', t1c. .... . Farf.... . ..,... . fhcIriln . T,... . T*- . "- ar, s...dI 1!llO"" '--. ,.., fI1(J . --,AlrldIIfJJHIf11. "- _ .. .J)C . Fa ~. ..... ..........._ COLLIER DEVELO CORPORATIC SABAL SA ~ COUNTY CAN4 ~'\ BAY OR! mr LINE (TYP.) Agenda Item NO.1 OG March 27. 2007 ~ ? P "f A') OR: 3424 PG: 036 ~'\ LEGEND ~ LElY WANOR CNoIAI.. - PORTION ~ ON ADJACENT PROPERTY _ LEL. Y lolANOR CNoIAI.. - PORTION ON SAEW. BAY PROPERTY (2.5 ACRES) _ LEl Y lolANOR CANAl.. - SPREADER lAKE (11.8 ACRES) o EXISTING WETlAND / J'// //' ,,// JO 36 , .31 , \ \ \.. .. ,\, ," /' /,- '~- \. '''; ,. ,- , / DATE: TITLE: ,. r. I.. 08/26/03 EXHIBIT c: LELY MANOR CANAL a~ HORIZONT~ SCAlE: ,- = 2000' (PER LASIP DESIGN) vERTICAL SCALE: INDEX NUMBER: N/A D-N0229-74-C SEC: TWP: RGE: CROSS Rt:n:RENCE filE NO.: PROJECT NUWBER: SHEET NU"'SER: t.Jn??Q-n??-nn~ ~ n.. ~ MENT J .s J Agenda Item No. 108 I\II;::!r~h Tl ?007 Page 39 of 42 OR: 3424 PG: 0365 \ , \, , '.. , ,.?it ..,~,"".r 'J~' ~24 /"2J '''\." """ '\ \. SABAL BAY ,~.;.r >/> /If ./~~ / 14/ " // '~2J ~/ / 22'\" //~ ., ~, ." \ . ,,; ,,/ "';" y' ;;. " .././ ),~~// ../ 'y' /" \,. / / ..// \ /" \ / '>( // '" // ..... / \ ;/c' ~..... / '- / . ,/ " ....~"~.t=.... CLIENT: Wi_Miller t"IImn. ~. ~. an.,.n. LMldape~. ~b1~ PROJECT: M8cnW1er, tic. ,... . Fort II)oIn . ,.... . ....... . rlqll . T*- . ,.... ~ Snc:h 3D"" L-. MeItJ(J . ,..., Rarl* a<<l5-tIlD7 . "'- ~. Fa IiJfH4H1II . IIIIlt-IIIr .........,..- COLLIER DEVELC CORPORATI( SABAL BA\ COUNlY CAN :TYP.) ~ ~ ~" laY LAKES / / / / // /' ,,// 36 i5 'MENT J LS \''- OATE: 08/26/0.3 HORIZONTAl SCAlE: ,. = 2000' VERTICAl. SCAlE: N/A SEe: TWP: RG8 OR: 3424 PG: 0366 TITLE: EXHIBIT D: AVALON SCHOOL OUTFALL CANAL CROSS REfERENCE fIlE NO.: PROJECT NUMBER: N0229-022 -003 .A.genda Item NO.1 OG :\nUi ,-,11.-1 , "-~~j Page 40 of 42 ~~v ..........- INOCX NUhl8ER: D-N0229-74-0 SHEET NUMBER: 1 or 2 I . . ,,1 .. Agenda Item No, 108 ~~::>r,...h ')7 ,)()()7 Page 41 of 42 J OR: 3424 PG: 0367 \ , ';,\ o .,1(.. ,:...-,/ ,../:' ~ lJ/iY' , 1..~~2. A/2.3', , "'". '-. o.r" \.. .;", I '\, , " "\ SASAL BAY / /' ,./ ,/ //' ../ / " / '\ / //"/ "/ / " /, //./ '\. ,.,,/ '\ / " \ \ ~~;&t::".rr...... CLIENT: WI_Mi/181 PIImn. ~. &dDgiIII. an-.rn. ~Ard*cII. TIWIIlpllrfdlnCCndllllll PROJECT: M8c:n\4IeI, he. ,.,.. . Forl"'" . SIIIrlII* . lhMIbI . 7'Qla . ~ . ,..,.. a, IIId .t2IJCIMyL-. Ur ItlJ . ~ FiriilI4JHISf11. I'/lane ~. FlII -..cH7IS . WwHIlI _______ COlliER DEVELC CORPORATU SABAL SA' COUNTY CAN Aqenda Item NO.1 OG - March 27. 2007 " laY LAKES // /' ./ / ,,/ 'MENT J DATE: TITLE: 08/26/03 HORIZONTAL SCALE: ,. .. 2000' VERTiCAl SCAlE: N/A _S *** OR: 3424 PG: 0368 *** , ~ ~" / ./ / \. \. EXHIBIT D: FERN STREET RELIEF SYSTEM SEe: TWP: RGE: CROSS REfERENCE FILE NO.: PROJECT NUMBER: N0229-022-003 rd!::lt:: '"+L VI '"+L I ~L INDEX NUMBER: D-N0229-74-D SHEET HUlA9ER: 2 OF 2 Agenda Item NO.1 OH March 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the purchase of Property insurance for the period April 1 , 2007 through March 30, 2008 in the amount of $4,596,397. OBJECTIVE: To gain approval from the Board of County Commissioners (Board) to purchase Property Insurance for the period April 1, 2007 through March 30, 2008 in the amount of $4,596,397. CONSIDERATIONS: Pursuant to Florida Statutes 768.28 and 440, the Risk Management Department operates two risk management funds (Fund 516 and Fund 518) to finance its Property, Casualty and Workers' Compensation insurance programs. The purchase of Property Insurance is part of this program. The expiring property Insurance program renewed on October 1, 2005. At that time, the County purchased a coverage period of eighteen months to lock in advantageous pricing and coverage terms for as long as possible and to move the renewal date out of the hurricane season to avoid potential coverage gaps. The program renews on April 1, 2007. Given the volatility of the property insurance market in 2006, it is estimated that this eighteen month purchase saved the County $1,171,386 through avoided pricing increases on October 1, 2006. .-." Overall premiums are based upon total reported property values. One method to avoid the overpayment of premium is to develop an accurate property schedule. Therefore, the firm of Hirons and Associates was hired to complete an appraisal of County property. The appraisal process resulted in a reduction of appraised values of approximately $150,000,000 and thus, had a positive effect on premiums paid at renewal. The expiring Property Insurance structure is a layered program and includes limited Flood coverage. Total limits purchased are $275,000,000. The expiring property insurance deductible is $50,000 for all perils other than named storms. The named storm deductible is 2% per building subject to a minimum of $100,000 per named storm and a maximum of $2,500,000 per named storm. Additional Flood coverage is purchased through the National Flood Insurance Program on properties in flood zones and vulnerable areas to comply with the provisions of the Stafford Act. The renewing Property Insurance structure is a layered program and includes limited Flood coverage. The underwriters prepared four probable maximum loss studies which indicated that the probable maximum loss for County property would range from $114,000,000 to $161,000,000 for a 500 year storm. Thus, it is recommended that $150,000,000 in total limits be purchased. The property insurance deductible is $50,000 for all perils other than named storms. The named storm deductible is 5% per building subject to a minimum of $250,000 per named storm with no cap available. Additional Flood coverage is purchased through the National Flood Insurance Program on properties in flood zones and vulnerable areas to comply with the provisions of the Stafford Act. Finally, staff reviewed the terrorism coverage being offered and found that it excludes acts of foreign and domestic terrorism. Separate stand alone terrorism insurance quotes were sought -- Agenda Item NO.1 OH March 27, 2007 Page 2 of 3 and it is recommended that terrorism coverage be purchased. The deductible per occurrence for terrorism coverage is $100,000. The significant highlights of the property insurance renewal for FY 2007 are as follows (annualized): Item 2006 2007 % Chg Total Insured Values $935,767,537 $783,042,918 -16.3% Limits Purchased (Loss Limit) $275,000,000 $150,000,000 -45% Rate per $100 $0.3868 $0.555 +48.6% Deductible- Perils Other Than Named Storm $50,000 $50,000 No Chg Deductible- Named Storm $100,000 Min, 5% per $2,500,000 building with Max $250,000 Min Deductible- Per Building Named Storm 2% 5% Total Property Insurance Premium (including $3,619,619 $4,391,397 +18% Florida Hurricane Catastrophe Fund Surcharge of $45,509) Terrorism Coveraqe (includes Domestic) NA $205,000 NA Total Premium $3,619,619 $4,596,397 +26% To summarize, the rate per $100 is increasing by approximately 48.6%. However, the aggregate cost of property insurance coverage is increasing by 18% as a result of lower insurable values (resulting from the appraisal completed) and lower limits purchased commensurate with the probable maximum loss studies demonstrated. The largest change comes in the named storm deductible which is increasing from 2% to 5% and which changes from a $2,500,000 maximum cap to no cap. By comparison, entities such as the City of Naples and Lee County are paying rates of approximately $0.90 and $0.86 per $100 respectively. Each of these entities also received similar named storm deductible terms. FISCAL IMPACT: Funds have been budgeted within Fund 516 for the purchase of coverage as outlined in the executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approves the purchase of property insurance as outlined in the executive summary and authorizes the Risk Management Director to complete those applications or other documents necessary to bind coverage and services effective April 1 ,2007. PREPARED BY: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management Department ,~- Item Number: Item Summary: Meeting Date: Agenda Item No. 10H March 27. 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10H Recommendation to approve the purchase of Property Insurance for the period April 1 2007 through March 30, 2008 in the amount of 54,596.397 (Len Pflce, Administrator AdministratIve Services) 3/27/200790000 AM Date Prepa red By Jeffrey A. Walker, CPCU, ARM Administrative Services Risk Management Director Risk Management 3113/20078:52:09 AM Date Approved By Jeffrey A. Walker, CPCU, ARM Administrative Services Risk Management Director Risk Management 3/13/200710:51 AM Administrative Services Administrator Date Approved By Len Golden Price Administrative Services Administrative Services Admin. 3113/20073:06 PM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3114/20078:44 AM Laura Davisson Management & Budget Analyst Date Approved By County Manager's Office Office of Management 8. Budget 3/15120078:54 AM Approved B)' Michael Smykowski County Mannger's Office Man<lgernent & Budget Director Date Offlce ot Management &. Budget 3/15/20072:21 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3/15/2007 9: 1 0 PM Agenda Item NO.1 01 March 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommend Board approval to upgrade the 800 MHz Radio system at a cost of $4.8 million and to finance the upgrade with a loan from the Commercial Paper Loan Program OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to upgrade the 800 MHz radio system at a cost of $4.8 million and to finance the upgrade with a loan from the Commercial Paper Loan Program. CONSIDERATIONS: On October 26, 1994 the Board approved contract 94-2201 with Ericsson Inc., now MIA-COM, for construction of the 800 MHz trunked radio system. The radio system utilizes specialized technology for control and operation of the sites serving the western portion of the County (simulcast sites). This technology has been operational for ten (10) years and is close to the end of its life and support cycle. This upgrade requires replacement of the central control point equipment. However, we have developed an upgrade plan that will modify a majority of system equipment installed at the various tower sites instead of replacement. The total cost of this upgrade is now $4,800,000, which is $300,000 more than the original estimate and the FY 07 project budget. Within the original budget we have been able to include expansion of the radio system infrastructure to accommodate future growth. This includes expanding the channel capacity of the system and expanding the total site capacity of the system. Currently the system supports six simulcast sites using fifteen channels. After the __ expansion the system will be able to accommodate twelve sites using twenty channels if our needs require it. Required modifications to existing tower site equipment shelters and the replacement of one modular equipment shelter have resulted in the additional expenses above the FY 07 project budget. This upgrade does not require replacement or modification of any radio equipment utilized by agencies using the radio system. FISCAL IMPACT: A Budget Amendment is needed to increase Loan Proceeds and the 800 MHz Project No. 50020 in the County-wide Capital Projects fund (301) in the amount of $300,000. On January 26, 2007 the Finance Committee approved the use of the Commercial Paper Loan Program in the amount of $4,800,000 for the 800 MHz Upgrade. A net loan amount of $4,800,000 is required for this upgrade; with fees and pre-paid interest a gross loan not to exceed $5,040,000 is recommended. Based on a 10 year commercial paper loan of $5,040,000, the estimated debt service payments for 6 months in fiscal year 2007 will be $633,500 and for a full year for FY 2008 will be $734,300. Another budget amendment will be needed to reduce the County Wide Capital Projects Fund Reserves in the amount of $633,500 to transfer funds to the Commercial Paper Fund (299) for current year debt service payments. These funds were specifically set aside for the debt service associated with this capital project. -- GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. - Agenda Item No.1 01 March 27, 2007 Page 2 of 3 RECOMMENDATION: That the Board of County Commissioners authorizes: 1) the purchase of equipment and services to upgrade the 800 MHz system using state contract pricing and standard terms and conditions; 2) the issuance of a Commercial Paper loan in a not-to-exceed amount of $5,040,000; 3) the necessary budget amendments; and (4) the execution of the standard form Commercial Paper loan agreement. PREPARED BY: John Daly, Telecommunications Manager, Department of Information Technology Item Number: Item Summary: Meeting Date: Agenda Item No. 101 March 27. 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 101 Recommend Board approval to upgrade the 800 MHz Radio system at a cost of $48 million and to finance the upgrade with a loan from the Commercial Paper LOBn Program (Len Price, Administrator, Administrative Services) 3127/2007900.00 AM Telecommunications Mlmager Date Prepared By John J. Daly Administrative Services Information Technology 3116120079:15:47 AM Telecommunications Manager Date Approved By John J. Daly Administrative Services Information Technology 311612007 9: 19 AM Barry Axelrod Information Technology Director Date Approved By Administrative Services Information Technology 3116120079:27 AM Scott Johnson Purchasing Agent Date Approved By Administrative Services Purchasing 3116/2007 10:35 AM Steve Carnell Purchasing/General Svcs Director Date Approved By Administrative Services Purchasing 3116/200710:45 AM Approved By Steve Carnvll Administrative ServIces Purchasing/General Svcs Director Date Purchasing 3/16/200710:45 AM Adll1inis.trative Assist.ant Date Approved By OMB Coonitmltor County Manager's Office Office of Management 3. Budget 3/16120073:49 PM Senior Management/Budget Analyst Date Aprroved By Susan Usher County Manager's Office Office of Management 8- Budget 3/19/20073:02 PM Michael Srnykowski Management & Budget Dm;o>ctor O;;te Approved By County Manager's. OffIce Office of Management 8. Budget 3119:20074:48 PM Arproved By James V. Mudd Board Of County Commissioners County Manager [Jilte County Manager's OffIce 3/19/2007 (.:47 PM _. - ,-.. Agenda Item No. 10J March 27, 2007 Page 1 of 50 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Award contract # 06-3962 to Municipal Software Corporation for the replacement of the existing Community Development and Environmental Services computer system. OBJECTIVE: To receive the Board of County Commissioners' (BCC) approval to award a contract to Municipal Software Corporation to replace the existing computer system used by Community Development and Environmental Services (CDES). The contract amount of 1.996 million dollars would be funded from previously Board approved and budgeted capital funding within CDES. CONSIDERA TION: Following the termination of the contract with the previous software replacement project vendor, CDES released a new highly detailed 150 page Request for Proposals (RFP) seeking potential vendors. A selection committee was formed consisting of representatives from each of CDES's seven departments, along with IT, Purchasing, and the Development Services Advisory Committee (DSAC). Six potential vendors responded to the RFP, and a series of on-site proof of concept trials and off-site visits were conducted to evaluate each company's software system. Following this detailed selection process, Municipal Software Corporation's CityView software system was determined to offer the best combination of functionality and cost effectiveness for the replacement of the 10 year old CDES existing computer software system. Full funding for this project remains in place from the original CDES software replacement project, and CDES does not anticipate the need for requesting additional funding now or at any time during this project. This existing funding will cover the 1.996 million dollar contract amount, and will also cpver associated additional project expenses such as hardware expenditures (servers), third party database conversion work, enhanced performance metrics functionality, and possible consulting services. These additional expenses are anticipated to be approximately $400,000. The Development Services Advisory Committee (DSAC) was briefed on the full scope and cost of this project at their March 7, 2007 meeting, and has endorsed this project on multiple occasions. Municipal Software Corporation's CityView software application offers CDES a variety of much needed functionality which will allow for more efficient processing of land use applications and building permits, and greatly improved management oversight of work processes. New, or vastly improved, capabilities brought by this potential land use and pennitting software application include the following: . Easy-to-use forms and reports that will speed up business processes. . Greatly improved reporting capabilities and related data management . Tracking of concurrency issues related to PUD build-outs and construction activity . Detailed tracking and reporting of individual application status through the entire review and permit issuance process . Full GIS integration, meshing GIS functionality with review and approval user screens ,-, Agenda Item No, 10J March 27, 2007 Page 2 of 50 . . Ability to easily revise workflows, develop new applications, and quickly adapt to mission changes . Access to and inclusion of various "best of breed" software applications . Full integration with SAP, performance metric applications, and other County applications During the project's fIrst attempted implementation of a new CDES software system, and again during selection and negotiation process for this current effort, it has become clear that this entire segment of the software industry specializing in local jurisdiction land use and permitting applications has experienced a variety of business challenges which have been ongoing for the past decade. Municipal Software Corporation, like other fIrms in this industry, has experienced organizational challenges over the past two years. The company was originally founded in 1982. More recently a majority share was purchased by a venture capital fIrm, changes in management and staffing were implemented, and Municipal Software Corporation has undergone over the past two years a reorganization to return the company to a long tenn profitable status. Collier County, assessing and understanding the risks involved in such an environment, has worked with Municipal Software Corporation in structuring a proposed contract that in large part mitigates Collier County's financial risks associated with this implementation. Of the contracts payment milestones, 95% are based on the successful testing and acceptance of software modules. Collier County will not make these 95% of payments until the software has been tested, deemed in full compliance with the contract, and has gone live. The contract also places the entire system code in escrow, with Collier County retaining full ownership if the project tenninates for any reason prior to acceptance (and payment). Also, Collier County reserves the contractual right to terminate the contract for any reason it deems as suffIcient to do so. FISCAL IMPACT: All funding required for this software contract, along with all needed associated software project expenses, has already been approved by the BCC and is part of the FY 07 budget. There is no additional fiscal impact of this request. GROWTH MANAGEMENT IMP ACT: It is anticipated that the implementation of a new software system will have a substantial positive impact on CDES's ability to effectively and expeditiously process and manage land use and building pem1it applications and business functions. LEGAL CONSIDERATIONS: The proposed contract and the related attached documents have been reviewed and approved by the County Attorney's Office. RECOMMENDATION: That the Collier County Board of County Commissioners award RFP 06-3962 to Municipal Software Corporation to replace the existing computer system used by Conm1unity Development and Environmental Services and authorize the chairman to sign the agreement on behalf of the County. PREP ARED BY: GalTett Mullee, Manager, CDES Business Management and Budget Office Item Number: Item Summary: Meeting Date: Agenda Item NO.1 OJ lvIarch 27. 2007 Page j of 50 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10J Recommendation that the Board of County Commissioners Award contract # 06-3962 to Municipal Software Corporation for tt~e replacement D~ the eXisting Community Development and Environmental Services computer system. [$199 million] IJoseph K SchmItt Administrator, Community Development and Environmental Services) 3/27/200780000 AM Financial Operations Manager Date Prepared By Garrett Mullee Community Development & Environmental Services Financial Admin. & Housing 3/9/;20073:58:53 PM Marlene Stewart Date Approved By CommuOlty Development & Environmental Services. Executive Secretary Community Development & Environmental Services Admin, 3114/2007 11 :02 AM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, 3114/200711:04 AM Garrett Mullce Financial Operations Manager Date App roved By Community Development & Environmental Services Financial Admin, & Housing 3114/20072:49 PM Contract Administration Manager Date App roved By Kelsey Ward Admrmstrativc Services Purchasing 3114120075:08 PM Approved By Joscpn V,. Schmitt Community Dnvelopment & Environmental Servi:::es Adminstmtor Date Envu'onmentaJ Services Community Deveiopment 8. Community Development & Environmentai Serviees AdmIn, 3/15/200711:11 AM Approved By Steve CMnell Administrative Services PLJrctl3singlGenerbl Svcs Director Date Purchasing 3115120073:38 PM OMB Coordln~{tor Adrrdrlisrrative Assistant Do.te App roved By COLJO!Y Manager'~ Office Office of Management & Budget 3/16/2007 7:43 AM Mark tS<ickson Bl~dget An.oiiyst Date Approved By Coumy Mani1gcr's Office Office Of Managemcnt & Budget 3/20/2007 8:21 AM Approved By Michae~ Smykowski County Manager's Office M!Hwgement & Bu(iget Director Date Ol'flet:: of r....i.:magement & Budget 3/20120075:14 PM County ~/lanager Uble Approved By Jame~ V. f'/:udd Board of County Commissioners County IVia/M.ger's Office 3/2012007 8:49 PM Agenda Item-N(r:-10J-~ March 27, 2007 Page 4 of 50 Contract 06-3962 New Divisional Software System for Community Development and Environmental Services (CDES) CONTRACTuAL SERVICES AGREEMENT TInS AGREEMENT (hereinafter the "Agreement") is made this day of , 2007, (the "Effective Date") by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida, (hereinafter the "County"), and Municipal Software Corporation, a British Columbia incorporated company, with its principal place of business at 4464 Markham Street, Suite 1108, Victoria, BC, V8Z 7X8 (hereinafter the "Vendor"). The County and the Vendor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties. " RECITALS A. The Vendor desires to perform and assume responsibility and obligation for the provision of certain professional services, as hereinafter described, on the terms and conditions set forth herein. Vendor represents that it is experienced in providing business process automation and implementation services to public clients, is licensed in the State of Florida and is familiar with the scope of work of the County. B. The County desires to engage Vendor to render such services, as hereinafter described, for the New Divisional Software System for Community Development and Environmental Services (eDES) (the "Project") on the terms and conditions set forth herein. NOW, TIffiREFORE, in consideration of the mutual covenants and conditions contained herein, the County and the Vendor agree as follows: OPERA TIVE PROVISIONS SECTION I ENGAGEMENT AND SERVICES OF THE VENDOR 1. En12aQ,ement of Vendor. The County hereby engages the Vendor, and the Vendor promises and agrees to furnish to the County, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary for the Project (the "Services"). The Services are more particularly described in Exhibit A, RFP 06-3962 New Divisional Software System for Community Development and Environmental Services (CDES), attached hereto and incorporated herein by reference. The Vendor agrees to perform Ll-te Serv'ices in accordance Vvith the terms and conditions of this Agreement, the exhibits attached hereto and incorporated ~ .~. '.: "~r_~"" ~~. .,'" '.;.lc:/ i ,'..,.... .cJ ;.v.~...",",,_, .~....,...."j.;.~.' ,;.,.-- l,~. Agenda Item Nc. 1 C": March 27, 2007 Page 5 of 50 herein by reference) and all applicable local. state and federal laws) rules and regulations in effect at the time the Services are provided. 2. Performance of the Vendor: Standard of Care. The Vendor accepts the relationship of trust and confidence established between the County and the Vendor by the terms of this Agreement. The Vendor covenants with the County to perform all Services under this Agreement in a skillful and competent manner, consistent with or in excess of the standards of skill, quality and care adhered to by recognized professionals in the same discipline in the State of Florida while performing services of a like or similar nature under like or similar circwnstances. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services, and that it shall consider all recent proven and tested methods known and successfully employed by recognized professionals in the same discipline in the state of Florida. Vendor shall also cooperate with the County and any other consultants or contractors engaged by or on behalf of the County in performance of the Project. The Vendor covenants to use its commercially reasonable efforts to perform its duties and obligations under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the County and the professional standard of care set forth in this Agreement. SECTION II RESPONSffiILITIES OF THE VENDOR 1. The Vendor's Responsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Vendor shall be solely responsible for all costs and expenses incurred relative to the Vendor, personnel of the Vendor and sub-Vendors of the Vendor in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses. 2. Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The Vendor represents that it possesses the professional and technical personnel required to perform the Services. The County retains Vendor on an independent contractor basis and not as an employee of the County. Vendor retains the right to perform similar or different services for others during the term of this Agreement. The personnel performing the Services on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control. The Vendor shall pay all expenses, including, without limitation, all wages, salaries, fringe benefit contributions, payroll taxes, withholding taxes, other taxes or levies and all other amounts due such personnel for the Services or due others as a result of the performance by such personnel of the Services. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, all reports for social security taxes, income tax withholding, unemployment insurance, disability illsura....'1Ce, a....'1d workers' compensation insurance. '~~~J~..'~:', :;.>,... ~..O':_!~~ t"'.. ;",\:,,'-, I . >>""".~ /-'lgelloo :ltJlll r~u, ,C..: iviarch 27, 2007 Page 6 of 50 3. Vendor's Proiect Manager. The Vendor shall designate and assign a project manager ("Project Manager"), who shall coordinate all phases of the Services and act as the Vendor's representative for performance of this Agreement. The Project Manager shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement, and shall be available to the County at all reasonable times. The Project Manager shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures employed by Vendor's persOlUlel, as well as the satisfactory coordination of all portions of the Services under this Agreement. The Vendor designates David Gray to be its Project Manager, but reserves the right to appoint another person as Project Manager upon written notice to the County. 4. Key Personnel. Vendor has represented to County that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of County. As discussed below, any personnel who fail or refuse to perform the Services in a marmer acceptable to the County, or who are determined by the County to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by tbe Vendor at the request of the County. 4.1 Attached as Exhibit F is a listing of all key personnel Vendor intends to assign to the Project to perform the Services required hereunder. All personnel identified in Schedule F shall not be removed or replaced without County's prior written consent. 5. Personnel: Licenses. The Vendor represents and warrants that it and all personnel engaged in performing Services are and shall be fully qualified, authorized and permitted under state and local law to perform such Services. The Vendor shall be responsible to County for any errors or omissions in the execution of the Services under this Agreement. The Vendor represents and warrants that it and all personnel and sub-Vendors engaged in performing the Services have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services under this Agreement. The Vendor further represents and warrants that it, its employees and sub-Vendors shall keep in effect all such licenses, permits, qualifications and other approvals during the term of this Agreement. Any personnel performing Services under this Agreement who are determined by the County to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, or any personnel who fail or refuse to perform the Services in a manner acceptable to the County, shall be promptly removed from the Project by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project. 6. Time of Performance. The Services to be performed by Vendor under and pursuant to this Agreement shall be completed as directed by the County's Project Administrator by November 1,2008 ("the Completion Date") and shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the County for all or any designated portion of the Project and shall be performed a.l1d completed in accordance with the Project Implementation Schedule attached hereto and made a part I l. ~:,;'...~,,-'" I I I Agenda Itel' I ~qo. 10J March 27,2007 Page 7 of 50 hereof as Exhibit II, unless earlier terminated as provided herein, or as may be modified by mutual 'Mitten agreement. Vendor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of services mutually acceptable to the Parties. 7. Software License and Support AlZTeement. The vendor will provide the software licenses identified in Exhibit B for the County's use as governed by its Software License and Support Agreement, a copy of which is attached as Exhibit C. 8. Escrow Agreement. The vendor has provided for a software escrow agreement, a copy of which is attached as Schedule B to Exhibit C, which provides for access to software source code under certain circumstances that are defined in the agreement. For purposes of this Agreement the term "Source Code" shall mean the source code or codes of the Application Software including all updates, revisions, releases or new versions of the source code to correspond with all updates, revisions, releases or new versions of the Application Software which are provided to Collier County by the Vendor from time to time, and shall include supporting documentation in sufficient detail to enable Collier County to use, support, maintain and enhance the Application Software. 9. Consistency with County Policies. The Vendor shall discuss and review with the County Project Manager in advance of all critical decision points all matters relating to the Services in order to ensure that the Services proceed in a manner consistent with the goals and policies of the County. 10. Conformance to Applicable Requirements. All aspects of the provision of the Services by Vendor shall conform to all applicable County, county, state, and federal laws, rules and regulations in effect at the time the services are provided. 11. Insurance. Without limiting the Vendor's indemnification obligations, the Vendor shall obtain, provide and maintain during the term of this Agreement, at its own expense, a policy or policies of liability insurance of the type and amounts described below and satisfactory to the County. Vendor shall also require all of its sub-Vendors to obtain, provide, and maintain insurance which meets the same requirements contained herein. A. Prior to the commencement of the Services, the Vendor shall provide evidence satisfactory to the County that it has secured the follo"Wing types and amounts of insurance: (1) Workers' compensation insurance covering all employees and principals of the Vendor, Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements in a minimum amount of $1 million per accident; (2) Commercial general liability insurance (Occurrence Form) patterned after the current 1.S.0. occurrence form with no limiting endorsements, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $2 million per occurrence . ":'~~.;~~,i ";,;",0..". "T...,>r..,., /\;;cnd;) !t:::m ~Jc. ~ OJ . March 27, 2007 Page 8 of 50 for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form. with a general aggregate limit is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit; (3) Commercial auto liability and property insurance covering "any auto", Owned/Non-ownedIHired Automobile included, with a minimum limit of $1 million combined single limit per accident for bodily injury and property damage. (4) Errors and omissions professional liability insurance appropriate to Vendor's profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. B. The commercial general liability and automobile policies shall contain the following provisions, or Vendor shall provide endorsements on forms approved by the County to add the foIloVl-1ng provisions to the insurance policies: (1) the County, its officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Vendor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the County, its officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor's scheduled underlying coverage. Any insurance or self-insurance maintained by the County or its officials, officers, employees or agents shall be excess of the Vendor's insurance and shall not be called upon to contribute with it in any way. C. All policies shall contain the following provisions, or Vendor shall provide endorsements on forms approved by the County to add the following provisions to the insurance policies: (1) coverage shall not be suspended, voided, canceled or reduced by either party except after thirty (30) days prior notice has been given in writing to the County; provided, however, in the case of non-payment of premium, ten (10) days notice will be provided; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the County, its officials, officers, employees and agents. D. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the County, its officials, officers, employees and agents. E. Any deductibles or self-insured retentions, or any revisions thereto made during the time such insurance is required to be maintained pursu~~t to this Agreement, must be declared to and approved by the County. If such deductibles or self- - l'~"O:> ,...,...~ . ,. /',9:"00 Item ~JG. 10J March 27, 2007 Page 9 of 50 insured retentions are not acceptable to County, Vendor shall meet with County to determine an acceptable solution, such as, but not limited to: (1) reducing or eliminating such deductibles or self-insured retentions as respects the County, its officials, officers, employees and agents; or (2) Vendor's procurement of a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. F. All Insurance is to be placed with insurers with a current A.M. Best's rating no less than B+: VIII, licensed to do business in Florida, and satisfactory to the County. G. Vendor shall furnish County with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the County. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the County if requested. All certificates and endorsements must be received and approved by the County before work commences. The County reserves the right to require complete, certified copies of all required insurance policies, at any time. H. The Vendor shall give to the County prompt and timely notice of any claim made or suit instituted arising out of the Vendor's operation hereunder. The Vendor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and performance of the Services. 1. The Vendor shall include subcontracting Vendors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each sub- Vendor. It is understood that additional insureds are not possible on the Vendor's errors and omissions professional liability policy. All coverage for each sub- Vendor shall be subject to the requirements stated herein. 12. Prohibition Ag:ainst Transfers. The Vendor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law without the prior written consent of the County. Any attempt to do so without the prior written consent of the County shall be null and void, and any assignee, sub-lessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. 13. Progress. The Vendor is responsible to keep the County Project Manager and/or his or her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities perfom1ed and planned, and any meetings that have been scheduled or are desired relative to the Services or this Agreement. 14. Confidentiality. No news releases, including photographs, public announcements or confirmations oft.he same, of any part oft.'I},e subject matter of this Agreement or any phase of the Services shall be made without prior written consent of the County, such I I _ ~,~. ".;> i ,^,gcn:l:: ~tcm ~Jc. -; 0': March 27, 2007 Page 10 of 50 consent to not be unreasonably withheld, and provided in a timely manner. The information which results from the Services in this Agreement is to be kept confidential, unless the release of information is authorized by the County. All Report Materials, either created by or provided to Vendor in connection with the performance of this Agreement, shall be held confidential by Vendor. Such materials shall not, without the prior written consent of County, by used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is otherwise generally known, or has become known, to the related industry, shall be deemed confidential. Vendor shall not use County's name or insignia, photographs of the Project, or any information pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar mediwn without the prior written consent of County. This section is subject to the requirements of the Florida Public Records Act, Chapter 1 19, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat. 15. No Set HourslRicl1t to Contract. The Vendor's obligation hereunder is to complete the Services in accordance with this Agreement and to meet any deadlines established pursuant to this Agreement. The Vendor has no obligation to work any particular schedule, hours or days, or any particular number of hours or days. However, the Vendor shall coordinate with the County in achieving the results and meeting the goals established pursuant to this Agreement. 16. Accounting Records. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of County during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date affinal payment under this Agreement. 17. Safety. Vendor shall execute and maintain its Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. SECTION ill RESPONSIBILITIES OF THE COUNTY 1. Cooperation. The County shall cooperate with the Vendor relative to the provisions of the Services. To the extent permitted by applicable law, the County shall provide criteria and information in its possession, or reasonably obtainable by it, as requested by Vendor, and shall make that information and related data available for Vendor's use during the performance of Lhis Agreement. The County shall render decisions required by t...~is Agreement within the time indicated, or if not specifically stated, with reasonable .,";, ~ .{~~. Agenda Item No. lOJ March 27, 2007 Page 11 of 50 promptness so as not to unduly delay the progress of Vendor's Services. 2. County's Proiect Manager and Proiect Staff. The County shall designate and assign a County project manager ("County Project Manager") who shall have full authority to represent and act on behalf of the County for all purposes under this Agreement The County Project Manager, or his/her designee, shall be the principal officer of the County for liaison with the Vendor, and shall review and give approval to the details of the Services as they are performed, in particular, but not exhaustively, Project Plan, Functional Requirement Specifications, Statements of Work, Acceptance Plans, Statements of Completion, Change Order Requests. In addition, the County Project Manager shall ensure proper and timely availability of all County personnel required by the Vendor for successful completion of project tasks, in particular, but not exhaustively, Business and Systems Analysts, IT staff, Subject Matter Experts. The County designates Gary Mullee to be its County Project Manager, but reserves the right to appoint another person as County Project Manager upon written notice to the Vendor. 3. Proiect Plan. The County shall be responsible for meeting specific milestones and providing specific' deliverables that will be defmed and mutually agreed to in the Project Plan. Should the County fail to meet the agreed milestones or to provide the agreed deliverables, the Vendor will inform the County of the consequences thereof and reserves the right to modify the project plan accordingly. 4. Application Software Acceptance Testing. Shall be in accordance with acceptance testing criteria outlined in Exhibit E. 4.1 Review and Correction. Collier County will either (i) notify Vendor in writing that the Application Software meets the Acceptance Tests and is accepted by Collier County, or (ii) notify Vendor in writing that the Application Software fails to meet the Acceptance Tests. Collier County shall be deemed to have accepted the phase of the Application Software in the event no written notice of acceptance or deficiencies is provided to Vendor on or before expiration of the aforesaid acceptance test period. 4.2 Time period for correction. If Collier County notifies Vendor that the Application Software does not satisfy any or all of the Acceptance Tests, Collier County will set forth a list of the errors or omissions which have caused the Application Software not to meet the Acceptance Tests to the extent known by the Collier County. After notification of a failure of the Application Software to meet the Acceptance Tests, Vendor shall have twenty (20) business days from the date that Vendor receives the list of errors and omissions to modify or improve the Application Software to meet the Acceptance Tests. The Application Software will then be retested in the same manner. Collier County shall not be required to allow the acceptance testing to proceed for more than two (2) twenty (20) day periods. 5. Statement of Completion. Providing that project milestones have been met, the_County shall not unreasonably withhold signature of a statement of completion within thirty (30) days after go-live for each project phase that has been accepted by the COtL.'1ty. ~'d. ~~~::::..~\:._~_. . . , . . ~r:".;"".; ;"~~il'~d :~2;til ~~U. ~:'J March 27. 2007 Page 12 of 50 SECTION IV COMPENSATION 1. Compensation. In consideration of the performance by Vendor of the Services, the County shall pay to the Vendor compensation at the rates set forth in Exhibit B, Payment Milestones and Deliverables, attached hereto and incorporated herein by reference. Total compensation under this Agreement shall not exceed $1,996,272.00 (one million nine hundred ninety six thousand two hundred seventy two dollars) without written approval of the County's Project Manager (the "Compensation"). 2. Extra Service. The Vendor shall not receive additional compensation for any extra service unless such extra service has been authorized in writing in the form of a Change Order signed by both parties prior to the commencement of the extra service. The County shall pay the Vendor for extra service as mutually negotiated by the parties. As used herein, "Extra Service" means any work which is determined by County to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. 3. IncentiveIDisincentive Pavrnents: At a future time, the County may desire to expedite performance on this Contract. In order to achieve this, an incentive - disincentive provision may be established in the form of a written change order to the contract as mutually agreed upon by the parties. 4. Pavment of Compensation. The Vendor shall submit invoices to the County on a montWy basis, or on such other basis as may be mutually agreed upon by the Parties. Each invoice will be itemized. The County shall pay the Vendor for the performance of this Agreement upon completion of the work as accepted and approved by the County's Project Manager or his designee. Payments shall be made to the Vendor when requested as work progresses, but not more frequently than once per month, less 10% retainage which shall be held by the County until satisfactory completion of the Vendor's work. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats. otherwise known as the "Florida Prompt Payment Act". 5. Reimbursements. Vendor shall not be reimbursed for any expenses unless authorized in writing by County. Such reimbursable expenses, if approved, shall include only those expenses which are reasonably and necessarily incurred by Vendor in the interests of the Project. Reimbursable expenses will be paid only at the actual cost to the Vendor, with no mark-up for overhead or profit. 6. Disputed Sums. The County may withhold payment of any disputed portion of Compensation until resolution of the dispute vlith the Vendor. Such withholding by the County shall not be deemed to constitute a failure to pay by the County. The Vendor shall not have the right to allege a breach of this Agreement for failure to pay by the County and to discontinue its performance of the Services hereunder for a period of thirty (30) days from the date Compensation is withheld hereunder. The County's Project Manager and the Vendor's Project Manager shall attempt to promptly resolve Lhe dispute. The Vendor shall have an immediate right to appeal to the County Manager with respect Ageftfia-ttem-No. 4 OJ March 27. 2007 Page 13 of 50 to withheld amounts. The determination of the County Manager with respect to such matters shall be final, subject to the mediation provisions provided herein. The Vendor shall be entitled to receive interest on any portions of the Compensation withheld which are thereafter deemed to be properly payable to the Vendor at the rate of seven percent (7%) per annum, simple interest. Nothing herein shall be construed as limiting the Parties rights to pursue all available legal remedies. 7. Mediation. Should any dispute arise out of the termination or abandonment of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by the American Arbitration Association, Judicial Arbitration and Mediation Service (JAMS) or other agreed-upon service. The mediator shall be selected by a "blindfolded" process. The mediation shall take place in Naples, Florida. i L The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action arising out of the termination or abandonment of this agreement without fIrst meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 30 days, unless the parties extend the maximum time by mutual agreement. SECTION V EXPIRATION AND TERMINATION 1. Events of Default. Each of the following events shall constitute an "Event of Default": A. The Vendor shall fail to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement which is to be observed, performed or complied with by the Vendor, if such failure continues uncured for thirty (30) calendar days after the County gives the Vendor written notice of the failure and the specifIc nature of such failure. B. The Vendor shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any provision ofthis Agreement. 2. Termination Upon Event of Default. In addition to any other available legal or equitable rights or remedies, upon an Event of Default by the Vendar, the County shall. have the right to terminate this Agreement upon written notice to the Vendor. 3. Expiration. Unless extended as provided for herein, this Agreement shall naturally expire on the Completion Date. L_ .-.....> "-",.: ~. .... ~...,...,;,. '- ..-' :'\;::n::: :t:::;~~. ;'L:. : C~ March 27, 2007 Page 14 of 50 4. Payment Upon Termination. Upon a termination of this Agreement, the Vendor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date ofterminatioIl, together with any retainage withheld. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 5. Termination by Vendor. Vendor may terminate this Agreement only upon the substantial breach by the County of a material provision ofthis Agreement. VI GENERAL PROVISIONS 1. Nondiscrimination by the Vendor. The Vendor represents and agrees that the Vendor, its affIliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, Vendor, employee, or applicant for employment because of race, religion, color, sex, handicap, national origin or any other protected classification under federal or state law. Such nondiscrimination shall include, but not be limited to, the follo\\wg; employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. 2. County's Rights to Employ Other Vendors. The County reserves the right to employ other Vendors in connection with this Project. 3. Conflicts ofInterest; Prohibited Interests. A. Vendor 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. Vendor further represents that no persons having any such interest shall be employed to perform those services. B. Vendor maintains and warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, County shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of County, during the term of his or her service with County, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 4. Subcontracting. The Vendor shall not subcontract any portion of the Services except as expressly stated herein, without prior \vntten consent of the County. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in t.1-}is Agreement. ...{i-:':....":..~ ,^,gcnj~ ltcIT', ~J::.. -: C.; March 27, 2007 Page 15 of 50 5. W aiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel, or otherwise. 6. Notices. All notices required hereunder shall be given in writing and shall be deemed duly served if mailed or faxed to the following addresses or such other addresses as the parties may designate by written notice: To the County: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Attention: Stephen Y. Carnell Purchasing and General Services Director Fax: 239-530-6584 To the Vendor: Municipal Software Corporation Suite 1108, 4464 Markham Street Victoria, BC V8Z 7X8 Attention: lain McLean, CEO Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail, certified, return receipt requested, as of five (5) days after deposit in the U.S. Mail. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 7. Authority to Enter Agreement. The Vendor has all requisite power and authority to conduct its business and to execute, deliver and perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein. 8. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 9. Time is of the Essence. Time is of the essence in this Agreement, and all parties agree to execute all documents and to proceed with due diligence to complete all covenants and conditions set forth herein. 10. Governing: Law and Venue. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida. Any lawsuit brought to enforce this Agreement shall be brought in the appropriate court in Collier County, State of Florida L "',gel'''':d :b". r~v. IOJ March 27, 2007 Page 16 of 50 11. Days. Any term in this Agreement referencing time, days, or period for performance shall be deemed to be calendar days and not work days. 12. Entire Agreement. This Agreement contains the entire agreement of the County and the Vendor, and supersedes any prior or written statements or agreements between the County and the Vendor. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both Parties. 13. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on, and shall inure to, the benefit of the successors and assigns of the respective parties. 14. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 15. Captions. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement. 16. Construction. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party. 17. CooperationIFurther Acts. The Parties shall fully cooperate with one another in attaining the purposes of this Agreement. In connection therewith, the Parties shall take any additional further acts and steps and sign any additional documents as may be necessary, appropriate and convenient to attain the purposes of this Agreement. 18. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 19. Component Parts of This Agreement. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Vendor's Proposal, Insurance Certificate(s), RFP #06-3962 New Divisional Software System for Community Development and Environmental Services (CDES) Terms and Conditions, Specifications/Scope of Services and Addendum. Incorporation of Recitals and Exillbits. A. The "Recitals" constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though fully set forth herein. B. The "Exhibits" constitute a material part hereof, and are nereby incorporated into the Agreement by reference as though fully set forth herein. Exhibit A: Scope of Services Exhibit B: Payment Milestones and Deliverables I I I j,gcnds Iterr. nJ. 10J March 27,2007 Page 17 of 50 Exhibit C: Software License and Support Agreement Schedule B - Escrow Agreement Exhibit D: CityView Standard Support - Service Level Agreement Exhibit E: Application Software Acceptance Testing Criteria Exhibit F: Key Personnel Exhibit G: Appendix C - IT Department Standard and Operating Procedures Exhibit H: CityView Implementation Schedule 20. References. All references to the Vendor shall include all personnel, employees, agents and sub- Vendors of the Vendor. 21. Subiect 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. 22. Immigration Law Compliance: By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 V.S.c. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 23. Offer Extended to Other Governmental Entities: Collier County encourages and agrees to Vendor extending the terms and conditions of this contract to other governmental entities at the discretion of the Vendor. These terms and conditions only apply to the Operative Provisions agreed upon between Collier County and Vendor. Vendor reserves the right to negotiate contract price, payment milestones and project schedule at its sole discretion with any other Government Entity that wishes to exercise this offer. Vendor hereby further agrees that for each entity given written approval by the County to utilize this option, Vendor shall provide the County a check in the amount of 1.5 percent (1.5 %) of the total annual purchases made lU1der each entity's contract. Vendor shall be required to provide yearly documentation of such entities' total annual purchases in a form approved by the County. ,.:t . .......':...~-_....". ~ --- P\';]enda +tSj I j r ~CJ. 1-8~ f\/iarch 27. 2007 Page 18 of 50 IN WITNESS WHEREOF, the Vendor and the COlmty, 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: (SEAL) By: James Coletta, Chairman Municipal Software First Witness By: Signature tTypdprintwimessnamet Second Witness lain McLean, Chief Executive Officer tType/print \\r:imess name t Approved as to form and legal sufficiency: Assistant County Attorney Print Name :bit..:...,f. .'w 1~~~:'f......4.7o!'__~,: ! /\g::;nd::; ~t8n^; ~Jc. : 0'; March 27, 2007 Page 19 of 50 Exhibit A Scope of Services As identified in RFP 06-3962 New Divisional Software System for Community Development and Environmental Services (CDES) ...:, ..... , ." ;,....'.; :J... :'\;r=~;-,:c ~:~. d ~~.... ~ =~ March 27, 2007 Page 20 of 50 Exhibit B Pa ment Milestones and Deliverables . . SdftWare u6~i~sing :~,:~I~~::~:f~~:1~fl~r~~':_I_ :..' Software Ucenses Indude: 225 CityView Application Client - Desktop 1 CityView Application Client - Browser 1 CityView Server 150 CityView GIS Extensions 1 CityView Application Builder 1 CityView XML Web Services Extension PreBuilts: 1 CityView Property Information 1 CityView Permits & Inspections 1 CityView Code Enforcement 1 CityView Planning 1 CityView Licensing 1 CityView Cashiering Mapping Products: Unttd ArcReader 15 Named Seats ArcEngine MSC will: . Set up as a cnent on FTP site . Provide documentation to download the latest version of CityView off the FTP site . Send the licensing key for CityView Licenses . Provide documentation to download the PreBuilts from the FTP site , ,;.r':;);n.~1;~1~~~)~\1..~r::i;'E':;:':;' Payment'Mllestone "-' '-_' ~_;~.r~g!::,{?~i~~:~i~'~~:h:t:; $ 700,000.00 To be invoiced at each module acceptance, as per this schedule License cost not to exceed $900,000 for 3 years should Collier have additional license needs and wish to convert to a site license. User licenses are for concurrent usage. ASM (excluding User Conference) ASM User Conference Option Provides: . All major and minor software upgrades . Unlimited technical support; . Unlimited access to the Municipal Software FTP site . Unlimited access to the Municipal Software Knowledgeshare Prepaid attendance at the annual User Conference for 4 attendees, including all registration, travel, accommodation and meal costs; $ 134,000.00 $ 6,000.00 it~~~.tit.~}i~rl9ne ~.~; ',. -..,.. " Due in full following completion of last module .and warranty period Optional, not included in total pricing ""IU ,~ IV.,) Mal-ch 27, 2007 Page 21 of 50 1_. Contract Approval Initial Contract Payment $ 93,817.00 Invoiced at approval Review of existing analysis from prior Business Process Review & Review of project; Review of existing systems; Validation of outstanding analysis Intertace Requirements estimates. Review or provide Process Flow Diagrams (PFD's). Three days of onsite SME Training $ t,450.00 Due upon completion of $ME Training with up to 4 students per day for Training. each PreBuilt. Project Kickoff Data Collection (oosite-to be Onsite meeting to kick off the project scheduled concurrently with SME Training) and collection of required data. On-site requirements analysis Gap-to-Product-Analysis workshops and off-site documentation of Code Enforcement, Cashierina, and Licensina PreBuilts Validation of project approach; Validation of integration approach and resulting effort estimates: identification of any proofs of concept required; Drilldown project plan; Progress monitoring and controlling Project Plan Fine Tuning mechanisms; review of plan; joint plan agreed Convert both data into the Client Initial Dala Conversion database. Validate data conversion with client and test environment Configuration, Customization and Report Configure PreBuilts based on Client Building Information provided in the Worksheets. Integration-Interface Design and Integration with 3rd party systems Implementation Services Setup environments (production & Installation (remote) test) on client site. Test to ensure proper operation. May require on site setup determined at Kickoff Meeting. 1 day course for System Administrators. 1 day course on System Administrator Training, Designer designing forms and creating new $ 10,560.00 Due upon completion of Training and Report Writer Training applications with CityView Training. Application Builder. 1 day course on creating new forms. Includes Travel Validate Initial configuration with the Fine-tuning and Validation client onsite and implement any refinements arising out of the validation. Test against test scripts. In scope System Testing fixes. Acceptance criteria testing. Sign off acceptance criteria. Code Freeze. Final data update/conversion to get current data into client database for go-live. Must be the same scripts Deployment Preparation used in initial data conversion. Data must be verified by both MSC and Client before go-rIVe. Sign off required. User Training Module Acceptance f. 1.1- ....._ ~" ' i'v1arch 27, 2007 Page 22 of 50 Onsite training for users of the PreBuilts: . Code Enforcement (4 days, 40 students) . Licensing (1 days, 10 students) . Cashiering (2 days, 15 students) Due upon completion of Training. $ 24,318.00 Client testing and acceptance process $ 392,092.00 Due upon acceptance - Business Process Review & Review of Interface Requirements SME Training Project Kickoff Data Collection (onsite-to be scheduled concurrently with SME Training) Gap-te-Prod uct-Analysis Project Plan Fine Tuning Initial Data Conversion Configuration, Customization and Report Building Review of existing analysis from prior project; Review of existing systems; Validation of outstanding analysis estimates. Review or provide Process Flow Diagrams (PFD's). 2 days of onsite SME Training with up to 4 students per day for each PreBuilt. $ 6,804.00 Due upon completion of Training. Onsite meeting to kick off the project and collection of required data. On-site requirements analysis workshops and off-site documentation of Planning & Property and PreBuilts Validation of project approach; Validation of integration approach and resulting effort estimates; identification of any proofs of concept required; Drilldown project plan; Progress monitoring and controlling mechanisms; review of plan; joint plan agreed Convert both data into the Client database. Validate data conversion with client and test environment Configure PreBullts based on Client Infonnation provided in the Worksheets. ---'=-'--~ InstaRatlon (remote) Fine-tuning and Validation System Testing Deployment Preparation User Training Module Acceptance i\gondJ Item r Je. 1 ~J March 27, 2007 Page 23 of 50 Setup environments (production & test) on dient site. Test to ensure proper operation. May require on site setup determined at Kickoff Meeting. Validate initial configuration with the client onslte and implement any refinements arising out of the validation. Test against test scripts. In scope ftxes. Acceptance criteria testing. Sign off acceptance criteria. Code Freeze. Final data update/conversion to get current data into client database for go-live. Must be the same scripts used in inftial data conversion. Data must be verified by both MSC and Client before go-live. Sign off required. Dnsite training for users of the PreBuilts: . Property Information (2 days, 10 students ) . Plannin 8 da S, 75 students Cflent testing and acceptance process $ 28,854.00 Due upon completion of Training. $ 378,176.00 Due upon acceptance Business Process Review & Review of Intelface Requirements SME Training Project Kickoff Data Collection (onsite-to be scheduled concurrently with SME Trainin ) Gap-to-Product-Analysis Project Plan Fine Tuning 1:-.. ~~~ ,~~';",;...:; .:.: Review of existing analysis from prior project; Review of existing systems; Validation of outstanding analysis estimates. Review or provide Process Flow Diagrams (PFD's). Two days of onsite SME Training with up to 4 students per day for each PreBuilt. Onslte meeting to kick off the project and collection of required data. $ 6,804.00 Due upon completion of Training. On-site requirements analysis workshops and off-site documentation of Permitting, and Ucensing PreBuilts Validation of project approach; Validation of integration approach and resulting effort estimates; identification of any proofs of concept required; Drilldown project plan; Progress monitoring and controlling mechanisms; review of plan; joint plan agreed Initial Data Conversion Configuration, Customization and Report Building Integration-Interface Design and Implementation Services Installation (remote) Fine-tuning and Validation System Testing Deployment Preparation User Training Module Acceptance j\ .....,-.!~ A r, I '-~ r\~arch 27. 2007 Page 24 of 50 Convert both data into the Client database. Validate data conversion with client and test environment Configure PreBuilts based on Client I nformation provided in the Worksheets. Integration with 3rd party systems Setup environments (production & test) on client site. Test to ensure proper operation. May require on site setup determined at Kickoff Meeting. Validate initial configuration with the client onsile and implement any refinements a rising out of the validation. Test against lest scripts. In scope fixes. Acceptance criteria testing. Sign off acceptance criteria. Code Freeze. Final data update/conversion to get current dala into dient database for go-live. Must be the same scripts used in initial data conversion. Data must be verified by both MSC and Client before go-live. Sign off required. Onsite training for users of the PreBuilts: . Permits & Inspections (9 days, 90 students) . Licensing (1 day, 10 students) $ 33,012.00 Due upon completion of Training. Client testing and acceptance process $ 406,202.00 Due upon acceptance !' AY\;;IIlJct 1 I\;;[( I I~u. 10J March 27, 2007 Page 25 of 50 Exhibit C , Software License and Support Agreement Schedule B - Escrow Agreement .> - ~ -.. "-.j. " f;. . I' ~~ L~r--l S"'IIUCl "<:;11', 0. I . f\1arch 27. 2007 Page 26 of 50 DC M unl'Clnal SOFT,t;\ H SOFTWARE LICENSE AND SUPPORT AGREEMENT 1. LICENSE; . Municipal Software Corporation (hereinafter called 'MUNICIPAL') hereby grants to the person or corporation who purchased this Ucense (hereinafter called the 'Ucensee') a non-transferable, non-exctusive license to: (a) Use the CilvView application software (hereinafter called 1he 'PROGRAM'), containing the system modules described In Schedule "A" attached to this document The PROGRAM is in "use" on a computer when it is loaded into temporary memory (l.e., RAM) of that computer. (b) Copy the PROGRAM Into any machine readable or printed form for back-up, archival or modification purposes In support t::Ilhe licensee's use of the PROGRAM on the computer system PROVIDED TIiAT: 0) the Licensee shall maintain a record of the number and location of coples made; and (ii) the copies, together with the original, shall remain the property of MUNICIPAL; (e) Modify the PROGRAM or merge it with another program for the Licensee's use on any single machine PROVIDED THAT: (i) any portion of the PROGRAM modified or merged into another program shall continue to be subject to the terms and condltJons of the Agreemen~ and (ii) upon termination of this Agreemenl the PROGRAM or portion thereof shall be completely removed from the modified or merged program and destroyed or returned to MUNICIPAL at the request of MUNICIPAL. 2. SUPPORT In consideration of payment of the annual support and maintenance fee. MUNICI PAL will provide: (a) Priority response on support requests regarding licensed programs (and PROGRAM updates), (b) Application support will be provided at no additional charge whenever MUNICIPAL delivers a set of custom built CilyVleW applications to the Licensee. This support service is not to be confused with the stamlard Technical SuPPOrt Services that are provided by MUNICIPAL This support is not available once the Licensee makes any alterations, additions or deletions to the application and is to be limited to: (I) IMthln the !iniil two weeks of delivery, all support questions are directed to the developer(s) Involved with the application development. These may Include questions of functionality. operabinty. explanation of how business processes have been implemented, and any questions of warranty. These questions may be posed at any time between 8:30AM and 4:30PM Pacffic Time, Monday through Friday; (ii) After the first two weeks of delivery, but stili within a month of delivery, it is requested that wherever possible questions are queued and consolidated so that an appointment with the application developer(s) may be booked. This will allow for the best possible use of time for everyone involved; (Hi) After the first month of delivery, all questions should be asked through the normal technical support process. If the support issue requires assistance trom the application developer(s), the technical support analyst will draw upon those resources as is required; (e) Telephone support for licenses described in Schedule 'A" between the hours of 8:30AM and 8:30PM Eastem TIme. Monday through Friday; (d) Remote diagnosis of operational issues related to the PROGRAM and PROGRAM updates. provided that the Licensee has obtained, at its cost, the necessary software. hardware and instruction to allow MUNICIPAL to provide such assistance. (e) PROGRAM updates for licensed programs at no extra charge except for magnetic media and courier costs, these updates to include minor changes, enhancements, improvements. and problem resolutions (excludes all )(press Licensees); In consideration of the services set out above, the Ucensee agrees to pay for each Licensed User installation, the software maintenance charge which shall be submitted by MUNICIPAL no later than one month prior to the dale of expiration as specified in Schedule 'A' (excludes all Xpress Licensees). 3. ACCESS TO PROGRAM SOURCE CODE (excludes all Xpress Licensees) MUNICIPAL acknowledges that it has entered into an agreement (hereinafter called the . Escrow Agreement") wtth Jones Emery Hargreaves Swan, Barristers and Solidtors. having an office at Suite 1212 - 1175 Douglas Street in the City of Victoria, in the Province of Brilish Columbia. A copy of the Escrow Agreement is attached hereto as Schedule 'B'. Said Escrow Agreement proviaes that a Licensee may gain access to program source code for purposes of maintaining and supporting their PROGRAM iicenses all as provided in the Escrow Agreement MUNICIPAL agrees that for so long as this Software License and Support Agreement is in effect it will deposit and periodically update, at MUNICIPAL's sole cost, a copy of the current version of the PROGRAM source code for all programs for whi::r, the Licensee holds licenses as described Jl1 Schedule "A" attached hereto in Escrow. MUNICIPAL further agrees that for so long as this Software License and Support Agreement is in effect it will take no steps or actions which would have the effect of modifying or elimirlating the Escrow Agreement without first having receIved written permission from the Licensee to so do. 4. TERM This Agreement Is effectlve upon instanation and/or payment of the license fee and shall remain In effect for the term set out In Schedule "A' attached hereto, and upon expiry of the initial term shall automaticany renew for an identical term upon payment of the annual support and maintenance fee for the renewai term uniess terminated by either party in a=rdance with the terms contained herein. The Licensee may terminate this Agreement upon the giving , '.lwL~.. A~t:IIJd Itelll r~U. I GJ March 27,2007 Page 27 of 50 of not less then sixty (60) days wr1tten notice to MUNICIPAL prior to each anniversary date of this Agreement. The Licensee may alSo terminate this Agreement provided that MUNICIPAL is In braach at this Agreement and MUNICIPAL haI. not res~ to the Licensee wfthin thirty (30) day~ from the date at the written request of the Licensee, which response did not reasonably Include an identification of the problem, the timetable for resolution, and the proposed scope of the work required to resolve the problem. MUNICIPAL can terminale thl. Agreement ~ the Licensee i. in breach of this Agreement and fails 10 cure such breach within thirty (30) days Ilk written notice from MUNICIPAL. including for no~payment within sixty (60) days of invoice date. In case of teoninatlon, the Licensee shall at the request of MUNiCIPAL either: (a) Destroy the PROGRAM together with all CXlpies, modifications and merged portions, or (b) Return the PROGRAM together with all CXlples, modlfic:atlons, and merged portians to MUNICIPAL Upon termination the Licensee shall certify In wtiting that the original and all copies, modlflcatlons and merged portions in any loon have either been returned to MUNICIPAL or have been destroyed. Sections 5, 6, 7 and e shall continue on and survive notwithstanding termination of this Agreement. 5. MUNICIPAL'S PROPRIETARY RIGHTS . The grant of the License herein contained permits the limited use of the PROGRAM by the Licensee. T1tIe to end all property In the PROGRAM, Its name, logo and computer stored data shall remain exclusively with MUNICIPAL The Licensee hereby acknowledees that the PROGRAM is the property of MUNICIPAL, constitutes a MUNICIPAL trade secret, and egrees to exercise due care and diligence in safeguallllng the PROGRAM and MUNICIPAL's proprietary Interest The Licensee also acknowledges that any negligence or deliberate violation at this Agreement on its part which results in failure to protect MUNICIPAL's proprietary intarestln the PROGRAM shall actually and materially damage MUNICIPAL In order to ensure compliance with the terms of this Agreement. MUNICIPAL shall be entltled, upon reasonable notice to Licensae and llubject to MUNICIPAL's compliance with Licensee's reasonable security measures, to enter upon the Licensee's premises during normal business hours and require the Licensee to produce such infonnation, records and documents as may be required to ascertain compliance. MUNICIPAL may revise or upda1e the PROGRAM or its product from time to time but shall have no obligation to provide 5uch revi5ion or update to the Licensee. unless the licensee has paid in full the Annual Software Maintenance fee. 6. LIMITED WARRANTY MUNICIPAL warrants only that (a) the PROGRAM fumlshed, and all subsequent PROGRAM updates, shall function as set forth in the user documentation accompanying the PROGRAM; and. (b) the CD or diskette or cassette or magnetic tape on which the PROGRAM (including PROGRAM updates) is provided, shaM be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to the Licensee as evidenced by the Uoensee's delivery receipt. Except as specifically provided above, MUNICIPAL expressiy disclaims all warranties in the PROGRAM, including, but not (imited to the implied warranties of quality or fitness lor a particular purpose. The Licensee assumes sole responsibility for the selection of the PROGRAM to achieve the Licensee's intended results, and for the installation. use and resuns obtained from the PROG RAM. 7. LIMITATIONS OF REMEDIES MUNICIPAL's entire liability and the Licensee's exclusive remedy shall be: (a) The replacement of any CD or diskette or cassette not meeting MUNICIPAL's "limited warranty" and which is retumed to MUNICIPAL wflh a copy of the Lioensee's receipt, or t (b) If MUNICIPAL is unable to deliver a replacement CD or diskette or cassette which is free of defects in materials or workmanship. the licensee may terminate this Agreemenf by returning the PROGRAM to MUNICIPAL for a refund in full of licensing fees only as long as such refund IS requested within three (3) months of the anniversary date of this Aereement In no event shall MUNICIPAL be liable to the Licensee for any damages, including any iost profits, lost savings, or other Incidental or consequential damages arising out of the use or inability to use the PROGRAM even If MUNICIPAL has been advised of lhe possibility of such damages. or for any claim by any other party. 8. INJUNCTIVE RELIEF The Licensee agrees that the breach of any term, provision or condition of this Agreement by the Ucensee may cause irreparable damage to MUNICIPAL in which case an award of damages may not be adequate relief to MUNICIPAL. Therefore, the Licensee agrees that in addiUon to all the remedies available to MUNICIPAL in the event of any breach of this Agreement by the Licensee, MUNICIPAL shall have the right to obtain timely injunctive relief to protect Its proprietary right. 9. GOVERNING LAW The validity and interpretation of this Agreement and each clause and part thereof shall be eovemed by the law of the Province of British Columbia without reference to principles of conflict of laws. 10. ENTIRE AGREEMENT This Agreement contains all the terms and cond~lons agreed on by the parties hereto with regard to the matters dean with herein, and no understandings or agreements, verbal or otherwise, exist between the parties except as herein expressly set out. 11. RIGHT TO ASSIGN This Agreement and the rights and liabilities hereunder shen not be assigned by the licensee unless consent In writing is obtained from MUNICIPAL. 12. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit at end be binding upon the respective successors and permitted assigns of the parties. 13. DELIVERY AND PAYMENT Acceptance of delivery uf payment oi the licenses or software maintenance consUtutes acceptance of the tenns of this Agreement ",~.:z:~~f;...- ~ ~ ..;;..".:.-:....;.::~ - F ..JI% Nm-- --.,\gerlu8 !lelll O. Vu March 27, 2007 Page 28 of 50 ! SCHEDULE B This is Schedule '6' attached to and made part of an Software License And Support Agreement dated (date) between Municipal Software (client). ESCROW AGREEMENT To: Jones Emery Hargreaves Swan Barristers and Solicitors Suite 1212 - 1175 Douglas Street Victoria, B. C. V8W 2El To: Each Declarant (as defined hereunder) 1. Upon receipt by Jones Emery Hargreaves Swan of a Statutory Declaration from the Declarant or an authorized officer of the Declarant containing the following provisions: (a) The Declarant is a party to a Municipal Software Corporation Software License and Support Agreement and the Declarant is not in default under the terms of the agreement; (b) The Declarant has requested in writing performance of the Software license and Support Agreement by Municipal Software Corporation; (c) Municipal Software Corporation has not responded in writing to the Declarant within 30 days from the date of the written request of the Declarant, with a response which did not reasonably include an identification of the problem, the timetable for resolution, and the proposed scope of the work required to resolve the problem; (d) Notice of the Intention of the Declarant to exercise the provisions of the this Escrow Agreement have been served upon Municipal Software Corporation not less than 14 days prior to the date of execution of the Statutory Declaration; (e) The Declarant undertakes to copy the program source code, the subject of the Escrow Agreement, and to return the original to Jones Emery Hargreaves Swan and to use the program source code only for the purposes of supporting and maintaining Its Municipal Software Corporation software program for its own internal corporate purposes; Jones Emery Hargreaves Swan shall release to the Declarant the program source code as deposited by Municipal Software Corporation in a sealed envelope with Jones Emery Hargreaves Swan pursuant to this Escrow Agreement; 2. Municipal Software Corporation shall, during the term of this agreement, submit revised copies of the source code in a sealed envelope together with a list of the current approved declarants entitled to receive same subject to the conditions in (1) above. Such revisions shall be accompanied by a certificate from Municipal Software Corporation stating that: (a) The contents of the escrowed materials are complete and would be understandable and useable by a reasonably knowledgeable computer programmer. (b) The contents accurately reflect the most current version of the licensed programs by the Licensee, (c) The contents incorporate all changes made to the licensed programs or the source material from the previous time the escrowed materials were delivered to Jones Emery Hargreaves Swan under this agreement, (d) The contents contain a separate CD or diskette that contains the CityVlew License Key Generator Program with instructions for use, and, (e) The contents contain no passwords, or other device that would prevent or prohibit the use of the escrowed materials at any time. 3. Municipal Software Corporation will ensure that revised copies of the source code will be placed with Jones Emery Hargreaves Swan within thirty (30) days after the public release of a licensed Client W: ##### Printed: date fit:' .' ';~t:lIIJCl Ili:::HII r~U. lGJ March 27, 2007 Page 29 of 50 program or a licensed progrem updete. 4. Jones Emery Hargreaves Swan shall, upon receiving such a certificate from Municipal SoftwClre Corporation, notify each of the declarants mentioned in (2) above, by mail of such receipt. 5. It is understood that the duties of Jones Emery HargreClves Swan, as escrow holder are limited to those expressly set forth herein and, in addition to the carrying out of the escrow Instructions, are limited to taking reasonable care of the subject matter of this agreement. Jones Emery HClrgreaves Swan make no representations or guarantee as to the escrow materials and shall not be obligated to inquire Into the accuracy or completeness of the escrow materials or any declaration made hereunder. In the event that proceedings in a court of law arise in relation to the subject matter of this Escrow Agreement, Jones Emery Hargreaves Swan shall not be obligated to defend or enter an appearance and shall only be obligated to participate after the Declarant and Municipal Software Corporation have placed sufficient securIty for Jones Emery Hargreaves Swan's costs of such proceedings. 6. This agreement shall terminate ten (10) years from the date hereof, unless renewed by mutual written agreement. Jones Emery Hargreaves Swan may resign as escrow agent hereunder upon another party accepting the duties and obligations of escrow agent or upon providing the Declarant and Municipal SOftwClre Corporation with sixty (60) days advance written notice. DATED of at the City of Victoria, in the Province of British Columbia. this_ day ,20_. MUNICIPAL SOFTWARE CORPORAnON The terms of this agreement are hereby accepted by the firm of Jones Emery Hargreaves Swan Per: '- Robert E. Bennett, President Patrick C. Trelawny Client 10:##-##-## Printed: date r '. ~ " r- _1'".', VI IUd !....ll i I "l\.J. i vv March 27, 2007 Page 30 of 50 Exhibit 0 CityView Standard Support - Service Level Agreement ~'." ,. ,-' ~ - - \.. KSjendcrttem r~u. 10.; March 27, 2007 Page 31 of 50 EXHIBIT D . Municipal Software 4464 Markham Street, Suite 1108, Victoria, Be., V8Z 7X8 Canada ToJl-Free: 1.800665.5647 I Tel: (250) 475.6600 I Fax: (250) 475.6080 W\'>/w.MunicipaISoftvvare.com I Trading Symbol: TSX-V;MSZ CityView Standard Support Service Level Agreement property information I permits & inspections I planning code enforcement I licensing I cashiering I application builder ,;'.;.,.,,\.. ~,~n:;J I~d ll'dll J :'~u. ~ ':.~ f'J1arch 27, 2007 Page 32 of 50 II Municipal Software CityView Standard Support - Service Level Agreement Contract Tenn: 1 Year (renewable annually) Support Channels: Web, Telephone or Email Support Requests Allowed: Unlimited Who Can Report: Up to three users named in your support agreement can submit support requests. These individuals must be trained in the use of CityView and constitute the first line of support for your organization. Hours of Coverage: Coverage hours are 5:30 a.m. to 5:30 p.m. Pacific Standard Time from Monday through Friday, excluding Municipal Software Technical Support observed holidays. (Only those statutory holidays that coincide between Canada and the United states are observed by Municipal Software Technical Support.) Accessing Support: The preferred method of opening a support incident is to enter the problem details through our online support system. Telephone support requests should be preceded by filing an electronic support request on our Web site, including a detailed problem description. Telephone support requests will be answered live during business days, though staff may be involved serving other customers. If your call is not answered live, we ask that you leave a message, including the support request tracking number you received from the electronic filing, your name and phone or pager number. Messages are typically responded to within two hours. Auto Acknowledgement: We will send a computer-generated message that acknowledges receipt of the report that you filed electronically. This message will contain the details of your problem report as well as the support request tracking number. Whenever the status of your incident changes, a notification will automatically be sent to the individual that opened the call. Request Response Time: A technical support engineer will respond to all requests within the time frames specified in Table 1. Business hours are 5:30 a.m. to 5:30 p.m. Pacific Standard Time from Monday through Friday, excluding Municipal Software Technical Support observed holidays. Only those statutory holidays that coincide between Canada and the United States are observed by Municipal Software Technical Support. We process requests In the order of their priority followed by order of submission. What we will do if we don't hear back from you: If we don't hear back from you in ten business days, we will close your support request and mark it as "Closed I No response from customer." Resolution 01 Bug-Related Requests: We will keep your request open and follow up when a fix is available in a production release. We will also contact you if we post an experimental build that will help with your problem. What We Need to Help You Municipal Software wants to be as responsive as possible to your support needs. To accomplish this goal, the Municipal Software customer support staft relies on your knowledge, self-sufficiency, and thoroughness during the troubleshooting process. You reap the benefits from this effort - it allows Municipal Software to focus on the more difficult problems and make the product more robust. It also helps control the amount Municipal Software charges for support. · Knowledge: You should be experienced in the installation, operation, and maintenance of the hardware, desktop, and network operating systems, and applications in your environment before you install CityView. · Self-sufficiency: We ask you to be as self-sufficient as possible when you encounter problems. You can do this by referring to technical documentation for your environment and by searching the Municipal Software Web site to determine if your issue is addressed before you submit it to our customer support staff . 9/5/2005 2/4 f:;: ,",' , ~..~:~." ~:~~:t1(~"~.: . ..~ L Agenda It . v March 27, 2007 Page 33 of 50 .. Municipal Software . Complete Infonnatlon: As with any troubleshooting process, accurate and timely resolution depends on information. When you request support. please fill in aU relevant fields in the request form, provide a detailed problem description, and attach any appropriate log files. Unfortunately, when the request information is incomplete, it will take longer to resolve your issue. · Preparation: If you call us for support, be prepared to provide the same level of information as is requested on the request submission form. You can help reduce the time to resolution by completing the online support request form and attaching files as directed. Then, simply provide us with the request number when you call. We ask that you have immediate access to the computer(s) on which Municipal Software products are running. How to Access Support Municipal Software offers several methods of accessing support described below. Please note that for Priority 1 (see Table 1) issues, customers are encouraged to submit their incident online and then follow up via Municipal Software's tofl-free phone number: · Web Support {preferred method} Our web portal, (www.municipalsoftware.com). provides resources for customer self-service, and is comprised of an online searchable knowledgebase, downloadable updates, and a web-enabled CRM that allows users to log new support incidents and check the status of previously submitted incidents on a 24 x 7 basis. · Telephone Support Telephone technical support is available between the hours of 5:30 a.m. and 5:30 p.m. PST on regular business days. Customers can contact us toll-free at 1.866.988.8324. Municipal Software technical support will respond to telephone inquiries using the Service Level Agreement provided in Table 1 below. · Email Support Customers may request assistance from Municipal Software technical support via email at support@municipalsoftware.com. All em ail incident reports are logged into the Municipal Software support CRM database and are addressed based upon the priority of the issues. The response time guidelines for support are provided in Table 1 below. Feature Requests If you come across an idea that you think might make a nice enhancement to CityView, your input is always welcome. Please submit your suggestions through regular support channels. Unless additional information is needed, you will not receive a personal response. Any suggestions for enhancements to CityView that you submit will become the property of Municipal Software. Municipal Software may use this information for any Municipal Software business purposes, without restriction, including for product support and development. Municipal Software will not use information in a form that personally identifies you. 9/612C{)6 3/4 " tit. ~'. ' ~;;~~t"., .'"-"N'- i..;.. '~l~ . .'.~",i~..."'.'t, ,';~'::'I,~IIII~u, I~J rv1arch 27, 2007 Page 34 of 50 . Municipal Software Limitations The following are not covered by Municipal Software's Standard Support Agreement, but may be available as separate services on a time and materials basis: a) Services required due to misuse of Municipal Software maintained software; b) Services required due to software corrections, customizations, or modifications not developed by Municipal Software; c) Services required by the Customer to be performed by Municipal Software outside of Municipal Software's regular business hours; d) Services required to resolve or work-around problems that cannot be reproduced in Municipal Software's support environment; e) Services which relate to tasks other than maintenance of the Customer's existing implementation and configuration of CityView, including but not limited to, enhancing or adapting CityView for specific operating environments; f) Services requested by the Customer to implement software updates provided by Municipal Software. Table 1. Service Level Agreement Time*". r;!J;r;'~~~E~~hf~~"lU"~i~fj~f$~~;'!':~"r' ,~ J Operation/Service down or 2fjQUrs criti9allYi mpaded, ,~~lq " rOp~%~wn :Wi :" ~l"f!,>~", n~1r~L~IJI~t~V?!e!~aL"?\I~?i,,,, ,,?' ~,Brocess IS ' 'C "'<<~llJ~t:gmf1llt resoutq~;_(Jn8.g~ ,orkaround .' 'norm2ii'business"Floursl16're\;olve iif~bl~: issue or oblainworklrhLrid, '- ',,', ~ ./' 1 ' . . Municipal Software arlQcustomer will commit necessarY.'J:.e's,ou,ces 10 fix problem or obt~fd;a , ~;Y.vq*around ,;~"""':L · Usersc,~n0g;,I9Qiq · Busiflf;!~~Jir{)q~~ halted '<..':-.'.'.,..,:-..... · ApRlic:~~. ," ".,'. 'S8 is exceptional y~fbw · Non criticalJeature not wq~k~8~';;:':::"~'!:; , F8~@:~; . 5,btJ~E~qt,lires u~~t\P,L\'" "J, ," \,', ,_,. ~._~:'~~~lii~~~'Si~: >: · Helpfile clarif'i6ation '>c",,::: ':', ;~~'~.''C~:~.'",--<~;:.;; · Fofmge,s.,igri'bqlJ? productiOn"'" ...~ Obtaining More Information Information about our support programs may be obtained by contacting the Municipal Software sales team at 1.800.665.5647, or via email atsales@municipalsoftware.com. .-t?'~'~'";'~;).,.~ ~ ? 3 Mod~r?teto negligible impac(Ni;!:irnpact to b~~i~~;~r;::'~' .' ;, - ;:;: . ~ ';';'~':~:";'>-''-:- :(;',:~;:f',~i,~';)Jd;{:',;,';,. Heq!!~stfoj,frlfcJn}1a tion, d()tJ.~~Q~ilohissues, and enhaOqe.menl requests. 24 H.ours ., Municipal Software andc;vstomer will commit nec.?~~~[YJ:~ 'c~s :"dWing normal busineiis;fi', ""to' ;'i'~&J~~l~' OP'<aII~;~,;i_l~m; ,. 4~j~!~gI::,";-R~que.st-dependent.";":' . 4 . Response time targets are during business hours only. 9/6/2005 ..~:$ ..:z{.f_:.~:.-. 4/4 ~ i~, -~-Agenda Iterll No. 16rl. March 27, 2007 Page 35 of 50 . Exhibit E Municipal Software Acceptance Criteria Acceptance criteria for each of four areas is contingent upon two requirements. First, that the functionality that is demonstrated meets the County needs as outlined in the contract Second, validation sessions to actually test some specific cases. Narratives have been provided. Breaking down the test areas: 1. Testing of completed workflows: The County will run through a handful of completed existing application types and their respective milestone processes as specified in the gap analysis. Testing Criteria on Page 2 2. Completing configurations from existing narrative 1 design specs: Vendor project staff will run through the configuration with the County on one or two nearly completed workflows as chosen by the County as specified in the gap analysis. Narratives have been provided. Testing Criteria on Page 2. 3. GIS: Demonstration of GIS Module ability to access relevant GIS data layers. context sensitive to address, for a few County applications within existing completed workflows. Contractual GIS functionality and CDES GIS layers are listed on pages 3 and 4. 4. Cashiering: Testing of cashiering functionality along the lines specified in the proof of concept section of the contract. In some cases it can be tied in with item #1 testing by completing a payment, and some of the contractual specified functionality will be examined separately. Cashiering functionality from the proof of concept is on page 5. Each member of the County core team will be asked to provide scoring feedback on the functionality demonstrations for those areas of their expertise. Pass / Fail, with a brief explanation. For the actual testing during the validation sessions, participating core team members will be asked to score individual test cases Pass I Fail, and provide screen shots of errors encountered. Screenshots can be saved to Word documents, and/or emailedtooarvmullee@collierQov.net Municipal on Site Team: Municipal Staff on Site Testing Criteria CATEGORY CAUSE ACTION Passed No major problems identified (see below for examples of major Fix (or prepare a plan to ftx) (Approved for problems). Minor problem examples: mislabeled toolbar button or minor problems, review with Distribution) plot axis; inconsistent screen capture in manual; or cannot print from Management, and then toolbar but can usino menu. distribute. Failed Anyone of the following: Fix problems, and then resubmit software for . Installation problems (some typical examples): acceptance testing. . Install of desktop (smart client) would be handled by customer . Insufficient or incorrect installation procedure. . Application files placed into wrong directories. . Software modifies the configuration or system files without warning or backing up originals. Installing Application Builder is not compatible with this requirement . No program icons or groups created (if appl.). . Cannot install on a non--C: drive (e.g., D:). This requirement may also not be met if automated I installs (Group Policy) are required. Would require the creation of an MSI transform file. --~ ,~., ,.;.:.... c" ,.:.... . ,... -~. -~ Age;n~c. It~I" tJ.:). 1G"; March 27, 2007 Page 36 of 50 · 1 or 2 occurrences of General Protection Faults (GPFs) or "infinite loops". . Virus detected on the distributed disks. · Frequent abnormal program exits through multiple event sequences (e.g., memory limits, bad input). · Non-standard, illogical Windows GUls (if Win app). · Non-functioning icons or menu items (e.g., PRINT doesn't work; inactive options aren't ghosted). Fine for CityView platform but not handled like this at application level. · Insufficientlinaccurate printed documentation (e.g., no input/output views or descriptions of menu options). · Insufficient/non-functioning on-line help, without backup printed documentation. On-line help available for non- customized parts only. · Solved Example Problems (test cases): The creation of test cases out of the functional specifications is the customer's responsibility. · Lack of examples or tutorial. · Examples abort or documented results are not obtained. · Combination of several problems with user interface, documentation, or on-line help. · Unable to complete workflows requirements. Contractual GIS Functionality 1. GIS System Interface 1.1 The system will integrate with the Collier County's GIS software application. 1.2 Capability of relating to the geographic elements of the database(s) maintained by a GIS system. This system will provide users with the capability of seeing either tabular or graphic data information utilizing Arc Map, version 8.2, by ESRI. CityView 9 embeds the ESRI's ArcEngine and ArcReader runtime components (ESRI versions 9.1 and 9.2). These components enable CityView 9 to access a variety of mapping resources. CityView 9 does not interface directly with other ESRI client products (such as ArcMap), but does allow access to the same mapping resources that an ArcMap user would access. The CltyView 9 GIS components meet the GIS requirements outlined in the RFP and in the acceptance document, and does so in a way that fits in with Collier County's existing ESRI infrastructure. 1.3 The system shall have the ability to do an functions of Geocoding as outlined by Collier County as it relates to GIS and this new system. It shall also have the capability to do address matching and editing. 1.4 The system will integrate with Collier County's ESRI-based GIS. At a minimum the system will need to support ESRI relates and joins to associate system attributes to corresponding spatial records. The system must support not only ESRI-centric applications based on system data, but the ability to integrate ESRI maps into the system interface. ;<:'-~~~..,~~:,'_.t>~_~ . - ,. '.""" .;.; . '. _._~~-~._-- ~- ~. .....- Deacrlptlon GIS Layers for MapOrawer Functionality Testing A~t:IIJCl 1[<:::111 r~lJ. I c,..; March 27, 2007 Page 37 of 50 File Nalllt Soun:e AddressF'olnta Census Block Groups with Population Census Blocks with Population Census Tracts with Population City Boundaries Coastal Control Unes . County FEMA Flood Insurance Rate Maps 1996 Future Land Use land Use 1995 land Use 2001 Planned UnK Developments Zoning Districts Fire Districts AddressPolnta censusblockgrp censusblock censustract city cnty enstre fema96 ttu Landuse95 landuse01 pud zoning Fire Disl coes coes coes coes coes COES COES coes coes COES coes COES IT from Supervisor of Elections Parcels Subdivisions ,. -, ,~_ ~:,~.'l -:;,"_" -, \=i. _~'L""", 't'. .; ~. parcels subdivision PAO ., ,!..;." '.'jfi~~'-~: ~'; . _ .; TAZ (Tral'Iic Analysis Zone) T:fTRANSITRANSPLANNINGfTRAFFICANAL YSISZONElTRANS MPO Transportation Address Points Address Matchable Roads Condo Units Table Airport Noise Zone AMU - Boundary ArtfficialReefs Boat Speed Zones Coastal Control Lines. County Coastal Control Lines - State Coastal High Hazard Area Code Enforcement. Day boundaries Code Enforcement. Env boundaries Code Enforcement. Evening boundaries Code Enforcement. Sign poundaries Code Enforcement. Weekend boundaries Eagle nest locations 2002 FEMA . 96 FEMA. Proposed 03 Fire Districts Future Land Use Traffic - Traffic COngestion Boundal)' Future Pop by Planning Comunitites Immokalee Area Land Use - 01 FLUCC Land use Tables Libraries Lidar - East County from Army Corps Monuments - fdep along shore Monuments - elevation In estates NRPA . National Resource Protection Area National Wetlands Inventory Panther Locations Planning Communities Pre-Apps PUO's Rural Fringe Rural Lands Sewer Service Areas Solis Street Centerline Turtle Nest Locations Units and Tracts in Estates Water Service Area Windzones - Construction Zip Codes Zoning \^Jellfields T:fCOESlOalaladdrssl T:/COeSlDala/addrss/ T:/COESfData/addrssf COES soe T:/COES/OalalAMU/ T:/COESfEnvir T:/CDES/Envir/ldleZonelll T:/COES/Oata/ County coaslal.shp T:/COES/Oatal State coastal.shp COES SOE COES SOE coes SOE COES SOE GOES SOE GOES SOE COES SOE COES SOE T:/COESIOatalFEMA 9 03/ TJCOES/Oatal Fire Oistricts.shp COES SOE & T:/COES/OatalFLUf T:/COESfOatalFLUI T:/COESfDatal Comun ful pop.shp T:/COES/Dala/lmmok.cov T:/COESlDala/LU 01 LU.Jolned.shp T:/COESlData/LU flxjoin1,2,3 T:/COES/Oata/ Library.shp T:/COES/Oala COES SOE T:/COES/Oatal COES SOE COES SDE T:/COES/Data T:/COESIOata/ Plan Comun.shp COES SOE COES SOE & T:fCDES/Oata/PUOI COES SOE T:/COES/RuraILandsl CDES SDE COES soe T:/COES/Oala/ roads.cov or in addresspt PGOB COES SOE COES SDE COES SDE COES SOE & T:/COESIOala/ windzone.cov T:/COES/Oatal Zip.cov COES SOE 8. T:/COES/Oata/zonlngl TJCDES/Dala/ wellfields.shp COES COES COES COES Planning Natural Resources Natural Resources COES COES COES COES COES COES COES COES COES coes CoES COES coes Planning COES COES COES COES coes coes COES coes Natural Resources coes Natural Resources CDeS coes CDES coes Natural Resources CDes FAH rev 9/05/05 Ca "';~!'. _,~~L,~, ---P;gffilOa ild'll i~U. IV.! March 27, 2007 Page 38 of 50 Cash Management Functionality per Contract · Capture payment and billing infonnation and display escrow account balances In real-time. Allow the various forms of payment methods, including cash, escrow deduction. check, waivers/deferrals, IGC transfers, and credit cards (for express pennits only). Users must be able to calculate impact and pennit fees in different areas of the review process, and create payment slips to present to tile caShiering staff. Payment methods include checks, cash. and transfers for IGCs, DCAs, and COAs. · Credit cards will be accepted for a select group of express permits only and all Rental Registrations. Cashiers must be able to generate a receipt, the permit and an inspection card. · Payment slips: All fee entries that generate a payment slip are required to provide user's name per line item. Changes to payment slip are required to give last user's name on payment slip. Official Receipts: Official Receipt will have lWO names: the users that entered fees to create payment slips or invoices, and the cashier that processed receipt. This requirement is necessary to record and track all users that enter, change, delete or modify payment slips. Usernames and password security will be required 10 allow only authorized slaffto perform these functions. · The system must include the ability to associate all monies collected with the County's general ledger accounting codes. Cashiers must be able to create a transaction report to balance their cash drawer. Next the supervisor must be able to complete the daily closing reports, create the GL Extract file, balance the days wor1<; and send the GL Extract file through an automated FTP and transactional Interface with Clerk of Courts finance system, SAP. This process is required daily for three cash locations. The system must be able to add additional cash locations. The application should be able to confirm that the daily interface with the SAP FTP site was successful. Ability to monitor refunds and partial refunds, utilizing status of receipts. . Comment area for description and detail. · Ability to run reports for status of receipts (transactions) for refunds. Reporting capabilities to include: · Daily Transaction Report, for each cashier, totals for cash, checks, grand transactions totals and Number of transactions per cashier per day report. (see example report CDPR1101) · Payment Summary by Fee Codes. (See example report CDPR11 04) General Ledger Account Report (AKA) General Ledger Fee Summary Report (see report CDPR1106) Maintenance tables must be access restricted by password. The system must provide the ability for users to add, edit, activate, deactivate, and delete (to achieve) all fee codes, access details such as associated dollar amounts for fee codes, GL accounts, fee types, and status in the system. Provide the following infonnation: last update date, last user name, previous update, and previous user update. Provide reporting capability similar to the current system reports that sort by fee code GL Account. · Reports from maintenance tables for Cash Management. Fee Code Reports (Ability to sort by fee code or General Ledger Accounts). · Fee calculation capabilities must be provided by the system for assessing and collecting the County's non-residential and residential land development. A sample oflhe fee types include; development request, impact, permit, certificates, licensing, report generation, surcharges, utilities related charges, late fees and fines. Integration with many peripherals including credit card processing, cash drawers, check verification using system generated unique numbers for control purposes, and others. I~ :"'.Jj,#. ... .... .~. . ",' .;:..,~...,'.--, ."'!.Pif' ' c.,..,-:"..", .-';;--~_f~""'i'11... ~' .z;..:.,-.~,: '" ..-..-<~..:~~~_ _. . _-. ...,: .~;Jl,~; i exhibit F Key Personnel Name Title David Gray Rick Booth Lead Project Manager Business/Systems Analyst PreBuilt Program Manager Senior Application Developer Infrastructure Specialist Quality Assurance Team Lead Susan McCormick, Vince Liderth Robin Gwynne David Hartman Eric Lott Training Manager Trainer Dorinda Youdell A~<:iIIJd Ilelfl f\lo. lu.; March 27, 2007 Page 39 of 50 ...... --....................... ..--.. ....................... ....................... ...................................................................... --.......................... -................-...................... --........ --.. - - --.. -.. -.. -----... --..-.. ---- 1 0... -. .,fr. ~~'... ~ F'Serl'~C1 liel'l t~o. ~ CJ rJlarch 27. 2007 Page 40 of 50 Exhibit G Appendix C - IT Department Standard and Operating Procedures Technical Architectural. Compatibility and Supportability Requirements Document (TACS) Required Contract Items: Any IT asset (hardware, software, service) vendor shall agree to the following criteria within a contract or by written acknowledgement before installation of any IT Asset will be accepted by Collier County and allowed to connect to the Agency Network. RCI.01. RCI.02. RCI.03. RCI.04. RCI.05. RCI.06. RCI.07. RCI.08. RCI.09. All software application vendors are required to notify Collier County when new releases become available and when current releases are no longer supported. The vendor must submit any applicable license agreements for any proposed elements including a description of the licensing model, and list prices for all license types and whether or not custom licensing arrangements are available. The vendor must submit any applicable maintenance agreements for any proposed elements including a description of the maintenance plan, software upgrade policies and exclusions, and list prices for all maintenance agreement types and whether or not custom maintenance agreements are available. The supplier of any HIPAA related software applications must provide guidance on HIPAA compliant implementation requirements. All software must comply with all Federal, State and Local regulations. A minimum of Fifteen (15) minutes of finished video training material to be presented .on demand" must be quoted 38 part of the 3cquicition co~t. Not applicable to this contract. Training must be scheduled at least forty-five (45) days in advance to ensure training room availability since multiple implementations are occurring. Training materials, curriculum to be covered and identification of which Collier employees should attend must be provided thirty (30) days in advance of scheduled training. Any training courses that require use of data, data should be installed and tested prior to the scheduled training date. Training for this contract shall be built into the implementation schedule. Suppliers shall notify the IT Department contact named in the maintenance agreement in writing (email is acceptable if acknowledged) 24 hours in advance of any required remote access. Included in this request must be a detailed work plan with actions that will be taken at the time of access. This applies to post- implementation for upgrades, defect fixes and/or configuration changes. The IT Department follows the ITIL framework for change management. Deliverables for Database: · Vendor must provide scripts in order to recreate database schemas, stored procedures and etc. · Database schema with a data dictionary detailing all entities and attributes. · Recommended practices document for support and maintenance of the database. RC1.10. Any vulnerabilities or exploits discovered by the vendor or others for the proposed application must be reported to Collier County Govemment immediately with a proposed mitigation strategy. RC1.11. All vendor access will be done via named account VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMA 5402 and CMA 5403, CMA 5405, " ." . ~~;~ :_i;- "~:;.": ~. _ . . -,.'. ?-:-:".~i-~' -..; ....;:..r. _ ~,. . .. ~. ". -'-~-~.....~--~-~-- . The candidate software application proposal must include a hardware topology and recommended hardware configurations. o Deliverables: · Full installation documentation (workstation and server) . Established maintenance routines and procedures must be included with the delivery of the proposed application All software upgrades, fixes and/or changes required by the selected vendor must be installed on a Collier County Standard test environment and certified by the project team prior to moving into a production environment; currently this is a Microsoft environment. The supplier shall attest in writing that they shall support all Microsoft security patches and updates within fifteen (15) days of release. Software vendors will acknowledge in writing prior to selection, that Collier County Government will own any and all data and the database that data resides on. All software applications submitted to Collier County Government are required to submit the following documentation if short listed for the final selection process. Documentation must be in electronic format (preferred in MS Word or PDF). Documentation is required to be updated with a new versions or upgrades. Collier County reserves the right to copy documentation for internal use only. The number of copies of all documentation must correspond with the number of bound responses requested during the Request for Proposal (RFP) Process. RCI.12. RC1.13. RC1.14. RCI.15. RC1.16. RCI.17. RCI.1B. "....:;...... Agenaa'ltem.Nb:-'10J March 27, 2007 Page 41 of 50 o Documentation: · End-User training documentation · Administration documentation · Installation documentation · Maintenance documentation · Disaster recovery documentation · Procedures specific to the application · Information Flow Diagram of Application upon completion of project The vendor shall provide training in the operation and maintenance of the system for the County's Information Technology support staff. Training shall cover the fundamental design of the software and the mechanics of the operating program. Training shall be structured such that designated trainees will understand the operation, maintenance, backups, security and the database of the system. Appendix"N Proof of Concept for Addressing. Appendix "S" Application Silent Installation Proof of Concept ""~',- f-',geliGCi (It':Hll I\lO, IUJ March 27, 2007 Page 42 of 50 Exhibit H CityView Implementation Schedule i I I .';.,.;.'-'~- . " ,~ -'-----'-----:..::::---- -n....o OOLD ,,-r;;-O........ ':"\10 1~C'0 01'<1" Er-(J) (J)- 0) _c..:>co ~roll. -02: c: Q.) OJ <( j t/) :I:: e: E-i ,g !! H ::I (Xl 0 H :I:: :< ril J ~ J l'! ~ i 0. I~ I~ II I I I ' i III : i I i 'I I! II' i :~ lB I ! ..I-II it) I I I I 1 I t) t) t) I I.. ~ - It) 't) It) (J I li=8~ !~ :~.~ l'~ I I I : :!f:2 ! i~ I~ '~" ,i 1.;1 :~ i~ I:~ i~ I "'~I luI8 :..:1 I I ~ ,0. I ..: ..:1..: ,q. c$. 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'~ VI I) ,Z ., ~ rCD ,., >- :>- j> :>- >- >- i>- '>- ! , u .Jii:",...~ ' Agenda Item No. 14A March 27, 2007 Page 1 of 19 EXECUTIVE SUMMARY Recommend the Board of County Commissioners (BCC) acting in the capacity of the Collier County Community Redevelopment Agency (CRA) review and approve the 2006 Annual Report of the CRA, required by Florida Statute 163.356(3)(c), direct the County Manager or his designee to file the Annual Report with the Clerk of Courts and publish notice of the filing, and approve a Resolution to modify the CRA Bylaws, as provided for within Resolution 2001-98. OBJECTIVE: To have the BCC, acting in the capacity of the CRA, to review and approve the 2006 Annual Reports (Exhibit "A") of the CRArequired by 163.356(3)(c), Florida Statutes, by March 31; direct the County Manager or his designee to file the Annual Report with the County Clerk and publish notice of the filing, and to approve a Resolution to modify the CRA Bylaws, which require an annual meeting be held in January, to require the annual meeting to be held in March to align with the Florida Statute fiscal annual report March requirement. CONSIDERATION: The Collier County Community Redevelopment Agency (CRA) was established pursuant to Resolution 2000-83 adopted on March 14, 2000 by the BCC pursuant to Part III, Chapter 163, Florida Statutes. The area of operation of the CRA consists of the Immokalee Community Redevelopment Area and the Bayshore/Gateway Community Redevelopment Area. The purpose of the CRA is to undertake and implement improvements as provided for in Florida Statutes and the adopted redevelopment plans. 163.356(3)(c), Florida Statutes require that on or before March 31 of each year, a report of the CRA activities for the preceding fiscal year be filed with the governing body. Attached are the 2006 individual budgets for the Immokalee CRA and the Bayshore/Gateway CRA (Exhibit "B" and Exhibit "C"), as well as the 2006 annual report which describes the activities of each CRA during the reporting period. Please note that a complete audit of the 2006 CRA financials was performed along with an overall audit of Collier County, pursuant to Florida Statute Sec. 163.387(8), and is not a part of this report. _. In addition to the review of the annual report, the executive summary is seeking to modify the bylaws which govern the purpose and requirements of the CRA. Direction to modify the bylaws as described was provided by the Board during the January 23, 2007, public hearing. Within Resolution 2001-89, the CRA is required to hold an annual meeting in January of each year. The resolution is absent of specifics on subject matter of the required meeting, but has been utilized in the past by the CRA to appoint or reaffirm the Chair and Vice-Chair for the CRA. The timing of the requirement for filing the annual report in March by 163.356(3)(c) Florida Statutes, and the local requirement of the annual meeting in January by Resolution 2001-98 provides for an inefficiency within the process. This executive summary is proposing to modify the bylaws to require the annual meeting in March. The bylaws within Article IX Amendments allow for the bylaws to be Agenda Item No. 14A March 27, 2007 Page 2 of 19 amended at any duly constituted meeting of the CRA by an affirmative vote by the majority of the CRA members present. The only change in the CRA Bylaws associated with Resolution 2001-98 is for the requirement of the annual meeting to be held in March and not January as currently required. All other bylaws relating to the eRA have been left in tact. FISCAL IMPACT: None. The express purpose of this action is to direct the filing of the 2006 Annual Report with the Collier County Clerk of Courts and publication of the filing. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item has been reviewed and approved by the Office of the County Attorney. - RECOMMENDATION: That the Board of County Commissioners (BCC) acting in the capacity of the Collier County Community Redevelopment Agency (CRA) review and approve the 2006 Annual Report required by 163.356(3)(c), Florida Statute and direct the County Manager or his designee to file the 2006 annual report with the Clerk of Courts and publish notice of the filing and review and approve a Resolution to modify the CRA Bylaws, to change the annul meeting requirement from January to March. Prepared by: Mike Bos~ AICP, Community Planning and Redevelopment Manager, Comprehensive Planning Department ~ ,- Item Number: Item Summary: Meeting Dale: Agenda Item No, 14A March 27, 2007 Page 3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 14A This Item to be heard at 11 :30 a.m. The executive summary is seeking to have the BCC. acting in the capacity of the CRA; to review and approve the 2006 Annual Reports of the CRA required by 163.356(3)(c), Florida Statutes, direct the County Manager or his designee to file the Annual Report with the County Clerk and publish notice Of the filling, and to modify the CRA Bylaws. which require an annual meeting be held in January, to require the annual meeting to be heid in March to align With the Flonda Statute fiscal annual report March requirement. 3/27/2007900:00 AM Principal Planner Date Prel'ared By Mike Basi, AICP Community Development & Environmental Services. Zoning & Land Development Review 3/4/200710:10:39 AM Principal Planner Date Al'l'roved By Mike Basi, AICP Community Development & Environmental Services Zoning & Land Development Review 3/41200710:29 AM Thomas Greenwood Principal Planner Date Al'p roved By Community Development & Environmental Services Comprehensive Planning 3/5/2007 7:51 AM Marlene Stewart Executive Secretary Date Al'proved By Community Development & Environmental Services Community Development & Environmental Services Admin. 3/12120074:46 PM David Jackson Executive Director Date Al'proved By Community Redevelopment Agency Bayshore-Gateway Redevelopment 3/12120075:42 PM Al'proved By Randall J. Cohen Community Development & Environmental Services Commuinty Planning and Redevelopment Manager Date Comprehensive Planning 3113/20079:04 AM Date Al'proved By Marjorie M. Student-Stirling Assistant County Attorney 3/13/20071:39 PM Al'proved By County Attorney County Attorney Office Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/1312007 3: 39 PM OMB Coordinator Administrative Assistant Date Al'l'roved By County Manager's Office Office of Management & Budget 3/1412007 8:30 AM Mark Isackson Budget Analyst Date Al'l'roved By County Manager's Office Office of Management & Budget 3/2012007 8: 14 AM Apl'roved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3120/2007 8:09 PM <(r--cn ~D...- ...-D_ .N 0 o -"<t" Z8;j(l) E..c OJ (l)(.)C1J _~o... -C1J {g2 c (l) OJ <( ~SG;80 ~~-go- ;:.. CQ t&. 00 0 00 0 0\ r-- V) ",. 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O:lll.l..... ~UfZl~~~g~ L:.. -...,--~ ;:::: ao 00 lI'l o ~ >- ;.:., E- Z tU ~ :::.. o ....J ;JJ > :..:.J Cl ~ ~-g"'ggoogo ~a"'Ooo~ 00 .g~...-:....: ..; >- <: ..... 00 0-, 0- U. v: ~11l:;~N"'OOO ~te::~~~~ R ;:<"",.,;'''';.0''': .r. t.o.. l,:Jr<)::l 00 WJ ....J ;:;l Z <: ~ >- < :s ~ < o i:::J ~ o ::t (.fJ >- <: ctl o z :::> L:.. :a- :< c(j - iC E '2 ;::!! 0:1 :J ,!::! ~ cS 8 e; .~ ~ '-" '= '~~I.IJ~sE ';:: - 0 C <I) ::: l! '- - s ?t lU g 5l ! ,~ 'i t ~ il8.~...:lC <0..0 uOo:: c:(f- 8 - ~~~~~ .. .. If' ........" N\OlI'l-.o 0'\0 ~ O'\N "l - ..... ..... N 8 00000 0000 lI'lor, I.rl 0 0\ ~ ...... r-: OO-.:t-N >0- N. - o - \0 o o o o f- l'-. - ---- 88888 V\ V\ V\ 0Cl ..... .. .... "-" O\MV")- OO~ ...., \0- 0'\ V\ g. QONNO 00 f"""...... M 0 V) "'" ~o..::5"; N - M V'l - 00 \0 N ;!l 5 ".;::I <<l -t:; c. o ... 0.. ~ 1 i- ---- - - - '-' '0 :::3 8U, '-'Q "'0 CU u ~ 0 t: u.o "t:l~ ~ t;; :; c2 il.il 0 ::; ! cu :=...:~t;~a ~~~~i~ JlI!- E- .5 ~ c:( Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 6 of 19 COLLIER COUNTY CRA 2006 ANNUAL REPORT (Bayshore/Gateway Triangle and the lmmokalee Redevelopment Areas) 1. Business firms and individuals assisted by the community-based development organization: A. Immokalee Redevelopment Area Residential Impact Fee Deferral Program Ricardo Frias Marco Paredes Claudio Ortega AuTnandoEscobedo Felicia Jackson Joe Ramirez Agnes Mendoza Leticia De Leon Joel Delgado Linda Reyes Diego Perez Anne Esterlin Oton Estrada Pastor Mendoza Bulmaro Hernandez Simon Conde Elizabeth Munoz Alejandrino Guzman Tax Stimulus Program None Fee Payment Assistance Program Guadalupe Center Training and Manufacturing Institute Advanced Medical, LLC B. Bayshore/Gatewav Triangle Redevelopment Area Site Improvement Grant Proiects are matching proiects and have 12 months to complete work GRANT Project Project No. NAME GRANT Cost Cost ADDRESS TYPE Amount Estimate Actual SIG 01/2006 Kevin Seig $8,000.00 $ 22,405.00 $ 21,336.90 Lakeview Residential SIG 02/2006 Peter Canalia $8,000.00 $104,040.00 Bayshore Commercial SIG 03/2006 Sal Palumbo $8,000.00 $ 27,650.00 $16,500.00 Shadow lawn Commercial SIG Jim King $8,000.00 $ 20,700.00 $ 18,580.00 Captains Residential Agenda Item No. 14A March 27, 2007 Exhibit "A" Page 7 of 19 04/2006 Cove SIG OS/2006 Fil Mastrocola $8,000.00 $ 22,472.02 $ 25,215.84 Terrace Commercial SIG 06/2006 Ozlyn Gardens $8,000.00 $ 37,420.00 $ 31,999.96 Arbutus Residential SIG 07/2006 Don Sheehan $8,000.00 $ 24,571.00 $23,030.90 Manorca Residential SIG 08/2006 Don Craig $8,000.00 $ 24,250.00 $ 24,250.00 Sabal Court Residential SIG 09/2006 Alan Crum $8,000.00 $ 27,300.00 Weeks Residential SIG 10/2006 Lula Springer $1,375.00 $ 2,750.00 $ 3,333.49 Weeks Residential SIG Edward 11/2006 Richard $8,000.00 $ 19,028.00 Poplar Residential SIG Murphy Bed Airport- 12/2006 Center $8,000.00 $259,028.00 $185,500.00 Pulling Commercial SIG 13/2006 Cloe Waterfield $8,000.00 $ 25,255.00 Lake Residential SIG 14/2006 Inngard Powers $1,505.00 $ 3,010.00 $ 3,973.00 Lakeview Residential Obligated $98,880.00 $619,879.02 $353,720.09 Funding ($100,000) Remaining ($1,120.00) Impact Fee Assistance Project None 2. Type, source, purpose, and amount of each individual grant, loan, or donation received by the community-based development organization during the reporting period. A. Immokalee Redevelopment Area None. B. Bavshore/Gatewav Triangle Redevelopment Area Bayshore Gateway Triangle Redevelopment Area received $40,950.00 in private donations ($450 per lot - cash) by citizens that own property on three dirt roads as their contribution to a CRA funded road paving project. The project was three 1;.l mile dirt 2 Agenda Item No. 14A March 27,2007 Exhibit "A" Page 8 of 19 roads to be paved with a new paving product called flex-pave. The project's total cost was $71,203.00. Property owner making donations are: NAME STREET LOT# FOLIO # PAID The Kalines Andrews Ave 55 48782040007 $450 R. &T. McDonald Andrews Ave 56 48782080009 $450 Andre Jean Andrews Ave 57 48782120008 $450 Michael Tomany Andrews Ave 58 48782160000 $450 Michael Tomany Andrews Ave 59 48782200009 $450 Michael Tomany Andrews Ave 63 48782320002 $450 Michael Tomany Andrews Ave 64 48782360004 $450 Abel Ramierez Andrews Ave 65/66 48782400003 $450 Ed & Liza Hogan Andrews Ave 67/68 48781440006 $900 P. & D. Pierce Andrews Ave 69/70 48781360005 $900 Alan Wensierski Andrews Ave 71 48782640009 $450 Alan Wensierski Andrews Ave 72 48782680001 $450 R. & M.Cortada Andrews Ave 73 48782720000 $450 R. & M. Cortada Andrews Ave 74 48782760002 $450 Edward Hill Andrews Ave 75/76 48782800001 $900 Brian Jones Andrews Ave 77 48782840003 $450 Charlotte Kerin Andrews Ave 78 48782880005 $450 S. MacClugage Andrews Ave 79 48782920004 $450 Alisha Cage Andrews Ave 80 48782960006 $450 Go Ida Rainbo It Andrews Ave 81 48783000004 $450 PT Sunny Andrews Ave 82/83 48783040006 $900 Alberto Sarabasa Andrews Ave 84 48783080008 $450 D. Ysme Adeka Andrews Ave 85 48783120007 $450 R. & M. Cortada Andrews Ave 87 48783200008 $450 Roger Combs Andrews Ave 88 48783240000 $450 Rogelio Galindo Andrews Ave 89/90 48783280002 $900 Socorro Whiteway Andrews Ave 93 48783400002 $450 Socorro Whiteway Andrews Ave 94 48783440004 $450 David Beatty Andrews Ave 97 48783560007 $450 Alisha Cage Andrews Ave 99 48783640008 $450 AIisha Cage Andrews Ave 100 48783680000 $450 Maria J ost Andrews Ave 102 48783760001 $450 Alberto Estrada Andrews Ave 103 48783800000 $450 NAME STREET LOT# FOLIO # Woodside Michael Rice Ave 107 48783960005 $450 Woodside Michael Rice Ave 108 48784000003 $450 3 Agenda Item No. 14A March 27,2007 Exhibit "A" Page 9 of 19 Woodside N. & C. Neal Ave 109 48784040005 $450 Woodside N. & C. Neal Ave 110 48784080007 $450 Woodside George Conley Ave 114 48784200007 $450 Woodside Richard Licare Ave 120 48784320000 $450 L. Altaatz/E. Woodside Pierce Ave 123 48784480005 $450 Woodside Richard Staley Ave 124 48784520004 $450 Woodside John Fillmore Ave 127 48784640007 $450 Woodside Scott Reese Ave 128 48784680009 $450 Woodside Paul Martin Ave 131 48784800009 $450 Woodside Francisco Galindo Ave 133 48784880003 $450 Woodside Francisco Galindo Ave 134 48784920002 $450 Woodside Casey & Turville Ave 135 48784960004 $450 Woodside Don & E. Blum Ave 136 48785000002 $450 Woodside Don & E. Blum Ave 137 48785040004 $450 Woodside Don & E. Blum Ave 138 48785080006 $450 Woodside Don & E. Blum Ave 139 48785120005 $450 Woodside R. Poundsberry Ave 141 48785200006 $450 Woodside Alfred Fisikelli Ave 142 48785240008 $450 Woodside Alfred Fisikelli Ave 143 48785280000 $450 Woodside Mark Owens Ave 144 48785320009 $450 Woodside Michael Tomany Ave 145 48785360001 $450 Woodside P. & A. Pierce Ave 153/154 48785640006 $900 Woodside Ernest Be1izaire Ave 155 48785680008 $450 4 Exhibit "A" NAME STREET LOT# FOLIO # Pine Tree Vanessa U zupes Drive 5 48780160002 $450 Pine Tree Ed Thomas Drive 6 48780200001 $450 Pine Tree Keith Whipple Drive 7 48780240003 $450 Pine Tree LinzeI Jeffrey Drive 17 48780640001 $450 Marcille Pine Tree Reinbergs Drive 18 48780680003 $450 Pine Tree Alan Wensierski Drive 19 48780720002 $450 Pine Tree Alan Wensierski Drive 20 48780760004 $450 Pine Tree Alan Wensierski Drive 21 48780800003 $450 Pine Tree Alan Wensierski Drive 22 48780840005 $450 Pine Tree Alan Wensierski Drive 23 48780880007 $450 Pine Tree Alan Wensierski Drive 24 48780920006 $450 Pine Tree P. & D. Pierce Drive 25 48780960008 $450 Pine Tree P. & D. Pierce Drive 26 48781000006 $450 Pine Tree J & J Horn Drive 27/28 48781040008 $900 Pine Tree John Horn Drive 29 48781080000 $450 Pine Tree Alan Wensierski Drive 30 48781120009 $450 Pine Tree P. & D. Pierce Drive 35/36 48781360005 $900 Pine Tree Ed & Liza Hogan Drive 37/38 48781440006 $900 Pine Tree D. & B. Heuss Drive 42 48781600008 $450 Pine Tree PT Sunny Drive 43 48781640000 $450 Pine Tree lain Beaton Drive 44 48781680002 $450 Pine Tree lain Beaton Drive 45 48781720001 $450 5 Agenda Item No. 14A March 27,2007 Page10of19 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 11 of 19 Pine Tree Robert Rahal Drive 46 48781760003 $450 Pine Tree Bryan Rahal Drive 47 48781780009 $450 $40,950 3. Number of paid and voluntary positions within the community-based development organization. A. lmmokalee Redevelopment Area . (1) paid County staff liaison and (13) advisory board volunteers B. Bayshore/Gatewav Triangle Redevelopment Area . (1) paid Executive Director, and (9) advisory board volunteers 4. Salaries and administrative and operating expenses of the community-based development organization. Please see attached spreadsheets. 5. Identification and explanation of changes in the boundaries of the target area. A. lmmokalee Redevelopment Area The boundaries of the lmmokalee community redevelopment area have not changed since 2004, when the boundaries were expanded to include areas adjacent to it, finding that conditions there met the statutory criteria for blight. B. Bavshore/Gatewav Triangle Redevelopment Area None. 6. Amount of earned income from projects, programs, and development activities. A. lmmokalee Redevelopment Area None. B. Bayshore/Gateway Triangle Redevelopment Area None. 6 Exhibit "A" Agenda Item No. 14A March 27,2007 Page 12 of 19 7. Number and description of projects in redevelopment phase, projects under construction, ongoing service programs, construction projects completed, and projects at sellout or lease-up and property management phase, and a written explanation of the reasons that caused any projects not be completed for the projected development phase. A. Immokalee Redevelopment Area The Immokalee Redevelopment Advisory Board's current major activities to improve the Immokalee Redevelopment Area include: · Updating the Immokalee Area Master Plan (lAMP) through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group · Updating of the local development Immokalee Overlay Zoning District through a collaborative effort involving the Immokalee Master Plan Visioning Committee, the public, the Immokalee community and the RMPK Group. Completion of this code amendment is expected in 2008. The new regulations will act as a redevelopment "tool" to provide zoning flexibility where the underlying zoning regulations are more restrictive to facilitate quality development and redevelopment. · Initiated efforts to refurbish the State Farmers' Market by working with the State Department of Agriculture and Consumer Services with completion of work expected in 2007 or 2008 · Completion of the 3-Year Impact Fee Deferral Program on November 18, 2006, with funding through the Immokalee Redevelopment Fund which assisted more than 130 low and moderate income homeowners · Recommendation to fund the construction of 10th Street using a variety of funding sources, including some Redevelopment Area funds · Support the FSU Medical Center Project on which the Board was advised in September, 2006, could become reality in 2008 · Arrowhead mixed-use residential development (600 + units complete or under constructi on) · Supported efforts to consolidate one stop center next to the proposed new career center on a central campus site opposite the high school 7 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 13 of 19 . Completion of 30,000 Sq Ft 10-unit building for small business incubators B. Bayshore/Gateway Triangle Redevelopment Area . Ongoing service programs include the Site Improvement Grant Program for residential and commercial property. FY06 $100,000 budgeted for up to $8,000 matching grants. In FY06 fourteen (14) grants awarded ($98,880.00) with a total estimated private investment of$342,901.93. (See paragraph 1 above). . The Bayshore Gateway Triangle CRA successfully contracted for and paved six (6) residential dirt roads. At project completion, all roads and streets within the CRA are paved. o The owners of three privately owned roads (not accepted by the county) made private contributions towards the project. Project cost: $71,203.00. See paragraph 2 above for details. o Three (3) other county maintained dirt roads (Catherine Avenue, Lee Street, and Manorca Avenue) were also paved solely with CRA funds. Project cost: $30,190.00. . Bayshore/Gateway Triangle zoning overlays (Bayshore Mixed Use Development and Gateway Mixed Use Development) were approved by the Board of County Commissioners (BCe) in March 2006. The $325,000 planning project was completed by the consulting firm HDR, Inc. . The CRA partnered with the local Beautification MSTU Board to develop a residential streetscape workbook to assist neighborhood residents with the design of street improvements. Project cost: $29,000.00. The planning project was completed by the consulting firm A. Gail Boorman & Associates, Inc. . The CRA completed two updates to the CRA's 2004 Market Study. The project was completed by the consulting firm Real Estate Research Consultants: o Update to the projected Tax Increment Financing (TIF) revenues expected over the next 20 years. Project cost: $3,000.00. o Update to the Residential Market Study to determine the trends in residential development, redevelopment and to analyze the potential for CRA residential infill projects. Project cost: $17,500.00. . Engineering of Davis Boulevard transportation safety street lighting project continued with 90% of the design plans being completed. Project is expected to be bid in the spring 2007 after final approval from FDOT is received. The project estimated cost: $1.3M - 1.5M (county cost - with $635,000 FDOT grant awarded 8 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 14 of 19 in 2004) with the CRA contributing $150,000 towards the upgrade of the 88 light poles from standard FDOT spun aluminum to designer sheppard's hook style. · The CRA commissioned the Bayshore-Shadowlawn Transportation Corridor Study in conjunction with the Collier County Transportation Division. The study is to determine public infrastructure improvements to this corridor and make recommendations to the CRA and Transportation Division to correct deficiencies and increase public safety. This project is identified in the CRA Master Plan. Project cost: $114,000 ($54,000 CRA contribution). Project completion date is January 2007. The project was awarded to by the consulting firm Carter & Burgess, Inc. · The CRA recommended approval of its first Mixed Use Project, Arboretum Village, which complied with the Bayshore Mixed Use Overlay. This 415 residential and 140,000 square feet commercial project will be a redevelopment of a 200 unit, 20 year old apartment complex that doesn't meet current building codes. The project planner, Planning Development Inc., will deliver its Site Development Plan to the County in March 2007 for approval. · A private enterprise venture, Botanical Place - a planned unit development, a 218 unit (including 46 affordable housing units) received its final Certificate of Occupancy. · A private enterprise venture, Cirrus Pointe - a planned unit development (PUD), a 108 unit (including 34 affordable housing units) received its PUD approval and plans to complete its SDP in early 2007. · A 501(c)(3) venture, Naples Botanical Gardens, received a $10M donation from a local benefactor to assist funding the botanical garden's site development plan. The CRA is working with the Gardens to install perimeter sidewalks in the right- of-way. · The CRA acquired a $7M Line of Credit from Wachovia Bank to conduct property acquisitions that support the Redevelopment Master Plan as identified as area catalyst projects. · The CRA purchased 17 acres of undeveloped land identified in the CRA Master Plan for $4.6M to plan a mixed use entertainment center project that will include a mix of housing (including artist lofts), commercial space (that supports public activities and cultural activities), a public access pathway through the land to a county regional park, and a multi-use cultural center to support the underserved local community. The CRA will advertise a Request for Proposals (RFP) for design build teams in early 2007. · The CRA has worked closely with County Stormwater Department to survey an area prone to flooding and design a stormwater retention pond system to meet 9 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 15of19 quality and quantity requirements. The CRA's participation facilitated the planning and design of a community walking/jogging path around the pond's perimeter to add a community asset to the site. . The CRA contributed $529,000 from CRA reserves to purchase 1.48 acres of additional land for future pond expansion. The additional land will give the CRA stormwater credits to use as an incentive to encourage future redevelopment in the area. 8. Impact of the projects, as a result of receiving funding under the eRA Act, on residents in the target area and the relationship of this impact to expected outcomes listed in the organization's annual revitalization plan. A. Immokalee Redevelopment Area The Immokalee Weed and Seed program has substantially benefited residents in the target area - while concurrently aligning itself with the redevelopment plan. In accordance with Section 4.4 of the plan (Community Objectives), the enhancement of the community image and the perception of the community as a safe town are emphasized in the area in order to "increase community policing activities; maximize current recreational activities; create an incentive program for litter control and neighborhood cleaning." Also, under Section 4.7 (Redevelopment Area Goals), "neighborhood stability is encouraged through the implementation of additional streetlights, sidewalks, and the landscaping throughout the community." B. Bavshore/Gatewav Triangle Redevelopment Area. Each project's impact has an ongoing affect as residents discover new amenities or get to use improved infrastructure. Indirect monetary affects are realized by the CRA as CRA nF continues to increase each year, thus providing more revenues to reinvest in CRA Redevelopment Master Plan projects. · The Site Improvement Grants resulted in the approval of 14 projects and a 3: 1 private to public dollar match. · The Bayshore & Gateway Triangle Zoning Overlays have encouraged one mixed use project and energized property owners to consider redevelopment of their property. 10 Exhibit "A" Agenda Item No. 14A March 27,2007 Page 16 of 19 · The CRA's sponsorship and project management of the residential road paving has increased the quality of life for those with houses on these streets, and property values have also increased as a result of the paved street. . Property owners (residential and commercial) understand the lengthy time involved in designing and permitting an area-wide stormwater project. Even though construction has not begun, the land owners know it is coming in the near future. · The Davis Blvd commercial corridor businesses have requested transportation lighting on their section of a 6-laned divided arterial road for years. They appreciate that funding has been secured to construct the project. . Bayshore-Shadowlawn Corridor Study has identified pedestrian and cyclist improvements at key locations nears local churches and elementary schools. Heavy public participation in the planning process ensured the public's buy-in to the results and recommendations of the fmal report. . Two residential condo projects with affordable housing components will provide residential units across the entire residential market spectrum; thus building a truly mixed income neighborhood. Once the CRA's 17 acre project is planned and constructed, the local populace will have pedestrian access to a regional park and be provided access to cultural and artistic venues. 9. The number of housing units rehabilitated or constructed at various stages of development, predevelopment phase, construction phase, completion and sellout or lease-up phase, and condominium or property management phase by the community-based development organization during the reporting period. A. Immokalee Redevelopment Area The redevelopment area does not operate a housing rehabilitation program. However, the Immokalee area did successfully operate a 3-year LMI housing impact fee deferral program (which sunset in November 2006) and which helped over 100 low and moderate income families and involved more than $1,000,000 in deferrals. B. Bavshore/Gatewav Triangle Redevelopment Area The Bayshore Gateway Triangle CRA did not have a housing purchase-rehabilitation-sale program in FY06; however that program is being developed for inception in FY07. Private residential development (Botanical Place) with 281 units with 64 affordable II Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 17 of 19 housing units included has received its certificate of occupancy. Cirrus Pointe and Arboretum Village are in the site development plan stage in FY07. 10. Number of housing units, number of projects, and number of persons served by prior projects developed by the organization, the amounts of project financing leverage with state funds for each prior and current project, and the incremental amounts of local and state real estate tax and sales tax revenue generated directly by the projects and programs annually. A. Immokalee Redevelopment Area Tax increments will not be known until the next property tax year, as counties tax one year in arrears, per state law. However, FY 05-06 increments totaled $491,400 and are budgeted at $803,800 for the current fiscal year ending on September 30th, 2007 The recipients' properties listed above will be analyzed in the next fiscal year for property tax increases. B. Bavshore/Gatewav Triangle Redevelopment Area · There were no CRA generated, funded and controlled housing projects during this period. · The Davis Blvd FDOT lighting project received $635,000 in a FDOT grant in 2004. That grant will be matched by county transportation funds and CRA matching funds to upscale the light poles. · Local real estate tax (county property tax) collected above the base year 2000 has continued to increase as property values increase and as property changes hands thus tripping the County Tax Assessor's re-evaluation of the land/property. · This portion of the CRA has witnessed a doubling of real estate taxable values between 2000 and 2005 (taxes are paid in arrears). o Year Taxable Value nF o 1999 $288,081,106 ZERO o 2006 $752,488,224 $1,940,383 11. The number of jobs, both permanent and temporary, received by individuals who were directly assisted by the community-based development organization through assistance to the businesses such as loan or other credit assistance. A. Immokalee Redevelopment Area 12 Exhibit "A" Agenda Item No. 14A March 27, 2007 Page 18 of 19 N/A B. Bayshore/Gateway Triangle Redevelopment Area N/A 12. Identification and explanation of changes in the bouBdaries of the service area. A. Immokalee Redevelopment Area As previously stated, there have been no changes to the boundaries of the Immokalee Redevelopment Agency B. Bayshore/Gatewav Triangle Redevelopment Area None. 13. The impact of completed projects on residents in the target area and the relationship of this impact to expected outcomes listed in the organization's annual revitalization plan. A. Immokalee Redevelopment Area There have been no completed projects during FY 05-06. B. Bavshore/Gateway Triangle Redevelopment Area Each project's impact has an ongoing affect as residents discover new amenities or get to use improved infrastructure. Indirect monetary affects are realized by the CRA as CRA TIF continues to increase each year, thus providing more revenues to reinvest in CRA Redevelopment Master Plan projects. 13 Agenda Item No. 14A March 27, 2007 Page 19 of 19 CRA RESOLUTION NO. 07-_ A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, AMENDING CRA RESOLUTION NO. 2001-98 AS IT RELATES TO THE BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY. WHEREAS, on March 27, 2001, the Collier County Community Redevelopment Agency (CRA) approved CRA Resolution 2001-98 which adopted bylaws for the CRA and its advisory boards; and WHEREAS, the CRA wishes to amend Section I a) of Article V of its bylaws as it relates to its annual meeting, and has determined that all requirements necessary to amend this bylaw have been met. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, that 1. The Bylaws of the Community Redevelopment Agency of Collier County, Florida, are amended as follows: ARTICLE V. MEETINGS SECTION 1. Meetings: The Board shall schedule meetings as needed to carry out its duties in accordance with these Bylaws and shall follow the procedures outlined in Section 2-36 - 2-41 of the Code of Laws and Ordinance of Collier County unless otherwise specified below. a) Annual: An annual meeting of this Agency shall be held in the month of :f.atHttlFy March of each year, and on the date and at the time and place to be determined by the Board, if other than at a regular meeting. 2. Except as modified above, the Bylaws adopted through CRA Resolution No. 2001-98 shall remain in full force and effect. This Resolution adopted after motion, second and majority vote, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, CHAIRMAN , Deputy Clerk Jeffrey Mana ...- - Agenda Item No. 148 March 27, 2007 Page 1 of 20 EXECUTIVE SUMMARY Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore/Gateway CRA) (Companion item to IOD) OBJECTIVE: Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to approve the acquisition of property, and Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase and sale of property. Collier County Ordinance 2000-42 establishes the Redevelopment Trust Fund and appoints the governing body of the Community Redevelopment Agency (the BCC) as the trustee of the Redevelopment Trust Fund and states that funds shall be disbursed from the fund as provided by the CRA agency. On July 25, 2006 the CRA Board signed CRA Resolution 2006-197 that approved a non- revolving Line of Credit with Wachovia Bank as a result of a CRA advertised Invitation To Bid. (ITB), and the BCC signed BCC Resolution 2006-198 that approved the CRA's Line of Credit with Wachovia Bank. CONSIDERATIONS: The Community Redevelopment Agency Local Advisory Board has identified several pieces of property important to the proactive development of the Gateway Triangle sector of this CRA. This tract of land is identified in the CRA Master Redevelopment Plan as a potential site for a catalyst redevelopment project - Exhibit A. CRA acquisition of targeted parcels within the mini-triangle will provide the CRA an opportunity to achieve many of the objectives stated in the CRA Master Redevelopment Plan. Agenda Item No. 148 March 27, 2007 Page 2 of 20 After months of discussions and negotiations with the property owners in the mini-triangle area, the Local CRA Advisory Board recommends that the CRA Board purchase 1.66 acres of commercial (C-4) land: 1807 Tamiami Trail East; Folio # 00386840007. An assignable real estate purchase contract for $3.5 million for this parcel is attached for the CRA Board to review and approve for the Chairman to sign. The contract has a due diligence expiration date of July 10,2007 and a closing date of July 30, 2007. The Bayshore Gateway Triangle CRA Trust Fund does not have the cash reserves to purchase the land; however, the CRA does have the financial strength in its nF growth projections to incur another line of credit up to $12 million - Exhibit B "PFM's Memorandum: Funding Options and Debt Capacity of the CRA". Based upon discussions with the County's Finance Committee, independent financial advisor as well as bond counsel, the preferred borrowing vehicle is a commercial bank loan procured via invitation to bid. Since a significant portion of this real estate may be sold to a developer, this transaction does not meet federal tax law requirements for a tax-exempt debt issuance. Therefore, conventional tax-exempt municipal debt or commercial paper cannot be used. Securing a taxable loan provides the best approach for a timely and cost effective financing. Since CRA tax increment revenues are pledged to pay debt service, notification to all affected taxing bodies will be necessary no less than fifteen (15) days before closing the transaction. Due to the high cost to acquire large sums of financing, an additional loan amount over the purchase price of this parcel is requested as a set-aside for the future acquisition of other parcels within the mini-triangle and surrounding the identified site, to cover the cost of site preparation/demolition, future infrastructure improvements and incurred administrative costs. The Collier County Finance Committee reviewed Exhibit B and the request to advertise for second bank line of credit. By motion, the Committee recommended that with approval of the CRA Board and BCC, the CRA should proceed with an Invitation To Bid for $9 million. The county's financial advisor and bond counsel indicate that the invitation to bid process together with closing on the loan proceeds can be completed within the contractual timelines. FISCAL IMPACT: Sufficient budget is available in the Bayshore/Gateway Triangle Fund (187) to cover the $100,000 earnest money deposit for the 1.66 acre parcel. CRA tax increment revenues are sufficient to cover projected debt service payments on the $9M financing and all other CRA debt requirements. Budget amendments will be necessary to set up the required debt service reserve and acknowledge draws on the line of credit. This financing will require the pledge of CRA tax increment revenues as the debt repayment source as well as other ministerial language required by statute. It is envisioned that all enabling documents will be negotiated and prepared for subsequent BCC and CRA approval assuming the BCC and CRA authorize this acquisition to proceed. Agenda Item No. 148 March 27, 2007 Page 3 of 20 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. LEGAL CONSIDERATIONS: Once the Bank is selected through the invitation to bid process, bond counsel together with staff from administration and the county attorney's office will prepare all of the necessary loan documentation which will be presented to the CRA and the BCC for approval. The financing will be done under the authority of Chapters 125 and 163, Florida Statutes. RECOMMENDATION: Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. Prepared by David L. Jackson on February 11,2007 Executive Director, Bayshore Gateway Triangle CRA Item Number: Item Summary: Meeting Date: Agenda Item No. 148 March 27. 2007 Page 4 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 14B Recommendation for the Collier County Community Redevelopment Agency (CRA) to authonze the Bayshore Gateway Tnangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an emount not to exceed $9,000,000 from a commercial lender selected via InVitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency. and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA fundS as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments (David Jackson. Executive Director, Bayshore/Gateway CRA) (Companion Item to 10D) 3/27/2007900:00 AM Dale Prepared By David Jackson Community Redevelopment Agency Executive Director BayshoreMGateway Redevelopment 3114/20076:29:48 PM David Jackson Date Approved By Community Redevelopment Agency Executive Director Bayshore-Gateway Redevelopment 3/15/200711:21 AM Date Approved By Marjorie M. StudentMStirling Assistant County Attorney 3/15/20072:35 PM Approved By County Attorney County Attorney Office Steve Carnell Date Administrative Services Purchasing/General Svcs Director Purchasing 3/15/20074:11 PM App roved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 3/16120077:39 AM Mark Isackson Date App roved By County Manager's Office Budget Analyst Office of Management & Budget 3119/20075:53 PM App roved By Michael Smykowski County Manager's Office Management & Budget Director Dale Office of Management & Budget 3120/20074:45 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3120/2007 6:52 PM Agenda Item No. 148 March 27, 2007 Page 5 of 20 ASSIGNMENT OF CONTRACT This Assignment of Contract IS made and entered into this 6th day of February, 2007, by and between LEO J. SALVATORI, TRUSTEE, hereinafter referred to as "Assignor"; in favor of COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as "Assignee"). For and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged. Assignor does hereby assign unto Assignee all of its right. title and interest in and to that certain Commercial Contract dated January 31, 2007, by and between Leo J. Salvatori, Trustee, as Buyer; and Fifth Avenue Plaza, LLC, as Seller, a true and correct copy of which Commercial Contract is attached hereto as Exhibit "Ab and incorporated herein by virtue of this reference. AssIgnor also assigns to Assignee aU right, title and interest (if any) in the earnest money deposit made by Assignor to the Seller pursuant to the terms of the Commercial Contract (Exhibit "AU). By execution hereof, Assignee does hereby agree to be bound by the terms and provisions of said Commercial Contract. IN WITNESS WHEREOF, the undersigned has set its hand and.;;ea~e date and year first 1 .1 written above. / ,...,--, ,," : l ASSIGNO~: I I { I ASSIGNEE: COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY Witness No. 1 Signature Witness No.2 Signature By: , as Prolaw:677046 Commercial Contract FLORIDA ASSOCIATION OF REAL TORS@ Agenda Item No. 148 March 27,2007 Page 6 of 20 1. PURCHASE AND SALE: Leo J. Salvatori, as Trustee, or assigns 2' agrees to buy and Fifth Avenue Plaza, LLC, a Florida limited liability company 3' agrees to sell the Property described as: Street Address: 1807 Tamiami Trail East 4' Naples, FL 34112 ("Buyer") ("Seller") 5' Legal Description: See Exhibit "A" attached hereto and made a part hereof 6' 7' and the following Personal Property: 8' 9 (all collectively referred to as the 'Property") on the terms and conditions set forth below. The "Effective Date" of this Contract is 10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day. 13' 2. PURCHASE PRICE: 14' (a) Deposit held in escrow by 15' (b) Additional deposit to be made wi#lffi 2 Salvatori & Wood, P.L. $ $ $ 3,450,000.00 1,000.00 9,000.00 days from Effective Data 16' (c) Total mortgages (as referenced in Paragraph 3) $ N/A '-.7" (d) Other: Addi tional deposit after expiration of Due Diliqence Period $ 90,000.00 3,350,000.00 18' (e) Balance to close, subject to adjustments and prorations, to be made with cash, locally drawn $ certified or cashier's check or wire transfer. 19 20' 3. THIRD PARTY FINANCING: Within days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, apply for 21' third party financing in the amount of $ % or the purchase price to be amortized over a period of _ or 22' years and due in no less than years and with a fixed interest rate not to exceed 0 % per year or variable interest rate not 23' to exceed 0 % at origination with a lifetime cap not to exceed % from initial rate, with additional terms as follows: 24' 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timely provide any and all credit, 26 employment, financial and other information reasonably required by any lender. Buyer will notify Seller immediately upon obtaining 27* financing or being rejected by a lender. If Buyer, after diligent effort, fails to obtain a written commitment within _ days from 28 Effective Date ("Financing Period'), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposit(s) will be 29 retumed to Buyer in accordance with Paragraph 9. 30' Buyer <---> <~ and Seller <---> (~ acknowledge receipt of a copy of this page, which is page 1 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS~ All Rights Reserved LEO J SALVATORI 4001 T AMIAMI TR N NAPLES, FL 34103 -Phone: (239) 263 - 1484 Fax: (239) 649 - 1706 Trudy Smith Produced with ZipForm"" by RE FormsNet, LLC 18Q25 Fifteen M\le Road. Clinton Township. Michigan 48036 'MNW.zipform.com Meridian-Fifth i 31" 4. TITLE: Seller has the legal capacity 32' 0 other 33 but subject to property taxes for the year of 34* other matters to which title will be subject} None 35' 36 provided there exists at closing no violation of the 37* commercial development Agenda Item No. 14B March 27, 2007 Page 7 of 20 to and will convey marketable title to the Property by !Xl statutory warranty deed , free of liens, easements and encumbrances of record or known to Seller, closing; covenants, restrictions and public utility easements of record; and (list any foregoing and none of them prevents Buyer's intended use of the Property as 36* (a) Evidence of Title: Seller will, at (check one) !Xl Seller's 0 Buyer's expense and within ~ days !Xl from Effective Date 39* 0 prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) 40* ~ a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in 41 the amount of the purchase price for fee simple title subject only to exceptions stated above. 42' 0 an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 43 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as 44 a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 45 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all 46 documents recited in the prior policy and in the update. 47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller of title 48 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper 49* written notice and Seller cures the defects within 30 days from receipt of the notice ("Curative Period"). If the defects are 50 cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may 51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are 52 not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to 53 elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in 54 purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 charges and title examination. 56 (c) Survey: (check applicable provisions below) 57' 1XI Seller will, within 5 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and 58* engineering documents, if any, and the following documents relevant to this transaction: environmental assessments I 59' leases, en ti tlement , correspondence wi governmen tal aqencies , prepared for Seller or in Seller's 60 possession, which show all currently existing structures. 61* ~ Buyer will, at 0 Seller's 1&1 Buyer's expense and within the time period allowed to deliver and examine title evidence, 62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the 63' Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with existing 64' encroachments !Xl such encroachments will constitute a title defect to be cured within the Curative Period. 65 (d) Ingress or Egress: Seller warrants that the Property presently has ingress and egress. 66 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. 67* 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in Collier County, Florida on 68' or before the ,or within ~ days from Effective Date ("Closing Date"), unless otherwise extended 69' herein. IXl Seller 0 Buyer will designate the closing agent. Buyer and Seller will, within 170 days from Effective Date, deliver to 70 Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 71 requirements as to place, time of day, and closing procedures will control over any contrary provisions of this Contract. 72 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge 74 any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignment of leases, updated rent roll, 76 tenant and lender estoppel letters. assignments of permits and licenses, corrective instruments and letters notifying tenants of 77 the change in ownership/rental agent. If any tenant refuses to execute an estoppel letter, Seller will certify that information 78 regarding the tenant's lease is correct If Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth 80 facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer 81 will provide the closing statement, mortgages and notes, security agreements and financing statements. 82' Buyer <---> ~ and Seller <---> <~ acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced wilt1 ZIPForm™ by RE FormsNet LLC 18025 Fifteen Mile Road. Clinton Township. Michigan 48035 www.zioform.com Meridian-Fifth .-... ( Ailllnda Item No. 146 83' (c) Taxes, Assessments, Prorations: The following items will be made current and prorated 1XI Ma~ ;CtQ!limo7Date 84' 0 as of .: real estate ~axes, bond and assessment payments assume~lUfia~rest, rents association dues insurance premiums acceptable to Buyer, operational expenses and N I A . If th~ amount of tax~ and assessments for the current year cannot be ascertained, rates for the previous year will be used with due allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially 86' affecting the Property: None , . . . ' 69 Buyer will be responsible for all assessments of .any kind ~hlch. become due and, oWIng o~ or after Effective D~te, unless the 90 improvement is substantially completed as of ClOSing Date, In which case Seller will be obligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FJRPTA") requires Buyer to withhold at closing a 92 portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S,") if Seller is a "foreign person' as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide. at or prior to closing, 94 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding is required 95 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds 96 and Buyer will provide proof to Seller that such funds were properly remitted to the I.R.S. 97" 6. ESCROW: Buyer and Seller authorize Sal va tori & Wood, P. L. 96' Telephone: (239) 263-1480 Facsimile: (239) 649-0158 Address: 4001 Tamiami Trail North Suite 330 99* Naples, FL 34103 to act as "Escrow Agent" 100 to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract. Escrow 101* Agent will deposit all funds received in !XI a non-interest bearing escrow account 0 an interest bearing escrow account with 102' interest accruing to with interest disbursed (check one) 0 at closing 103' 0 at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 104 Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until the parties mutually 105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the 106 escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon 107 notifying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items 108 preyiously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 109 475, Florida Statutes, In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 110 lnterpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 85' -.:! 14 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is' condition, ordinary 5 wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties ,6 other than marketability of title. By accepting the Property "as is", Buyer waives all claims against Seller for any defects in the 117 Property. (Check (a) or (b)) 116* 0 (a) As is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition. 119' !XI (b) Due Diligence Period: Buyer will, at Buyer's expense and within 160 days from Effective Date ("Due Diligence Period"), 120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ("Inspections") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions;. flood zone designation and restrictions; subdivision 124 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property of Buyer's intended use and development. Buyer shall deliver written notice 128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. 129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present "as is' condition. 130 Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, 133 claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of 134 any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien 135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 136 repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the 136 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 139 immediately returned to Buyer and the Contract terminated, 140"Buyer (----.J (----.J and Seller (--.-J (----.J acknowledge receipt of a copy of this page, which is page 3 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipForm™ by RE FormsNe~ llC 16025 Fifteen Mile Road, Clinton Township, Michigan 46035 www.zipform.com Meridian-Fifth Agenda Item No. 148 March 27, 2007 Page 9 of 20 141 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties, 142 conduct a final "walk-through. inspection of the Property to determine compliance with this paragraph and to ensure that all 143 Property is on the premises. 144 (d) Disclosures: 145 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 146 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state 147 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained 146 from your county public health unit. 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 150 Property. 151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the 153 Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or 154' Buyer's intended use of the Property will be permitted 1XI only with Buyer's consent 0 without Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and 156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be retumed in 157 accordance with applicable Florida laws and regulations. 156 10. DEFAULT: 159 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit{s) or (2) seek specific performance. If 161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 162 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) 163 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in 164 full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retains the 165 deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained 166 by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, 166 which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, cost and 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: 172* (a) Listing Broker: Jordan 0 'Mara 173* who is UD an agent of John R. Wood 1XI a transaction broker D a nonrepresentative 174' and who will be compensated by 1XI Seller 0 Buyer 0 both parties pursuant to 1XI a listing agreement D other (specify) 175' 2.5% of Purchase Price 176* 177' 178' (b) Cooperating Broker: Will.iam. J. Bayes who is IXI an agent of Amerivest and who will be compensated by D Buyer 1XI Seller 0 both parties pursuant to cooperating broker D other (specify) 2 .5% of Purchase Price 1XI a transaction broker 0 a nonrepresentative 1XI an MLS or other offer of compensation to a 179' 180' 181* 182* 183* 184* 185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries, 186 introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker 187 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and 186 from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) 169 enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or 190 Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or (4) recommendations of or services 191 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seller. 192" 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise D is not assignable 193*1XI is assignable. The terms "Buyer,. "Seller" and "Broke~' may be singular or plural. This Contract is binding upon Buyer, Seller 194 and their heirs, personal representatives, successors and assigns (if assignment is permitted). 195* Buyer <----> (----> and Seller <---> <---> acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. CC-2 @1997 Florida Association of REAL TORS@ All Rights Reserved Produced with ZipFormThl by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zioformcom Meridian-Fifth . ( i Agenda Item No. 146 196 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an aodenMm-~ ~ ~tact): 197* 0 Arbitration 0 Seller Warranty 0 Existing Mortgage Page 10 of 20 198' 0 Section 1031 Exchange 0 Coastal Construction Control Line 0 Other l' 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other J' 0 Seller Representations 0 Seller Financing 0 Other 201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for 204 aU purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail 205 over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 206 to be fully effective. This Contract will be construed under Florida law and will not recorded in any public records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party. 208 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL 214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 218* DEPOSIT RECEIPT: Deposit of $ 1,000.00 by ~ check 0 other received on 219' January 2007 , _ by 220 Signature of Escrow Agent 221 OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a 222' signed copy delivered to Buyer or Buyer's agent no later than 5: 00 D a.m. !XI p.m. on January 23 ,2007, 3 Buyer may revoke this offer and receive a refund of all deposits. 224* Date: BUYER: Tax ID No: Leo J Salvatori, as Trustee Title: Telephone: (239) 593-3100 Facsimile: Address: 4001 Tamiami Trail North, Suite 330, Naples, FL 34103 225* 226' 227' Date: BUYER: Tax ID No: 228* 229* Title: Address: Telephone: Facsimile: 230* ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (0 subject to the 231 attached counter offer). 232* Date: SELLER: 233' Title: 234* Address: 235' Date: SELLER: 236* Title: 237* Address: Tax 10 No: Telephone: Facsimile: Tax 10 No: Telephone: Facsimile: 238* Buyer <----> (----> and Seller (-> (----> acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. Th~ Florida Association of REAL TORS@ makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. ThiS standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as aREAL TOR@. REAL TOR@ is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REAL TORS@ and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. CC-2 01997 Florida Association of REAL TORSiIll All Rights Reserved Produced with ZipForm™ by RE FormsNet. LLC 18025 Fifteen Mile Road. Clinton. Township, Michigan 48035 WWW.ziDform.com Meridian-Fifth lIgends Item No. MB----- **r* OR: 3911 PGt~~j1 ~~ Exhibit itA It Beginning at the Northwest comer of Section 11, Township 50 South. Range 25 East, in the County of Collier, State of Florida; Thence run North 89039'10" Easl378.50 feel to a point; Thence run South 1024'36" West 6089 feet to a point in the Southerty right-of-way line of State Road No. 858; Thence run along the right-of-way line of said Stale Road No. 858, North 6902747" East 50 feet to a pipe marker. being the POINT OF BEGINNING; Thence contmue along said right-of-way line of said State Road No 858. 235.80 feet to a point marked with an iron pin; Thence run South 00033'21" East 39304 feet to a point on the North line of U.S. Route No. 41; Thence run Northwesterty along the Northerly line of U: S. Route No. 41 to a pipe marker on the said Northerly right-of- w8'1line of U. S. No. 41; thence run North 16023'41. East a distance of 19359 feet to the point or place of beginning. Said property being bounded on the West by property described in a Deed dated August 19, 1963, from Charles Antonopoulos to Cities Service Oil Company. recorded in O. R. Book 148, at Page 471. of the Public Records of Collier County, Florida. Less and Except the lands taken by the State of Florida. Departmenl of Transportation as described in that certain Order ofTaking recorded in Official Records Book 2364, page 1444, of the Public Records of CoRiB( County. Florida. 141 uu~ 31472'ffl.%,da ItEp1l~o. 148 March 27,2007 P,b' Page 12 of 20 P. 02 01/~1/07 'iltOI F~ .. J~-31-20B'? es;S6 ( ---1. ( POLSINELLI JDI'II R WODQ I KC. JRN..!2~~Qnll1OO 09~ In Pn \l9t)C r1l:12!f8t414& lU! .hn 11 2M1 n:21 FAX 1W, 239 i13 e24~ eaao.nlal CI.I"'ItICI ~AUOctAT1CIM OF flf.AIo'T'O". 1- 1,'l~_IlA"&l'" 3. .~_~. .. ~.~. fJI! .,.1._ I' If'lIA' ~ I!IltM'll ~"'* ~ PJ.a_. LlrIC. .a nu:l.... lud.MII J.a..........~ -- ii' ...... 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I: j' '::J :::l ~uc, - " ", ~ <3 S, t3: [_,._____7'.7___-'--" ~ 1 ,,' ", :::l to ~" ./8~ i: .~ (' l .~:~;~f1 ".__I,.z~~.~~zL~~~~~....~..~, .~~,~~, _::~~-,---- : _..~r...r.LI""'A . .U..1r.~':;'~....;."~ar.;" ~.,,---: : ': i r,.:: 'd ,I. ,-#--':' - " : ~.;, " i _<f'.~~ , -.. ' ~.. : i"". L AJ." : ~ L. '1 ~ '~. .:0: : ~n, I ,.,~ ! DQ:,: ~ ~~;. I ~;' 1101 !:q: i ::S' :a: M ~ 1: :1 :! :1 " " ,. ; , i 'j il ) Ii, ': ~ ~ ,1 , 'j ;1 } crt h: clf'( II, , . L. " f._ _ .___,__,,____ _ _,_.__ . . "----,-.----.- ____.._ _,___ J .....,;;;r- - - -- -- -==- The PFM Group ~ 13350 Metro Parkway Suite 302- Fort Myers, FL 33966 Agenda Item No. 148 239D. ?7, 2007 239- - TiJ>a of 20 www February 22, 2007 Memorandum To: David Jackson, Bayshore Gateway Triangle CRA, Collier Cmmty, Florida Mike Smykowski, Collier County Administration Steve MilleL Nabors Giblin & Nickerson FI"OOl: Hal Canary Kelly Ryman Lauren Shelton Public Financial Management. Inc, Re: Funding Options and Debt Capacity of Bay shore Gateway Triangle Community Redevelopment Agency Public Financial Management, Inc. C'PFM") was requested by the Collier County, Florida ("County") Community Redevelopment Agency ("CRA") staff to analyze the remaining debt capacity of the CRA Tax Increment Revenue pledge. PFM has provided several potential structuring options in order to utilize the CRA's debt capacity. In 2006, the CRA borrowed $4.533 million on a $7 million (non-revolving) Line of Credit ("LOC") through Wachovia. PFM reviewed the outstanding LOC loan documents and Wachovia's additional parity debt language when structuring these future debt issuance scenarios. General Assumptions General Assumptions Issue Date May 1. 2007 Term AlIo\\ for 15 veal's of Debt SeD" ice First Principal Date October I. 2007 First Interest Date October 1. 2007 Revenue Constraint Based on Estimated Collection from the CRA - nMedium" Scenano Minimum Coverage 1. 50:\. Scenario 1: Taxable Bond Issue to refinance current LOC and pro\'ide additional monies for future projects. Scenario 2: Taxable Bond Issue \napped arollnd outstanding LOC. Agenda Item No. 148 March 27, 2007 .. . Page 19 of 20 .:==- - - =_....:.:..:= - ~==- ~ Collier County, Florida Febnwry 22, 200~ l'ago: 2 Specific Assumptions Assumptions Scenario 1 Scenario 2 Undel"\\Titer's Discount $()!Bond $(i/Bond Bond Insurance 35 bos 35 bps Surety Polic\ 3.(l()(!;, 3 .O()/\'o FL AAA/lns. Revenue FL AAAJlns. Revenue Interest Rate T<L\:able Scale (2il010(,) + 15 Taxable Scale (2120/06) + 15 bps bps Fill to Revenue C onstramt at Wrap Around outstanding Structure I.5Ox coverage LOC and Fill to Revenue Constraint at 1.50:,; cmerage Scenario 3A: Taxable. Non-RevolYing LOC \\rapped aIOlU1d outstanding LOC. Scenario 38: Taxable. Re\ohing LOC "rapped arollnd outstanding LOC. S I)eci fi c Assumpti ons Assumptions Scenario 3A Scenario3B Interest Rate 75()(~';) per WachO\ia ABT 7. 75(l". per Wachmia ABT + 25 b s for re,'olvin LOC Fill to Rewnue Constraint at I ,SOX cover e Structure Fill to Re\'enue Constraint at 1.5Ox coveraoe Results Scenario 1 ScenaJ;o 2 Scenario 3A Scenario 3B 1f Par Amount $18,77 million $1 () 05 milliol $11,15 million $11.87 million TIC '\'u (,001% 5 ~):'i5";, 7501'\" 7 751"'4, > Project Fund Monies $13.58 million $15 (,-/. 111111101 $12,1111l1lion $11. 81mi 11 IOn available Total Debt Service $-/.-L51 million $11.7 million $10,98 million $12,81 million A verage Annual Debt $3,31 million $2.17 111111l0n $168 million $1.-/.8 nullion Service Ma'\:imum Annual $4,8(, million $325 million $3, X I null ion $5 II million Debt Service Final Maturity 10/111020 lOll /2017 lOll/2(11) IO/l/20ll Detailed analyses of each scenario are attached. --- -- - - --..-..-.-- ---._+._~ -- "IlllIII!!=- Collier County, Florida February 22, 200':' Page 3 Agenda Item No. 148 March 27, 2007 Page 20 of 20 Recommendation Based upon the assumptions and estimated median revenues provided by the eRA, each scenario provides at least $11 million for future land p,~chases while meeting the 1.50x AdditIonal Bonds Test. The structure provided in each scenario is quite aggressive and assumes maximizing the use of all projected revenues. The current revenue projections used in each scenario have maximum revenue of approximately $8.7 million in 2022. The outstanding Wachovia LOC has $4.553 million outstanding and $2.467 remaining with a final maturity of October 2011. Given the projected revenues and outstanding principal amount of the Wachovia LOC, PFM suggests refinancing the current LOC through a bond issue to fully utilize the CRA's revenues. The Wachovia loan requires any future variable rate loans ("LOC") to be calculated at 7.50 percent for the Additional Bonds Test. The current taxable bond market (fixed rate debt) provides rates of approximately 5.3 percent to 5.9 percent, given the suggested structure. If the CRA opts to issue a Request for Qualifications for an additional LOC, a payment schedule for the outstanding LOC will be needed to ensure creditworthiness of the CRA and its' outstanding loans. Prior to finalizing a structure for an actual debt issuance, PFM recommends a conference call ,"vith the working group to discuss future debt issuances to be made in connection with thedLOC and prepayment thereof Agenda Item No. 16A 1 March 27, 2007 Page 1 of 24 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions OBJECTIVE: To approve execution and recording of the Release and Satisfactions of Lien, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. CONSIDERATIONS: ......."""'. Reference Owner of Record Property Address Lien Amount 2006080916 Maria Martinez 4572 Golden Gate Parkway $134.27 2005030956 Scott & Denise Weikel 4925 Barcelona Circle $174.82 2006010288 Scott & Denise Weikel 4925 Barcelona Circle $238.65 2005030956 & 2006010288 Scott & Denise Weikel 4925 Barcelona Circle $2,500.00 20006050413 Ronald Abel 2172 41 5t Terrace SW $161.57 2913 Neurology Physicians Building & Land, LLC 1660 Medical Blvd. Ste.# 200 $470.00 CO: 10259 Michael Zager & Paula Rhodes 557 Cypress Way E. $50.00 DAS: 11101 Casey Lynn Naymola 4960 Tamarind Ridge Dr. $314.00 CO: 2004070342 Luciano & Renee De Andrade 1075 Pine 1sle Lane $203.82 OSM: 2006010714 Heriberto Perez 165 4th St. $170.97 2005020181 & 2006031121 Saint Louise Moise 4415 Thomasson Lane $996.43 2005031112 Baldridge Real Estate, Inc. 3777 Tamiami Trail East $1,836.16 2005100897 Borah Partners LLC 1231 Skyline Drive $187.24 2006030970 David & PriscilIa Lollis 160 Jeepers Drive $157.12 2005050790 Arturo Gonzalez 4608 Normandy Drive $1,063.47 2005030853 Niko Glinos 1796 44th Terrace SW $142.14 2005090266 Sabas Sanchez 2980 8th Ave SE $2,129.15 2006011358 Stephen & Philmene Octavien 5473 Martin Street $176.68 2004090706 Guillermo Martinez 1796 43rd St. SW $32,198.66 2004090955 Daniel & Ladonna Greenling 1931 J & C Blvd. $161.91 OSM, at O.R. Book 3837, Page 0586 Taylor Square Village c/o Roberto BoUt 3000 Orange Gove Trail nJa TOTAL $43,467.06 -, Rev 12/06 Agenda Item No. 16A 1 March 27,2007 Page 2 of 24 FISCAL IMPACT: Costs incurred by the County are costs of recording the Release and Satisfactions of Lien estimated to be $10,00 per release, totaling $210,00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMP ACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien. PREPARED BY: Nichole Jennings, Administrative Secretary, Code Enforcement -- Rev 12/06 Item Number: Item Summary: Meeting Date: Agenda Item No. 16Al March 27, 2007 Page 3 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 3127/20079:00:00 AM Date Prepared By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcemenl 2/28120072:47:16 PM Date App roved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcement 3191200710:03 AM Approved By Date Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 319/20075:31 PM Approved By Date Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 3/12/20079:16 AM App roved By Date Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3/1312007 3:39 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3/14/2007 8:31 AM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 311512007 5: 12 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/15/20079:16 PM Agenda Item No. 16A 1 March 27, 2007 Page 4 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34] 04 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated October 6, 2006, a certified copy of which was recorded on November 3, 2006, in O.R. Book 4132, Page(s) 1737, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Maria Martinez, has been discharged in full: Folio No. Cost: Reference: 35980280009 $134.27 2006080916 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Maria Martinez, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: Agenda Item No. 16A 1 March 27, 2007 Page 5 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated October 12, 2005, a certified copy of which was recorded on October 17, 2005, in O.R. Book 3912, Page(s) 3635 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Scott and Denise Weikel, has been discharged in full: Location: Folio No. Cost: Reference: 4925 Barcelona Circle 63102040002 $174.82 2005030956 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Scott and Denise Weikel, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: \ t t County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 6 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated May 5, 2006, a certified copy of which was recorded on May 11, 2006, in O.R. Book 4035, Page(s) 0414 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Scott and Denise Weikel, has been discharged in full: Location: Folio No. Cost: Reference: 4925 Barcelona Circle 63102040002 $238.65 2006010288 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Scott and Denise Weikel, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: ~:3C ~ ASSl ant County Attorney Agenda Item No. 16A 1 March 27,2007 Page 7 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated October 16, 2006, a certified copy of which was recorded on November 6, 2006, in O.R. Book 4134, Page(s) 0210 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Scott and Denise Weikel, has been discharged in full: Location: Folio No. Cost: Reference: 4925 Barcelona Circle 63102040002 $2,500.00 2005030956&2006010288 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Scott and Denise Weikel, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,C~ Approved as to form and legal sufficiency: ~ JeffE. WJ 'gh Assist County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 8 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated July 7, 2006, a certified copy of which was recorded on July 21, 2006, in O.R. Book 4076, Page(s) 0657 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Ronald Abel, has been discharged in full: Ronald Abel 2172 41 5t Terrace SW Naples, F134116 Folio No. Cost: Reference: 35780080001 $161.57 2006050413 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Ronald Abel, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A 1 March 27,2007 Page 9 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated January 19, 2007, a certified copy of which was recorded on January 25, 2007, in O.R. Book 4174, Page(s) 0019, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Neurology Physicians Building & Land, LLC, has been discharged in full. Lots 7 and 8, Block B, EASTGA TE SUBDMSION, Collier County Florida Folio No. Cost: Reference: 30480280009 $470.00 #2913 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned Neurology Physicians Building & Land, LLC, and consents to this lien being discharged of record. Dated this day of ,2007. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ht t County Attorney Agenda Item No. 16A 1 March 27,2007 Page 10 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated February 17, 2006, a certified copy of which was recorded on February 24, 2006 in O.R. Book 3988, Page(s) 0995, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Michael Zager and Paula Rhodes, has been discharged in full. Michael Zager and Paula Rhodes 557 Cypress Way E. Naples, FL 34110 Folio No. Cost: Reference: 65322840006 $50.00 CO: 10259 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by by Michael Zager and Paula Rhodes, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~ Je Wright As tant County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 11 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated May 19, 2006, a certified copy of which was recorded on June 5, 2006 in O.R. Book 4049, Page(s) 1816, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Casey Lynn Naymo1a, has been discharged in full. Casey Lynn Naymola 4960 Tamarind Ridge Dr. Naples, FL 34119 Folio No. Cost: Reference: nla $314.00 DAS: 11101 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Casey Lynn Naymola, and consents to this lien being discharged of record. Dated this day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMESCOLETTA,C~AN By: Approved as to form and legal sufficiency: t t County Attorney Agenda Item No. 16A 1 March 27,2007 Page 12 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated December 7, 2004, a certified copy of which was recorded on December 14, 2005, in O.R. Book 3695, Page(s) 4152 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Luciano and Renee De Andrade, has been discharged in full. Luciano and Renee De Andrade 1075 Pine Isle Lane Naples, FL Folio No. Cost: Reference: 24323000006 $203.82 CO# 2004070342 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Luciano and Renee De Andrade, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,CHAllUdAN Approved as to form and legal sufficiency: Agenda Item No. 16A 1 March 27, 2007 Page 13 of 24 This instrument prepared by: JeiTE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated March 17, 2006, a certified copy of which was recorded on April 24, 2006, in O.R. Book 4023, Page{s) 0857, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Heriberto Perez, has been discharged in full. Heriberto Perez 165 4th S1. Naples, FL 34112 Folio No. Cost: Reference: 77213360007 $170.97 OSM 2006010714 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Heriberto Perez, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A 1 March 27,2007 Page 14 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated July 21, 2006, a certified copy of which was recorded on August 2, 2006, in O.R. Book 4081, Page(s) 2673 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Saint Louise Moise, has been discharged in full: Saint Louise Moise 4415 Thomasson Lane Naples, FL 34112 Folio No. Cost: Reference: 67491080009 $996.43 2005020181 and 2006031121 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Saint Louis Moise and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAllUdAN Approved as to form and legal sufficiency: ~~ .. Jeff. . Assis t County Attorney Agenda Item No. 16A1 March 27,2007 Page 15 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated July 15, 2005, a certified copy of which was recorded on July 21, 2005, in O.R. Book 3850, Page(s) 0392 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Baldridge Real Estate Inc., has been discharged in full: Baldridge Real Estate, Inc. 3777 Tamiami Trail East Naples, FL Folio No. Cost: Reference: 00393560008 $1,836.16 2005031112 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Baldridge Real Estate, Inc. consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,CH~AN Approved as to form and legal sufficiency: I ~~ Je E. ri t Ass t County Attorney Agenda Item No. 16A 1 March 27,2007 Page 16 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated May 19, 2006, a certified copy of which was recorded on June 5, 2006, in O.R. Book 4049, Page(s) 1819 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Borah Partners LLC, has been discharged in full: Borah Partners LLC 1231 Skyline Drive Naples, FL Folio No. Cost: Reference: 00734200008 $187.24 2005100897 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Borah Partners LLC and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~ Assis ant co~ty ~~rneY Agenda Item No. 16A 1 March 27, 2007 Page 17 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated May 5, 2006, a certified copy of which was recorded on May 11, 2006, in O.R. Book 4035 Page(s) 0435 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by David and Priscilla Lollis, has been discharged in full: David and Priscilla Lollis 160 Jeepers Drive Naples, FL Folio No. Cost: Reference: 53401280007 $157.12 2006030970 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by David and Priscilla Lollis and consents to this lien being discharged of record. Dated this day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,CHA~ Approved as to form and legal sufficiency: , Jeff~ Assist County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 18 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated August 5,2005, a certified copy of which was recorded on August 9, 2005, in O.R. Book 3863 Page(s) 2935 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Arturo Gonzalez, has been discharged in full: Arturo Gonzalez 4608 Normandy Drive Naples, FL Folio No. Cost: Reference: 22620320009 $1,063.47 2005050790 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Arturo Gonzalez and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: ~~ - -:::t: - Jeff. ri Assi t County Attorney Agenda Item No. 16A 1 March 27,2007 Page 19 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated July 15, 2005, a certified copy of which was recorded on July 21, 2005, in O.R. Book 3850 Page(s} 0400 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Niko Glinos, has been discharged in full: Niko Glinos 1796 44 Terrace SW Naples, Fl Folio No. Cost: Reference: 35763920007 $142.14 2005030853 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Niko Glinos and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~'=t Jeff. right Assistant County Attorney Agenda Item No. 16A 1 March 27, 2007 Page 20 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated December 16, 2005, a certified copy of which was recorded on January 6, 2006, in O.R. Book 3961, Page(s) 0787 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Sabas Sanchez, has been discharged in full: Sabas Sanchez 2980 8th Ave SE Naples, FL Folio No. Cost: Reference: 40987641005 $2,129.15 2005090266 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Sabas Sanchez and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A 1 March 27, 2007 Page 21 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAenON OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated April 7, 2006, a certified copy of which was recorded on April 24, 2006, in O.R. Book 4023, Page(s) 0902 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Stephen and Philmene Octavien, has been discharged in full: Stephen and Philmene Octavien 5473 Martin Street Naples, FL 34113 Folio No. Cost: Reference: 62207640007 $176.68 2006011358 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Stephen and Philmene Octavien and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,CH~ Approved as to form and legal sufficiency: \ Agenda Item No. 16A 1 March 27, 2007 Page 22 of 24 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 30] Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFAeTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated March 7, 2005, a certified copy of which was recorded on April 19, 2005, in O.R. Book 3777, Page(s) 4129 ofthe Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Guillermo Martinez, has been discharged in full: Guillermo Martinez 1796 43rd St. S.W. Naples, FI Folio No. Cost: Reference: 35765440006 $32,198.66 2004090706 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Guillermo Martinez and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIR.MAN Approved as to form and legal sufficiency: ., Agenda Item No. 16A 1 March 27, 2007 Page 23 of 24 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Office of the Special Master Order dated April 20, 2005, a certified copy of which was recorded on April 26, 2005, in O.R. Book 3783, Page(s) 0751 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Daniel and Ladonna Greenling, has been discharged in full: Folio No. Cost: Reference: 00248000008 $161.91 2004090955 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Daniel and Ladonna Greenling and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETTA, CHAllUdAN By: Approved as to form and legal sufficiency: lil This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 North Horseshoe Drive, Ste 301 Naples, FL 34104 (239) 213-2939 Agenda Item No. 16A 1 March 27, 2007 Page 24 of 24 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Taylor Square Village c/o Roberto Bollt 3000 Orange Grove Trail Naples, FL The Order imposing the lien was recorded on July 6, 2005, at Official Record Book 3837 Page 0586, in the Official Records of Collier County, State of Florida. The lien secures an undetermined principal sum, and imposes certain obligations against real property situated in Collier County, Florida. Cost: undetermined Reference: OSM, at O.R. Book 3837, Page 0586 Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Release and 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 Release and Satisfaction of Lien, by action of the Board on this day of ,2007. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLElT A, Chairman and legal sufficiency i""-' ~,,,,...,.. Agenda Item No. 16A2 March 27,2007 Page 1 of 33 EXEeUTIVE SUMMARY Recommendation to approve a modification to Resolution 2004-04 and Commercial Excavation Permit No, 59,648 "Winchester Lake Commercial Excavation", located in Section 16, Township 48 South, Range 28 East to allow for increased excavation to a depth of 30 ft, OBJECTIVE: To issue a modification to Commercial Excavation Permit 59.648, to Southern Sand and Stone for the project known as "Winchester Lake Commercial Excavation" in accordance with Article 4 of Chapter 22 of the Collier County Code of Laws and Ordinances. The project is bounded on the north by land zoned Estates, on the west by the Faka Union Canal then land zoned Estates, on the south by Oilwell Road and then land zoned Estates, and on the east by vacant land zoned Agricultural. CONSIDERATIONS Winchester Lake Commercial Excavation (a.k.a. "Shaggy Cypress") sits on 654.12 acres, which is a little more than one square mile (640 ac.), on the east side of Golden Gate Estates, in a "notch" in the eastern boundary of the Estates zoning just on the north side of Oil well Road (CR 858). The project was approved by the BCC on 6 October 1998 as Excavation # 59.648. The permit allowed removal of 19 million cubic yards of fill and creation of a 604 acre lake to a depth of 20 ft. below original grade. The petitioner would have been allowed to go deeper at the time, but borings showed that the quality of the material declined at greater depths. The Resolution allowed a depth of 25 ft. The plan called for retention of a 100 ft. unplanted buffer with berm on the north and west sides and a 50 ft. unplanted buffer with berm on the south and east sides, which left no room for the construction of a subdivision when the lake was completed. This was done because, at the time the excavation was being permitted, the fill was worth more than the land and the excavator had no intention of creating a subdivision on the land after the pit was done. Now the parcel is being considered for rezone to Mixed-Use PUD. Staff estimates from aerial photos and monitoring reports that about 2/3 of the excavation has been done, both area-wise and volume-wise. In 2004, Resolution 2004-04 was passed by the BCC, and Section I. of that Resolution allows an excavation depth of 25 ft. below existing grade. Geotechnical explorations of the site have determined that the excavation can go to 30 ft. deep in certain areas without touching the underlying semi- confining layer, which is composed of a silty clay that is worthless as fill. The petitioner will spread the fill from the additional excavated depth on-site and will sell some off-site. FISCAL IMPACT: All fees and bonds were paid or posted at permit issuance. This is actually a lessening of impact from the original permit if the excavation does not proceed to completion. 1 .,,".""- Agenda Item No. 16A2 March 27, 2007 Page 2 of 33 GROWTH MANAGEMENT IMP ACT: None. STAFF CONSIDERATIONS: The Board of County Commissioners may grant a modification to a Commercial Excavation Permit if the permit application requirements and excavation permit criteria of Section 22, Article IV, of the Collier County Code of Laws and Ordinances are met. The EAC recommended that prior to permit issuance, the petitioner's environmentalist will walk the site with representative(s) of the C.c. Environmental Review Department to determine the need for species surveys. The applicant is required, by code, to submit a listed species survey for staff review. A site visit by staff may not be necessary. LEGAL CONSIDERATIONS: These matters are typically not reviewed by the Office of the County Attorney. STAFF RECOMMENDATION: That the Board of County Commissioners approve the modification of Excavation Permit No. 59.648 to Southern Sand and Stone for the project known as "Winchester Lake Commercial Excavation" with the following stipulations: 1. If groundwater is to be pumped during the excavating activity, a South Florida Water Management District Dewatering Permit must be obtained. 2. The petitioner cannot breach any confining of semi-confining layers with this additional depth of excavation. 3. Environmental Review staff shall review the modified Excavation Permit Amendment prior to issuance. Listed Species Surveys and other relevant information will be required as part of that review. PREPARED BY: Stan Chrzanowski, P .E., Engineering Review Manager, Engineering Review Services - 2 Item Number: Item Summary: Meeting Date: Agenda Item No. 16A2 March 27. 2007 Page 3 of 33 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation to approve a modification to Resolution 2004.04 and Commercial Excavation Permit No. 59.648 "Winchester Lake Commerclel Excavation, located In Section 16, Township 48 South. Range 28 East to allow for increased excavation to a depth of 30 It 3127/20079:00:00 AM Engineering Review Manager Date Prepared By Stan Chrzanows.ki Community Development & Environmental Services Engineering Services 3/8/200712:06:12 PM Approved By COES Engineering Services Director Date Thomas E. Kuck. P.E, Community Development & Environmental Services COES Engineering Services 3/8/20071:51 PM Martene Stewart Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 319/2007 5:50 PM Date Approved By Judy Puig Community ~velopment & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 3/12120079:16 AM Barbara S. Burgeson Principal Environmental Specialist Date Approved By Community Development & Environmental Services Environmental Services 3113/200710:52 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/13/20073:43 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3/14/2007 8:35 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3/15/20078:35 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 31171200710:21 AM N I'- C"') <{OC"') <00_ .,-NO 0"":"'" ZNQ) r-Ol E (J co Q)"-a.. ...-CO -;;;~ "0 c: Q.) Ol <{ =' II ! ! a. . <( . ::E R R ~ W ! . . l- I - . (j) . . . . . . . . J ! ! I ! ! e 2 I fI) w ;; ! I ~ I ::.:: I . . , I , <: :rI'IOS Oi.l.Ol< I ~ L... - f- en w :c () z ~ 6<:' .~'S a. <( ::E z "' 0 '" " - cJ J. l- e::( U 0 .....J n ilil U ~ ~ z ~ ~ ~ .~6 '~':l ~U-I <$,pP" ~ RESOLUTION NO. 2004- ~ A RESOLUTION OF THE COLLIER COUNTY BOARD OF ZONING APPEALS PROVIDING FOR THE CONFIRMATION OF THE PRIOR ESTABLISHMENT OF CONDITIONAL USE "I" IN "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TOGETHER WITH THE MODIF1CA TION OF TIlE STIPULATIONS GOVERNING THE OPERATION OF THE EARlHMINING FACILITY LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA. 178 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. 91-102, as amended) 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, on September 22, 1998, the Board of Zoning Appeals of CoIIier County, Florida, approved Resolution Number 98-395 which established an earthrnining facility conditional use (Conditional Use "I" of Section 2.2.2.3 in Rural Agricultural "A" Zone of the Land Development Code); and WHEREAS, Paragraph "b" of Exhibit "D" of said Resolution provides as follows: The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and, in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. WHEREAS, Resolution Number 98-395, as recorded, remains in full force and effect; and WHEREAS, the Board of Zoning Appeals has conducted the review of the earthmining activity as required by the Resolution; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. CUR.2003-AR-3776 1-2 Agenda Item No. 16A2 March 27, 2007 Page 5 of 33 ~f 178 ~~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CUR-2003-AR-3776, filed by Jeff L. Davidson, DAVIDSON ENGINEERING, INC., representing, Joseph D. Bonness of Southern Sand and Stone, Inc" with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be hereby confirmed as Conditional Use" I" of LDC Section 2.2,2.3 of the "A" Zoning District for earthmining and be permitted to continue operations as stipulated herein in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "E" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOL VED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Do., "'" IJ day of J" .. '" . 2004. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLUER OUNTY. FLORIDA . ....,.4,.., - -. ,- , ~ Assistant County Attorney CUR-2003-AR-3776 2-2 Agenda Item No. 16A2 March 27,2007 Page 6 of 33 Agenda Item No. 16A2 178 March 27, 2007 Page 7 ~EF 2 2 1991 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-9B-12 The following facts are found: 1, Section 2.2.2.3,1 of the Land Development Code ~uthorized . the conditional use, . . 2. Granting tpe 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 o~ the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN : f/CU-J'-12 FINDING or PACT CHAIRMANI EXHIBIT "A" Legal Description 178 Agenda Item No. 16A2 March 27, 2007 Page 8 SEP 2 2 199 Section 16, Township 48 South, Range 28 East, less the south 50 feet Road. ROW" Collier County, Florida, ' EXHIBIT "B" ~ 178 I Agl!nda Item No. 16A2 M~ 27, 2007 59090133 I ' . = ~ Zm I .'1 I~ - 'I~ I' ,. z t: a !i . = III -!It a :!I S 1= ill =1 52 III' r I ' .~ I III ii" 1_; IJ" Iii - z " .. - Pi . ~.IH. FAHIAUNIOJC cuw.. I, I is 11'I i= ... ~ 111 Ii. :: . III I II i . iln i i I · ~ ;C'I _. ""cNI I,. IIIgra1li p- I; :c i~ I IS III " CIa ~ ..... I ....1 -. EXHIBIT "e" , ' i' I I I I " !..t!.. iF I I . I Is I I I " *1 ',.178 AGREEMENT - {- Agenda Item No. 16[\2. March~t,~~7l199a Page 10 of 3.3 <If . 1 I, Jeff L. Davidso.n. as authorized agent for Petition CU-98-12, agree to tbe following stipulations ~equested ,by the comer C~unty ~bmn~~g. Commission in their public hearing on September 3, 1998. . Plannin2 Services: a. The CurTcnt Planning Manager may apProve ~or changes in the locatiQD, siting, or height of buildings, structures, and improvements authorized by the conditional use, Expansion of the uses identified and approved within this conditional use application, or major changes to the site' plan submitted as part of this application, 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 Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102), b, The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and t~ assure public health, safety and welfare 'is adequately addressed. Development Services staffwill use the following standards in their review and, in the event of the 'inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeal.s using the Land Development Code procedural requirement for appeals, The standards for review are: 1. At least six months prior to the fifth anniversary of the Board of Zoning Appeals approvals, applicant shall submit ~ noise study acceptable to Development Services staff to determine whether additional berming, landscape or buffers are necessary to insure compatibility with adjacent residential structures. 2. At least six months prior to the :fifth anniversary of this approval, applicant will submit to Development Services a Traffic Study conducted in a manner approved by County Transportation Department that assesses the level of service on County Road 858, the project's impact on County Road 858, and any mitigation needed to address this project's impacts on automotive and pedestrian safety along the section of County Road 858 from the project entrance on CR 858 to the intersection of CR 858 and CR 846. Additional mitigative measures that may be required include: EXHIBIT "D"' I .. f. 1'( fj Agenda Item No. 16A2 M~7;(~0f998 Page 11 of 33 ~- (a) Project contribution (on a proportioDBl share basis) to add simalization or turn lanes for other public roads or for institutional I uses access~on County Road 858 west of the project. (b) Limitation of the number ofbaul tripS from the project to a maximum of 175 per 24-hour period. I ( c) Changes in days or hours of Operation but DO less than 60 hours of operation ~ week (Stipulation I) ~ les~ project traffic interface with school or other traffic on CR 858 or other impacted' County , roads, (d) Contribution of its proportionate share costs for any additional sidewalks needed in the vicinity of ~y institutional uses located on County Road 858. .. ee) Mitigation of abnormal wear or tear caused by ~ project's use of County Road 858 west of its entrance that are not addressed by the payment of impact fees. 3. Develop,ment Services Department may require additional studies or reports to demonstrate that there arc no adverse environmental impacts, resulting from operations of Winchester Lakes. ' c. The petitioner shall remove all exotic ve2etation on site as listed in the LDC 3,9.6.4.1 prior to any excavation activities on site, Subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. d, Turn lanes shall be required, both eastbOund and w~und,' on CR 858 at the project entrance, e, The petitioner shall be responsible for the maintenance of the turn lanes for the life of the projcct Failure to properly maintain the pavement shoulders, signage. and .. pavement markings shall be cause for revocation of the CU permit. A condition survey ofCR 858 from its intersection with CR 846 shall be performed by the Road and Bridge Section prior to the start of any activity on this site. The results of that survey shall be used as B baseline for future maintenance of the roadway, g, " The petitioner shall post a maintenance bond in the amount of $] 00.000,00 for the life of the project. This bond shall be used for the maintenance of CR 858 damages EXHIBIT "Dw 2 1. m,. 178 above normal wear and tear caused by this proJect. Agenda Item No. 16A2 Marc~~oo~ i Pag~~ro~:t 1998 h. A ;trafiic routing plan shall be submitted to.the County for review and approval prior to the start of any earth ~i*g activitj on the site. A copy of this plan shall be fOrwBrQed to the Collier County 'Board' of Public Schools. i. Hours of operation shall be 7 a.m. to 7 p.m. Monday through Friday; no excavation or hauling operation shall be allowed on Saturday or Sunday. except in instances where contracts for "public" jobs dj~te otherwise. j. Any blasting shall require a permit from Planning Services and shall comply with Collier County Blasting Ordinance. k. The appliCants shall install a berm not less than six feet in height aloDg the property lines adjacent to the Estates zoned properties as each phase is initiated, The excavation shalJ be limited to a lowest DOssible bottom elevation of 25 feet below existing grade unless a permit modification is applied for through the EAB and the BeC and shall be no shallower than.} 0 feet below existing In'8fIe, Prior to any site ,improvement proposed in relation to this excavatioD or clearing, the owner shall contact the USACOE and SFWMD to determine if wetland permitting is needed, If so. aU agency permits shall be obtained. prior to the commencement of any site improvements. ~~ P R OR AGENT State of Florida County of Collier The ,foregoing Agreement Sheet was acknowledged befo1'C' ,me' this -D... day of SEPTEt\.\bE.R... 1998. by ::r~.J:f:.~$1. V,lWI$~ .J. who is personally known to me or who has produced FlL bilE!IvER. ~ LI ~(::as identification and who did (did not) take an oath, ~mcp~~ (Signature of Notary Public) NOTARY PUBLIC Commission # G:: fa 1 (0 '8"1 ~ My Commission Expires: q -d. - 0 I EXHIBIT "Dn 3 Gl Mr~~ EXPIIE8: ....... 2. 3ID1 ""'1I1nr __ PaM;.......... Agenda Item No. 16A2 March 27, 2007 1 7 B . Pag~pf 232 1998 ~Lud~ ' REPRESENTATIVE FOR cepe' State of Florida County of Collier The foregoing Agree~ent Sheet ~ acknowledged before. me this l1:tli day of' Sef?1;r:;nf"r . 1998, by J71, Ch4e r Davis. who is personally known tg me or who h8s produced as identification and Who did (did DOt) take' an oath. . ... ~:_..... ......1IIlI..., NIl" L , NOTARY PUBLIC. Commission # My Commission Expires: . EXHIBIT "0" 4 1.78 SUPPLEMENTAL COr,rnmONS' CUR-2003-AR-3776 . RESOLUTION 98-395 . Agenda Item No. 16A2 March 27, 2007 Page 14 of 33 '.~~ 1, Item (b) CU-98-12 shall be amended to require a re-reviewed on a 5-year cycle from the anniversary date of its approval until the earth mining operation is completed. . 2, Item (g) CU-98-12 shall be amended to require a $500.000.00 maintenance bond shall be maintained for the life of this project. . 3. Item (k) CU-98-12 shall be amended to require a berm to be installed and maintained of not less than ten feet in height along the property lines adjacent to the Estates zo~ed properties. 4. These modifications shall be incorporated within the original Conditions of Approval attached to CU-98-12, and shall be make,part ,of the official r~cord. . EXHIBIT "E" ~~..'': Water Resource Solutions A Division of ENTRIX, Inc, .428 Pine Island Road, S.W. . Cape Coral, Florida 33991 .2029 Bayside Parkway. Fort Myers, Florida 33901 Agenda Item No. 16A2 March 27, 2007 Page 15 of 33 "",,_.>.~'---,. ~ . Phone: (239) 574-1919 . Fax: (239) 574-8106 . phone: (239) 334-4435 . Fax: (239) 334-6932 December 6,2006 Mr. Stan Chrzanowski Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Summary of Results of Soil Borings Winchester Lakes Borrow Pit Collier County, Florida WRS File No. 1169002 Dear Mr. Chrzanowski: Water Hesource Solutions, Inc. (WRS) is pleased to provide a summary of the results of soil borings advanced at the referenced project. The Winchester Lakes facility is an existing borrow pit. The purpose of this summary is to provide the proposed excavation depths of lakes, based on the top of the potential confining unit that separates the water-table aquifer from the underlying Lower Tamiami Aquifer, and to recommend maximum excavation depths. WRS reviewed results of previously advanced soil borings and completed additional soil borings to aid in assessing the confining layer. WRS reviewed the report prepared by Law Engineering and Environmental Services, Inc. (Law) entitled" Report of Drilling Services and Soil Evaluation, Proposed Winchester Pif' (November 7,2000). The Law report includes the results of6 soil borings that were advanced to a depth of 60 feet below land surface (bls). Results of the Law soil borings (attached as ExhibitA) indicate that the top of a "soft, sandy clay" interval occurs at depths between 14 and 28 feet bls. The base of this unit occurs at depths between 23 and 33 feet bls. On November 21 and 22, 2006, WRS advanced an additional 3 soil borings to depths between 45 and 98 feet bls to further correlate the depth of the potential confining unit. Refer to Table 1 for lithologic logs of the soil borings. Soil borings were advanced using continuous split spoon techniques, while samples were described in the field by a WRS hydrogeologist. Results indicate that surface sand is underlain by marl, which is a mixture of sand, silt and clay, that commonly includes limestone and shell fragments. Marl does not represent confinement. This marl is underlain by an olive-green, silty clay that represents a semi-confining layer. The "soft, sandy clay" interval described in the Law report is likely a combination of both the marl and the olive-green silty clay units. 1169002 Winchester Lakes Soil Logs Summary2. wpd WRS Mr. Stan Chrzanowski December 6,2006 Page 2 of 2 Agenda Item No. 16A2 March 27, 2007 Page 16 of 33 Review of soil borings suggest that the olive-green, silty clay represents the first semi- confining unit on-site. The thickness of this unit ranges between 3 and 6 feet. The proposed depth of excavation is no deeper than 3 feet above the base of the olive-green I silty clay layer. This proposed depth varies on-site between 20 and 30 feet. The proposed excavation depths for each lake or lake portion are as follows: Lake 1 (North) - 25 feet bls Lake 1 (Central) - 28 feet bls Lake 1 (South) - 30 feet bls Lake 2 - 20 feet bls Lake 3 - 25 feet bls Lake 4 - 30 feet bls Lake 5 - 25 feet bls Lake 6 - 23 feet bls Should you have any comments or questions, or require additional information, please do not hesitate to contact me at (239) 334-4435, extension 24 or bbarnes@wrsolutions.com. Sincerely, WATER RESOURCE SOLUTIONS, INC, ~fe~ ~ -~-- Senior Scientist BKB/nlf 1169002 Winchester Lakes 501) Logs Summary2. wpd WRS -....:..--.-..-- --~tem-b10::=.'t6A:2:----"- ~., March 27,2007 ---Ii Page 17 of 33 II I' II Ii Ii Ii I' APPROXIMATE PROPERTY BOUNDARY '[ RECHARGE TRENCH (TYPICAL) - '~F~~~~~H)I '20 ~ ~LJ ,~~ ~~~~~)I . 125 ~ ~LJ I~F~~OBl['":)1 . . 125 ~~ ~LJ 123 ~J. ~LS~ .. OIL VlELL ROAD (CR 858) ~ LAWB1 o = g~~~~~~C:N~~~.:EL~~~~CATlON o DESIGNATION AND APPROXIMATE LOCATION WRS ~1 . OF SOIL BORING INSTALLED BY WRS LAKE 1 (SOUTH). RECOMMENDED EXCAVATION DEPTH 30 FEET BLS FOR LAKE. OR LAKE PORTION LL APPROXIMATE SCALE I I o 400' BOO' !' -.---..--_.___.1 ~ ~I, ~ter Resource Solutions PROJECT NAME: WINCHESTER LAKES PROJECT NUMBER: 1169002 ---------...-- .-..-.---.------.---- .---..-..-- FIGURE 1. MAP SHOWING THE PROPOSED EXCAVATION DEPTHS FOR LAKES. DWG. NUMBER: 1 DATE: 5 ~. ~~ T j Ii ! Table 1. Agenda Item No. 16A2 Lithologic Logs of Soil Borings WRS-B 1, WRS-B2 and WRS-B3~~~~~ ~~ ~~~~ Soil Depth Boring below Description grade (ft) 0-8 Sand, dark brown, fine to medium grain. 8 - 12 Marl (a mixture of sand, silt and clay), light grey; limestone an< shell fragments. 12 - 17 Sand, light brown, medium grain; trace of silt. WRS-B 1 17 - 27 Marl (a mixture of sand, silt and clay), light grey; limestone an shell fragments. 27 - 33 Silty clay, olive green, semi stiff, plastic, limestone fragments. 33 - 45 Limestone, light grey, poorly indurated; fossiliferous. 0-8 Sand, dark brown, fine to medium grain; trace of silt. 8 - 14 Limestone, light grey, poorly indurated; fossiliferous. WRS-B2 14;. 22 Marl (a mixture of sand, silt and clay), light grey; limestone an< shell fragments. 22 - 26 Silty clay, olive green, semi stiff, plastic; limestone fragments. 26 - 45 Limestone, light grey, poorly indurated; fossiliferous. 0-9 Sand, dark brown, fine to medium grain. 9 - 12 Marl (a mixture of sand, silt and clay), light grey; limestone an< shell fragments. 12 - 14 Limestone, light grey, poorly indurated; fossiliferous. WRS-B3 14 - 22 Marl (a mixture of sand, silt and clay), light grey; limestone an< shell fragments. 22 - 25 Silty clay, olive green, semi stiff, plastic; limestone fragments. 25 - 98 Limestone, light grey, poorly indurated; fossiliferous. 1169002 Winchester Lakes SoH Logs Summary2,wpa WRS Agenda Item No. 16A2 March 27, 2007 Page 19 of 33 EXHIBIT A SOIL BORING LOGS FROM THE REPORT PREPARED BY LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. (LAW) ENTITLED "REPORT OF DRILLING SERVICES AND SOIL EVALUA TION, PROPOSED WINCHESTER PIT" (NOVEMBER 7, 2000) 1169002 Winchester LIllres SoIl Logs Summary2. wpd WRS PROPOSED WiNCHESTER PI T NAPLES. CO"I.11ER.. COVNTY rI.O~fOA SB-2 , CORN FIBLDS' SANDlInOH SEED GRASS 5S-6 q.' n::/",,,ua ,,__, I ,"v. '. v, 2 March 27, 20 7 d50 of 3 NOT TO SCALS Sa..3 S B-S OPEN LAND $8-1 OIL WELL ROAD SB-4 Prepared/Date: AFC 11/07/00 Checkec)Oc'te: HLS 11/07/00 LAW LAWGIBB Group Uembsr ~ SORING LOCATION PLAN Project 4032v-O-Ice7-m-&>> F'isvre 2 .__.....,.".___n__.___- ---'---.' -_.-"---- . Agenaa Item NO. I bP\1 March 27, 200 Page 21 of 3 CORRJtL,.\UON 0'1 PE."'f.&1'RATIOl'f :aESJSTANCC WlTH1U:LATIVE l>ENSlTY &"fD CONSISTENCY PARTICALSIZE IDENTIFICATION P.E.LA TIVB DENSITY V Cl'J Loose Loose finP vcry F'um Ceue Vet')'OcMo CONSIS'I'E.NCY v~::ft Firm set!! V~ff Very Hard HARDNESS V~~ft ModiWA Hard Moderatoty Hard HUd DEI'lNlTlONS AND KEY TO DRILLING SYMBOLS NO. OF BI..OWS, N 0-4 ~.tO SANDS: 1 \-10 21.30 31.50 OVER. 50 BOUt.D~RS; . COBBLES: ORA VEt.: COES4. FlM- SANDS: Coarse - Mecllum.. Pine . SILTS" CLAYS: Oreater rhen 300 JrW 1$ mm to 300 =at 19.0 zcm to 75 mm ..7S ZND to 19.0 m.m 2,00 m.m to 4.1S IIU'I1 0,425 mm rD 2.00 tI1D1 0.075 mm to 0.425 mm IMa than O.D7~ mm 0-2 3-4 SlL TS '.8 Ie 9-15 CLAYS:. 1~30 '1-50 OV!.l. 50 MODIPISRS Slh!htly sUty or ,Ujhtly c:tayey !lll)' or cla):oy Very aUty or very clayey ^E'prox. FiMs CoUtCDl 5$ [0 12" 12" to ~O~ . 30~ to 50% 0-19 LIMESTONE 20-49 50-100 50 POll. 2".'" SO rea O. .2" Natural Moist:l.n COt1fOut ~c Contezit ~cl Lbait PlUde Limit PiDes PIaU"" No. 200 Sieve Wtiah' ofDrWb1g R~ Me: oc: LL: PL: P-200: WOR: I WAlc!:J; Table 14 <<a. i Walet T8b1e at Time of Dtillitl8 4lI Less of DrUllng fluid , KEY TO SOIL CLASStttCAl'lONS I l='adisMtcc! Sample S Split-Spoon Simple >--~ E} Time Rate of DrllUng ]I[ m; rr:: D i'i:l;t~ \lm!:i .1. .\.! SILT PINE SANO ill,' . . . .; . of. 1:T.' ~ ll[ ~ '. 'I. EI. " " " ~ &I ~ II SAi'{t) wrm LlMnTONE FR.AOMENTS SUOH'rL Y SILTY PINE SANO SILTY SAND wrrH ORA VEL SILTY FINE SAND :-r.;1; j~: o.;.:;.a FINE SAND wtTB saBLL VEllY SILTY PINE Sk'lO :-n: . 11 ~ ~ WEATHERED 1JMESTONE SUOHTLY CLAYEY FINE SAND SOft to VERY SOPT UMESTONE MsotuM TO MODERA'l'BL Y HARD LIMESTONE HARO UMESTONE etA YBY FIN'e SANtl VER. Y CLA YSY FINE SAND , - a - SANDY CLAY ''':~:''' ::~~ FIN! SAND WITH ROO1'S SIL'I'Y eLA Y II PEAT CLAY .~ " ~ ....~,.:;.. ~': .~ ..~ ""', ~{I'I -~~;.'. ~: .... IS foo r 11 fa) '0 - son. CLASSIFlCA nON' AND REMARKS S21 KeY SYMBOL 5Hl!fT rOl !Xi'1A"fA noN OF S"fMBOLS Il!iD ABB1\B\It.\'l1ON8 BELOw. VoIY .. iW'liJ (:5 t<:>,::: r.. '''.,' f ' I r , r :0 IS 20 2.S 30 "'I . i ! S/" - ~ ~)R :s 3~ ~ S ! ~ 40 ~ .' :z'., :. .'....... .' ;.... .:-" DllI.E2l: P. Pills EQUl}I~: o-so METROD; S!L~l'cnelr.1i1on1":Jt~D,1586 HOlJH'l1A., , Ir.m~ ~~: R01"AllYOM.tlNG; OROUND WA1EIl L.EVm.: 3 ~ nDS RECOR:D IS A UASONADLL INt6RPlUn'AnON or SUBstJUACS OONDlILONi ;..T TH"B SXPL.ORA TIDN LOCA-nON. SUBSWACECONDmONS AT onnm. LOCAnONS}JI/D A.T cmmR 11MBS MAY DIJil'ER. IN'l'BRFAaB BEWBEN sntA.'I'A. A1Ut A.PPROXlMA'rE. TlVlNsmOHS BETW!E.~ S'mA.TA MAY BE GUDl:A!., I.. It o Ii N o . .... E L E V ill) N A T tI R. A L a R. 0 U .N 0 s u R 'i A C B ~ Ii L B V ^ r 1 l) ~ }</ N 0 T I $-4-1 2.1.1 J>~ ~ u.~ IIJo :L NO.16A · I':msr"') March 27,200 . sn~ Page 22 of 3 10 .ao so 60 70 90 SO IW 3.)-'; l.H 10 20 5 10 J . ~ .. , 1'$ 2 ~ 4 13 4 30 i '.J.] ( 135 o 10 a 30 4(l S 60 7tl so 1IO 100 PROJECT NAME: WIN~ PIT PROJECT LOC.: NAPLES, COILIER COUN1Y, FLORlDA PRomcrNo,: 40nO-O-l087.ot.800 DRILLED: t0/11/)000 BORING No,: B.t PAGE [ !4~rou~ Mombor J.. ' lO-ln.1D 20 to 8 Pl..fU Mo1~) u"t1l ! i,. ~e[ldd ht::1 No. 16A G I A 11H!S(%} March 27, 200 e V .m~ Page 23 of 33 N D (1\) 30 .co so eo 10 80 110 100 N A T U It A I. 5-403 , 45 Q 1l 0 11 N 1) a 15-t1-20 10 .. J: A C a I!. 9-4<5 9 1 L I! ss V A T . .. t .. :.. 0 . " .' N , " .1'1 '4-5. It dO ~ ^ V A- I 1. '" 65 ' 11 I L ! ^ T T 1 70 M S 0 -1 p 1 0 R .I 1 7' L L 1 N G ~~ son.. CLASSIFlCATIO~ .ANDREMARKS ., i p T H m lEY SYMBOL SftE!T roa EX.PLANATION 0' i SYMBOLS A}>ID.Al8UVIATION$ ,aow, l~ ~. · 4S ~ . ; S) ss 60 61 1 70 ![I Q, ;. ~ 7S .... c:t !l.. D!Ul.LEI\:. P. Pi\tll !QtJD'MJ!l'lT; o.so ~O! Slal'Idald h:Ileb.lll/ll Tell ASTM ]),1586 HOloS DlA.: J inlrhec REMAlUCS, ROTAAY nRlU.tlCi: GROUND WJ..Tn LEVEL: ) 1M T!:US UCOI.O IS ^RBASONABt.8IMIEllPUt',\'IlON OJl SUBStJ1U'ACB COND111ONS AT'TH! !XPLORA 110N LOCATI<>''f. SLlBSt",VACBCON.DmOSS ATO'I'Sn LOCATtON$ AND AT onma. T1MI!S V.AY n~l'E1L IN'I'aFACEl~!WEBN STRATAAUAPPROXlMA 'fE. Tll.At'Sl'IlONS BS1"NeEN StI.A.'rA. M^T88 OllDWJ... . .. ~j~~;.~ 4t...:y; , ~li" '. ;..f ~,:. . ..w;.~...itoY....:: . o 10 20 ,)0 <0 $0 GO 10 10 so 100 fR.Omer NAi\1E: VlISCHESTER PIT PROJECT LOCI. NAPLES, COLLIER COUNTY. FLORIDA PROJECT No,: 403,~O.O-1087'()1..g00 DRILLED: 10/1111000 BORL"iG 'ND.: 5-1 M.mblll' ~ ~-_..... " ..-.---,-'-----' ;SOIL CL.A.SSIFICATION I.. I ~ ~M1PLES PL $") NM~) :..L~%) , Ii :: L S , I , M"D RBMA.RXS C I! T ~TN.VAU!S .6. ~~tem No. 16A2 r 1: V I~ ~ 1.. ~ arch 27, 2007 if I se. KEY SYMBOL SHEIn' jlO~ !l(P(..AN...TlON OF ~ I · m(bpt) Page 24 of 33 .ft) SY:\GOLS ANP AB'9PJj\'JAT10NS BELOW. I> (d) li!!~ 10 10 30 40 '0 cD 711 " 110 IQl 11 ~1J:tV J'1I" SAN ~ .' ," :'i ~-6-' I" , ',0 !;too A - . U 4-6-1 JA r,: '.: 0;0 ~ :, : II A . '. 1 t U-S II j .' J , . 0 I It i -i 0 7.706 13 l- I U I VER'/ l.OOS~ ftS'Ililzy S.\~D (B:..i) " .' 1'1 .. D 1 . . H-I 1 r \0 - S 10 c; r 11. .' " , ~ ^ c t- 0'. , I! ~ '. r Ii " '0' L J.z.z .. " ".. Jj 1!. I' V . ,0' A , '. r :.: .:' :.0 I .. 0 ~ SOl'! p:ly saM:, etA Y t'el:f ,. ~ , I N 2.~.1 4 ~1 0 20 l' A V ^ L 25~ L ) II. B 15 L B A T ~:tJ1tj .li,nt;y oetll~lc( (8M) 0,:' T 30 l " r 30 .. }lot i .... ,;:,:" J! ~ i . ' " .. .. , '.. ~ ""/%1 ~~ ~ ~[ '$ S.S -6 11 )$ lI:l ~l ; &0&.1 13 .. 4Q :PROJECT NAMEt WINCHESTER. PIT PROJECT LOC,: NAPLES. COLLIER COUNTY, fLORJDA 1ROJEC'l' No. ~ 40320..0-1087.01.800 DRILLED; 1 Olt 6/2000 BOlUNG No.: B.2 PAGE ! L~ ~ UWG"'~ ~. M."",,, _ DlUtLER: t. Pius 2Ql,,'D'MENr. O.$C Mlm!OD: S~P-=ntiOIl TllIr ASf).{ D.1S86 HOt.!! DlA.: ~ i!lR1t:6 REMlJU:5: I""r- 0........ aROUND WAtER LEVEL: 3 !hI THlS lU!CORD IS A UASONABLE IN1'EiU'R!rAnoN Of SIJBSt..'lFACE CO~'D1nONS AT THE 1!XPLOllA'TION LOCAnoN. SUltSUVACBCONDmONS AT OII-:ER LOe... nONS AND AT OTH81. T1M!lS MAY DmnR. ~Aces,BBWE!N STRATA A1t.! APPROXIMA'Tl!. nANSmONS ~ SDATA MAY UGRADUAl. ,~,.; L;:~\:.,. ,~ '..' . . ~, .", , " i1,'l><.~ . , -:#j'l OF 2 I -~.-----"' . , -----.---.----.-.. -- , j I ~ son. CLASSIFICATION AND RSMAlUtS su.UV SYMBQ1.$KIiT f'Olt I!XPLANA'ItON OF SYMBOLS A."m .umu:vaTlONS 1lIl.OW. CJl1 l~ 61 '~ so J 55 ~ amlN.'Cl1 60 ~ 10 1 t .. t. G Ii S' V N 0 C*l N A r 'tJ It A I. a R 8 N 0 S u t A C ! E 1. E V A T 1 C I'l N 0 T A V A 1 , .. A. .9 t- It ^ T T [ M ! 0 r D Il I L i N G f't.,.~ mI~~l ~QR Its o.16A2 · ('lfoMarch 27,2007 . SPT(bpf) Page 25 of 33 ~ an'o 100 1. I A-ls.9 4$ 1~1.f8 J~ so ~ 64 55 34-37-" 70 ~ 65 70 ~ 7$ I o lO 10 30 <40 so ~ 1fl 80 ~ 100 PROJECT NA.L\fE; WINCHBSTBR. PIT PltOJECl'LOC.: NAPLES, COLLIER. COUNTY. FLOPJDA PROJECT No.: 4032()"o.1087..o1-800 DRILLED: 1 O/l5/'lOOO BOIcING No.: B.2 PAGE 2 OF:Z fiI! o...p ""'be' J. J D2lSUJl.lt: P Pil1S lQUtPMENTI 1)..10 Ml!1tiOD: SlUdird Penelr.Itioa Tat J..S!M o.t$" HOLE DII\.: 1 i~ha REMMJ(S; JlOT...RY DWJNO: QltOL'ND WATEllI..SVEl.I ) roe<< nus.RECORD 18 AUASONADLB ~AnoN OPSUBSUU'A.CP.COND.IT!ONS AT 1.lmEXPLOUnow LOCAnON. $USSUU'ACB CONDmo.lllS AT OTHER. LOCA. TIONS AND A.'rot'HBlt TJMES M." Y t>1mm. .IN~ACE,S ~ S'IRAT.... AUAl'PltOXlMATE. ' '11Vl&'iSmONS !I!'n\'!EN S'nV.TA MA YBll OJW:)UAL. ",., ~ '~~ ~--,..-- :'-'i:J-~-~-' - SOtL CLk~If'ICAnON L E SAMPI..ES PLi") NM (~) U.~) S .. L !" AND'M~"'" ".. I T lI:.cDt1I'..,. N.V.Al.UE ~Ucl Ilclll o.16A2 0 l! T e v '/ .. €%March 27, 2007 II SEE nY~t.~!'OR 2lCPUJ'fATION Of N p~~GJ . SlT(bpf) Page 26 of 33 I (f SYMBOLS ANI) ABBJU:V1A.TXlt/S ~LOw. i) (1\) I!.!!! I II> 20 30 4/) so al 70 80 90 100 I ) " .. " Q:,,>:::, N 3~ 10 .\ .. Vl:ll.Y,1RM broWll , , "'i T u II ,:! 1. 1"1 A. i- L 8 , , ", :.. Q R. 0 &-5-6 11 ': .:,.....:. u . .'" '. , N Vl!K l' rClWlll'1lty '. , -'.1 D .' . .... 1.\-1 t Il'l 8 10 U R J .. p ,', " ',' A . . , c " ! V psy Ii ~ L 1.[.( ~ :, !! IJ I ,- r " I' -l A- t r T t 0 N - 1.I.Z 3 ZG UI 2$ ~ 1ll (SOFT' .LlM1!STONB) 30 ! '"' ~ . ! 3$ ~ il ~- <Ill j I I "\ p~OIl:'l1 110\ . " .. .2$ .. 30 15 DRDJ.!1t P. Pllts EQlIlrMENT: ~so MJm{Ot); SllncWdl'&t\CllIlJ.>nTOlII ASN D-I~ari HOLE DtA.: 1 u..:.... R.i~: ROTARY ORIU..lSO: \ I GtlO(J~o WA.-mt!.4VU; l,a Ccct T1i~ RECORD IS A R.Ef.SONABLE INTElV'l!T.6, nON OF StJDStmFACE cowmONS .\T nm BXPlORA1'IO:-l LOC", TLON. SUSSt]R;ACE COW1Tl0US AT O'I'R!?. LOCATIONS AND Aionma TIMES M\Y DIFFEl\. lNT.!!JUlACES BiWEBN SD.ATA ARE APPROXlMA Ta TRANSlnONS B!twm!N !mt\TAMAY BS CiMmJAL. Pll.OJECT NAME: WlNCHESTEll PIT PROJECT LOC.I NAPLES, COI..U:ER COUNTY, FLORIDA PROJECT No.: 40:32000-1087-01-800 DRILLED: 10/1312000 BORING No.: D.3 PAGE 2 1_ ~rou~ Member J. I ----------...-.- , ~1....") 6 JC&)la It~NO. 16A ~--'~' .... SOIL CLASSlP'ICATION L It l! ! 1- p .AND RE~ a E T r B v y March 27, 200 H 3A DT SYMBQLSH!!!TPOR IJCPI.RtAnON 0' )of ,.~~~ . S1'T' (bpI) Page 27 of 3 ~ sn.moLS AND ABBREV1o\TQtS BBLOW, D C~ i.!!;l 10 10 30 .co $0 60 10 fO !II) ICO 1117 .D 10 4.5 RoI:k~.: 44 ~f TIIM RIR .trmlltn&: 44'. "". CI1:33 4S' .46': ot;3I 46' . 47: 00:40 41'-~ClO:I8 -l .0 J . I i 55 ~ ......."",-- 6:S '10 5 ~ .. 6 i 1$ ~ 5. Sl- il to 10 N A T U Jl A L . SOlS' 50/5. o Po 8 r N D S '" U It II A C ! ~ I P-501S' 5n'5" :e v A " T I o N N 47-.5012" SOi2" o T A .., A. I L ^ B 1- B A. T 'I' I M B 50 1lO 6! ~ 70 o F D ~ l L I h' G 75 I D'Rl1.I.U: P. PllI.a &QV'lPMEN'!: !)..So ME11{0I): s..n.w.5l'=w.nlilll1 Tm.UTM.l).1$84 HOU!DIA.: ) lr.dles RJl.\WU3; ROT A:RY DRn.l..INO: cm.Ot.'libW.o\'reIl1J!Ya; La feu TM1S UCOlD.IS A UASONASLE IN't'ER.PUTAnON OP SUBSWAC'B COND1T1ONS AT m.& BXPtOlA'tlON LOCAnoN. SUBSURPACK CQNDmCNSAT Om&R. X"OCAnoNS.AM) AT OTHER "TIMBS MAY DlJIlElt lh"'IBRFi\ces BElt'EEN STPATA ARB A>>!.OXIM.~Tll. TMNSmONS Blitw.8!N .sT.RATA MAYBE GP.A!X1AL. " ...\,:~ , ;ri', ., '."!\ . ,~: . I .. PROJECT NAME: WINCHESTER. PIT PROJECT LOC.; NAPLES) COLLIER. COUN'TY, FLOR.lDA PR.OJECT No.1 40320-0-1087.01-800 DR.ILUD: 10'1~OOO BORING No.: B.3 p fIib,..p Momber .i.. .--~- l ,- fT-~- S~ILCLASSIFICATlON P I AND REMARKS SEE KEY SYMBOL SHEaT FOR BlO'LAH.\ itON" OF ; ............ .IBB_nltIS llSLOW. spy nl N . o "It) SAMPIa T :-..cOUNT N.V'\u; 't p~:,,~ E!~~ ~ 6 5-6.1 13 ~~'~0::: ~tJ~O, 16A2 ... P'lNES (%)March 27, 2007 . SPT ~ Page 28 of 33 311 AO JO &l 70 10 90 100 ~ "'l I ~\-~,:",~;:~:i N A ':' " ,', ."':,'. . '.,' . 1-:1.1 18 , : VER .. 9.ICl.9 3.I-t :t I I \, 10 to \5 r.I-1 1 u 2() \.1-1 % ~ ts 4 %S ~ ~ '0 ~2,.1 .. ~ g ts: j 3S lS ! i 40 3' OR.U.LE1l: P. ft'D EQtlD'MENl': D-5O METHOD: SbMlr:lPm~r. Tsst^STMD-1S86 iiOl.% Df,\.; ~ iDdMI Re.'dAJU;S! RDTAAY o;uz.IJN(j; GROUND WATSIt LEVP.I.o 1.1 &zt PROJli:CT NAME: WINCHESTER. PIT PROJECT LOC.: NAPLES, COLLIER COUNTY, FLORlDA FROJECf No.~ 40320-0-10&7-01-800 DRlLLED; 10/13/2000 BOlUNGNo.: B-4 PAGE 1 OF Z Member ~ 'IHJS RECOltD M A llEASONABL! INTERPWATlON OPSUBStJRPAC! CONDMONS ATmE EXPLORATION LClCATION. &UB8Ulf'hCS comJmONS ATOnma LOCADONS AND A10'n1ER T1MBS MA 'Y DIPPEl. IN'mJUlACBS BBWBEN STRA T." ARE A1PROXIMATB, TRANSmoNS BIiTWSl!N STRATA MAY BE GRADUAL. ~ ""', . ~(' ~f, .-.s:J.' ~--_._-_.,-^"--". ,. O)v~ ~tS.LI:'l~-t".!ON ANt> .R.'EMAR.KS ~__,nnl nS , ,. , r '- If W .-.. .,- ClO 4$ 1 I 1 $0- I I" I ~ I j 5S ] 6S ~ 70 i ~~ OIl" ~ " ~ S ,.; ! i 80 :~~:m: ~:~RI =-l MnHOI>. SliIlcIud PCIUfUlOIl TtoflASTM t)..1 316 HOU D1A.1 ! IJldJIs RE.'fAW; ROTARV DIUL1.a4G: I GROUND WATl!R t.!V'EL: 1.1 fat THIS RBCOlD rs A IUlASONAaLE IN'IQ.PrGTA'nON OF St1BStJlUlACB CONDmoNS AT'lHI iXPLOit.\'nCN LOCAnO'f. St18St1.I:PACB CC'NClTlONS A.T OnmA LOCATIONS AND ATonIBlt l1MI!S MA. Y.DIPP.EL lNTElU'ACES BBWBI!N S'I'RATA AI.! AP1'R.OXIMATB. 1'1tr\NSmoNS BETNEEN S1'J.ATA MAY BE OP.AI>CAL. , .... ~.. ~~. 2F r.. .. g.-uvu......J::O) l''-~'' NMet%) tJ..SA) I e to i ~ ~.cot."NT N'.V.wJl . ~~a Item No. 16A a a i v .!In(\lpl) March 27, 200 Jot 11' ~ ~ ~ Page 29 of 3 D (It) II!!:! .0\0506010 Ice N I ^ T U R. A ,.3-f 7 L 45 0 a 0 u 1'4 D J 1.:0.11 11 S~ . t1 , A. 1 ! V-Il. t6 ~ L $I i v A. r t 0 N }ol lO.I1.I~ tt /) T A V l- I L ^ S 8 L ! ^ T 't' t 70 M S 0 P D R. 1 15 L L ~ 1 N a PROJtCT ~A..~~ WINCHBSTBR. PIT PROJECT LOC.: NAPLES, coweR. COUNTY, MRlDA PROmCfNo.: 40320.0.1 081..() 1.800 MULLEDI 10/1312000 BOlUNG No.: ,B-4 PA.GE 0 2 I ~r.., Mombor. 1 --- ~---- ~--- SAMPLES ,- 'P"F ' , 'NM~) ~") ., SOIL CLAS8lFICATION t a E E t p AND R.EMA.RKS 0 e ..cOUNT N-VALUli .. ~~a lIe NO.16A ,. March 27,2007 il B v SEE KE'Y SYMsoLSHES':' FOR ~^"""ION OF )0; .SP1'lbIdl Page 30 of 33 (~) SYMBOLSA.\'D AlJBUVIA'nONS BBLOW. i) (it) to ~40~60 10 80 9Oioo 10 , }<: 5-10.10 1~ . A ...i&h JII (SI'.SMj l' U 1..7.14 21 R A ~ L 1)-,.$ 11 ! G .. 0 '-6-7 ,3 11 ~ ::" '::'~: 0 r" 1.1.1 a 10 I ] .:.... ~ ' ".' .' ! ..- '" SOIlTID M Vol)'sllty CLAY WI t-1S J-I-2 3 1$ ~ 1 2,":-1 3 2U 25 1.3-3 6 2S 30 a 30 ! ~ ~ ~ i 3$ iL D1\1t.l.D.; P. PIlD EQ'UD'~; I).so MBniOD' SlI/llbrdPezr.nlillll rtfr ASTM 0..1$16 H018 DtA.: 3 I!IdIeI JU!M/IltX:s: ROT,UY::lIUlllNG I I PROJECT NAME: WlNCHESTC-R, Pit PR.OJECT LOC.~ NAPLES, COLLIER COUNn', FLOR.lDA I PROJECT No.: 40320-0-1087-01-800 DRILLED: 10/1212000 BORING No.1 B.S , $-S.7 12 3$ 10.11).11 21 i $0 60 111 10 flO 100 I GROliN!> w" m LEVELl J ~ nIlS ltiCOaI> IS A ltEASONAaL.! 1N1'.ERPMT'A noN OF SUBS'URFAC9 COl\'DrrtONS AT nm E.X:PL01t.Anm1 LOC.A.Tl0N. SUDSURPACSCONOmONS AT OrdER LOCA'ItONS AND ATO'DiEll nMBS MIoYDn:JlER. 1NTiRPACES B:Ii'WEBN S'11IATA AUAPP!OXIMATE, TRANsmONS BEnt'EEN STP.ATA MAY aa OMDUA!... Member J.. --"----1 SOlI. CLASSIFlCA'TION AND REMA1UC.S ,:, ~ !J SZ2JCEYSn.tBO!.SHBEt''FOR.SXPUJo,:.A.T10N OF SYMIJ(U AND AJeQVIATJONS .8J!J..OllI,'. to ~I \\;lb. Rk iSOJlT1.lM2STONB> t ~1 ~~~ ~ 55 j ,,,' ~. 60 8<<'iIlS -.NOli"" 6' j 70 ~ S j 1$ S Q : ~ PI 10 t>lUU!l: P. PiltI 1!Qt."lrM!!NT: D-SO METHOD: SlIII4ar4 PtMntloll1'cst ASTM o.t5111 HOs..!. DlA..: 3 iDoIles R!!MARK$: ROTAJtY D1UJ..tIN<i: GRowm WA'rEa LEVEL: 3 n:cc 11iJS RBC01.D IS A RBAStlNABlB INTBRPllETAno."f OF suesuJUtACZOOl\'MnCNS AT1HE EXPLOUnoN Loc.-.nON. SUBSUJUI4\CB CONDrnoNS AT 0"I'HSn LOCATIONS AND A.T011D!I. mas MAY DIPPSa. INTERPAC!S BawB!N S'TltATAAllB /J't.KOXIV.ATa. 1'RANsmONS BBTWEEN ftKAT.\ MIa Y DB ClRADl,;AL. r ... ~I&:""" . , " . ..... ~ 'I. I- e. l! t. (l . I! V N D (ft) l'oI .1\ T U It It. L 0 l. 0 t! N J) S U , A C ! B L I V ^ T 1 0 N N 0 T A V Ir. I L ^ B 1. ! ^ T T J M B 0 , U It I L I- e }I G ..-.---' .._~ NM('lIo) 1.L ~ A ..Ji~da Ite~ No. 16 March 27, 20 · Sl'T(bpt) Page 31 of so 40 so 60 '70 14 ~ 100 'L~ 1-140%0! J.4 <\S r9.14-10 %4 SD n.~.22 <4, $5 I, j I 20-11-24 4' 60 65 70 r PROJECT NAMJ:: W1NClmSIB1l ptt PROJEcr LOC.l NAPLES. COLLIER COUNTY. MRIDA PROJECT No.: 40320.o.1087.c1.800 I DRIIJ..ED: 10/1212000 BORING No.: 8.5 PAGE 2 OF 2 r ~ 'I i LAWGIIIB Grogl! M_r J. . S II T Ii (~ SOIL CLASSl".t"'1CA![ON A.'IIID .R.EMARX.S L ! (} I! N D : '.'::, j sa!:EY S~L S!iEET ros: !XPtANAn~W of SYM!lOL8 At'll) Al'8RE'\1hnoNS l2LOW. VERY :qSi? WI' ~r .,..'..::.:: ", ..... ...... .... '.:.' ~ ...', r'~ i- ! r ~ :0 IS R ~1'CM) taj [ j LOOSll.....,.....',......_< M I 2' ~~_..........,"(>5h 30 ~ - ~ lli 011I; ~ 3S liil ij i ~l40 DlUWUl.: 1'. Jlitll EQUlPJo.l!:NT: cl-SO MEtRo!): s~ ~on TC$1 AS!M o..:S!1! HotB DV,.: 3 incla UM.W:S; ROTA.RY ORlU.[IIIO: aROiJh'D WArER, Lava: l.4 r. nns lECOltD IS A It!ASON.A.BU lNl'lUlPRnAT10N Or SUBSURFACB COND1T1ONS AT'tHB EXPJ..Oll~noN LOCAnos. SUBSUltFACS COND1T1ONS AT Onml\ LOCA-nONS AND ATOTHn nMES MAY Om:n. lh "TElU'AC'eS lmW!BN S1'ltA T A AlUi APPl\OXIMo\ iE. '1'RANSmONS BE1"WBI!N STRATA MAY Be: GRADUAL. Ii ... ! V n.g.) NM(Yt) u..~%) .. ~saa Ite No. 16A March 27, 200 . Sf7 (b;il) Page 32 of 3 10 7.<: 30 40 '0 dO 11) &ll 9CI It'll Ii ~a 14 ,,~ 14 S 9-14 16 ~. . I; \0 (It} ~ A T U R. ^ L (] It o tJ N D S t! R F A C I! E L ); V A r t o N 2 1$ ~ o T 24 ^ V A 1 L A B L E !l 1$ a JO JS ~1tO,fECT NAME~ WlNCImSTER PIT PROJECT LOC.: NAP~S, call.taR. COUNTY, FLORIDA PROJEq ~C),l 4032o-0.1087~1-~O DRILLED~ 10/1812000 BORlNGND.~ B.o PAGE 1 Member Ia. __~-c-",,,,,'.C~-'- ' 'SOIL CLASSlFICAl'ION ,,; AND R.EMARK.S . ' r H S!E IEYSY\GOt.SHBEtFOR lXPUlNA.nON OF c:i .!YM.DOU AND AD1tt'VJ,I.TDfS moW. l~ - l"1 t j r SO 55 60 1 6$ ~ '70 ~ - m iIi iliS I i a~ I DlULUR: p, Pi'" i l!QtlJP~: d.-SO ,ldETHOD: S:IlIId:Ircl PfIlr.mlo...Tcs: ASfM o.m6 HOUl !)IA.; ) fNllet 1Wf.A.lOOk iOTAllY Dl.IE..LtN'O: cnr.ot.'NtI WA1!B. tEVEL; J.6lttt TBJS UCORD IS A 1lBASONA8L! J!'tc'1'nlu.rAI10N OP SV1l$URPACB co.'lDmDNS AT nu:: IXPlOItA':":ON LOCATION. SUBSURPACB CONOI1'1t)tli"S ,\1 0'rHSl\ LOG\.nONS AND AT OtHEr. TD.G:S MAY DtEFU. IN't'!UACES B!WB!l'l S'l'l.\T.AARE APPI.OXIW.tB, TRANBmONS BBTWEIN S'mATA ~ Y IS CiRACtJ"t.. ;<' '.. .. l.a~}' ..':'~ ~""'"A-_ SAMPLES .. I. li PL e l- I T '.cot.'Nf )I.VALUE a Item No. 16 0 s .. March 27, 200 l! v , 'Y . )i Jt~.." . sn (bgl) Page 33 of 3 0 (4) !!]J 30 40 :so eo '10 10 90 lCO >l , A I T I f u 'l I~~la I A l' l. ~. 45 Q .. 0 U N D S 37>12019 51 50 U II 1 A C E E -+7-35-A.5 80 L 55 Ii V A, T I 0 N N 3'~2..c4 16 0 T : A to V ~ A- I I. ^ IS 1l L E A '1' T I 10 M B 0 P D It I 1S r.. L 1 N a fRomer NAMEt WINCHESTER prr I PROJECT LOC.: NAPLES, COWER COUNTY. FLORIDA I PROJEct No.: 40320.0-10&7-01-800 D.RJLLEDz lO/lWOO BOlUNC No.: B-6 iT 2 Member J.. - - - Agenda Item No. 16A3 March 27, 2007 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions OBJECTIVE: To approve execution and recording of the Release and Satisfactions of Lien, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters CONSIDERA TIONS: Reference Owner of Record Property Address Lien Amount OSM 2006050151 Corinna & Dionicio Martinez 810 Jackson Street, Immokalee $113.46 OSM 2006080625 lrineo & Alma Castillo 5350 Martin St, Naples Area North $125.10 OSM 2006081090 Corinna & Dionicio Martinez 810 Jackson Street, Immokalee $1,113.46 OSM 2005120265 Ernest N, Freeman Jr. 101 Eustis Ave., Immokalee Cost waived OSM 2006030f78 Francisco Rios 308 Tamiami LN, Naples Area North $159.94 OSM 2005120339 Ernest N. Freeman, Jr, 101 Eustis Ave., Immokalee $172.62 OSM 2005120264 Ernest N. Freeman, Jr. 101 Eustis Ave" Immokalee $184.10 OSM 2005080568 Maria Trupiano 695 Pine Crest LN, Naples Area North $255.00 OSM 2006040628 Rony & Jean Sagesse 5322 Coronado Pkwy, Golden Gate City $255.00 Resolution Nos. 2002-169 & 2002- 170 H. Javier & Sherry 1. Castano 646 111 tb Ave. N, Naples Area $703.34 TOTAL $3,082,02 FISCAL IMPACT: Costs incurred by the County are costs of recording the Release and Satisfactions of Lien , estimated to be $10.00 per release, totaling $100.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan, LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. Rev 12/06 Agenda Item No. 16A3 March 27, 2007 Page 2 of 13 RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien. PREPARED BY: Nichole Jennings, Administrative Secretary, Code Enforcement Rev 12/06 Item Number: Ilem Summary: Meellng Dale: Agenda Item No, 16A3 March 27, 2007 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M3 Recommendation to approve the Release and Satisfaction of Lien for payments received for the following Code Enforcement actions 3/27/20079,00,00 AM Code Enforcement Director Date Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement 3/13120072:03 PM Date Approved By Marlene Stewart Community Development & Environmental Services Executive Secreta ry Community Development & Environmental Services Admin. 3113/2007 3:12 PM Approved By Judy Puig Community Development & Environmental Services Date Operations Analyst Community Development & Environmental Services Admin. 3113120073:14 PM App roved By Date Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3/13/20073:43 PM Administrative Assistant Date App roved By OMS Coordinator County Manager's Office Office of Management & Budget 3114/2007 8:40 AM Management & Budget Director Date Approved By , Michael Smykowski County Manager's Office Office of Management & Budget 3115/20075:13 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3/15120079,27 PM Agenda Item No. 16A3 March 27,2007 Page 4 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples. Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated July 7, 2006, a certified copy of which was recorded on July 21, 2006 in O.R. Book 4076, Page 0676 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Dionicio and Corinna Martinez, has been discharged in full. Dionicio and Corinna Martinez 810 Jackson Street Immokalee, FL Folio No. Cost: Reference: 63854880002 $113.46 OSM #2006050151 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Dionicio and Corinna Martinez, and consents to this lien being discharged of record. day of ,2007. Dated this A ITEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETI A, CHAlRMAN Approved as to form and legal sufficien~: Jef~ Assis t County Attorney Agenda Item No. 16A3 March 27,2007 Page 5 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples. Florida 34104 (239) 213-2939 RELEASE AND SA TISF ACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated November 17, 2006, a certified copy of which was recorded on December 11, 2006, in O.R. Book 4151, Pages 1308-09 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Irineo and Alma Castillo, has been discharged in full. Irineo and Alma Castillo 5350 Martin St. Naples, FL Folio No. Cost: Reference: 62096160002 $125.10 OSM #2006080625 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Irineo and Alma Castillo, and consents to this lien being discharged of record. Dated this day of , 2007. A ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLEIT A, CHAIRMAN Approved as to form and legal sufficiency: Jef ri t Assis nt County Attorney Agenda Item No. 16A3 March 27, 2007 Page 6 of 13 This instrument prepared by: Jeff E, Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated October 6, 2006, a certified copy of which was recorded on November 3, 2006, in O.R. Book 4132, Page 1717 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Corinna and Dionicio Martinez, has been discharged in full. Corinna and Dionicio Martinez 810 Jackson Street Immokalee, FL Folio No. Cost: Reference: 63854880002 $1,113.46 OSM #2006081090 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Corinna and Dionicio Martinez, and consents to this lien being discharged of record, Dated this day of ,2007. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETfA, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A3 March 27,2007 Page 7 of 13 This instrument prepared by: Jeff E, Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 3, 2006, a certified copy of which was recorded on March 20, 2006, in O.R. Book 4001, Page 0306 of the Public Records of Collier County. Florida, against the following described real property, and all other real and personal property located in Collier County. owned by Ernest N. Freeman, Jr., has been discharged in full: ErnestN.Freernan,Jr 101 Eustis Avenue Immokalee, FI Folio No. Cost: Reference: 00132800000 Cost waived OSM #200512065 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property. and all other real and personal property owned by Ernest N. Freeman, Jr" and consents to this lien being discharged of record. Dated this day of , 2007. A TIEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETIA, CHAlRMAN By: Approved as to form and legal sufficiency: ~ Agenda Item No. 16A3 March 27, 2007 Page 8 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated July 7, 2006, a certified copy of which was recorded on July 21, 2006, in O.R. Book 4076, Page 0660 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Francisco Rios, has been discharged in full. Francisco Rios 308 Tamiami Lane Naples, Fl Folio No. Cost: Reference: 74412000006 $159,94 OSM #2006030178 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Francisco Rios, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: J AMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A3 March 27,2007 Page 9 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive. Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 3, 2006, a certified copy of which was recorded on March 20, 2006, in O.R. Book 4001, Page 0304 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Ernest N. Freeman, Jr., has been discharged in full: Ernest N. Freeman, Jr 10 1 Eustis Avenue Immokalee, FI Folio No. Cost: Reference: 00132800000 $172.62 OSM #2005120339 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Ernest N, Freeman, Jr., and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: .. Agenda Item No. 16A3 March 27, 2007 Page 10 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated March 3, 2006, a certified copy of which was recorded on March 20, 2006, in O.R. Book 4001, Page 0304 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Ernest N. Freeman, Jr., has been discharged in full: ErnestN. Freeman,Jr 10 1 Eustis Avenue Immokalee, Fl Folio No. Cost: Reference: 00132800000 $184.10 OSM #2005120264 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Ernest N. Freeman, Jr., and consents to this lien being discharged of record. Dated this day of ,2007. A ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLEIT A, CHAIRMAN Approved as to form and legal sufficiency: Agenda Item No. 16A3 March 27, 2007 Page 11 of 13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive. Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 19, 2007, a certified copy of which was recorded on January 25, 2007, in O.R. Book 4174, Pages 0007-0008 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Vito and Maria Trupiano, has been discharged in full. Vito and Maria Trupiano 695 Pine Crest Lane Naples, Fl Folio No. Cost: Reference: 65770760000 $255.00 OSM #2005080568 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Vito and Maria Trupiano, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: / Agenda Item No. 16A3 March 27, 2007 Page 12 of 13 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 19, 2007, a certified copy of which was recorded on January 25, 2007 in O.R. Book 4174, Pages 0001-0002, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Rony and Jean Sagesse, has been discharged in full. Rony and Jean Sagesse 5322 Coronado Parkway Golden Gate Naples, PI Folio No. Cost: Reference: 36317120003 $255.00 OSM #2006040628 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Rony and Jean Sagesse and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~ Agenda Item No. 16A3 March 27,2007 Page 13of13 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples. Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIENS This is to certify that the claims of lien arising out of Board of County Commissioners Resolution Nos. 2002-169 and 2002-170, both of which were passed and adopted on April 9, 2002, and recorded in O,R. Book 3027, at Pages 2697 and 2699, respectively, on April 30, 2002 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by H. Javier and Sherry L. Castano, has been discharged in full. H. Javier and Sherry L. Castano 646 1Ilth Avenue N. Naples, PI Folio Nos, Cost total: Reference: 62570970006 and 62570980009 $703.34 Resolution Nos. 2002-169 and 2002-170 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by by H. Javier and Sherry L. Castano, and consents to this lien being discharged of record. Dated this day of ,2007. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETTA, CHAIRMAN By: Approved as to form and legal sufficiency: Agenda Item No, 16A4 March 27,2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Robert Chipman and Victor George OBJECTIVE: To approve execution and recording of the Release and Satisfactions of Lien, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters CONSIDERA TIONS: Reference Owner of Record Property Address Lien Amount CEB 2006-06 Robert Chipman 39 Clary Ct., Naples FL 34139 $671.31 CEB 2006-21 Victor George 6134 Everett Street, Naples FL 34112 $300.02 TOTAL $971.33 ,- FISCAL IMPACT: Costs incurred by the County are costs of recording the Release and Satisfactions of Lien estimated to be $10.00 per release, totaling $20.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien, PREPARED BY: Bendisa Marku, Operations Coordinator, Code Enforcement _. Rev 12/06 Item Number: Item Summary: Meeting Date: Agenda Item No, 16A4 March 27,2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Robert Chipman and Viclor George 3/27/20079:00,00 AM Date Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 3/12/20075,50 PM Approved By Date Judy Puig Community Development & Environmental SeNices Operations Analyst Community Development & Environmental Services Admin. 3/12/20075:54 PM Approved By Code Enforcement Director Date Michelle Edwards Arnold Community Development & Environmental Services Approved By Code Enforcement 3/13/20072:03 PM Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Servicos Admin. 3/13/20073,44 PM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3/14/20078:42 AM Management & Budget' Director Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 3/1512007 5:17 PM County Manager Date Approved By James V, Mudd Board of County Commissioners County Manager's Office 3/15/20079,31 PM Agenda Item No. 16A4 March 27, 2007 Page 3 of 4 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 30l Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Collier County Code Enforcement Board Order dated January 31, 2007, a certified copy of which was recorded on February 5, 2007, in O.R. Book 4178, Pages 1523-24 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Robert Chipman, has been discharged in full: Folio No. Cost: Reference: 01211720000 $671.31 CEB No. 2006-06 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Robert Chipman, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ,. Agenda Item No, 16A4 March 27, 2007 Page 4 of 4 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 30] Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Collier County Code Enforcement Board dated January 31, 2007, a certified copy of which was recorded on February 5,2007 in O.R. Book 4178, Pages 1515-16 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Victor George, has been discharged in full. Folio No. Cost: Reference: 00421560006 $300.02 CEB No. 2006-21 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Victor George, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMESCOLETTA,CHA~AN , Deputy Clerk Approved as to form and legal sufficiency: Agenda Item No. 16A5 March 27, 2007 Page 1 of 88 EXECUTIVE SUMMARY Recommendation to adopt a Resolution opposing enactment into law proposed Florida Senate Bill 1772 (Companion to proposed Florida House Bill 855) relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. OBJECTIVE: That the Board of County Commissioners (Board) adopt a Resolution opposing enactment into law proposed Senate Bill 1772 (Companion to proposed Florida House Bill 855) relating to cable television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. CONSIDERATIONS: Collier County Ordinance No. 88-90, as amended, provides for the issuing of cable television franchises as a prerequisite to installation, construction or operation of cable television systems that use public right-of-way in the unincorporated areas of Collier County. Collier County has three (3) active, mutually binding cable franchises. .-- Current Florida law requires cable television operators to acquire a local cable franchise agreement from the applicable local government before providing cable service within the respective local government's jurisdictional area if the service provider requires any use of the local government's jurisdictional public right-of way, The current existing obligation to apply for and acquire a local cable franchise to provide the services exists in Florida Statutes (that are to be repealed by this proposed Bill), and from Federal laws or Federal Communications Commission rules. Collier County has negotiated and obtained benefits that satisfy the cable television related needs of our community, including broadcast of County Commission public meetings, services to public schools and other governmental facilities, and other services that support important educational and public interests. Proposed Senate Bill 1772 (Companion to proposed Florida House Bill 855) authorizes cable franchisees to unilaterally terminate existing cable franchises throughout Florida and does not adequately prevent operators from "cherry picking" its customers, The requirement to acquire a local cable TV franchise is not an unreasonable burden to entities that propose to provide these cable television and video services. Pursuant to this proposed Bill, future cable franchising will be accomplished only by the State of Florida, and will eliminate consideration of the needs of local governments, ,-~ It is in the best interests of customers of cable service providers in Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require, enforce, and grant term extensions to local cable television franchise agreements. Agenda Item No, 16A5 March 27, 2007 Page 2 of 88 FISCAL IMPACT: This proposed Bill will eliminate Florida municipalities and Florida counties to receive in-kind contributions and monetary payments agreed to in existing franchise agreements and/or as required by local ordinances, to the extent such agreements or ordinances exceed the "one size fits all" in-kind provisions in this proposed Bill. It has been estimated that, collectively, municipalities and counties will lose at least $20 million annually if this Bill becomes law, Currently, cable television franchise fees represent the largest non-property tax revenue source in the MSTD General Fund (111). Collier County received $4,584,900 in cable television franchise fees in budget year FY06. GROWTH MANAGEMENT IMPACT: No impact on Growth Management IS anticipated. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express its opposition to enactment of proposed Senate Bill 1772 (Companion to proposed Florida House Bill 855), and to direct the County Manager or his designee to deliver a copy of this Resolution to each member of Collier County's Local Legislative Delegation, to Governor Charlie Crist, to the Florida Association of Counties, and to the Florida League of Cities. PREPARED BY: James C. French, Operations Manager, CDES "......... Ilem Number: Ilem Summary: Meeting Date: Agenda Item No, 16A5 March 27, 2007 Page 3 of 88 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 Recommendation to adopt a Resolution opposing enactmenllnto law proposed Flonda Senate Bill 1772 (Companion to proposed Flonda House Bill 855) relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates, 3/27/20079.00:00 AM Operations Supervisor Date Prepared By James French Community Development & Environmental Services CDes Operations 3/14/2007 4,49:58 PM Thomas Palmer Assistant County Attorney Dale Approved By County Attorney County Attorney Office 3/15/20079:46 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3115/200711:15 AM Operations Analyst Date Approved By Judy Puig Community Development & Environmental Services Community Development & Environmental Services Admin. 3/15/20074,31 PM Martene Stewart Executive Secretary Date Approved By Community Development & Environmental Services Community Development & Environmental Services Admin. 311512007 4:3t PM Administrative Assistant Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 3/15/20077:53 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office- Office of Management & Budget 3/16/20071:45 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3117120079:57 AM Agenda Item No. 16A5 March 27,2007 Page 4 of 88 RESOLUTION NO, 2007 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND FLORIDA'S GOVERNOR TO OPPOSE AND DEFEAT PROPOSED FLORIDA SENATE BILL 1772 (COMPANION TO PROPOSED FLORIDA HOUSE BILL 855) RELATED TO CABLE TELEVISION AND COMPETITIVE VIDEO PROGRAMMING SERVICES, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO COLLIER COUNTY'S LOCAL LEGISLATURE DELEGATION, TO FLORIDA'S GOVERNOR, TO THE FLORIDA ASSOCIATION OF COUNTIES AND THE FLORIDA LEAGUE OF CITIES WHEREAS, although this proposed 42-page Florida Senate Bill 1772, companion to proposed Florida House Bill 855, is titled the "Consumer Broadband Choice Act of 2007 (herein collectively the "act"), it does not facilitate choices by consumers of cable service or competitive video programming services; and WHEREAS, the stated purposes for this act, alone or collectively, do not necessitate termination of any existing local cable franchise, or effectively amend any municipal or county cable franchise ordinance, or necessitate prohibiting municipalities or counties from continuing to issue cable franchises, or necessitate prohibiting municipalities or counties from locally enforcing the customer service obligations listed in 47 Code of Federal Regulations, Section 76.309 (c), or necessitate prohibiting municipalities or counties from considering economic impacts of applied-for franchises upon private property in the applied-for franchise area, or necessitate preventing municipalities or counties from considering public need for the requested franchise, or from considering the financial ability of the applicant to perform the applied-for local franchise, from considering other societal interests generally considered in cable television franchising, or from considering other matters that may be deemed to be relevant by the respective municipality and by the respective county; and WHEREAS, this proposed Bill will cause municipalities and counties to lose at least $20 million annually of in-kind contributions from now existing providers; and WHEREAS, notwithstanding the 47 Code of Federal Regulations, Section 76.309 (c), states that cable operators "shall be subject to those customer service standards" without any exception, this act mandates a state-wide exception to those federal standards, which exemption reads "Each cable service provider shall comply with the customer service standards in 47 C.F.R. Section 76.309 (c) until there are two or more providers offering cable service or competitive video programming in the relevant service area"; and WHEREAS, although clarity of the act's phrase "relevant service area" is extremely important, that phrase is not defined in the act, whereby that phrase's ambiguity will probably afford very meager service standards protection to customers and prospective customers; and WHEREAS, on or before January 1, 2009, this act automatically terminates all local cable franchises throughout Florida, which apparently constitutes unconstitutional impairment of contracts in violation of Florida's Constitution and the Constitution of the United States because this act unreasonably intrudes into these franchise agreements to a degree greater than is necessary to achieve the act's stated purposes; and WHEREAS, although one stated purpose in this act is to "continue access to and maintenance of public, education, and government (PEG) channels" this act provides that in each instance where a local cable franchise or ordinance requires PEG obligations that are greater than the act's assumption that 2 or 3 PEG channels are always adequate - such locally agreed-upon greater PEG access is reduced; and WHEREAS, this act prohibits local governments from requiring adequate assurance that the cable operator will provide adequate public, educational, and governmental ("PEG") access channel capacity, facilities, or financial support (that often directly benefit School Boards), except by enacting an optional "standard cable ordinance" that, if enacted, authorizes every such municipality's and every such Page 1 of 3 Agenda Item No. 16A5 March 27,2007 Page 5 of 88 county's "incumbent cable service providers" to thereby unilaterally terminate every existing cable franchise issued by such municipality or by such county; and WHEREAS, this act provides that cable service providers can locate any PEG channel on any offered tier of service that is viewed by at least 40 percent of the provider's subscribers, which in those instances authorizes the provider to remove its PEG channels from its least expensive tiers; and WHEREAS, as of July 1, 2007, this act effectively amends now existing municipal and county cable franchises, and many now existing cable ordinances, because as of July 1, 2007, no municipality or county shall enforce any term, condition, or requirement of any franchise agreement that is more burdensome than the terms, conditions, or requirements imposed on any other certificate holder whether by franchise agreement or ordinance; and WHEREAS, this act authorizes Florida's Department of State to issue its certificates of franchise service without any hearing, without input from individuals or any affected entity other than the applicant, and if the Department of State fails to act on the application within 30 business days after receiving the application, the application is deemed to be granted; and WHEREAS, every Department of State certificate of franchise is fully transferable to any successor in interest of the applicant to which the certificate is initially granted, without any hearing and without input from any individual or any entity other than the applicant, and without analysis or proof regarding the transferee's ability to properly operate the system being transferred; and WHEREAS, the act provides that every certificate offranchise issued by Florida's Department of State can be automatically and summarily terminated simply by the certificate holder submitting notice of the termination to Florida's Department of State; and WHEREAS, this act provides that "The Department of Agriculture and Consumer services shall address customer service complaints expeditiously by assisting with the resolution of such complaints ....", which, delegating only authority to "assisting," may exclude mandating compliance or imposing penalties; and WHEREAS, this act may require Florida's Department of State and Florida's Department of Agriculture and Consumer Services to file cases in courts of law to mandate any compliance or impose any penalties, because this act is silent regarding either Department's authority to penalize or mandate compliance with the act's provisions, or with either Department's rules, or with regard to rules incorporated by reference into this act, because subsection 120.54(1)(e), Florida Statutes, provides that no Florida agency has any authority to establish penalties unless the Legislature, when establishing a penalty, provides that the penalty applies to the agency's rules, but this act is silent regarding such penalties; and WHEREAS, this act is silent regarding "standing" of individuals, or any entity other than the applicant (which delegates no standing to municipalities and counties) to participate regarding matters under the jurisdiction of Florida's Department of State or under the jurisdiction of the Department of Agriculture and Consumer Services, including enforcement actions; and WHEREAS, this act contains many other problematic ambiguities and omissions that can result in unnecessary disagreements and unnecessary litigation, including, for example, the following confusing text in the act's subsection 610.115(5): "...in an area with a density of less than 20 homes per mile from the provider's nearest distribution facility" - because "per mile" is a linear measure of distance, not area; and WHEREAS, In 1988, Collier County enacted its Cable Ordinance (No. 88-90) to require Collier County issued cable television franchise prerequisites for installation, construction and operation of cable television systems in unincorporated Collier County that use public rights of way; and Page 2 of 3 Agenda Item No. 16A5 March 27, 2007 Page 6 of 88 WHEREAS, pursuant to its Cable Ordinance, as amended, Collier County has issued three (3) cable television franchises, all of which were freely and voluntary entered into, and all of which remain mutually binding on Collier County and on each respective franchisee; and WHEREAS, Collier County, through its Cable Ordinance, has negotiated and obtained benefits that satisfy the cable service related needs of our community, including broadcasts of the County Commission's meetings, services to Collier County public schools and other governmental facilities, and other services that support important educational and public interests; and WHEREAS, it is in the best interests of customers of cable service providers and providers of competitive video programming in unincorporated Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require these subject local franchises, and to continue to be able to grant franchise agreement term extensions to the existing franchises that include a term extension provision; and WHEREAS, existing Florida general laws that require prospective cable TV providers to acquire a local cable franchise is not an unreasonable burden upon any such applicant, and continuing to issue the subject local franchises is in the best interests of the municipalities, the counties, School Boards, the franchisees and the franchisee's customers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: 1. The foregoing "WHEREAS" clauses are hereby incorporated herein as an integral part of this Resolution. 2, For each of the above reasons, and many others too numerous to include in this Resolution, the Board of County Commissioners of Collier County, Florida, hereby expresses its strong opposition to proposed Florida House Bill 1772 (companion to proposed House Bill 855). 3. Collier County's Board of County Commissioners urges members of the Florida legislature to oppose and defeat proposed Florida Senate Bill 1772 (companion to House Bill 855), and if Florida's Legislature forwards this act to Governor Crist, Collier County's Board of County Commissioners urges that he veto the act; and 4. County Manager, Jim Mudd, is hereby directed to immediately distribute a copy of this Resolution to Governor Crist, to all members of Collier County's local Legislative Delegation, to the Florida Association of Counties, and to the Florida League of Cities. 5. This Resolution shall be effective upon adoption. ADOPTED by the Board of County Commissioners of Collier County, Florida, this_ day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman Approved as to form and legal sufficiency: By: Thomas C. Palmer, Assistant County Attorney Page 3 of 3 Florida Senate - 2007 By Senator Fasano 11-1416A-07 1 A bill to be entitled Agenda Item No, 16A5 March 27,2007 Page 7 of 88 BB 1772 See HB 855 CODING: Words strieltea are deletions; words underlined are additions. 2 3 An act relating to statewide cable television franchises; providing a short title; providing legislative findings; amending s. 202.24, F.S.; prohibiting counties and municipalities from negotiating terms and conditions relating to cable services; deleting authorization to negotiate; revising application to existing ordinances or franchise agreements; amending s. 337.401, F.S.; deleting authorization for counties and municipalities to award cable service franchises and a restriction that cable 4 5 6 7 8 9 10 11 12 13 14 service companies not operate without such a franchise; amending s. 337.4061, F.S.; revising definitions; creating ss. 610.102, 610.103, 15 16 610.104, 610.105, 610.107, 610.1075, 610.108, 17 610.109, 610.1105, 610.1115, 610.112, 610.113, 610,114, 610.115, 610.116, 610.117, 610.118, and 610.119, F.S.; designating the Department of State as the franchising authority; prohibiting counties and municipalities from granting new franchises for cable services after a certain date; providing definitions; authorizing counties and municipalities to enact a standard cable ordinance for providing cable service; providing notice requirements; providing ordinance requirements; providing construction relating to authority over communications services other than cable 18 19 20 21 22 23 24 25 26 27 28 29 30 31 service or competitive video programming servicesj providing for a statutory certificate 1 Florida Senate - 2007 11-1416A- 07 1 of franchise authority from the state in absence of a standard cable ordinance Agenda Item No. 16A5 March 27,2007 Page 8 of 88 SB 1772 See HB 855 CODING: Words stricken are deletions; words underlined are additions. 2 3 enactment; providing eligibility requirements; specifying required provisions of a standard cable ordinance; providing for optional 4 5 6 provisions of a standard cable ordinance; 7 providing application procedures and requirements for a statutory certificate of franchise authority; providing for issuing certificates of franchise authority; providing eligibility requirements and criteria for a certificate; authorizing the department to adopt rules; authorizing the department to 8 9 10 11 12 13 14 revoke certificates under certain 15 circumstances; providing for an application 16 form; providing for fees; specifying authority contained in a certificate of authority; providing conditions of eligibility of 17 18 19 incumbent cable service providers to seek an ordinance or statutory certificate of 20 21 authority; prohibiting the department from 22 imposing taxes, fees, or charges on a cable service provider to issue a certificate; 23 24 requiring certificateholders to make cable service available at certain public buildings 25 26 under certain circumstances; imposing certain 27 customer service requirements on cable service 28 providers; requiring the Department of 29 Agriculture and Consumer Services to receive 30 customer service complaints; requiring provision of public, educational, and 31 2 Agenda Item No. 16A5 March 27, 2007 Page 9 of 88 Florida Senate - 2007 11-1416A-07 SB 177 2 See HB 855 1 governmental access channels or capacity CODING: Words etric]tcR are deletions; words underlined are additions. 2 equivalent; providing criteria, requirements, 3 and procedures; providing exceptions; providing responsibilities of municipalities and counties relating to such channels; providing for enforcement; providing requirements for and 4 5 6 7 limitations on counties and municipalities 8 relating to access to public right-of-way; prohibiting counties and municipalities from imposing additional requirements on certificateholders; authorizing counties and municipalities to require permits of certificateholders relating to public right-of-way; providing permit criteria and requirements; prohibiting discrimination between cable service subscribers; providing 9 10 11 12 13 14 15 16 17 for enforcement; providing for determinations 18 of violations; providing for enforcement of compliance by certificateholders; providing 19 20 applicability to competitive video programming 21 services; providing report requirements; 22 providing enforcement limitations; providing severability; creating s. 364.1605, F.S.; specifying duties for certain incumbent local exchange carriers relating to voice-over-Internet protocols; specifying application of certain federal standards for 23 24 25 26 27 28 29 certain requests of incumbent local exchange carriers; providing definitions; repealing s. 166.046, F.S" relating to definitions and minimum standards for cable television 30 31 3 Agenda Item No. 16A5 March 27,2007 Page 10 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 franchises imposed upon counties and municipalities; amending ss. 350.81 and 2 3 364.0361, F,S.; conforming cross-references; 4 providing an effective date. 5 6 Be It Enacted by the Legislature of the State of Florida: 7 8 Section 1. This act may be cited as the "Consumer 9 Broadband Choice Act of 2007." 10 Section 2. Leqislative findinqs.-- 11 {ll The Leqislature finds that: 12 {al Cable proqramminq services provide numerous 13 benefits to the health, safety, and welfare of the residents 14 of this state, includinq access to a variety of news. public 15 information. education. and entertainment proqramminq. 16 {bl The state should brinq uniformity and efficiency 17 to the cable service franchisinq authorization process that 18 allows market participants to use their networks and systems 19 to provide video, voice. and broadband services to the 20 residents of this state. 21 {2l The Leqislature finds as a matter of important 22 statewide concern that reformation of the franchisinq process 23 is necessary to: 24 (al Create a fair and level playinq field for all 25 market competitors that does not disadvantaqe or advantaqe one 26 service provider or technoloqy over another. 27 {bl Promote the widespread access to advanced cable 28 services to all communities in this state in a 29 nondiscriminatory manner reqardless of socioeconomic status. 30 (cl Maintain local qovernment communications services 31 tax revenues and control of public riqhts-of-way. 4 CODING: Words st.ric](cfi are deletions; words underlined are additions. Agenda Item No, 16A5 March 27,2007 Page 11 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (d) Complement efforts to increase investment in 2 broadband infrastructure and close the diqital divide. 3 (e) Continue access to and maintenance of public. 4 education. and qovernment (PEG) channels. 5 (3) The Leqislature finds that providinq an incumbent 6 cable operator with the option to secure a standard ordinance 7 or statutorY certificate franchise throuqh the preemption of 8 an existinq cable franchise between a cable operator and any 9 political subdivision of the state. includinq. but not limited 10 to. any municipality or county. is an essential element of the 11 new requlatory framework established by this act as a matter 12 of statewide concern to best ensure eaual protection and 13 parity amonq providers and technoloqies. as well as to achieve 14 the qoals stated by the Leqislature in enactinq this act. 15 Section 3. Paragraphs (a) and (c) of subsection (2) of 16 section 202.24, Florida Statutes, are amended to read: 17 202.24 Limitations on local taxes and fees imposed on 18 dealers of communications services.-- 19 (2) (a) Except as provided in paragraph (c), each 20 public body is prohibited from: 21 1. Levying on or collecting from dealers or purchasers 22 of communications services any tax, charge, fee, or other 23 imposition on or with respect to the provision or purchase of 24 communications services. 25 2. Requiring any dealer of communications services to 26 enter into or extend the term of a franchise or other 27 agreement that requires the payment of a tax, charge, fee, or 28 other imposition. 29 3. Adopting or enforcing any provision of any 30 ordinance or agreement to the extent that such provision 31 obligates a dealer of communications services to charge, 5 CODING: Words atric](cH are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 12 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 collect, or pay to the public body a tax, charge, fee, or 2 other imposition, 3 4 Municipalities and counties may not neqotiate the Baeft 5 ffiuRicipality aRa COURt)' rctaiRs authority to Rc~otiatc all 6 tcrlfls aRa cORaitielRO of a caalc scrvicc fraRChi13c allO\;ca by 7 fcacral aRa statc la" CJ(ccpt thOClC terms and conditions 8 related to franchise fees ~ ~ the definition of gross 9 revenues or other definitions or methodologies related to the 10 payment or assessment of franchise fees on providers of cable 11 services. 12 (c) This subsection does not apply to: 13 1. Local communications services taxes levied under 14 this chapter. 15 2. Ad valorem taxes levied pursuant to chapter 200, 3. Occupational license taxes levied under chapter 16 17 205. 18 4. "911" service charges levied under chapter 365. 19 5. Amounts charged for the rental or other use of 20 property owned by a public body which is not in the public 21 rights-of-way to a dealer of communications services for any 22 purpose, including, but not limited to, the placement or 23 attachment of equipment used in the provision of 24 communications services. 25 6, Permit fees of general applicability which are not 26 related to placing or maintaining facilities in or on public 27 roads or rights-of-way. 28 7. Permit fees related to placing or maintaining 29 facilities in or on public roads or rights-of-way pursuant to 30 s. 337.401. 31 6 CODING: Words strickcR are deletions; words underlined are additions. Agenda Item No, 16A5 March 27, 2007 Page 13 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 8. Any in-kind requirements, institutional networks, 2 or contributions for, or in support of, the use or 3 construction of public, educational, or governmental access 4 facilities allowed under federal law and imposed on providers 5 of cable service pursuant to any existinq ordinance or sn 6 existinq franchise agreement qranted bv each municipality or 7 county, under which ordinance or franchise aqreement service 8 is provided prior to July 1, 2007. Nothing in this 9 subparagraph shall prohibit the ability of providers of cable 10 service to recover such expenses as allowed under federal law. 11 9. Special assessments and impact fees, 12 10. Pole attachment fees that are charged by a local 13 government for attachments to utility poles owned by the local 14 government. 15 11. Utility service fees or other similar user fees 16 for utility services. 17 12. Any other generally applicable tax, fee, charge, 18 or imposition authorized by general law on July 1, 2000, which 19 is not specifically prohibited by this subsection or included 20 as a replaced revenue source in s. 202.20. 21 Section 4, Paragraphs (a), (e), and (f) of subsection 22 (3) of section 337.401, Florida Statutes, are amended to read: 23 337.401 Use of right-of-way for utilities subject to 24 regulation; permit; fees.-- 25 (3) (a)~ Because of the unique circumstances 26 applicable to providers of communications services, including, 27 but not limited to, the circumstances described in paragraph 28 (e) and the fact that federal and state law require the 29 nondiscriminatory treatment of providers of telecommunications 30 services, and because of the desire to promote competition 31 among providers of communications services, it is the intent 7 CODING: Words atriolten are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 14 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 of the Legislature that municipalities and counties treat 2 providers of communications services in a nondiscriminatory 3 and competitively neutral manner when imposing rules or 4 regulations governing the placement or maintenance of 5 communications facilities in the public roads or 6 rights-of-way. Rules or regulations imposed by a municipality 7 or county relating to providers of communications services 8 placing or maintaining communications facilities in its roads 9 or rights-of-way must be generally applicable to all providers 10 of communications services and, notwithstanding any other law, 11 may not require a provider of conununications services, cxccpt 12 ao etacn.iBc providcd in BUBpara~rapa 2. , to apply for or 13 enter into an individual license, franchise, or other 14 agreement with the municipality or county as a condition of 15 placing or maintaining communications facilities in its roads 16 or rights-of-way, In addition to other reasonable rules or 17 regulations that a municipality or county may adopt relating 18 to the placement or maintenance of conununications facilities 19 in its roads or rights-of-way under this subsection, a 20 municipality or county may require a provider of 21 communications services that places or seeks to place 22 facilities in its roads or rights-of-way to register with the 23 municipality or county and to provide the name of the 24 registrant; the name, address, and telephone number of a 25 contact person for the registrant; the number of the 26 registrant's current certificate of authorization issued by 27 the Florida Public Service Commission~ ef the Federal 28 Communications Commission, or the Department of State; and 29 proof of insurance or self-insuring status adequate to defend 30 and cover claims. For the purposes of this section, the term 31 "communications service" includes "cable service" as defined 8 CODING: Words atric][cn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 15 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 in s. 610.103 and "comoetitive video oroqramminq services" as 2 defined in s. 610.117. 3 2. H6tnitfistaRaiR~ the llre."isieRs of Bubllaragra'(;lfi 1., 4 a ffiuRicillalit) or ce~Rt) may, as llreviaca by 17 D.G.C. 8. S11, 5 a'\Jara eRc or morc fraacfiiBeB \dtfiiR itB j~risaictioR fer tfie 6 llreviBieR of cablc scr.ice, aRa a llro.ider of cablc Ber.icc 7 Bflall Rot llro.idc cable scrvice ~itflout s~ch fraRcfiisc. Bacfi 8 mURicillality aRa COURt) retaiRB aatfiority to Rc~etiate all 9 termB aRa cORaitisRB of a Elablc scr.icc fraRElfiise allonea b) 10 feaeral Ian aRa B. lCLCHb, mwellt those termB ana conditiono 11 relatca to fraRcfiisc fccs ana tfic aefinitisR of groBs ICJCR~CS 12 or otfier dcfinitions or metfioaolo~ies relatea to tfie llaYfficRt 13 or assessmcRt of fraRcfiise fees aRa llCIffiit feeB as llro.iaea iR 14 paragrapfi (c) OR llrovidcrs of cable Bervices. A municipality 15 or COURt) ma) eJterCiBe its right to reeftlirc from pro"" iaers of 16 cable scr.riec iR ldna reeruireHlcnt6, incltiding, but Rot limi tea 17 to, iRstitutional nct~orltS, aRa cORtributioRS for, or in 18 BUllllort of, tfie tiSO or c6nstructioR of lltiblic, cfrucational, or 19 go"" ernHIcntal access facilities to tho C]ttent pcrmittea by 20 fcaeral la'\J. A ]?roviaer of cable sE)r"vice may cncn:ise ita 21 right to reco."er a'll) SUElfi C]tpCnseB associatca ".Jitfi suefi 22 iR kiRa rceruircmcnts, to tfic enteRt llermittca by fcaeral la'\:. 23 (e) The authority of municipalities and counties to 24 require franchise fees from providers of communications 25 services, with respect to the provision of communications 26 services, is specifically preempted by the state, eJtcellt aC3 27 othen.-isc proviaea iR Bubllaragrallh (a) 2., because of unique 28 circumstances applicable to providers of communications 29 services when compared to other utilities occupying municipal 30 or county roads or rights-of-way. Providers of communications 31 services may provide similar services in a manner that 9 CODING: Words strickcR are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 16 of 88 Florida Senate - 2007 11-1416A-07 SB 177 2 See HB 855 1 requires the placement of facilities in municipal or county 2 roads or rights-of-way or in a manner that does not require 3 the placement of facilities in such roads or rights-of-way. 4 Although similar communications services may be provided by 5 different means, the state desires to treat providers of 6 communications services in a nondiscriminatory manner and to 7 have the taxes, franchise fees, and other fees paid by 8 providers of communications services be competitively neutral, 9 Municipalities and counties retain all existing authority, if 10 any, to collect franchise fees from users or occupants of 11 municipal or county roads or rights-of-way other than 12 providers of communications services, and the provisions of 13 this subsection shall have no effect upon this authority. The 14 provisions of this subsection do not restrict the authority, 15 if any, of municipalities or counties or other governmental 16 entities to receive reasonable rental fees based on fair 17 market value for the use of public lands and buildings on 18 property outside the public roads or rights-of-way for the 19 placement of communications antennas and towers. 20 (f) Except as expressly allowed or authorized by 21 general law and except for the rights-of-way permit fees 22 subject to paragraph (c), a municipality or county may not 23 levy on a provider of communications services a tax, fee, or 24 other charge or imposition for operating as a provider of 25 communications services within the jurisdiction of the 26 municipality or county which is in any way related to using 27 its roads or rights-of-way. A municipality or county may not 28 require or solicit in-kind compensation, except as otherwise 29 provided in s. 610.1075(2) a~epara~raph (a)2. Nothing in this 30 paragraph shall impair any ordinance or agreement in effect on 31 May 22, 1998, or any voluntary agreement entered into 10 CODING: Words 6trick~R are deletions; words underlined are additions. Agenda Item No, 16A5 March 27, 2007 Page 17 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 subsequent to that date, which provides for or allows in-kind 2 compensation by a telecommunications company. 3 Section 5. Section 337.4061, Florida Statutes, is 4 amended to read: 5 337.4061 Definitions; unlawful use of state-maintained 6 road right-of-way by nonfranchised cable tclc?ision 7 services.-- 8 9 (1) As used in this section, the term: (a) "Cable service" means: 10 1. The one-way transmission to subscribers of video 11 programming or any other programming service; and 12 2. Subscriber interaction, if any, which is required 13 for the selection or use of such video programming or other 14 programming service. 15 (b) "Cable system" means a facility, consisting of a 16 set of closed transmission paths and associated signal 17 generation, reception, and control equipment that is designed 18 to provide cable service which includes video programming and 19 which is provided to multiple subscribers within a community, 20 but such term does not include: 21 1. A facility that serves only to retransmit the 22 television signals of one or more television broadcast 23 stations; 24 2. A facility that serves ~ subscribers without 25 usinq in enc or ffierc multiplc unit ffi;cllin~6 undcr COffiffion 26 m;ncr6hip, control, or ffia:aagcfficnt, unlc6Cl Bucll facilit) or 27 faciliticB use any public right-of-way; 28 3. A facility of a common carrier that is sublect, in 29 whole or in part, to the provisions of Title II of the Federal 30 Cable Act, except that such facility shall be considered a 31 cable system other than for purposes of s. 621(c) of the 11 CODING: Words strickcn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 18 of 88 Florida Senate - 2007 ll-1416A-07 SB 1772 See HB 855 1 Federal Cable Act to the extent such facility is used in the 2 transmission of video programming directly to subscribers~ 3 unless the extent of such use is solely to provide interactive 4 on-demand services; ef 5 4. An open video system that complies with s. 653 of 6 the Federal Cable Act; or 7 ~~ Any facilities of any electric utility used 8 solely for operating its electric utility systems. 9 (c) "Franchise" means an initial authorization or 10 renewal thereof issued by a franchising authority, whether 11 such authorization is designated as a franchise, permit, 12 license, resolution, contract, certificate, agreement, or 13 otherwise, which authorizes the construction or operation of a 14 cable system. 15 (d) "Franchising authority" means any governmental 16 entity empowered by federal, state, or local law to grant a 17 franchise, 18 (e) "Person" means an individual, partnership, 19 association, joint stock company, trust, corporation, or 20 governmental entity. 21 (f) "Video programming" means programming provided by 22 or generally considered comparable to programming provided by 23 a television broadcast station or cable system, 24 (2 ) It is unlawful to use the right-Of-way of any 25 state-maintained road, including appendages thereto, and also 26 including, but not limited to, rest areas, wayside parks, 27 boat-launching ramps, weigh stations, and scenic easements, to 28 provide for cable service over a cable system pUrpOBCG within 29 a geographic area subject to a valid existing franchise for 30 cable service, unless the cable system using such right-of-way 31 holds a franchise from a franchisinq authority ~ 12 CODING: Words etric][cfi are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 19 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 ffianiei~ality er ee~Hty for the area in which the right-of-way 2 is located. 3 (3) A violation of this section shall be deemed a 4 violation of s. 337.406. 5 Section 6. Sections 610.102, 610.103, 610.104, 6 610.105, 610.107, 610.1075, 610.108, 610.109, 610.1105, 7 610.1115, 610.112, 610.113, 610.114, 610.115, 610.116, 8 610,117, 610.118, and 610.119, Florida Statutes, are created 9 to read: 10 610.102 Authority to issue cable franchise.--The 11 department shall be desiqnated as the franchisinq authority. 12 pursuant to 47 U,S.C. s. 522(10). for an ordinance or 13 statutory franchise for the provision of cable service. A 14 municipality or county may not qrant a new franchise for the 15 provision of cable service within its iurisdiction after the 16 effective date of this act. 17 610.103 Definitions.--As used in this chapter, the 18 term: 19 20 (1) "Cable service" means: ta) The one-way transmission to subscribers of video 21 proqrarnminq or any other proqrarnminq service: and 22 (b) Subscriber interaction. if any. that is reauired ,23 for the selection or use of such video proqramminq or other 24 proqramminq service. 25 (2) "Cable service provider" means a person that 26 provides cable service over a cable system. 27 (3) "Cable system" means a facility consistinq of a 28 set of closed transmission paths and associated siqnal 29 qeneration, reception. and control eauipment that is desiqned 30 to provide cable service that includes video proqramminq and 31 13 CODING: Words etrie][CB are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 20 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 that is orovided to multiole subscribers within a communi tv , 2 but such term does not include: 3 (a) A facility that serves only to retransmit the 4 television siqnals of one or more television broadcast 5 stations: 6 (b) A facility that serves subscribers without usinq 7 any oublic riqht-of-way: 8 (c) A facility of a common carrier that is subiect, in 9 whole or in oart, to the orovisions of Title II of the Federal 10 Cable Act, exceot that such facility shall be considered a 11 cable system other than for ourooses of s, 621(c} of the 12 Federal Cable Act only to the extent such facility is used in 13 the transmission of video oroqramminq directly to subscribers, 14 unless the extent of such use is solely to orovide interactive 15 on-demand services: 16 (d) An ooen video system that comolies with s. 653 of 17 the Federal Cable Act; or 18 (e) Any facilities of any electric utility used solely 19 for ooeratinq its electric utility systems, 20 (4 ) "Certificateholder" means a cable service orovider 21 or a comoetitive video oroqramminq services orovider that has 22 been issued and holds an ordinance or statutory certificate of 23 franchise authority from the deoartment. 24 (5 ) (6 ) "Deoartment" means the Deoartment of State. 25 "Franchise" or "franchise authority" means an 26 initial authorization or renewal of an authorization, 27 reqardless of whether the authorization is desiqnated as a 28 franchise, oermit, license, resolution, contract, certificate, 29 aqreement, or otherwise, to construct and ooerate a cable 30 system in the oublic riqht-of-way, 31 14 CODING: Words atrickcfi are deletions; words underlined are additions. Agenda Item No. 16A5 March 27,2007 Page 21 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 ( 7) "Incumbent cable service provider" means the cable 2 service provider servinq cable subscribers in a particular 3 municipal or county franchise area on Julv 1. 2007. subiect to 4 an unexpired franchise aqreement. 5 (8 ) "Public riqht-of-wav" means the area on. below. or 6 above a public roadway, hiqhwav. street. sidewalk. or alley. 7 includinq, but not limited to, a municipal. county. state. 8 district, or other public roadway. hiqhwav. street. sidewalk. 9 or alley. 10 ( 9) "Video proqramminq" means proqramminq provided by. 11 or qenerallv considered comparable to proqramminq provided by. 12 a television broadcast station as set forth in 47 V.S.C. s, 13 522 (20) . 14 610.104 Standard cable ordinance; ordinance 15 certificate of franchise authoritv.-- 16 (1) A municipality or county may enact a standard 17 cable ordinance for the provision of cable service over a 18 cable system within its iurisdiction within 90 days after a 19 request bY an entity or person. other than the incumbent cable 20 service provider. seekinq to provide cable service over a 21 cable system in whole or in part within that municipality or 22 county but in no event later than Januarv 1. 2009. A 23 municipality must. at least 10 days prior to consideration on 24 first readinq. and a county must. at least 15 days prior to 25 consideration at a public hearinq. provide notice to the 26 Secretary of State of a proposed standard cable ordinance. The 27 notice required bv this subsection must be published bv the 28 Secretary of State on a desiqnated Internet website. 29 (2) A standard cable ordinance shall contain each of 30 the terms and conditions set forth in s. 610.107 usinq the 31 precise lanquaqe contained in that section, The standard cable 15 CODING: Words Btric](CB are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 22 of 88 Florida Senate - 2007 ll-1416A-07 SB 1772 See HE 855 1 ordinance mav contain anv or all of the provisions in s. 2 610.1075 and shall not impose anv other terms or conditions 3 upon a cable service provider. If a municipalitv or countv 4 enacts a standard cable ordinance within the 90-dav period 5 that complies with the reQUirements of this section, an entitv 6 or person seekinq to provide cable service over a cable svstem 7 in whole or in part within that municipalitv or countv shall 8 file its application for an ordinance certificate pursuant to 9 the terms and conditions set forth in s, 610.107 with the 10 municipalitv or countv. Upon determininq that an applicant has 11 met the criteria as set forth in s. 610.107, the municipalitv 12 or countv shall immediatelv issue notice of compliance to the 13 department, whereupon the department shall issue an ordinance 14 certificate of franchise authoritv that contains all of the 15 terms set forth in s, 610.108(4) within 5 business davs. The 16 standard cable ordinance enacted bv a municipalitv or countv 17 pursuant to, and in conformance with, the reQUirements of this 18 chapter shall supersede anv existinq cable ordinance enacted 19 bv the countv or municipalitv with reqard to anv cable service 20 provider electinq to applv for or operatinq under a standard 21 ordinance certificate. A municipalitv or countv mav not chanqe 22 the terms of anv ordinance adopted pursuant to this section, 23 except that the municipalitv or countv mav chanqe terms 24 adopted pursuant to s. 610.1075 after a period of 10 vears 25 after the date of initial enactment of the standard ordinance 26 and everv 10 vears thereafter, subiect to the limits set forth 27 in s. 610.1075(1)-(7). 28 (3) Nothinq in this act shall be construed to qive anv 29 local qovernment or the department anv authoritv over anv 30 communications service other than cable service or competitive 31 16 CODING: Words l3trickcl'i are deletions; words underlined are additions. Agenda Item No, 16A5 March 27,2007 Page 23 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 video proqramminq services whether offered on a common carrier 2 or private contract basis. 3 610.105 Statutorv certificate.--In the event a 4 municipality or county fails to enact the standard cable 5 ordinance permitted bv s, 610.104 within 90 days after a 6 request or before January 1, 2009, whichever is earlier, or 7 fails to provide notice of compliance with the department to 8 allow the department to issue an ordinance certificate 9 pursuant to the standard cable ordinance within the period set 10 forth in s. 610.107(3), an entity or person seekinq to provide 11 cable service over a cable system in whole or in part within 12 that municipality or county shall file for a statutory 13 certificate of franchise authority with the department as set 14 forth in s, 610.108. 15 610.106 Eliqibility,--An entity providinq cable 16 service under an unexpired franchise aqreement with a 17 municipality or county as of July 1. 2007 is not eliqible to 18 apply for an ordinance or statutory certificate of franchise 19 authority with respect to such municipality or county until 20 the franchise aqreement expires. except as proyided by s. 21 610.109(2). An entity providinq cable seryice may seek an 22 ordinance or statutory certificate to provide service in areas 23 where the entity currently does not haye an existinq franchise 24 aqreement as of JulY 1, 2007. 25 610.107 Required provisions of standard cable 26 ordinance.--A municipality or county electinq to enact a 27 standard cable ordinance pursuant to s. 610.104 must adopt the 28 provisions set forth in subsections (1)-(11): 29 (1) An entity or person seekinq to provide cable 30 service oyer a cable system located in whole or in part within 31 the applicable municipality or county must submit to the 17 CODING: Words atric][cn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 24 of 88 Florida Senate - 2007 11-1416A- 07 SB 1772 See HB 855 1 applicable municipal or county aaency an affidayit sianed by 2 an officer or aeneral partner of the applicant affirmina: 3 (al That the applicant has filed or will timely file 4 with the Federal Communications Commission all forms required 5 by that aaency in advance of offerina cable service in this 6 state, 7 (bl That the applicant aarees to comply with all 8 applicable federal and state laws and reaulations. to the 9 extent that such state laws and rules are not in conflict with 10 or superseded by the provisions of chapter 610 and s. 337.401 11 or other applicable state law. 12 (cl That the applicant aqrees to comply with all 13 lawful state laws and rules and municipal and county 14 ordinances and reaulations reaardinq the placement and 15 maintenance of communications facilities in the public 16 riaht-of-way that are aenerally applicable to providers of 17 communications services in accordance with s. 337.401. 18 (dl A description of the service area for which the 19 applicant seeks certificate of franchise authority. which 20 shall be coextensive with municipal, county, or other 21 political boundaries. For applicants with existina 22 communications facilities. the service area shall be 23 coextensive with any provider'S existina network boundaries, 24 (el The location of the applicant's principal place of 25 business and the names of the applicant's principal executive 26 officers. 27 (f) That the applicant is authorized to do business in 28 the state. 29 (al That the applicant has sufficient technical. 30 financial. and manaaerial capability to provide cable service 31 within the service area for which the applicant seeks a 18 CODING: Words otrickcn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 25 of 88 Florida Senate - 2007 11-1416A- 07 SB 1772 See HB 855 1 certificate of franchise authority. At the time of filinq the 2 affidavit, the applicant shall furnish its most recent 3 unaualified audited financial statement if a publicly 4 ayailable audited financial report for the applicant or its 5 parent entity is not ayailable. 6 (h) That neither the applicant nor any of its current 7 principal executiye officers are under indictment or have been 8 convicted of a felony in this state. 9 (2) Before the lOth business day after an applicant 10 for a certificate of franchise authority submits the affidavit 11 described in subsection (1), the applicable municipal or 12 county aqency shall notify the applicant whether the 13 applicant's affidavit is complete. If the applicable municipal 14 or county aqency finds that the application is incomplete. the 15 applicable municipal or county aqency must specify with 16 particularity the corrective action reauired and permit the 17 applicant to amend the application to cure any deficiency. 18 (3) The applicable municipal or county aqency shall 19 provide a notice of compliance to the Department of State 20 before the 15th business day after receipt of an affidavit 21 submitted bY an applicant pursuant to subsection (1). except 22 that, if the applicable municipal or county aqency provides 23 notice before the lOth business day after receipt of the 24 affidavit that the affidavit is not complete pursuant to 25 subsection (2), the applicable municipal or county aqency 26 shall submit a notice of compliance to the Department of State 27 within 5 business days after receipt of an amended affidavit, 28 (4) After the Department of State issues an ordinance 29 certificate of franchise authority pursuant to s, 610.104, the 30 applicant shall haye the riqht to provide cable service over a 31 cable system as requested in the affidavit and shall have the 19 CODING: Words BtrickcB. are deletions; words underlined are additions. Agenda Item No. 16A5 March 27,2007 Page 26 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 riqht to construct. maintain. and operate facilities throuqh. 2 upon, over. and under any public riqht-of-way or waters within 3 the applicable municipality or county. 4 (5) A certificateholder may include additional service 5 areas within the applicable municipality or county in its 6 current ordinance certificate by filinq notice with the 7 applicable municipal or county aqency and the Department of 8 State that reflects the new service area or areas to be 9 served. 10 (6) The ordinance certificate is fully transferable to 11 any successor in interest to the applicant to which the 12 certificate is initially qranted. A notice of transfer shall 13 be filed with the applicable municipal or county aqency and 14 the Department of State within 14 business days followinq the 15 completion of such transfer. 16 (7) The certificate of franchise authority issued by 17 the department may be terminated by the cable service provider 18 by submittinq notice to the applicable municipal or county 19 aqency and the Department of State. 20 (8) An applicant may challenqe a denial of an 21 application or any failure to act by the applicable municipal 22 or county aqency in a court of competent iurisdiction throuqh 23 a petition for a writ of mandamus. 24 (9) The applicable municipal or county aqency may 25 adopt a standard application form, in which case the 26 application shall be on such form. 27 (10) For the purposes of this ordinance. the 28 definitions set forth in s. 610.103 shall apply, 29 (11) After the effective date of the ordinance. a 30 cable service provider operatinq under a franchise aqreement 31 qranted by the applicable municipality or county prior to the 20 CODING: Words 6tri~]Lcn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27,2007 Page 27 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 effective date of the ordinance may elect to terminate its 2 existinq franchise aqreement pursuant to s. 610.109 and obtain 3 an ordinance franchise hereunder. 4 610.1075 Optional provisions of standard cable 5 ordinance.--A municipality or county electinq to enact a 6 standard cable ordinance pursuant to s. 610.104 may include 7 provisions that: 8 (1) Establish the number of public, educational, and 9 qovernmental access channels that each cable service provider 10 must provide, upon reQuest, to the municipality or county. as 11 follows: 12 (a) A municipality or county may reouire an ordinance 13 certificateholder, within 180 davs followinq a reQuest from 14 such municipality or county. to desiqnate a sufficient amount 15 of capacity on its network to allow the provision of the same 16 number of public, educational, and qovernmental access 17 channels or functional eQuivalent that a municipalitv or 18 countv has activated under the incumbent cable service 19 provider's franchise aqreement as of January 1. 2007. Upon the 20 earlier of the expiration or termination of the incumbent 21 cable service providers' franchise aqreement. the maximum 22 number of channels or capacity shall be as set forth in 23 paraqraph (b). For the purposes of this section, a public, 24 educational, or qovernmental channel is deemed activated if 25 the channel is beinq used for public. educational, or 26 qovernmental proqramminq within the municipality or county for 27 at least 8 hours per day of locally produced oriqinal 28 proqramminq, excludinq without limitation repeat and 29 character-qenerated proQramminq, for any 6-consecutive-month 30 period. The municipality or county may reQuire, within 180 31 days followinq a reQuest from such municipality or county, 21 CODING: Words atriclrcR are deletions; words underlined are additions. Agenda Item No. 16A5 March 27,2007 Page 28 of 88 Florida Senate - 2007 11-1416A-07 5B 1772 See HE 855 1 additional channels or functional capacity UP to the 2 equivalent permitted under the incumbent cable service 3 provider's franchise aqreement as of January 1. 2007, until 4 such aqreement expires or is terminated, 5 (bl If a municipality or county did not have public, 6 educational, or qovernmental access channels activated under 7 the incumbent cable service provider's franchise aqreement as 8 of January 1, 2007. the municipality or county may require the 9 ordinance certificateholder to furnish, not later than 180 10 days followinq a request by the municipality or county: 11 1. Up to three public, educational. or qovernmental 12 channels or capacity equivalent for a municipality or county 13 with a population of at least 50,000. 14 2. UP to two public. educational, or qovernmental 15 channels or capacity equivalent for a municipality or county 16 with a population of less than 50.000. 17 18 The limits in sub-subparaqraphs 1. and 2. constitute the total 19 number of public, educational. or qovernmental channels that 20 may be desiqnated on any cable service provider's network 21 usinq a sinqle headend. or on all commonly owned cable service 22 provider's networks that share a common headend, reqardless of 23 the number of municipalities or counties served from such 24 headend. provided that the populations of all cities and 25 counties served by such provider'S networks shall be 26 aqqreqated for purposes of applyinq such limits. 27 (cl A cable service provider may locate any public, 28 educational, or qovernmental access channel on any tier of 29 service offered that is viewed by at least 40 percent of the 30 provider's subscribers. 31 22 CODING: Words otriclccn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 29 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (d) All other orovisions of s. 610,113 shall aoolv to 2 the orovision of oublic, educational, or qovernmental access 3 channels bY an ordinance certificateholder. 4 (2) Provide that if the municioality or county was 5 entitled on July 1, 2007, to receive recurrinq or nonrecurrinq 6 cash or other oavrnents to suooort the caoital or ooeratinq 7 costs of oublic, educational, and qovernmental access 8 facilities oursuant to the terms of the incumbent cable 9 service orovider's franchise, the municioality or county may 10 reauire an ordinance certificateholder to make the same cash 11 or other oayments until the earlier of the termination or 12 exoiration date of the incumbent cable service orovider's 13 franchise aqreement existinq as of July 1, 2007. Uoon 14 exoiration or termination of the incumbent cable service 15 orovider's franchise, any cash or other oavrnents shall be 16 orohibited. 17 (3) Require each ordinance certificateholder, if 18 reauested oursuant to a bona fide order for cable service, to 19 make cable service available at any buildinq located within 20 125 feet of a certificateholder's existinq distribution olant, 21 orovided such buildinqs are used for municioal or county 22 ourooses, includinq, but not limited to, emerqency ooerations 23 centers, fire stations, and oublic schools within the area 24 described in its aoolication includinq any amendments to such 25 aoolication. The municioality or county shall be resoonsible 26 for any connectivity beyond the first 125 feet, The 27 municioality or county shall be resoonsible for obtaininq 28 authority for the certificateholder to qain access to any 29 leased facility to orovide the services described in this 30 section on terms that are reasonablY acceotable to the 31 certificateholder and at no cost to the certificateholder. 23 CODING: Words strieJwB are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 30 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (4) Identifv and cross-reference other municipal and 2 countv ordinances and requlations reqardinq the placement and 3 maintenance of communications facilities in the public 4 riqht-of-wav with which each ordinance certificateholder must 5 comply. Anv other ordinance and requlation identified and 6 cross-referenced in the standard cable ordinance shall be 7 qenerallv applicable to all providers of communications 8 services in accordance with s. 337,401. 9 (5) Require an incumbent cable service provider to 10 complv with customer service requirements reasonablv 11 comparable to. and that do not exceed. the standards in 47 12 C.F.R. s. 76.309(c). Such requirements shall onlv applv until 13 there are two or more providers offerinq cable service or 14 competitive video proqramminq services in the relevant service 15 area. In addition. the municipalitv or county mav require that 16 cable service qualitv complaints from customers of an 17 ordinance certificateholder within the iurisdiction of the 18 municipalitv or county be filed with an appropriate municipal 19 or county office or aqencv. This subsection shall not be 20 construed to permit the municipalitv or countv to impose 21 customer service standards in conflict with this section. 22 610.108 Application process; statutorv certificate of 23 franchise authoritv.--When a person or entity applies for a 24 statutorv certificate of franchise authoritv under s. 610.105. 25 the followinq provisions applv: 26 (1) Before the 10th business dav after an applicant 27 for a certificate of franchise authoritv submits the affidavit 28 described in subsection (2). the department shall notifv the 29 applicant whether the applicant's affidavit is complete. If 30 the department denies the application. the department shall 31 specifv with particularitv the reasons for the denial and 24 CODING: Words atrickcn are deletions; words underlined are additions. Agenda Item No, 16A5 March 27,2007 Page 31 of 88 Florida Senate - 2007 11-1416A-07 SE 177 2 See HB 855 1 permit the applicant to amend the application to cure any 2 deficiency. The department shall act upon such amended 3 application within 10 business days. 4 (2) The department may establish a standard 5 application form that shall be limited to the specific 6 information reauired under subsection (3), in which case the 7 application shall be on such form and must be accompanied by a 8 one-time application fee established bY the department, not to 9 exceed SsOO for the applicant's initial application and no 10 more than SsO for each of the applicant's additional 11 applications. The fee shall be based on the costs incurred by 12 the department in performinq its duties under this chapter. 13 For purposes of this subsection. a parent company may file a 14 sinqle application coyerinq itself and all of its subsidiaries 15 and affiliates intendinq to provide cable service in the 16 service areas throuqhout the state as described in paraqraph 17 (3) (d), but the entity actually providinq such service in a 18 qiven area shall otherwise be considered the certificateholder 19 under this act. 20 (3) The department shall issue a certificate of 21 franchise authority to offer cable service before the 30th 22 business day after receipt of a completed affidavit submitted 23 by an applicant and siqned by an officer or qeneral partner of 24 the applicant affirminq: 25 (a) That the applicant has filed or will timely file 26 with the Federal Communications Commission all forms reauired 27 by that aqency in advance of offerinq cable service in this 28 state. 29 (b) That the applicant aqrees to complY with all 30 applicable federal and state laws and requlations, to the 31 extent that such state laws and rules are not in conflict with 25 CODING: Words strickeR are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 32 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 or superseded by the provisions of this chapter or other 2 applicable state law, 3 (c) That the applicant aarees to comply with all 4 lawful state laws and rules and municipal and county 5 ordinances and requlations reaardina the placement and 6 maintenance of communications facilities in the public 7 riaht-of-way that are aenerally applicable to providers of 8 communications services in accordance with s. 337.401. 9 (d) A description of the service area for which the 10 applicant seeks a certificate of franchise authority, which 11 shall be coextensive with municipal, county, or other 12 political boundaries. For applicants with existina 13 communications facilities, the service area shall be 14 coextensive with any provider's existina network boundaries, 15 (e) The location of the applicant's principal place of 16 business and the names of the applicant's principal executive 17 officers. 18 (f) That the applicant is authorized by the department 19 to transact business in this state. 20 (a) That the applicant has sufficient technical, 21 financial, and manaqerial capability to provide cable service 22 within the service area for which the applicant seeks a 23 certificate of franchise authority. At the time of the filina 24 of the affidavit, the applicant shall furnish its most recent 25 unqualified audited financial statement if a publicly 26 available audited financial report for the applicant or its 27 parent entity is not available. 28 (h) That neither the applicant nor any of its current 29 principal executive officers are under indictment nor have 30 been convicted of a felony in this state, 31 26 CODING: Words stric](cn are deletions; words underlined are additions. Agenda Item No, 16A5 March 27, 2007 Page 33 of 88 Florida Senate - 2007 11-1416A- 07 SB 1772 See HB 855 1 (4) If the deoartment fails to act on the aoplication 2 within 30 business days after receivinq the application. the 3 application shall be deemed qranted bv the department without 4 further action. 5 (5) The certificate of franchise authority issued by 6 the department shall contain: 7 (a) A qrant of authority to provide cable service over 8 a cable system as requested in the application, 9 (b) A qrant of authority to construct. maintain, and 10 operate facilities throuqh. upon. over. and under any public 11 riqht-of-way. 12 (c) A statement that the qrant of authority is sub;ect 13 to lawful operation of the cable system to provide cable 14 service by the applicant or its successor in interest. 15 (6) A certificateholder that seeks to include 16 additional service areas in its current certificate shall file 17 notice with the department that reflects the new service area 18 or areas to be served consistent with the reQUirements of 19 paraqraph (3) (d) , 20 (7) The certificate of franchise authoritv issued by 21 the department is fullY transferable to any successor in 22 interest to the applicant to which the certificate is 23 initially qranted. A notice of transfer shall be filed with 24 the department and the relevant municipality or county within 25 14 business davs followinq the completion of such transfer. 26 (8) The certificate of franchise authority issued by 27 the department may be terminated by the cable service provider 28 by submittinq notice to the department. 29 (9) An applicant may challenqe a denial of an 30 application by the department in a court of competent 31 ;urisdiction throuqh a petition for a writ of mandamus. 27 CODING: Words BtriclrcR are deletions; words underlined are additions. Agenda Item No. 16A5 March 27,2007 Page 34 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (10) The department may adopt any procedural rules and 2 requlations pursuant to ss. 120.536(1) and 120.54 necessary to 3 implement this section. Failure of an applicant to comply with 4 procedural rules and requlations adopted by the department to 5 implement this section shall not be a basis for denial of a 6 certificate if the affidavit is submitted before the 7 department adopts such procedural rules and requlations. 8 (11) The department may revoke an ordinance or 9 statutorv certificate of franchise authority for any area as 10 to which a court of competent iurisdiction finds, pursuant to 11 s. 610.117, that a certificateholder is in noncompliance with 12 the reauirements of this chapter after notice and a reasonable 13 time to cure the noncompliance. 14 610.109 Eliqibility of incumbent cable service 15 provider for ordinance or statutory certificate of franchise 16 authority in areas where provider has an existinq 17 franchise,--A cable service provider that has an existinq, 18 unexpired franchise to provide cable service with respect to a 19 municipality or county as of July I, 2007, may seek an 20 ordinance or statutory certificate of franchise authority 21 under this chapter as to that municipality or county upon the 22 earliest of: 23 (1) The expiration date of the existinq franchise 24 aqreement; 25 (2) January 1, 2009; 26 (3) The date on which such municipality or county 27 adoPts a standard ordinance pursuant to s. 610.104; or 28 (4) The date any cable service provider or competitive 29 video proqramminq services provider receives a statutory 30 certificate of franchise authority to serve all or portions of 31 that municipality or county under s. 610.108. An incumbent 28 CODING: Words stricken are deletions; words underlined are additions. Agenda Item No, 16A5 March 27, 2007 Page 35 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 cable service orovider mav terminate its existinq franchise 2 under this subsection by providinq written notice to the 3 Secretary of State and the affected municipality or county 4 within 180 days after becominq eliqible to elect to terminate 5 it existinq franchise. The municipal or county franchise is 6 terminated on the date the ordinance or statutory certificate 7 of franchise authority is qranted, 8 610.1105 Franchise fee prohibited.--Except as 9 otherwise provided in this chapter, the department may not 10 impose any taxes, fees, charqes, or other impositions on a 11 cable service provider as a condition for the issuance of an 12 ordinance or statutory certificate of franchise authority. 13 Except as otherwise provided in this chapter, no municipality 14 or county may impose any taxes, fees, charqes. or other 15 exactions on certificateholders in connection with use of 16 public riqht-of-way as a condition of a certificateholder 17 doinq business in the municipality or county, or otherwise, 18 except such taxes. fees, charqes, or other exactions permitted 19 by chapter 202, s. 337.401(6), and this chapter. 20 610.1115 Customer service standards.-- 21 (1) Each cable service provider shall comply with the 22 customer service standards in 47 C.F.R. s. 76.309(c) until 23 there are two or more providers offerinq cable service or 24 competitive video proqramminq service in the relevant service 25 ~ 26 (2) The Department of Aqriculture and Consumer 27 Services shall receive service auality complaints from 28 customers of a statutory certificateholder. The Department of 29 Aqriculture and Consumer Services may adopt any procedural 30 rules pursuant to ss, 120,536(1) and 120.54 necessary to 31 implement this section. 29 CODING: Words BtricltcI'l. are deletions i words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 36 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (3) The Department of Aqriculture and Consumer 2 Services shall address customer service complaints 3 expeditiouslv bv assistinq with the resolution of such 4 complaints between the complainant and the certificateholder. 5 610.112 Public, educational, and qovernmental access 6 channels.-- 7 (1) A certificateholder, not later than 180 days 8 followinq a request by a municipality or countv within whose 9 lurisdiction the certificateholder is providinq cable service, 10 shall desiqnate a sufficient amount of capacity on its network 11 to allow the provision of public, educational, and 12 qovernmental access channels for noncommercial proqramminq as 13 set forth in this section and in a municipal or county 14 franchise pursuant to s. 610.1075(1). 15 (2) A certificateholder shall desiqnate a sufficient 16 amount of capacity on its network to allow the provision of 17 the same number of public, educational, and qovernmental 18 access channels or functional equivalent that a municipality 19 or county has activated under the incumbent cable service 20 provider's franchise aqreement as of Januarv 1, 2007, or the 21 number of channels or capacity set forth in paraqraphs (3) (a) 22 and (b) and as limited by s. 610.1075(1). For the purposes of 23 this section, a public, educationaL or qovernmental channel 24 is deemed activated if the channel is beinq used for public, 25 educational, or qovernmental proqramminq within the 26 municipality or county for at least 8 hours per day of locally 27 produced oriqinal proqramminq, excludinq without limitation 28 repeat and character-qenerated proqramminq, for any 29 6-consecutive-month period. The municipality or county may 30 request additional channels or functional equivalent permitted 31 30 CODING: Words otricltcB are deletions; words underlined are additions. Agenda Item No, 16A5 March 27, 2007 Page 37 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 under the incumbent cable service provider's franchise 2 aqreement as of January 1. 2007, as limited by s. 610.1075(1). 3 ( 3) (a) If a municipality or county did not have 4 public. educational. or qovernmental access channels activated 5 under the incumbent cable service provider's franchise 6 aqreement as of July 1, 2007. not later than 12 months 7 followinq a request bv the municipality or county within whose 8 iurisdiction a certificateholder is providinq cable service. 9 the cable service provider shall furnish: 10 1. UP to three public. educational. or qovernmental 11 channels or capacity eauivalent for a municipality or county 12 with a population of at least 50,000. 13 2. UP to two public, educational, or qovernmental 14 channels or capacity equivalent for a municipality or county 15 with a population of less than 50.000. 16 (b) The limits in subparaqraphs (a)l. and 2. shall 17 constitute the total number of public. educational. or 18 qovernmental channels that may be desiqnated on any cable 19 service provider's network usinq a sinqle headend. or on all 20 commonly owned cable service provider's networks that share a 21 common headend. reqardless of the number of cities or counties 22 served from such headend; provided further. that the 23 populations of all municipalities and counties served by such 24 provider's networks shall be aqqreqated for purposes of 25 applyinq these limits, 26 (c) A cable service provider may locate any public. 27 educational. or qovernmental access channel on any tier of 28 service offered that is viewed by at least 40 percent of the 29 provider's subscribers. 30 (4) Any public. educational, or qovernmental channel 31 provided pursuant to this section that is not proqrammed by 31 CODING: Words atriekca are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 38 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 the municipality or county for at least 8 hours a day of 2 locally produced oriqinal proqramminq, not excludinq without 3 limitation repeal and character-qenerated proqramminq, for any 4 six consecutive week period shall no lonqer be made available 5 to the municipality or county but may be proqrammed at the 6 cable service provider's discretion. 7 (5) The operation of any public, educational, or 8 qovernrnental access channel or functional eauivalent provided 9 under this section shall be the responsibility of the 10 municipality or county receivinq the benefit of such channel 11 or capacity equivalent, and a certificateholder bears only the 12 responsibility for the transmission of such channel content, A 13 certificateholder shall be responsible for providinq the 14 connectivity to each public, educational, or qovernmental 15 access channel distribution point UP to the first 125 feet 16 from the certificateholder's activated cable transmission 17 system. The municipality or county shall be responsible for 18 any and all connectivity beyond the first 125 feet. 19 (6) The municipality or county shall ensure that all 20 transmissions, content, or proqramminq to be transmitted over 21 a channel or facility by a certificateholder are provided or 22 submitted to the cable service provider in a manner or form 23 that is capable of beinq accepted and transmitted by a 24 provider without any requirement for additional alteration or 25 chanqe in the content by the provider over the provider's 26 network and is compatible with the technoloqy or protocol used 27 by the cable service provider to deliver services. The 28 provision of public, educational, or qovernrnental content to 29 the provider constitutes authorization for the provider to 30 carry such content, includinq, at the provider's option, 31 32 CODING: Words otrickcn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 39 of 88 Florida Senate - 2007 11-1416A-07 sa 1772 See HB 855 1 authorization to carry the content beyond the ;urisdictional 2 boundaries of the municipality or county. 3 (7) Where technically feasible. a certificateholder 4 and an incumbent cable seryice proyider shall use reasonable 5 efforts to interconnect their cable systems for the puroose of 6 providinq public. educational, and qovernmental proaramminq. 7 Interconnection may be accomplished by direct cable, microwave 8 link, satellite, or other reasonable method of connection. The 9 party seekinq interconnection shall pay the reasonable costs 10 associated with establishina and maintaininq such 11 interconnection. 12 (8) A certificateholder is not reauired to 13 interconnect for, or otherwise transmit, public, educational. 14 and aovernmental content that is branded with the loao, name, 15 or other identifyina marks of another cable service provider, 16 and a municipality or county may reauire a cable service 17 provider to remove its loao, name, or other identifyinq marks 18 from public, educational, and aovernmental content that is to 19 be made available to another provider. 20 (9) A court of competent ;urisdiction shall have 21 exclusive ;urisdiction to enforce any reauirement under this 22 section. 24 610.113 Nondiscrimination by municipality or county.-- (1) A municipality or county shall allow a 23 25 certificateholder to install. construct. and maintain a 26 network within a public riqht-of-way and shall provide a 27 certificateholder with nondiscriminatory and competitivelY 28 neutral access to the public riaht-of-way in accordance with 29 the provisions of s. 337.401. All use of a public riaht-of-way 30 by a certificateholder is nonexclusive. 31 33 CODING: Words stricken are deletions; words underlined are additions, Agenda Item No. 16A5 March 27, 2007 Page 40 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (2) A municipality or county may not discriminate 2 aqainst a certificateholder reqardinq; 3 (a) The authorization or placement of a network in a 4 public riqht-of-wav; 5 (b) Access to a buildinq or other property; or (c) Utility pole attachment terms. 6 7 (3) Except as expressly provided in this chapter, 8 nothinq contained in this chapter shall be construed to limit 9 or abroqate the municipality'S or county's authority over the 10 use of public riqht-of-way under its iurisdiction, as set 11 forth in s. 337.401(3) (a). 12 610.114 Limitation on local authoritv.-- (I) A municipality or county mav not impose additional 13 14 reQUirements on a certificateholder, includinq, but not 15 limited to, financial, operational, and administrative 16 reauirements, except as expressly permitted by this chapter, A 17 municipality or county may not impose on activities of a 18 certificateholder a reauirement: (a) That particular business offices be located in the 19 20 municipality or county; 21 (b) Reqardinq the filinq of reports and documents with 22 the municipality or county that are not reQUired bv state or 23 federal law and that are not related to the use of the public 24 riqht-of-way. Reports and documents other than schematics 25 indicatinq the location of facilities for a specific site that 26 are provided in the normal course of the municipality's or 27 county's permittinq process, that are authorized bv s. 337.401 28 for communications services providers, or that are otherwise 29 reQUired in the normal course of such permittinq process shall 30 not be considered related to the use of the public 31 riqht-of-wav for communications services providers. A 34 CODING: Words ~trickCR are deletions; words underlined are additions. Agenda Item No, 16A5 March 27. 2007 Page 41 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 municipality or county may not request information concernina 2 the capacity or technical confiquration of a 3 certificateholder's facilities; 4 (c) For the inspection of a certificateholder's 5 business records; or 6 (d) For the approval of transfers of ownership or 7 control of a certificateholder's business. except a 8 municipality or county may require a certificateholder to 9 provide notice of a transfer within a reasonable time period. 10 (2) Notwithstandina any other provision of law. a 11 municipality or county may require the issuance of a permit in 12 accordance with and subiect to s. 337.401 to a 13 certificateholder that is placina and maintainina facilities 14 in or on a public riaht-of-wav in the municipality or county. 15 In accordance with s. 337,402. the permit may require the 16 permitholder to be responsible. at the permitholder's expense. 17 for any damaae resultina from the issuance of such permit and 18 for restorina the public riaht-of-wav to a substantially 19 similar condition to that of the public riaht-of-wav before 20 installation of such facilities. The terms of the permit shall 21 be consistent with construction permits issued to other 22 providers of communications services placinq or maintainina 23 communications facilities in a public riaht-of-wav. 25 610,115 Discrimination prohibited.-- (1) The purpose of this section is to prevent 24 26 discrimination amona potential residential subscribers. 27 (2) Pursuant to 47 D.S.C. s. 541(a) (3), a 28 certificateholder may not deny access to service to any aroup 29 of potential residential subscribers because of the income of 30 the residents in the local area in which such aroup resides. 31 35 CODING: Words GtrickcR are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 42 of 88 Florida Senate - 2007 11-1416A-07 SB 177 2 See HB 855 1 (3) An affected person may seek enforcement of the 2 requirements provided by subsection (2) by initiatinq a 3 proceedinq with the Department of Aqriculture and Consumer 4 Services pursuant to s. 570,544. 5 (4) For purposes of determininq whether a 6 certificateholder has violated subsection (2), the 7 certificateholder shall have a reasonable time not to exceed 3 8 years to deploy service pursuant to 47 V.S.C. s, 541(a) (4) (A) 9 to those customers within the service areas desiqnated in s, 10 610.107(1) (d) and (5) or s. 610.108(3) (d) and (5), Except for 11 satellite service, a competitive video service provider may 12 satisfy the requirements of this section throuqh the use of 13 alternative technoloqy that offers service, functionality. and 14 content which is demonstrably similar to that provided throuqh 15 the provider's video service system and may include a 16 technoloqy that does not reauire the use of any public 17 riqht-of-way, The technoloqy used to comply with the 18 requirements of this section shall be subiect to all the 19 requirements of this act. In no event shall a cable service 20 provider be required to offer or provide service to an end 21 user residinq in an area with a density of fewer than 20 homes 22 per mile from the provider's nearest distribution plant. 23 (5) The Department of Aqriculture and Consumer 24 Services may adopt any procedural rules pursuant to ss. 25 120.536(1) and 120.54 necessary to implement this section. 26 610.116 Compliance.--If a certificateholder is found 27 by a court of competent iurisdiction to not comply with the 28 requirements of this chapter, the certificateholder shall have 29 a reasonable period of time, as specified by the court, to 30 cure such noncompliance. 31 36 CODING: Words otrickcn are deletions; words underlined are additions, Agenda Item No. 16A5 March 27, 2007 Page 43 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 610.117 Applicabilitv to competitive video proqramminq 2 services.--A provider of competitive video proqramminq 3 services shall applY for and obtain an ordinance or statutory 4 certificate of franchise authority under ss. 610.102-610.117, 5 includinq all riqhts and obliqations associated therewith. 6 before providinq service in the state, notwithstandinq that 7 COmPetitive video proqramminq service may not be a cable 8 service as defined in s. 610.103. For purposes of ss. 9 610.102-610.117, the term "competitive video proqramminq 10 services" means video proqramminq provided throuqh wireline 11 facilities located at least in part of the public riqht-of-wav 12 without reqard to delivery technoloqv. includinq Internet 13 protocol technoloqv, provided that this definition does not 14 include any video proqramminq service provided bv a commercial 15 mobile service provider defined in 47 U.S,C. s. 322(b). 16 610,118 Enforcement limitations.--Notwithstandinq any 17 of the provisions of ss. 610.102-610.116. no franchisinq 18 authority may enforce any term, condition, or reauirement of 19 any franchise aqreement that is more burdensome than the 20 terms. conditions. or requirements imposed on any other 21 certificateholder whether bv franchise aqreement. ordinance, 22 or statutory certificate. 23 610.119 Severabilitv.--If any provision of ss, 24 610,102-610.117 or the application thereof to any person or 25 circumstance is held invalid. such invalidity shall not affect 26 other provisions or application of ss. 610.102-610.117 that 27 can be qiven effect without the invalid provision or 28 application. and to this end the provisions of ss. 29 610.102-610.116 are severable. If an incumbent cable service 30 provider is denied its leqal riqht to terminate its existinq 31 cable franchise aqreement under section 610.109(2). any 37 CODING: Words 6trickeR are deletions; words underlined are additions, Agenda Item No. 16A5 March 27,2007 Page 44 of 88 Florida Senate - 2007 11-1416A-07 sa 1772 See HB 855 1 certificateholder authorized to provide or providinq cable 2 services within all or parts of the affected service areas 3 shall also comply with the terms and conditions applicable to 4 the incumbent cable service provider until the incumbent's 5 existinq cable franchise aqreement expires or is terminated. 6 whichever event occurs earlier. 7 Section 7. Section 364,1605, Florida Statutes, is 8 created to read: 9 364.1605 Voice competition.-- 10 (1) In addition to the duties established under this 11 chapter. an entity that is an incumbent local exchanqe 12 carrier. as defined in 47 D.S,C. s. 251(h). as of July 1. 13 2007. and any affiliate of such entity that provides wireline 14 voice service within the service territory of such incumbent 15 local exchanqe carrier. reqardless of the technoloqy. shall 16 ~ 17 (a) The duty to establish physical connections with 18 its wireline facilities pursuant to s. 201 of the 19 Communications Act of 1934 and the rules of the Federal 20 Communications Commission adopted under that section. 21 (b) The duties owed by an incumbent local exchanqe 22 carrier to providers of telecommunications services. telephone 23 exchanqe service. and telephone toll service with respect to 24 its wireline facilities as provided in 47 D.S.C. s. 251 and 25 the rules of the Federal Communications Commission adopted 26 under that section. to any other carrier and to any 27 facilities-based provider of Internet protocol enabled voice 28 service. Interconnection with such entity'S network may be 29 direct or indirect and shall be at the most efficient point or 30 points within that network and in the most efficient format. 31 as determined by the reauestinq carrier or provider. 38 CODING: Words otricl[CR are deletionsi words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 45 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (2) Recruests bY such other carrier or provider for 2 interconnection, services. or network elements from an 3 incumbent local exchancre carrier shall be subiect to the 4 procedures, requirements. and pricincr standards of 47 U.S.C. 5 s. 252. 6 (3) A telecommunications company may use 7 interconnection, services, and network elements obtained from 8 an incumbent local exchanqe carrier, includincr from a rural 9 telephone company or small local exchanqe telecommunications 10 company, pursuant to 47 U.S.C. ss. 251 and 252 to provide 11 wholesale telecommunications and telecommunications service to 12 a provider of Internet protocol enabled voice service and 13 exchanqe traffic between such provider and the public switched 14 network. 15 (4) For purposes of this section, the term 16 "facilities-based provider of Internet protocol enabled voice 17 service" means an entity that provides voice-over-Internet 18 protocol as that term is defined in federal law over a 19 physical facility which connects to the end user's location 20 and which such entity or an affiliate of such entity owns or 21 over which such entity or affiliate has exclusive use, An 22 entitv or affiliate of such entity shall be considered a 23 facilities-based provider of Internet protocol enabled voice 24 service only in those qeocrraphic areas where such physical 25 facilities are located. 26 Section 8. Section 166.046, Florida Statutes, is 27 repealed. 28 Section 9. Paragraph (a) of subsection (3) of section 29 350.81, Florida Statutes, is amended to read: 30 350.81 Communications services offered by governmental 31 entities.-- 39 CODING: Words 6trickcn are deletions; words underlined are additions. Agenda Item No. 16A5 March 27, 2007 Page 46 of 88 Florida Senate - 2007 11-1416A-07 SB 1772 See HB 855 1 (3) (a) A governmental entity that provides a cable 2 service shall comply with the Cable Communications Policy Act 3 of 1984, 47 V.S,C. ss. 521 et seq" the regulations issued by 4 the Federal Communications Commission under the Cable 5 Communications Policy Act of 1984, 47 V.S.C. ss. 521 et seq., 6 and all applicable state and federal rules and regulations, 7 including, but not limited to, B. 1CG.OiG aRd those provisions 8 of chapters 202, 212, ~ 337. and 610 which apply to a 9 provider of the services. 10 Section 10. Section 364.0361, Florida Statutes, is 11 amended to read: 12 364.0361 Local government authority; nondiscriminatory 13 exercise,--A local government shall treat each 14 telecommunications company in a nondiscriminatory manner when 15 exercising its authority to grant franchises to a 16 telecommunications company or to otherwise establish 17 conditions or compensation for the use of rights-of-way or 18 other public property by a telecommunications company. A local 19 government may not directly or indirectly regulate the terms 20 and conditions, including, but not limited to, the operating 21 systems, qualifications, services, service quality, service 22 territory, and prices, applicable to or in connection with the 23 provision of any voice-over-Internet protocol, regardless of 24 the platform, provider, or protocol, broadband or information 25 service, This section does not relieve a provider from any 26 obligations under B. 1CC.OiC or s. 337.401. 27 Section 11. This act shall take effect July 1, 2007. 28 29 30 31 40 CODING: Words strickeR are deletions; words underlined are additions. FLORIDA H 0 USE o F R E PRE S E Agenda Item No, 16A5 N T A M<<fchI27\120Q:7 S Page 41' of 513 HB 855 2007 1 A bill to be entitled 2 An act relating to statewide cable television franchises; 3 providing a short title; providing legislative findings; 4 amending s. 202.24, F.S.; prohibiting counties and 5 municipalities from negotiating terms and conditions 6 relating to cable services; deleting authorization to 7 negotiate; revising application to existing ordinances or 8 franchise agreements; amending s. 337.401, F.S.; deleting 9 authorization for counties and municipalities to award 10 cable service franchises and a restriction that cable 11 service companies not operate without such a franchise; 12 amending s. 337.4061, F.S.; revising definitions; creating 13 ss. 610.102, 610.103, 610.104, 610.105, 610.107, 610.1075, 14 610.108, 610.109, 610.1105, 610.1115, 610.112, 610.113, 15 610.114, 610.115, 610.116, 610.117, 610.118, and 610.119, 16 F.S.; designating the Department of State as the 17 franchising authority; prohibiting counties and 18 municipalities from granting new franchises for cable 19 services after a certain date; providing definitions; 20 authorizing counties and municipalities to enact a 21 standard cable ordinance for providing cable service; 22 providing notice requirements; providing ordinance 23 requirements; providing construction relating to authority 24 over communications services other than cable service or 25 competitive video programming services; providing for a 26 statutory certificate of franchise authority from the 27 state in absence of standard cable ordinance enactment; 28 providing eligibility requirements; specifying required Page 1 of 42 CODING: Words stricken are deletions; words underlined are additions, hb0855-00 F LOR I D A H 0 U S E o F R E PRE S E Agenda Item No. 16A5 N T A M;,ych,27, t20Q:7 S Page 48' of B'8 HB 855 2007 29 provisions of standard cable ordinance; providing for 30 optional provisions of a standard cable ordinance; 31 providing application procedures and requirements for a 32 statutory certificate of franchise authority; providing 33 for issuing certificates of franchise authority; providing 34 eligibility requirements and criteria for a certificate; 35 authorizing the department to adopt rules; authorizing the 36 department to revoke certificates under certain 37 circumstancesi providing for an application formi 38 providing for feesi specifying authority contained in a 39 certificate of authoritYi providing conditions of 40 eligibility of incumbent cable service providers to seek 41 an ordinance or statutory certificate of authoritYi 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 prohibiting the department from imposing taxes, fees, or charges on a cable service provider to issue a certificate; requiring certificateholders to make cable service available at certain public buildings under certain circumstancesi imposing certain customer service requirements on cable service providersi requiring the Department of Agriculture and Consumer Services to receive customer service complaintsi requiring provision of public, educational, and governmental access channels or capacity equivalent; providing criteria, requirements, and proceduresi providing exceptionsi providing responsibilities of municipalities and counties relating to such channelsi providing for enforcement; providing requirements for and limitations on counties and municipalities relating to access to public right-of-way; Page 2 of 42 CODING: Words strickon are deletions; words underlined are additions, h b0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M&\fchI27\~OIt7 S Pag~ 49' of sa HB 855 2007 57 prohibiting counties and municipalities from imposing 58 additional requirements on certificateholders; authorizing 59 counties and municipalities to require permits of 60 certificateholders relating to public right-of-way; 61 providing permit criteria and requirements; prohibiting 62 discrimination between cable service subscribers; 63 providing for enforcement; providing for determinations of 64 violations; providing for enforcement of compliance by 65 certificateholders; providing applicability to competitive 66 video programming services; providing report requirements; 67 providing enforcement limitations; providing severability; 68 creating s. 364.1605, F.S.; specifying duties for certain 69 incumbent local exchange carriers relating to voice-over- 70 Internet protocols; specifying application of certain 71 federal standards for certain requests of incumbent local 72 exchange carries; providing definitions; repealing s. 73 166.046, F.S., relating to definitions and minimum 74 standards for cable television franchises imposed upon 75 counties and municipalities; amending ss. 350.81 and 76 364.0361, F.S.; conforming cross-references; providing an 77 effective date. 78 79 Be It Enacted by the Legislature of the State of Florida: 80 81 Section 1. This act may be cited as the "Consumer 82 Broadband Choice Act of 2007. " 83 Section 2. Legislative findings.-- 84 (1) The Legislature finds that: Page 3 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S Agenda Item No. 16A5 E N T A M;;vch,27.,V20Q:7 S Page 5(J of as HB 855 2007 ( a) Cable programming services provide numerous benefits 85 86 to the health, safety, and welfare of the residents of this 87 state, including access to a variety of news, public 88 information, education, and entertainment programming. 89 (b) The state should bring uniformity and efficiency to 90 the cable service franchising authorization process that allows 91 market participants to use their networks and systems to provide 92 video, voice, and broadband services to the residents of this 93 state. 94 (2) The Legislature finds as a matter of important 95 statewide concern that reformation of the franchising process is 96 necessary to: ( a) Create a fair and level playing field for all market 97 98 competitors that does not disadvantage or advantage one service 99 provider or technology over another. 100 (b) Promote the widespread access to advanced cable 101 services to all communities in this state in a nondiscriminatory 102 manner regardless of socioeconomic status. 103 (c) Maintain local government communications services tax 104 revenues and control of public rights-of-way. 105 (d) Complement efforts to increase investment in broadband 106 infrastructure and close the digital divide. 107 (e) Continue access to and maintenance of public, 108 education, and government (PEG) channels. 109 (3) The Legislature finds that providing an incumbent 110 cable operator with the option to secure a standard ordinance or 111 statutory certificate franchise through the preemption of an 112 existing cable franchise between a cable operator and any Page 4 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M~chI27:v20Q:7 S Page 51 of &3 HB 855 2007 113 political subdivision of the state, including, but not limited 114 to, any municipality or county, is an essential element of the 115 new regulatory framework established by this act as a matter of 116 statewide concern to best ensure equal protection and parity 117 among providers and technologies, as well as to achieve the 118 goals stated by the Legislature in enacting this act. 119 Section 3. Paragraphs (a) and (c) of subsection (2) of 120 section 202.24, Florida Statutes, are amended to read: 121 202.24 Limitations on local taxes and fees imposed on 122 dealers of communications services.-- 123 (2) (a) Except as provided in paragraph (c), each public 124 body is prohibited from: 125 1. Levying on or collecting from dealers or purchasers of 126 communications services any tax, charge, fee, or other 127 imposition on or with respect to the provision or purchase of 128 communications services. 129 2. Requiring any dealer of communications services to 130 enter into or extend the term of a franchise or other agreement 131 that requires the payment of a tax, charge, fee, or other 132 imposition. 133 3. Adopting or enforcing any provision of any ordinance or 134 agreement to the extent that such provision obligates a dealer 135 of communications services to charge, collect, or pay to the 136 public body a tax, charge, fee, or other imposition. 137 138 Municipalities and counties may not negotiate the Eaefi 139 municipality .:md county rct.:1ino .:1uthority to ncgoti.:1tc .:111 tcrmo 140 .:1nd conditiono of .:1 c.:1blc ocrvicc fr.:1nchioc .:111m:cd by fcdcr.:11 Page 5 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 F LOR I D A H 0 U S E o F R E P RES E Agenda Item No. 16A5 N T A M;;vchI27,,20\t7 S Pag~ 52' of tm H B 855 2007 141 .:md ot:1tel:1..: e)(cept thooe terms and conditions related to 142 franchise fees or aB4 the definition of gross revenues or other 143 definitions or methodologies related to the payment or 144 assessment of franchise fees on providers of cable services. 145 146 (c) This subsection does not apply to: 1. Local communications services taxes levied under this 147 chapter. 148 149 150 151 2. Ad valorem taxes levied pursuant to chapter 200. 3. Occupational license taxes levied under chapter 205. 4. "911" service charges levied under chapter 365. 5. Amounts charged for the rental or other use of property 152 owned by a public body which is not in the public rights-of-way 153 to a dealer of communications services for any purpose, 154 including, but not limited to, the placement or attachment of 155 equipment used in the provision of communications services. 156 6. Permit fees of general applicability which are not 157 related to placing or maintaining facilities in or on public 158 roads or rights-of-way. 159 7. Permit fees related to placing or maintaining 160 facilities in or on public roads or rights-of-way pursuant to s. 161 337.401. 162 8. Any in-kind requirements, institutional networks, or 163 contributions for, or in support of, the use or construction of 164 public, educational, or governmental access facilities allowed 165 under federal law and imposed on providers of cable service 166 pursuant to any existing ordinance or an existing franchise 167 agreement granted by each municipality or county, under which 168 ordinance or franchise agreement service is provided prior to Page 6 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M<i/fchI27,,20Q:7 S Pag~ 53' of 5'8 HB 855 2007 169 July 1, 2007. Nothing in this subparagraph shall prohibit the 170 ability of providers of cable service to recover such expenses 171 as allowed under federal law. 172 173 9. Special assessments and impact fees. 10. Pole attachment fees that are charged by a local 174 government for attachments to utility poles owned by the local 175 government. 176 11. Utility service fees or other similar user fees for 177 utility services. 178 12. Any other generally applicable tax, fee, charge, or 179 imposition authorized by general law on July 1, 2000, which is 180 not specifically prohibited by this subsection or included as a 181 replaced revenue source in s. 202.20. 182 Section 4. Paragraphs (a), (e), and (f) of subsection (3) 183 of section 337.401, Florida Statutes, are amended to read: 184 337.401 Use of right-of-way for utilities subject to 185 regulation; permit; fees.-- 186 (3) (a)~ Because of the unique circumstances applicable to 187 providers of communications services, including, but not limited 188 to, the circumstances described in paragraph (e) and the fact 189 that federal and state law require the nondiscriminatory 190 treatment of providers of telecommunications services, and 191 because of the desire to promote competition among providers of 192 communications services, it is the intent of the Legislature 193 that municipalities and counties treat providers of 194 communications services in a nondiscriminatory and competitively 195 neutral manner when imposing rules or regulations governing the 196 placement or maintenance of communications facilities in the Page 7 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F Agenda Item No, 16A5 R E PRE S E N T A M;;vchI27)J20~7 S Page 54 of a-s HB 855 2007 197 public roads or rights-of-way. Rules or regulations imposed by a 198 municipality or county relating to providers of communications 199 services placing or maintaining communications facilities in its 200 roads or rights-of-way must be generally applicable to all 201 providers of communications services and, notwithstanding any 202 other law, may not require a provider of communications 203 services, except .:10 otheruioe proyided in oubp.:1r.:1gr.:1ph 2., to 204 apply for or enter into an individual license, franchise, or 205 other agreement with the municipality or county as a condition 206 of placing or maintaining communications facilities in its roads 207 or rights-of-way. In addition to other reasonable rules or 208 regulations that a municipality or county may adopt relating to 209 the placement or maintenance of communications facilities in its 210 roads or rights-of-way under this subsection, a municipality or 211 county may require a provider of communications services that 212 places or seeks to place facilities in its roads or rights-of- 213 way to register with the municipality or county and to provide 214 the name of the registrant; the name, address, and telephone 215 number of a contact person for the registrant; the number of the 216 registrant's current certificate of authorization issued by the 217 Florida Public Service Commission, er the Federal Communications 218 Commission, or the Department of State; and proof of insurance 219 or self-insuring status adequate to defend and cover claims. For 220 the purposes of this section, the term "communications service" 221 includes "cable service" as defined in s. 610.103 and 222 "competitive video programming services" as defined in s. 223 610.117. 224 2. Not~ithot.:1nding thc provioiono of oubp.J.r.J.gr.:1ph I., .J. Page 8 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M<ifchI27\~O\t7 S Pag~ 55' of sa HB 855 2007 225 municip:llity or county m:lY, :l0 pro'v~ided by 17 V.S.C. o. 511, 226 :l'.J::lrd one or more fr::lnchiooD ,:ithin ito juriodiction for the 227 pro~ioion of c:lblo oervice, :lnd ::l pro~ider of c::lble oervice 228 oh::lll not pro~ide c:lble Dervice ~ithout ouch fr::lnchiDe. E::lch 229 municip::lli ty :lnd county ret:linD ::luthori ty to negoti:lte :lll termo 230 ::lnd conditionD of :l c:lble oervice fr::lnchioe ::lllo'.led by feder::ll 231 l:lu ::lnd D. 166.016, e)(cept thoDe termD :lnd conditiono rel::lted to 232 fr::lnchiDe feeo ::lnd the definition of grooo revenueD or other 233 definitionD or methodologieo rel:lted to the p:lyment or 234 ::looeooment of fr::lnchioe feeD :lnd permit feeD :l0 pro~ided in 235 p::lr:lgr::lph (c) on providerD of c::lble oer.-iceD. 1'. municip::llity or 236 county m::lY exercioe itD right to require from providero of c::lblo 237 Der~ice in kind requirementD, including, but not limited to, 238 inoti tution::ll net'.:orko, ::lnd contributiono for, or in oupport of, 239 the uoe or conotruction of public, educ::ltion:ll, or go~ernment:ll 240 :lCCeOD f::lcilitieD to the extent permitted by feder:ll l::l'.... l':. 241 pro..-ider of c:lble oer~ice m::lY exercioe ita right to reco~er ::lny 242 ouch expenoeo ::loDoci:lted ,:i th ouch in kind requiremento, to the 243 extent permitted by feder::ll l::l'.:. 244 (e) The authority of municipalities and counties to 245 require franchise fees from providers of communications 246 services, with respect to the provision of communications 247 services, is specifically preempted by the state, except ::l0 248 othen:iDe pro..-ided in oubp:lr::lgr::lph (:l) 2 ., because of unique 249 circumstances applicable to providers of communications services 250 when compared to other utilities occupying municipal or county 251 roads or rights-of-way. Providers of communications services may 252 provide similar services in a manner that requires the placement Page 9 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M~chI27\ ,20Q:7 S Pag~ 56" of &3 HB 855 2007 253 of facilities in municipal or county roads or rights-of-way or 254 in a manner that does not require the placement of facilities in 255 such roads or rights-of-way. Although similar communications 256 services may be provided by different means, the state desires 257 to treat providers of communications services in a 258 nondiscriminatory manner and to have the taxes, franchise fees, 259 and other fees paid by providers of communications services be 260 competitively neutral. Municipalities and counties retain all 261 existing authority, if any, to collect franchise fees from users 262 or occupants of municipal or county roads or rights-of-way other 263 than providers of communications services, and the provisions of 264 this subsection shall have no effect upon this authority. The 265 provisions of this subsection do not restrict the authority, if 266 any, of municipalities or counties or other governmental 267 entities to receive reasonable rental fees based on fair market 268 value for the use of public lands and buildings on property 269 outside the public roads or rights-of-way for the placement of 270 communications antennas and towers. 271 (f) Except as expressly allowed or authorized by general 272 law and except for the rights-of-way permit fees subject to 273 paragraph (c), a municipality or county may not levy on a 274 provider of communications services a tax, fee, or other charge 275 or imposition for operating as a provider of communications 276 services within the jurisdiction of the municipality or county 277 which is in any way related to using its roads or rights-of-way. 278 A municipality or county may not require or solicit in-kind 279 compensation, except as otherwise provided in s. 610.1075(2) 280 oubp~r~gr~ph (~)2. Nothing in this paragraph shall impair any Page 10 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M~chI27\20Q.7 S Page 51' of sa HB 855 2007 281 ordinance or agreement in effect on May 22, 1998, or any 282 voluntary agreement entered into subsequent to that date, which 283 provides for or allows in-kind compensation by a 284 telecommunications company. 285 Section 5. Section 337.4061, Florida Statutes, is amended 286 to read: 287 337.4061 Definitions; unlawful use of state-maintained 288 road right-of-way by nonfranchised cable televioion services.-- 289 290 291 (1) As used in this section, the term: (a) "Cable service" means: 1. The one-way transmission to subscribers of video 292 programming or any other programming service; and 293 2. Subscriber interaction, if any, which is required for 294 the selection or use of such video programming or other 295 programming service. 296 (b) "Cable system" means a facility, consisting of a set 297 of closed transmission paths and associated signal generation, 298 reception, and control equipment that is designed to provide 299 cable service which includes video programming and which is 300 provided to multiple subscribers within a community, but such 301 term does not include: 302 1. A facility that serves only to retransmit the 303 television signals of one or more television broadcast stations; 304 2. A facility that serves ~ subscribers without using 305 in one or more multiple unit dT.:ellingo under common oT.:nerohip, 306 control, or m~n~gement, unleoo ouch f~cility or f~cilitieo uoe 307 any public right-of-way; 308 3. A facility of a common carrier that is subject, in Page 11 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M~chI27, ,20Q:7 S Pag~ 58' of as HB 855 2007 309 whole or in part, to the provisions of Title II of the Federal 310 Cable Act, except that such facility shall be considered a cable 311 system other than for purposes of s. 621(c) of the Federal Cable 312 Act to the extent such facility is used in the transmission of 313 video programming directly to subscribers, unless the extent of 314 such use is solely to provide interactive on-demand services; er 315 4. An open video system that complies with s. 653 of the 316 Federal Cable Act; or 317 5.~ Any facilities of any electric utility used solely 318 for operating its electric utility systems. 319 ( c) "Franchise" means an initial authorization or renewal 320 thereof issued by a franchising authority, whether such 321 authorization is designated as a franchise, permit, license, 322 resolution, contract, certificate, agreement, or otherwise, 323 which authorizes the construction or operation of a cable 324 system. 325 (d) "Franchising authority" means any governmental entity 326 empowered by federal, state, or local law to grant a franchise. 327 (e) "Person" means an individual, partnership, 328 association, joint stock company, trust, corporation, or 329 governmental entity. 330 (f) "Video programming" means programming provided by or 331 generally considered comparable to programming provided by a 332 television broadcast station or cable system. 333 (2 ) It is unlawful to use the right-of-way of any state- 334 maintained road, including appendages thereto, and also 335 including, but not limited to, rest areas, wayside parks, boat- 336 launching ramps, weigh stations, and scenic easements, to Page 12 of 42 CODING: Words stFiGkeR are deletions; words underlined are additions, hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T AM~chI27\~OQ? S Page 59' of sa HB 855 2007 337 provide for cable service over a cable system purpooco within a 338 geographic area subject to a valid existing franchise for cable 339 service, unless the cable system using such right-of-way holds a 340 franchise from a franchising authority the municip~lity or 341 county for the area in which the right-of-way is located. 342 (3) A violation of this section shall be deemed a 343 violation of s. 337.406. 344 Section 6. Sections 610.102, 610.103, 610.104, 610.105, 345 610.107, 610.1075, 610.108, 610.109, 610.1105, 610.1115, 346 610.112, 610.113, 610.114, 610.115, 610.116, 610.117, 610.118, 347 and 610.119, Florida Statutes, are created to read: 348 610.102 Authority to issue cable franchise.--The 349 department shall be designated as the franchising authority, 350 pursuant to 47 D.S.C. s. 522(10), for an ordinance or statutory 351 franchise for the provision of cable service. A municipality or 352 county may not grant a new franchise for the provision of cable 353 service within its jurisdiction after the effective date of this 354 act. 355 356 357 610.103 Definitions.--As used in this chapter, the term: (1) "Cable service" means: (a) The one-way transmission to subscribers of video 358 programming or any other programming service; and 359 (b) Subscriber interaction, if any, that is required for 360 the selection or use of such video programming or other 361 programming service. 362 (2) "Cable service provider" means a person that provides 363 cable service over a cable system. 364 (3 ) "Cable system" means a facility consisting of a set of Page 13 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A MOVCh,27,,20Q:7 S Page 6d' of 88 HB 855 2007 365 closed transmission paths and associated signal generation, 366 reception, and control equipment that is designed to provide 367 cable service that includes video programming and that is 368 provided to multiple subscribers within a community, but such 369 term does not include: 370 (a) A facility that serves only to retransmit the 371 television signals of one or more television broadcast stations; 372 (b) A facility that serves subscribers without using any 373 public right-of-way; 374 (c) A facility of a common carrier that is subject, in 375 whole or in part, to the provisions of Title II of the Federal 376 Cable Act, except that such facility shall be considered a cable 377 system other than for purposes of s. 621(c) of the Federal Cable 378 Act only to the extent such facility is used in the transmission 379 of video programming directly to subscribers, unless the extent 380 of such use is solely to provide interactive on-demand services; 381 (d) An open video system that complies with s. 653 of the 382 Federal Cable Act; or 383 (e) Any facilities of any electric utility used solely for 384 operating its electric utility systems. 385 (4) "Certificateholder" means a cable service provider or 386 a competitive video programming services provider that has been 387 issued and holds an ordinance or statutory certificate of 388 franchise authority from the department. 389 390 (5 ) (6 ) "Department" means the Department of State. "Franchise" or "franchise authority" means an initial 391 authorization or renewal of an authorization, regardless of 392 whether the authorization is designated as a franchise, permit, Page 14 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F Agenda Item No. 16A5 R E PRE S E N T A M~chI27:v20Q:7 S F'age 61 of e:s HB 855 2007 393 license, resolution, contract, certificate, agreement, or 394 otherwise, to construct and operate a cable system in the public 395 right-of-way. 396 (7) "Incumbent cable service provider" means the cable 397 service provider serving cable subscribers in a particular 398 municipal or county franchise area on July 1, 2007, subject to 399 an unexpired franchise agreement. 400 (8) "Public right-of-way" means the area on, below, or 401 402 403 404 alley. 405 (9) "Video programming" means programming provided by, or 406 generally considered comparable to programming provided by, a 407 television broadcast station as set forth in 47 D.S.C. s. 408 522(20). above a public roadway, highway, street, sidewalk, or alley, including, but not limited to, a municipal, county, state, district, or other public roadway, highway, street, sidewalk, or 409 610.104 Standard cable ordinance; ordinance certificate of 410 franchise authority.-- 411 (1) A municipality or county may enact a standard cable 412 ordinance for the provision of cable service over a cable system 413 within its jurisdiction within 90 days after a request by an 414 entity or person, other than the incumbent cable service 415 provider, seeking to provide cable service over a cable system 416 in whole or in part within that municipality or county but in no 417 event later than January 1, 2009. A municipality must, at least 418 10 days prior to consideration on first reading, and a county 419 must, at least 15 days prior to consideration at a public 420 hearing, provide notice to the Secretary of State of a proposed Page 15 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 F LOR D A H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M~chI27\20Ql S PagE! 62' of B8 HB 855 2007 421 standard cable ordinance. The notice required by this subsection 422 must be published by the Secretary of State on a designated 423 Internet website. 424 (2) A standard cable ordinance shall contain each of the 425 terms and conditions set forth in s. 610.107 using the precise 426 language contained in that section. The standard cable ordinance 427 may contain any or all of the provisions in s. 610.1075 and 428 shall not impose any other terms or conditions upon a cable 429 service provider. If a municipality or county enacts a standard 430 cable ordinance within the 90-day period that complies with the 431 requirements of this section, an entity or person seeking to 432 provide cable service over a cable system in whole or in part 433 within that municipality or county shall file its application 434 for an ordinance certificate pursuant to the terms and 435 conditions set forth in s. 610.107 with the municipality or 436 county. Upon determining that an applicant has met the criteria 437 as set forth in s. 610.107, the municipality or county shall 438 immediately issue notice of compliance to the department, 439 whereupon the department shall issue an ordinance certificate of 440 franchise authority that contains all of the terms set forth in 441 s. 610.108(4) within 5 business days. The standard cable 442 ordinance enacted by a municipality or county pursuant to, and 443 in conformance with, the requirements of this chapter shall 444 supersede any existing cable ordinance enacted by the county or 445 municipality with regard to any cable service provider electing 446 to apply for or operating under a standard ordinance 447 certificate. A municipality or county may not change the terms 448 of any ordinance adopted pursuant to this section, except that Page 16 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F Agenda Item No. 16A5 R E PRE S E N T AM~chI27\~0Q;7 S Page 63' of S8 HB 855 2007 449 the municipality or county may change terms adopted pursuant to 450 s. 610.1075 after a period of 10 years after the date of initial 451 enactment of the standard ordinance and every 10 years 452 thereafter, subject to the limits set forth in s. 610.1075(1)- 453 (7) . 454 (3) Nothing in this act shall be construed to give any 455 local government or the department any authority over any 456 communications service other than cable service or competitive 457 video programming services whether offered on a common carrier 458 or private contract basis. 459 610.105 Statutory certificate.--In the event a 460 municipality or county fails to enact the standard cable 461 ordinance permitted by s. 610.104 within 90 days after a request 462 or before January 1, 2009, whichever is earlier, or fails to 463 provide notice of compliance with the department to allow the 464 department to issue an ordinance certificate pursuant to the 465 standard cable ordinance within the period set forth in s. 466 610.107(3), an entity or person seeking to provide cable service 467 over a cable system in whole or in part within that municipality 468 or county shall file for a statutory certificate of franchise 469 authority with the department as set forth in s. 610.108. 470 610.106 Eligibility.--An entity providing cable service 471 under an unexpired franchise agreement with a municipality or 472 county as of July 1, 2007 is not eligible to apply for an 473 ordinance or statutory certificate of franchise authority with 474 respect to such municipality or county until the franchise 475 agreement expires, except as provided by s. 610.109(2). An 476 entity providing cable service may seek an ordinance or Page 17 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M~chI27y20Q:7 S Pag~ 64 of a'8 HB 855 2007 477 statutory certificate to provide service in areas where the 478 entity currently does not have an existing franchise agreement 479 as of July I, 2007. 480 610.107 Required provisions of standard cable 481 ordinance.--A municipality or county electing to enact a 482 standard cable ordinance pursuant to s. 610.104 must adopt the 483 provisions set forth in subsections (1)-(11): 484 (1) An entity or person seeking to provide cable service 485 over a cable system located in whole or in part within the 486 applicable municipality or county must submit to the applicable 487 municipal or county agency an affidavit signed by an officer or 488 general partner of the applicant affirming: 489 (a) That the applicant has filed or will timely file with 490 the Federal Communications Commission all forms required by that 491 agency in advance of offering cable service in this state. 492 (b) That the applicant agrees to comply with all 493 applicable federal and state laws and regulations, to the extent 494 that such state laws and rules are not in conflict with or 495 superseded by the provisions of chapter 610 and s. 337.401, 496 Florida Statutes, or other applicable state law. 497 (c) That the applicant agrees to comply with all lawful 498 state laws and rules and municipal and county ordinances and 499 regulations regarding the placement and maintenance of 500 communications facilities in the public right-of-way that are 501 generally applicable to providers of communications services in 502 accordance with s. 337.401, Florida Statutes. 503 (d) A description of the service area for which the 504 applicant seeks certificate of franchise authority, which shall Page 18 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No, 16A5 N T A M~chI27\~OQ:7 S Page 65' of S8 HB 855 2007 505 be coextensive with municipal, county, or other political 506 boundaries. For applicants with existing communications 507 facilities, the service area shall be coextensive with any 508 provider's existing network boundaries. 509 (e) The location of the applicant's principal place of 510 business and the names of the applicant's principal executive 511 officers. 512 (f) That the applicant is authorized to do business in the 513 state. 514 (g) That the applicant has sufficient technical, 515 financial, and managerial capability to provide cable service 516 within the service area for which the applicant seeks a 517 certificate of franchise authority. At the time of filing the 518 affidavit, the applicant shall furnish its most recent 519 unqualified audited financial statement if a publicly available 520 audited financial report for the applicant or its parent entity 521 is not available. 522 (h) That neither the applicant nor any of its current 523 principal executive officers are under indictment or have been 524 convicted of a felony in this state. 525 (2) Before the 10th business day after an applicant for a 526 certificate of franchise authority submits the affidavit 527 described in subsection (1), the applicable municipal or county 528 agency shall notify the applicant whether the applicant's 529 affidavit is complete. If the applicable municipal or county 530 agency finds that the application is incomplete, the applicable 531 municipal or county agency must specify with particularity the 532 corrective action required and permit the applicant to amend the Page 19 of 42 CODING: Words stricken are deletions; words underlined are additions, hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A MdfCh, 27, ,20~7 S Page 66" of as HB 855 2007 533 application to cure any deficiency. 534 (3) The applicable municipal or county agency shall 535 provide a notice of compliance to the Department of State before 536 the 15th business day after receipt of an affidavit submitted by 537 an applicant pursuant to subsection (1), except that, if the 538 applicable municipal or county agency provides notice before the 539 10th business day after receipt of the affidavit that the 540 affidavit is not complete pursuant to subsection (2), the 541 applicable municipal or county agency shall submit a notice of 542 compliance to the Department of State within 5 business days 543 after receipt of an amended affidavit. 544 (4) After the Department of State issues an ordinance 545 certificate of franchise authority pursuant to s. 610.104, the 546 applicant shall have the right to provide cable service over a 547 cable system as requested in the affidavit and shall have the 548 right to construct, maintain, and operate facilities through, 549 upon, over, and under any public right-of-way or waters within 550 the applicable municipality or county. 551 (5) A certificateholder may include additional service 552 areas within the applicable municipality or county in its 553 current ordinance certificate by filing notice with the 554 applicable municipal or county agency and the Department of 555 State that reflects the new service area or areas to be served. 556 (6) The ordinance certificate is fully transferable to any 557 successor in interest to the applicant to which the certificate 558 is initially granted. A notice of transfer shall be filed with 559 the applicable municipal or county agency and the Department of 560 State within 14 business days following the completion of such Page 20 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A MdfCh,27, ,20~7 S Page 61' of as HB 855 2007 561 transfer. 562 (7) The certificate of franchise authority issued by the 563 department may be terminated by the cable service provider by 564 submitting notice to the applicable municipal or county agency 565 and the Department of State. 566 (8) An applicant may challenge a denial of an application 567 or any failure to act by the [applicable municipal or county 568 agency] in a court of competent jurisdiction through a petition 569 for a writ of mandamus. 570 (9) The applicable municipal or county agency may adopt a 571 standard application form, in which case the application shall 572 be on such form. 573 (10) For the purposes of this ordinance, the definitions 574 set forth in s. 610.103 shall apply. 575 (11) After the effective date of the ordinance, a cable 576 service provider operating under a franchise agreement granted 577 by the applicable municipality or county prior to the effective 578 date of the ordinance may elect to terminate its existing 579 franchise agreement pursuant to s. 610.109 and obtain an 580 ordinance franchise hereunder. 581 610.1075 Optional provisions of standard cable 582 ordinance.--A municipality or county electing to enact a 583 standard cable ordinance pursuant to s. 610.104 may include 584 provisions that: 585 (1) Establish the number of public, educational, and 586 governmental access channels that each cable service provider 587 must provide, upon request, to the municipality or county, as 588 follows: Page 21 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 F LOR D A H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A Mdfch,27,,20~7 S Page 68' of as HB 855 2007 589 (a) A municipality or county may require an ordinance 590 certificateholder, within 180 days following a request from such 591 municipality or county, to designate a sufficient amount of 592 capacity on its network to allow the provision of the same 593 number of public, educational, and governmental access channels 594 or functional equivalent that a municipality or county has 595 activated under the incumbent cable service provider's franchise 596 agreement as of January 1, 2007. Upon the earlier of the 597 expiration or termination of the incumbent cable service 598 providers' franchise agreement, the maximum number of channels 599 or capacity shall be as set forth in paragraph (b). For the 600 purposes of this section, a public, educational, or governmental 601 channel is deemed activated if the channel is being used for 602 public, educational, or governmental programming within the 603 municipality or county for at least 8 hours per day of locally 604 produced original programming, excluding without limitation 605 repeat and character-generated programming, for any six 606 consecutive-month period. The municipality or county may 607 require, within 180 days following a request from such 608 municipality or county, additional channels or functional 609 capacity up to the equivalent permitted under the incumbent 610 cable service provider's franchise agreement as of January 1, 611 2007, until such agreement expires or is terminated. 612 (b) If a municipality or county did not have public, 613 educational, or governmental access channels activated under the 614 incumbent cable service provider's franchise agreement as of 615 January 1, 2007, the municipality or county may require the 616 ordinance certificateholder to furnish, not later than 180 days Page 22 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;y-chI27\t20Q:7 S Page 69' of 68 HB 855 2007 617 following a request by the municipality or county: 618 1. Up to three public, educational, or governmental 619 channels or capacity equivalent for a municipality or county 620 with a population of at least 50,000. 621 2. Up to two public, educational, or governmental channels 622 or capacity equivalent for a municipality or county with a 623 population of less than 50,000. 624 625 The limits in sub-subparagraphs 1. and 2. constitute the total 626 number of public, educational, or governmental channels that may 627 be designated on any cable service provider's network using a 628 single headend, or on all commonly owned cable service 629 provider's networks that share a common headend, regardless of 630 the number of cities or counties served from such headend, 631 provided that the populations of all cities and counties served 632 by such provider's networks shall be aggregated for purposes of 633 applying such limits. 634 (c) A cable service provider may locate any public, 635 educational, or governmental access channel on any tier of 636 service offered that is viewed by at least 40 percent of the 637 provider's subscribers. 638 (d) All other provisions of s. 610.113 shall apply to the 639 provision of public, educational, or governmental access 640 channels by an ordinance certificateholder. 641 (2) Provide that if the municipality or county was 642 entitled on July 1, 2007, to receive recurring or nonrecurring 643 cash or other payments to support the capital or operating costs 644 of public, educational, and governmental access facilities Page 23 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 U S E o F R E PRE S E Agenda Item No. 16A5 N T A M;;y-ch,27\t20Q:7 S Page 7d' of 68 HB 855 2007 645 pursuant to the terms of the incumbent cable service provider's 646 franchise, the municipality or county may require an ordinance 647 certificateholder to make the same cash or other payments until 648 the earlier of the termination or expiration date of the 649 incumbent cable service provider's franchise agreement existing 650 as of July 1, 2007. Upon expiration or termination of the 651 incumbent cable service provider's franchise, any cash or other 652 payments shall be prohibited. 653 (3) Require each ordinance certificateholder, if requested 654 pursuant to a bona fide order for cable service, to make cable 655 service available at any building located within 125 feet of a 656 certificateholder's existing distribution plant, provided such 657 buildings are used for municipal or county purposes, including, 658 but not limited to, emergency operations centers, fire stations, 659 and public schools within the area described in its application 660 including any amendments to such application. The municipality 661 or county shall be responsible for any connectivity beyond the 662 first 125 feet. The municipality or county shall be responsible 663 for obtaining authority for the certificateholder to gain access 664 to any leased facility to provide the services described in this 665 section on terms that are reasonably acceptable to the 666 certificateholder and at no cost to the certificateholder. 667 (4) Identify and cross-reference other municipal and 668 county ordinances and regulations regarding the placement and 669 maintenance of communications facilities in the public right-of- 670 way with which each ordinance certificateholder must comply. Any 671 other ordinance and regulation identified and cross-referenced 672 in the standard cable ordinance shall be generally applicable to Page 24 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F Agenda Item No. 16A5 R E PRE S E N T A M;;y-chI27v20Q:7 S Page 71 of 68 HB 855 2007 673 all providers of communications services in accordance with s. 674 337.40l. 675 (5) Require an incumbent cable service provider to comply 676 with customer service requirements reasonably comparable to, and 677 that do not exceed, the standards in 47 C.F.R. s. 76.309(c). 678 Such requirements shall only apply until there are two or more 679 providers offering cable service or competitive video 680 programming services in the relevant service area. In addition, 681 the municipality or county may require that cable service 682 quality complaints from customers of an ordinance 683 certificateholder within the jurisdiction of the municipality or 684 county be filed with an appropriate municipal or county office 685 or agency. This subsection shall not be construed to permit the 686 municipality or county to impose customer service standards in 687 conflict with this section. 688 610.108 Application process; statutory certificate of 689 franchise authority.--When a person or entity applies for a 690 statutory certificate of franchise authority under s. 610.105, 691 the following provisions apply: 692 (1) Before the lOth business day after an applicant for a 693 certificate of franchise authority submits the affidavit 694 described in subsection (2) ,. the department shall notify the 695 applicant whether the applicant's affidavit is complete. If the 696 department denies the application, the department shall specify 697 with particularity the reasons for the denial and permit the 698 applicant to amend the application to cure any deficiency. The 699 department shall act upon such amended application within 10 700 business days. Page 25 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;y-ch,27, t20Q:7 S Page 7'Z of 68 H B 855 2007 701 (2) The department may establish a standard application 702 form that shall be limited to the specific information required 703 under subsection (3), in which case the application shall be on 704 such form and must be accompanied by a one-time application fee 705 established by the department, not to exceed $500 for the 706 applicant's initial application and no more than $50 for each of 707 the applicant's additional applications. The fee shall be based 708 on the costs incurred by the department in performing its duties 709 under this chapter For purposes of this subsection, a parent 710 company may file a single application covering itself and all of 711 its subsidiaries and affiliates intending to provide cable 712 service in the service areas throughout the state as described 713 in paragraph (3) (d), but the entity actually providing such 714 service in a given area shall otherwise be considered the 715 certificateholder under this act. 716 (3) The department shall issue a certificate of franchise 717 authority to offer cable service before the 30th business day 718 after receipt of a completed affidavit submitted by an applicant 719 and signed by an officer or general partner of the applicant 720 affirming: 721 (a) That the applicant has filed or will timely file with 722 the Federal Communications Commission all forms required by that 723 agency in advance of offering cable service in this state. 724 (b) That the applicant agrees to comply with all 725 applicable federal and state laws and regulations, to the extent 726 that such state laws and rules are not in conflict with or 727 superseded by the provisions of this chapter or other applicable 728 state law. Page 26 of 42 CODING: Words strickon are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;vchI27\t20Q:7 S Page 7~ of sa HB 855 2007 729 (c) That the applicant agrees to comply with all lawful 730 state laws and rules and municipal and county ordinances and 731 regulations regarding the placement and maintenance of 732 communications facilities in the public right-of-way that are 733 generally applicable to providers of communications services in 734 accordance with s. 337.401. 735 (d) A description of the service area for which the 736 applicant seeks a certificate of franchise authority, which 737 shall be coextensive with municipal, county, or other political 738 boundaries. For applicants with existing communications 739 facilities, the service area shall be coextensive with any 740 provider's existing network boundaries. 741 (e) The location of the applicant's principal place of 742 business and the names of the applicant's principal executive 743 officers. 744 (f) That the applicant is authorized by the department to 745 transact business in this state. 746 (g) That the applicant has sufficient technical, 747 financial, and managerial capability to provide cable service 748 within the service area for which the applicant seeks a 749 certificate of franchise authority. At the time of the filing of 750 the affidavit, the applicant shall furnish its most recent 751 unqualified audited financial statement if a publicly available 752 audited financial report for the applicant or its parent entity 753 is not available. 754 (h) That neither the applicant nor any of its current 755 principal executive officers are under indictment nor have been 756 convicted of a felony in this state. Page 27 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;vch,27\t20Q:7 S Page 74" of 68 HB 855 2007 757 (4) If the department fails to act on the application 758 within 30 business days after receiving the application, the 759 application shall be deemed granted by the department without 760 further action. 761 (5) The certificate of franchise authority issued by the 762 department shall contain: (a) A grant of authority to provide cable service over a 763 764 cable system as requested in the application. 765 (b) A grant of authority to construct, maintain, and 766 operate facilities through, upon, over, and under any public 767 right-of-way. (c) A statement that the grant of authority is subject to 768 769 lawful operation of the cable system to provide cable service by 770 the applicant or its successor in interest. (6) A certificateholder that seeks to include additional 771 772 service areas in its current certificate shall file notice with 773 the department that reflects the new service area or areas to be 774 served consistent with the requirements of paragraph (3) (d) . (7) The certificate of franchise authority issued by the 775 776 department is fully transferable to any successor in interest to 777 the applicant to which the certificate is initially granted. A 778 notice of transfer shall be filed with the department and the 779 relevant municipality or county within 14 business days 780 following the completion of such transfer. (8) The certificate of franchise authority issued by the 781 782 department may be terminated by the cable service provider by 783 submitting notice to the department. 784 (9) An applicant may challenge a denial of an application Page 28 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;vchI27\t20Q:7 S Page 75' of sa HB 855 2007 785 by the department in a court of competent jurisdiction through a 786 petition for a writ of mandamus. 787 (10) The department may adopt any procedural rules and 788 regulations pursuant to ss. 120.536(1) and 120.54 necessary to 789 implement this section. Failure of an applicant to comply with 790 procedural rules and regulations adopted by the department to 791 implement this section shall not be a basis for denial of a 792 certificate if the affidavit is submitted before the department 793 adopts such procedural rules and regulations. 794 (11) The department may revoke an ordinance or statutory 795 certificate of franchise authority for any area as to which a 796 court of competent jurisdiction finds, pursuant to s. 610.117, 797 that a certificateholder is in noncompliance with the 798 requirements of this chapter after notice and a reasonable time 799 to cure the noncompliance. 800 610.109 Eligibility of incumbent cable service provider 801 for ordinance or statutory certificate of franchise authority in 802 areas where provider has an existing franchise.--A cable service 803 provider that has an existing, unexpired franchise to provide 804 cable service with respect to a municipality or county as of 805 July 1, 2007, may seek an ordinance or statutory certificate of 806 franchise authority under this chapter as to that municipality 807 or county upon the earliest of: 808 (1) The expiration date of the existing franchise 809 agreement; 810 (2) January 1, 2009; 811 (3) The date on which such municipality or county adopts a 812 standard ordinance pursuant to s. 610.104; or, Page 29 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;vch,27..i120Q:7 S Page 76- of 68 HB 855 2007 813 (4) The date any cable service provider or competitive 814 video programming services provider receives a statutory 815 certificate of franchise authority to serve all or portions of 816 that municipality or county under s. 610.108. An incumbent cable 817 service provider may terminate its existing franchise under this 818 subsection by providing written notice to the Secretary of State 819 and the affected municipality or county within 180 days after 820 becoming eligible to elect to terminate it existing franchise. 821 The municipal or county franchise is terminated on the date the 822 ordinance or statutory certificate of franchise authority is 823 granted. 824 610.1105 Franchise fee prohibited.--Except as otherwise 825 provided in this chapter, the department may not impose any 826 taxes, fees, charges, or other impositions on a cable service 827 provider as a condition for the issuance of an ordinance or 828 statutory certificate of franchise authority. Except as 829 otherwise provided in this chapter, no municipality or county 830 may impose any taxes, fees, charges, or other exactions on 831 certificateholders in connection with use of public right-of-way 832 as a condition of a certificateholder doing business in the 833 municipality or county, or otherwise, except such taxes, fees, 834 charges, or other exactions permitted by chapter 202, s. 835 337.401(6), and this chapter. 836 610.1115 Customer service standards.-- 837 (1) Each cable service provider shall comply with the 838 customer service standards in 47 c.F.R. s. 76.309(c) until there 839 are two or more providers offering cable service or competitive 840 video programming service in the relevant service area. Page 30 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;vch,27\t20Q:7 S Page T1' of 68 HB 855 2007 841 (2) The Department of Agriculture and Consumer Services 842 shall receive service quality complaints from customers of a 843 statutory certificateholder. The Department of Agriculture and 844 Consumer Services may adopt any procedural rules pursuant to ss. 845 120.536(1) and 120.54 necessary to implement this section. 846 (3) The Department of Agriculture and Consumer Services 847 shall address customer service complaints expeditiously by 848 assisting with the resolution of such complaints between the 849 complainant and the certificateholder. 850 610.112 Public, educational, and governmental access 851 channels. -- 852 (1) A certificateholder, not later than 180 days following 853 a request by a municipality or county within whose jurisdiction 854 the certificateholder is providing cable service, shall 855 designate a sufficient amount of capacity on its network to 856 allow the provision of public, educational, and governmental 857 access channels for noncommercial programming as set forth in 858 this section and in a municipal or county franchise pursuant to 859 s. 610.1075(1). 860 (2) A certificateholder shall designate a sufficient 861 amount of capacity on its network to allow the provision of the 862 same number of public, educational, and governmental access 863 channels or functional equivalent that a municipality or county 864 has activated under the incumbent cable service provider's 865 franchise agreement as of January 1, 2007, or the number of 866 channels or capacity set forth in paragraphs (3) (a) and (b) and 867 as limited by s. 610.1075(1). For the purposes of this section, 868 a public, educational, or governmental channel is deemed Page 31 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 F LOR I D A H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;vch, 27\ t20Q:7 S Page 7ff of 68 HB 855 2007 869 activated if the channel is being used for public, educational, 870 or governmental programming within the municipality or county 871 for at least 8 hours per day of locally produced original 872 programming, excluding without limitation repeat and character- 873 generated programming, for any 6 consecutive-month period. The 874 municipality or county may request additional channels or 875 functional equivalent permitted under the incumbent cable 876 service provider's franchise agreement as of January 1, 2007, as 877 limited by s. 610.1075(1). 878 (3) (a) If a municipality or county did not have public, 879 educational, or governmental access channels activated under the 880 incumbent cable service provider's franchise agreement as of 881 July 1, 2007, not later than 12 months following a request by 882 the municipality or county within whose jurisdiction a 883 certificateholder is providing cable service, the cable service 884 provider shall furnish: 885 1. Up to three public, educational, or governmental 886 channels or capacity equivalent for a municipality or county 887 with a population of at least 50,000. 888 2. Up to two public, educational, or governmental channels 889 or capacity equivalent for a municipality or county with a 890 population of less than 50,000. 891 (b) The limits in subparagraphs (a)l. and 2. shall 892 constitute the total number of public, educational, or 893 governmental channels that may be designated on any cable 894 service provider's network using a single headend, or on all 895 commonly owned cable service provider's networks that share a 896 common headend, regardless of the number of cities or counties Page 32 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F Agenda Item No. 16A5 R E PRE S E N T A M;;vch,27..i120Q:7 S Page 7<3 of sa HB 855 2007 897 served from such headend; provided further, that the populations 898 of all cities and counties served by such provider's networks 899 shall be aggregated for purposes of applying these limits. 900 (c) A cable service provider may locate any public, 901 educational, or governmental access channel on any tier of 902 service offered that is viewed by at least 40 percent of the 903 provider's subscribers. 904 (4) Any public, educational, or governmental channel 905 provided pursuant to this section that is not programmed by the 906 municipality or county for at least 8 hours a day of locally 907 produced original programming, not excluding without limitation 908 repeal and character-generated programming, for any six 909 consecutive week period shall no longer be made available to the 910 municipality or county but may be programmed at the cable 911 service provider's discretion. 912 (5) The operation of any public, educational, or 913 governmental access channel or functional equivalent provided 914 under this section shall be the responsibility of the 915 municipality or county receiving the benefit of such channel or 916 capacity equivalent, and a certificateholder bears only the 917 responsibility for the transmission of such channel content. A 918 certificateholder shall be responsible for providing the 919 connectivity to each public, educational, or governmental access 920 channel distribution point up to the first 125 feet from the 921 certificateholder's activated cable transmission system. The 922 municipality or county shall be responsible for any and all 923 connectivity beyond the first 125 feet. 924 (6) The municipality or county shall ensure that all Page 33 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 F LOR D A H 0 USE o F Agenda Item No. 16A5 R E PRE S E N T A M;;vch, 27\ t20Q:7 S Page ad' of 68 HB 855 2007 925 transmissions, content, or programming to be transmitted over a 926 channel or facility by a certificateholder are provided or 927 submitted to the cable service provider in a manner or form that 928 is capable of being accepted and transmitted by a provider 929 without any requirement for additional alteration or change in 930 the content by the provider over the provider's network and is 931 compatible with the technology or protocol used by the cable 932 service provider to deliver services. The provision of public, 933 educational, or governmental content to the provider constitutes 934 authorization for the provider to carry such content, including, 935 at the provider's option, authorization to carry the content 936 beyond the jurisdictional boundaries of the municipality or 937 county. (7) Where technically feasible, a certificateholder and an 938 939 incumbent cable service provider shall use reasonable efforts to 940 interconnect their cable systems for the purpose of providing 941 public, educational, and governmental programming. 942 Interconnection may be accomplished by direct cable, microwave 943 link, satellite, or other reasonable method of connection. The 944 party seeking interconnection shall pay the reasonable costs 945 associated with establishing and maintaining such 946 interconnection. 947 (8) A certificateholder is not required to interconnect 948 for, or otherwise transmit, public, educational, and 949 governmental content that is branded with the logo, name, or 950 other identifying marks of another cable service provider, and a 951 municipality or county may require a cable service provider to 952 remove its logo, name, or other identifying marks from public, Page 34 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F Agenda Item No. 16A5 R E PRE S E N T A M;;vch, 27v20Q:7 S Page 81 of sa HB 855 2007 953 educational, and governmental content that is to be made 954 available to another provider. 955 (9) A court of competent jurisdiction shall have exclusive 956 jurisdiction to enforce any requirement under this section. 957 610.113 Nondiscrimination by municipality or county.-- 958 (1) A municipality or county shall allow a 959 certificateholder to install, construct, and maintain a network 960 within a public right-of-way and shall provide a 961 certificateholder with nondiscriminatory and competitively 962 neutral access to the public right-of-way in accordance with the 963 provisions of s. 337.401. All use of a public right-of-way by a 964 certificateholder is nonexclusive. 965 (2) A municipality or county may not discriminate against 966 a certificateholder regarding: 967 (a) The authorization or placement of a network in a 968 public right-of -way; 969 (b) Access to a building or other property; or 970 (c) Utility pole attachment terms. 971 (3) Except as expressly provided in this chapter, nothing 972 contained in this chapter shall be construed to limit or 973 abrogate the municipality's or county's authority over the use 974 of public right-of-way under its jurisdiction, as set forth in 975 s. 337.401(3) (a). 976 610.114 Limitation on local authority.-- 977 (1) A municipality or county may not impose additional 978 requirements on a certificateholder, including, but not limited 979 to, financial, operational, and administrative requirements, 980 except as expressly permitted by this chapter. A municipality or Page 35 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 F LOR Agenda Item No. 16A5 N T A M;;vch, 27..i120Q:7 S Page 8L of 8'8 D A H 0 USE o F R E PRE S E HB 855 2007 981 county may not impose on activities of a certificateholder a 982 requirement: 983 (a) That particular business offices be located in the 984 municipality or county; 985 (b) Regarding the filing of reports and documents with the 986 municipality or county that are not required by state or federal 987 law and that are not related to the use of the public right-of- 988 way. Reports and documents other than schematics indicating the 989 location of facilities for a specific site that are provided in 990 the normal course of the municipality's or county's permitting 991 process, that are authorized by s. 337.401 for communications 992 services providers, or that are otherwise required in the normal 993 course of such permitting process shall not be considered 994 related to the use of the public right-of-way for communications 995 services providers. A municipality or county may not request 996 information concerning the capacity or technical configuration 997 of a certificateholder's facilities; 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 ( c) For the inspection of a certificateholder's business records; or (d) For the approval of transfers of ownership or control of a certificateholder's business, except a municipality or county may require a certificateholder to provide notice of a transfer within a reasonable time period. (2) Notwithstanding any other provision of law, a municipality or county may require the issuance of a permit in accordance with and subject to s. 337.401 to a certificateholder that is placing and maintaining facilities in or on a public right-of-way in the municipality or county. In accordance with Page 36 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F Agenda Item No. 16A5 R E PRE S E N T A M;;vch,27\t20Q:7 S Page 8~ of 68 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 ._1021 _022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 HB 855 2007 s. 337.402, the permit may require the permitholder to be responsible, at the permitholder1s expense, for any damage resulting from the issuance of such permit and for restoring the public right-of-way to a substantially similar condition to that of the public right-of-way before installation of such facilities. The terms of the permit shall be consistent with construction permits issued to other providers of communications services placing or maintaining communications facilities in a public right-of-way. 610.115 Discrimination prohibited.-- (1) The purpose of this section is to prevent discrimination among potential residential subscribers. (2) Pursuant to 47 U.S.C. s. 541(a) (3), a certificateholder may not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides. (3) An affected person may seek enforcement of the requirements provided by subsection (2) by initiating a proceeding with the Department of Agriculture and Consumer Services pursuant to s. 570.544. (4) For purposes of determining whether a certificateholder has violated subsection (2), the certificateholder shall have a reasonable time not to exceed 3 years to deploy service pursuant to 47 U.S.C. s. 541(a) (4) (A) to those customers within the service areas designated in s. 610.107 (1) (d) and (5) or s. 610.108 (3) (d) and (5). Except for satellite service, a competitive video service provider may satisfy the requirements of this section through the use of Page 37 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;vch, 27V20Q:7 S Page 84' of 6'8 HB 855 2007 1037 alternative technology that offers service, functionality, and 1038 content which is demonstrably similar to that provided through 1039 the provider's video service system and may include a technology 1040 that does not require the use of any public right-of-way. The 1041 technology used to comply with the requirements of this section 1042 shall be subject to all the requirements of this act. In no 1043 event shall a cable service provider be required to offer or 1044 provide service to an end user residing in an area with a 1045 density of less than 20 homes per mile from the provider's 1046 nearest distribution plant. 1047 (5) The Department of Agriculture and Consumer Services 1048 may adopt any procedural rules pursuant to ss. 120.536(1) and 1049 120.54 necessary to implement this section. 1050 610.116 compliance.--If a certificateholder is found by a 1051 court of competent jurisdiction to not comply with the 1052 requirements of this chapter, the certificateholder shall have a 1053 reasonable period of time, as specified by the court, to cure 1054 such noncompliance. 1055 610.117 Applicability to competitive video programming 1056 services.--A provider of competitive video programming services 1057 shall apply for and obtain an ordinance or statutory certificate 1058 of franchise authority under ss. 610.102-610.117, including all 1059 rights and obligations associated therewith, before providing 1060 service in the state, notwithstanding that competitive video 1061 programming service may not be a cable service as defined s. 1062 610.103. For purposes of ss. 610.102-610.117, the term 1063 "competitive video programming services" means video programming 1064 provided through wireline facilities located at least in part of Page 38 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F Agenda Item No. 16A5 R E PRE S E N T A M;;vch,27.l120Q:7 S Page 8t; of sa 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 _1077 .078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 HB 855 2007 the public right-of-way without regard to delivery technology, including Internet protocol technology, provided that this definition does not include any video programming service provided by a commercial mobile service provider defined in 47 U.S.c. s. 322 (b). 610.118 Enforcement limitations.--Notwithstanding any of the provisions of ss. 610.102-610.116, no franchising authority may enforce any term, condition, or requirement of any franchise agreement that is more burdensome than the terms, conditions, or requirements imposed on any other certificateholder whether by franchise agreement, ordinance, or statutory certificate. 610.119 Severability.--If any provision of ss. 610.102- 610.117 or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of ss. 610.102-610.117 that can be given effect without the invalid provision or application, and to this end the provisions of ss. 610.102-610.116 are severable. If an incumbent cable service provider is denied its legal right to terminate its existing cable franchise agreement under section 610.109(2), any certificateholder authorized to provide or providing cable services within all or parts of the affected service areas shall also comply with the terms and conditions applicable to the incumbent cable service provider until the incumbent's existing cable franchise agreement expires or is terminated, whichever event occurs earlier. Section 7. Section 364.1605, Florida Statutes, is created to read: 364.1605 Voice competition.-- Page 39 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 F LOR H 0 USE Agenda Item No. 16A5 N T A M;;y-ch,27..i120Q:7 S Page 86- of 58 D A o F R E PRE S E HB 855 2007 (1 ) In addition to the duties established under this chapter, an entity that is an incumbent local exchange carrier, as defined in 47 U.S.C. s. 251(h), as of July 1, 2007, and any affiliate of such entity that provides wireline voice service within the service territory of such incumbent local exchange carrier, regardless of the technology, shall owe: (a) The duty to establish physical connections with its wireline facilities pursuant to s. 201 of the Communications Act of 1934 and the rules of the Federal Communications Commission adopted under that section. (b) The duties owed by an incumbent local exchange carrier to providers of telecommunications services, telephone exchange service, and telephone toll service with respect to its wireline facilities as provided in 47 U.S.C. s. 251 and the rules of the Federal Communications Commission adopted under that section, to any other carrier and to any facilities-based provider of Internet protocol enabled voice service. Interconnection with such entity's network may be direct or indirect and shall be at the most efficient point or points within that network and in the most efficient format, as determined by the requesting carrier or provider. (2) Requests by such other carrier or provider for interconnection, services, or network elements from an incumbent local exchange carrier shall be subject to the procedures, requirements, and pricing standards of 47 U.S.C. s. 252. (3) A telecommunications company may use interconnection, services, and network elements obtained from an incumbent local exchange carrier, including from a rural telephone company or Page 40 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A5 N T A M;;y-ch,27\t20Q:7 S Page 87' of sa 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 _1133 _134 1135 1136 1137 1138 1139 HB 855 2007 small local exchange telecommunications company, pursuant to 47 D.S.C. ss. 251 and 252 to provide wholesale telecommunications and telecommunications service to a provider of Internet protocol enabled voice service and exchange traffic between such provider and the public switched network. (4) For purposes of this section, the term "facilities- based provider of Internet protocol enabled voice service" means an entity that provides voice-over-Internet protocol as that term is defined in federal law over a physical facility which connects to the end user's location and which such entity or an affiliate of such entity owns or over which such entity or affiliate has exclusive use. An entity or affiliate of such entity shall be considered a facilities-based provider of Internet protocol enabled voice service only in those geographic areas where such physical facilities are located. Section 8. Section 166.046, Florida Statutes, is repealed. Section 9. Paragraph (a) of subsection (3) of section 350.81, Florida Statutes, is amended to read: 350.81 Communications services offered by governmental 1140 entities. -- 1141 (3) (a) A governmental entity that provides a cable service 1142 shall comply with the Cable Communications Policy Act of 1984, 1143 47 U.S.C. ss. 521 et seq., the regulations issued by the Federal 1144 Communications Commission under the Cable Communications Policy 1145 Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state 1146 and federal rules and regulations, including, but not limited 1147 to, o. 166.016 ~nd those provisions of chapters 202, 212, aaa 1148 337, and 610 which apply to a provider of the services. Page 41 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 FLORIDA Agenda Item No. 16A5 N T A M;;y-ch,27..i120Q:7 S Page 81:) of sa H 0 USE o F R E PRE S E H 8 855 2007 Section 10. Section 364.0361, Florida Statutes, is amended to read: 364.0361 Local government authority; nondiscriminatory exercise.--A local government shall treat each telecommunications company in a nondiscriminatory manner when exercising its authority to grant franchises to a telecommunications company or to otherwise establish conditions or compensation for the use of rights-of-way or other public property by a telecommunications company. A local government may not directly or indirectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality, service territory, and prices, applicable to or in connection with the provision of any voice-over-Internet protocol, regardless of the platform, provider, or protocol, broadband or information service. This section does not relieve a provider from any obligations under O. 166.016 or s. 337.401. Section 11. This act shall take effect July 1, 2007. Page 42 of 42 CODING: Words stricken are deletions; words underlined are additions. hb0855-00 Agenda Item No. 16A6 March 27, 2007 Page 1 of 36 EXECUTIVE SUMMARY Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 529 relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant, renew, or extend any cable television franchise. OBJECTIVE: That the Board of County Commissioners (Board) adopt the attached Resolution opposing enactment into law proposed Florida House Bill 529 relating to cable television and video programming services, and that removes all local cable television franchise authority to grant, extend, or renew any local cable television franchises. CONSIDERATIONS: Collier County Ordinance No. 88-90, as amended, provides for the issuing of cable television franchises as a prerequisite to installation, construction or operation of cable television systems that use public right-of-way in the unincorporated areas of Collier County. Collier County has three (3) active, mutually binding cable franchises. Current Florida law requires cable television operators to acquire a local cable franchise agreement from the applicable local government before providing cable service within the respective local government's jurisdictional area if the service provider requires any use of the local government's jurisdictional public right-of way. The current existing obligation to apply for and acquire a local cable franchise to provide the services exists in Florida Statutes (that are to be repealed by this proposed Bill), and from Federal laws or Federal Communications Commission rules. Collier County has negotiated and obtained benefits that satisfy the cable television related needs of our community, including broadcast of County Commission public meetings, services to public schools and other governmental facilities, and other services that support important educational and public interests. Proposed Florida House Bill 529 authorizes cable franchisees to unilaterally terminate existing cable franchises throughout Florida and does not adequately prevent operators from "cherry picking" its customers. The requirement to acquire a local cable TV franchise is not an unreasonable burden to entities that propose to provide these cable television and video services. Pursuant to this proposed Bill, future cable franchising will be accomplished only by the State of Florida, and will eliminate consideration of the needs of local governments. It is in the best interests of customers of cable service providers in Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require, enforce, and grant term extensions to local cable television franchise agreements. - FISCAL IMPACT: This proposed Bill will eliminate Florida municipalities and Florida counties to receive in-kind contributions and monetary payments agreed to in existing franchise agreements and/or as required by local ordinances, to the extent such Agenda Item No. 16A6 March 27, 2007 Page 2 of 36 agreements or ordinances exceed the "one size fits all" in-kind provIsIons in this proposed Bill. It has been estimated that, collectively, municipalities and counties will lose at least $20 million annually if this Bill becomes law. Currently, cable television franchise fees represent the largest non-property tax revenue source in the MSTD General Fund (111). Collier County received $4,584,900 in cable television franchise fees in budget year FY06. GROWTH MANAGEMENT IMPACT: No impact on Growth Management IS anticipated. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express its opposition to enactment of proposed Florida House Bill 529 into Florida law, and to direct the County Manager or his designee to deliver a copy of this Resolution to each member of Collier County's Local Legislative Delegation, to Governor Charlie Crist, to the Florida Association of Counties, and to the Florida League of Cities. PREPARED BY: James C. French, Operations Manager, CDES -. Item Number: Item Summary: Meeling Date: Agenda Item No. 16A6 March 27. 2007 Page 3 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation to adopt a Resolution opposing enactment Into law proposed Florida House Bill 529 relating to Cable Television and video programming services, removing all local cable lelevlslon franchise authority and provisions to grant renew, or extend any cable television franchise 3/27/200790000 AM Date Approved By Thomas Palmer County Attorney Assistant County Attorney County Attorney Office 3115/20079:47 AM Date Approved By Judy PlJig Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. 3115/20074:29 PM Marlene Stewart Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 3115/20074',33 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/15/20079:15 PM OMB Coordinator Date App roved By County Manager's Office Administrative Assistant Office of Management & Budget 3/19/200710:43 AM App roved By Mark Jsackson County Manager's Office Budget f-\nalyst Date Office of Management & Budget 3/19/200712:39 PM Date App roved By James V, Mudd Board of County Commissioners County Manager County ~...1 anager' s Office 312112007 1'05 PM Agenda Item No. 16A6 March 27, 2007 Page 4 of 36 RESOLUTION NO. 2007 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND FLORIDA'S GOVERNOR TO OPPOSE AND DEFEAT PROPOSED FLORIDA HOUSE BILL 529 (RELATED TO CABLE TELEVISION AND VIDEO PROGRAMMING SERVICES) AND ANY SIMILAR PROPOSED FLORIDA BILLS; AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO COLLIER COUNTY'S LOCAL LEGISLATURE DELEGATION, TO FLORIDA'S GOVERNOR, AND TO THE FLORIDA ASSOCIATION OF COUNTIES AND THE FLORIDA LEAGUE OF CITIES WHEREAS, proposed Florida House Bill 529, incongruously entitled the "Consumer Choice Act of 2007" (which proposed Bill neither protects nor facilitates any choices by consumers of cable television services), among other things, provides that no municipality or county shall grant any new franchise for provision of cable or video services within its jurisdiction, and shall not renew any such existing local franchise although many existing local franchises include franchise renewal provisions; also requires that as of July 1, 2009, all such customer service complaints are to be "handled by" the Florida Department of Agriculture and Consumer Services; also provides that only incumbent cable service providers (meaning the service provider serving the largest number of cable subscribers in the municipality or county as of July 1, 2007) shall comply with customer service requirements reasonably comparable to the standards in Chapter 47, Code of Federal Regulations, but only if no other service provider offering service (excluding direct-ta-home satellite service) anywhere in the incumbent service provider's service area, in which case there are no applicable customer service standards; and WHEREAS, this proposed Bill is a substantial threat to local governments' authority over public rights of way and elimination of benefits being provided by cable franchisees to local governments (which often directly benefit public schools) throughout the state, including resulting negative financial impacts upon local governments and School Boards; and WHEREAS. this proposed Bill specifies that operation of PEG channels shall be the responsibility of the municipality or county that receives the benefit of such channel or equivalent capacity, and state certificate holders bear only responsibility for the transmission of PEG channel content. and WHEREAS, this proposed Bill authorizes Florida's Department of State to grant statewide cable franchises; and WHEREAS, this proposed Bill does not effectively prohibit "cherry picking"; and WHEREAS, this proposed Bill prohibits counties and municipalities from mandating that any holder of a Florida Department of State issued certificate of service must have a business office within the county or municipality; also prohibits the state, counties and municipalities from imposing or collecting any tax, charge, franchise, license, any form of agreement, or any other consideration in connection with the use of public right-of-way except generally applicable right of way permit fees authorized by Section 337.401, Florida Statutes, except the provider must repair physical damage to rights of way caused by the provider or by the providers contractor); also no municipality or county shall require build out requirements. system construction requirements, service deployment requirements, capacity requirements, and upgrades; nor documents and reports except to the extent required by federal law or by other Florida laws; and no municipality or county may even request information concerning the capacity or technical configuration of a state certificate holder's facilities; and WHEREAS, with regard to public, educational and government "("PEG") channels, and notwithstanding mutually agreed provisions to the contrary, local franchise agreements that exist as of July 1,2007, holders of state issued certificates of service are required only to designate a sufficient amount of capacity to allow provision of a comparable number of channels or "capacity equivalent" to PEG channels that were actually in use by the respective municipality or county for at least 10 hours per day under the incumbent service provider's local franchise as of July 1, 2007. If such Page 1 of 4 Agenda Item No. 16A6 March 27, 2007 Page 5 of 36 use is not in effect as of July 1,2007, the local government must submit a request to the service provider, to request up to three channels (or "equivalent capacity") within the requesting municipality or requesting county that has a population of at least 50,000, or submit a request to the provider to make available up to two channels if the municipality or county has a population of less than 50,000 individuals; provided moreover, that the PEG channels then being used by the municipality or county also meet specified hours per day of actual non-repeat programming "in use" requirements; also allows provision of "capacity" in lieu of PEG channels to be allocated, and that providers are not required to place any channel capacity reclaimed by a provider and subsequently restored to the local jurisdiction on the provider's basic tier or analog tier; also the proposed Bill is ambiguous regarding whether initial channels or initial capacity must be located on the provider's basic service tier; and WHEREAS, other issues of concern include lack of mandatory interconnection requirements, prohibitions against requirements for any grants or in kind support, and that connectivity is required up to only the first 200 feet from the provider's cable or video transmission system; and WHEREAS, subject to specified conditions, including that any other provider has been granted a state certificate of service in all or any part of the incumbent provider's "relevant service area," this proposed Bill authorizes the incumbent provider to unilaterally terminate its existing local cable franchise and/or local video franchise, which Bill provisions appear to impair obligations of contracts in violation of Florida's Constitution and the Constitution of the United States because this act unreasonably intrudes into the franchise agreements to a degree greater than is necessary to achieve the act's stated purposes, and, although the Bill requires the incumbent service provider to notify the affected municipality or affected county of its intent to acquire a state certificate of service, which certificate, when issued by the state, automatically terminates the local franchise; also the proposed Bill is silent whether local governments have any legal standing to contest such applications; and WHEREAS, this proposed Bill authorizes each non-incumbent cable franchisee, and/or non-incumbent video franchisee to unilaterally terminate its existing local cable franchise and/or video franchise provided the non-incumbent provider provides cable service or video service to less than specified percentages of the total cable and video service subscribers in the particular franchise area, which provisions appear to impair obligations of contracts in violation of Florida's Constitution and the Constitution of the United States because this act unreasonably intrudes into the franchise agreements to a degree greater than is necessary to achieve the act's stated purposes; and WHEREAS, this proposed Bill will cause municipalities and counties to lose at least $20 million in in-kind contributions from existing service providers; and WHEREAS, service providers that have been issued a state certificate of service may apply to the Florida Department of State for cable and/or video franchises that have smaller geographic areas then the geographic area(s) specified in existing local franchises, and the service provider may thereafter apply to enlarge the state certificated service area without even notifying the municipality or county; and WHEREAS, this proposed Bill authorizes all holders of state certificates of service to transfer to any successor in interest regarding the entity to which the state certificate of service was initially issued (without any required analysis by the Florida Department of State regarding the assignee's apparent ability to properly operate the system); also, although one subsection in this proposed Bill requires that the applicant for a transfer must notify the municipality or county within 14 business days following completion of the respective transfer, another subsection in the proposed Bill reads"... a municipality or county may require a certificate holder to provide notice of a transfer within a reasonable time" - which appears to require such notice only after the completed, state authorized, transfer; and WHEREAS, this proposed Bill contains several problematic ambiguities and omissions that can result in disputes and potential litigation; and Page 2 of 4 Agenda Item No. 16A6 March 27, 2007 Page 6 of 36 WHEREAS, other than Florida's Department of State filing cases in courts of law, this proposed Bill is silent regarding that Department's authority to penalize or otherwise mandate compliance with the Bill's provisions or with the Department's yet to be adopted rules, or to penalize for violations of rules incorporated into this proposed Bill by reference, and subsection 120.54(1)(e), F.S., provides that the Department of State, among all other agencies, has no authority to establish penalties unless the Legislature, when establishing a penalty, provides that the penalty applies to the agency's rules, but this proposed Bill is silent regarding penalties; and WHEREAS, this proposed Bill is silent regarding "standing" of individuals, other service providers and all other entities, to participate regarding applications to the Department of State or its other proceedings, including enforcement proceedings; and WHEREAS, in 1988, Collier County enacted Collier County Ordinance No, 88- 90, to require Collier County issued cable television franchise prerequisites for installation, construction and operation of cable television systems in unincorporated Collier County that use public rights of way; and WHEREAS, pursuant to Ordinance No. 88-90, as amended, Collier County has granted four (4) cable television franchises, all of which are currently active and mutually binding on each of the respective contracting parties; and WHEREAS, current Florida law requires cable television operators to acquire local cable franchise agreements from local governments before providing cable service within the respective local government's jurisdictional area if the service provider requires any use of the local government's jurisdictional public right-of way; and WHEREAS, Collier County, through its cable TV franchising Ordinance, has negotiated and obtained benefits that satisfy the cable television related needs of our community, including broadcast of County Commission public meetings, services to Collier County public schools and other governmental facilities, and other services that support important educational and public interests; and WHEREAS, it is in the best interests of customers of cable service providers in Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require local franchises, and to grant term extensions to now existing franchises; and WHEREAS, the currently existing Florida general law that requires prospective cable TV providers to acquire a local cable TV franchise is not an unreasonable burden upon any such entities, and such local franchises are in the best interests of the local government, the franchisee, and all of the franchisee's customers; and WHEREAS, pursuant to this proposed Bill, all future cable and video franchising would be accomplished by summarily issued Florida Department of State service certificates, thereby repealing now existing obligations required by general law of Florida (which are to be repealed by this proposed Bill), and which obligations variously apply to the local franchising authority governments and to franchisees, all of which obligations now exist to protect the franchising local government, the franchisee, and all of the franchisee's customers, and WHEREAS, the proposed statewide certificate of service process does not obligate provision of cable service for any duration of time (the certificate of franchise authority issued by Florida's Department of State may be terminated simply by the service provider submitting notice of the termination to the state) nor require compliance with customer service standards if any portion of the respective state issued certificate holder's service area is serviced by any another service provider; and WHEREAS, for each of the above reasons, the Board of County Commissioners of Collier County, Florida, hereby expresses its strong opposition to proposed Florida House Bill 529, and Page 3 of 4 Agenda Item No. 16A6 March 27, 2007 Page 7 of 36 WHEREAS, Collier County's Board of County Commissioners urges members of the Florida legislature and Florida's Governor to oppose and defeat proposed Florida House Bill 529; and WHEREAS, the Board finds that is in the public interest, and is in the interests of Florida consumers of cable services and/or video services, to forward a copy of this Resolution to all members of Collier County's local Legislative Delegation, to Florida's Governor, to the Florida Association of Counties and to the Florida League of Cities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: 1. The foregoing "WHEREAS" clauses are hereby incorporated herein as an integral part of this Resolution. 2. The Board of County Commissioners of Collier County opposes proposed Florida House Bill 529, and any other substantially similar Florida Legislation, and urges members of the Florida legislature to oppose and defeat proposed House Bill 529 and any other substantially similar Florida legislation. 3. Governor Crist veto the Bill if it is sent to him by the Legislature. 4. County Manager, Jim Mudd, is hereby directed to immediately distribute a copy of this Resolution to all members of Collier County's local Legislative Delegation, to Governor Charlie Crist, to the Florida Association of Counties and to the Florida League of Cities. 5. This Resolution shall be effective upon adoption. ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, Chairman Deputy Clerk Approved as to form and legal sufficiency: By: Thomas C. Palmer, Assistant County Attorney Page 4 of 4 F LOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 HB 529 D A Agenda Item No. 16A6 R E PRE S E N T A M~~~~7cY;?~ S H 0 USE o F (Corrected Copy) 2007 A bill to be entitled An act relating to statewide cable television and video service franchises; providing a short title; amending s. 202.11, F.S.; providing a definition; amending s. 202.24, F.S.; prohibiting counties and municipalities from negotiating terms and conditions relating to cable and video services; deleting authorization to negotiate; revising application to existing ordinances or franchise agreements; amending s. 337.401, F.S.; deleting authorization for counties and municipalities to award cable service franchises and a restriction that cable service companies not operate without such a franchise; amending s. 337.4061, F.S.; revising definitions; creating ss. 610.102, 610.103, 610.104, 610.105, 610.106, 610.107, 610.108, 610.109, 610.112, 610.113, 610.114, 610.115, 610.116, and 610.117, F.S.; designating the Department of State as the authorizing authority; providing definitions; requiring state authorization to provide cable and video services; providing requirements and procedures; providing for fees; providing duties and responsibilities of the Department of State; providing application procedures and requirements; providing for issuing certificates of franchise authority; providing eligibility requirements and criteria for a certificate; authorizing the department to adopt rules; providing for an application form; providing for a fee; prohibiting the department from imposing taxes, fees, or charges on a cable or video service provider to issue a certificate; prohibiting imposing buildout, construction, and deployment Page 1 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 F LOR 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 HB 529 D A H OU S E Agenda Item No. 16A6 E PRE S E N T A M."chI27i/20Q7 S Page Y of 3"6 o F R (Corrected Copy) 2007 requirements on a certificateholder; requiring certificateholders to make cable and video service available at certain public buildings under certain circumstances; imposing certain customer service requirements on cable service providers; requiring the Department of Agriculture and Consumer Services to receive customer service complaints; requiring provision of public, educational, and governmental access channels or capacity equivalent; providing criteria, requirements, and procedures; providing exceptions; providing responsibilities of municipalities and counties relating to such channels; providing for enforcement; providing requirements for and limitations on counties and municipalities relating to access to public right-of-way; prohibiting counties and municipalities from imposing additional requirements on certificateholders; authorizing counties and municipalities to require permits of certificateholders relating to public right-of-way; providing permit criteria and requirements; prohibiting discrimination among cable and video service subscribers; providing for enforcement; providing for determinations of violations; providing for enforcement of compliance by certificateholders; requiring the Office of Program Policy Analysis and Government Accountability to report to the Legislature on the status of competition in the cable and video service industry; providing report requirements; providing severability; repealing s. 166.046, F.S., relating to definitions and minimum standards for cable television franchises imposed upon counties and Page 2 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 F LOR D A H 0 USE o F R E PRE S E .A.genda Item No. 16A6 N T A Metrchl27.v20~7 S Page 1U of!6 H8529 (Corrected Copy) 2007 59 60 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1. This act may be cited as the "Consumer Choice 65 Act of 2007. " 66 Section 2. Subsection (24) is added to section 202.11, municipalities; amending ss. 350.81 and 364.0361, F.S.; conforming cross-references; providing an effective date. 67 Florida Statutes, to read: 68 202.11 Definitions.--As used in this chapter: 69 (24) "Video service" has the same meaning as that provided 70 in s. 610.103. 71 Section 3. Paragraphs (a) and (c) of subsection (2) of 72 section 202.24, Florida Statutes, are amended to read: 73 202.24 Limitations on local taxes and fees imposed on 74 dealers of communications services.-- 75 (2) (a) Except as provided in paragraph (c), each public 76 body is prohibited from: 77 1. Levying on or collecting from dealers or purchasers of 78 communications services any tax, charge, fee, or other imposition 79 on or with respect to the provision or purchase of communications 80 serVlces. 81 2. Requiring any dealer of communications services to enter 82 into or extend the term of a franchise or other agreement that 83 requires the payment of a tax, charge, fee, or other imposition. 84 3. Adopting or enforcing any provision of any ordinance or 85 agreement to the extent that such provision obligates a dealer of 86 communications services to charge, collect, or pay to the public 87 body a tax, charge, fee, or other imposition. Page 3 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F R E PRE Agenda Item No. 16A6 S E N T A M;;y-ch127v201t7 S Page 1 T of ~6 H8529 (Corrected Copy) 2007 88 89 Municipalities and counties may not E;::tch rnunicip;::tlity ;::tnd oounty 90 rct;::tino ;::tuthority to negotiate ;::tll tcrmo ;::tnd conditiono of ;::t 91 c;::tblc ocrvicc fr;::tnchioc ;::tllo'.;cd by fcdcr;::tl ;::tnd ot;::ttc l;::t\; cxccpt 92 those terms and conditions related to franchise fees or aH4 the 93 definition of gross revenues or other definitions or 94 methodologies related to the payment or assessment of franchise 95 fees on providers of cable or video services. 96 (c) This subsection does not apply to: 97 1. Local communications services taxes levied under this 98 chapter. 99 2. Ad valorem taxes levied pursuant to chapter 200. 100 3. Occupational license taxes levied under chapter 205. 101 4. "911" service charges levied under chapter 365. 102 5. Amounts charged for the rental or other use of property 103 owned by a public body which is not in the public rights-of-way 104 to a dealer of communications services for any purpose, 105 including, but not limited to, the placement or attachment of 106 equipment used in the provision of communications services. 107 6. Permit fees of general applicability which are not 108 related to placing or maintaining facilities in or on public 109 roads or rights-of-way. 110 7. Permit fees related to placing or maintaining facilities 111 in or on public roads or rights-of-way pursuant to s. 337.401. 112 8. Any in-kind requirements, institutional networks, or 113 contributions for, or in support of, the use or construction of 114 public, educational, or governmental access facilities allowed 115 under federal law and imposed on providers of cable or video 116 service pursuant to any existing ordinance or an existing Page 4 of 29 CODING: Words stricken are deletions; words underlined are additions, hb0529-00 FLORIDA H 0 USE o F Agenda Item No. 16A6 R E PRE S E N T A M;;rch127y20lt7 S Pag~ 1"L of ~6 HB 529 (Corrected Copy) 2007 117 franchise agreement granted by each municipality or county, under 118 which ordinance or franchise agreement service is provided prior 119 to July 1, 2007, or as permitted under chapter 610. Nothing in 120 this subparagraph shall prohibit the ability of providers of 121 cable or video service to recover such expenses as allowed under 122 federal law. 123 9. Special assessments and impact fees. 124 10. Pole attachment fees that are charged by a local 125 government for attachments to utility poles owned by the local 126 government. 127 11. Utility service fees or other similar user fees for 128 utility services. 129 12. Any other generally applicable tax, fee, charge, or 130 imposition authorized by general law on July 1, 2000, which is 131 not specifically prohibited by this subsection or included as a 132 replaced revenue source in s. 202.20. 133 Section 4. Paragraphs (a), (b), (e), and (f) of subsection 134 (3) of section 337.401, Florida Statutes, are amended to read: 135 337.401 Use of right-of-way for utilities subject to 136 regulation; permit; fees.-- 137 (3) (a)~ Because of the unlque circumstances applicable to 138 providers of communications services, including, but not limited 139 to, the circumstances described in paragraph (e) and the fact 140 that federal and state law require the nondiscriminatory 141 treatment of providers of telecommunications services, and 142 because of the desire to promote competition among providers of 143 communications services, it is the intent of the Legislature that 144 municipalities and counties treat providers of communications 145 services in a nondiscriminatory and competitively neutral manner Page 5 of 29 CODING: Words stricken are deletions; words underlined are additions, hb0529-00 F LOR I D A H 0 U S E o F R E PRE S Agenda Item No. 16A6 E N T A Metrch1271120Q:7 S Page 15 of 36 H8 529 (Corrected Copy) 2007 146 when imposing rules or regulations governing the placement or 147 maintenance of communications facilities in the public roads or 148 rights-of-way. Rules or regulations imposed by a municipality or 149 county relating to providers of communications services placing 150 or maintaining communications facilities in its roads or rights- 151 of-way must be generally applicable to all providers of 152 communications services and, notwithstanding any other law, may 153 not require a provider of communications services, eJCccpt :to 154 other,doc provided in oubp:tr:tgr:tph 2. , to apply for or enter into 155 an individual license, franchise, or other agreement with the 156 municipality or county as a condition of placing or maintaining 157 communications facilities in its roads or rights-of-way. In 158 addition to other reasonable rules or regulations that a 159 municipality or county may adopt relating to the placement or 160 maintenance of communications facilities in its roads or rights- 161 of-way under this subsection, a municipality or county may 162 require a provider of communications services that places or 163 seeks to place facilities in its roads or rights-of-way to 164 register with the municipality or county and to provide the name 165 of the registrant; the name, address, and telephone number of a 166 contact person for the registrant; the number of the registrant's 167 current certificate of authorization issued by the Florida Public 168 Service Commission, er the Federal Communications commission~ 169 the Department of Statej and proof of insurance or self-insuring 170 status adequate to defend and cover claims. 171 2. Not'.:i thot:tnding thc pro',rloiono of oubp:tr:tgr:tph 1., :t 172 municip:tlity or county ffi:ty, :to provided by 17 U.S.C. o. 511, 173 :t',J:trd onc or more fr:tnchioeo ',dthin ita juriodiction for the 174 provioion of c:tble oervicc, :tnd :t provider of c:tble ocrvice oh:tll Page 6 of 29 CODING: Words stricken are deletions; words underlined are additions, hb0529-00 F L 0 RID A H 0 U S E o F R E PRE S Agenda Item No. 16A6 E N T A M.,.chJ27V20!;tl S Pag~ 14'" of 3-6 H8 529 (Corrected Copy) 2007 175 not provide c~ble oervice uithout ouch fr~nchioc. E~ch 176 municip~lity ~nd county ret~ino ~uthority to negoti~te ~ll termo 177 ~nd conditiono of ~ c~ble oerJ"ice fr~nchioe ~llm:cd by fcder~l 178 1~'.J ~nd o. 16:6:.016:, except thooe termo ~nd conditiono rel~ted to 179 fr~nchioe fcco ~nd the definition of grooo rcvenueo or other 180 definitiono or methodologieo rel~ted to the p~yment or ~ooeooment 181 of fr~nchioc feeo ~nd permit feeo ~o provided in p~r~gr~ph (c) on 182 providero of c~ble oerviceo. ^ municip~lity or county m~y 183 exercioe i to right to require from pro'Jidero of c~ble oerJice in 184 kind requiremcnto, including, but not limited to, inotitution~l 185 netuorko, ~nd contributiono for, or in oupport of, the uoe or 186 conotruction of public, cduc~tion~l, or govcrnment~l ~cccoo 187 f~cilitieo to the extent permitted by feder~l l~~. ^ provider of 188 c~ble oervice m~y exercioe ito right to reCO'Jer ~ny ouch expenoeo 189 ~oooci~ted \:ith ouch in ]:ind requiremento, to the extent 190 permitted by feder~l l~~. 191 (b) Registration described in paragraph oubp~r~gr~ph (a)~ 192 does not establish a right to place or maintain, or priority for 193 the placement or maintenance of, a communications facility in 194 roads or rights-of-way of a municipality or county. Each 195 municipality and county retains the authority to regulate and 196 manage municipal and county roads or rights-of-way in exercising 197 its police power. Any rules or regulations adopted by a 198 municipality or county which govern the occupation of its roads 199 or rights-of-way by providers of communications services must be 200 related to the placement or maintenance of facilities in such 201 roads or rights-of-way, must be reasonable and nondiscriminatory, 202 and may include only those matters necessary to manage the roads 203 or rights-of-way of the municipality or county. Page 7 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F R E PRE Agenda Item No. 16A6 S E N T A M;;y-chI271120~7 S Page 1 ti of ~ H8 529 (Corrected Copy) 2007 204 (e) The authority of municipalities and counties to require 205 franchise fees from providers of communications services, with 206 respect to the provision of communications services, is 207 specifically preempted by the state, cxccpt etO othcn:ioc pro':idcd 208 in oubpetretgretph (et)2., because of unique circumstances applicable 209 to providers of communications services when compared to other 210 utilities occupying municipal or county roads or rights-of-way. 211 Providers of communications services may provide similar services 212 in a manner that requires the placement of facilities in 213 municipal or county roads or rights-of-way or in a manner that 214 does not require the placement of facilities in such roads or 215 rights-of-way. Although similar communications services may be 216 provided by different means, the state desires to treat providers 217 of communications services in a nondiscriminatory manner and to 218 have the taxes, franchise fees, and other fees paid by providers 219 of communications services be competitively neutral. 220 Municipalities and counties retain all existing authority, if 221 any, to collect franchise fees from users or occupants of 222 municipal or county roads or rights-of-way other than providers 223 of communications services, and the provisions of this subsection 224 shall have no effect upon this authority. The provisions of this 225 subsection do not restrict the authority, if any, of 226 municipalities or counties or other governmental entities to 227 receive reasonable rental fees based on fair market value for the 228 use of public lands and buildings on property outside the public 229 roads or rights-of-way for the placement of communications 230 antennas and towers. 231 (f) Except as expressly allowed or authorized by general 232 law and except for the rights-of-way permit fees subject to Page 8 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M"tfchI271120Q} S Pag~ 1b- of ~ HB 529 (Corrected Copy) 2007 233 paragraph (c), a municipality or county may not levy on a 234 provider of communications services a tax, fee, or other charge 235 or imposition for operating as a provider of communications 236 services within the jurisdiction of the municipality or county 237 which is in any way related to using its roads or rights-of-way. 238 A municipality or county may not require or solicit in-kind 239 compensation, except as otherwise provided in s. 202.24(2) (c)8. 240 or s. 610.109 oubp~r~gr~ph (~)2. Nothing in this paragraph shall 241 impair any ordinance or agreement in effect on May 22, 1998, or 242 any voluntary agreement entered into subsequent to that date, 243 which provides for or allows in-kind compensation by a 244 telecommunications company. 245 Section 5. Section 337.4061, Florida Statutes, is amended 246 to read: 247 337.4061 Definitions; unlawful use of state-maintained road 248 right-of-way by nonfranchised cable and video tclc~ioion 249 services.-- 250 (1) As used in this section, the term: 251 (a) "Cable service" means: 252 1. The one-way transmission to subscribers of video 253 programming or any other programming service; and 254 2. Subscriber interaction, if any, which is required for 255 the selection of such video programming or other programming 256 service. 257 (b) "Cable system" means a facility, consisting of a set of 258 closed transmission paths and associated signal generation, 259 reception, and control equipment that is designed to provide 260 cable service which includes video programming and which is 261 provided to multiple subscribers within a community, but such Page 9 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 F L 0 RID A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M~ch127..i120lt7 S Pag~ 1 r of ~6 HB 529 (Corrected Copy) 2007 262 term does not include: 263 1. A facility that serves only to retransmit the television 264 signals of one or more television broadcast stations; 265 2. A facility that serves only subscribers in one or more 266 multiple-unit dwellings under common ownership, control, or 267 management, unless such facility or facilities use any public 268 right-of-way; 269 3. A facility that serves subscribers without using any 270 public right-of-way. 271 4.~ A facility of a common carrier that is subject, in 272 whole or in part, to the provisions of 47 U.S.C. s. 201 et seq., 273 except the specific bandwidths or wavelengths used by ~ such 274 facility shall be considered a cable system only to the extent 275 such bandwidths or wavelengths are f~cility io used in the 276 transmission of video programming directly to subscribers, unless 277 the extent of such use is solely to provide interactive on-demand 278 services, in which case the use of such bandwidths or wavelengths 279 is not a cable system; or 280 5.~ Any facilities of any electric utility used solely for 281 operating its electric utility systems. 282 (c) "Franchise" means an initial authorization or renewal 283 thereof issued by a franchising authority, whether such 284 authorization is designated as a franchise, permit, license, 285 resolution, contract, certificate, agreement, or otherwise, which 286 authorizes the construction or operation of a cable system or 287 video service provider network facilities. 288 (d) "Franchising authority" means any governmental entity 289 empowered by federal, state, or local law to grant a franchise. 290 (e) "Person" means an individual, partnership, association, Page 10 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F R E Agenda Item No. 16A6 PRE S E N T A M"tfchl27.it20ft7 S Page 1 tl of ~6 H8529 (Corrected Copy) 2007 291 joint stock company, trust, corporation, or governmental entity. 292 (f) "Video programming" means programming provided by or 293 generally considered comparable to programming provided by a 294 television broadcast station or cable system. 295 (g) "Video service" has the same meaning as that provided 296 in s. 610.103. 297 (2) It is unlawful to use the right-of-way of any state- 298 maintained road, including appendages thereto, and also 299 including, but not limited to, rest areas, wayside parks, boat- 300 launching ramps, weigh stations, and scenic easements, to provide 301 for cable or video service over facilities purpooco within a 302 geographic area subject to a valid existing franchise for cable 303 or video service, unless the cable or video service provider 304 oyotem using such right-of-way holds a franchise from a franchise 305 authority the municip.:tli ty or county for the area in which the 306 right-of-way is located. 307 (3) A violation of this section shall be deemed a violation 308 of s. 337.406. 309 Section 6. Sections 610.102, 610.103, 610.104, 610.105, 310 610.106, 610.107, 610.108, 610.109, 610.112, 610.113, 610.114, 311 610.115, 610.116, and 610.117, Florida Statutes, are created to 312 read: 313 610.102 Department of State authority to issue statewide 314 cable and video franchise.--The department shall be designated as 315 the franchising authority for a state-issued franchise for the 316 provision of cable or video service. A municipality or county may 317 not grant a new franchise for the provision of cable or video 318 service within its jurisdiction. 319 610.103 Definitions.--As used in ss. 610.102-610.116: Page 11 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F Agenda Item No. 16A6 R E PRE S E N T AM~chI27l/20\;t7 S Pag~ 18" of 36 HB 529 (Corrected Copy) 2007 320 (1) "Cable service" means: 321 (a) The one-way transmission to subscribers of video 322 programming or any other programming service. 323 (b) Subscriber interaction, if any, that is required for 324 the selection of such video programming or other programming 325 service. 326 (2) "Cable service provider" means a person that provides 327 cable service over a cable system. 328 (3) "Cable system" means a facility consisting of a set of 329 closed transmission paths and associated signal generation, 330 reception, and control equipment that is designed to provide 331 cable service that includes video programming and that is 332 provided to multiple subscribers within "a community, but such 333 term does not include: 334 (a) A facility that serves only to retransmit the 335 television signals of one or more television broadcast stations; 336 (b) A facility that serves only subscribers in one or more 337 multiple-unit dwellings under common ownership, control, or 338 management, unless such facility or facilities use any public 339 right-of-way; 340 (c) A facility that serves subscribers without using any 341 public right-of-way; 342 (d) A facility of a common carrier that is subject, in 343 whole or in part, to the provisions of 47 U.S.C. s. 201 et seq., 344 except that the specific bandwidths or wavelengths over such 345 facility shall be considered a cable system only to the extent 346 such bandwidths or wavelengths are used in the transmission of 347 video programming directly to subscribers, unless the extent of 348 such use is solely to provide interactive on-demand services, in Page 12 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 F LOR D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A Mevch,27.i120lt7 S Page 2u of ~ HB 529 (Corrected Copy) 2007 349 which case it is not a cable system; or 350 (e) Any facilities of any electric utility used solely for 351 operating its electric utility systems. 352 (4) "certificateholder" means a cable or video service 353 provider that has been issued and holds a certificate of 354 franchise authority from the department. 3 55 (5) "Department" means the Department of State. 356 (6) "Franchise" means an initial authorization or renewal 357 of an authorization, regardless of whether the authorization is 358 designated as a franchise, permit, license, resolution, contract, 359 certificate, agreement, or otherwise, to construct and operate a 360 cable system or video service provider network facilities in the 361 public right-of-way. 362 (7) "Franchise authority" means any governmental entity 363 empowered by federal, state, or local law to grant a franchise. 3 64 (8)" Incumbent cable service provider" means the cable 365 service provider serving the largest number of cable subscribers 366 in a particular municipal or county franchise area on July 1, 367 2007. 368 369 (9) "Public right-of-way" means the area on, below, above a public roadway, highway, street, sidewalk, alley, or or 370 waterway, including, without limitation, a municipal, county, 371 state, district, or other public roadway, highway, street, 372 sidewalk, alley, or waterway. 373 (10) "Video programming" means programming provided by, or 374 generally considered comparable to programming provided by, a 375 television broadcast station as set forth in 47 U.S.c. s. 376 377 522(20). (11) "Video service" means video programming services Page 13 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 U S E o F R E PRE Agenda Item No. 16A6 S E N T A MovchI27)j20Q:7 S Page 21 of ~6 HB 529 (Corrected Copy) 2007 378 provided through wireline facilities located at least in part in 379 the public rights-of-way without regard to delivery technology, 380 including Internet protocol technology. This definition does not 381 include any video programming provided by a commercial mobile 382 service provider as defined in 47 U.S.C. s. 332(d), video 383 programming provided via a cable service or video programming 384 provided as part of, and via, a service that enables end users to 385 access content, information, electronic mail, or other services 386 offered over the Internet. 387 (12) "Video service provider" means a video programming 388 distributor that distributes video programming services through 389 wireline facilities located at least in part in the public 390 rights-of-way without regard to delivery technology. This term 391 does not include a cable service provider. 392 610.104 State authorization to provide cable or video 393 service.-- 394 (1) An entity or person seeking to provide cable or video 395 service in this state after July 1, 2007, shall file an 396 application for a state-issued certificate of franchise authority 397 with the department as required by this section. An entity or 398 person providing cable or video service under an unexpired 399 franchise agreement with a municipality or county as of July 1, 400 2007, is not subject to this subsection with respect to providing 401 service in such municipality or county until the franchise 402 agreement expires, except as provided by subsection (2) and s. 403 610.105(4). An entity or person providing cable or video service 404 may seek authorization from the department to provide service in 405 areas where the entity or person currently does not have an 406 existing franchise agreement as of July 1, 2007. Page 14 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M"tfchI27.i/20~7 S Page 2L" of !6 HB 529 (Corrected Copy) 2007 407 (2) Beginning July 1, 2007, a cable or video service 408 provider that is not an incumbent cable or video service provider 409 and provides cable or video service to less than 40 percent of 410 the total cable and video service subscribers in a particular 411 franchise area may elect to terminate an existing municipal or 412 county franchise and seek a state-issued certificate of franchise 413 authority by providing written notice to the Secretary of State 414 and the affected municipality or county after July 1, 2007. The 415 municipal or county franchise is terminated under this subsection 416 on the date the department issues the state-issued certificate of 417 franchise authority. 418 (3) Before the lOth business day after an applicant submits 419 the affidavit, the department shall notify the applicant for a 420 state-issued certificate of franchise authority whether the 421 applicant's affidavit described by subsection (4) is complete. If 422 the department denies the application, the department must 423 specify with particularity the reasons for the denial and permit 424 the applicant to amend the application to cure any deficiency. 425 The department shall act upon such amended application within 5 426 business days. 427 (4) The department shall issue a certificate of franchise 428 authority to offer cable or video service before the 15th 429 business day after receipt of a completed affidavit submitted by 430 an applicant and signed by an officer or general partner of the 431 applicant affirming: 432 (a) That the applicant has filed or will timely file with 433 the Federal Communications Commission all forms required by that 434 agency in advance of offering cable or video service in this 435 state; Page 15 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A MerrchI27.v20~7 S Page 23 of ~ H8 529 (Corrected Copy) 2007 436 (b) That the applicant agrees to comply with all applicable 437 federal and state laws and regulations, to the extent that such 438 state laws and rules are not in conflict with or superseded by 439 the provisions of this chapter or other applicable state law; 440 (c) That the applicant agrees to comply with all lawful 441 state laws and rules and municipal and county ordinances and 442 regulations regarding the placement and maintenance of 443 communications facilities in the public rights-of-way that are 444 generally applicable to providers of communications services in 445 accordance with s. 337.401; 446 (d) A description of the service area for which the 447 applicant seeks the certificate of franchise authority, which 448 need not be coextensive with municipal, county, or other 449 political boundaries; 450 (e) The location of the applicant's principal place of 451 business and the names of the applicant's principal executive 452 officers; and 453 (f) That the applicant will file with the department a 454 notice of commencement of service within 5 days after first 455 providing service in each service area described in paragraph 456 (d) . 457 (5) If the department fails to act on the application 458 within 30 business days after receiving the application, the 459 application shall be deemed approved by the department without 460 further action. 461 (6) The certificate of franchise authority issued by the 462 department shall contain: 463 (a) A grant of authority to provide cable or video service 464 as requested in the application. Page 16 of 29 CODING: Words stricken are deletions; words underlined are additions, hb0529-00 F LOR D A H 0 U S E o F R E PRE S E Agenda Item No. 16A6 N T A MO/fchI27v20\i7 S Page 24"' of 36 H8529 (Corrected Copy) 2007 465 (b) A grant of authority to construct, maintain, and 466 operate facilities through, upon, over, and under any public 467 right-of-way or waters. 468 (c) A statement that the grant of authority is subject to 469 lawful operation of the cable or video service by the applicant 470 or its successor in interest. 471 (7) A certificateholder that seeks to include additional 472 service areas in its current certificate shall file notice with 473 the department that reflects the new service area or areas to be 474 served and shall file with the department a notice of 475 commencement of service within 5 days after first providing 476 service in each such additional area. 477 (8) The certificate of franchise authority issued by the 478 department is fully transferable to any successor in interest to 479 the applicant to which the certificate is initially granted. A 480 notice of transfer shall be filed with the department and the 481 relevant municipality or county within 14 business days following 482 the completion of such transfer. 483 (9) The certificate of franchise authority issued by the 484 department may be terminated by the cable or video service 485 provider by submitting notice to the department. 486 (10) An applicant may challenge a denial of an application 487 by the department in a court of competent jurisdiction through a 488 petition for mandamus. 489 (11) The department shall adopt any procedural rules 490 pursuant to ss. 120.536(1) and 120.54 necessary to implement this 491 section. 492 (12) The department may establish a standard application 493 form, in which case the application shall be on such form and Page 17 of 29 CODING: Words stricken are deletions; words underlined are additions, hb0529-00 FLORIDA H 0 U S E o F R E PRE S E Agenda Item No. 16A6 N T A M;;y-chI271/20~7 S Page 2tl of ~ HB 529 (Corrected Copy) 2007 494 must be accompanied by a fee established by the department, not 495 to exceed $150. 496 610.105 Eligibility for state-issued franchise.-- 497 (1) Except as provided in s. 610.104(1) and (2) and 498 subsection (4), an incumbent cable service provider that has an 499 existing, unexpired franchise to provide cable service with 500 respect to a municipality or county as of July 1, 2007, is not 501 eligible to apply for a state-issued certificate of franchise 502 authority under this chapter as to that municipality or county 503 until the expiration date of the existing franchise agreement. 504 (2) For purposes of this section, an incumbent cable 505 service provider will be deemed to have or have had a franchise 506 to provide cable service in a specific municipality or county if 507 any affiliate or successor entity of the cable service provider 508 has or had an unexpired franchise agreement granted by that 509 specific municipality or county as of July 1, 2007. 510 (3) The term "affiliate or successor entity" in this 511 section refers to an entity receiving, obtaining, or operating 512 under a franchise that directly or indirectly owns or controls, 513 is owned or controlled by, or is under common ownership or 514 control with the cable service provider. 515 (4) Notwithstanding subsection (1), an incumbent cable 516 service provider may elect to terminate an existing municipal or 517 county franchise and apply for a state-issued certificate of 518 franchise authority with respect to such municipality or county 519 if another cable or video service provider has been granted a 520 state-issued certificate of franchise authority for a service 521 area located in whole or in part within the service area covered 522 by the existing municipal or county franchise and such Page 18 of 29 CODING: Words strickon are deletions; words underlined are additions, hb0529-00 F LOR D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A Metrch,2711201t7 S Page 20 of 36 H8 529 (Corrected Copy) 2007 523 certificateholder has commenced providing service in such area. 524 The incumbent cable service provider shall provide at the time of 525 filing its application for a state-issued certificate of 526 franchise authority written notice of its intent to terminate its 527 existing franchise under this subsection to the department and to 528 the affected municipality or county. The municipal or county 529 franchise shall be terminated under this section on the date the 530 department issues to the incumbent cable service provider the 531 state-issued certificate of franchise authority to provide 532 service in such municipality or county franchise area to the 533 incumbent cable service provider. 534 610.106 Franchise fee prohibited.--The department may not 535 impose any taxes, fees, charges, or other impositions on a cable 536 or video service provider as a condition for the issuance of a 537 state-issued certificate of franchise authority. No municipality 538 or county may impose any taxes, fees, charges, or other exactions 539 on certificateholders in connection with use of public right-of- 540 way as a condition of a certificateholder doing business in the 541 municipality or county, or otherwise, except such taxes, fees, 542 charges, or other exactions permitted by chapter 202 and s. 543 337.401 (6) . 544 610.107 Buildout.--No franchising authority, state agency, 545 or political subdivision may lmpose any buildout, system 546 construction, or service deployment requirements on a 547 certificateholder. 548 610.108 Customer service standards.-- 549 (1) An incumbent cable service provider shall comply with 550 customer service requirements reasonably comparable to the 551 standards in 47 c.F.R. s. 76.309(c) until there are two or more Page 19 of 29 CODING: Words strickon are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F Agenda Item No. 16A6 R E PRE S E N T A M",,"chI27.il20~7 S Page 2r of!6 H8 529 (Corrected Copy) 2007 552 providers offering service, excluding direct-to-home satellite 553 service, in the incumbent service provider's relevant service 554 area. 555 (2) Beginning on July 1, 2009, for all providers of cable 556 service in municipalities and counties that, as of January 1, 557 2007, have an office or department dedicated to responding to 558 cable service quality complaints, all such complaints shall be 559 handled on and after July 1, 2009, by the Department of 560 Agriculture and Consumer Services. Until that time, cable service 561 quality complaints shall continue to be handled by the 562 municipality or county. This provision shall not be construed to 563 permit the municipality or county to impose customer service 564 standards in conflict with this section. 565 (3) The Department of Agriculture and Consumer Services 566 shall receive service quality complaints from customers of a 567 certificateholder and shall address such complaints in an 568 expeditious manner by assisting in the resolution of such 569 complaint between the complainant and the certificateholder. The 570 Department of Agriculture and Consumer Services shall adopt any 571 procedural rules pursuant to ss. 120.536(1) and 120.54 necessary 572 to implement this section. 573 610.109 Public, educational, and governmental access 574 channels.-- 575 (1) A certificateholder, not later than 12 months following 576 a request by a municipality or county within whose jurisdiction 577 the certificateholder is providing cable or video service, shall 578 designate a sufficient amount of capacity on its network to allow 579 the provision of public, educational, and governmental access 580 channels for noncommercial programming as set forth in this Page 20 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F R E Agenda Item No. 16A6 PRE S E N T A M'lfchI27..i120Q~ S Page 2/5 of 30 HB 529 (Corrected Copy) 2007 581 section, except that a holder of a state-issued certificate of 582 authority granted pursuant to s. 610.105 shall be required to 583 satisfy the public, educational, and government access channel 584 capacity obligations specified in this section upon issuance of 585 such certificate for any service area covered by such certificate 586 that is located within the service area that was covered by the 587 cable provider's terminated franchise. 588 (2) A certificateholder shall designate a sufficient amount 589 of capacity on its network to allow the provision of a comparable 590 number of public, educational, and governmental access channels 591 or capacity equivalent that a municipality or county has 592 activated under the incumbent cable service provider's franchise 593 agreement as of July 1, 2007. For the purposes of this section, a 594 public, educational, or governmental channel is deemed activated 595 if the channel is being used for public, educational, or 596 governmental programming within the municipality for at least 10 597 hours per day. 598 (3) If a municipality or county did not have public, 599 educational, or governmental access channels activated under the 600 incumbent cable service provider's franchise agreement as of July 601 1, 2007, not later than 12 months following a request by the 602 municipality or county within whose jurisdiction a 603 certificateholder is providing cable or video service, the cable 604 or video service provider shall furnish: 605 (a) Up to three public, educational, or governmental 606 channels or capacity equivalent for a municipality or county with 607 a population of at least 50,000. 608 (b) Up to two public, educational, or governmental channels 609 or capacity equivalent for a municipality or county with a Page 21 of 29 CODING: Words stricken are deletions; words underlined are additions, hb0529-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M<trch,271120Q:7 S Page 2Y of ~ HB 529 (Corrected Copy) 2007 610 population of less than 50,000. 611 (4) Any public, educational, or governmental channel 612 provided pursuant to this section that is not used by the 613 municipality or county for at least 10 hours a day shall no 614 longer be made available to the municipality or county but may be 615 programmed at the cable or video service provider's discretion. 616 At such time as the municipality or county can certify to the 617 cable or video service provider a schedule for at least lO hours 618 of daily programming, the cable or video service provider shall 619 restore the previously lost channel but shall be under no 620 obligation to carry that channel on a basic or analog tier. 621 (5) If a municipality or county has not used the number of 622 access channels or capacity equivalent permitted by subsection 623 (3), access to the additional channels or capacity equivalent 624 allowed in subsection (3) shall be provided upon 12 month's 625 written notice if the municipality or county meets the following 626 standard: if a municipality or county has one active public, 627 educational, or governmental channel and wishes to activate an 628 additional public, educational, or governmental channel, the 629 initial channel shall be considered to be substantially used when 630 12 hours are programmed on that channel each calendar day. In 631 addition, at least 40 percent of the 12 hours of programming for 632 each business day on average over each calendar quarter must be 633 nonrepeat programming. Nonrepeat programming shall include the 634 first three videocastings of a program. If a municipality or 635 county is entitled to three public, educational, or governmental 636 channels under subsection (3) and has in service two active 637 public, educational, or governmental channels, each of the two 638 active channels shall be considered to be substantially used when Page 22 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M"VchI271120~7 S Pago 3u of 36 HB 529 (Corrected Copy) 2007 639 12 hours are programmed on each channel each calendar day and at 640 least 50 percent of the 12 hours of programming for each business 641 day on average over each calendar quarter is nonrepeat 642 programming for three consecutive calendar quarters. 643 (6) The operation of any public, educational, or 644 governmental access channel or capacity equivalent provided under 645 this section shall be the responsibility of the municipality or 646 county receiving the benefit of such channel or capacity 647 equivalent, and a certificateholder bears only the responsibility 648 for the transmission of such channel content. A certificateholder 649 shall be responsible for providing the connectivity to each 650 public, educational, or governmental access channel distribution 651 point up to the first 200 feet from the certificateholder's 652 activated cable or video transmission system. 653 (7) The municipality or county shall ensure that all 654 transmissions, content, or programming to be transmitted over a 655 channel or facility by a certificateholder are provided or 656 submitted to the cable or video service provider in a manner or 657 form that is capable of being accepted and transmitted by a 658 provider without any requirement for additional alteration or 659 change in the content by the provider, over the particular 660 network of the cable or video service provider, which is 661 compatible with the technology or protocol used by the cable or 662 video service provider to deliver services. The provision of 663 public, educational, or governmental content to the provider 664 constitutes authorization for the provider to carry such content, 665 including, at the provider's option, authorization to carry the 666 content beyond the jurisdictional boundaries of the municipality 667 or county. Page 23 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 F LOR D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M"tfch127y20kt7 S Pag~ 31 of 36 H8529 (Corrected Copy) 2007 668 (8) Where technically feasible, a certificateholder and an 669 incumbent cable service provider shall use reasonable efforts to 670 interconnect their networks for the purpose of providing public, 671 educational, and governmental programming. Interconnection may be 672 accomplished by direct cable, microwave link, satellite, or other 673 reasonable method of connection. certificateholders and incumbent 674 cable service providers shall negotiate in good faith and 675 incumbent cable service providers may not withhold 676 interconnection of public, educational, and governmental 677 channels. 678 (9) A certificateholder is not required to interconnect 679 for, or otherwise to transmit, public, educational, and 680 governmental content that is branded with the logo, name, or 681 other identifying marks of another cable or video service 682 provider, and a municipality or county may require a cable or 683 video service provider to remove its logo, name, or other 684 identifying marks from public, educational, and governmental 685 content that is to be made available to another provider. 686 (10) A court of competent jurisdiction shall have exclusive 687 jurisdiction to enforce any requirement under this section. 688 610.112 Nondiscrimination by municipality or county.-- 689 (1) A municipality or county shall allow a 690 certificateholder to install, construct, and maintain a network 691 within a public right-of-way and shall provide a 692 certificateholder with open, comparable, nondiscriminatory, and 693 competitively neutral access to the public right-of-way in 694 accordance with the provisions of s. 337.401. All use of a public 695 right-of-way by a certificateholder is nonexclusive. 696 (2) A municipality or county may not discriminate against a Page 24 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A Metrch1271120~7 S Page 3::: of ~6 H8529 (Corrected Copy) 2007 697 certificateholder regarding: 698 (a) The authorization or placement of a network in a public 699 right-of-way; 700 (b) Access to a building or other property; or 701 (c) Utility pole attachment terms. 702 610.113 Limitation on local authority.-- 703 (1) A municipality or county may not impose additional 704 requirements on a certificateholder, including, but not limited 705 to, financial, operational, and administrative requirements, 706 except as expressly permitted by this chapter. A municipality or 707 county may not impose on activities of a certificateholder a 708 requirement: 709 (a) That particular business offices be located in the 710 municipality or county; 711 (b) Regarding the filing of reports and documents with the 712 municipality or county that are not required by state or federal 713 law and that are not related to the use of the public right-of- 714 way. Reports and documents other than schematics indicating the 715 location of facilities for a specific site that are provided in 716 the normal course of the municipality's or county's permitting 717 process, that are authorized by s. 337.401 for communications 718 services providers, or that are otherwise required in the normal 719 course of such permitting process shall not be considered related 720 to the use of the public right-of-way for communications service 721 providers. A municipality or county may not request information 722 concerning the capacity or technical configuration of a 723 certificateholder's facilities; 724 (c) For the inspection of a certificateholder's business 725 records; or Page 25 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 F L 0 R.I D A H 0 USE o F Agenda Item No. 16A6 R E PRE S E N T A M;;y-chI27.)f20[t7 S Page 30 of :30 HB 529 (Corrected Copy) 2007 726 (d) For the approval of transfers of ownership or control 727 of a certificateholder's business, except that a municipality or 728 county may require a certificateholder to provide notice of a 729 transfer within a reasonable time. 730 (2) Notwithstanding any other provision of law, a 731 municipality or county may require the issuance of a permit in 732 accordance with and subject to s. 337.401 to a certificateholder 733 that is placing and maintaining facilities in or on a public 734 right-of-way in the municipality or county. In accordance with s. 735 337.402, the permit may require the permitholder to be 736 responsible, at the permitholder's expense, for any damage 737 resulting from the issuance of such permit and for restoring the 738 public right-of-way to a substantially similar condition to that 739 of the public right-of-way before installation of such 740 facilities. The terms of the permit shall be consistent with 741 construction permits issued to other providers of communications 742 services placing or maintaining communications facilities in a 743 public right-of-way. 744 610.114 Discrimination prohibited.-- 745 (1) The purpose of this section is to prevent 746 discrimination among potential residential subscribers. (2) Pursuant to 47 U.S.C. s. 541(a) (3), a certificateholder 747 748 may not deny access to service to any group of potential 749 residential subscribers because of the income of the residents in 750 the local area in which such group resides. 751 (3) An affected person may seek enforcement of subsection 752 (2) by initiating a proceeding with the Department of Agriculture 753 and Consumer Services pursuant to s. 570.544. 754 (4) For purposes of determining whether a certificateholder Page 26 of 29 CODING: Words stricken are deletions; words underlined are additions, hb0529-00 F LOR I D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M"Vch127\/20~7 S Page 34' of 36 H8529 (Corrected Copy) 2007 755 has violated subsection (2), cost, density, distance, and 756 technological or commercial limitations shall be taken into 757 account. Use of an alternative technology that provides 758 comparable content, service, and functionality may not be 759 considered a violation of subsection (2). The inability to serve 760 an end user because a certificateholder is prohibited from 761 placing its own facilities in a building or property is not a 762 violation of subsection (2). This section may not be construed to 763 authorize any buildout requirements on a certificateholder. 764 (5) The Department of Agriculture and Consumer Services 765 shall adopt any procedural rules pursuant to ss. 120.536(1) and 766 120.54 necessary to implement this section. 767 610.115 Compliance.--If a certificateholder is found by a 768 court of competent jurisdiction not to be in compliance with the 769 requirements of this chapter, the certificateholder shall have a 770 reasonable period of time, as specified by the court, to cure 771 such noncompliance. 772 610.116 Reports to the Legislature.--The Office of Program 773 Policy Analysis and Government Accountability shall submit to the 774 President of the Senate, the Speaker of the House of 775 Representatives, and the majority and minority leaders of the 776 Senate and House of Representatives, by December 1, 2009, a 777 report on the status of competition in the cable and video 778 service industry, including, by each municipality and county, the 779 number of cable and video service providers, the number of cable 780 and video subscribers served, the number of areas served by fewer 781 than two cable or video service providers, the trend in cable and 782 video service prices, and the identification of any patterns of 783 service as they impact demographic and income groups. Page 27 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F Agenda Item No. 16A6 R E PRE S E N T A M.,.chI271j20Q7 S Page 3b" of 36 HB 529 (Corrected Copy) 2007 784 610.117 Severability.--If any provision of ss. 610.102- 785 610.116 or the application thereof to any person or circumstance 786 is held invalid, such invalidity shall not affect other 787 provisions or application of ss. 610.102-610.116 that can be 788 given effect without the invalid provision or application, and to 789 this end the provisions of ss. 610.102-610.116 are severable. 790 Section 7. Section 166.046, Florida Statutes, is repealed. 791 Section 8. Paragraph (a) of subsection (3) of section 792 350.81, Florida Statutes, is amended to read: 793 350.81 Communications services offered by governmental 794 entities.-- 795 (3) (a) A governmental entity that provides a cable service 796 shall comply with the Cable Communications Policy Act of 1984, 47 797 U.S.c. ss. 521 et seq., the regulations issued by the Federal 798 Communications Commission under the Cable Communications Policy 799 Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state 800 and federal rules and regulations, including, but not limited to, 801 o. 166.016 ~nd those provisions of chapters 202, 212, a&e 337~ 802 and 610 that '"hich apply to a provider of the services. 803 Section 9. Section 364.0361, Florida Statutes, is amended 804 to read: 805 364.0361 Local government authority; nondiscriminatory 806 exercise.--A local government shall treat each telecommunications 807 company in a nondiscriminatory manner when exercising its 808 authority to grant franchises to a telecommunications company or 809 to otherwise establish conditions or compensation for the use of 810 rights-of-way or other public property by a telecommunications 811 company. A local government may not directly or indirectly 812 regulate the terms and conditions, including, but not limited to, Page 28 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 FLORIDA H 0 USE o F Agenda Item No. 16A6 R E PRE S E N T AM~chI27i120Q7 S Page 30 of 3-6 HB 529 (Corrected Copy) 2007 813 the operating systems, qualifications, services, service quality, 814 service territory, and prices, applicable to or in connection 815 with the provision of any voice-over-Internet protocol, 816 regardless of the platform, provider, or protocol, broadband or 817 information service. This section does not relieve a provider 818 from any obligations under o. 166.016 or s. 337.401. 819 Section 10. This act shall take effect upon becoming a law. Page 29 of 29 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 - -- Agenda Item No. 1681 March 27,2007 Page 1 of 13 EXECUTIVE SUMMARY Approve the purchase of 5.15 acres of unimproved property (Parcel No. 206) which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $569,784.50) OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase unimproved property which is required for the construction of a stormwater retention and treatment pond associated with the Oil Well Road widening project. CONSIDERA TIONS: On April 25, 2006 the Board of County Commissioners approved Resolution No. 2006-107 authorizing the acquisition by gift or purchase of property required for the construction of roadway, drainage and utility improvements to Oil Well Road (Project No. 60044) between Immokalee Road and Camp Keais Road. The subject property (Parcel No. 206) contains 5.15 acres and is required for the construction of a stormwater retention and treatment pond associated with the roadway improvements. Since the purchase price negotiated by staff with the record title holders, Leonard and Dorothy Milchuk, was in excess of $100,000, an independent real estate appraisal estimating the market value of the property was obtained in accordance with the requirements of Section 125.355, Florida Statutes. The appraiser's estimate of the market value of the property ($530,000.00) is based upon a unit value of $103,000.00 per acre. The sale price of $566,500.00 to which the property owner agreed, is based upon a unit value of $110,000 per acre. This unit value is well within the range of unit values derived from all of the 2006 comparable sale prices located within a five square mile area which comprises the project's "subject neighborhood." In all, 36 comparable sale properties were identified within this neighborhood with verified unit prices ranging from $43,000 per acre to $122,000 per acre. Three properties sold for between $43,000 and $48,250 per acre, and seven properties sold for between $100,900 and $122,000 per acre. The other 26 properties sold for between $50,900 per acre and $99,125 an acre. The only sale located directly on Oil Well Road itself, however, is the multi-parcel assemblage of over 22 acres at a unit price of$l13,OOO per acre in June 2006. In order to give the property owner the benefit of any doubt as to the value of the property, and in view of the cost savings to the County by avoiding condemnation, staff recommends that the Board approve the purchase of the subject property for $566,500.00. FISCAL IMPACT: Funds in the amount of $569,784.50 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $566.500.00 purchase price and $3,284.50 for the approximate cost of title insurance, closing fees and recording fees.) Source of Funds are Gas Taxes and Impact Fees. Agenda Item No. 16B 1 March 27, 2007 Page 2 of 13 GROWTH MANAGEMENT IMP ACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: Joan Smith, Property Acquisition Specialist, TECM Attachment: Purchase Agreement Item Number: Item Summary: Meeting Cate: Agenda Item No 16B1 March 27, 2007 Page 3 of 1 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1681 Recommendation to approve the purchase ot 5 15 acres of unimproved property (Parcel No 206) which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road Widening project Project No 60044 (Fiscal Impact $569,784 50) 3127/200790000 AM Property Acquisition Specialist Date Prepared By Joan Smith Administrative Services TECM.ROW 3/9/2007 1 :38:57 PM Date Approved By Gary Putaansuu Transportation Services Senior Project Manager Transportation Engineering and Construction 3/9/2007 3:23 PM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By Transportation Services TECM .ROW 3/9/20073:28 PM Michael Greene Date Approved By Transportation Services Project Manager Transportation Engineering & ConstnJction Management 3/12/20074:06 PM Director Date Approved By Najeh Ahmad Transportation Services Transportation Engineering & Construction Management 3/13/200710:27 AM Transportation Division Administrator Date Approved By Norm E. Feder, AICP Transportation Services Transportation ServIces Admin. 3/13120073:41 PM Accounting Supervisor Date Approved By Sharon Newman Transportatlon Services. Transportation Services Admin 3114/20079:57 AM ManagemenUBudget Analyst Date Approved By Lisa Taylor Transportation Services Transportation Administration 3/14/2007 12:50 PM Date Approved By Pat Lehnhard Transportation ServIces Executive Secretary Transportation Services Admin 3114120072:42 PM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3/1512007 7:46 AM Date Approved By Susan Usller County Manager's Office Senior Management/Budget Analyst Office of Mnnagement & Budget 3/16/20073:26 PM Michael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 3119/20078:42 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/21/20071 :15 PM Project: Oil Well Road Project #60044 Parcel: 206 Folio: 39950400006 Agenda Item No. 1681 March 27. 2007 Page 4 of 13 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into on this day of , 2007, by and between LEONARD C. MILCHUK, SR. and DOROTHY A MILCHUK, HIS WIFE, whose mailing address is 190 Emerson Road, Somerset, New Jersey 08873-1646 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A". attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be FIVE HUNDRED SIXTY SIX THOUSAND FIVE HUNDRED AND 00/100 ($566,500.00), (U.S. Currency) payable at time of closing. III CLOSING 3.01 The Closing (THE "CLOSING DATE". "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser but not later than JUNE 1, 2007, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. Agenda Item No. 1681 March 27, 2007 (b) Such other easements, restrictions or conditions of record. Page 5 of 13 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 A Closing Representative's Statement 3.0116 Such evidence of authority and capacity of Seller and its representatives to execute and deliver this agreement and all other docs required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company, 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 (below). and the Title Company is irrevocably committed to pay the Purchase Price to Seller' and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees, Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed, Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed. taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days. following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, Agreement For Sale And Purchase Page No.2 Agenda Item No. 16B 1 which obligations shall be paid at closing. If the title commitment contains March 27, 2007 exceptions that make the title unmarketable, Purchaser shall deliver to the Page 6 of 13 Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) pursuant to Section 125.355, Florida Statutes, and to determine the fair market value of the Property. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser may terminate this Agreement without penalty, by delivering to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"). to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose, 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6,03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and Agreement For Sale And Purchase Page NO.3 Agenda Item No. 16B 1 March 27, 2007 Page 7 of 13 conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $1,000.00 shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary, Agreement For Sale And Purchase Page No.4 Agenda Item No. 1681 10,013 The warranties set forth in this paragraph shall be true on the date of March 27,2007 this Agreement and as of the date of Closing. Purchaser's acceptance of a Page 8 of 13 deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management. leasing, employment. service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements. formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or Agreement For Sale And Purchase Page NO.5 Agenda Item No. 16B1 related to the Property which has not been disclosed to Purchaser in writingMarch 27,2007 prior to the effective date of this Agreement. Page 9 of 13 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1 986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense, XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile transmission with automated confirmation of transmittal or registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Transportation Engineering & Construction Management Attention: Kevin Hendricks, Manager Right-of-Way Acquisition Section 2885 South Horseshoe Drive Naples, Florida 34104 Telephone: (239) 213-5844 Fax: (239) 213-5885 With a copy to: Ellen T, Chadwell, Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 774-8400 Fax: (239) 774-0225 Agreement For Sale And Purchase Page No.6 Agenda Item No. 1661 March 27, 2007 Page 10 of 13 If to Seller: Mr. & Mrs. Leonard C, Milchuk, Sr. 190 Emerson Road Somerset, New Jersey 08873-1646 With a copy to: Mr. Scott Milchuk 1 Ivy Court Perrineville, N. J. 08535 Telephone : (732) 767-4126 Fax: (732) 635-0993 11.02 The addressees, addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such information only, unless and until such written notice is received, the last addressee and respective address and numbers stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12,01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, XIII. MISCELLANEOUS 13.01 Purchaser acknowledges that Seller will be selling the Property as part of a like-kind exchange under Section 1031 of the Internal Revenue Code and the regulations promulgated thereunder. Purchaser agrees to cooperate with Seller in completing such exchange and in that regard, Seller may assign its rights and obligations under this Agreement to Seller's intermediary in order to complete the exchange, provided that such assignment will not release Seller from its obligations under the Agreement. Such cooperation by Purchaser will not impose any additional obligations or expenses on Purchaser which are not reimbursed by Seller. 13.02 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.03 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.04 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.05 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.06 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. Agreement For Sale And Purchase Page NO.7 Agenda Item No. 16B1 13.07 No waiver of any provision of this Agreement shall be effective unless it is inMarch 27, 2007 writing signed by the party against whom it is asserted, and any waiver of any Page.11 of 13 provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.08 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.09 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, 13.10 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure. according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.11 This Agreement is governed and construed in accordance with the laws of the State of Florida. 13.12 This Agreement will be effective as of the date of Purchaser's execution of this Agreement. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence to this Agreement. [SIGNATURE PAGE FOllOWS] Agreement For Sale And Purchase Page NO.8 IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Agenda Item No. 1681 March 27, 2007 Page 12 of 13 Dated Project/Acquisition Approved by BCC: pursuant to Resolution No. 2006-107, dated April 25, 2006. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: JAMES COLETTA, Chairman AS TO SELLER: DATED: /'..:, ~~"/ l { j,,) \'1" 1 \. WITNESSES: /' /' "// ~ ..///./..../ . '/~ _....<;,:~, ...- <~" (/ <<' . ~ /" - . (Signature) BY: LEONARD C. MILCHUK, SR. 5. ",:T /1 /1//.. Lc /ft-";'\ (Printed Name) .. (Signature) (Printed Name) DATED: / WITNESSES: / BY;,.r-',. / ,. .:....; -. j; 1 j { DOROTHY A. MILCHUK >'-=~(, T-' ,.'~~/ /"iY. L:.. :'/ ;.-^ (Printed Name) (Signature) (Printed Name) Approved as to form and legal sufficiency: . , ( /'. ", Ellen T Chadwell Assistant County Attorney Agreement For Sale And Purchase Page NO.9 PROJECT NO. 60044 PROJECT PARCEL NO, 206 . Pr EXtBT - JIIgt--Lof .....L Agenda ItemlNo. 1681 Marc 27,2007 Pag 13 of 13 LEGAL DESCRIPTION (NOT A SURVEY) I ALL OF TRACT 5, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOf\ 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 5.15 ACRES, MORE OR LESS. COllier County Transportation Englneenng &. Cons\;ucllon Management Depanment 091271062:45 PM - Agenda Item No. 1682 March 27, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve an Access License between Collier County and South Florida Water Management District to allow access across County-owned property at no annual cost. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to enter into an Access License Coupled with an Interest Collier County to South Florida Water Management District (SFWMD) to allow general public access and vehicular parking on County-owned property to provide access to SFWMD's adjacent property. CONSIDERATIONS: On November 28, 1995, Agenda Item 8 B 1, the Board of County Commissioners approved an Executive Summary for the purchase of land that was to be used for mitigation purposes related to the Livingston Road construction project. The Executive Summary included a recommendation that the Board accept and approve the District's permit conditions that were required for the issuance of Permit Number 11-0 1359-S that pertained to the construction and operation of a surface water management system for Livingston Road. Special conditions of that permit required the County to transfer 436.69 acres to the District and the County would retain 43.234 acres for its own use. On May 23, 2000, under item 16 B 9, the Board of County Commissioners approved and executed a Statutory Deed to South Florida Water Management District ('District') for the conveyance of 436.69 acres to the District for the purpose of meeting environmental mitigation required for the Livingston Road Project, number 65041. The District acquired this property in fee from the County. More recently, the District has developed the 285.7 acres as a passive park open to the public. However, because of the location of the District's property, the District required use of a portion of the County-owned property for parking and a foot path for the public to access their boardwalk. The parking area and foot path total approximately 3.65 acres and is shown on the exhibit attached to the License. The attached Access License provides for a twenty year term of use with no monetary costs for use of the property since it is providing a public benefit. The License does not authorize the District to excavate, relocate or remove any material on the property, nor does it allow the installation of any utility facility or any permanent or semi-permanent improvements upon the property with the exception of the agreed upon parking area, information kiosk and portable restroom facility. The attached Access License has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. ,."_' Agenda Item No. 1682 March 27, 2007 Page 2 of 7 RECOMMENDATION: That the Board approves and authorizes its Chairman to execute the attached Access License Coupled with an Interest Collier County to South Florida Water Management District for the use stated above. Prepared By: Michael Dowling, Sr. Property Management Specialist, Real Estate Services, Department of Facilities Management Attachment: South Florida Water Management District License Item Number: Item Summary: Meeting Date: Agenda Item No. 1682 March 27, 2007 Page :1 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1682 Recommendation to approve an Access License between Collier County and South Florida Water Management District to allow access across County~owned property at no annual cost. 3/27/20079:00:00 AM Date Prepared By Michael H. Dowling Administrative Services Property Management Specialist Facilities Management 3/15120073:09:44 PM Date Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TECM-ROW 3115/2007 3:43 PM Date Approved By Toni A. Matt Administrative Services Real Property Supervisor Facilities Management 3115/20073:51 PM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin, 3/15/20074:12 PM Date Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 3115/20077:05 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 3116/20079:11 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 3121/20078:30 AM Date Approved By ..Ji!mes V, Mudd Board of County Commissioners County Manager County Manager's. Office 3/21/20079:30 AM Agenda Item No. 1682 March 27,2007 Page 4 of 7 ACCESS LICENSE COUPLED WITH AN INTEREST COLLIER COUNTY TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT This Access License Coupled with an Interest (the "License") is dated . 2007. By this License, the Board of County Commissioners of Collier County, Florida, on behalf of Collier County, a political subdivision of the State of Florida, ("Licensor") whose mailing address is 3301 East Tamiami Trail, Naples, Florida, 34112, hereby conveys the License to the South F;lorida Water Management District, a water management district created under Section 373.069, Floliida Statutes, whose mailing address is South Florida Water Management District, PO Box 24680, West Palm Beach, Florida 33416-4680 (Licensee"). Licensor, for and in consideration of the sum of one dollar ($1.00) and other valUable consideration received from Licensee to Licensor, receipt of which is hereby unconditionallY and irrevocably acknowledged, hereby conveys unto the Licensee, its successors and assigns, a non~exclusive road and maintenance access license coupled with an interest, to wit: See Exhibit "A" attached hereto. This property is in Section 8, Township 48 SoJth, Range 27 East, Collier County, Florida (the "Licensed Area"). The purpose of the License is to facilitate vehicular and pedestrian access by Licensee, its officers, employees, agents and contractors, and the general public to and from a parcel of property owned by Licensee, consisting of 285.7 acres, which parcel is shown on the attached Exhibit ~B" (the "Benefited Property"). This License does not authorize any excavation, relocation and/or the taking away of ahy materials, nor to install any utility facility, or any other permanent or semi-permanent improvements 01\ over or under any area with the exception of parking area improvements, an information kiosk and portable toilet facility. The duration of this License is twenty (20) years. This License is to accommodatt Licensee, but this License shall not ever unreasonably impede use of the underlying land or any other:property owned by Licensor. Therefore, this License can be terminated by Licensor if its Board of County Commission formally determines that the existence of this License and/or the licensed use ha:; then become and continues to be a significant impediment to the then existing use(s) of the Licensor's underlying property, including use of such access road by a third party in the event that the Licensor transfers title (or grants use) of the underlying property to a third party. In the event of termination by Licensor, the Licensor shall attempt in good faith to give as least 180 days advanced notice of such intent (to terminate) to the Licensee and/or to the then existing beneficiaries of this License. . Licensee, for itself, and its successors or assigns ofthe Licensed Area, agrees to maintain any improvements made upon the Licensed Area installed by Licensee, including the acceSs road to facilitate its full use as an access road (to and from the Benefited Property), without any cost to Licensor. Licensee, for itself and its successors and assigns of the Licensed Area, takes the Licensed Area and all of the other Licensor's property "as is" with all defects, if any, now existing or may hereafter exist for the entire duration of this License. Notwithstanding the foregoing, the amount expended by LiceJ1;ee under this License for each applicable fiscal year of this License is subject to Licensee's Goveming~Board budgetary appropriation for such expenditures.. If Benefited Property is sold or otherwise transferred by Licensee to a third party, or is leased to a third party, or use thereof is otherwise granted by Licensee to a third party, this License shaJI remain and continue to benefit the same, but shall remain subject to Licensor's reservation of its right to terminate this License, as stated above. i I Licensor may, at some time during the duration of this License, wish to share Licensee's parking area and boardwalk contained within the Licensed Area, for the good of the general public to a~cess Licensee's proposed nature walk to be located upon Licensor's adjacent property. If Licensor shtIl require joint use of the Licensed Area, Licensor shall notify Licensee of its desire to share the parking area and boardwalk, whereupon the parties hereto shall use their best efforts to reach an agreement outlining, in writing, each Agenda Item No. 16B2 March 27, 2007 Page 5 of 7 party's responsibilities for the shared use of Licensee's parking area and boardwalk lo~ted within the Licensed Area, such as, but not limited to, primary use of Licensed Area, hours of operation, maintenance and repair ofthe parking area and boardwalk. Y AS TO LICENSOR: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Deputy Clerk By: JAMES COLETTA, Chairman ACCEPT ANCE BY LICENSEE: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, A water management district created und~r Section 373.069, Florida Statutes. i f ArrEST: TWO WITNESSES BY L~~ #J:d&. ~fT~J:NAM~:.) 11 ~ --01~ l :~:~y l E Il, '-tilZw~ ~ WITNEsS {!-IH2JSTlAJE- ~-PC$20D Type rint Name --r; .4 tE)CTH<( Type/Print Name By: Thomas . Palmer, Assistant County Attorney Form approved by: ~ t-/~ ::J-:ll-o:/ Sou Flonda Water Management District Office of Counsel --~ t 2 Nr--r-- roO_ (000 T"""N(O ci r-- Q) ZN OJ ~C1l EoD... Q)"- _C1l -;;;:2: ""0 c Q) OJ <C .OOt . .1 ~nt:lS I -' I ~ . ig~~ ~~ l~~~~ l~ ~. ~u~~ a d~ i' 9gla ~~ , ~, Il'~ g 5 I ~~ ~ ~~ ~~ ~~ ~~ii'_ ~ '0 "0 ~E l!(~. : ~~ & ~I~~!~~i li:l~a 0" ~)~i.~Q i,i~~g l;)~~~~~~' :~~: ~ g~ Biir~ iLL~a~~. .d ! . ~~; ~ ~ t:: ~ ~ ~ ~~ ~ .. 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"'~ 16 '" ~ Silt'" .: ~ i ~ 5 '" ~ z f ~ ! i:i I _ y llq!qx~i[ _ " i Cj r a ii ~ f ~ ~ \I 0 i ~ ~cb i~ ~ '7'4- ~ -.( lC o , N Agenda Item NO.1 82 March 27, 2 07 Page 7 f 7 o z UJ Q UJ ..J --,.- ~~ 3(l. u..e ~~ al " ;; 0 ~ '" .. " ~ 1 (; "C m " ~ .. ~ ~ " ~ to ~ g C Q ;;; E (; ~ * "C .9 "- ~ -g ~ '">-- .. ~ ~ "" "0 ~~ E" .." .., ~_E ~~ e- i5~ ;; 0 ~~ ,Q~ ~ ,,~ ~:;- E ~ El! 8!'l ~ ~ .- " '"" ~= >- ~ ~ ~.E 0{ l- t .. " 0 j a: ~ " " 0 u 0 c.J ~ cJ iii [i 0{ " ~ t " " . - 0 a: .-- ~ c - " 0 0 u ~ "5 cJ u ~ 0 0 N '0 = '$=, .: '1: ~ .1. .w co = f- I--l co I--l I X w EXECUTIVE SUMMARY Agenda Item No. 1683 March 27, 2007 Page 1 of 13 Recommendation to approve an Access Easement Agreement (AEA) between Morande Enterprises, Inc. (Morande) and Collier County to provide for shared access and interconnection for properties located between Davis Boulevard and Radio Road. OBJECTIVE: To obtain BCC approval of the AEA to provide for shared access and interconnection for the properties located between Davis Boulevard and Radio Road. This agreement would be consistent with the overall goals and objectives of the Collier County Growth Management Plan (GMP) and as required in the Land Development Code (LDC). CONSIDERA TIONS: The County has recently acquired a property located between Radio Road and Davis Boulevard and Morande is the owner of an adjacent parcel located on the comer of Radio Road and Davis Boulevard. The properties are shown on the attached exhibit marked "Location Map". The County requires all developments to share access and interconnect to facilitate safe and efficient traffic circulation. Both parties are in the process of developing their respective sites and are coordinating their designs to comply with the requirement to share access and interconnect. This requirement has been adopted through ordinance 2006-63 in section 4.04.02 of the LDC. The attached agreement provides a mechanism to define the responsibilities of the individual parties and a process to implement the shared access and interconnection. The agreement provides for equal cost sharing in the design, permitting, construction, and maintenance of the right turn lane on Davis Boulevard and the access driveway. Morande will be fully responsible for the design, permitting and construction of the left turn lane on Davis Boulevard and a provision has also been added for equal cost sharing should the access point ever warrant signalization. The shared access will improve traffic circulation around the Davis Boulevard and Radio Road network and eliminate the need for an additional access point. FISCAL IMPACT: The agreement will reduce the off-site roadway improvements and fiscal impact to the development of the County and Morande properties. GROWTH MANAGEMENT: The AEA is consistent with the goals and objectives of the Transportation Element in the GMP and complies with the current LDC. RECOMMENDATION: That the Board of Commissioners approves the AEA to provide for shared access and interconnection for the properties located between Davis Boulevard and Radio Road, consistent with the overall goals and objectives of the Collier County Growth Management Plan (GMP) and as required in the Land Development Code (LDC). Prepared by: Nick Casalanguida, Planning Manager, Transportation Services Division ,'~-" Attachments: 1) Access Easement Agreement; 2) Location Map Item Number: Item Summary: Meeting Dale: Agenda Item No. 1683 March 27, 2007 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMM'SSIONERS 1683 Recommendation to approve an Access Easement Agreement (AEA,1 between Merande Enterpnses Inc. (Marande) and Collier County to provide for shared access and interconnection for properties located between Davis Boulevard and Radio Road 31271200790000 AM Project Manager Date Prepared By Nick Casalanguida Transportation Services Transportation Planning 3112120073:29:18 PM Ellen T. Chadwell Assistant County Attorney Date Approved By County Attorney County Attorney Office 3112120076:10 PM Approved By Norm E. Feder, Ale? Transportation Ser\fices Transportation Division Administrator Date Transportation Services Admin. 3/13120075:13 PM Sharon Newman Date App roved By Transportation Services Accounting Supervisor Transportation Services Admin 3113120075:33 PM App roved By Donald L. Scott Transportation Services Transportation Planning Director Date Transportation Planning 3114/20078:19 AM Pat Lehnhard Date App roved By Transportation Services Executive Secretary Transportation Services Admin 3115/2007 11 :04 AM App roved By OMB Coordinator County Manager's Office Administratlve ASsl5tant Date Office of Management & Budget 3116/20077:50 AM Mark Isackson Budget Analyst Date App roved By County Manager's Office Office of Management & Budget 3116/20075:45 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 3/191200711:18 AM County Manager Date App roved By James V. Mudd Board of County Commissioners County Manager's Office 3/21120071 :26 PM Agenda Item No. 1683 March 27. 2007 Page 3 of 13 This instrument was prepared without an opinion of title and after recording return to: Gregory L. Urbancic, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34 I 03 (239) 435-3535 Folio No.: 00399360008 (space above this line for recording data) ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT (this "Agreement") is made this _ day of _ , 2007, by and between COLLIER COUNTY, a political subdivision of the State of Florida whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112 (the "County") and MORANDE ENTERPRISES, INC., a Florida corporation, and its successors and assigns, whose address is 1717 Pine Ridge Road, Naples, Florida 34109 ("Morande"). WIT N E SSE T H: WHEREAS, the County is the owner of a certain parcel of land in Collier County, Florida, the legal description of which is set forth on Exhibit "A" attached hereto and made a part hereof ("County Property"); and WHEREAS, Morande is the owner of a certain parcel of land in Collier County, Florida, the legal description of which is set forth on Exhibit "B" attached hereto ("Morande Property"); and WHEREAS, the County Property and the Morande Property are adjacent properties and are uniquely situated between Davis Boulevard and Radio Road; and WHEREAS, this Ah'Teement is being entered into by the parties to provide for interconnection by the creation of a shared access point on Davis Boulevard, the location of which access point is on the County Property; and WHEREAS, the County desires to provide access rights over a portion of the County Property in favor of Morande and to define certain rights, obligations and responsibilities regarding the access rights provided. NOW, THEREFORE, in consideration of the sum of Ten and No/lOO Dollars ($10.00) and other valuable consideration paid by Grantee, the receipt and sufficiency whereof are hereby acknowledged, the County and Morande agree as follows: 1. reference. Recitals. The foregoing recitals are true and correct and are incorporated herein by this Easement Page 1 aflO Agenda Item No. 16B3 March 27,2007 Page 4 of 13 2. Access Easement. a. The County hereby grants to Morande, its heirs, successors, assigns, successors- in-title, employees, contractors, subcontractors, agents, invitees, customers, guests, and licensees, a non- exclusive easement over, upon, through and across a portion of the County Property generally described on Exhibit "c" attached hereto and made a part hereof (the "Easement Area") for the purpose of pedestrian and vehicular ingress and egress to and from the Morande Property, and which rights shall include the right to construct and maintain over, upon, through and across the Easement Area a roadway, sidewalks, curb cuts, and customary traffic signage as necessary to provide the aforementioned ingress and egress to the Morande Property. b. To the extent not inconsistent with the use and purposes set forth herein and all rights and privileges granted to Morande, County reserves unto itself, its successors and assigns, all perpetual rights and privileges which County has in and to the Easement Area, including without limitation, the right to use any access facilities now or hereinafter located upon the Easement Area. County, its successors, assigns and successors in title, agree not to build, construct or place, nor permit others to build, construct or place, any buildings or other structures or improvements within the Easement Area that interfere with the use by Morande of the Easement Area as described herein. The parties agree that the right to use the Easement Area for signage (other than customary traffic signage) is expressly reserved by County and such use shall not be construed as a structure or improvement that interferes with Morande's use. . 3. Shared Entrv Road. (a) Improvements. An entry road is currently located within the Easement Area which serves the County Property by providing access to and from Davis Boulevard ("Entry Road"). It is intended that this Entry Road will be ultimately used by the County Property and the Morande Property for shared access. It may be determined by Collier County during the nonnal course of site development plan review for either property that improvements to the Entry Road ("Entry Road Improvements") will be necessary because of the collective impacts of the intended uses of the County Property and the Morande Property. It is intended that the Entry Road Improvements would be those improvements necessary to meet applicable Collier County standards and to otherwise support shared access in a manner customary for Collier County. If the Entry Road Improvements have been completely installed by the County at the time of the site development plan ("SDP") application for initial development on the Morande Property, Morande will be responsible for paying fifty percent (50.0%) of the design and construction costs expended by the County for the Entry Road Improvements. In such a case, Morande shall pay its share of the design and construction costs to Collier County within thirty (30) days after SDP approval. If the Entry Road improvements have not been completed at the time of SDP submittal by Morande, Morande shall be responsible for constructing and installing the Entry Road Improvements and paying for one hundred percent (I 00%) of the design and construction costs for the Entry Road Improvements. In the event Morande undertakes construction of any Entry Road improvements, Morande agrees to indemnifY and hold the County harmless from and against any and all losses, fees, costs, damages, liabilities, judgments, penalties, actions, causes of action and claims, including, without limitation, attorneys' fees and court costs at trial and appellate levels, incurred or sustained by the County as a result of any willful misconduct or negligent act, error, or omission of Morande, its employees, agents, representatives which occurs with respect to the construction and installation of said Entry Road improvements. Easement Page 2 of 10 Agenda Item No. 1663 March 27. 2007 Page 5 of 13 (b) Maintenance. The Entry Road shall be maintained and repaired from time to time, which maintenance and repair shall be performed in accordance with all governmental permits and approvals. The County shall be responsible for such maintenance and repair, unless otherwise agreed by the owners of the County Property and the Morande Property in writing. The costs for any such maintenance or repair to the Entry Road shall be shared equally by the County and Morande. The County will provide Morande with a billing statement for its share of any maintenance costs for the Entry Road. Morande shall remit payment to the County within thirty (30) days of the receipt of any such maintenance bill. If any such bill is not paid within said thirty (30) days, then (a) the amount of all such bill shall constitute a lien on the Morande Property, unless and until paid; (b) the County may record a lien in the Public Records of Collier County, Florida against the Morande Property and bring legal action against the owner of the Morande Property for the subject maintenance costs; and (c) may, at the County's option, foreclose any such lien described above in the same manner as a mortgage lien on real property, and costs and reasonable attorney's fees of any such action by the County will be added to the amount of any such lien, and shall be recoverable in the event the County prevails in any such action. 4. Connection Drive. Morande shall be solely responsible for the design, permitting and construction of a connection driveway within the Easement Area ("Connection Drive") to connect the Entry Road into the access improvements on the Morande Property. The Connection Drive shall be designed, permitted and constructed in accordance with those requirements for pavings and internal access roads promulgated or adopted by the County. The location and design plans for the Connection Drive shall be approved by the County during the SDP process for the initial construction on the Morande Property. Morande shall be solely responsible for the maintenance and repair of the Connection Drive, which maintenance and repair shall be performed in accordance with all governmental permits and approvals. Morande agrees to indemnify and hold the County harmless from and against any and all losses, fees, costs, damages, liabilities, judgments, penalties, actions, causes of action and claims, including, without limitation, attorneys' fees and court costs at trial and appellate levels, incurred or sustained by the County as a result of any willful misconduct or negligent act, error, or omission of Morande, its employees, agents, representatives which occurs with respect to the construction, installation or maintenance of the Connection Drive. 5. Other Access Improvements. (a) Left-Turn Lane. Morande shall be solely responsible for the design, permitting and construction of an eastbound left-turn land on Davis Boulevard ("Turn Lane"), if such a turn lane is permitted by the Florida Department of Transportation at the time of the SDP application for initial construction on the Morande Property. (b) Traffic Signal. If the intersection of the Entry Road and Davis Boulevard warrants a traffic signal as detern1ined by the Florida Department of Transportation, and said signal is otherwise allowable per State and local requirements, either party may proceed with design of the signal, in which event the County and Morande shall each pay fifty percent (50.0%) of the design and construction of the traffic signal. In the event that the traffic signal has been installed by Collier County or is underway at the time of the SDP application for the initial improvements on the Morande Property, Morande shall pay its share of the design and construction costs to Collier County within thirty (30) days after SDP approval. If the Entry Road improvements have not been completed at the time of SDP submittal, Morande and the County shall, by separate agreement or agreed upon condition of the SDP approval, agree upon the manner of installation of the traffic signal, the timing for installation of the traffic signal, and the manner of reimbursement for said traffic signal. Easement Page 3 of 10 Agenda Item No. 1683 March 27, 2007 Page 6 of 13 (c) Right-Turn/Deceleration Lane. The County antIcIpates that a right-turn deceleration lane ("Right-Turn Lane") on Davis Boulevard will be required in connection with the shared use of the Entry Road. Both the County and Morande agree to donate compensating right-of-way on their respective properties adjacent to Davis Boulevard for the creation of the Right-Turn Lane. Morande shall provide such right-of-way at the time of the SDP approval unless sooner requested in writing by the County, in which case conveyance of said right-of-way shall occur within sixty (60) days of the County's request. The County and Morande shall each pay fifty percent (50.0%) of the design and construction of the Right-Turn Lane. In the event that the Right-Turn Lane has been installed by Collier County or is underway at the time of the SDP application for the initial improvements on the Morande Property, Morande shall pay its share of the design and construction costs to Collier County within thirty (30) days after SDP approval. If the Right-Turn Lane improvements have not been completed at the time of SDP submittal, Morande and the County shall, by separate agreement or agreed upon condition of the SDP approval, agree upon the manner of installation of the Right-Turn Lane, the timing for the installation of the Right-Turn Lane, and the manner for reimbursement for said Right-Turn Lane. 6. Easement Area Definition. The parties recognize that the Easement Area on Exhibit "c" is generally defined due to the uncertainty of the actual Entry Road Improvements and the final location of the Connection Drive as described herein. The parties intend that the Easement Area be ultimately reduced to the minimum width needed to encompass only those improvements for Entry Road and the Connection Drive within the area shown on Exhibit "C", and the balance ofthe Easement Area shall be relieved of the encumbrance of the easement described herein. At the time Morande submits for SDP approval, Morande shall submit a sketch and legal description of the Entry Road (including the Entry Road Improvements if determined necessary per Section 3) and the Connection Drive as approved pursuant to Section 4 above. The parties agree to record an amendment to this Agreement reducing the Easement Area according to those sketches approved by the County. The cost to prepare the amendment and revised sketch of the Easement Area shall be the sole responsibility of Morande. 7. Condition for Development Approval. The parties agree that Morande's compliance with the terms of this Agreement shall be included as a condition for future development approvals for the Morande Property, including SDP approval. As such, the County shall have the additional right, but not the obligation, to enforce compliance with this Agreement in the same manner as any other development condition. 8. Notices. Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier, facsimile transmission, or sent by registered or certified mail, return receipt requested, postage prepaid. Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile transmission, or delivery by overnight courier, or three (3) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. In the event of any notice via facsimile transmission, a hard copy shall be sent via regular mail on the day of such transmission. Any such transmission received after 5:00 p.m. Eastern Standard Time (or Daylight Savings Time, whichever then applicable) shall be deemed to have been given on the next following business day. 9. Governinl! Law / Venue. This Agreement shall be construed in accordance with Florida law (exclusive of choice of law rules). Venue for any action arising hereunder shall lie exclusively in Collier County, Florida. Easement Page 4 of 10 Agenda Item No. 1683 March 27, 2007 Page 7 of 13 10. Party Responsible. The owners of the Morande Property and the County Property shall only be liable for any violation of this Agreement during their respective periods of ownership, and in the event any action is brought for recovery of monetary damages for any breach hereof, the claimant shall look solely to the interest of the then owner of the property in breach for the recovery of such monetary damages. 11. No Third Party Beneficiarv. The provisions of this Agreement are for the exclusive benefit of the parties, their heirs, successors, grantees and assigns, except as otherwise provided herein, and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person. 12. Partial Invalidity. If any term or provision ofthis Agreement or the application thereof to any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 13. Modifications. Except as expressly provided herein, this Agreement may not be modified in any respect whatsoever or rescinded, in whole or in part, except by the consent of the owner(s) of the Morande Property and County Property, and then only by written instrument duly executed, acknowledged by all of said owners, and recorded in the Public Records of Collier County, Florida. 14. Covenants RunniDl! with Land. All of the provisions of this Agreement, including all of the benefits and burdens described herein, shall run with the Morande Property and the County Property and shall be binding upon said property and the successors in title to each of said properties. The rights and obligations in and to this Agreement are and shall be assignable to any and all successors in title to each of property, without the necessity of a formal assignment. However, should any party acquiring title to the Morande Property or County Property request a formal assignment, the parties hereto agree to cooperate in the approval and execution of any such assignment. 15. Inte2:ration. This Agreement embodies the entire understanding ofthe parties with respect to the subject matter herein, and the terms hereof control over and supersede all prior understandings. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party who signature appears thereon and all of which shall together constitute one and the same instrument. 17. Florida. Recordin2. This Agreement shall be recorded in the Public Records of Collier County, (Remainder of Page Intentionally Left Blank- Signatures Appear on Next Page) Easement Page 5 of ] 0 Agenda Item No. 1683 March 27,2007 Page 8 of 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: By: James Coletta, Chairman Dwight E. Brock, Clerk Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Easement Page 6 of 10 Agenda Item No. 16B3 March 27.2007 Page 9 of 13 Morande: MORANDE ENTERPRISES, INC., a Florida corporation By: James A. Morande, Jr., President Print Name: Print Name: ) ) ss. ) STATE OF COUNTY OF The foregoing instrument was acknowledged before me, this of 2007 by James A. Morande, Jr., as President of Morande Enterprises, Inc., a Florida corporation, on behalf of said corporation, who is ( ) personally known to me or ( ) has produced as evidence of identification. (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: S:\Gr(1!\C1ient Foldro\MornnddE,lst..'IJlefl1 AgrecITIcrll\Acn."is Ea.~t..'mrnl.{klt.: Easement Page 7 of 10 Agenda Item No. 1683 March 27, 2007 Page 10 of 13 EXHIBIT A (COUNTY PROPERTY) Being a portion of the NWl/4 of the NW1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida; and being more particularly described as follows: Commence at the Northwest comer of said Section 3, run thence N89054'20"E along the Northerly line of said Section 3, 440.57 feet; thence S 00005'40''E, 50.00 feet to the POINT OF BEGINNING, and also being in the Southerly right-of-way line of Radio Road (CR. 856); thence N89054'20"E along said Southerly right-of-way line, 380.65 feet; thence SOoo31'13"W, 1147.78 feet, to the Northerly right-of-way line of State Road 84, said Northerly right-of-way line being a curve to the Southwest, having a radius of 2939.79 feet, and whose chord bears S32055'16"W for 187.70 feet; thence along the arc of said curve 187.73 feet; thence N48009'02"W 357.67 feet; thence NOoo05'40"W 1066.00 feet to the POINT OF BEG INNING; LESS AND EXCEPT the following described parcel conveyed to Collier County for road right of way in O. R. Book 2443, Page 1016: A parcel of land lying in Section 3, Township 50 South, Range 26 East; Collier County, Florida, and being more particularly described as follows: Commencing at the Northwest Comer of said Section 3, thence N89053'12"E along the Northerly line of said Section 3 for a distance of 440.57 feet; thence leaving said Northerly line SOoo06'48"E for a distance of 50.00 feet to an intersection with the existing Southerly right-of-way line of Radio Road (C.R. 856) to the POINT OF BEGINNING of the herein described parcel of land; Thence N89053'12"E along said Southerly right-of-way line for a distance of 380.65 feet; thence leaving said Southerly line SOoo30'l 1 "W for a distance of 42.62 feet to a point of intersection with a non-tangent curve from which the radius point bears S 11 o09'05"W; thence Northwesterly along said curve, concave Southwesterly, having a radius of 914.64 feet, a central angle of 11 0 15'53" for an arc distance of 179.82 feet to a point of tangency; thence S89053'12"W for a distance of 201.52 feet; thence NOoo06'48"W for a distance of 25.00 feet to the POINT OF BEGINNING. Easement Page 8 of 10 Aqenda Item No. 16B3 - March 27. 2007 Page 11 of 13 EXHIBIT B '- (MORANDE PROPERTY) - _n ---- 'U""-L LA" UFFICE ~003 iii OR: 3495 PG: 2342 tti Description of part of Section 3, Township 50 South, Range 26 East, Collier County, Florida. All that part of Section 3, Township 50 South, Range 26 East Collier County, Florida, being more particularly descnbed as follows: COMMENCING at the northwest corner of said Section 3; Thence along the north line of said Section 3, North 89'53'12" East 821.76 feet; Thence leaving said line South 00'06'48" East 50.00 feet to a point on the south right-of-way line of Radio Road (C.R. 856, 100' Right-of-Way); Thence South 00'30'11" West 42.62 feet to a point on the westerly line of Right- of- Way as recorded in Official Record Book 2559, pages 1817 through 1819, Public Records of Collier County, Florida and the POINT OF BEGINNING of the parcel herein described; Thence along said line southeasterly, 580.39 feet along a non-tangential circular curve concave to the southwest, having a radius of914.64 feet, through a central angle of36'21 '27" and being subtended by a chord which bears South 60'40'11" East 570.71 feet to 11 point of compound curvature and a point o~ ~e of Right- of- W ay as recorded in Official Record Book 2829, pages 24 r~f4,. '~ecords of Collier County, Florida; Thence along said line s Iy, 105.49'1( hlfl a circular curve concave to the southwest, having a ra~ ]4.64 feet, through ~~ angle of 06'36'29" and being subtended by a chord fhigt~uth-3..9.:lJ13" Ea IO"S.43 feet; Thence South 35'52',58" ,East~eet to a point on the\lOrtherly right-of-way line of Davis Boulevard (S.R. 8t nit 0 -~; \\ 71~ \ Thence along said dne Sou w~t rl , ~ fe~ a!~n .~ non-tangential circular curve concave to the sout~e~~g it f 2~ t) through a central angJe of 03'1.2'23" andbeing~~ded by a chord wlu~~be*S ~"""{5I'Ol'35" West 164.49 feet to a pomt of compound c~e; -1,"\: /. 0 Thence continue along ~~-r~e. southwester1Y'~~ \fe t along a circular cur:ve concave to the southeast, havmg a ~':of-2~{h!o gh a central angle of 14 43'12" and being subtended by a chord ~ic!?~ ~,tit / . '3D" West 753.20 feet; Thence leaving said line North 00'-3D'64"~r 1105,16 feet to a point on the westerly line ofRight-of-Wayasrecorded in Official Record Book2559, pages 1817 through 1819, Public Records of Collier County, Florida and the POINT OF BEGlNNING of the parcel herein described; L:\FLUs\ooI\O 11.14.1 \kpZ.da. ..-pd Easement Page 9 of 10 Agenda Item No. 1683 March 27, 2007 Page 12 of 13 EXHIBIT C (EASEMENT AREA) . PROJECT NO.D6PHXD65 - "COMPASS POINTE" SKETCH & DESCRIPTION - Ingress/Egress Easement Area LEGALDESCRIPTlON ct:/MI.MiNCIN(lAT7HlENORT1fI.IfUTCORNMOP BlICTJON.t, 7DKMNll"SDBOUrH. RANGE_A4ST ct:UJER COUNTY. R.ORJIJA.. THI!NCE NONS fflE NORTH LINE (F &IIlD IlECTJON 3- NORTHW6I'1TENlTD1.7SRiET: THI!NCI! UAVlNGMIO~ MJUTHOD'OtNI"SUT 41DO IW!rTOA POifITCN 7HlfBOUTHRKJHro/JF..WAY lMIOFIMQIQItQ4D(CJt... 1DD'NGHT~Yr, THINCE BOUTHWUD'1''"MDT 4ft1 NiET1DA PONf ONTHIl MG1I'Rl.YUN8tJPMiIHr-a::.MMYAl /U!!!CORDEDINOR.<<JOKZMII. ""'1'7-"", PUBUC RECORDS OFCOLLGIR COl.M"Y, PI..DIlJDit,. T1ENCE4CvrHtlO'"IOW"WS'TE'fSF1iET''/V'THE POINT OF BIiG#INNJ: 7HENCESC.UTH~. WBiT1lS/J,m1'l!ET70A POINTQN THIlNOlfTHffJGIfT..QfC<WAY~OI' D.4~ BO<.lEVARO; THiNQEAl.ONQ&UDNOTlIE1IN"IGHJ'~YUNE 11AOD f1f!iI!T AJ.DND THlARC OF A CURYECONCAYE TO ~ SOV1J1E.WT'liftllWGAIfN)IJA 01'..111 1'I!!i!r II1t'tmA Cl!M'JfALANGUOFtrU'IIf' ANOMiNNQ 8UllrENOED BY A r:JKJRD .IIl54ItMiIBOU1HJlPIIi'8tY WEBTI"OR t14.1l1FEEr. . 7H6NCE L&4 VIMI &NO N01mIIiRN RIGHT..Q1tWA Y LINE R4OW.J. y NORJ)I61W/W" 'ItC$T FOIf tJ.QD FIJJ;T 7'01\ POINrOFCURVAllJRf;" 7HINCE 12lIlTPf!E1' I4LDNG THIlARCOI'J. CURIII! ~VE7D THEEASTHAVWCiA NtDIUSOF 16.DO FEETwmiA CI!IfflW..AN/1LE OF lUVI6" AND Bl!tNf1 SIJIIT1iiNrJffD BY A CHCIfDI1IiARJNGNOR7H 1U'W'8r WB6TFOR ".1.11 FEErTOA f'OINTOF~ ClIRVAl"toWfi; TH/lN(21821 FEET./tLoNa THEARCOFA QUIIrYE CG'\ICAVI!TD7HENOIUHWEST HAWNGARADJlJSOF ..CO NfETImHA lZM'1tIU. NlGLE OF .N'4,2,.AND B/!JNr1 SUB7ENf;)1EDBY.A CHORD BEA1f/N(6 NORTH 11"!1l'.l1" EASTFOR 1UBFEEr TO A POINT OF TANGENCY: 'THl!NCEN01miOO">>Ol'...,EA"rI'Olf112..M1'1!1!T: 'THENCE SOU1H 8ftft"I" EAST' FOR RUlQ FE1tT7'0 '111II POINTOF BEriINNJNG. - carr,NfilNfJ 12DJtU5 fSOIINfl! Fl!ET. BEARINGS REFEREJJCED TO THeNORTHLINE OF 8Alf] 'AS BaNG NORTH UW'rr&ft6T. WCA:rION DETAIL (N.T.S.) , ~I ~ ~a !!J ---. ~ CDIl1W.BEfIl!fl"DEiTA M NORTH LINE OF SECTION 3 (BR.) NB9"S3'12"E 821.76' P.D.C. NORTHEAST CORNER SECTION 3 TOWNSHIP 50 SOUTH RANGE 26 SOUTH RIW RADIO ROAD SOO"06'48-E 50.00' 50 0 ~--' - - GRAPHIC SCALE (In Feet) 1 Inch .. 50' tt. SOO"SO'11"W 42.62' ~ I 50 I S89"29'56nE 90.00' P.O.B. SOO"30'04"W 955.16' no: ~ N ..... ..... g 15 ..... ~ ~ fl ~ U) !lJ .~ g . <:::> ~ R-30.00 L=19.21 .lJ=36"41 '27" CHB=N18'S0'47"E CH=18.88 f" #..& ~ 0((' ~~::J(Q'SJ() ~~ C:J q&o: d9 ",'" 13 -"r:;"".r~ ~ lQ' ~ f R=75.00 L=123.97 .lJ=94"4Z'1S" CHB=N10"09'37W CH=110:33 ~f ~~l 0<(; ~(j ~.P \)~ R=Z939.79 L=115.00 iJ=Z"14'29" CH8=S33"36'30"W .CH=114.B9 ~~,~~ PAOf ~ 9W&scw.e -- I.S6!.E. MI1RBnJI!fGTIE$$a.n: IMf flIIJHTOF~r Ql f CI!N11!ItIR 8V7IVEl'ORS Cl1INERALNOTES ~~_1l1RE&0RIGINALfWSE1) SEIIJ. onR.~LICEfISED 2. DIMENIiIONSARE /NFEET ND~ 71IEl/EN. DIJ./ENSfO/i$ SHOWN ME PtAl/IWD M/!ASIJf/El)I/NU!$$O_NOTED. . .1 f1EARMS I/ER!RENCEJ) 7PUNENOTa)ABOI'EAS'W/.' NID_EI1H!!l/;,sSU/JEtJ ORPER PWI. _4""",""" !trJIM/<<IIISl/MIpMdMIIJ/JM 114." 5ilII'IdFltltM ,-.... @)PARAGON LANIJ 5llJlVlCE<; ~ N 11983 N. Taodllm.lTnJI $ SWtefl52 ..,. B Nnplr:, PL341lO PH. 239-593-8760 S FAX 23..593-917.\ LB.<rl47ll DWGJNI'O. CJ.II!'l:ICmBY:UAT. OMWtISr:MW. F1EI.DDA1E:NM C_I.EI1ON: I M1'mQ!jff Lb." Lb.... Lb.... Lb... PR m:UNl'O. csmFIIiD TO: NIA 1lVlOO._:IlEEI.EG.<J.ArTACHED - f"ROJECrHO.J1I1fIII/D6fi.'IiQIIWJI1'Q1(ft" . - Easement Page 10 of 10 COUNTY-MORANDE LOCATION MAP Agenda ItelThNo. 16B3 MarGIJ Z7, 2.007 .~~20f13 \\ \ 4'.... . L " ,..J ~ Agenda Item No. 1684 March 27, 2007 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve the purchase of improved property (Parcel No. 130) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $567,450) OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase improved property, which is required for the construction of tbe Vanderbilt Beach Road Extension project (between Collier Boulevard and Wilson Boulevard). CONSIDERA TIONS: On June 6, 2006 the Board of County Commissioners approved Resolution No. 2006-142 authorizing the acquisition by gift or purchase of property required for the construction of Vanderbilt Beach Road between Collier Boulevard and Wilson Boulevard (Project No. 60168). The subject property (Parcel No. 130) contains 2.55 acres and is improved with a single family home. An independent real estate appraiser has estimated the market value of the property at $560,000. The appraisal was reviewed by the County's Review Appraiser, who has determined that the appraisal complies with the Uniform Standards for Professional Appraisal Practice. The property owner has agreed to sell the property to tbe County at the appraised value, plus ~.,,~,,~ compensation for payment of documentary stamp taxes customarily paid for by the buyer. FISCAL IMPACT: Funds in the amount of $567,450 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total amount includes the $563,950 purchase price, including documentary stamp taxes, and $3,500 for the approximate cost of title insurance, closing fees and recording fees.) Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; and 5. Approve any and all budget amendments required. Prepared by: Claudia Plesha, Property Acquisition Specialist, TECM Attachment: Purchase Agreement "~.l,,, Item Number: Item Summary: Meeting Cate: Agenda Item No. 16B4 March 27. 2007 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1684 Recommendation to approve the purchase of improved property (Parce! No 130) which IS required tor the construction of the Vanderbilt Beach Road ExtensIon project Project No 60168 (Fiscal Impact $567450) 3127/200790000 AM Date Prepared By Claudia Plesha Transportation Services Property Acquisition Specialist TECM-ROW 2/26/20073:30:37 PM Date Approved By Claudia Plesha Transportation Services Property Acquisition Specialist TECM-ROW 3/15/20077:53 AM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 3/15/20078:44 AM Date Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TECM-ROW 3/15/20079:36 AM Date Approved By Najeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 3/15/200710:05 AM Date Approved By ~Joseph Delate Transportation Services Senior Project Manager Transportation Engmeering and Construction 3/15/200710:35 AM Date Approved By Lisa Taylor Transportation Services Management/Budget Analyst Transportation Administration 3/15/200710:50 AM Date Approved By Sllaron Newman Transportation Services Accounting Supervisor Transportation Services Admin 3/15/2007 12:24 PM Date App roved By Pat Lel1nhard Transportation Services Executive Secretary Transportation Services Admin 3/15/20071:10 PM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3/16/20077:38 AM Date Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget 3/16/2007 1 :48 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 3/19/20078:27 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3/20/20077:43 PM Agenda Item No. 1684 March 27, 2007 Page 3 of 13 VANDERBILT BEACH ROAD EXTENSION - PARCEL NO. 130 (HERMANSON) CLOSE-UP Agenda Item No. 16B4 March 27,2007 Page 4 of 13 PROJECT: 60168 PARCEL No(s): 130 FOLIO No(s): 36862940000 PURCHASE AGREEMENT (For Improved Property) THIS PURCHASE AGREEMENT is made and entered into on this day of , 20_, by and between MATTHEW J. HERMANSON AND AMBER M. HERMANSON, HUSBAND AND WIFE, AS TO AN UNDIVIDED TWO- THIRDS (213) INTEREST AND HOWARD D. GRADY, A SINGLE WOMAN, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST, COllECTIVELY AS TENANTS IN COMMON, whose mailing address is 14726 Indigo Lakes Circle, Naples, Florida 34119- 4824, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Seller owns certain improved property located at 790 29th Street NW Naples, Florida 34120-1730, and more particularly described as Exhibit "A" which is incorporated herein by reference, together with all buildings, structures and improvements, fixtures, built-in appliances, HVAC system, floor coverings, ceiling fans and window treatments (hereinafter referred to as "Property"), free from liens; WHEREAS, Purchaser requires the Property for right-of-way purposes as part of the Vanderbilt Road Extension Project; WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the Property subject to the terms and conditions that follow. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be $563,950 (U.S. Currency) payable at time of closing. None of this Purchase Price is attributed to any personal property. If this Agreement includes an occupancy provision, the Purchase Price stated above will include a deduction for all occupancy fees due under the term of this Agreement. 3. CLOSING A. The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than June 11, 2007, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. Purchaser shall be entitled to possession as of Closing, unless otherwise provided herein. Seller shall deliver the Property in broom-clean and working condition, and free of all debris upon vacating the premises. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to Agenda Item No. 1 ~4 March 27, 2 07 Page 5 of13 applicable title standards adopted by the Florida Bar and in accordance with law. At or before the Closing, the Seller shall cause to be delivered to the Purchaser the following documents and instruments duly executed and acknowledged, in recordable form, which documents will be prepared by Purchaser: 1. Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Intemal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Any documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 1. A negotiable instrument in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in "Requirements and Conditions" below, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 2. Funds payable to the Seller representing the Purchase Price shall be subject to adjustments and pro-rations as hereinafter set forth. D. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, unless the Property is acquired under threat of condemnation. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Article 7 below, and the Commitment shall be paid by Purchaser. Purchaser shall pay all recording fees and will pay Seller's attomey's fees in the amount of $2,500 at closing. E. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. Page No.2 I Agenda Item No. 1 ~B4 March 27, 2007 Page 6 of13 4. PROPERTY CONDITION DISCLOSURES A. General. Seller represents that Seller knows of no facts or conditions materially affecting the value of the Property, except those which are readily observable by Purchaser, or which have not been disclosed to Purchaser by Seller in writing and furnished to Purchaser prior to the Effective Date of this Agreement. B. Radon Gas. Florida law requires the following disclosure: 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 health department. Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. C. Lead Based Paint/Paint Hazards. If construction of the residence on the Property was commenced prior to 1978, Seller is required to complete, and Seller and Purchaser are required to sign and attach to this Agreement, the addendum entitled "Lead-Based Paint and/or Lead-Based Paint Hazards Attachment to Sales Contract: Disclosure of Information and Acknowledgement." D. Mold. Molds are commonly found both indoors and outdoors. Interior infestation by certain molds may cause property damage and health problems for some persons. Seller has no knowledge of any mold remediation having been performed on the Property. E. Warranty. Except as to any facts or conditions disclosed to Purchaser as required under Section 4.A. above, Seller warrants that all major appliances and equipment; sprinkler, well, septic, heating, cooling, electrical and plumbing and security systems; major mechanical components: roof (including fascia and soffits); ceiling; structural walls; foundation; swimming pool, spa and pool/spa deck; seawalls; docks; boat lifts/davits and related electrical and mechanical components, if any (collectively "Systems and Equipment") are in Working Condition. .Working Condition" shall mean operating in a manner in which the Systems and Equipment were designed to operate. The roof, ceiling, interior and exterior walls, foundation, swimming pool, spa and pool/spa deck, if any, shall be considered in Working Condition if structurally sound and watertight. Seawalls and docks, if any, shall be considered in Working Condition if structurally sound. Seller shall not be required to repair or replace any Cosmetic Condition. .Cosmetic Condition" shall mean an aesthetic imperfection which does not affect the Working Condition of the item, including corrosion; tears; worn spots; discoloration of floor covering or wallpaper or window treatments; missing or tom screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows, driveways, sidewalks, spa/pool decks and garage, tile, lanai and patio floors; and cracked roof tiles, curling or worn shingles and limited roof life, so long as there is no evidence of structural damage or leakage. 5. INSPECTIONS A. Inspection Period. Purchaser shall have 30 days from the Effective Date (Inspection Period) to have the Property and improvements thereon inspected at Purchaser's expense as follows: (a) Systems and Equipment, by an appropriately Florida licensed inspection company or licensed contractor, and/or (b) radon gas, by a Florida certified radon measurement technician or specialist, and/or (c) lead- based paint and hazards, by an EPA-certified lead exposure risk assessor, and/or (d) termites or other wood-destroying organisms, by a certified pest control operator and/or (f) the presence of asbestos. Upon reasonable notice, Seller shall provide access and utilities service to the Property to facilitate inspections. Page No.3 I Agenda Item No. 16B4 March 27, 2007 Page 7 of13 B. Election to Terminate. If any inspection conducted during the Inspection Period reveals: (1) that any Systems and Equipment are not in Working Condition, and/or (2) the presence of radon gas at a level in excess of EPA action levels, and/or (3) the presence of lead-based paint or paint hazards required abatement under HUD/EPA protocols, and/or (4) the existence of active infestation by termites or other wood-destroying organisms and/or visible damage caused by active or past infestation, and/or (5) the presence of asbestos, Purchaser may terminate this Agreement without penalty by providing Seller with written notice of its election to terminate. If Purchaser does not elect to terminate this Agreement with the 30-day Inspection Period, Purchaser is deemed to have accepted the Property in the condition it existed on the Effective Date, except that Purchaser retains the rights set forth in Section 5.C (Walk Through Inspection) below. C. Walk-Throuah Inspection. Purchaser (or a designated representative) may conduct a walk-through inspection of the Property prior to Closing and prior to possession, to confirm: (1) that all personal property items have been removed from the Property, and (2) that Seller has maintained the Property as required in Articles 4 and 6. Upon reasonable notice, Seller shall provide access and utilities service to the Property to facilitate the walk-through inspection. D. Inspections. Purchaser may enter upon the Property with at least 24-hour notice to Seller for purposes of inspecting the Property with accordance with this Agreement. 6. RISK OF LOSS Seller shall maintain the Property (including without limitation the lawn, shrubbery, and landscaping) in the condition existing on the Effective Date until Closing or date of Purchaser's possession, whichever is later, except for ordinary wear and tear. Any future loss and/or damage to the Property between the Effective Date and the Closing or date of Purchaser's possession, whichever is earlier, shall be at Seller's sole risk and expense. 7. REQUIREMENTS AND CONDITIONS FOR CLOSING Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, from the effective date of this agreement to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to proceed to Closing or to terminate this Agreement. B. If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. C. Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 5 (five) days of the Effective Date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of Page NO.4 Agenda Item No. 1684 March 27,2007 Page 8 of 13 legal access to a public roadway, the Purchaser may elect to terminate this Agreement by providing written notice to Seller within thirty (30) days from the Effective Date of this Agreement. A failure by Purchaser to give such written notice of termination within this thirty-day period shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. 8. [INTENTIONALLY DELETED] 9. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES Seller intends for Purchaser to rely on the representations contained in this Article in entering into this Agreement and warrants the following: A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. C. The warranties set forth in this Article are true on the Effective Date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. D. Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. E. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. F. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. G. Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other hazardous substances are or were located on the Property at any time Page No.5 Agenda Item No. 1684 March 27, 2007 Page 9 of 13 during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. H. Seller has no knowledge that the Property, and/or that Seller's operations conceming the Property, are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. L There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. J. Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or govemmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to sell the Property; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the Effective Date of this Agreement. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would adversely affect the zoning or physical condition of the Property or its intended use by Purchaser. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attomey's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10. NOTICES Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested. postage prepaid or personal delivery addressed as follows: Page No.6 If to Purchaser: With a copy to: If to Seller: Agenda Item No. 16B4 March 27,2007 Page 10 of 13 Transportation Engineering & Construction Management Attn: Kevin Hendricks Right-of-way Acquisition Manager 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239-213-5844 Fax 239-530-6643 Ellen T. Chadwell Assistant County Attomey Office of the County Attomey Harmon Tumer Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239-774-8400 Fax 239-774-0225 Matthew J. Hermanson, Amber M. Hermanson, and Howard D. Grady 14726 Indigo Lakes Circle Naples, Florida 34119-4824 Phone No. ( ) Fax No. ( ) The addressees, addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addressees, addresses and numbers only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Notice shall be deemed given in compliance with this Article upon receipt of automated fax confirmation or upon on the fifth day after the certified or registered mail has been postmarked, or receipt of personal delivery. 11. REAL ESTATE BROKERS Any and all brokerage commissions or fees shall be the sole responsibility of the Seller and shall be paid at Closing. Seller shall indemnify Purchaser from and against any aim or liability for commission or fees to any broker or any other person or party claiming to have been a procuring clause or engaged by Seller as a real estate broker, salesman or representative. in connection with this Agreement. 12. MISCELLANEOUS A. This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. B. This Agreement and the terms and provisions hereof shall be effective as of the Effective Date and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. C. Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. D. Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. Page NO.7 Agenda Item No. 16B4 March 27, 2007 Page 11 of 13 E. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. F. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. G. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. H. If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to s. 286.23, Fla. Stat., under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) L This Agreement is govemed and construed in accordance with the laws of the State of Florida. J. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. K. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. L. TIME IS OF THE ESSENCE to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. Acquisition Approved by BCC pursuant to Resolution No. day of ,20_, agenda item no. approved on the AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, Chairman Page No.8 ~~J$t 'tnesslSig~ure) I (i, ~ v (~ f1J~~ g&Ag4-~ Witness (Signature) &r J~ H -e 00 u<,.JJ. r Name (Print or Type)'"" itt . ~?k~ it ess (Signature) . - k/ tJ.v'iI.'~ 1::-, -e~_A-c...- Name (Print or Type) Approved as to form and legal sufficiency: /te/A- rv r:~h~ Ellen T. Chadwell Assistant County Attorney Last Revised: 2/1/07 I Agenda Item No. 1 ~B4 March 27, 2 07 Page 12 of13 ~lnson UmJeA 'fYl. ~ Amber M. Hermanson ~vqA_L J~~...~f Howard D. Grady '.:] Page No.9 Agenda Item No. 1684 March 27, 2007 Page 13 of 13 EXHIBIT A The Northerly portion of Tract 49, Golden Gate Estates Unit No.6, according to the plat thereof, recorded in Plat Book 4, Page 93, of the public records of Collier County, Florida, being more particularly described as follows: Tract 49, LESS the following described parcel of land: BEGINNING at the Southwest corner of said Tract 49, thence N 000 19' 10" E a distance of 169.38 feet along the west line of said Tract 49; thence S 890 28' 32"E a distance of 660.10 feet; thence S 000 19' 10" W a distance of 167.13 feet along the East line of said Tract 49 to the Southeast corner of said Tract 49; thence N 890 40' 50" W a distance of 660.09 feet along the South line of Tract 49 to the Southwest corner of said Tract 49 and the POINT OF BEGINNING. ..'-"" Agenda Item No. 1685 March 27, 2007 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve the Amended and Restated Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Company. OBJECTIVE: To obtain Board of County Commissioners (BCe) approval of the Agreement for Haldeman Creek Disposal, with Lakeview Drive of Naples, LCC, a Florida Limited Liability Company substantially in the form attached. CONSIDERA TIONS: The selection of a disposal site is important to the viability of the Haldeman Creek project. Considerations in selecting disposal sites include environmental impacts, pollutant potential, sediment contamination, and disposal site capacity. A developer (Antaramian Development Corporation) that has property adjacent to the Creek approached the County regarding the use of some of the dredge material. The location of the potential site lies south of the main channel and offers several acres of land for disposal. The original Agreement for Haldeman Creek Disposal, with Lakeview Drive of Naples, LCC, was executed on July 27, 2004. An Amended and Restated Agreement was approved on September 13, 2005 for a time extension. A First Amendment was approved on July 25, 2006 to accept a developer contribution, and another Amended and Restated Agreement was approved on December 12, 2006 to extend the time for use of the property. The attached Amended and Restated Agreement is to allow for a time extension until May 31, 2007. The maintenance dredging project began in July of 2006. The project was scheduled to be completed by April 1, 2007. Due to unforeseen issues with cap rock a time extension to continue using the spoil disposal site is requested. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA TION: That the Board of County Commissioners approve the agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, substantially the form attached to the Executive Summary and authorize its Chairman to sign for the Board. Prepared By: Margaret Bishop, Senior Project Manager, Transportation Services Division, Stormwater Management Department Attachment: (1) Agreement Agenda Item No. 16B5 March 27. 2007 Page 2 of 13 COLLIER COUNTY BOARC OF COUNTY COMMISSIONERS Item Number: Item Summary: 1685 MeetIng Cate: Recommendation to approve the Amended and Restated Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC. a Florida limited Company. 3/27120079:0000 AM Approved By Margaret A. Bishop Project Manager Date Transportation Services Stormwater Management 31712007 3:36 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attomey County Attomey Office 31131200711 :42 AM Approved By Eugene Calvert Principal Project Manager Date Transportations Services Transportation Engineering and Construction Management 31131200711:54 AM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 3113/20073:24 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 311512007 10:46 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 3115/200712:23 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 3115/2007 3:34 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 3115/2007 3:42 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 3/15120073:44 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/16/20077:41 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 3/16/20075:03 PM Approved By Michael Smykowski Management & Budget Director Dale County Manager's Office Office of Management & Budget 3/19/200711:05AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/19/2007 8:45 PM Agenda Item No. 16B5 March 27,2007 Page 3 of 13 AMENDED AND RESTATED AGREEMENT FOR HALDEMAN CREEK DISPOSAL THIS AMENDED AND RESTATED AGREEMENT FOR HALDEMAN CREEK DISPOSAL ("Agreement") is made and entered into this _ day of ,2007, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and LAKEVIEW DRIVE OF NAPLES, LLC, a Florida Limited Liability Company, hereinafter referred to as "Lakeview." RECITALS: WHEREAS, the County desires to perform maintenance dredging to improve navigation and increase stormwater conveyance capacity in portions of Haldeman Creek, as described in the County's dredge plan attached hereto as Exhibit A ("the Dredge Project"); and WHEREAS, the County has determined that the Dredge Project is feasible; and WHEREAS, the County, as part of its permitting of the Dredge Project, needs a disposal site to place the sand and materials that are removed from Haldeman Creek ("the Spoil"); and WHEREAS, Lakeview owns an undeveloped II-acre site ("the Property"), part of which (approximately 3 acres) is comprised of submerged bottom lands of Haldeman Creek and the remainder of which (approximately 14 acres) is uplands adjacent to Haldeman Creek; and WHEREAS, the County will realize a considerable cost savings to the Dredge Project if the 14-acre upland portion of the Property is utilized as a temporary disposal site for the Spoil; and WHEREAS, Lakeview intends to develop the 14-acre upland portion of the Property with a total of 51 dwelling units (with associated dock slips), as illustrated by the Site Development Plan ( DP-AR -4596) submitted to the County by Lakeview; and 1 Agenda Item No. 1685 March 27,2007 Page 4 of 13 WHEREAS, Lakeview has agreed to the County's use of the 14-acre upland portion (the "Disposal Site") of its Property for the Dredge Project for a period of no more than 21 months, subject to the terms of this Agreement and the County's Disposal Site Plan attached hereto as Exhibit B; and WHEREAS, the parties do not intend that this Agreement convey any easement or other property interest in Lakeview's Property; rather, the parties intend that this Agreement convey a temporary irrevocable license, personal to the County, to use the Disposal Site in accordance with the terms ofthis Agreement; and WHEREAS, the parties entered into the original Agreement for Haldeman Creek Disposal on or about July 27, 2004; and WHEREAS, the parties entered into an Amended and Restated Agreement dated September 13,2005, and a First Amendment effective on July 25,2006; and WHEREAS, the parties entered into an Amended and Restated Agreement dated December 12, 2006; and WHEREAS, the parties desire to amend and restate said agreement in accordance with the provisions set forth herein. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. RECITALS. The above recitals are true and correct and incorporated herein. 2. CONDITIONS OF AGREEMENT. a. Before placing any Spoil on the Disposal Site, the County shall obtain all permits required for the Dredge Project from the responsible state and federal agencies, and be solely responsible for any mitigation required by said permits. The County shall comply with all conditions placed on the issued permits. Lakeview agrees to cooperate with the County in its efforts to obtain the required permits. 2 Agenda Item No. 1685 March 27,2007 Page 5 of 13 b. Lakeview agrees that the County may place the Spoil from the Dredge Project on the Disposal Site, in accordance with the terms of this Agreement and the County's Disposal Site Plan attached hereto as Exhibit B, for a period of no more than 21 months, beginning on August 1,2005 and ending on April 30, 2007. c. Under no circumstances shall the County be permitted to place Spoil from the Dredge Project on the Disposal Site after April 30, 2007. d. Lakeview's agreement to allow the County to use the Disposal Site for the placement of Spoil from the Dredge Project is predicated upon Lakeview's currently proposed site plan for the Property. Accordingly, the County may not use the Disposal Site for the placement of Spoil until the County conditionally approves SDP-AR-4596, subject to Lakeview's obtaining State and federal agency permits. The term "conditionally approves" shall mean approval is subject to owner obtaining all required permits from other governmental agencies and it does not mean that the County will impose additional conditions related to County promulgated regulations. e. Upon execution of this Agreement, Lakeview agrees to provide any letters or documentation requested by the Florida Department of Environmental Protection and federal reviewing agencies to allow the County to obtain its permits for the Dredge Project. 3. DENSITY CONFIRMATION. The County acknowledges that Lakeview enters into this Agreement in reliance upon the County's confirmation that the Property is eligible for 51 dwelling units. 4. REMOVAL AND PURCHASE OF SPOIL. Subject to Lakeview's option to purchase set forth herein, the County agrees to remove all Spoil from the Disposal Site and any contaminants placed on the Disposal Site pursuant to the Dredge Project, at its own cost, on or before May 31, 2007. Lakeview shall have the option, at its sole discretion, to purchase up to 3 Agenda Item No. 1685 March 27,2007 Page 6 of 13 35,000 cubic yards of the Spoil from the County. If Lakeview exercises its option to purchase, the County agrees to leave the requested amount of Spoil on the Disposal Site in locations specified by Lakeview, and/or deliver the requested amount of the Spoil to 1722 Tamiami Trail East, Naples, Florida 34112. Lakeview shall pay a severance fee of $2.25 per cubic yard to the County for any Spoil left at the Disposal Site or delivered to 1722 Tamiami Trail East at Lakeview's request. Said severance fee shall be paid within 30 days or delivery of the Spoil. 5. FINAL CONDITION OF DISPOSAL SITE. By May 31, 2007, the County shall ensure that the final condition of the Disposal Site meets the following criteria; a. all Spoil has been removed from the Disposal Site (unless Lakeview has directed to leave certain amounts ofthe Spoil on the Disposal Site pursuant to Paragraph 4); b. any contaminants placed on the Disposal Site pursuant to the Dredge Project are removed from the Disposal Site; c. based on appropriate laboratory soil sample analysis performed by the County's contractor for the Dredge Project, the highest detected concentration of constituents on the Disposal Site are below all applicable criteria for soils including Direct Exposure and Leachability based on Soils or Groundwater Criteria provided in Florida Administrative Code Rule 62-777. The detected concentrations if any, of selected parameters and applicable soil cleanup criteria in F AC 62-777 must demonstrate that these sediments will not create a regulatory or human health concern; and d. no liens related to the Dredge Project have been placed on the Property. If the County fails to comply with the provisions of this Paragraph 5 by the deadline imposed, Lakeview shall notify the County in writing and the County shall have an additional sixty (60) days from receipt of the notice to comply with the provisions of this Paragraph 5. If the County then fails to comply within the 60-day period, then Lakeview shall have the right to bring the 4 Agenda Item No. 1685 March 27, 2007 Page 7 of 13 Disposal Site into compliance and the County shall be responsible for all costs and expenses for doing so. Lakeview shall contribute $40,000.00 to the 6. DREDGE PROJECT COSTS. Dredge Project for Reach 3 dredging and the County shall be responsible foraH remaining Dredge Project costs, including permit costs, mitigation expenses and severance fees (except any severance fees owed by Lakeview to the County pursuant to Paragraph 4 resulting from the Dredge Project. 7. MONITORING. Initial testing/sampling by the County's consuItant(s) has revealed contamination, including the presence of copper, in the water and submerged bottom lands of Haldeman Creek. The County shall prepare a test plan to monitor the Spoil, water and Disposal Site for contaminants, including copper. The test plan shall be submitted to Lakeview for its approval prior to the County's use of the Disposal Site. The County shall implement the approved test plan for the areas of known contamination throughout the duration of this Agreement and shall issue weekly reports of the test plan results to Lakeview while work is performed in the areas of known contamination. Final test results shall be submitted to Lakeview on or before June 28, 2007. The County shall be responsible for all clean-up costs, fines and penalties associated with the placement on, and removal of, any contaminants placed on the Disposal Site pursuant to the Dredge Project. 8. TERMINATION. This Agreement shall automatically terminate at the earlier of (a) May 31,2007; or (b) when the provisions of Paragraph 5 have been satisfied. 9. PROJECT FUNDING. The County retains the right to create a municipal taxing district or other source to fund the Dredge Project. 10. INDEMNIFICA TION. To the extent permitted by law, the County shall indemnify and hold harmless Lakeview and its successors and assigns for any and all damages or 5 Agenda Item No. 1685 March 27, 2007 Page 8 of 13 liabilities incurred by Lakeview and caused by the Dredge Project, including, but not limited to, damages or liabilities arising from (a) non-compliance with the permits issued for the Dredge Project, (b) the placement of liens on the Property pursuant to the Dredge Project, (c) the placement of contaminated or hazardous Spoil on the Disposal Site pursuant to the Dredge Project, and (d) third party injuries related to the Dredge Project. 11. MISCELLANEOUS PROVISIONS. a. Any and all notices, designations, consents, offers, acceptances, or other communications provided for herein shall be delivered to Lakeview, attention: Jack Antaramian, Antaramian Development Corporation, 365 Fifth Avenue South, Suite 20 I, Naples, Florida 34102; and to George L. Varnadoe, Esq. 821 Fifth Avenue South, Suite 201, Naples, Florida 34102. b. Any and all notices, designations, consents, offers, acceptances, or other communications provided for herein shall be delivered to the County, attention: County Manager, Collier County Government Complex, 3301 Tamiami Trail East, Naples, FL 34112. c. This writing embodies the entire agreement and understanding between the parties. No other agreements or understandings, oral or written, exist between the parties. No alteration, change or modification to the terms of this Agreement shall have any force or effect unless made in writing and signed by the parties hereto. This agreement shall be governed and construed in accordance with the laws of the State of Florida. This Agreement may be executed in each of several copies, each of which may be considered an original. d. Lakeview may not sell, transfer, or assign this Agreement, or any part hereof, without the written consent of the County, which consent shall not be unreasonably withheld. 6 Agenda Item No. 1685 March 27, 2007 Page 9 of 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year aforesaid in counterparts, each counterpart to be considered an original. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk JAMES COLETTA, Chairman WITNESSES: LAKEVIEW DRNE OF NAPLES, LLC (I) Signature Printed Name (2) Signature BY: ITS: Printed Name Approved as to legal form and sufficiency: Heidi F. Ashton, Assistant County Attorney 06-ecm-00523/6 7 Agenda Item No, 1685 March 27, 2007 Page 10 of 13 , , " , . Hald__ Cnek Renmrt!oll ProJId " '. " Project DescripUOB bbibltA. HIlM.......'" <:;reek loca1ed ill Callis Calmly, P1orida. sma 81 In impoI1mt ~watt:r cony~ S}'Item. cd & uavipble ~ for bolder accc:A to the 0u1f' of Mexico (PiJUR:l):' ~ mdicat.o tbst' die Oect !U oripaU:y 1IA11nlt IDd through: ~t was.&nd. MQdiflcootfOZll to the ~ inc1Ddc crnablishing "finp'" cma1s to nppbrt D:S~ ,boat accesi ad al1!:ra1bul to '!be aiiB;lJlDCl11 of ~ Ctcek. 101: , , . ston:nwatar~ . , . R.esidr.b.ts in the ~ 'of: ~ Creek. ~ mais1lr watcEfront property , OW!lCl3. mquested the 90linty to initil18 . feasibility ~ to invempm mamtcD8DCC cJred8mg of tlie cx.istiog 'WlItenwy. m~ dml~ IDd we of the watIlnraj for boating. maintt::nmco dr:cdgmg has 'bc:caa1c ncceswy to tmS\ft f1'GptlJ: DZYiptidn. Sediment ~g c1iusOd by 8~eatation raises tho riak of dNnagc to boats azul d.oC~i thll fbnctiOD afibe ~.bw.ry. With inaea.sed dcvdcpmer:lt. comeslhe ~ for flood co:ntrol. The. Creek .'lstlserves as , , , 1m importmt role for c:cmvcyancc of stmm~ ~ th~ ~ :rhe Counrr, aod S~ .-. FloridA Wa1ec MaD&~ niBfrl.ct baWl impl_ted itnpruVemcc.u to de Cm:k for , 8004 COD~l" This activitY ha.; n:mJted in an emphasis on {he Creek n:gudi.ng tnaiD=mce of1h1l wa.t~.,... Over fimo 1~t3 luLw bai1t-ui? ill. 1hc waterWlIy IIJ1d the accumnlarion in, tbe O:eek md in ~ cmd i)'Iteu1s bu rnchid. . i~ tl:w n:quiru mamtcnaDce. NlI.tUm1 proceuea ~ UDab~, to ~ out the matmsI.. Hi1de:m1I) Creek has ex;p=rianced npid dt::velopment aoIffr the plAit ~ decades. Devc'1oJD!.tt:nt oCCUIred first on the ~ Stem of the Creek ItId tb=1. to the adjl.Cmt caUw. D~l~ alOIJ.l the m&in Itlrm .of the ~ is I. , .-:- - ':-::::::':-~_-7~.'.:-:':" 1~3 --------- ----------- Agenda Item No. 1685 March 27, 2007 Page 11 of 13 mixiure of ~ and ~tial. DeVe~ along the adj~~ ~ cinall is . . . . primarily residc:-iwa1 with .. _ commcmal proputi.cs iutz:EIpcncd.. .Fig1U-el. . .. '. ... .. .- .... . ~Jif..lD&D Creek ReItonlflul 'Pro.i~ LocadoD ~PI: . ~----~-... .......~... .. -.... -.- -. ..- . . -:C.' ~;-_.....;.,:,-_'.::::..:,.. 'C1. . Of' :.;-.-- ..--...-... : Agenda Item No. 1685 March 27,2007 Page 12 of 13 . ,4'" " , . j... ~ -lW-" . "..., I 'lbe pmjllCt iDclude.s dted&in& to~a depth of-S.O irLw _-2 MLW ~audwest of - III -. I BaYahore Drive,~: Dellfgn botton1 widtba of 40 feet and 20 feet '?r the main . cbaD.nr:11Dd finpr c:IUlaIa. ~ec:tively. A tDtI1 volume ofapproxialat.o1y40,<lOO Jd.'wi11 bo~ The projlCt will iu\ro11le a exmbioatiaa of hydmalic azId ~it!lLl ~ Tho aedimcmt will be placed em the &pORI site lOt de-ft~ Ifockpiliq& IIId lrIDIport fD !he Coum,y 1 ~dml A.pprox.fm8tely lo~ooa yff of lOlGIB ~ IOIfimantwill Ianain mr ate for VM by die property ownar. \ 'l'bc County has JOhmitted pc:mIit tppliClltioDl wid1 tho tJnited Slates Army Corps of BDgmDCrl (US/LCI:J). 1be I'Iorida Departtncrut of ~ ProtectiDD (FDKP) IIld CoUiCZ'. Conaty. Penmu lInl ~ Che Fan '2004 flDd constmctioa is aDticipac! to begin winter 2004. " - ," _M _ -:.~" ::- . .. . . " -.. ... 3 tf 3- . ~ - ,- "': ';" .... . . . ~ -~- '''~I. _..)':'(. r", . r - JT,'?lri.. '.'" .. . -- "- ~I " .t~ ^ I. ..: ~'!' ~:. ~ i- t ~I ~ . :' .. ,., 0 I, .1 :! ". ~ " , . , _i. Agenda Item No, 1685 March 27, 2007 Page 13 of 13 I f 1 ! . . . I ! 1.11 !llIliI i I ;; :/ , , . . . I!' '. . all .~-../' . '. '/: ~ I' :,-. "--. ~ ; ., pO .., -; ~c- I: .. '\ \'. " . II ,. ..\., I :. )., l ,...-' \, \. ;. .",,- ~' :,,: t ' OJ . . , . , .' .... --- ~~.- .' :: ./ i .... I ( : \ '. .....~~.. ~ r--o,--, ..., a; .J___...- ~ I: I{ ...._. ._........_....... .n.......__.._.....__.....___.___....___.._____._...___ . . [[[[[' [firm L- ~. I..:.' ~ l~ ,. l . ,. ,. Jltn €'ihlb i't- 8 Agenda Item No. 1686 March 27,2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve Work Order #QE-FT-3773-07-01 for a construction project to Quality Enterprises USA, Inc. for Radio Road (C.R. 856) Intersection Improvements at Livingston Road (C.R. 881), using the Annual Contract for Roadway Contractors, Contract No. 05-3773, Project No. 60016, in the amount of $328,044.13 OBJECTIVE: To approve a Work Order for Radio Road (C.R. 856) Intersection Improvements at Livingston Road (C.R. 881) to Quality Enterprises USA, Inc., in accordance with the Annual Contract for Roadway Contractors, Contract No. 05-3773. CONSIDERATIONS: The project consists of changing the intersection of Radio Road/Livingston Road in order to improve the flow of traffic, to improve safety, and to relieve congestion. These improvements are required due to existing traffic conditions and the anticipation of the opening of the 1-75 interchange on Golden Gate Parkway in March of2007. The improvements include the addition of a westbound U-turn lane on Radio Road at the intersection of Livingston Road and the lengthening of the dual eastbound left turn lanes on Radio Road at Livingston Road. Work on this improvement is scheduled to begin in late April and will be completed in one hundred five days. Quotes were requested from the contractors on the Annual Contract for Roadway Contractors, Contract No. 05-3773. Three (3) quotes were received February 23,2007 and are as follows: Quality Enterprises USA, Inc. Better Roads, Inc. Bonness, Inc. $328,044.13 $348,703.35 $372,745.61 The low bid from Quality Enterprises USA, Inc. is 1.4% below the Engineer's Estimate of Cost of$333,000.00. FISCAL IMPACT: Funds in the amount of $328,044.13 are available ill the Transportation supported Gas Tax Funds 313. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: The intersection improvements on Radio Road at Livingston Road have no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the construction project. for the Radio Road at Livingston Road Intersection Improvement Project and authorize the Transportation Administrator to execute Work Order #QE-FT- 3773-07-01 to Quality Enterprises USA, Inc. for same. .~......., Prepared By: Daniel G. Hall, P.E., Senior Project Manager, TECM Attachment: Quotes from vendors; Signing & Marking Plan Sheets; Work Order Item Number: Item Summery: Meeting Cate: Agenda Item No. 1686 March 27, 2007 Page 2 of 15 COLLIER COUNTY BOARC OF COUNTY COMMISSIONERS 1686 Recommendation to epprove Work Order #QE-FT -3773-07 -01 for a construction project to Quality Enterprises USA. Inc. for Radio Road (CR. 856) Intersection Improvements at Livingston Road (CR 881), using the Annual Contract for Roadway Contractors, Contract No. 05-3773, Project No. 60016. In the amount of $328.04413 3127/2007900:00 AM Date Prepared By Daniel Hall Transportation Services Senior Project Manager Transportation Engineering and Construction 318120073:55:35 PM Date Approved By Dale A. Bathon, P.E. Transportation Services Prinicipal Project Manager Transportation Engineering and Construction 318/2007 4:04 PM Rookmin Nauth Date Approved By Transportation Services Management/Budget Analyst Transportation Engineering and Construction 3113/200710:13 AM Date Approved By Najeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 3/131200710:26 AM Date Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. 3/13/20073:40 PM Date Approved By Rhonda Rembert Administrative Services Contract Specialist Purchasing 3/14/20072:56 PM Dale Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 3/14/20076:03 PM Dale Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 3/15/2007 3:47 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 3/15/20074:01 PM Date App roved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3/16120077:43 AM Susan Usher Date App roved By County Manager's Office Senior Management/Budget Analyst Office of Management & Budget 3/20/2007 12:57 PM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Date Office of Management & Budget 3/20/20075:12 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3/2112007 1 :02 PM Agenda Item No. 16 6 March 27, 2 7 Page 3 of 15 WORK ORDER # QE-FT-3773-07-01 "Annual Contract for Roadway Contractors" Contract #05-3773, Dated May 10,2005 This Work Order is for Roadway Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Radio Road (c. R. 856) Intersection Improvements at Livingston Road (C. R. 881). The work is specified in the proposal dated February 23, 2007 attached hereto and made part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # QE-Ff-3773-07-01 is assigned to Quality Enterprises USA, Inc. Scope of Work: As detailed in the attached proposal and the following: Construct intersection improvements in accordance with the drawings as prepared by the Transportation Engineering and Construction Management Department, Sheets 1-12 dated January 12, 2007. Schedule of Work: All improvements shall be constructed with substantial completion within ninety days and final completion within one hundred five days after issuance afthe notice-ta-proceed. Compensation: In accordance with the Agreement, the County will compensate the Firm in accordance with negotiated amount of $328,044.13 as provided in the attached proposal. Itemized not to exceed amount $ 328,044.13 TOTAL FEE S 328,044.13 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. prepared~ ,1)~ ./J /lJ41 Daniel G. Hall, P.E., Senior Project Manager T.E. & C.M. Department 3-S'-67 Date Reviewed By: Jay Ahmad, P.E., Director T.E. & C.M. Department Date AppToved By: Norman E. Feder, AICP, Administrator Transportation Divison Date Reviewed as to Form and Legal Suff' . ency: ~ ACCEPTED BY: Date: ;l i}-l?/07 ATTEST: (Corporate Secretary) By: -4;t1uMd! rises USA Inc. ..- --~ By: 1M 11^ SigdaturJII , Paul J. Moriartv. Vice President Type Name and Title Stacey L. Murrell. Secretary Type Name and Title <.DI'-I.,(") ....----, ..- - o -'<:!" o I'- CD ZNO) E..c: <ll cv2a... _<ll ~~ '"C c: cv Ol <( l!; ~~ I t>z -'~ \;1"-8 ~o!'" '" " o 0~ Z~ ........0:: Z<c 0;:?j ........ (j)~ rn- tO~~ 10 r.l _ CXl2~ r.lu .>- 0::0 8li:~ 20 Cl-~ <:z;:z; 000 O::tbi Or.:!" -Ul:Z; Cl~> <er.l:s O::~ -~ ~< 8 zS ::s ~Ct::i ! !!l;3 lie;~. ::II-El"~' ::II ,z!i:~~ 8i: ~~ ~i r:~ ~~ ~i ~o!iH~ oU,""'~2 ~&3~~i~ o3?J~ . ~o " C'iu 8 '" c.or---l.O 0)0..- c.oO_ ..,.-NO O"':l.O ZNQ) ell E -5 CO Q)~o.. _CO ~2 -0 c Q) Q') <( ro b ::J~ I <Iii :I:~ cj~ -'~ .....a. 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Z .~ <CC ...: C D . m I ~ CIl- ......~CO COZCO IOc.I CD:::ee:: c.lU e::~~ UO::Q ~l1."" ::l!O ~-e:: O~Z e::6~ OUl~ -CIl;Z 00::- O'i~~ Z -~ "" [:1< _ "'1':1 ~ z_ oo::'" ~9~~~~ ~~~"ii~ o az:~..,iiI Ui:~5i~a ~Z~~~~ ::> a~i;ll; ~oo;ilis~ aU ~~:~ ~el ~~ ~~ ~3 ~~ . <0 0' OU u ll:l <OI'-LO -"'? ..- , .... ,0 .CO o S:i Q) Z 0> E -5 CO Q)....a.. _CO ~:2: -0 c: Q) 0> <( ~~----_.. ~_.~_..- _'_M_"h__._.._..._.___, ~_. - nO____._,_.___, "_'_'__~"~'_"_'__,___"""," ,___, ..__._,..... .... -~......_,.".-_....h~____._.__~_......~_~.___.m...__ ___.,~_. N -< ~ o I~~ I :1:"' .0 <.oz -1W ~Cl..8 <t:'o( Q " . ~ I ~ tIl- ~i-'" coz'" lOr.:! 1O::!!D: r.:!c.i n::i;~ uO:", ~o..< 20 ~-o: O~Z n::~g Utll Or.:!" -tIlZ Oa:- <r.:!~ o::i-...l Z -i- < 3894 Mannix Drive, #216, Naples, FL 34114 (239) 435-7200 (239) 435.7202 FAX E.-mail: estimator@qe..usa.com Agenda Item No. 1686 March 27, 2007 5 QUALITY ENTERPRISES USA, INC. Fax: To: Daniel Hall, PeE. @ .Collier. County From: Rick SUcko Fax #: 239-213-5885 _....__ Pages: ~ncluding cover sheet Re: Request for Quotation Date: February 23, 2007 "Radio Road at Livingston Road Intersection ImprovementsJl Attached please find the above referenced Quote as requested, ---- .--..-- ---r-.---'.--- I - UE- QUALITY ENTERPRiSES USA, INC. __ 3894 MANNIX DRIVE, SUITE 216 _ __ NAPLES, FL 34114-5406 . {2~?200 FAX (239) 435-7202 -5t."'=~ld~~- _~- --=---t-~:.__: u "A. IN D. I COLLIER COUNTY TRANSPORTATION DIVISION RADIO ROAD AT UVINGSTON ROAD INTERSECTION IMPROVEMENTS PROPOSAL ------.--. _. ,..--.----- Agenda Item No. 1686 March 27,2007 Page 10 of 15 .-.- --.-.,- --- -_.,--- 2.23,07 Quantities _ Units __ 1-.. Unit Prlce ___J~otaL_ Description ROADWAY: _._.___-, _______ __ Mobilization 1 LS $37,500.00 Maintenance of Traffic (90 day) ___ -r'--- --r:s-- -"$18,750.00 Advanced Warning Arrow Panel 60. ED . $10.00 Clearlna & Grubbina ~- 1 -rs--' $181750.00 Excavation ____=~=-. 438"- -- Cy -'- $25.00 Embankment 302 CY $25.00 ApsIlBaseABC'9u---- ~~~_~_ $47.50 Aspll 8-111 1" 1336 SY $6.88 Asph S-I 2' 1336 SV -~.. $11.25 Concrete Curb Type F ..--_.--~=. 4506 LF ____. $15,00 Concrete Sidewalk 8" 2 Hand __ 85 SY $50.00 Sod Bahia _______ 1645 . SY $2,50 Single Sign 5 __ _ AS $362.50 Relo~te.Exist SIgn . 2 AS $125.00 RPM'S 72 EA $7,50 Reflect Palnllsland Nose .-..___ ____~____ SY_ - $12.50 - - Pavemenl Messages Thermo _____ ____~_._ .___ EA _ $166.26 Directional Arrows Thermo 19 EA $106.26 Remove ExIst Pavement Markings ..~"w..... ---1"'-- --L:S~-'~' $937.60 -_. Traffic Stri ~ Solid Tllermo 6" While 1157 l.F $1.00 Traffic SIri e Sofld Thermo 8" White 563 - LF' $1.25 . Tr.affleStrl e Solid Thermo. 12" White 228 LF'--'- -'--$3~- .-. Traffic Slrl e Sofld Thermo 18' White _ 48 LF $6,25 Traffie Slripe Solid Thermo 24" White ~3 LF _. $8.75 ._ __ Traffic StrIpe Solid Thermo 6" Yellow 4368 LF '_ $1.00 __ .___ ROADWAY SUB TOTAL $37.500.00 .~ $18, 750~OO $600.00 $18,750,00 :=!10,950~~ $7,650,00 $63,460.00 --~~ $15 030.00 $67,590.00 $4,250.00 $4,112.50 $1,812.50 $250.00 $540.00 $37.50 $312.50 $2,018.76 $937.50 -- $1,157.00 $703.75 $855.00 $300.00 $288.75 $4,368,00 ----1--..- _______-:-_ __.. $271,315.43 SIGNALIZATION: Directional Bore 6" to 12'" 290 LF $42.69 --- .-.... $12;sao.:ro ------ -_-I--_n Conduit (F&I) Underground $220 _ LF $13,13 $2,888.60 Cable Signal (F&I) .___._ 500 LF:~- $12.81-- $6,405.00 Pull/Junction Box F & , 8 _._ EA $641.26 $5,130,00 PuIVJunetJon Box Install .-- ----:r-.---- EA $500.00 $500,00 Trame SIgnal F & I ~1 - AS $2,641.25"- $2,641.26 Traffic Signal. Relocate --=-__.--._~-- -' AS __._ $1 ,39~ f---'-~ ;391.25 Ped SIgnal F &!l-Way_____.__ _ 1 _ __ AS... $1.687,50 _ $1,687.50 Pad Signal P & I 2-Way 1 AS $3,031.25 $3,031,25 ~Head Aux -~- --r-- ----A'S-.--..- $422.50 _~.=~_ $422:50 Signal Head AuxAlum Pad 1 AS $2,391.25 $2,391.25 ------.---- -_. loop Detector Type 10 ._.__ 1 EA $797.50 $797.50 Loop Detector ~ 4 AS $2,500.00 . $10.000.00 Ped Dectector . ___ 2 fA $40e,25 $812.60 Controller Ass'y 1 AS $3,125.00 $3,125.00 illuminated Sign ------ 1 EA $2.260,00' -- $2,250.00 Skm Panel. .-- 1 AS $875.00 $875.00 SIGNAUZATION SUB TOTAL TOTAL BID --. ..--- --- r/':~l A r A\ 1 Submitted By: 01 PU JJ )r.Dt.N;_ "") Richard R. Slicl<o, Vice President $56,728.70 $328,044.13 02.23_07 Agenda Item No. 1686 March 27, 2007 Page 11 of 15 81.,.,. ..1 .I;.C. To: Collier County Board of county COmmissIoners Contact: Dan Hall Address: 33( 1 TamlClmi Trail East: Phone: (239) 774-8192 Nar'les, Fl 34112 Fax: (239) 213-5885 Project Name: Rae 10 Road At Livingston Road Intersection Improvements Bld Number: 06572 Project Location: livilgston Road & Radio Road Interseetlon, Naples, FL Bid Date: 2/23/2007 tItem # Item Desl1riptjan Estimated Quantity Unit Unit Price Total Price I 101-1 Moblllzatloll 1.00 LS $34,68000 $34,680.00 102--1 Maintenan( e Of Traffic 1.00 LS $33,13000 $33,130,,{]0 102-7(i Actv. Wamllg Arrow Panels (2 Signs, 30 Days Ea,,) 60.00 DY $2B .30 $1,698.00 110-11 Standard C eartng & Grubbing 1.[10 l.S $17,570,00 $17,570,,00 120-1 Excavation 438.00 CY $68.00 $29.784..00 120.5 Embanlcme;1t 302,O[) C'f $88,30 $26,666,60 285-7 Asph. Cont Base Type 3 (ABC-), 9" Thick) 1,136.,00 SY $4890 $55,550.40 331-72-10 Asph(lltlc eml;, Type s-m (in Thick) 1.336,00 SY $9,,25 $1.2,358.00 331.72..20 Asphaltlc C me. Type 5-1 (2" ThJc:k) 1,336,00 SY $11.90 $1S,89S40 520-1-10 Concrete C Jrb & Gutter Type 'P 4,506.00 u= $1230 $55,42380 522-2 Sidewalk (concrete, 5j B5,00 SY $73.90 $6,281,50 555-1-2 DIrectional Elorfl (6" To <12") 290,,00 LF $37 SO $10,875,,00 575-1-1 Sodding (Blhla) 1,645.00 SY $25S $4,359,25 630-1-12 CondUit (F i I) (Underyround) 220,00 LF $9.50 $2,090 00 632-6.1 Cable - 51g1161 (F & I) 500,,00 LF $9.,30 $4,650.00 635-1-11 pun And Ju lCtlon Boxes (f &. I) (Pull13Ox) 8,00 EACH $4641.50 $3,716..00 635.1-31 Pull And Ju ,ctlon Boxes (Install) (pull Box) 1.00 EACH $36250 $362 SO 650-51-311 Traffic; Signal (F &1) (3 Sect,) (1 Way) (STD) 1.00 AMBY $1,914.00 $1,914,QO 650-54-311 Traffic 51gMI (Relocate) (3 Sect) (1 Way) (STD) 1,,00 AMBY $1,008,QO $1,008.00 653 - 192 PedestrIan ~rgnal (F &. I) (I.EO-Coutdowrr) (l-Way) 1.00 AMBY $1,223.00 $1,223..00 653-191 PedestrIan ;19nal (F & 1) (ltJ:H:outdown) (1 Way) 1.00 AMBY $2,197..00 $2,197.00 659-101 Signal Heall Auxiliaries (F &.1) (Bac!< Platell, 3 Sect) 1,00 EACH $306.00 $306.00 659-107 SIgnal Heac1 AU:dlla~s (F &. I) (AlumInum Pedestal) 1.00 EACH $1.733.00 $1.733,00 65D-1-110 Loop Detec:;or, Inductive (F &.1) (Type 10, 2 CH, 55, 1.00 EACH $5n .50 $577,,50 RM) 660-2-106 Loop Assen Ibly (F &. I) (Type F) 4,00 AMBY $1,812,00 $7,248.00 665-11 Pedestrian )etector (F &. I) (Pole Mounted) 2.00 EACH $294.50 $589,00 670-5-410 Traftk: Control Assembly (Modify) (NEMA) (None) loW AM6Y $2,26500 $2,2.65.00 699-1-31 Internally Illuminated Sign (MOdIfy) (Street Name) 1.00 E4CH $1,631.00 $1,6:31.00 700-40-1 Sign, SIngle Post 5.00 AMBY $328.50 $1,642,&) 700-"10-1 Sign, Slngl~ Post (less Than 12) 1.00 AMBY $63450 $63450 70D-46-21 ExlstJng SIgn, Relocate 2.00 AMBY $113.50 $227 00 706-3 Reflective Favement Markers 72.00 EACH $6,80 $489.60 710-29 R.eflectlve PaInt (Istand Nose) (Yellow) 3.00 SY $11..30 $33,90 711-11-121 Trmnc 5trl~ e, SQlld, Thermo. ({i" White) 1,157.00 LF $0.90 $1.041.30 711--11-122 Traffic Strl): e, Solid, l11enno. (8" White) 563.00 LF $1.15 $64745 711-11-123 Traffic: Shipe, Solid. Thermo" (12" WhIte) 2.28.00 LF $3,40 $775.2.0 711-11-124 Traffic Stripe, Solid, Thermo. (lS" White) 4S"OD LF $5,65 $271,20 711-11-125 Traffic Strfpe, SaUd, TheIlTlD. (24" White) 33,,00 LF $795 $26235 VZJ!200] 4:19:12 PM Page 1 of 3 ZQe-~ LOa d 569-1 -mn)/.j \'I.a,,: ton ,ntF'_~'_'n - lItem # 711-11-221 711-3 71104- 711-7 Notes: 2!23/Z0014::Lg:12 PM Item Desc r1ptJon Traffic Strlr'B. ScUd,l11ermo" W Yellow) Pavement r1essages, Thermoplastlc Olred;/onClI rvrows, Thermopla5lJc Remove .ex sting Pavement Matldngs Estimated Quan~ Unit Agenda Item No. 1686 March 27, 2007 Page 12 of 15 Unit Price Total Price I 4.368.00 LF $0.90 2,00 EACH $141.50 19.00 EACH $96,30 1..00 LS $849,,50 Total Price for above ltems~_ Total Bid Frlcet $3,931 20 $283.00 $1,82970 $849 50 $348,703.35 $348,~~ . SPEC IFIC JOB CONOmONS: -This s a unit price quote.. · Price; are good through 2007 onlY. . ReqL est to scl1edule paving must be gIven In wrltlng, · This :lroposal must bacome part of the contract agreement. . No P Mnlts, Fees, l.ayout,. Bond or'Testlng Included, If Bond Is requited add 1.5% . This Jroposal must be accepted by contract wlthln 30 days of the bid date or prices may be adjustetl, · AddlllClllaI phases of projects wllf not be added at the origInal contract Clmount without Better Roads agreement, . Price; bClS1!d on one mobilization per Item, AddJtlonal mobilizations will be charged at $1,500,00 each In addttlon to the unit prire... .TIlIs ~uote Is tlasecl sofely upon tile Infonnatlon provided to Better Roads by which Is as follows: · GENERAL PROPOSAL mNomONS: -1, l1liS PrOposal shall become effec:tlve upon acceptance by the party Dr it's representative to whom It Is subtr ftted, (the "Ownern). Owner shan be deemed to have accepted this Proposal by allowing Better Roaels, 1m;:, rCor Itralc:tor'? to (;:(lmmli!n~e work or preparation for work. The term nOWner" as used In thIs Proposal shall Indude the Owner's an;hltect or engineer" Quotations herein. unless otherwIse stated, are for Immediate BCt;efltance and subject to change, .2. 11 lis Proposal, in addition to any additional terms expressly Incorporated hereIn by reference, contains the entlm agreemer1l: between the parties., No modlncatlon of this Proposal after acc.eptance shall be binding upon Conb actor unless made In writing an<! signed by the duly authorized representatives of the Owner and Conti aCtxlr. Furthermore, no backcharge or daim or the Owner for services sha II be valid ext:ept by the agre! roent In wrl~ng by Contractor before work is performed. · 3. AJ ter acceptance of thIs Proposal as provided, Contractor shall be gJven a reasonable [jme in whidl to makE delivery of materials and/or labor to commenCe and complete the performance of thIs Proposal. Conti actor shall not be responsible for delays or defaults where oo:asloned by any caUSes of Clny kind an<! e>Cter t beyond Itis control, lndudlng. but flot limited to: delays caused by the owner, archItect, or eflgfne@rs; embc rgoes, shortages of labor. eQuipment or materials; vendor prlorlt:es and alloeatloM. fires, floods, adversct we;;ltller, Cle<:ldents and acts of God. · 4. 0 'Vner shall pay Contractor monthly progress payments on or before the tenth (10th) day of each month In thE amount of the total value of work completed plus the amount of' materials and eQuIpment stored on the proje:t: by the end of tt1e pt~ous month, less the aggregate of previous payments to Contractor" Final payrr ant shall be due when the work described In this Proposal Is substantially compteted. Sales of materials are pllYClble In cash on delivery of the goods and set"ltlces. · S. AI sums not paid wheJl due shall bear interest at the rate of 1.5% per month from due date until paId, ot'the maximum legal rate permitted by law, whichever Is less, If legal action Is required to collect on this Proposal, then :entr'acter shaJI recover from Owner all costs of collection, InclUdIng reasonable attorney's fees, Further, falluTI! by the Owner to tT1CIke any payment to Contractor as herein provIded, shaH allow the Contractor to stop wor!< without j:7rejudice to any ether remedy it may have. .6, () vner shall prepare all work areas so they are acceptable for COhlral;ton; work under this Proposal. Cootr !Id:ot' will not be c:alled UpOn to start work until suffldent areas are ready to rnsure <:ontlnued work until job camp elicn. The OWner represents and warrants lt1at It shatllDClrdinate the work and pert'onnal1Ce of It's own force!: and any other Contractor on fue site or related to Contractor's work 50 as not to delay, hinder or interf !re with Contractor's perfotmance thereof, and so lIS rwt to create additional costs to ContractDr.. If tr111 wort< of Contr.laor Is delayed, Interfered. suspended or otherwise Interrupted by Owner, or by any person or act wlthlr the power of Owner to control, then OWner shalf be lJable to Conlrclctor for any Increased or ~ded costs, Page 2 or 3 Z!JS-:f ZOO d 668-1 -w~~~ Wdv?:tn Jnn'-~'-'n Agenda Item No. 1686 March 27, 2007 Page 13 of 15 .7 C:ontriKtor gl.larantees aU workmanship and m~erlClls against defects fer a period of one yeal from the date of InstJlllatlon, ~t those Items carrying a manufacturer's warranty which are wananted to the extent of the rr!a[1l.1facbJrer's wattanty.. THIS WARRANTY' IS IN UEU OF ALL OTHfR WARRANTIES. EXPRESS OR IMP Jl:D, INa.UOING ANY WARRANTIES OF MERCHANTABIUTY OR FITNESS FOR A PARTICULAR PUR POSE. THi:!U: AAI: NO WARRANnCS WHICH EXTEND BEYOND THE DESCRIPnON ON PAGE ONE HEREOF, Contractor wlll not be responsible for special, InddentaJ, or consequential damages, Contractor stull not be responsible for damage to It's wOlf( by other patties. Any repair worle necessltated by Owner-caused dalT age will be considered 3$ an order For extra work. . B. (lwner shall advise Contractor In writing of any defect or deficiency In the work at the time it is observed, Afblr sl.lbstantlal completion of the work, Owner shall provlde a written list of any constnJcl:lon defects or deli4 ~endes to Conbactor within fifteen (15) days of recerpt of notice of substantlal completion from Contr<lctol'. ConlJ'actor Shall fl!medy those deficiendes within a feilSOnable time. .9. \ ~crk called for herein is to be performed during Contnlr;tor's regl.llar wot1dng houlS. OVertime rates will be charged for all work performed oumlcle such hours when requested or required by Owner, .10, All materials shall be furnished In accordance with the respective Industry tolerance of color variation, thidness, size. finish, texture and performance standards. · 11. NotwIthstandIng any provlslon contained In this Proposal or any of the contrcll:t documents for this con5lruction project, Contractor my file a lien Dr daim on It's behalf In the event: that any payment to Contractor Is nc t made as and when provided for by this Proposal.. ACCEPTED: 11le above prJces, spedflca Ions and conditions are satisfactory and hereby accepted, Buyer'; SIgnature: Date of Acceptance: CONFI~E~ Better Roads Inc. AuthorIzed Signature: Estimator: MIke Weaver (239) 597-2181 mlkew@betterroads.net 2123/200' 4:19:12 PM ZD8-~ P"ge 3 of 3 EOD.d 868-1 -I'/Oll'! ~rtv7.:vn Inn7.-~7.-7.n FES-ZZ-Z007 04:21PM FROM- proposal 2/20/2007 Submitted To: Collier County Transportation Operations Dept Address: 2705 Horseshoe Or. S. Naples, fL 34104 USA Contact: Daniel G Hall, P.Eo Phone: (239) 774-8494 Fax: (239) 659-5787 B.$ONNll:SS INC. R:l.~ lUI11.slll.-won.: Comrl\QOl,'I; 1990 Sell.'ara Avenue Naples. FloIida 34109 (~39) 597-6221 · (259) 597-7416 Fax WW\v.bonnessinc.com T-5T2 A~Vlol/:2lm ~ggl686 March 27,2007 Page 14 of 15 Estimate Number: 02022007 Bid Title; Radio Rd lmprovemElnts @ Livingston R.d Project l.ocatioo: East Naples Project City, State: Naples, fL Engineer/Architect: Daniel G, Hall, PE" JU;m # Jtem Description 01 - R04PWAY -''11-1 Mobilization J2-1 Maintenance Of Traffic: 102-76 Adv, Warning Arrow Panels 110-1-1 Standard Clearing & Grubbing 120-1 Excavation 120-6 Embankment 285-7 Asphalt Cone Base (ABC3-9") 331-72-10 ASphaltS-III (1") 331-72-20 Asphalt S-l (2") 520-1-10 Concrete Curb & Gutter (Type F) 522-2 Sidewall< G" 575-1-1 Sodding (Bahia) 700-40-1 Sign, SIngle Post 700-46-21 Existing Sign ReJocate 706.,3 RETRO-REFL,ECTIVE PAVEMENT MARKERS 710-29 REFLECTIVE PAINT (ISLAND NOSE) (WHITE) 711-3 PAVT MESSAGr:S THERMOPLASTIC 711-4 DIRECTIONAL ARROWS THERMOPlASTIC 711.' PAVT MARKING REMOVE THERMOPLASTIC 711-11-121 Trclffic Stripe, Solid, Thermo, 6" White 711-11-122 Traffic Stripe, Solid, Thermo, 8n White 711-11-123 Traffic Stripe, Solid, Thermo, 12" White 711-11-124 Traffic StrIpe, Solid, Thermo, IS" White ..211-11-125 Traffic Stripe, Solid, Thermo, 24" White 1-11-221 Traffic Stripe, Solid, Thermo, 6" Yellow 2/22/2007 3:11:56 PM Estimated Quantity Unit Un~ Price ~ Total Price i 1..00 LS $21,326,24 $2:1/326.24 1 .00 LS $20,351.82 $20,351.82 60,00 DY $22.58 $1,354,,80 1 ,00 LS $43,986.72 $43,986,,72 438..00 C( ~51.21 $22,429,98 302.00 CY $41.14 $12,424..28 1,33600 SY $56,$4 $75,938.24 1,336.00 SY $9,78 $13,066,08 1,336,00 5Y $14.93 $19.946,48 4,506.00 l.F $17.07 $76,91742 85,00 SY $80.72 $6,861.20 1,645,00 Sf $1..80 $2,961..00 5.,00 EACH $327,41 $1,637.05 2.aO EACH $112.90 $2.25.80 n..00 EACH ~6.77 $487 44 3.00 SY $1129 $33,87 2.00 EACH ~141.13 $282..26 19,00 EACH $95.97 ~1,823.43 1 ,00 SF $846,75 $846.75 1,157 .00 LF $0,91 $1,052 .S7 563 ,00 LF $1.13 $636,19 228..00 Lf p,.39 :p772,92 48.00 LF' $5.54 $270.72 33..00 Lf $7,,90 $2.60 70 4,36800 LF $0.91 $3,974.88 Page 1 01' Z FEB-22-2D07 04:21PM FROU- }30NNfSS iNC. l><l\1ih\: ....ld Srmwo,r];: ColuraaoC5 1990 Seward Avenue Naples. Florida 34109 (239) 597-6221 . (2!S9) S97-'74l6 Fax www,bonnesslnc"com T-572Agp~~/1JMn ~Cl1g1686 March '27, ~007 Page 15 of 15 Total Price fot' above 01 - R.OADWAY Items: 02 M SIGNALIZATION 555-1-2 DirectiOnal Bore 630.H2 Conduit f &. I Underground 632-6-1 Cable - SIgnal 635-1-11 Pull And Junction Boxes 635-1-31 Pull And Junction Boxes (Instatl Pull Box) 650-51..311 Traffic Si9nal F & r 3 Sect lway 650-54-311 Traffic Signal Relocate 3Sect lWay 653-191 Ped Signal 1 Wgy 653-192 Ped Slgnal 2 Way 659.101 Signal Head Aux Back Plates 3 Sed: 659-107 Signal Head AuxAll.1minum Pedestal 660-1-110 LoOp Detector 660-2-106 Loop Assembly 665.11 Ped Detector 670-5-410 Traffic Controller Assembly 699-1-31 Internally Illuminated Sign 700-4(}.1 Sign Single Post 290,GO LF 220..00 LF 500.00 lof 8.00 EACH 100 EACH 1.00 AMSY 100 AMBY 1-00 AMBY 100 AMBY 100 EACH 1,00 EACH 1.00 EACH 4,00 AM6Y 2 00 EACH 1.00 Af\I1BY 1 00 EACH 100 AMBY $37,37 $9.48 $9,26 $462,69 ~361..28 $1,908,02 ~1,004.81 $1,219.33 $2,190.28 $304,83 $1/72739 $575,80 $1,806.41 $293.53 ~2(258.00 ~1,625.77 $632 24 Total Price for abDve 02 - 51GNAUZATION ltems~ lotal Bid Price: PaymentTenns: Payment due within 3D days of date of invoice, regardless of when payment is made by Owner ACCEptED: The above prices. specjfications and conditions are satisfuctory and hereby accepted, Buyer Slgnature~ Date of Acceptance: CONFIRMED; Bonl'les5 Inc:. $329,869.14 $10,837.30 $2,085 60 $4,630.00 ~3170312 $361-28 $1,908.02 $1,004 .81 U,219.33 $2,190,28 ~304,83 $1,727 39 $575.80 $7,225 ,64 !p587.06 f;i2,258.QO $l,625.n $63224 $42,876.47 $372,745.61 Authori~------::._____ Signawre: --. . .----samator: Vie Bl . ~ ~ , . 2/22/2007 3;11;56 PM _. ~ .~ Agenda Item No. 16C1 March 27, 2007 Page 1 of 5 EXECUTIVE SUMMARY 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 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have paid in full for the 1991 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign these two Satisfactions of Lien for the 1991 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Item Number: Item Summary: Meedng Date: Agenda Item No. 16C1 March 27, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1 Recommendation to adopt a Resolution to approve the Salisfactions of Lien for Solid Waste residential accounts wherein the county has received payment and said Liens are satisfied in full for the 1991 Solid Waste Colleclion and Disposal Services Special Assessments. Fiscal impact is $30.00 10 record the Sat,sfaclions of Lien. 3127/20079:00:00 AM Revenue Supervisor Date Prepared By Pam Callis Public Utilities uses 31212007 3:54:49 PM Utility Billing Director Date Approved By John A. Yonkosky Public Utilities UBes 3/51200712:50 PM Revenue Manager Date Approved By Teresa Riesen Public UtiUties uses 31512007 12:52 PM Revenue Supervisor Date Approved By Pam Callis Public Utilities UBes 315/20072:35 PM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations 319120079:51 AM Date Approved By James W. Delony Public Utilities Public Utilities Administrator Publi'i' Utilities Administration 3/1212007 9:43 AM Administrative Assistant Date App roved By OMS Coordinator County Manager's Office Office of Management & Budget 3/12120071 :16 PM Randy Greenwald Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 311312007 4:56 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 3115120076:16 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3115/20079:29 PM Agenda Item No. 16C1 March 27,2007 Page 3 of 5 RESOLUTION NO. 2007 . A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 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 January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 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 1991; 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 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction 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 this Satisfaction of Lien individually in the official records of Collier County: Account No. 5953 17750 This Resolution adopted this _ day of second and majority vote ,2007, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 March 27, 2007 Page 4 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 01134802704 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: BIRD, HUBERT POBOX 72 COPELAND, FL 339260000 The Lien was recorded on the 1st day of February 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 135229 UNREC PAR 41 AND 42 DESC AS: COMM AT E 1/4 CNR SEC 13, N 68 DEG W 987.57FT, S 42 DEG W 37FT, N 52 DEG W 134.40FT, N 97FT, N 88 DEG W Folio No. Project No. Account No. 01134802704 60000 17750 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 day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C1 March 27, 2007 Page 5 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 00127562201 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: HALL, ALIDA VICTOR 3011 ALAMO DR IMMOKALEE, FL. 33934-0000 The Lien was recorded on the 1 st day of February 1993, in Official Record Book 1793, Pages 459 through 598, 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 ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 44729 E 60FT OF S 102.53FT OF N 632.53FT OF W 130FT OF E 1070FT OF N1/2 OF SE1/4 OF SE1/4 OR 1390 PG 2298 Folio No. Project No. Account No. 00127562201 60000 5953 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 day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney .- -- Agenda Item No. 16C2 March 27, 2007 Page 1 of 11 EXECUTIVE SUMMARY 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 $90.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. 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 residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the eight accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $90.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution approving the eight Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the eight Satisfactions of Lien for the 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. Item Number: Item Summary: Meeting Date: Agenda Item No. 16C2 March 27, 2007 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C2 Recommendat,on 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 Speciel Assessments. Fiscal impact is $90.00 to record the Sat,sfactions of Lien 3127/2007900:00 AM Revenue Supervisor Date Prepared By Pam Callis Public Utilities uses 312120073:51:09 PM John A. Yonkosky Utility Billing Director Date Approved By Public Utilities uses 3/51200712:51 PM Revenue Manager Date Approved By Teresa Riesen Public Utilities uscs 3/51200712:52 PM Pam Callis Revenue Supervisor Date Approved By Public Utilities uses 3/5/20072:35 PM Thomas Wides Operations Director Date Approved By Public Utilities Public Utilities Operations 3/9/20079:52 AM Public Utilities Administrator Date Approved By James W. OeLony Public Utilities Public Utilities Administration 3/12/2007 9:43 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3/12/2007 1: 17 PM Randy Greenwald Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3/13/20074:56 PM Michael Smyk'owski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 3/15/20076:12 PM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 3/15120079:35 PM RESOLUTION NO. 2007- Agenda Item No. 16C2 March 27, 2007 Page 3 of 11 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. 3625 4598 5856 13178 16955 17323 18937 26411 This Resolution adopted this _day of second and majority vote. , 2007, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attomey Agenda Item No. 16C2 March 27, 2007 Page 4 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 01134802704 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: BIRD, HUBERT 5301 19TH AVE SW NAPLES FL 341165631 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: 135229 UNREC PAR 41 AND 42 DESC AS: COMM AT E 1/4 CNR SEC 13, N 68 DEG W 987.57FT, S 42 DEG W 37FT, N 52 DEG W 134.40FT, N 97FT, N 88 DEG W Folio No. Project No. Account No. 01134802704 65000 3625 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel 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 Property Folio No. 24478240009 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: RUNKLE, STERLING G TRE 3 BOX 437 HANOVER, PA. 173310000 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: BONITA SHORES UNIT 1 BLK 7 LOT 22 OR 1268 PG 1489 Folio No. Project No. Account No. 24478240009 65000 4598 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C2 March 27, 2007 Page 5 of 11 Agenda Item No. 16C2 March 27, 2007 Page 6 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 66882480002 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: REYNA, RUDOLFO::::& EDNA PO BOX 275 IMMOKALEE FL 341430275 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 Fifty Two Dollars and Sixty Five Cents ($52.65), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BLK D LOT 4 OR 573 PG 481 Folio No. Project No. Account No. 66882480002 65001 5856 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C2 March 27,2007 Page 7 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 38050360005 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: KRYSEK, THOMAS J=& CINDY L S 3760 23RD AVE SW NAPLES FL 341176652 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: GOLDEN GATE EST UNIT 28 E 75FT OF TR 107 OR 1072 PG 307 Folio No. Project No. Account No. 38050360005 65000 13178 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel 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 Property Folio No. 48783480006 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: COLLINS, JOHN IRVEN 3050 ANDREWS AVE NAPLES,FL 341127302 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: HALLEN DALE LOT 95 OR 2057 PG 604 Folio No. Project No. Account No. 48783480006 65000 16955 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C2 March 27, 2007 Page 8 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 50891400102 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: JOHNSON, ERNEST A=& BARBARA K 2772 HOLLY AVE NAPLES, FL 341127300 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: HOLLY TERRACE LOT 49 OR 1746 PG 2311 Folio No. Project No. Account No. 50891400102 65000 17323 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C2 March 27, 2007 Page 9 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 55701640002 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: RAYMER, VINCENT 0 2832 LINDA DR NAPLES,FL.341126373 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: LINDA PARK LOT 42 + W 25FT LOT 43 OR 1809 PG 2318 Folio No. Project No. Account No. 55701640002 65000 18937 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C2 March 27. 2007 Page 10 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 67390861426 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: MOSCA,PATRICIA A 830 MEADOWLAND DR APT G NAPLES, FL 341082548 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: PINE RIDGE 2ND EXT REP BLK B A PORT OF LOT 2 NKA 16- 5 PH II PELICAN RIDGE (HO) DESC IN OR 1327 PG 1819 Folio No. Project No. Account No. 67390861426 65000 26411 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C2 March 27, 2007 Page 11 of 11 ,,'''''''" .-. Agenda Item No. 16C3 March 27, 2007 Page 1 of 22 EXECUTIVE SUMMARY 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. Fiscal impact is $200.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 1, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. 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 residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the nineteen accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $200.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the nineteen Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the nineteen Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. Item Number: Item Summary: Meeting Date: Agenda Item No. 16C3 March 27, 2007 Page 2 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C3 Recommendat,on 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 Wasle Collection and Disposal Serv,ces Special Assessments Fiscal impact is $200.00 to record the Salisfactlons of Lien. 3/27/20079:00:00 AM Date Prepared By Pam Callis Public Utilities Revenue Supervisor UBCS 3/212007 3:55:43 PM Utility Billing Director Date Approved By John A. Yonkosky Public Utilities UBCS 315/2007 12:50 PM Revenue Manager Date Apprvved By Teresa Riesen Public Utilities uses 3/51200712:52 PM Pam Callis Date Apprvved By Public Utilities Revenue Supervisor uses 3/5/2007 2:34 PM Approved By Thomas Wides Public Utilities Operations Director Date PubliC Utilities Operations 3/912007 9:50 AM Public Utilities Administrator Date Approved By James W. DeLony Public Utilities Public Utilities Administration 3112120079:42 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3/12120071 :16 PM Management/Budget Analyst Date Approved By Randy Greenwald County Manager's Office Office of Management & Budget 3113120074:55 PM Michael Smykowskl Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 3115120076:16 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3115/20079;25 PM RESOLUTION NO. 2007- Agenda Item No. 16C3 March 27, 2007 Page 3 of 22 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 County: Account No. 26 110 709 2448 3780 4815 5296 14368 14711 15859 16337 18872 19240 20941 23074 24617 27863 28574 28927 This Resolution adopted after this _day of majority vote. , 2007 after motion, second and ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attomey This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 00051480006 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: BENNETT EST, DAVID H % ANITA BENNETT 657 N US31 SHARPSVILLE, IN 460680000 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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 184628 N1/2 OF FOLL, N 200FT OF S 910FT, LESS W 392FT OF W1/2 OF SE1/4 OF SW1/4 Folio No. Project No. Account No. 00051480006 66000 26 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27, 2007 Page 4 of 22 Agenda Item No. 16C3 March 27, 2007 Page 5 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 00104440003 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: DAVIDSON, GERALD K 4273 20TH AVE SW NAPLES FL 341166407 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 Twenty Six Dollars and Sixty Six Cents ($26.66) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 254727 W1/2 OF NE1/4 OF NW1/4 OF SE1/4 LESS S 30FT Folio No. Project No. Account No. 00104440003 66001 110 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 _ day of 2007_ ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27,2007 Page 6 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 26086360007 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: BROWNING, RICHARD K=& BEVERLY PO BOX 484 CHOKOLOSKEE FL 341380484 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 Seventy Eight Dollars and Ten Cents ($78.10) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CHOKOLOSKEE 31 53 30 COM CL SW CNR OF NW1/4 OF NW1/4 SEC 31, RUN S 742.7FT, S 83DEG E 269.64FT, N 18DEG E 25.53FT TO POB, CONT N 18DEG E 100FT, N Folio No. Project No. Account No. 26086360007 66001 709 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel 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 Property Folio No: 37540280007 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: BROWN, RUSSELL C 830 16TH AVE NW NAPLES FL 341206312 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 Seventy Eight Dollars and Ten Cents ($78.10) 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 19 N 410 FT OF TR 7 Folio No. Project No. Account No. 37540280007 66001 2448 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27, 2007 Page 7 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 01134802704 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: BIRD, HUBERT 5301 19TH AVE SW NAPLES FL 341165631 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: 135229 UNREC PAR 41 AND 42 DESC AS: COMM AT E 1/4 CNR SEC 13, N 68 DEG W 987.57FT, S 42 DEG W 37FT, N 52 DEG W 134.40FT, N 97FT, N 88 DEG W Folio No. Project No. Account No. 01134802704 66000 3780 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27, 2007 Page 8 of 22 Agenda Item No. 16C3 March 27,2007 Page 9 of 22 This instrument prepared by: Robert Zachary Assistant Cou nty Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 24478240009 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: RUNKLE, STERLING G TRE 3 BOX 437 HANOVER PA 173310000 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: BONITA SHORES UNIT 1 BLK 7 LOT 22 OR 1268 PG 1489 Folio No. Project No. Account No. 24478240009 66000 4815 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27, 2007 Page 10 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 68097920009 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: MITCHELL, LEROY JOHN 3391 TOLEDO WAY NAPLES FL 341052767 The Lien was recorded onthe 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 Seventy Eight Dollars and Ten Cents ($78.10) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: POINCIANA VILLAGE UNIT 2 BLK L LOT 11 Folio No. Project No. Account No. 68097920009 66001 5296 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 _ day of 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27,2007 Page 11 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 37984200009 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: VilLANUEVA, WllLlAM=& MINERVA 3471 19TH AVE SW NAPLES, Fl. 341176135 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 27 W 75FT OF E 150FT OF TR 50 OR 1338 PG 2218 Folio No. Project No. Account No. 37984200009 66000 14368 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27, 2007 Page 12 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 38050360005 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: KRYSEK, THOMAS J=& CINDY L S 3760 23RD AVE SW NAPLES FL 341176652 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 28 E 75FT OF TR 107 OR 1072 PG 307 Folio No. Project No. Account No. 38050360005 66000 14711 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 _ day of 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attomey Agenda Item No. 16C3 March 27, 2007 Page 13 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 39200460000 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: BAG NOLI, MICHAEL T=& DEBRA J 481 10TH ST SE NAPLES, FL 341179356 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 S 1/2 OF TR 10 OR 1716 PG 9 Folio No. Project No. Account No. 39200460000 66000 15859 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27,2007 Page 14 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 39326960002 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: PIERRE, PHILLIP L 5416 HEMINGWAY CIR #3001 NAPLES, FL 341160000 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 50 N 75FT OF 150FT OF TR 67 OR 1848 PG 994 Folio No. Project No. Account No. 39326960002 66000 16337 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27,2007 Page 15 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 48783480006 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: COLLINS, JOHN IRVEN 3050 ANDREWS AVE NAPLES FL 341127302 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: HALLEN DALE LOT 95 OR 2057 PG 604 Folio No. Project No. Account No, 48783480006 66000 18872 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attomey Agenda Item No. 16C3 March 27, 2007 Page 16 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 50891400102 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: JOHNSON, ERNEST A=& BARBARA K 2772 HOLLY AVE NAPLES FL 341127300 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: HOLLY TERRACE LOT 49 OR 1746 PG 2311 Folio No. Project No. Account No. 50891400102 66000 19240 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27, 2007 Page 17 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 56401520007 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: GALLEGOS, GENOVEVA M 320 ROSE AVE IMMOKALEE FL 341424143 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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE W 40FT OF E 480FT OF N 94.58FT OF TRACT A Folio No. Project No. Account No. 56401520007 66000 20941 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27, 2007 Page 18 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 61431160008 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: KRAMER, KURT W 3090 CONNECTICUT AVE NAPLES FL 341123800 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: NAPLES BETTER HOMES BLK 3 LOT 15 OR 1649 PG 2153 Folio No. Project No. Account No. 61431160008 66000 23074 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel 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 Property Folio No: 62205960006 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: JOSEPH,THERESA A VIL NOEL 5370 HOLLAND ST NAPLES FL 341138758 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: NAPLES MANOR EXT BLK 8 LOT 18 Folio No. Project No. Account No. 62205960006 66000 24617 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27, 2007 Page 19 of 22 Agenda Item No. 16C3 March 27, 2007 Page 20 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 65171120003 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: PINCKNEY, THOMAS LEE 104 GLENWOOD ST IMMOKALEE FL 341424230 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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIDGE UNIT 2 LOT 74 Folio No. Project No. Account No. 65171120003 66000 27863 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27,2007 Page 21 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 66882480002 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: REYNA, RUDOLFO=& EDNA PO BOX 275 IMMOKALEE FL 341430275 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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BLK D LOT 4 OR 573 PG 481 Folio No. Project No. Account No. 66882480002 66000 28574 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C3 March 27, 2007 Page 22 of 22 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 67390861426 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: MOSCA, PATRICIA A 830 MEADOWLAND DR APT G NAPLES FL 341082548 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: PINE RIDGE 2ND EXT REP BLK B A PORT OF LOT 2 NKA 16-5 PH II PELICAN RIDGE (HO) DESC IN OR 1327 PG 1819 Folio No. Project No. Account No. 67390861426 66000 28927 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 _ day of 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney e-"'".~,~ ......-... ~- Agenda Item No. 16C4 March 27,2007 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $127.00 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes Satisfactions for the Agreement To Extend Installment Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $2,645.00 and sewer impact fee (Fund 413) by $10,730.00. The fiscal impact for recording the Satisfactions of Lien is approximately $127.00, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Item Number: Item Summory: Meeling Dote: Agenda Item No. 16C4 March 27. 2007 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 Recommendation to approve, execute and record Satisfections for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $127.00 to record the Sat'sfactions of lien. 3/27/2007900:00 AM Revenue Supervisor Date Prepared By Pam Callis Public Utilities uses 3/2/20073:49:35 PM Utility Billing Director Date Approved By John A. Yonkosky Public Utilities uses 3/5/200712:52 PM Revenue Manager Date Approved By Teresa Riesen Public Utilities uses 315/2007 12:53 PM Revenue Supervisor Date Approved By Pam Callis Public Utilities uses 3/5120072:36 PM Operations Director Date Approved By Thomas Wides Public Utilities Public Utilities Operations 319/20079:55 AM Public Utilities Administrator Date Approved By James W. Delany Public Utilities Public Utilities Administration 3/12/2007 9:44 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3112/2007 1: 18 PM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3116/20072:21 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 3/19/20078:39 AM App roved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/20/2007 8:23 PM Agenda Item No. 16C4 March 27,2007 Page 3 of 16 EXHIBIT" A" 1. Leo M. Armstrong and Linda L. Armstrong, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81626880005. 2. Christopher Karl Becker and Bonny Sue Becker, husband and wife, securing the principal balance of six hundred forty five dollars and no cents ($645.00). Folio #81621000000. 3. George E. Belcher, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00), Folio #81629480004. 4. John J. Chisholm and Donna L. Chisholm, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180,00). Folio #48484880002. 5. Judy Lynn Howard, daughter and residual beneficiary, securing the principal balance of two thousand six hundred forty five dollars and no cents ($2,645.00). Folio #00729880006. 6. Jay W. Kowalski and Sandra Kowalski, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48483160008. 7. Irving L. Larson and Violet H. Larson, husband and wife, securing the principal balance of six hundred forty five dollars and no cents ($645.00). Folio #00734520005. 8. Robert H. Lohnes and Linda G. Lohnes, husband and wife, securing the principal balance of one thousand, one hundred eighty dollars and no cents. ($1,180.00) Folio #48480040008. 9. Robert Mello and Beverly Mello, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48481320002. 10. Joseph Edward Ruppert, a single person, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #68890520004. 11. Richard J. Wayman and Jean Wayman, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00), Folio #81626760002. Agenda Item No. 16C4 March 27,2007 Page 4 of 16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 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: Leo M Armstrong and Linda L Armstrong, Husband and Wife Whose mailing address is 201 Grassy Key Lane Naples, FI 34114-8404 Bearing the date of the 18th day of August 1999, recorded in Official Record Book 2582 Page(s) 2947, 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 172, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN O.R., BOOK 630, PAGES 1883-1912, INCLUSIVE, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TOGETHER WITH A 1976 CHAT MOBILE HOME I.D. #44134A AND 1976 CHAT MOBILE HOME I.D. #44134B FOLIO NUMBER: 81626880005 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 _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK 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 Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 March 27,2007 Page 5 of 16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 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: Christopher Karl Becker and Bonny Sue Becker, husband and wife Whose mailing address is 141 Pine Key Ln. Naples, FL 34114 Bearing the date of the 7th day of September 1999, recorded in Official Record Book 2589 Page(s) 0898, 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 Six Hundred Forty Five Dollars and No Cents ($645.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 25, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, AS MORE FULLY SHOWN IN OFFICIAL RECORDS BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81621000000 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 _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK 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 Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 March 27,2007 Page 6 of 16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 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: George E. Belcher Whose mailing address is 251 Matecumbe Lane Naples, FI. 34114 Bearing the date of the 23th day of August 1999, recorded in Official Record Book 2584 Page(s) 0438, 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. 237, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO BE SAID PROPERTY. FOLIO NUMBER: 81629480004 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 _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK 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 Approved as to form and legal sufficiency: David C. Weigel County Attomey JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 March 27, 2007 Page 7 of 16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 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: John J Chisholm and Donna L. Chisholm, husband and wife Whose mailing address is POBox 897 Marshfield, Ma 02050 Bearing the date of the 27th day of July 1999, recorded in Official Record Book 2574 Page(s) 2671, 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 # G-102, GULF WINDS EAST, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK508, PAGES 165-225 & SURVEYORS CERT. & OTHER AMENDMENTS THERETO, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ANY AMENDMENTS THERETO, TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED IN THE DECLARATION OF CONDOMINIUM. FOLIO NUMBER: 48484880002 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 _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK 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 Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 March 27,2007 Page 8 of 16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 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: Judy Lynn Howard, daughter and residual beneficiary Whose mailing address is 128 Price Street Naples, FI 34113 Bearing the date of the 21 st day of November 2003, recorded in Official Record Book 3448 Page(s) 2691, 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 Two Thousand Six Hundred Forty Five Dollars and No Cents ($2,645.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE EAST Yo OF SOUTHEAST % OF NORTHEAST % OF NORTHEAST % OF SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH 30 FEET FOR RIGHT-OF-WAY. FOLIO NUMBER: 00729880006 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 _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK 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 Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 March 27, 2007 Page 9 of 16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (239) 774-8400 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: JAY W KOWALSKI AND SANDRA KOWALSKI, HUSBAND AND WIFE Whose mailing address is 6123 DELLWOOD DR TOLEDO, OHIO 43613 Bearing the date of the 7th day of September 1999, recorded in Official Record Book 2589 Page(s) 0943, 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. B-104 OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4, AT PAGES 153-154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO-RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICAL RECORDS BOOK 508, AT PAGES 165 THROUGH 224,INCLUSIVE, AS RECORDED IN OFFICAL RECORDS BOOK 942, PAGE 52 THROUGH 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ANY AMENDMENTS THERETO. FOLIO NUMBER: 48480880006 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 _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER Agenda Item No. 16C4 March 27,2007 Page 10 of 16 COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel County Attomey JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 March 27, 2007 Page 11 of 16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 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: IRVING L. LARSON AND VIOLET H. LARSON HUSBAND AND WIFE Whose mailing address is 2406 SO. 7TH AVE. NORTH RIVERSIDE, IL 60546 Bearing the date of the 23RD day of AUGUST 1999, recorded in Official Record Book 2584 Page(s) 0423, 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 Six Hundred Forty Five Dollars and No Cents ($645.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: DESCRIPTION OF LOT 10,/BLOCK F, RIVERWOOD UNIT NO.3 AN UNRECORDED SUBDIVISION. COMMENCE AT THE SOUTHEAST CORNER OF LOT 9, BLOCK D, RIVERWOOD UNIT NO.2 AS RECORDED IN PLAT BOOK 10, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN SOUTH 00039' 34" WEST 60.00 FEET; THENCE SOUTH 890 20' 26" EAST 550.00 FEET ALONG THE SOUTH BOUNDARY OF ROOKERY ROAD TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89020' 26" EAST 60.00 FEET; THENCE SOUTH 000 39' 34" WEST 110.00 FEET; THENCE NORTH 890 20' 26" WEST 60.00 FEET; THENCE NORTH 000 39' 34" EAST 110.00 FEET TO THE POINT OF BEGINNING. THE SOUTHERLY 10.00 FEET RESERVED FOR A UTILITY EASEMENT. ALSO INCLUDED IS A 1975 SKYLINE MOBILE HOME (12' )( 60'), 10# 0161170J, TITLE# 10788493. FOLIO NUMBER: 00734520005 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 _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE Agenda Item No. 16C4 March 27, 2007 Page12of16 GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 March 27, 2007 Page13of16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 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: Robert H Lohnes and Linda G Lohnes, husband and wife Whose mailing address is 37 Meadow Ln Apt 1 Bridgewater, Ma 02324 Bearing the date of the 15111 day of September 1999, recorded in Official Record Book 2592 Page(s) 0709, 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: THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF APARTMENT 101, BUILDING A, GULF WINDS EAST, UNIT NO.1, AND TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO ACCORDING TO THE DECLARATION OF CONDOMINIUM AS RECORDED IN OFFICIAL RECORD BOOK 508, PAGES 165 THROUGH 224, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS MAY BE AMENDED. FOLIO NUMBER: 48480040008 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 _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK 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 Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 March 27, 2007 Page 14 of 16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 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: Robert Mello and Beverly Mello, husband and wife Whose mailing address is POBox 19306 Johnston, RI 02919 Bearing the date of the 2th Day of July 1999, recorded in Official Record Book 2574 Page(s) 2681, 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: THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF APARTMENT B-303 OF UNIT NO.1, TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO, IN ACCORDANCE WITH, AND SUBJECT TO THE PROVISIONS OF THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, UNIT 1, AS RECORDED IN O.R. BOOK 508, AT PAGES 165 THROUGH 225, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48481320002 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 _ day of , 2007. 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 ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE Agenda Item No. 16C4 March 27, 2007 Page 15 of 16 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: Joseph Edward Ruppert, A Single Person Whose mailing address is 13 Grosbeak Ln Naples, FI. 34114 Bearing the date of the ih day of September 1999, recorded in Official Record Book 2589 Page(s) 0878, 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. 13, OF QUAIL ROOST, UNIT 1, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM, RECORDED IN OFFICIAL RECORDS BOOK 980, PAGES 1634 THROUGH 1723, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCES THERETO ACCORDING TO SAID DECLARATION AND SUBJECT TO ALL PROVISIONS OF SAID DECLARATION, TOGETHER WITH ANY AMENDMENTS, TO DATE, THERETO. ALSO, AN UNDIVIDED 1/62nd INTEREST IN THE LANDS, WHICH INTEREST SHALL HEREAFTER BE DEEMED AN APPURTENANCE TO SAID UNIT AND SHALL NOT BE SUBJECT TO PARTITION, OR CONVEYANCE, SEPARATE FROM SAID UNIT. TOGETHER WITH A 1984 FLEETWOOD BROOKFIELD 26 X 40 MOBILE HOME, SERIAL NUMBER FLFL2A&B E043205459 INCLUDING ALL ATTACHMENTS AND IMPROVEMENTS THEREOF. FOLIO NUMBER: 68890520004 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 _ day of , 2007. A TIEST: DWIGHT E. BROCK, CLERK 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 Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 March 27, 2007 Page 16 of 16 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 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: Richard J. Wayman and Jean Wayman, husband and wife Whose mailing address is 220 Sugarloaf In Napes, FI. 34114 Bearing the date of the 17th day of December 1999, recorded in Official Record Book 2622 Page(s) 0932, 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. 169, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883, THROUGH 1932, INCLUSIVE, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. FOLIO NUMBER: 81626760002 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 _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK 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 Approved as to form and legal sufficiency: David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 March 27,2007 Page 1 of 9 Executive Summary Recommendation to award Bid Number 07-4114 "Henderson Creek Subdivision Water Distribution Improvements" in the amount of $775,081.65 to Kyle Construction Incorporated, to complete the rehabilitation of the water distribution system to service the Henderson Creek Subdivision, Project 710101. OBJECTIVE: To obtain Board approval to award Bid Number 07-4114 to complete the rehabilitation of the water distribution system to service the Henderson Creek Subdi vision. CONSIDERATIONS: This Project is consistent with the 2006 Water Master Plan Update adopted by the Board of Collier County Commissioners on June 6, 2006 under Item 10(B). The Board previously approved a work order for the design of this project with Boyle Engineering Company at the May 9, 2006 meeting, Agenda Item 16(C)5, in the amount of $180,280. ,r'.....-~ The current water distribution system that services this area was constructed in the 1960's and was included into the Collier County Water District in 1982. The area has had an increasing number of system failures and is reaching the end of its useful life expectancy. The project includes the installation of new water mains, service lines, and additional fire hydrants to improve fire protection. The project includes a second water main to service this area, resulting in a looped feed that will decrease service interruptions and staff time spent flushing the system to maintain water quality. The bid for Henderson Creek Subdivision Water Distribution Improvements was posted on February 5, 2007. Bids were publicly opened on March 2, 2007. Seven bids were received as follows: Company Total Kyle Construction Incorporated $ 775,081.65 Mitchell and Stark Construction Co. Inc. $ 812,170.00 Alliance Steel Construction, Inc. $1,079,735.00 Douglas N. Higgins, Inc. $1,287,280.00 Ackerman Corporation $1,369,045.00 John Carlo, Incorporated $1,441,673.49 ADJ Excavating of Florida, Incorporated $2,318,080.00 The Engineer's estimate for this work was $1,428,804. The design professional's recommendation letter, dated March 07, 2007 is attached. The selected contractor has satisfactory performance records on previous projects involving similar work. ---.. FISCAL IMPACT: The total amount of funds required for this obligation is $775,081.65. Funds in this amount are available in project 710101. The source of funds is Water U ser Fees. Executive Summary Award of Bid 07-4118 Agenda Item No. 16C5 March 27, 2007 Page 2 of 9 GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the viability of public facilities. RECOMMENDA TIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, award Bid Number 07- 4118 "Henderson Creek Subdivision Water Distribution Improvements" to Kyle Construction Incorporated in the amount of $775,081.65. Prepared By: Pamela Libby, Water Operations Manager ,"'''''''''' Item Number: Item Summary: Meeting Date: Agenda Item No. 16C5 March 27, 2007 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 Recommendation to award Bid Number 07 -4114 Henderson Creek Subdivision Water D,stribution Improvements in the amount of $775,081.65 to Kyle Construct/on Incorporated, to complete the rehabilitation of the water distribution system to service the Henderson Creek Subdivision, Project 710101 3/27/20079.00:00 AM Water Operations Manager Date Prepared By Pamela Libby Public Utilities Water 3/5/2007 2:11 :43 PM Pamela Libby Water Operations Manager Date Approved By Public Utilities Water 3/5/2007 2:13 PM Approved By Paul Mattausch Public Utilities Water Director Date Water 3/5/2007 4:45 PM Purchasing Agent Date Approved By Jack P. Curran Administrative Services Purchasing 3/8/2007 3:58 PM Thomas Wides Operations Director Date Approved By Public Utilities Public Utilities Operations 319120079:53 AM Mike Hauer Acquisition Manager Date Approved By Administrative Services Purchasing 3/9/2007 2:07 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Onte Purchasing 3112/20072:27 PM Date Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration 3/13120079:24 AM Administrative Assistant Date App roved By OMS Coordinator County Manager's Office Office of Management & Budget 3/14/20078:28 AM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3/16/20074:17 PM Michael Smykowski Date A pp roved By County Manager's Office Management & Budget Director Office of Management & Budget 3119120078:50 AM Approved By James V. 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E .... Q) co ~ c: o .00 .:;; '6 ..0 :::::l (/) ~ Q) Q) u c: o CIl .... Q) -0 c: Q) ~ co .... .... -.T I I'- o ~ o co Agenda Item No. 16C5 March 27, 2007 Page 8 of 9 BOI,ILE 4415 Metro Parkway, Suite 404 Fort Myers, FL 33916 TEL: (239) 278.7996 FAX: (239) 278-0913 www.boyleengineering.com Ms. Pam Libby Water Operations Manager COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT 4370 Mercantile Ave. Naples, Florida 34104 March 8,2007 22]25.00 Henderson Creek Subdivision Water Distribution Improvements Collier Counh Bid No. 07-4118 Letter of Recommendation to Award Contract Dear Ms. Libby: Collier County received and opened seven (7) bid proposals on March 2, 2007 for the above. referenced project. On March 5, 2007 we received the attached bid tabulation from the County for evaluation. A summary of the bid totals is as follows: Bidder Bid Amount Kyle Construction $775,081.65 Mitchell & Stark $812,170.00 Alliance Steel Construction $1,079,735.00 D.N. Higgins $1,287,280.00 Akerman Construction $1,369,045.00 Jolm Carlo $1,441,673.49 ADJ Excavating $2,318,080.00 The apparent low bidder is Kyle Construction, Inc. The Engineer's estimate of probable construction cost, excluding contingency, is $1,298,900. Based on the information provided to the County with the bid, Boyle recommends award ofthis project to Kyle Construction in the amount of $775,081.65. Letlcr of Rccommclldation Agenda Item No. 16C5 March 27,2007 Page 9 of 9 Ms. Pam Libby Page 2 March 8, 2007 We appreciate the opportunity to assist the County on this project. If you have any questions, or if you require any additional information please contact me. Very truly yours, Ie Engineering Corporation G?~l Ronald R. Cavalieri, P.E.~ BCEE Principal Engineer Enclosures: Bid Tabulation 22 I 25..00/RC tLETTER Of RECOMMENDA TION.DOC ","'''''' Agenda Item No. 16C6 March 27, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07-4088, project 73050. OBJECTIVE: The public purpose of this project is to structurally restore and to eliminate extraneous flows to the sanitary sewers and manholes thereby enhancing the performance of the County's wastewater system. The action requested is to award annual contract agreements for trenchless sewer system rehabilitation contractors who will be utilized on an as needed basis. CONSIDERA TIONS: The Public Utilities Division has a continuing need to perform sewer system rehabilitation for faulty sewer pipelines. In many locations pipelines are deteriorated and antiquated, therefore badly needing repair. The Division has had favorable experience with the trenchless technology method of repair, in lieu of conventional excavation and repair techniques. With trenchless technology, the whole sewer length from manhole to manhole is relined and service laterals reconnected. The trenchless sewer method achieves the goal of reducing groundwater infiltration, thus reducing unnecessary hydraulic loads on the County wastewater treatment plants which is inefficient and can reduce treatment capacities. The trenchless sewer rehabilitation method also reduces construction inconvenience to sewer customers and the public. Staff will identify projects requiring the applicable trenchless rehabilitation method and issue work orders to initiate the project concurrent with procedural approval from the Purchasing Department. The bid documents were prepared for three different categories of trenchless sewer rehabilitation methods with a mandatory fourth category for common tasks applicable to all the three methods oftrenchless sewer rehabilitation. A bidder was free to bid more than one category but would be evaluated on a category-by-category basis for lowest bid and the experience qualifications required as specified for each category. The three main categories are: 1) Category A: Cured-in-Place Pipe Lining Contractor. 2) Category B which is subdivided into two alternate materials: Fold-and-Form using HDPE Pipe Lining Contractor (B1) or Fold-and-Form using PVC Pipe Lining Contractor (B2). 3) Category C: Pipe Bursting Contractor (This technique is used to locally burst the existing pipe in place and a new product pipe is simultaneously pulled in behind). An additional category, Category D was work common to all the three main trenchless rehabilitation categories. On November 22, 2006, two hundred twenty-three invitations to bid this project were issued of which twenty-one showed interest by requesting a package. On December 20, 2006, seven bids were received as follows from Williams Testing, Southeast Pipe Survey Inc., Reynolds Inliner, American Infrastructure Corporation, Insituform Technologies, Inc., Miller Pipeline Corporation, and HERC Products, Inc. This is a similar response from the last bid, twenty-nine invitations were sent out and ten bids were received. The seven bidders bid on one or more of the three Categories A, B, and C, as indicated in the table below and the attached bid tabulation. Upon <.',.,....., Agenda Item No. 16C6 March 27, 2007 Page 2 of 8 review of the seven bids, the following firms are being recommended for selection in each of the following three categories: Category A: Four bids were received of which Miller Pipeline Corporation was the lowest qualified bidder followed closely by Reynolds Inliner. Staff recommends awarding contracts to Miller Pipeline Corporation as the primary contractor for the Cured-in-Place Pipe Contract with Reynolds Inliner as the secondary contractor. In the event the primary contractor is not available to do the work or does not meet the contract requirements, the secondary contractor will be utilized. Category B: Two bids were received of which one utilized PVC (polyvinyl) pipe material and one utilized HDPE (high density polyethylene) fold-and-form pipe. Miller Pipeline Corporation utilizing PVC fold-and-form pipe was the lowest qualified bidder. Staff recommends awarding the Fold-and-Form Pipe Lining Using HDPE (B1) Contract to Reynolds Inliner and the Fold- and-Form Pipe Lining Using PVC (B2) Contract to Miller Pipeline Corporation. Category C: One bid was received of which HERC Products, Inc. was the one and only qualified bidder. Staff recommends not awarding the Pipe Bursting Contract in this contract period. Bid Category Bidder (Unit Price Totals) A Bl B2 1. Williams Testing (Not Qualified) - - - 2. Southeast Pipe Survey lnc $5.230.00 - - 3. Reynolds lnliner $457.02 $390.02 - 4. American Infrastructure Corporation Not Qualified - linear feet - - 5. lnsituform Technologies, Inc. $504.00 - - 6. Miller Pipeline Corporation $428.50 - $382 Category D: Staff recommends awarding the work common to the entire main trenchless rehabilitation categories contract to all awarded bidders, Miller Pipeline Corporation and Reynolds lnliner. Staff recommends authorizing the Public Utilities Engineering Department Director to approve work orders as addressed within this summary. The contract period is for one year with three one-year renewal periods at the County's option. This project is consistent with the 2005 Wastewater Master Plan adopted by the Board in June 6,2006 as Agenda Item 10(B). FISCAL IMPACT: The annual fiscal impact is planned to be $2,000,000. These funds are available in the FY07 Capital Budget approved by the Board of County Commissioners on September 21, 2006. Funds are budgeted in the Wastewater Department Project 73050 for County Sewer Capital Projects under Fund 414. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public sanitary sewers and manholes. A"'....<'.... Agenda Item No. 16C6 March 27, 2007 Page 3 of 8 RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District. Approve the recommended selection of the two firms, in Category A Miller Pipeline Corporation with Reynolds lnliner as the secondary contractor, Reynolds lnliner in Category B 1, Miller Pipeline Corporation in Category B2, and both firms in Category D, as described above for annual trenchless sewer rehabilitation contracting services pursuant to Bid No. 07-4088. Authorize the county manager or his designee to execute the contracts. PREPARED BY: James Sainvilus, Public Utilities Engineering Project Manager ,- f Item Number: Item Summary: Meeting Date: Agenda Item No. 16C6 March 27, 2007 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G6 Recommendation to award annual contracts to selected firms for trenchless sewer system rehabilitat,on contracting services per bid 07 -4088, project 73050. 3/27/20079:00:00 AM Date Prep. red By James Sainvilus Public Utilities Engineering Tech Public Utilities Engineering 3/9/2007 1 :56:35 PM Purchasing Agent Date Approved By Jack P. Curran Administrative Services Purchasing 3/9/20072:17 PM Mike Hauer Date Approved By Administrative Services Acquisition Manager Purchasing 3/9/20072:19 PM App roved By Thomas Wides Public Utilities Operations Director Date Public Utilities Operations 319/2007 3:57 PM Stephen L. Nagy Wastewater Collections Manager Date Approved By Public Utilities WasteWater 3/12/20077:46 AM Approved By William 0, Mullin, PE Public Utilities Principal Project Manager Date Public Utilities Engineering 3112/2007 8:59 AM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasrng 3112/20072:18 PM WasteWater Director Date Approved By G. George Yilmaz Public Utilities WasteWater 311312007 8:39 AM Ron Molly Date Approved By Public Utilities Operations Manager Wastewater 3/13/20079:21 AM Approved By Roy B. Anderson, P,E. Public Utilities Public Utilities Engineering Director Date Public Utilities Engineering 3113/200712:04 PM Date Approved By James W. DeLony Public Utilities Public Utilities AdmInistrator Public UtilitIes Administration 3/14/20072:53 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3115/20077:46 AM Susan Usher Date Approved By County Manager's Office Senior Management/Budget Analyst Office of Management & Budget 3120{2007 10:05 AM Approved By M ichaet Smykowskl County Manager's Office Management & Budget Director Date Office of Management & Budget 3/20/2007 5:08 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3/21/20071:19 PM <OI'-CO 00.... <oOCO.....1'- ..-N~c:"!-C . - "cQ) o I'- f'- > N CC.- Z Cl~ E 13 tm .5 e 0)'--(1)..... ==co~:3~ :2:., :J -- co 0 c-CC -0 ZQ)- c: 0::: 0 ~ '0 .0 <( ~Z o Z Q) o .~ Q) en Cl c: n to .... "E o (J c: .Q ~ :c to ~ Ql 0::: E Ql - II) >. en .... 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"C '"0 CD aJ CD CD ED I-::!E <t:<t: ... - N I') ... ~""; N C') ..; ..; ..; ..; C Q C C C c ci3 '.'~ Agenda Item No. 16C7 March 27,2007 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve execution of a Proposal to Provide Utility Consulting Services, at a cost to the County not to exceed $9,500, to assist the Collier County Water-Sewer District ("District") and the Florida Governmental Utility Authority ("FGUA") to establish bulk wastewater service rates and impact fees for the District to provide wastewater treatment services to FGUA at bulk rates whereby the FGUA can meet additional service demand from the FGUA service area. OBJECTIVE: The public purpose of this request is to obtain approval from the Board of County Commissioners ("Board") to execute the attached Proposal to Provide Utility Consulting Services with Public Resources Management Group, Inc., to establish bulk wastewater service rates and impact fees for the District to provide wholesale (bulk rate) wastewater treatment service to the FGUA service area on a long-term basis. CONSIDERATIONS: The FGUA is studying its alternatives to provide additional wastewater treatment capacity because of additional demand in the service area. The scope of this project will include Public Resources Management Group, Inc., providing utility consulting services on behalf of the District and the FGUA, to develop bulk wastewater service rates and appropriate wastewater impact fees.. The FGUA has approached the County's Public Utilities' staff to request that the District consider an interconnect with the FGUA wastewater system to provide bulk wastewater treatment. It was agreed, subject to this Board's approval, that these consulting services would be appropriate and necessary if the District is to provide these services to the FGUA. The consultant, Rob Ori of PRMG, was requested by Public Utilities and FGUA staff, to present the attached Proposal to develop recommended bulk wastewater service rates and impact fees for the County's Water and Sewer District for wastewater services to the FGUA, on a long-term basis. Staff recommends that the District and FGUA divides the not-to-exceed $19,000 costs ($9,500 to be paid by the District and $9,500 to be paid by the FGUA). FISCAL IMPACT: This proposed contract with PRMG will have a cost to the District not to exceed $9,500.00, which is available in the Water-Sewer Operating Fund 408. GROWTH MANAGEMENT IMPACT: This Proposal will have no Growth Management impact. .iII'.......~ RECOMMENDATION: That the Board of County Commissioners, as the governing body of Collier County and as the ex-officio the governing board of the Collier County Water-Sewer District, approve the Public Utilities Operations Director to execute the attached Proposal to Provide Utility Consulting Services between Public Resources Management Group, Inc. and Collier County, at a cost to the County not to exceed $9,500.00. PREPARED BY: Thomas G. Wides, Operations Director, Public Utilities Division ",,.--, II Agenda Item No. 16C7 March 27, 2007 Page 2 of 10 Public Resources Management Group, Inc. Utility. Rate. Financial and Management Consultants March 15, 2007 Mr. Thomas G. Wides Operations Director Public Utilities Division Collier County Government 3301 E. Tamiami Trail, Bldg. H 3rd Floor, Suite H3 Naples, FL 34112 Mr. David R. Miles, CPA, CGFO Director of Financial Services Florida Governmental Utility Authority Protegrity Plaza, 280 Wekiva Springs Rd., Suite 203 Longwood, FL 32779-6026 Subject: Proposal to Provide Utility Consulting Services Gentlemen: Public Resources Management Group, Inc. ("PRMG") is pleased to provide this agreement to provide utility consulting services (the "Agreement") to Collier County (the "County") and the Florida Governmental Utility Authority (the "FGUA" and collectively with the County, the "Parties") with respect to the Golden Gate wastewater utility system that is currently owned and operated by the FGUA (the "Golden Gate System"). Based on discussions with both the County and Government Services Group, Inc. ("GSG"), the Contract Managers for the FGUA and the Golden Gate System, the primary responsibilities of PRMG will be to assist the Parties in the evaluation of the financial impact associated with providing bulk wastewater service to the Golden Gate System upon the interconnection of the Golden Gate System and the County wastewater utility system (the "County System"). The focus of PRMG will be to evaluate the overall cost of service and the estimated rate impacts to the customers of the Golden Gate System. Because of the time frame required to evaluate the effects of the various service options, the evaluation is assumed to be more of a "desk top" comparison analysis of the various options and will not encompass a detailed five-year financial forecast of the operations of the Golden Gate System. Based on our understanding of the needs of both the County and the FGUA, we propose the following: Contract Terms and Conditions The Contract Tenns and Conditions to be relied upon by PRMG for the perfonnance of the project will be based on the Agreement #07-4071 for Financial Consulting Services between Collier County and Public Resources Management Group, Inc. dated January 23, 2007 (the "County Agreement"). Specifically, the Direct Hourly Labor Rates and standard cost rates for reimbursable expenses as referenced in the County Agreement and which is restated on Attachment A will be recognized for the billing of any services that may result upon the approval of Work Authorization developed based on the provisions of this Proposal which will be provided individually to both the County and the FGUA. G: \Letters\PendingIRevised\GoldenGateE val uationLetterProposal Wides. doc 34 ]l'~C}H '1' F:.~ 1. F~ P J-! C..) . ! - SUITL 3iill - \1:\ITI J {J2>~~.2(; -, T'~ /\...11 )"'1. ~~-27:;1 \'1 A (~HF 62'26iiO - r.c\.\ .(:0111 Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15, 2007 Page 2 Agenda Item No. 16C7 March 27, 2007 Page3of10 It should be noted that PRMG currently provides rate and consulting services to both the County and FGUA. At the request of the Parties, PRMG has been requested to assist the Parties in the development of certain financial analyses as it relates to the County's providing wastewater wholesale service in lieu of FGUA constructing additional capital facilities. In order to allow PRMG to perform the services as requested by the Parties, the Parties agree that there is no conflict of interest as it relates to PRMG providing the consulting services as outlined in this Proposal. Acceptance of this Proposal by the Parties will state the Parties acknowledgement of the waiver of any conflict of interest as it relates to the consulting services to be provided by PRMG. Project Team With respect to the performance of this project, Mr. Robert J. Ori will be the principal-in-charge and will be the primary contact between the Parties and PRMG. Other staff consultants, analysts and administrative personnel of PRMG may be utilized during the course of the Project as needed. As previously mentioned, Attachment A provides a summary of the Direct Hourly Labor Rates by employee title that will be used to bill for the consulting services rendered on behalf of the Parties. Scope of Services The scope of services proposed to be performed by PRMG (the "Project") is included in Attachment B that is made part of this Proposal. The scope of services relates to PRMG's assisting the Parties in the review of several wastewater service options that may be available in lieu of constructing certain capital improvements to meet the capacity needs and regulatory requirements of the customers of the Golden Gate System. Compensation and Billing Based on the Direct Labor Rates as summarized in Attachment A and the Scope of Services as shown in Attachment B, PRMG proposes to establish a not-to-exceed contract budget for the Project to assist the Parties in the amount of $19,000. A summary of the project cost estimate is shown in Attachment C which is made apart of this Proposal. This contract budget amount includes the direct cost of personnel anticipated to be assigned to conduct the various tasks of the project by PRMG as well as an allowance for other direct costs such as travel, telephone, and delivery charges and subconsulting expenses, if any. It is not anticipated that any subconsultants will be required to assist PRMG in the completion of the Project. To the extent that PRMG determines that a portion of the project will need to be performed by a subconsultant, PRMG will notify the Parties in writing for approval prior to the assignment of any project responsibilities to such subconsultant by PRMG. Because of the nature of this Project, the services to be provided by PRMG will be billed on an hourly basis to the Parties and not on a lump-sum basis. PRMG will not bill the Parties for any G: \Leners\Pending\Revised\GoJdenGateEvaluationLetterProposal W ides. doc Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15,2007 Page 3 Agenda Item No. 16C7 March 27,2007 Page 4 of 10 remaining contract budget amount to the extent the project is completed by the Parties or the services ofPRMG are no longer required based on Parties' notification to PRMG. Because the services to be provided by PRMG to the Parties are a joint request for services, the Parties will be responsible for the payment of such services based on the cost allocation shown on Attachment C. The cost of the Project will be billed to the Parties in an equal percentage amount (i.e., 50% to the County and 50% to the FGUA) since the analysis conducted for this phase of the project is assumed to benefit both Parties. Based on the above, the allocated Contract Budget, as summarized on Attachment C, would be as follows: Total Budget Allocation to Parties Collier County FGUA Total Allocated Project Cost $19.000 ~ ~ Project Schedule Upon approval of this Proposal by both Parties, it will be recognized that this will be the required notification to PRMG to proceed being provided by the Parties. PRMG anticipates completion of the utility financial consulting analysis associated with the within sixty (60) days after notification for presentation to the respective staffs' of the Parties. This completion date will be based on the availability of information that PRMG considers necessary to perform the financial analyses for the Parties. Furthermore, specific tasks may be completed prior to the anticipated completion date as mutually agreed between PRMG and the Parties. Weare sending this Proposal via email with electronic signature individually to both the County and the FGUA for your consideration. If this Proposal is acceptable to each of you, please have an authorized representative of each Party, that has the authority to bind the Party, execute two copies, return one fully executed copy to our office; the other copy is for your files. Once we receive written acceptance of the Proposal from both Parties, which we assume will be our notice to proceed for the Project since time is of the essence, we will prepare a Work Authorization in the standard format used by each Party for subsequent approval. The Work Authorization will have a copy of the approved Proposal by each Party as part of the Work Authorization approval process. It is anticipated that a Work Authorization will be prepared by PRMG in five (5) business days from receipt of Proposal executed by both Parties. The Parties will also agree that by executing the Proposal which also represents a notice to proceed, the Parties will be responsible to pay PRMG for all work completed up to the date that PRMG is requested to discontinue work on the Project. To the extent the executed Work Authorization is not provided to PRMG in fifteen (15) business days after mailing of the respective Work Authorizations, PRMG will recognize this as a notification to suspend work, and the Parties will be notified of such suspension. G: \Letters\Pending\Revised\GoldenGateEvaluationLetterProposal Wides.doc Mr. Thomas G. Wides Collier County Government Mr. David R. Miles, CPA, CGFO Florida Government Utility Authority March 15,2007 Page 4 Agenda Item No. 16C7 March 27, 2007 Page 5 of 10 We appreciate the opportunity to submit this Proposal to the Parties as it relates to providing utility financial consulting services with respect to the evaluation of the Golden Gate System. We look forward to working with both the County and FGUA in the near future on this Project. Very truly yours, ACCEPTED BY: Public Resources Management Group, Inc. Collier County ?d.-J' -1 cO-<--' Robert 1. Ori President Name "Title Attachments Date G: \Letters \Pending'Revised\GoldenGateE v aluationLetterProposaJ W ides.doc ATTACHMENT A Agenda Item No. 16C7 March 27, 2007 Page 6 of 10 SUMMARY OF DIRECT LABOR RATES AND STANDARD COST RATES DIRECT LABOR RATES Project Team Title Principal Associate Executive Consultant Managing Consultant Supervising Consultant Senior Consultant Rate Consultant Consultant Senior Rate Analyst Rate Analyst Analyst Assistant Analyst Administrative Direct Labor Hourly Rates [*] $150.00 $125.00 $110.00 $105.00 $ 95.00 $ 85.00 $ 75.00 $ 65.00 $ 60.00 $ 55.00 $ 45.00 $ 35.00 $ 45.00 [*] Direct labor hourly rates effective to September 30, 2007; rates will be adjusted by not more than five percent (5%) per annum (rounded to the nearest dollar) or as mutually agreed between parties for invoices rendered after October I of each year thereafter until project completion or termination of the agreement. STANDARD COST RATES Expense Description Mileage Allowance - Personal Car Use Only [2] Reproduction (black and white) (in house) Reproduction (color) (in house) Reproduction (contracted) Computer Time Telephone Charges Delivery Charges Lodging/Other Travel Costs Meals Subconsultant Services Other Costs for Services Rendered Standard Rates [*] IRS Standard Mileage Rate $0.05 per page $0.25 per page Actual Cost $0.00 per hour Actual Cost Actual Cost Actual Cost Not to exceed per PRMG Employee Per County Reimbursement Policy Actual Cost plus 5.0% Actual Cost [*] Standard cost rates effective to September 30, 2007; rates will be adjusted by not more than five percent (5%) per annum (rounded to the nearest dollar) or as mutually agreed between parties for invoices rendered after October ] of each year thereafter until project completion or termination of the agreement. G:\Letters\Pending\Revised\GoldenGateEvaluationLetterProposal Wides.doc A-1 Agenda Item No. 16C7 March 27, 2007 Page 7 of 10 ATTACHMENT B COLLIER COUNTY AND THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY SCOPE OF SERVICES PRMG will assist the FGUA and the County with their evaluation of the options associated with meeting the wastewater capacity requirements for the Golden Gate System. Based on discussions with the FGUA, the service or capacity scenarios to be considered include i) the interconnection of the wastewater system between the FGUA and the District for the additional capacity needs of the FGUA above the capacity provided by its existing wastewater treatment plant and ii) continuation of the construction of the capital facilities identified by the FGUA to meet the increased capacity requirements of the wastewater system. The following is a discussion of the Project tasks anticipated to be performed by PRMG: Task 1 - Data Acquisition and Review. PRMG will request information, from both the County and the FGUA relative to the evaluation of the Golden Gate System, including but not limited to, the following: i) current Fiscal Year operating and capital budgets; ii) information provided by the FGUA contract operator for the System relative to the identification of operating expenses and purpose of such costs; iii) financial information such as debt service repayment schedules, fund or cash balances, and certain system liabilities; iv) customer statistical data; v) rate and bond resolutions; vi) capital plans and incremental costs to interconnect the wastewater system; and vii) other information that may be necessary to perform the utility financial consulting services on behalf of the County. PRMG will prepare a detailed data request to obtain any additional information as compiled by the FGUA and the County that has not already been provided to PRMG as a result of the performance of other studies and analyses on behalf of the Parties by PRMG. PRMG will attend a kick-off teleconference meeting with the County to discuss issues and identify the general approach associated with the financial evaluation of the Golden Gate System contemplated in this phase of the Project. Task 2 - Develop Cash Flow Analysis of Capacity Options. Based on the information as compiled and provided by both the County and the FGUA, PRMG will assist the FGUA in the financial evaluation of the various service or capacity options identified above to determine the least cost scenario and to assist in strategic and planning discussions between the parties. The evaluation will rely upon the FGUA Fiscal Year 2007 Budget for the Golden Gate System (Test Year) and the bulk wastewater, impact fees and Allowance for Funds Prudently Invested Charge studies previously prepared for Collier County by PRMG (which may include an allowance for rate indexing). The evaluation will consider, but may not be limited to, changes or adjustments to i) capital costs to be funded from rates and other sources; ii) operating costs anticipated to be incurred based on the service options, including changes in the cost of contract operations of the Golden Gate System currently being provided by Severn Trent Environmental Services, Inc ("STES"); iii) debt service requirements due to changes in long-term capital financing or due to changes in service requirements; iv) modifications to any FGUA financial policies due to the assumption of a portion or all of the capacity by the County; and v) and other adjustments as G:\Letters\Pending\Revised\GoldenGateEvaluationLetterProposal Wides.doc B-1 Agenda Item No. 16C7 March 27, 2007 Page 8 of 10 deemed necessary for the analysis based on discussions with and information provided by the FGUA and / or County to the Test Year expenditures to determine the rate impact upon the FGUA customers. Task 3 - Modify Revenue Sufficiency Analysis. Based on evaluation of the changes in operations and capital funding requirements based on the various service or capacity scenarios, PRMG will assist the FGUA in evaluating the scenario which produces the most favorable impact to the ability of the current Golden Gate System rates (revenues) to meet the revenue requirements of such system. This analysis will be based on the assumption of continued ownership of the Golden Gate System by the FGUA. Task 4 - Presentation. Based on the analyses conducted in the above tasks, PRMG will prepare a Technical Memorandum outlining the assumptions used and the results of our analyses for consideration and use by both the FGUA and the County. As part of the presentation process, PRMG will allow for the attendance up to four (4) meetings with the FGUA and / or County staff to review the compiled information and to discuss the assumptions used, the financial results, and issues in order to finalize the presentation of the Technical Memorandum. Additional Services During the course of this engagement, either the County or FGUA may request additional services from PRMG relative to providing consulting services on behalf of our evaluation of the interconnect options or any other aspect of the FGUA Golden Gate System operations. Although no additional services are anticipated at this time, PRMG will perform such services as mutually agreed between the County, the FGUA, and PRMG in writing. Activities considered as additional services to this project will include, but not be limited to, the following: 1. Attendance of meetings in addition to what is identified in the scope of services. 2. Performance of other financial evaluations not specifically identified in the scope of services. 3. Development of a rate study, bulk rate, or any rate analysis in support of a change in rates and charges on behalf of either the County or the FGUA. 4. Presentation of the results to the respective County Board of County Commissioners or the FGUA Authority Board of the analyses developed under the scope of services. 5. Development of any contracts between the parties for service, payment of capacity, or any other aspect of a possible transaction for service between the parties. 6. Performance of an update to the financial evaluations or projections due to the receipt of inaccurate information or the receipt of additional information which requires PRMG to redo or update the financial analyses after substantial completion of the work. 7. Additional analyses conducted as a result of delay in the evaluation or project schedule above what was contemplated in this Agreement. 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"0 '" ":;j :3 ~ ] o f-o ~ "- ] 8 N Item Number: Item Summary: Meeting Date: Agenda Item No. 16C7 March 27, 2007 Page 10 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C7 Recommendation to approve execution of a Proposal to Provide Utility Consulting Services, not to exceed $9.500, to assist the Collier County Water-Sewer DIstrict (the District) and the Flonda Governmental Utility Authority (FGUAl In the establishment of wastewater service rates to provIde bulk service to Golden Gate Clljl (the City) as served by FGUA, and to develop wastewater impact fees for providing long term bulk service to the City 3/27/200790000 AM Date Approved By Thomas Palmer County Attorney Assistant County Attorney County Attorney Office 3115/2007 12:38 PM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations 3115120071:34 PM Date Approved By Dianna Perryman Administrative Services Contract Specialist Purchasing 31161200710:02 AM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs DIrector Purchasing 31161200710:32 AM Date Approved By James W. Delony PubliC Utilities Public Utilities Administrator Public Utilities Administration 311912007 2: 1 0 PM Date Approved By OM 8 Coordinator County Manager's Office Admimstrative Assistant Office of Management & Budget 3120/2007 9:46 AM Date Approved By Randy Greenwald County Manager's Office Management/Budget Analyst Office of Management & Budget 312012007 5:07 PM Date Approved By Michael Smykowski Cour,ty Manager's Offlce Management & Budget Director Office of Management & Budget 3120/20075:17 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Mimager's Office 3120/20079:28 PM Agenda Item No. 16D1 March 27, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to award bid #07-4076 to Cheney Brothers and Vistar Specialty Markets/Roma Foods for concession food resale and paper products at North Collier Regional Park at an estimated cost of$145,000 for FY 07. Objective: To sell food, drinks and supplies to patrons of North Collier Regional Park during normal facility operating hours. Considerations: On October 25,2006, the Purchasing Department opened bids from four (4) bidders; two were deemed to be non-responsive at the time of the bid opening. The initial intent was to award this bid on a primary/secondary basis assuming there would be multiple bidders. However, after review of the two responsive bids, it was determined that both Cheney Brothers and Vistar Specialty Markets/Roma Foods could not supply all products in the established categories. Cheney Brothers is able to supply 80% of food items and Vistar Specialty Markets/Roma Foods the remaining 20%. - Staff recommends awarding bid #07-4076 to Cheney Brothers and Vistar Specialty Markets/Roma Foods for food sold at concession stands at North Collier Regional Park. Prices quoted and agreed upon with Cheney Brothers and Vistar Specialty Markets/Roma Foods would allow Parks and Recreation to operate a food concession. Fiscal Impact: North Collier Regional Park has budgeted $145,000 for FY07 for operations to include food concessions and paper products, ofthat amount, we determine approximately $75,000 will go to Cheney Brothers and the balance will be distributed among Vistar Specialty Markets/Roma Foods, Pepsi and other approved vendors to make up the budgeted amount. There is no historical data to establish baseline operations due to the first year of operation. Growth Management Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners award bid #07-4076 to Cheney Brothers and Vista Specialty Markets/Roma Foods and approve expenditures of approximately $145,000 for food concessions and paper products associated with this bid. 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Q) ::::l ro c: I 0 Q)= ~ ,- ~ E " Q) c> g},B <( 'E O)ro S;~ '00 00 ro 00 .c Q) u c: I I~I~I I - I I I I l I 11 J 1 I I I I I I 1 I I 1 Item Number: Item Summary: Meeting Date: Agenda Item No. 1601 , March 27, 2007 Page 7 0; 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D1 RE'commendatlDn to award bid #07 -4076 to Cheney Brotners and Vlstar Soecially Markets/Roma FOOdS for concession fOQ,j resale and paper products at North Collier Regional Park at an eslllnated cost of $145000 tor FY 07 3n7f~OC7 908 00 AM Date Prep. red By Kerry Runyon Public Services Regional Manager Parks and Recreation 31B12007 3:17:03 PM Date Approved By Kathy Carpenter Public Services Executive Secretary Public Services Admin. 31B/2007 3:51 PM Date Approved By Kerry Runyon Public Services Regional Manager Parks and Recreation 3/12/2007912 AM Date Approved By Barry Williams Public Services Director Parks and Recreation 311212007 1:46 PM Date Approved By Marla Ramsey PublJc Services Public Services Administrator Public Services Admin, 31131200710:56 AM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Buaget 311412007 B:39 AM Date Approved By Sherry Pryor County Manager's Office Management & Budget Analyst Office of Management & Budget 3/16120074:26 PM Management & Budget DIrector Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 311912007 8:44 AM Date Approved By James V. Mudd Board of County Commissioners County Man.ager County Manager's Office 3/21/200710.01 AM Agenda Item No. 16D2 March 27,2007 Page 1 of 70 EXECUTIVE SUMMARY Recommendation to approve master agreements relating to grants awarded to the Services for Seniors programs and authorize the chairman to sign the master agreements between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. OBJECTIVE: To improve the quality of life and promote personal self-reliance and independence for the community's growing senior population. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 32 years through the Older Americans Act as well as other State funded grant programs. These grants allow for the delivery of various services to the County's frail elderly preventing premature and costly institutional placement. The Area Agency on Aging is requiring the execution of a Master Agreements which outline grantee requirements for administering all of the various grants. There are two separate Master Agreements. Agreement 203.MI07 refers to the Older Americans Act and agreement 203.M007 relates to all State General Fund grant programs such as the Community Care the Elderly program, Alzheimer's Disease Initiative and Home Care for the Elderly. The agreements address such items as federal laws and regulations, civil rights compliance, insurance requirements, audits, and the safeguarding the State computer network system. All current and future grant contracts will make reference to the Master Agreements as well as specify the individual grant contract amounts, effective date of the b'Tant ab'Teement, method of payment, and any special proVISIOns. GROWTH MANAGEMENT: There IS no b'Towth management impact on this recommendation. FISCAL IMPACT: There is no fiscal impact on this recommendation. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the Master Agreement and authorize the Chairman to sign the agreement. Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department ",- 2007 OM Agenda Item No. 16D2 Master Contra~~~t~n STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. MASTER CONTRACT FOR OLDER AMERICANS ACT PROGRAMS THIS MASTER CONTRACT is entered into this 31 st day of December . 2006 , by and between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency" and the Collier County Services for Seniors, hereinafter referred to as the "contractor." The terms contractor and subcontractor are deemed to have the same meaning and definition as the terms recipient and subrecipient as defined in OMB Circular A- 133, are interchangeable, and have the same force and effect. This contract is the successor to Master Agreement Number HM004. entitled State of Florida. Department of Elder Affairs, Master Agreement. This contract will become binding on January 1. 2007. or upon full execution of this contract, whichever is the later date, and shall end on December 31. 2007. This contract can be renewed for an additional one (1) year term by agreement of the parties. All agreements and/or contracts executed between the contractor and the agency shall be subject to the conditions set forth in this contract for the duration of the contract period(s). Any and all agreements and/or contracts executed between the contractor and the agency during the effective period of this contract will incorporate this contract by reference and shall be governed in accordance with the applicable laws, statutes, and other conditions set forth in this contract. I. Scope of Services: The contractor agrees to provide the services specified in each agreement and/or contract with the agency that reference this master contract during the period this contract is in effect. The contractor agrees that this master contract covers all services provided by the contractor under agreements and/or contracts with the agency that reference this master contract. II. Independent Contractor: The contractor will be acting in its independent capacity and not as an employee, agent or representative of the agency. The contractor shall not be deemed or construed to be an employee, agent or representative of the agency for any purpose whatsoever. Nothing contained in this contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The contractor shall be responsible for the work under this contract, including the work of any subcontractor it may utilize. m. Payment Requirements: The contractor agrees to submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre audit and post audit thereof. The contractor shall comply with the particular requirements under the following laws and guidelines that are applicable to the agreements and/or contracts covered under this contract: (a) paragraph (16) (b) of section 216.181, F.S., regarding advances; (b) paragraph 691-40.103 F.A.C. pertaining to Restriction of Expenditures from state funds; and, (c) the Contract Payment Requirements sub-section of section C of the Reference Guide for State Expenditures from the Department of Financial Services (http://www.f1dfs.comlaadir/reference%5Fguide/). The contractor certifies that detailed documentation is available to support each item on the itemized invoice or 2007 OM Aoenda Item No. 16D2 - Mqr~!;l. ?7. 2.JJJJ7 Master Contrac~~.M:lt\;JZ payment request for cost reimbursed expenses, fixed rate or deliverables contracts, including paid subcontractor invoices, and will be produced upon request by the agency. The contractor further certifies that reimbursement requested is only for allowable expenses as defined in the laws and guiding circulars cited. Section IV. (State and Federal Laws and Regulations) of this contract, in the Reference Guide for State Expenditures, and any other laws or regulations, as applicable, and that administrative expenses do not exceed amounts budgeted in the agency's approved area plan and the service provider application as developed in accordance with and pursuant to section 306(a) of the Older Americans Act of 1965, as amended. Contractor and subcontractors shall provide units of deliverables, including reports, findings, and drafts as specified in the agreements and/or contracts and attachments covered by this contract, the area plan, and the service provider application developed by the agency and contractor (pursuant to section 306(a) of the Older Americans Act), to be received and accepted by the contract manager prior to payment. IV. State and Federal Laws and Regulations: The contractor shall: Comply with the cost principles, administrative requirements, and other provisions of all applicable state and federal laws and regulations including, but not limited to: the Older Americans Act of 1965, as amended, sections 215.97 and 216.348, F.S., Title 45, Code of Federal Regulations (CPR), Part 74, and/or 45 CPR, Part 92 and Part 1321, and/or 48 CPR Part 31, and Office of Management and Budget (OMB) Cost Principles 225 (A-87) and 230 (A-122), Federal Acquisition Regulation 31.2, Circulars A-133 and A-102 and 2 CPR Part 215 and Part 215 (formerly OMB Circular A-I 10), whichever is applicable to the contractor's organization. Comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act [42 United States Code (U.S.C.) 7401 et seq.], the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) code, Title 29 CFR, Part 1910.1030, and the Federal Water Pollution Control Act as amended (33 V.S.C. 1251 et seq.). The contractor shall report any violations of the above to the agency. Prior to execution of this contract, complete the Certification Regarding Lobbying form, ATTACHMENT I, and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion AgreementslSubagreements form, ATTACHMENT II. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the agency's contract manager. and all disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the agency with the signed contract. Comply with section 112.061, F. S., and any policies of the agency regarding any and all business travel pursuant to agreements covered by this contract (including use of the State approved Reimbursement of Travel Expenses form, or an equivalent form developed by the contractor), and comply with the provisions of Chapter 119, F.S., allowing public access to all public records made or received by the contractor in conjunction with this contract and any agreements and/or contracts incorporating this contract by reference. In addition, section 20.41(9), F.S., requires that all lead agencies are subject to Chapter 119, F.S., relating to public records,.and, when considering any agreements requiring the expenditure of funds, are subject to section 286.011-286.012, F.S., relating to public meetings. Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the contractor or subcontractors who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). 2 2007 OM Agenda Item No. 1602 Master Contra~~.~ Transportation Disadvantaged: If clients are to be transported under any agreements and/or contracts incorporating this contract, comply with the provisions of Chapter 427, F.S., and Chapter 41-2, F. A. C. Use of Funds For Lobbying Prohibited: Comply with the provisions of section 216.347, F.S., Title 48 CPR, Part 31.205, or Title 45 CPR, Part 93, whichever is applicable, that prohibit the expenditures of funds for the purpose oflobbying the Legislature, a judicial branch or a state agency. Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to use or disclose any information concerning a client who receives services under agreements and/or contracts incorporating this contract by reference or subsequent contracts for any purpose not in conformity with state and federal regulations, except upon written consent of the client, or the client's authorized representative. HlPAA Compliance: If the contractor will receive client's protected health information as a result of this contract, then the agency recognizes that agency and the contractor are "Business Associates" of each other under the terms of the Health Insurance Portability Act (HIP AA) of 1996. Furthermore, the agency and the contractor will enter into a Business Associate Agreement separate from this contract Grievance and Appeal Procedures: Ensure through contract provisions that subcontractors and vendors follow the Minimum Guidelines for Contractor Grievance Procedures, ATIACHMENT V, for handling complaints from clients who complain service has been suspended, terminated or reduced. Contractors and subcontractors will also establish their own complaint procedures for clients who are dissatisfied with or denied services that include, at minimum, notice of the right to complain and to have their complaint reviewed. It is expressly understood that a finding that the contractor materially and substantially has not complied with any of the provisions of this section shall constitute a breach of this contract V. Civil Rights Certification: 1. The contractor gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, awards, agreements (except agreements of insurance or guaranty), property, discounts, or other federal financial assistance and also assures compliance with all federal, state and local regulations, statutes and ordinances relating to nondiscrimination in programs or activities receiving or benefiting from state, federal, or local fmancial assistance, whichever apply. These include, but are not limited to: (a) Executive Order 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at Title 41 CPR Part 60; (b) Title VI of the Civil Rights Act of 1964, as amended, 42 US.c. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin; (c) Title IX of the Education Amendments of 1972, as amended, 20 V.S.C. 1681-1683, and 1685-1686 et seq., which prohibits discrimination on the basis of sex in education programs; (d) Section 504 of the Rehabilitation Act of 1973, as amended, 29 V.S.C. 794, which prohibits discrimination on the basis of handicaps; (e) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age; and with any and all other applicable regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. 2. The contractor agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A and B), if services are provided to consumers and if fifteen (15) or more persons are employed. For contractors ernploying less than 15 persons, the agency requests completion of the Civil Rights Compliance Questionnaire. 3 2007 OM Agenda Item No. 16D2 Master contrM:~~~f~l 3. The contractor agrees to establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include providing clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. These assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the contractor, its successors. transferees, and assignees for the period during which such assistance is provided. The contractor further assures that all subcontractors, vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the contractor understands that the agency may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. VI. Withholdings and Other Benefits: The contractor is responsible for its employees Social Security and Income Tax withholdings. Vll. Indemnification: If the contractor is a state or local governmental entity, pursuant to section 768.28(18), F.S., the provisions of this section do not apply. 1. Contractor agrees to indemnify, defend, and hold harmless the agency and all of the agency's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the contractor, its agents, employees, or subcontractors in connection with the performance of all agreements and/or contracts incorporating this contract by reference, whether direct or indirect, and whether to any person or property to which the agency or said parties may be subject, except that the contractor will not indemnify the agency or its officers, agents or employees for that portion of any loss or damages proximately caused by the negligent or intentional act or omission of the agency or any of its officers, agents, or employees. 2. Contractor's obligation to indemnify and defend shall be triggered on the seventh (71b) day following the agency's notice of claim for indemnification to contractor. Contractor's inability to evaluate liability or its evaluation of liability shall not excuse contractor's duty to defend and indemnify the agency, within seven (7) calendar days following notice by the agency. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the contractor not liable shall excuse performance of this provision by contractor. The contractor's obligations under this paragraph are contingent upon the agency giving the contractor: (1) prompt written notice of any action or threatened action for which the agency is seeking indemnification; (2) the opportunity to take over and settle or defend any such action at the contractor's sole expense, and (3) assistance in defending the action at the contractor's sole expense. The contractor shall not be liable for any cost, expense or compromise incurred or made by the agency in any legal action without the contractor's prior written consent, which shall not be unreasonably withheld. 3. It is the intent and understanding of the parties that the contractor, or any of its subcontractors, are not employees of the agency and shall not hold themselves out as employees or agents of the agency without specific authorization from the agency. It is the further intent and understanding of the parties that the agency does not control the employment practices of the contractor and shall not be liable for 4 2007 OAA Agenda Item No. 1602 Master Contr~~mt any wage and hour, employment discrimination, or other labor and employment claims against the contractor or its subcontractors. VITI. Insurance and Bonding: 1. The contractor agrees to provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all agreements and/or contracts incorporating this contract by reference. The contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the contractor and the clients to be served under agreements and/or contracts incorporating this contract by reference. Upon execution of each agreement and/or contract covered under this contract, the contractor shall furnish the agency written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the state of Florida. The agency reserves the right to require additional insurance where appropriate. 2. The contractor agrees to furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the contractor authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the funds handled., the degree of risk as determined by the insurance company and consistent with good business practices. IX. Purchasing: The contractor agrees to develop procurement procedures which are in accord with applicable state and/or federal requirements, which encourage fair and open competition and which promote a diversity of contractors and subcontractors for all services purchased pursuant to this contract The agency is committed to embracing diversity in the provision of services to Florida's elders and in providing fair and equal opportunities for all qualified minority businesses in Florida. The contractor shall report information to the agency on utilization of certified minority and non-certified minority subcontractors and/or vendors receiving funds pursuant to all agreements and/or covered by this contract. This report shall be submitted quarterly to the agency. X. Sponsorship: 1. If the contractor sponsors a program financed partially by state funds or funds obtained from a contract or agreement with the agency, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by Area Agency on Aging for Southwest Florida. Inc. and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "State of Florida, Department of Elder Affairs" shall appear in the same size letters or type as the name of the organization in accordance with section 286.25, F.S., and if the department's and/or agency's logo is incorporated, shall ensure that the current logo is used. This shall include, but is not limited to. any correspondence or other writing, publication or broadcast that refers to such program. 2. The contractor shall not use the words "The State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise fmanced unless specific authorization has been obtained by the agency prior to use. 5 2007 OAA Agenda Item No. 1602 M~!R~27. ;.A(g Master Contrac~~.tlb''tlJ XI. Public Entity Crime: Denial or revocation of the right to transact business with public entities: In compliance with the legislature's intent to restrict the ability of persons convicted of public entity crimes to transact business with the agency, the contractor agrees that compliance with sections 287.017 and 287.133, F.S., is a condition of receipt or benefit from state or federal funds and it is binding upon the contractor, its successors and transferees during the period of this contract. The contractor further assures that the contractor, its officers, directors, senior management, partners, employees or agents have not been convicted of any public entity crimes within the last 36 months. If the contractor or any of its officers or directors is convicted of a public entity crime during the period of this contract, the contractor shall notify the agency immediately. Non-compliance with this statute shall constitute a breach of this contract. XII. Employment: The contractor is a non-governmental organization, therefore, it is expressly understood and agreed the contractor will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as detennined pursuant to the Immigration Nationality Act (INA), Sec. 274A [8 U.S.C. s.1324a]. Violation of the employment provisions as determined pursuant to section 274A shall be grounds for unilateral cancellation of any and all agreements and/or contracts incorporating this contract by reference. XIII. Audits and Records: The contractor agrees: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting principles and practices that sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under all agreements and/or contacts covered by this contract. The contractor agrees to maintain records, including paid invoices, payroll registers, travel vouchers, copy logs, postage logs, time sheets, etc., as supporting documentation for service cost reports and for administrative expenses itemized for reimbursement. Original documentation will be made available upon request for monitoring and auditing purposes. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, or copy at the expense of the contractor by state personnel and other personnel duly authorized by the agency, as well as by state and federal personnel. 3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require, pursuant to this contract and agreements or contracts incorporating this contract by reference, within the period of this contract. Such reporting requirements must be reasonable given the scope and purpose of the agreements and/or contracts incorporating this contract by reference. 4. To submit management, program, and client identifiable data, as specified by the agency, pursuant to this contract and agreements or contracts incorporating this contract by reference. To assure, through contract provisions in subcontracts with subcontractors, program specific data is recorded and submitted in accordance with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guidelines. 5. To provide an independent financial and compliance audit to the agency as specified m AITACHMENT m and to ensure all related party transactions are disclosed to the auditor. 6 2007 OM Agenda Item No. 1602 Master Contra~~~~~ 6. To include these aforementioned audit and record keeping requirements, including ATTACHMENT m, in all subcontracts and assignments. 7. The contractor agrees to provide client information and statistical data when requested by the agency. 8. To provide to the agency all fiscal information regarding services contracted to subcontractors pursuant to this contract using an application provided by the agency. XlV. Retention of Records: 1. The contractor shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each agreement and/or contract covered under this contract for a period of at least five (5) years after termination of the agreement and/or contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained at least until resolution of the audit findings. These records may be subject to additional retention requirements set by law. 2. Persons duly authorized by the agency, department, and federal auditors, pursuant to Title 45 CPR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. XV. Monitoring and Incident Reporting: 1. The contractor will be subject to an annual monitoring by the agency. The contractor will provide progress reports, including data reporting requirements as specified by the agency to be used for monitoring progress or performance of the contractual services as specified in the area plan and the service provider application. 2. The contractor will be responsible for implementing all corrective actions from previous and current monitoring reports in a timely manner. The contractor must assign a high priority to the resolution of monitoring findings and recommendations to ensure corrective action(s) addressing programmatic, fiscal and/or operational deficiencies are fully and timely inlplemented. 3. The contractor will be responsible for at least one monitoring per year of its subcontractors. The contractor will perform fiscal, administrative and programmatic monitoring of subcontractors to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. A copy of the monitoring report will be submitted to the agency within 60 days of completion of the monitoring. 4. The contractor shall permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the contractor and subcontractors which are relevant to agreements incorporating this contract by reference and to interview any clients and employees of the contractor and subcontractors to be assured of satisfactory performance of the terms and conditions of these agreement(s). The contractor's failure to correct or justify deficiencies within a reasonable time as specified by the agency may result in the agency taking any of the actions identified in Section XXIV (Enforcement) of this contract or the agency deeming the contractor's failure to be a breach of this contract. 7 2007 OAA Agenda Item No. 1602 Mqr>:,I;..?7 ~!J!)7 Master Contrac~3Mltf~ 5. Extraordinary Reporting: The contractor shall notify the contract manager for the agency immediately, but no later than within 24 hours, from the contractor's awareness or discovery of problems, delays or adverse conditions that may materially affect or impair the subcontractor's ability to perform or meet contract requirements or affect the health, safety or well-being of clients. The notice shall include a brief summary of the problem(s), a statement of the action taken or contemplated, time frames for implementation, and any assistance needed to resolve the situation. Examples of reportable conditions may include, but are not limited to: a. proposed client terminations; b. service quality or service delivery problems; and/or client complaint trends; c. contract non-compliance; d. contractor or subcontractor financial concerns and/or difficulties. The contractor must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Substantiated allegations must be reported to the agency's contract manager within 48 hours. In the event that a situation results in the cessation of services by a subcontractor or vendor, the contractor retains the responsibility for performance under agreements and/or contracts covered by this contract and must follow their own procedures to ensure that clients continue receiving services without interruption, e. g. exercising their emergency procurement procedures, temporary assumption of the direct provision of services, etc. All written reports required by this section shall be sent to the agency via registered mail to the applicable contract manager unless otherwise advised. XVI. Assignments and Subcontracts and/or Subagreements: In the event the contractor utilizes subcontractors to provided services pursuant to this contract, such subcontractors shall be subject to the conditions of this contract and the agreements and/or contracts incorporating it by reference. This contract does not provide any rights to said subcontractor. For every transaction, the contractor must determine if the subcontractor is a vendor Tather than a subcontractor, as defined in OMB Circular A-133, subpart B, section .210, and in section 215.97, F. S., and this determination must be documented in writing. When a vendor relationship is identified, an agreement with all of the terms and conditions set forth in this contract is not required. However, a written agreement and/or contract is required that outlines the terms of the agreement and/or contract, the goods being purchased or services to be performed, and conditions for procurement, receipt and payment for goods and services. Compliance for vendors is usually limited to these tasks unless the contractor chooses to pass down program compliance to the vendor in the written agreement. The contractor is ultimately responsible for assuring program compliance and performance, and any applicable conditions of this contract and the agreements and/or contracts covered by it. Unless otherwise stated in the contract between the contractor and the subcontractor, payments made by the contractor to the subcontractor must be made within seven (7) working days after receipt by the contractor of full or partial payments from the agency in accordance with section 287.0585, F.S. Payments to vendors contracted by the contractor/subcontractors shall be made in accordance with the terms as negotiated with the vendor(s). Failure to pay within these time frames may result in the agency taking action as set forth in Section XXIII. (Enforcement) of this contract. 8 2007 OAA Agenda Item No. 1602 Master Contra~~wm xvn. Funding Obligations: The agency acknowledges its obligation to pay the contractor for the performance of the contractor's duties and responsibilities set forth in this contract and for the contractor's performance of other contracts and/or agreements that incorporate this contract by reference. The agency shall not be liable to the contractor for costs incurred or performance rendered unless such costs and performances are strictly in accordance with the terms of an agreement and/or contract executed between the contractor and the agency that incorporates this contract by reference, including but not limited to terms, governing the contractor's promised performance and unit rates and/or reimbursement capitations specified. The agency shall not be liable to the contractor for any expenditures which are not allowable costs as defmed in the C.F.R., Title 45, Parts 74 and 92, as amended, or which expenditures have not been made in accordance with all applicable state and federal rules. The agency shall not be liable to the contractor for expenditures made in violation of regulations promulgated under the Older Americans Act, as amended, or in violation of applicable state and federal laws, rules, or provisions of this contract XVITI. Return of Funds: 1. The. contractor agrees to return to the agency any overpayments due to unearned fimds or fimds disallowed pursuant to the terms of all agreements and/or contracts for which funds were disbursed to the contractor by the agency. a. The contractor shall return any overpayment to the agency within forty (40) calendar days after either discovery by the contractor, or notification by the agency, of the overpayment. b. In the event the contractor or its independent auditor discovers an overpayment has been made, the contractor shall repay said overpayment within forty (40) calendar days without prior notification from the agency. In the event the agency first discovers an overpayment has been made, the agency will notify the contractor by letter of such a finding. c. Overpayments to subcontractors due to unallowable or un-allocable expenses or to vendors or subcontractors due to billing discrepancies must be returned to the contractor under the same terms and conditions as this section. Information indicating subcontractors have been overpaid as a result of over-budgeting on the unit cost methodology can be used by the contractor to negotiate lower rates in subsequent years. Continuous overpayment to subcontractors due to over budgeting may result in a demand for repayment to the contractor or the agency under the same terms and conditions of this section. Repayment received by the contractor must be reported to the agency and may be either re-allocated to other subcontractors or returned to the agency, at the agency's discretion. d. Overpayments not returned to the agency in a timely manner will be subject to interest at the rate established in section 55.03, F.S. XIX. Data Integritye Federal Grants Management requires that a contractor receiving state and federal funds must have a financial management system, which is capable of providing accurate information for prescribed reporting requirements. For the purposes of full disclosure of financial results for federally funded or state-sponsored 9 2007 OAA Agenda Item No. 1602 Master Contra~~7~ programs and for accountability, those reporting requirements may necessitate that the contractor make particular calculations and submit specific data. Accordingly, the contractor must, prior to execution of this contract, complete the Data Integrity Certification form, ATTACHMENT IV. xx. Conflict of Interest: The contractor will establish safeguards to prohibit employees, board members, management and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer or agent of the contractor or subcontractor shall participate in selection, or in the award or administration of a contract supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member ofhislher immediate family; (c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The contractor or subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements and/or subcontracts. The contractor's board members and management must disclose to the agency any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of this contract. The contractor's employees and subcontractors must make the same disclosures described above to the contractor's board of directors. Compliance with this provision will be monitored. XXI. Contingency Plan: In its service provider application, the contractor shall provide to the agency a contingency plan, updated annually. The contingency plan shall set forth procedures to ensure services to clients will not be interrupted or suspended in the event the contractor or its subcontractors are unable to perform its duties under this contract or any agreement and/or contract incorporating this contract. The determination as to whether the contractor is unable to perform its duties, thereby necessitating utilization of the contingency plan, shall be made at the sole discretion of the agency. XXII. Payment: Pursuant to section 215.422, F.S., the agency shall make payment within 40 days, measured from the latter of the date the Request for Payment is received or the goods or services are received, inspected and approved. Requests for Payment returned to a vendor or a contractor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. XXIII, Vendor Ombudsman: Contractors who may be experiencing problems in obtaining timely payment(s) from the agency may contact the Vendor Ombudsman within the Department of Banking and Finance. Subcontractors and vendors experiencing problems obtaining timely payment(s) from contractors may contact the agency's contract manager at (239) 332-4233. 10 2007 OM Agenda Item No. 1602 Master Contra~~7. XXIV. Enforcement: 1. The agency may, without taking any intermediate measures available to it against the contractor, rescind the contractor's designation as a lead agency, if the agency finds that: a. an intentional or negligent act of the contractor has materially affected the health, welfare, or safety of clients served pursuant to this contract, or substantially and negatively affected the operation of services covered under this contract; b. the contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; c. the contractor has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the agency, or the contractor has committed or repeated violations of agency standards; d. the contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency; and/or e. the contractor has failed to adhere to the terms of this contract or the terms of any agreement(s) covered by this contract and incorporating it by reference. 2. In the alternative, the agency may, at its sole discretion, in accordance with section 430.04, F.S., take immediate measures against the contractor, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the contractor on probationary status, imposing a moratorium on contractor action, imposing financial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S. 3. In making any determination under this provision the agency may rely upon the findings of another state or federal agency, or other regulatory body. Any claims for damages for breach of this contract are exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee County. In the event the agency initiates action to rescind a lead agency's designation, the agency shall follow the procedures set forth in 42 V.S.C. S 3025(b). XXV. Termination: 1. Termination for Convenience This contract and any other agreements incorporating it by reference may be terminated by either party upon no less than sixty (60) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the contractor terminates an contract at will, the contractor agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services for clients pursuant to this contract or any subagreement will not be interrupted or suspended by the termination. In the event that an contract between a contractor and a subcontractor is terminated, the contractor shall require the subcontractor to submit to the contractor and the agency, a similar plan ensuring services to clients will not be interrupted or suspended by the termination. 2. Termination Because of Lack ofFWlds In the event funds to finance any agreement(s) under this contract become unavailable, the agency may terminate the affected agreement or agreements upon no less than twenty-four (24) hours notice in writing to the contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the breach is waived by the agency in writing, or the contractor fails to cure the breach within the time specified by the agency, the agency may, by written notice to the contractor, terminate any 11 2007 OM Agenda Item No. 1602 M.3.r~h.. ')7 . ~QQ7 Master Contra~~3~1 t)(l and all of the agreement(s) incorporating this contract by reference upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in section 60A- 1.006(3), F. A. C.. Waiver of breach of any provisions of any one agreement covered by this contract 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 other agreements covered under this contract. The provisions herein do not limit either parties' right to remedies at law or to damages of a legal or equitable nature. XXVI. Notice and Contact: 1. The name, address and telephone number of the agency for this contract is: Leigh Wade-Schield, Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 Phone: (239)332-4233 2. The name, address and telephone number of the contractor for this contract is: Marcy Krumbine, Director Collier County Services for Seniors 3301 East Tamiami Trail W211 Naples, Florida 34112 (239) 774-8154 Fax (239) 774-3430 3. The name of the contact person, street address and telephone number where financial and administrative records are maintained: Marcy Krumbine, Director Collier County Services for Seniors 3301 East Tamiarni Trail Hl211 Naples, Florida 34112 (239) 774-8154 Fax (239) 774-3430 XXVII. Renegotiation or Modification: 1. Modifications of provisions of this contract and of any and all agreement(s) incorporating this contract by reference shall only be valid when they have been reduced to writing and duly signed by both parties. The parties agree to renegotiate this contract and any affected agreements if revisions of any applicable laws or regulations make changes in this contract necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively for any agreement(s) incorporating this Master Contract by reference only when these have been established through the appropriations process, or identified in the federal program. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 12 2007 OM Agenda Item No. 1602 Master Contra~~M&i xxvm. Special Provisions: The Contractor agrees to the following provisions: A. Property & Equipment 1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of (a) the capitalization level established by the organization for the fInancial statement purposes, or $5000 [for federal funds], or (b); nonexpendable, tangible personal property of a nonconsumable nature with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 or more [for state funds]. 2 Contractors and sub-contractors who are Institutions of Higher Education, Hospitals, and Other Non-ProfIt Organizations shall have written property management standards in compliance with Part 215 (formerly OMB Circular A-I10) that include: (a) a property list with all the elements identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at least once every two years. The property records must be maintained on fIle and shall be provided to the agency upon request. 3. The contractor's property management standards for equipment acquired wi.th Federal funds and federally-owned equipment shall include accurately maintained equipment records with the following information: (i) A description of the equipment. (ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (iii) Source of the equipment, including the award number. (iv) Whether title vests in the contractor or the Federal Government. (v) Acquisition date (or date received, if the equipment was furnished by the Federal Government) and cost. (vi) Information from which one can calculate the percentage of Federal participation in the cost of the equipment (not applicable to equipment furnished by the Federal Government). (vii) Location and condition of the equipment and the date the information was reported. (viii) Unit acquisition cost. (ix) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a contractor compensates the Federal awarding agency for its share. 4. Equipment purchased with federal funds with an acquisition cost over $5,000 and equipment purchased with state funds with an acquisition cost over $1,000 that is specifIcally identifIed in the service provider application approved by the agency is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the contractor, subject to the conditions of Part 215 (formerly OMB Circular A-llO), Subpart C, paragraph .34. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by this contract, or identified in the sub-agreements with sub-contractors (not included in a cost methodology), is subject to the conditions of section 273, F. S. and 60A-1.0017, F. A. C. or Title 45 CFR part 74. 13 2007 OM Agenda Item No. 1602 March 27, 2007 Master Contra~e3Mi 0f/ 5. Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state or federal funds through agreements covered under this contract without the prior approval of the agency. Real property purchases from Older Americans Act funds are subject to the provisions of Title 42, Chapter 35, Subchapter Ill, Part A., Sec. 3030b United States Code (USe). Real property purchases from state funds can only be made through a fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of section 216.348, F. S. 6. Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 7. Information Technology Resources The contractor must adhere to the agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of any agreement(s) incorporating this contract by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the agency upon request The contractor has the responsibility to require any subcontractors to comply with the agency's ITR procedures. B. Copyright Clause The contractor may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under any agreement(s) incorporating this contract by reference. The agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for state and federal purposes, and to authorize others to do so. Other rights of the agency and contractor are described in Title 45 CPR, sec. 74.36, and section 286.021, F.s. C. Investigation of Criminal Allegations Any report that implies criminal intent on the part of this contractor or any subcontractor and referred to a governmental or investigatory agency must be sent to the agency. If the contractor has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's Office, or other governmental agency, the contractor shall notify the agency and the Inspector General at the department immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in the possession of the contractor or subcontractor, must be sent to the agency and the department's Inspector General with a summary of the investigation and allegations. D. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the agency may exercise authority over a lead agency or subcontractor to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure lead agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its subcontractor. In the event the President of the United States or Governor of the State of Florida declares a disaster or state of emergency, the agency may exercise authority over a lead agency or subcontractor to implement emergency relief measures and/or activities. 14 2007 OM Agenda Item No. 1602 Master Contr~~~~fa~ In either of these cases, only the Emergency Coordinating Officer, the Executive Director or hisfher designee of the agency shall have such authority to order the implementation of such measures. All actions directed by the agency under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the potential or actual disaster area. E. Volunteers The contractor will promote the use of volunteers as prescribed in section 306(a)(12), Older Americans Act and section 430.07, F.S.. In addition, the contractor will increase the use of volunteers in each county by providing training, technical assistance and funding, where possible, to support volunteer efforts of their service sub-contractors. F. Management Information Systems For all program agreements incorporating this contract by reference for which collection of client data in electronic format (CIRTS, for example) is required: 1. The contractor will ensure the collection and maintenance of client and service infonnation on a monthly basis from the Client Information Registration and Tracking System (CIRTS) or any such system designated by the agency. Maintenance includes valid exports and backups of all data and systems according to agency standards. 2. The contractor will require subcontractors to enter all required data per the department's CIRTS Policy Guidelines for clients and services in the CIRTS database. The data must be entered into the CIRTS before the subcontractors submit their request for payment and expenditure reports to the contractor. The contractor shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the agency. 3. The agency will require contractors to run monthly CIRTS reports and verify client and service data in the CIRTS is accurate. This report must be submitted to the agency with the monthly request for payment and expenditure report and must be reviewed by the agency before the contractor's request for payment and expenditure reports can be approved by the agency. 4. Failure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Enforcement" clause of this contract (see Section XXN), including delaying or withholding payment until the problem is corrected. 5. Computer System Backup and Recovery Each contractor and subcontractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure, offsite location. The contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with subcontractors. These policies and procedures shall be made available to the agency upon request 15 2007 OM Agenda Item No. 1602 March 7...7. 200L Master Contra~Q~Ml W G. Consumer Outcomes 1. The contractor will develop client outcome measures consistent with those developed by the agency. 2. The agency and the contractor will be responsible for achieving targets set by the legislature for performance based program budgeting and will incorporate into sub-agreements as necessary. H. Use of Service DollarsIWait List Management: The contractor is expected to spend all federal, state and other funds provided by the agency, for the purpose specified in each contract. The contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the year, for each program managed by the contractor. If the agency determines that the contractor is not spending service dollars accordingly, the agency may transfer funds to other lead agencies during the year and/or adjust subsequent funding allocations accordingly, as allowable under state and federal law. I. SurpluslDeficit Report: The contractor will submit a consolidated surplus/deficit report in ~ format provided by the agency to the agency's contract manager by the 18th of each month. This report is for all agreements between the lead agency and the agency. The report will include the following: 1. a list of all subcontractors and their current status regarding surplus or deficit; 2. the contractor's detailed plan on how the surplus or deficit spending exceeding the threshold specified by the agency will be resolved; 3. recommendations to transfer funds to resolve surplus/deficit spending; 4. number of clients currently on Assessed Prioritized Consumer List (APCL), that receive a priority ranking score of 4 or 5; and 5. number of clients currently on the APCL designated as Imminent Risk. 16 2007 OAA Agenda Item No. 1602 Master Contra~~~ Qnb IN WITNESS THEREOF, the parties hereto have caused this ~ page contract to be executed by their undersigned officials as duly authorized. A1TEST: DWIGHT E. BROCK, Clerk COLLIER COUNfY HUMAN SERVICES BY: BOARD OF COUNfY COMMISSIONERS COLLIER COUNfY, FLORIDA By: Deputy Clerk By: JAMES COLETTA, Chairman Date: December 31. 2006 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. WTINESS: [Print Name] By: JOHN KOEHLER., Board President Date: December 31. 2006 [Print Name] FEDERAL ID NUMBER: 59-6000558 Approved as to form and legal sufficiency 1:3~~ Assistant County Attorney (Revised October 2006) 17 2007 OAA Agenda Item No. 1602 Master Contrac~1~~~ ~~~ ATTACHMENT I CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontract~, sub-grants, and contracts under grants. loans and cooperative agreements) and that all sub-contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature December 31 , 2006 Date James Coletta. Chairman Name of Authorized Individual 203.Ml07 Application or Agreement Number Collier County Housinl! and Human Services Name and Address of Organization Approved as to form and legalSw~~ Robert N. Zic Assistant County Attorney DOEA Form 103 (Revised Nov 2002) 18 2007 OM Agenda Item No. 1602 Master Contr~4~~f6~ ATTACHMENT II INSTRUCTIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGmILITY AND VOLUNTARY EXCLUSION AGREEMENTS/SUBAGREEMENTS 1. Each contractor of federal financial and non-financial assistance that equals or exceeds $100,000 in federal monies must sign this debarment certification prior to agreement execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Area Agency on Aging for Southwest Florida, Inc. nor its agreement contractors can contract with subcontractors if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract is entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The contractor shall provide immediate written notice to the grant manager at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CPR (Code of Federal Regulations), Part 76. You may contact the grant manager for assistance in obtaining a copy of those regulations. 5. The contractor further agrees by submitting this certification that, it shall not knowingly enter into any subagreement with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 6. The contractor further agrees by submitting this certification that it will require each subcontractor of agreements referencing this contract whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with each subagreement. 7. The Area Agency on Aging for Southwest Florida, Inc. may rely upon a certification by a contractor/subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the department knows that the certification is erroneous. 8. The contractor may rely upon a certification by a subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the contractor knows that the certification is erroneous. 9. The signed certifications of all subcontractors shall be kept on file with contractor. OOEA FORM 112A (Revised February 2004) 19 2007 OM Agenda Item No. 1602 Master Contra~~~m CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION AGREEMENTS/SUBAGREEMENTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) The prospective contractor certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Area Agency on Aging for Southwest Florida, Inc. by any federal department or agency. (2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this certification. Signature Date Name and Title of Authorized Individual (print or type) Name of Organization DOEA FORM 112B (Revised April 2001) 20 2007 OAA Agenda Item No. 1602 Master Contr~~f~~l ATTACHMENTID Audit Attachment The administration of funds awarded by the agency to the contractor, and the sub-contractor through agreements with the contractor, may be subject to audits and/or monitoring by the agency and other authorized state personnel or federal personnel as described in this section. Monitorine In addition to reviews of audits conducted in accordance with OMB Circular A-133 and section 215.97, F .S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this contract, the contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the agency. In the event the agency determines that a limited scope audit of the contractor is appropriate, the contractor agrees to comply with any additional instructions provided by the agency to the contractor regarding such audit. The contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the agency and the Chief Financial Officer, Department of Financial Services, Auditor General or federal personnel. OTHER REQUIREMENTS If the contractor is a non-profit organization, the Oath of Not for Profit Status form (EXlllBIT 2 of this attachment) must be completed and returned to the agency with the signed agreement. Aw!U! PART I: FEDERALLY FUNDED This part is applicable if the contractor or subcontractor is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the contractor or subcontractor expends $500,000 or more in Federal awards in its fiscal year, the contractor or subcontractor must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Federal funds awarded through the agency by this contract, if any, are indicated in section II. A. ofthe agreement(s) covered by this contract. In determining the Federal awards expended in its fiscal year, the contractor or subcontractor shall consider all sources of Federal awards, including Federal funds received from or passed through the agency. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the contractor or subcontractor conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the contractor or subcontractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 21 2007 OAA Agenda Item No. 1602 March 27. 2007 Master Contracf~2M~fr1J 3. If the contractor or subcontractor expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from contractor resources obtained from other than Federal entities). 4. Information regarding audit requirements contained in OMB Circular A-133 and section 215.97, F.S., can be obtained from the following web-sites: http://www. whitehouse. gov/omb/circulars/ and: http://www.leg.state.fl.uS! PART IT: STATE FUNDED This part is applicable if the contractor is a non-state entity as defmed by section 215.97, F.S.. 1. In the event that the contractor expends a total amount of State awards (i.e., State financial assistance provided to the contractor to carry out a State project) equal to or in excess of $500,000 in any fiscal year of such contractor, the contractor must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer, Department of Financial Services, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the agency by this contract are indicated in section II. A. of the agreement(s) of which this contract is an attachment. In determining the State awards expended in its fiscal year, the contractor shall consider all sources of State awards, including State funds received from the agency, other state agencies, and other nonstate entities except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 2, the contractor shall ensure that the audit complies with the requirements of section 215.97, F.S.. This includes submission ofa reporting package as defined by section 215.97, F.S., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations) Rules of the Auditor General, to include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: activities allowed or unallowed; allowable costs/cost principles; matching (if applicable), and; reporting. 3. If the contractor expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the contractor expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from the contractor's resources obtained from other than State entities). PART ill: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this attachment shall be submitted, when required by section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the contractor directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of contractor's fiscal year end: 22 2007 OAA Agenda Item No. 1602 March 27, 2007 Master Contradt>$B2Md1O'ZJ A. The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh Wade-Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with sections .320 (e) and Cf), OMB Circular A-133, as revised. 2. The contractor shall submit a copy of the reporting package described in section .320 (c), OMB Circular A- 133, as revised, and any management letters issued by the auditor, to the agency at the following address within 45 days of receipt of the report but no later than nine (9) months of contractor's fiscal year end: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh Wade-Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 3. Copies of audits and reporting packages required by PART II of this attachment shall be submitted by or on behalf of the contractor directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of contractor's fiscal year end: A. The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh Wade-Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 23 2007 OM Agenda Item No. 1602 March 27,.ZQQJ Master ContracF~:;M~OifO 4. Any reports, management letters, or other information required to be submitted to the agency pursuant to this attachment shall be submitted timely in accordance with OMB Circular A-133, section 215.97 F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable and should indicate the date that the reporting package was delivered to the contractor in correspondence accompanying the package. S. Contractors, when submitting the financial reporting packages to the agency, should indicate the date that the audit report was delivered to the contractor in correspondence accompanying the audit report. PART IV: RECORD RETENTION The contractor shall retain sufficient records demonstrating its compliance with the terms of this attachment for a minimum period of five (5) years from the date the audit report is issued or longer if requested by the agency in writing, and shall allow the agency or its authorized designee, and the Chief Financial Officer, Department of Financial Services or Auditor General access to such records upon request. The contractor shall ensure that audit working papers are made available to the agency or its designee, and the Chief Financial Officer, Department of Financial Services or Auditor General upon request, for a minimum period of five (5) years from the date the audit report is issued, or may need to be longer if requested in writing by the agency. PART V: SPECIFIC REQUIREMENTS OF AGENCY ADMINISTERED PROGRAMS 1. The agency requires a supplemental schedule of functional expenses be prepared in a format provided by the agency, which presents costs by service (as defmed by the agency), including units of service delivered, for contractors or subcontractors expending state or federal awards for services performed by their employees, contractors, and other payees who receive payment from agency-administered funds for units of service recorded in the department's Client Registration and Tracking System (CIRTS). This supplemental schedule shall be prepared using the same methodology as used in determining the contractual rates. Government entities are excluded from this requirement. 2. If an audit is not required or performed, the head of the contractor entity or organization must provide a written attestation, under penalty of perjury, that the contractor has complied with the allowable cost provisions (congruent with the Reference Guide for State Expenditures and Cost Principles 225 (A-87) and 230 (A-122), and Federal Acquisition Regulation 31.2, whichever is applicable). EXHlBIT 1 to this attachment provides an example attestation document that should be used by the agency head or authorized signatory for agreements to attest to compliance with these provisions. 3. Interest earned on federal funds or general revenue funds must be returned to the agency. A chart is included in all agreements identifying the funding source(s), program titles, applicable CFDA or CSFA numbers and the amount of funds granted. 4. 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H tn '" 0 - Q) Q) ~ ~!a~~ ~ ~ "0 .5 .s.... a $a oE"'.... ..... ~ !a tIS '" ~~ ~ 5b~-= Q) tIS ~ ,t:J ]tt: ~ ~.~ E ~ rn Co) rn . jbO.S 6 ~ . rn Q) Q) "0 s::: u Q) .... .~ ~ .s rn ~ Q) ~ Q) ~.S .... ~ .... .S Q) !a [ a.~ ~ rn = ....."0 .- $a E a "'''OE .~ ~ ~] ~ &"0 ~~ i>. ,g a Q)..s eo; .... S Co) ~S",]~ i>. 0 rn.~ .8 S~.su~ . = ] rn .... rn o u 6 "'" "0 Q) ~ Q) .J:J o s:: a u . ~.S i>.i:! 5~ ~1 ~] s ~ !a ~..s Q) ~.]-= ~'6 U .S "'~ .... U Q) [611 rn "0 rn Q) ~ ~ ,t:J iil Q) :>-. Q) s:: S~-B . t>.S < ~ lr'\ ~~ .~ 6 Q) '.z:: (I) S u 6 < ~-.c ~ :;j 1-<O,t:J ~8'E -NS::: Oto-o8 o5Oi:! 'J::' $l Q) ::l'S:::;':; Q) u rn 8 0 Q) "i3 .... ;'::::s::"O S' Q) !a o E bO u < ~ . "0 .t:: "0" !3 ,g~a.g E:.E Q, ~ ~ ~ E Q) .S $a a ] "8 "0 ~ 'C ~ ....Q)3Q) ~ Q, Q) ..s !3 ..... .J:J . E ti .S ] Q)!3g;g~ S ~ ~ ~ ~ 8 Shoo (I) 5 .S '" a 6 bO Q) -0 .23 S 05 Q) Q)~.... "'bO~>:.d ~'g Q) ~:E a"O .23.5 ~ -0 Q) ~ ] .... o l:: a u-= ~.B .g E ..E .... ',E 0 l:: c:: 8 ';1 ~~ !3 8 - ... ~..s . . .... ..s -= u ~ .... ..s '" Q) ~ .~ :g Q, "0 Q) t+:: .-8 "0 s::: ~] i ...d' I &') ~.S 'S ~i [ ,t:J Q, ..d ~~ u o5.!:l ~ 'OJ..s t:: Q)'" ~ ,t:J o~ ,g :>-.~ ~ E~ g ] E :( E ~ ~ ~ o - .23 Q) ,t:JrIi )~ u a ~~ ..@~ ~ ~~ o 0 . . . V) N 2007 OM Agenda Item No. 1602 March '2..7," ZQQI. Master Contra~~;1('1\6n W APPLICABILITY CHART DEFINITIONS AAA. Area Agency on Aging Program Income. Program incotne means gross income earned by a contractor from activities which are supported by a grant; i.e., when at least some of the cost of the activity is a direct cost of the grant or indirect cost which helps match requirements of the grant Program income includes contributions for meals or other supportive services, proceeds from the sale of tangible personal property purchased for the program, fees for the usage or rental of such property, and patent or copyright royalties for materials developed through the program. Revenue generated from a particular activity of the contractor/sub-contractor for which Agency funds were used to cover at least half the cost is considered program income. Note: Money donated (cash donation) without earmark to the project by the donor should not be declared in an audit to be "program income" Cash Donations. Cash donations are money donated without earmark to the project by the donor. These donations, when used as match, cannot be earmarked for any specific expenditure but aTe to be budgeted normally. Cash donations are not program income. Match. When general revenue funded agreements require match, it may be either by cash, certified public expenditure, or third-party in-kind. The non-federal share used to match OAA funds may be cash, certified public expenditure, or third-party in-kind. Co-payments. Fees assessed and collected according to a sliding scale based on the client's income for CCE and ADI services. In-kind Resources. In-kind resources must be identified in project records, necessary to project's achievement, reasonable and in proportion to time used for project, claimed after use in the project and, not included as contributions for other programs unless specifically allowed. In-kind contributions represent a value placed on noncash contributions provided to the contractor of a agreement. In-kind contributions may consist of actual charges for real property and equipment, and the value of goods and services that directly benefit and are identified with project activities. This may include staff time contributed by state and local agencies not otherwise matched or supported by federal funds. 26 2007 OAA Agenda Item No. 1602 Master Contr~p'~~~W ATTACHMENT ill EXHmIT - 1 MANAGEMENT ATfESTATION LETTER (To be completed at the end of contractor or sub-contractor's fiscal year) Contract or Agreement Number: I, . hereby attest under penalty of perjury (contractor's authorized representative) than , based on the criteria (contractor agency name) set forth in the department's Audit Attachment, PARTS I and II, that: A. The above named contractor agency is not required to provide an audit report or reporting package because I r Cher applicable statement(s)]: . the above-named entity has not expended $500,000 or more in total federal awards in its fiscal year and therefore is not required to have a single or program-specific audit performed in accordance in OMB Circular A-133, as revised, and/or; D the above-named entity has not expended a total amount equal to or in excess of $500,000 in state awards in its fiscal year and therefore is not required to have a State single or program-specific audit in accordance with section 215.97, Florida Statutes. B. The contractor has complied with the allowable cost provisions [congruent with State and Federal law, generally accepted accounting principles, the Department of Financial Services' Reference Guide for State Expenditures, and Office of Management and Budget (OMB) Cost Principles 225 (A-87, 230 (A-I22) and Federal Acquisition Regulation 31.2 or Part 215 (formerly OMB A-I 10), whichever is applicable]. By making this statement the contractor has considered not only funding or awards from the department, but all sources of Federal and State funding or awards. Fiscal year ended (Month, day, year) (Signature) (Fit/e) (Date) 27 2007 OM Agenda Item No. 1602 Master Contr~~~~~WW ATTACHMENTID Exhibit - 2 Oath of Not for Profit Status Contract or Agreernent Number: As an authorized representative for the Contractor identified herein, and in the above referenced document(s), I do hereby swear under oath that this entity is currently a ''not for profit" (non-profit) organization as defined in section SOl(c)(3) of the Internal Revenue Code. If this non-profit status changes for any reason during the life of the above referenced contract or agreement, the Area Agency on Aging for Southwest Florida, Inc. will be notified in writing immediately. Name of Contractor entity Signature of Authorized Representative Printed name and Title of Authorized Representative Date of Oath (Revised February 2004) 28 ;;:Ij)~~"''r rr iIiIIl!I*'ii,ilWII!I,'iiillliii:otii;Jlll!iWiJl;Wi'b#--lI"Ij+",j;'" 2007 OM Agenda Item No. 1602 Master Contra_l1m~b ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The contractor and any sub-contractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the contractor, sub-contractor(s), or any outside entity on which the contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, contractor(s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the contractor (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the contractor agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The contractor and any sub-contractor(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The contractor shall require that the language of this certification be included in all sub-agreements, sub-grants, and other agreements and that all sub-contractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-I02 and CPR Part 215 and Part 215 (formerly OMB Circular A-I 10). Collier County Services for Seniors 3301 Tarniami Trail E Hl211 Naples, FL 34112 Signature ~~~d Legal Cl c ~ .v-t Robert . Assistant County Attorney December 31. 2006 Date (Revised February 2004) 29 2007 OAA Agenda Item No. 1602 Master Contr~ptWJ~~~ffi' ATTACHMENT V MINIMUM GUIDELINES FOR CONTRACTOR GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE FOR MEDICAID WAIVER CLIENTS Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families (DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE MEDICAID WANER CLIENTS OF THE ADVERSE ACTION TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION . The Medicaid Waiver client must be informed by the decision maker of the action, in writing, no less than 10 calendar. days prior to the date the adverse action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable.) . Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. . The Notice must contain: a statement of what action is intended to be taken; the reasons for the intended action; an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar. days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual); 2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for further appeal; 4) the right to seek redress through the courts if applicable; a statement that cWTent benefits will continue if a grievance review is requested, and will continue until a final decision is made regarding the adverse action; and a statement that the individual may represent himselfi'herself or use legal counsel, a relative, a friend, or other qualified representative in the requested review proceedings. . All records of the above activities must be preserved in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REOUEST FOR REVIEW . Within 7 ca1endar* days of the receipt of a request for review, the provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also provide notice of: the time and place scheduled for the review; the designation of one or more impartial reviewers who have not been involved in the decision at issue; the opportunity to examine, at a reasonable time before the review, the individual's own case record, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference at a reasonable time before or during the review; a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, ifneeded, in order to attend the review; and the stopping of the intended action until all appeals are exhausted. . All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination of the action in question. 30 2007 OAA Agenda Item No. 1602 Master Contr~p~~~R~ . The reviewer(s) must provide written notification to the requester, within 7 calendar. days after the grievance review, stating: the decision, the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7 calendar. days, except in decisions involving the professional judgement of a legal assistance provider; the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; the opportunity to be represented by himself7herself or by legal counsel, a relative, a friend or other qualified representative; for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE AREA AGENCY ON AGING · Within 7 calendar. days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity to examine at a reasonable time before the appeal the individual's own case record to date, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference during the appeal; assistance, if needed, in order to attend the appeal; and the stopping ofthe intended action until all appeals are exhausted. · All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. · The designated AAA official(s) must provide written notification to the requester within 7 calendar. days after considering the grievance review appeal, stating: the decision, and the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal, if applicable. · Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision; and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. · All records of the above activities must be preserved and remain confidential. A copy of the final decision must be placed in the client's file. · In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. 31 2007 OM Agenda Item No. 1602 Master Contr~~~~qW ATTACHMENT A ASSURANCES & CERTIFICATIONS The contractor shall maintain proper documentation to substantiate all of the assurance items set out below. Such documentation will be subject to review for adequacy and completeness. Failure to maintain the appropriate and necessary documentation shall be grounds for sanctions and penalties, in accordance with 1. Compliance with Requirements The contractor agrees to administer the program in accordance with the OAA and all applicable regulations, policies and procedures established by the DADS, the AoA, and the Secretary of Health and Human Services. II. General Administrative and Fiscal Requirements The contractor shall adhere to uniform administrative requirements and cost principles which are in compliance with relevant provisions of Cost Principles 225 (A-87) and 230 (A-122) and Federal Acquisition Regulation 31.2"OMB Circulars A-I02 , and A-133 and 2 CPR Part 215 and part 215 (formerly OMB Circular A-ll0), as applicable; 45 CPR, Part 74; 45 CPR, Part 92; and other OMB Circulars, except where these provisions are superseded by statute. Comply with the cost principles, administrative requirements, and other provisions of all applicable state and federal laws and regulations including: sections 215.97 and 216.348, F.S., Title 45, Code of Federal Regulations (CPR), Part 74, and/or 45 CPR, Part 92, and/or 48 CPR Part 31, and Office of Management and Budget (OMB) Circulars A-133 and A-I02 and 2 CFR Part 215 and Part 215 (formerly OMB Circular A-II0) and Cost Principles 225 (A-87) and 230 (A-122) and Federal Acquisition Regulation 31.2 , whichever is applicable to the contractor's organization. Comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act [42 United States Code (D.S.c.) 7401 et seq.], the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) code, Title 29 CPR, Part 1910.1030, and the Federal Water Pollution Control Act as amended (33 U.S.c. 1251 et seq.). The contractor shall report any violations of the above to the agency. Prior to execution of this contract, complete the Certification Regarding Lobbying form, ATTACHMENT I, and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Agreements/Subagreements form, ATTACHMENT n. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the agency's grant manager, and all disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the agency with the signed agreement Comply with the provisions of Chapter 119, F.S., allowing public access to all documents, papers, letters, or other materials made or received by the contractor in conjunction with this contract and any agreements incorporating this contract by reference. In addition, section 20.41(9), F.S., requires that all lead agencies are subject to Chapter 119, F.S., relating to public records. and, when considering any agreements requiring the expenditure of funds, are subject to section 286.011-286.012, F.S., relating to public meetings. 32 2007 OM Agenda Item No. 1602 Master Contr~'~~W~ m. Safeguarding Confidential Information The contractor shall implement such regulations, standards, and procedures as are necessary to meet the requirements on safeguarding confidential infonnation under the relevant program regulations. Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to use or disclose any information concerning a client who receives services under agreements and/or contracts incorporating this contract by reference or subsequent agreements and/or contracts for any purpose not in conformity with state and federal regulations, except upon written consent of the client, or the client's authorized representative. HIP AA Compliance: Comply with all requirements of the Health Insurance Portability Act (HIP AA) of 1996, as applicable IV. Standards for Fire, Health, Safety, Sanitation and Other Standards The contractor providing services under this contract shall operate fully in conformance with all federal, state and local fire, health, safety, sanitation, and other standards prescribed in law or regulations. Such requirement shall also be passed to all subcontractors and subgrantees in the fulfillment of this contract. The contractor assures that where the state or local jurisdictions require licensure for the provision of services, agencies providing such services shall be licensed. V. Insurance Coverage The contractor will maintain fire and casualty, worker's compensation, fidelity bond, and general liability insurance in amounts prescribed in statute or regulation, as applicable. VI. Participant Grievance Procedures The contractor shall establish written procedures through which participants can communicate aspects of the service which impact negatively upon them. All procedures shall be in accordance with 40 TAC g81.19. Grievance and Appeal Procedures: Ensure through agreement provisions that sub-contractors and vendors follow the Minimum Guidelines for Contractor Grievance Procedures, A TI' ACHMENT V, for handling complaints from clients who complain service has been suspended, terminated or reduced. Contractors and subcontractors will also establish their own complaint procedures for clients who are dissatisfied with or denied services that include, at minimum, notice of the right to complain and to have their complaint reviewed. It is expressly understood that substantial evidence of the contractor1s refusal to comply with any of the above provisions shall constitute a breach of this contract. VII, Equal Employment Opportunity a. Americans with Disabilities Act of J 990 - The contractor shall comply with the requirements established under the Americans with Disabilities Act in meeting statutory deadlines established under the Act as they pertain to operations for employment, public accommodations, transportation, state and local government operations and telecommunications. 33 .!. "'-~ ._-- .~... 2007 OAA Agenda Item No. 1602 March 27 ~ ~Q07 Master ContraGta~3;:Nln fiJ b. Section 504 of the Rehabilitation Act of 1973 - The contractor shall provide that each program activity, when viewed in its entirety is readily accessible to and usable by persons with disabilities in keeping with 45 CPR, Part 84.11, et. seq., and as provided for in Section 504 of the Rehabilitation Act of 1974, as amended. When structural changes are required, these changes shall be in keeping with 45 CPR, Part 74. c. Title VI of the Civil Rights Act of 1964- The contractor shall ensure that benefits and services available under this contract are provided in a non-discriminatory manner as required by Title VI of the Civil Rights Act of 1964, as amended. d. Age Discrimination in Employment Act of 1967 - The contractor shall comply with Age Discrimination in Employment Act of 1967 (29 V.S.C. 621, et. seq.). Civil Rights Certification: 1. The contractor gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, agreements (except agreements of insurance or guaranty), property, discounts, or other federal fmancial assistance. The contractor shall comply with all federal, state and local regulations, statutes and ordinances relating to nondiscrimination in programs or activities receiving or benefiting from state, federal, or local financial assistance, whichever apply. These include, but are not limited to: (a) Executive Order 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at Title 41 CPR, Part 60; (b) Title VI of the Civil Rights Act of 1964, as amended, 42 V.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin; (c) Title IX of the Education Amendments of 1972, as amended, 20 V.S.c. 1681-1683, and 1685-1686 et seq., which prohibits discrimination on the basis of sex in education programs; (d) Section 504 of the Rehabilitation Act of 1973, as amended, 29 V.S.C. 794, which prohibits discrimination on the basis of handicaps; (e) The Age Discrimination Act of 1975, as amended, 42 D.S.C. 6101 et seq., which prohibits discrimination on the basis of age; and with any and all other applicable regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes or which may apply to agreements and/or contracts covered by this contract. 2. The contractor agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A and B), if services are provided to clients and if fifteen (15) or more persons are employed. For contractors employing less than 15 persons, the agency requests completion of the Civil Rights Compliance Questionnaire. 3. The contractor shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include advising clients, employees, and participants of the right to file a complaint, their right to appeal a denial or exclusion from the services or benefits, and their right to a fair hearing as a result of their complaint of discrimination. Complaints of discrimination involving services or benefits through agreements and/or contracts referencing this contract may also be filed with the Area Agency on Aging for Southwest Florida, Inc., and the Secretary of the Department of Elder Mfairs or the appropriate federal or state agency. 4. The contractor agrees that compliance with these assurances are a condition of continued receipt of or benefit from federal fmancial assistance, and that it is binding upon the contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The contractor further assures that all subcontractors, vendors, or others with whom it arranges to 34 2007 OAA Agenda Item No. 1602 Master Contr~~~~W provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the contractor understands that the agency may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. VID. Drug Free Workplace The contractor shall comply with the Drug-Free Workplace Act of 1988,41 D.S.C. ~~701-704, and- 28 TAC Chapter 169, as applicable. IX. Lobbying As required by Title 31. US Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits contractors of Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a specific grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non-Federal (nonappropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part 93). The contractor certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the under- signed, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form-LLL, "Disclosure of Lobbying Activities." its instructions, and continuation sheet are included at the end of this application form.) (c) The contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Use of Funds For Lobbying Prohibited: Comply with the provisions of section 216.347, F.S., Title 48 CPR, Part 31.205, or Title 45 CPR, Part 93, whichever is applicable, that prohibit the expenditures of funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. 35 2007 OM Agenda Item No. 1602 March 27. 2007 Master Contraet.~M1iflJ7 X. Outreach The contractor shall ensure that outreach efforts identify individuals eligible for assistance and inform them of available services under the OAA, with special emphasis on rural elderly, older individuals who have greatest economic need (with particular attention to low-income minority individuals), older individuals who have greatest social need (with particular attention to low income minority individuals), and older individuals with severe disabilities, and inform such individuals of the availability of such assistance. XI. Grant Purchased Equipment The contractor shall ensure that all equipment purchases made utilizing grant ftmds comply with applicable laws and regulations with special attention to 45 CPR 92. Equipment may be assigned to contractor for use in connection with this contract. Title to the real and personal property shall vest in the contractor subject to the condition that the contractor shall use the property for the authorized purpose of the original contract for the entire term of the contract. It is further agreed that the contractor shall maintain adequate property control records, perform regular inventories, document adequate maintenance and repair, and establish adequate safeguards to prevent loss, damage, or theft to any such property in accordance with sound industrial practice. Personal property shall include all tangible personal property having a useful life of more than one year and an acquisition cost of $5,000.00 or more. Unless otherwise provided in the contract, the contractor, upon delivery or acquisition of any such property, shall assume the risk of and be responsible for, any loss thereof or damage thereto, except for reasonable wear and tear, and except to the extent that such property is consumed in the performance of this contract. The contractor shall, upon completion of this contract or where there is otherwise no longer a need for such property, give written notice to the DADS within ten (10) calendar days to such effect. It is further agreed that upon receipt by the DADS of such written notice, the DADS shall issue instructions as to the continued use or disposition of such property to the contractor pursuant to applicable federal regulations as outlined in OMB Circular A-I02 and 2 CPR Part 215 XII. Maintenance of Non-Federal Support for Services The contractor shall not replace funds from non-federal sources with federal funds. The contractor agrees to continue to initiate efforts to obtain support from other sources for services funded under this contract. xm. Training Requirements The contractor shall provide in-service training to all personnel relative to the performance of this contract. The contractor shall secure appropriate training and certification for all personnel delegated duties that require such specialized training and/or certification. XIV. Coordination Requirements The contractor agrees the DADS may establish procedures and mechanisms necessary to assure effective coordination between the various activities and programs operating pursuant to the OAA, as amended, and other local, state or federal programs operating on behalf of older persons. 36 2007 OM Agenda Item No. 1602 March 27, 2007 Master Contraetl~e3~1l0Y xv. Coordination of Service Delivery Contractors who operate focal points in the community must assure collocation of services, where feasible. XVI. Emergency Management In the event of a disaster, whether man-made, natural, or of a civil defense nature, the contractor will provide and coordinate appropriate resources to federal disaster relief agencies and may provide equipment and resources for the following activities: temporary shelter; nutrition services; food preparation; transportation and volunteers. XVII. Taxes The contractor will comply with all state, federal and local tax requirements with respect to property and personnel. XVIll. Debarment and Suspension As required by Executive Order 12549, Debarment and Suspension and implemented at 45CFR Part 92.35, for prospective participants in Federal assistance programs: ( a) The contractor certifies to the best of his or her knowledge and belief, that the organization, defined as the primary participant in accordance with 45 CPR Part 76, and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; (2) have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (4) have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. (b) Should the contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the application package. The contractor agrees by submitting this proposal that it will include, without modification, the clause titled "Certification Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion-- Lower Tier Covered Transactions" in all lower tier covered transactions (Le., transactions with sub. grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CPR Part 76. XIX. Personnel The contractor shall fwnish all necessary personnel and shall appoint personnel of adequate qualifications, skill and expertise as are required to perform the services to be rendered in accordance and compliance with the terms of this contract. The contractor shall be responsible for completion of the services to be rendered in accordance with this contract and all applicable service standards. The 37 2007 OM Agenda Item No. 1602 Master Contra~~~~;Q,1; contractor shall provide all necessary SupervISIon and coordination of activities that is required to complete the services and fulfill all contractual obligations. XX. Provision of Services The contractor assures compliance with the following provisions relating to the services covered by this contract. a. Eligibility - The services covered by this contract serve only those individuals and groups eligible under the provisions of the OAA, as amended. b. Residency - No requirements as to duration of residence or citizenship as a condition of participation in the provision of services will be imposed on persons requesting services. c. Coordination and Maximum Utilization of Services - The contractor, to the maximum extent, shall coordinate and utilize the services and resources of other appropriate public and private agencies and organizations. Efforts shall be demonstrated to coordinate with local state agencies to ensure non-duplication of administrative activities and service delivery to the maximum extent possible. Coordination activities shall reduce administrative burden on service providers and provide better service delivery to program participants. d Prohibition of Means Test for Services - The contractor shall provide all services funded by the OAA, as amended, without the use of any means test to determine eligibility for services. e. Legal Assistance Services Attorney-Client Privilege - The contractor shall not divulge any information that is protected by the attorney-client privilege held by program participants. I, the undersigned, certify that compliance with these assurances and certifications will be accomplished. I further certify that I am authorized to sign for the contractor agency. CONTRACTOR: Collier County Services for Seniors James Coletta. Chairman Typed Name and Title of Authorized Official Signature of Official December 31. 2006 Date Robert N. ZacHa Assistant County Attorney 38 2007 GR Agenda Item No. 1602 Master Contract~~~n STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. MASTER CONTRACf FOR GENERAL REVENUE PROGRAMS THIS MASTER CONTRACf is entered into this 31st day of December ,2006 , by and between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "Agency," and the Collier County Services for Seniors, hereinafter referred to as the "contractor." The terms contractor and subcontractor are deemed to have the same meaning and definition as the terms recipient and subrecipient as defined in OMB Circular A-133, are interchangeable, and have the same force and effect. This contract is the successor to Master Agreement Number HM:004, entitled State of Florida, Department of Elder Affairs, Master Agreement. This contract shall begin on January 1,2007 or on the date the contract has been signed by both parties, whichever is later, and shall end on December 31, 2007. This contract can be renewed for an additional one (I) year term by agreement of the parties. All agreements and/or contracts executed between the agency and the contractor during the effective period of this contract shall reference this contract by number, incorporating it therein, and shall be governed in accordance with the applicable laws, statutes and other conditions set forth in this contract. 1. Scope of Services The contractor agrees to provide the services specified in each agreement and/or contract with the agency during the period this master contract is in effect. The contractor agrees that this master contract covers all services provided by the contractor under agreements and/or contracts with the agency. The contractor agrees to provide services in compliance with the provisions of the Department's Home and Community Based Services Handbook. II. Independent Contractor The contractor will be acting in its independent capacity and not as an employee, agent or representative of the agency. The contractor shall not be deemed or construed to be an employee, agent or representative of the agency for any purpose whatsoever. Nothing contained in this contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The contractor shall be responsible for the work under this contract, including the work of any subcontractor it may utilize. m. Payment Requirements The contractor agrees to submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre audit and post audit thereof of all agreements and/or contracts covered by this contract. The contractor shall comply with the particular requirements under the following laws and guidelines that are applicable to the agreements and/or contracts covered under this contract: (a) paragraph (16) (b) of section 216.181, F. S., regarding advances; (b) paragraph 691-40.103 F.A.C. pertaining to Restriction of Expenditures from state funds; and, (c) the Contract Payment Requirements sub-section of section C of the Reference Guide for State Expenditures from the Department of Financial Services (http://www.fldfs.comlaadir/reference%5Fguidel). The contractor certifies that detailed documentation is 2007 GR Agenda Item No. 1602 Master Contra~~~q~n available to support each item on the itemized invoice or payment request for cost reirnbursed expenses, fixed rate or deliverable contracts, including paid subcontractor invoices, and will be produced upon request by the agency. The contractor further certifies that reimbursement requested is only for allowable e~penses as defined in the laws and guiding circulars cited in Section N. (State and Federal Law and Regulations) of this contract, in the Reference Guide for State Expenditures, and any other laws or regulations, as applicable, and that administrative expenses do not exceed amounts budgeted in the contractor's approved service provider application as developed in accordance with and pursuant to section 306(a) of the Older Americans Act of 1965, as amended. The contractor and subcontractors shall provide units of deliverables, including reports, findings, and drafts as specified in the agreements and/or contracts and attachments covered by this contract, and the area plans developed by the agency and the service provider application developed by the contractor to be received and accepted by the contract manager prior to payment. N. State and Federal Laws and Regulations: The contractor shall comply with the cost principles, administrative requirements, and other provisions of all applicable state and federal laws and regulations including, but not limited to: the Older Americans Act of 1965, as amended, sections 215.97 and 216.348, F.S., Title 45, Code of Regulations (CPR), Part 74, and/or 45 CFR Part 92 and Part 1321, and/or 48 CFR Part 31, and Office of Management and Budget (OMB) Cost Principles 225 (A-87) and 230 (A-122), Federal Acquisition Regulation 31.2, Circulars A-133 and A-I02 and 2 CFR Part 215 and Part 215 (formerly OMB Circular A-I 10), whichever is applicable to the contractor's organization. The contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act [42 United States Code (U.S.C.) 7401 et. seq.], the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) code, Title 29 CPR, Part 1910.1030, and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. seq.). The contractor shall report any violations of the above to the agency. The contractor shall comply with section 112.061, F. S., and any policies of the agency regarding any and all business travel pursuant to agreements and/or contracts covered by this contract (including use of the State approved Reimbursement of Travel Expenses form, or an equivalent form developed by the contractor), and comply with the provisions of Chapter 119, F.S., allowing public access to all public records made or received by the contractor in conjunction with this contract and any agreements and/or contracts incorporating this contract by reference. In addition, section 20.41(9), F.S., requires that all lead agencies are subject to Chapter 119, F.S., relating to public records, and, when considering any contracts requiring the expenditure of funds, are subject to sections 286.011 and 286.012, F.S., relating to public meetings. Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S.. an employee of the contractor or subcontractors who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (l-800-96ABUSE). Transportation Disadvantaged: If clients are to be transported under any agreements and/or contracts incorporating this contract, the contractor shall comply with the provisions of Chapter 427, F .S., and Chapter 41-2, F. A. C. Use of Funds For Lobbying Prohibited: The contractor shall comply with the provisions of section 216.347, F .S., which prorubits the expenditures of funds for the purpose oflobbying the Legislature, a judicial branch or a state agency. 2 2007 GR Agenda Item No. 1602 Master Contrac~~e~~~n Safeguarding Information: Except as provided for the agency's auditing and monitoring purposes, the contractor shall not use or disclose any information concerning a client who receives services under agreements and/or contracts incorporating this contract by reference or subsequent agreements and/or contracts for any purpose not in conformity with state and federal regulations, except upon written consent of the client, or the client's authorized representative. Health Insurance Portability Act of 1996 (HIPAA) Compliance: If the contractor will receive client's protected health information as a result of this contract, then the agency recognizes that the agency and the contractor are "Business Associates" of each other under the terms of the HIP AA. Furthermore, the agency and the contractor will enter into a Business Associate Agreement separate from this contract Grievance and Appeal Procedures: The contractor shall ensure, through its contract provisions, that subcontractors follow the Minimum Guidelines for Contractor Grievance Procedures, ATTACHMENT V, for handling complaints from clients who complain service has been suspended, terminated or reduced. Contractor and subcontractors will also establish their own complaint procedures for clients who are dissatisfied with or denied services that include, at minimum, notice of the right to complain and to have their complaint reviewed. It is expressly understood that a finding that the contractor materially and substantially has not complied with any of the provisions of this section shall constitute a breach of this contract. V. Civil Rights Certification: 1. The contractor gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, awards, agreements (except agreements of insurance or guaranty), property, discounts, or other federal financial assistance and also assures compliance with all federal, state and local regulations, statutes and ordinances relating to nondiscrimination in programs or activities receiving or benefiting from state, federal, or local financial assistance, whichever apply. These include, but are not limited to: (a) Executive Order 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at Title 41 CFRPart 60; (b) Title VI of the Civil Rights Act of 1964, as amended, 42 V.S.C. 2000d et seq., which prohibits discrimination on the basis ofrace, color, or national origin; (c) Title IX of the Education Amendments of 1972, as amended, 20 V.S.C. 1681-1683, and 1685-1686 et seq., which prohibits discrimination on the basis of sex in education programs; (d) Section 504 of the Rehabilitation Act of 1973, as amended, 29 V.S.C. 794, which prohibits discrimination on the basis of handicaps; (e) The Age Discrimination Act of 1975, as amended, 42 V.S.C. 6101 et seq., which prohibits discrimination on the basis of age; and with any and all other applicable regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. 2. The contractor agrees to complete the Civil Rights Compliance Questionnaire (DOEA forms 101 A and B), if services are provided to conswoers and if fifteen (15) or more persons are employed. For contractors employing less than 15 persons, the agency requests completion of the Civil Rights Compliance Questionnaire. 3. The contractor agrees to establish procedures pursuant to federal law to handle complaints of discrimination involving services or benefits through this contract. These procedures shall include providing clients, employees, and participants of the right to file a complaint with the appropriate federal or state entity. These assurances are a condition of continued receipt of or benefit from federal financial assistance, and are binding upon the contractor, its successors, transferees, and assignees for the period during which such assistance is provided. The contractor further assures that all subcontractors, vendors, or others with whom it arranges to provide services or benefits to participants or employees in connection with 3 2007 GR Agenda Item No. 1602 Master Contrac~~rf~~~6 any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failW'e to comply, the contractor understands that the agency may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, including but not limited to, termination of and denial of further assistance. VI. Withholdings and Other Benefits: The contractor is responsible for its employees Social Security and Income Tax withholdings. VII. Indemnification: If the contractor is a state or local governmental entity, pursuant to section 768.28(18), F.S., the provisions of this section do not apply. 1. Contractor agrees to indemnify, defend, and hold harmless the agency and all of the agency's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission, action in bad faith, or violation of federal or state law by the contractor, its agents, employees, or subcontractors in connection with the performance of all agreements and/or contracts incorporating this contract by reference, whether direct or indirect, and whether to any person or property to which the agency or said parties may be subject, except that the contractor will not indemnify the agency or its officers, agents or employees for that portion of any loss or damages proximately caused by the negligent or intentional act or omission of the agency or any of its officers, agents, or employees. 2. Contractor's obligation to indemnify and defend shall be triggered on the seventh (7th) day following the agency's notice of claim for indemnification to contractor. Contractor's inability to evaluate liability or its evaluation of liability shall not excuse contractor's duty to defend and indemnify the agency, within seven (7) calendar days following notice by the agency. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the contractor not liable shall excuse performance of this provision by contractor. The contractor's obligations under this paragraph are contingent upon the agency giving the contractor: (1) prompt written notice of any action or threatened action for which the agency is seeking indenmification; (2) the opportunity to take over and settle or defend any such action at the contractor's sole expense, and (3) assistance in defending the action at the contractor's sole expense. The contractor shall not be liable for any cost, expense or compromise incurred or made by the agency in any legal action without the contractor's prior written consent, which shall not be unreasonably withheld. 3. It is the intent and understanding of the parties that the contractor, or any of its subcontractors, are not employees of the agency and shall not hold themselves out as employees or agents of the agency without specific authorization from the agency. It is the further intent and understanding of the parties that the agency does not control the employment practices of the contractor and shall not be liable for any wage and hoW', employment discrimination, or other labor and employment claims against the contractor or its subcontractors. Vill. Insurance and Bonding: 1. The contractor agrees to provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the effective period of any and all agreements and/or contracts incorporating this contract by reference. The contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable 4 2007 GR Agenda Item No. 1602 Master contra~~ii!Jg~n financial protections for the contractor and the clients to be served under agreements and/or contracts incorporating this contract by reference. Upon execution of each agreement and/or contract covered under this contract, the contractor shall furnish the agency written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self- insurance program established and operating under the laws of the State of Florida. The agency reserves the right to require additional insurance where appropriate. 2. The contractor agrees to furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the contractor authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. IX. Purchasing: The contractor agrees to develop procurement procedures which are in accord with applicable state and/or federal requirements, which encourage fair and open competition and which promote a diversity of contractors and subcontractors for all services purchased pursuant to this contract. 1. PRIDE Any service or item manufactured, processed, grown, or produced by Prison Rehabilitative Industries and Diversified Enterprises, Inc. (pRIDE) in a correctional work program may be furnished or sold to the contractor and to any subcontractor, or to any person, firm, or business entity if not prohibited by federal law. 2. Procurement of Products or Materials with Recycled Content Reusable materials and products shall be used where economically and technically feasible. 3. Equity in Contracting The agency is committed to embracing diversity in the provision of services to Florida's elders and in providing fair and equal opportunities for aU qualified minority businesses in Florida. The contractor shall report information to the agency on utilization of certified minority and non-certified minority subcontractors receiving funds pursuant to all agreements and/or contracts covered by this contract. This report shall be submitted quarterly to the agency. The contractor is encouraged to identify in any geographic location(s) that has been designated as a Front Porch Conununity by the Governor and to direct services to that Front Porch Community as appropriate. X. Sponsorship: 1. If the contractor sponsors a program financed partially by state funds or funds obtained from a contract or agreement with the agency, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by Area Agency on Aging for Southwest Florida, Inc. and the State of Florida, Department of Elder Affairs." If the sponsorship reference is in written material, the words "State of Florida, Department of Elder Affairs" shall appear in the same size letters or type as the name of the organization in accordance with section 286.25, F.S., and if the department's and/or agency's logo is incorporated, shall ensure that the current logo is used. This shall include, but is not limited to, any correspondence or other writing, publication or broadcast that refers to such program. 2. The contractor shall not use the words "The State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise fmanced unless specific authorization has been obtained by the agency prior to use. 5 2007 GR Aaenda Item No. 1602 Master Co~trac~~~fJp~o/jb XI. Public Entity Crime: Denial or revocation of the right to transact business with public entities: In compliance with the legislature's intent to restrict the ability of persons convicted of public entity crimes to transact business with the agency, the contractor agrees that compliance with sections 287.017 and 287.133, F.S., is a condition of receipt or benefit from state or federal funds and it is binding upon the contractor, its successors and transferees during the period of this contract. The contractor further assures that the contractor, its officers, directors, senior management, partners, employees or agents have not been convicted of any public entity crimes within the last 36 months. If the contractor or any of its officers or directors is convicted of a public entity crime during the period of this contract, the contractor shall notify the agency immediately. Non-compliance with these statutes shall constitute a breach of this contract. XII. Employment: The contractor is a non-governmental organization, therefore, it is expressly understood and agreed that the contractor will not lmowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to the Immigration Nationality Act (INA), Sec. 274A [8 US.C. s.1324a]. Violation of the employment provisions as determined pursuant to section 274A shall be grounds for unilateral cancellation of any and all agreements and/or contracts incorporating this contract by reference. XIII. Audits and Records: The Contractor agrees: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting principles and practices that sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under all agreements and/or contracts covered by this contract. The contractor agrees to maintain records, including paid invoices, payroll registers, travel vouchers, copy logs, postage logs, time sheets, etc., as supporting documentation for service cost reports and for administrative expenses itemized for reimbursement. Original documentation will be made available upon request for monitoring and auditing purposes. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, or copy at the expense of the contractor by state personnel and other personnel duly authorized by the agency, as well as by state and federal personnel, if applicable. 3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require pursuant to this contract, and agreements or contracts incorporating this contract by reference, within the period of this contract Such reporting requirements must be reasonable given the scope and purpose of the agreements and/or contracts incorporating this contract by reference. 4. To submit management, program, and client identifiable data, as specified by the agency pursuant to this contract, and agreements or contracts incorporating this contract by reference. To assure, through agreement provisions in sub agreements and/or subcontracts with subcontractors, program specific data is recorded and submitted in accordance with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guidelines. 5. To provide an independent fmancial and compliance audit to the agency as specified in ATTACHMENf ill and to ensure all related party transactions are disclosed to the auditor. 6 2007 GR Agenda Item No. 1602 Master Contrac~ii~~~n 6. To include these aforementioned audit and record keeping requirements, including ATTACHMENT III, in all subcontracts and assignments. 7. The contractor agrees to provide client information and statistical data when requested by the agency. 8. To provide to the agency all fiscal information regarding services contracted to subcontractors pursuant to this contract using an application provided by the agency. XIV. Retention of Records: 1. The contractor shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each agreement and/or contract covered under this contract for a period of at least five (5) years after termination of the agreement(s), or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained at least until resolution of the audit findings. These records may be subject to additional retention requirements set by law. 2. Persons duly authorized by the agency, department, and federal auditors, pursuant to Title 4S CPR, Part 92.42(e)(I) and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. XV. Monitoring and Incident Reporting: 1. The contractor will be subject to an annual monitoring by the agency. The contractor will provide progress reports, including data reporting requirements as specified by the agency to be used for monitoring progress or performance of the contractual services as specified in the area plan and the service provider application. 2. The contractor will be responsible for implementing all corrective actions from previous and current monitoring reports in a timely manner. The contractor must assign a high priority to the resolution of monitoring fmdings and recommendations to ensure corrective action(s) addressing programmatic, fiscal and/or operational deficiencies are fully and timely implemented. 3. The contractor will be responsible for at least one monitoring per year of its subcontractors. The contractor will perform fiscal, administrative and programmatic monitoring of subcontractors to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. A copy of the monitoring report will be submitted to the agency within 60 days of cornpletion of the monitoring. 4. The contractor shall permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the contractor and subcontractors which are relevant to agreements and/or contracts incorporating this contract by reference and to interview any clients and employees of the contractor and subcontractors to be assured of satisfactory performance of the terms and conditions of these agreements and/or contracts. The contractor's failure to correct or justify deficiencies within a reasonable time as specified by the agency may result in the agency taking any of the actions identified in Section XXIV. (Enforcement) of this contract or the agency deeming the contractor's failure to be a breach of this contract. 5. Extraordinary Reporting: The contractor shall notify the contract manager for the agency immediately, but no later than within 24 hours, from the contractor's awareness or discovery of problems, delays or adverse conditions that may materially affect or impair the subcontractor's ability to perform or meet contract requirements or affect 7 2007 GR Agenda Item No. 1602 Master contrac~g-~e~g~6 the health, safety or well-being of clients. The notice shall include a brief summary of the problem(s), a statement of the action taken or contemplated, time frames for implementation, and any assistance needed to resolve the situation. Examples of Level One reportable conditions may include, but are not limited to: a. proposed client terminations; b. service quality or service delivery problems; c. contract non-compliance; and/or d. contractor or subcontractor financial concerns and/or difficulties. The contractor must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Substantiated allegations must be reported to the agency's contract manager within 48 hours. In the event that a situation results in the cessation of services by a subcontractor or vendor, the contractor retains the responsibility for performance under agreements and/or contracts covered by this contract and must follow their own procedures to ensure that clients continue receiving services without interruption, e.g. exercising their emergency procurement procedures, temporary assumption of the direct provision of services, etc. All written reports required by this section shall be sent to the agency via registered mail to the applicable contract manager unless otherwise advised. XVI Assignments and Subcontracts and/or Subagreements: In the event the contractor utilizes subcontractors to provide services pursuant to this contract, such subcontractors shall be subject to the conditions of this contract and the agreements and/or contracts incorporating it by reference. This contract does not provide any rights to said subcontractors. For every transaction, the contractor must determine if the subcontractor is a vendor rather than a subcontractor, as defmed in section 215.97, F. S., and this determination must be documented in writing. When a vendor relationship is identified, an agreement and/or contract with all of the terms and conditions set forth in this contract is not required However, a written agreement and/or contract is required that outlines the terms of the agreement and/or contract, the goods being purchased or services to be performed, and conditions for procurement, receipt and payment for goods and services. Compliance for vendors is usually limited to these tasks unless the contractor chooses to pass down program compliance to the vendor in the written agreement. The contractor is ultimately responsible for assuring program compliance and performance, and any applicable conditions of this contract and the agreements and/or contracts covered by it. Unless otherwise stated in the contract between the contractor and the subcontractor, payments made by the contractor to the subcontractor must be made within seven (7) working days after receipt by the contractor of full or partial payments from the ~gency in accordance with section 287.0585, F.S. Payments to vendors contracted by the contractor/subcontractors shall be made in accordance with the terms as negotiated with the vendor(s). Failure to pay within these time frames may result in the agency taking action as set forth in Section XXIV. (Enforcement) of this contract. XVII. Funding Obligations: The agency acknowledges its obligation to pay the contractor for the performance of the contractor's duties and responsibilities set forth in this contract and for the contractor's performance of other contracts and/or agreements that incorporate this contract by reference. 8 2007 GR Agenda Item No. 1602 Master Contrac~if~~rn The agency shall not be liable to the contractor for costs incurred or perfonnance rendered \mless such costs and performances are strictly in accordance with the tenns of an agreement and/or contract executed between the contractor and the agency that incorporates this contract by reference, including but not limited to terms, governing the contractor's promised performance and unit rates and/or reimbursement capitations specified. The agency shall not be liable to the contractor for any expenditures which are not allowable costs as defined in the C.F.R., Title 45, Parts 74 and 92, as amended, or which expenditures have not been made in accordance with all applicable state and federal rules and laws. The agency shall not be liable to the contractor for expenditures made in violation of applicable state and federal laws, rules, or provisions of this contract. xvm. Return of Funds: 1. The contractor agrees to return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of all agreements and/or contracts for which funds were disbursed to the contractor by the agency. a. The contractor shall return any overpayment to the agency within forty (40) calendar days after either discovery by the contractor, or notification by the agency, of the overpayment. b. In the event the contractor or its independent auditor discovers an overpayment has been made, the contractor shall repay said overpayment within forty (40) calendar days without prior notification from the agency. In the event the agency first discovers an overpayment has been made, the agency will notify the contractor by letter of such a fmding. c. Overpayments to subcontractors due to unallowable or un-allocable expenses or to vendors or subcontractors due to billing discrepancies must be returned to the contractor under the same terms and conditions as this section. Information indicating subcontractors have been overpaid as a result of over-budgeting on the unit cost methodology can be used by the contractor to negotiate lower rates in subsequent years. Continuous overpayment to subcontractors due to over budgeting may result in a demand for repayment to the contractor or the agency under the same terms and conditions of this section. Repayment received by the contractor must be reported to the agency and may be either re-allocated to other contractors or returned to the agency, at the agency's discretion. d. Overpayments not returned to the agency in a timely manner will be subject to interest at the rate established in section 55.03, F.S. XIX. Data Integrity Federal Grants Management requires that a contractor receiving state and federal funds must have a financial management system, which is capable of providing accurate information for prescribed reporting requirements. For the purposes of full disclosure of financial results for federally funded or state-sponsored programs and for accountability, those reporting requirements may necessitate that the contractor make particular calculations and submit specific data. Accordingly, the contractor must, prior to execution of this contract, complete the Data Integrity Certification form, AIT ACHMENT N. 9 2007 GR Agenda Item No. 1602 Master Contrac~~~~~n6 XX. Conflict of Interest: The contractor will establish safeguards to prohibit employees, board members, management and subcontractors from using their positions for a pwpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer or agent of the contractor or subcontractor shall participate in selection, or in the award or administration of an agreement supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member ofhis/her immediate family; (c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The contractor or subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements and/or subcontracts. The contractor's board members and management must disclose to the agency any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of this contract. The contractor's employees and subcontractors must make the same disclosures described above to the contractor's board of directors. Compliance with this provision will be monitored. XXI. CONTINGENCY PLAN: In its service provider application, the contractor shall provide to the agency a contingency plan, updated annually. The contingency plan shall set forth procedures to ensure services to clients will not be interrupted or suspended in the event the contractor or its subcontractors are unable to perform its duties under this contract or any agreement and/or contract incorporating this contract. The determination as to whether the contractor is unable to perform its duties, thereby necessitating utilization of the contingency plan, shall be made at the sole discretion of the agency. XXII. Payment: Pursuant to section 215.422, F.S., the agency shall make payment within 40 days, measured from the latter of the date the Request for Payment is received or the goods or services are received, inspected and approved. Requests for Payment returned to a vendor or a contractor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. XXIII. Vendor Ombudsman: Contractors who may be experiencing problems in obtaining timely payment(s) from the agency may contact the Vendor Ombudsman within the Department of Banking and Finance. Subcontractors and vendors experiencing problems obtaining timely payment(s) from contractors may contact the agency's contract manager at (239) 332-4233. XXN. Enforcement 1. The agency may, without taking any intermediate measures available to it against the contractor, rescind the contractor's designation as a lead agency, if the agency finds that: a. an intentional or negligent act of the contractor has materially affected the health, welfare, or safety of clients served pursuant to this contract, or substantially and negatively affected the operation of services covered under this contract; b. the contractor lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated; 10 ....- ~1tIlt_~;IIlIlll~~>!i':;"""'; .-, 2007 GR Agenda Item No. 16D2 Master Contrac~~fJ9~6 c. the contractor has committed multiple or repeated violations of legal and regulatory standards, regardless of whether such laws or regulations are enforced by the agency, or the contractor has committed or repeated violations of agency standards; d. the contractor has failed to continue the provision or expansion of services after the declaration of a state of emergency; and/or e. the contractor has failed to adhere to the terms of this contract or the terms of any agreements and/or contracts covered by this contract and incorporating it by reference. 2. In the alternative, the agency may, at its sole discretion, in accordance with section 430.04, F.S., take intermediate measures against the contractor, including: corrective action, unannounced special monitoring, temporary assumption of the operation of one or more contractual services, placement of the contractor on probationary status, imposing a moratorium on contractor action, imposing fmancial penalties for nonperformance, or other administrative action pursuant to Chapter 120, F.S. 3. In making any determination under this provision the agency may rely upon the findings of another state or federal agency, or other regulatory body. Any claim for damages for breach of this contract is exempt from administrative proceedings and shall be brought before the appropriate entity in the venue of Lee County. In the event the agency initiates action to rescind a lead agency's designation, the agency shall follow the procedures set forth in 42 U.S.C. ~ 3025(b). XXV. Termination I. Tennination for Convenience This contract and any other agreements and/or contracts incorporating it by reference may be tenninated by either party upon no less than sixty (60) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event the contractor terminates an agreement at will, the contractor agrees to submit, at the time it serves notice of the intent to terminate, a plan which identifies procedures to ensure services for clients pursuant to this contract or any subcontract will not be interrupted or suspended by the termination. In the event that a contract between the contractor and a subcontractor is terminated, the contractor shall require the subcontractor to submit to the contractor and the agency, a similar plan ensuring services to clients will not be interrupted or suspended by the termination. 2. Tennination Because of Lack of Funds In the event funds to finance any agreements and/or contracts under this contract become unavailable, the agency may terminate the affected agreements and/or contracts upon no less than twenty-four (24) hours notice in writing to the contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. 3. Termination for Breach Unless the breach is waived by the agency in writing, or the contractor fails to cure the breach within the time specified by the agency, the agency may, by written notice to the contractor, terminate any and all of the agreements and/or contracts incorporating this contract by reference upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in section 6OA- 11 2007 GR Agenda Item [\]0. 1602 Master Contrac~~~6 1.006(3), F.A.C. Waiver of breach of any provisions of anyone agreement and/or contract covered by this contract 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 other agreements and/or contracts covered under this contract. The provisions herein do not limit either parties' right to remedies at law or to damages of a legal or equitable nature. XXVI. Notice and Contact: 1. The name, address and telephone number of the agency for this contract is: Leigh Wade-Schield, Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 Fax (239) 332-3596 2. The name, address and telephone number of the contractor for this contract is: Marcy Krumbine, Director Collier County Services for Seniors 3301 East Tamiarni Trail Naples, Florida 34112 (239) 774-8154 Fax (239)774-3~30 3. The name of the contact person, street address and telephone number where financial and administrative records are maintained: Marcy Krumbine, Director Collier County Services for Seniors 3301 East Tamiarni Trail Naples, Florida 34112 (239) 774-8154 Fax (239) 774-3430 XXVTI. Renegotiation or Modification: 1. Modifications of provisions of this contract and of any and all agreements and/or contracts incorporating this contract by reference shall only be valid when they have been reduced to writing and duly signed by both parties. The parties agree to renegotiate this contract and any affected agreements and/or contracts if revisions of any applicable laws or regulations make changes in this contract necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively for any agreements and/or contracts incorporating this contract by reference only when these have been established through the appropriations process. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. XXVIll. Special Provisions: The Contractor agrees to the following provisions: A. Property & Equipment 1. Equipment means: (a) an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of ( a) the 12 2007 GR Agenda Item No. 1602 Master Contra~~~gn6 capitalization level established by the organization for the financial statement purposes or (b); nonexpendable, tangible personal property of a nonconsumable nature with an acquisition cost of $1000 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $250 or more [for state funds]. 2. Contractors and sub-contractors who are Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations shall have written property management standards in compliance with Part 215 ( formerly OMB Circular A-I 10) that include: (a) a property list with all the elements identified in the circular; and, (b) a procedure for conducting a physical inventory of equipment at least once every two years. The property records must be maintained on file and shall be provided to the agency upon request. 3. The contractors property management standards for equipment acquired with Federal funds and federally-owned equipment shall include accurately maintained equipment records with the following information.: (i) A description of the equipment. (ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (iii) Source of the equipment, including the award number. (iv) Whether title vests in the contractor or the Federal Government. (v) Acquisition date (or date received, if the equipment was furnished by the Federal Government) and cost. (vi) Information from which one can calculate the percentage of Federal participation in the cost of the equipment (not applicable to equipment furnished by the Federal Government). (vii) Location and condition of the equipment and the date the information was reported. (viii) Unit acquisition cost. (ix) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a contractor compensates the Federal awarding agency for its share. 4. Equipment purchased with federal funds with an acquisition cost over $5,000 and equipment purchased with state funds with an acquisition cost over $1,000 that is specifically identified in the service provider application approved by the agency is part of the cost of carrying out the activities and functions of the grant awards and Title (ownership) will vest in the contractor. Equipment purchased under these thresholds is considered supplies and is not subject to property standards. Equipment purchased with funds identified in the budget attachments to agreements covered by this contract, or identified in the subcontracts with subcontractors (not included in a cost methodology), is subject to the conditions of section 273, F.S. 5. Real property means land (including land improvements), buildings, structures and appurtenances thereto, but excludes movable machinery and equipment. Real property may not be purchased with state funds through agreements covered under this contract without the prior approval of the agency. Real property purchases from state ftmds can only be made through a fixed capital outlay grants and aids appropriation and therefore are subject to the provisions of section 216.348, F .S. 6. Any permanent storage devices (e.g.: hard drives, removable storage media) must be reformatted and tested prior to disposal to ensure no confidential information remains. 7. Information Technology Resources The contractor must adhere to the agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of any agreements and/or subcontracts incorporating this contract by reference. An ITR worksheet is required for any computer related item costing $1,000.00 or more, including data processing hardware, software, services, supplies, maintenance, 13 2007 GR Agenda Item No. 1602 J~1RKE n" "007 Master Contract "'~1~g;(70 training, personnel and facilities. The completed ITR worksheet shall be maintained in the LAN administrator's file and must be provided to the agency upon request. The contractor has the responsibility to require any subcontractors to comply with the agency's ITR procedures. B. Copyright Clause The contractor may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under any agreement(s) incorporating this contract by reference. The agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for state and federal purposes, and to authorize others to do so. Other rights of the agency and contractor are described in section 286.021, F .S. C. Investigation of Criminal Allegations Any report that implies criminal intent on the part of the contractor or any subcontractor and referred to a governmental or investigatory agency must be sent to the agency. If the contractor has reason to believe that the allegations will be referred to the State Attorney, a law enforcement agency, the United States Attorney's Office, or other governmental agency, the contractor shall notify the agency immediately and the agency will notify the Inspector General at the Department of Elder Affairs immediately. A copy of all documents, reports, notes or other written material concerning the investigation, whether in ~e possession of the contractor or subcontractor, must be sent to the agency and the department's Inspector General with a summary of the investigation and allegations. D. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the agency may exercise authority over a lead agency or subcontractor to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure lead agency and service provider facilities to minimize the potential irnpact of the event. These actions will be within the existing roles and responsibilities of the area agency and its subcontractor. In the event the President of the United States or Governor of the State of Florida declares a disaster or state of emergency, the agency may exercise authority over a lead agency or subcontractor to implement emergency relief measures and/or activities. In either of these cases, only the Emergency Coordinating Officer, the Executive Director or his/her designee of the agency shall have such authority to order the implementation of such measures. All actions directed by the agency under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the potential or actual disaster area. E. Volunteers The contractor will promote the use of volunteers as prescribed in section 430.07, F.S. In addition, the contractor will increase the use of volunteers in each county by providing training, technical assistance and funding, where possible, to support volunteer efforts of their service subcontractors. F. Management Infonnation Systems For all program agreements and/or contracts incorporating this contract by reference for which collection of client data in electronic format (CIRTS, for example) is required: 14 2007 GR Agenda Item No. 1602 Master ContracrQ~Mo~~b 1. The contractor will ensure the collection and maintenance of client and service information on a monthly basis from the Client Infonnation Registration and Tracking System (CmTS) or any such system designated by the agency. Maintenance includes valid exports and backups of all data and systems according to agency standards. 2. The contractor will require subcontractors to enter all required data per the department's CIRTS Policy Guidelines for clients and services in the ClRTS database. The data must be entered into the CIRTS before the subcontractors submit their request for payment and expenditure reports to the contractor. The contractor shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the agency. 3. The agency will require subcontractors to run monthly ClRTS reports and verify client and service data in the ClRTS is accurate. This report must be submitted to the contractor with the monthly request for payment and expenditure report and must be reviewed by the agency before the contractor's request for payment and expenditure reports can be approved by the agency. 4. Failure to ensure the collection and maintenance of the ClRTS data may result in the agency enacting the "Enforcement" clause of this contract (see Section XXIV), including delaying or withholding payment until the problem is corrected. 5. Computer System Backup and Recovery Each contractor and subcontractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of all data and software is required to recover frOfillosses or outages of the computer system. Data and software essential to the continued operation of contractor functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. It is recommended that a copy of the backed up data be stored in a secure, offsite location. The contractor shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with subcontractors. These policies and procedures shall be made available to the agency upon request. G. Consumer Outcomes 1. The contractor will develop client outcome measures consistent with those developed by the agency. 2. The agency and the contractor will be responsible for achieving targets set by the legislature for performance based program budgeting and will incorporate said targets into sub-agreements and/or subcontracts as necessary. H. Use of Service Dollars/ Wait List Management: The contractor is expected to spend all federal state and other funds provided by the agency, for the purpose specified in each contract. The contractor must manage the service dollars in such a manner so as to avoid having a wait list and a surplus of funds at the end of the year, for each program managed by the contractor. If the agency determines that the contractor is not spending service dollars accordingly, the agency may transfer funds to other lead agencies/contractors during the year and/ or adjust subsequent funding allocations accordingly, as allowable under state and federal law. L Surplus/Deficit Report: The contractor will submit a consolidated surplus/deficit report in a format provided by the agency to the agency's contract manager by the 18th of each month. This report is for all agreements and/or contracts between the lead agency and the agency. The report will include the following: 15 2007 GR Agenda Item No. 16D2 March 27. 2007 Master Contract ~MOO7ro 1. a list of all subcontractors and their current status regarding surplus or deficit; 2. the contractor's detailed plan on how the surplus or deficit spending exceeding the threshold specified by the agency will be resolved; 3. recommendations to transfer funds to resolve surplus/deficit spending; 4. number of clients currently on Assessed Prioritized Consumer List (APCL) that receive a priority ranking score of 4 or 5; and 5. number of clients currently on the APCL designated as Imminent Risk. IN WITNESS THEREOF, the parties hereto have caused this 30 page contract to be executed by their undersigned officials as duly authorized. ATIEST: DWIGHT E. BROCK., Clerk COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: JAMES COLETIA, Chairman Approved as to form and legal sufficiency Z~ ~ Robert N. Za /' Assistant County Attorney Date: December 31, 2006 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. WITNESS: (Print Namel By: JOHN KOEHLER, Board President Date: December 31. 2006 [Print Name] FEDERAL ID NUMBER: 59-6000558 (Revised October 2(06) 16 2007 GR Agenda Item No. 1602 Master ContractMa!ifJ9~o/ib A'ITACHMENT I CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her lmowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature 12/31/06 Date James Coletta, Chairman Name of Authorized Individual 203.MI07 Application or Agreement Number Collier County Housing and Human Services Name and Address of Organization Approved as to form and le~~ Ro ert N. Assistant County Attorney DOEA Form 103 (Revised Nov 2002) 17 2007 GR Agenda Item No. 1602 Master contradt1~~6 ATTACHMENT IT INSTRUCTIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGmlLITY AND VOLUNTARY EXCLUSION AGREEMENTS/SUBAGREEMENTS 1. Each contractor of federal financial and non-financial assistance that equals or exceeds $100,000 in federal monies must sign this debarment certification prior to agreement execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Area Agency on Aging for Southwest Florida, Inc. nor its agreement contractors can contract with subcontractors if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract is entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The contractor shall provide immediate written notice to the grant manager at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. You may contact the grant manager for assistance in obtaining a copy of those regulations. 5. The contractor further agrees by submitting this certification that, it shall not knowingly enter into any subagreement with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 6. The contractor further agrees by submitting this certification that it will require each subcontractor of agreements and/or contracts referencing this contract whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with each subagreement. 7. The Area Agency on Aging for Southwest Florida, Inc. may rely upon a certification by a contractor/subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the department knows that the certification is erroneous. 8. The contractor may rely upon a certification by a subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the contractor knows that the Cer tification is erroneous. 9. The signed certifications of all subcontractors shall be kept on file with contractor. DOEA FORM 112A (Revised February 2004) 18 2007 GR Agenda Item No. 1602 Master Contrad1~ijp~~b CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELlGmILITY AND VOLUNTARY EXCLUSION AGREEMENTS/SUBAGREEMENTS This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18. 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (1) The prospective contractor certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with the Area Agency on Aging for Southwest Florida. Inc. by any federal department or agency. (2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this certification. Signature Date Name and Title of Authorized Individual (Print or type) Name of Organizationn DOEA FORM 1125 (Revised April 2001) 19 2007 GR Agenda Item No. 1602 M~nP, 4~~7 Master contract~~~fJo ATTACHMENT ill Audit Attachment The adrninistration of funds awarded by the agency to the contractor, and the sub-contractor through contracts with the contractor, may be subject to audits and/or monitoring by the agency and other authorized state personnel or federal personnel as described in this section. Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A-133 and section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this contract, the contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the agency. In the event the agency determines that a limited scope audit of the contractor is appropriate, the contractor agrees to comply with any additional instructions provided by the agency to the contractor regarding such audit. The contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer, Department of Financial Services, Auditor General or federal personnel. OTHER REQUIREMENTS If the contractor is a non-profit organization, the Oath of Not for Profit Status form (EXHIBIT 2 of this attachment) must be completed and returned to the agency with the signed contract. Audits PART I: FEDERALLY FUNDED This part is applicable if the contractor or subcontractor is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the contractor or subcontractor expends $500,000 or more in Federal awards in its fiscal year, the contractor or subcontractor must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-133, as revised. Federal funds awarded through the agency by this contract, if any, are indicated in section II. A. of the agreement(s) and/or contract(s) covered by this contract. In determining the Federal awards expended in its fiscal year, the contractor or subcontractor shall consider all sources of Federal awards, including Federal funds received from or passed through the agency. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the contractor or subcontractor conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part L paragraph 1., the contractor or subcontractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised. 20 2007 GR Agenda Item No. 1602 Master cont~~~eM~ 3. If the contractor or subcontractor expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from contractor resources obtained from other than Federal entities). 4. Information regarding audit requirements contained in OMB Circular A-133 and section 215.97, F.S., can be obtained from the following web-sites: http://www.whitehouse.gov/omb/circularsl and: httn: / /www.lee-.state.fl.us! PART II: STATE FUNDED This part is applicable if the contractor is a non-state entity as defined by section 215.97, F.S.. 1. In the event that the contractor expends a total amount of State awards (i.e., State financial assistance provided to the contractor to carry out a State project) equal to or in excess of $500,000 in any fiscal year of such contractor, the contractor must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules ~fthe Executive Office of the Governor and the Chief Financial Officer, Department of Financial Services, and Chapter 10.600, Rules of the Auditor General. State grants and aids amounts awarded through the agency by this contract are indicated in section II. A. of the agreement(s) and/or contracts of which this contract is an attachment. In determining the State awards expended in its fiscal year, the contractor shall consider all sources of State awards, including State funds received from the agency, other state agencies, and other nonstate entities except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 2, the contractor shall ensure that the audit complies with the requirements of section 215.97, F.S.. This includes submission of a reporting package as defined by section 215.97, F.s., and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations) Rules of the Auditor General, to include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. 3. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: activities allowed or unallowed; allowable costs/cost principles; matching (if applicable), and; reporting. 4. If the contractor expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required In the event that the contractor expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from the contractor's resources obtained from other than State entities). PART ill: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this attachment shall be submitted, when required by section .320 (d), OMB Circular 21 2007 GR Agenda Item No. 1602 Master contr~pt~~~pw A-133, as revised, by or on behalf of the contractor directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of contractor's fiscal year end: A. The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 Fax (239) 332-3596 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with sections .320 (e) and (f), OMB Circular A-133, as revised. 2. The contractor shall submit a copy of the reporting package described in section .320 (c), OMB Circular A- 133, as revised, and any management letters issued by the auditor, to the agency at the following address within 45 days of receipt of the report but no later nine (9) months of contractor's fiscal year end: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 Fax (239) 332-3596 3. Copies of audits and reporting packages required by PART II of this attachment shall be submitted by or on behalf of the contractor directly to each of the following within 45 days of receipt of the report but no later than nine (9) months of contractor's fiscal year end: A. The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Attn: Leigh Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 Fax (239) 332-3596 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper BuDding 111 West Madison Street Tallahassee, Florida 32302-1450 22 2007 GR Agenda Item No. 1602 Master Contr~~t~rifW 4. Any reports, management letters, or other information required to be submitted to the agency pursuant to this attachment shall be submitted timely in accordance with OMB Circular A-133, section 215.97 F.S., and Chapters 10.5 50 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable and should indicate the date that the reporting package was delivered to the contractor in correspondence accompanying the package. S. Contractors, when submitting the fmancial reporting packages to the agency, should indicate the date that the audit report was delivered to the contractor in correspondence accompanying the audit report. PART IV: RECORD RETENTION The contractor shall retain sufficient records demonstrating its compliance with the terms of this attachment for a rninirnum period offive (5) years from the date the audit report is issued or longer if requested by the agency in writing, and shall allow the agency or its authorized designee, and the Chief Financial Officer, Department of Financial Services or Auditor General access to such records upon request. The contractor shall ensure that audit working papers are made available to the agency or its designee, and the Chief Financial Officer, Department of Financial Services or Auditor General upon request, for a minimum period of five (5) years from the date the audit report is issued, or may need to be longer if requested in writing by the agency. PART V: SPECIFIC REQUIREMENTS OF AGENCY ADMINISTERED PROGRAMS 1. The agency requires a supplemental schedule of functional expenses be prepared in a format provided by the agency, which presents costs by service (as defmed by the agency), including units of service delivered, for contractors or subcontractors expending state or federal awards for services performed by their employees, contractors, and other payees who receive payment from agency-administered funds for units of service recorded in the department's Client Registration and Tracking System (CIRTS). This supplemental schedule shall be prepared using the same methodology as used in determining the contractual rates. Government entities are excluded from this requirement. 2. If an audit is not required or performed, the head of the contractor entity or organization must provide a written attestation, under penalty of petjury, that the contractor has complied with the allowable cost provisions (congruent with the Reference Guide for State Expenditures and Cost Principles 225 (A-87) and 230 (A-122, and Federal Acquisition Regulation 31.2, whichever is applicable). EXHIBIT I to this attachment provides an example attestation document that should be used by the agency head or authorized signatory for contracts to attest to compliance with these provisions. 3. Interest earned on federal funds or general revenue funds must be returned to the agency. A chart is included in all contracts identifYing the funding source(s), program titles, applicable CFDA or CSF A numbers and the amount of funds granted. 4. Specific requirements for match, co-payments, and program income applicable to programs administered by the agency are outlined in the following applicability chart. Brief definitions of terms used in the chart are included. 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S ~ .oStIS"gl;: >. 0 .".~ U 9 0 <l.l a ..... =~.;;o~ . ] '" ..... U) o o .... ..9 '0 Q.l '" =' U .0 .... o = = tIS o i::'O 8 a <l.l] ~~!a tIS ~ Q.l Q.l<9 ~-o] ." .~u tf.l I;: Q.l U ';;os ..... ....0 U) .::l +-l ..... ~ ~ = Q.l = g,~u "'u';; .2 ~.S >'!a5 ~ ~ tf.l . +-' UII) <:- r<) U) c:: = U) to 0 = 'S.~ .~ SrIl.o < ~'E ~ g g -o~o 0'-5 0...... ~.r!lO :> = 0 ... U +-' tf.l.g-o u .... .... Cl:l -=tl.O s-<l.l~ 013= 0<.... . -0 :~ ..0 13 ~.z:;o 5 :.S s:l...t:l ft~~E Q.l.s 09 ~ U-O'O 0 ..oou~ .c ." I::i-o ..... U =' U ~ s:l. <l.l .;; 13 5 ~ .S ] uEg~~ 13 3 5::i ~ ~ 8 bb'O <Il 5 .5 Cl:l ; 5 bO <l.l en ~ .;3 "g <l.l~:~ a bOF1 >..c !ih.~ a 8 U o Q.l s:l..... .... 13 .z: 0.-0 .~.... ~ '0 <l.l ~ <l.l .0 g ; O..c ." u =..... .g s =' .... .0 0 'E g .~ O..c ~~ @ 8 - .... f;..9 . . .... ..9 ..c ~ S '0 Q.l 1;:'0 '€] Q) I .~ o.s ..... c:: ~ ~ 8 U s:l. <l.l ;>. ~ "9 ..o:g [ ~.... .z: .;; 0 0 'u 0' ~ u..a ." .o;a 5 ;>. 63 t) S ~ ~ Q.l c:: o ~] u ~1 ~ 'ef(. o - .... ..9 '0 Q.l tf.l =' ] ~ ..... tIS o bb ~ 8 o s:l. - rIl tIS '0 .... ~.g """ ~~ . . . 2007 GR Agenda Item No. 1602 Master contr~~~Ji~W APPLICABILITY CHART DEFINITIONS AAA. Area Agency on Aging Program Income. Program income means gross income earned by a contractor from activities which are supported by a grant; i.e., when at least some of the cost of the activity is a direct cost of the grant or indirect cost which helps match requirements of the grant. Program income includes contributions for meals or other supportive services, proceeds from the sale of tangible personal property purchased for the program, fees for the usage or rental of such property, and patent or copyright royalties for materials developed through the program. Revenue generated from a particular activity of the contractorlsub-contractor for which Agency funds were used to cover at least half the cost is considered program income. Note: Money donated (cash donation) without eannark to the project by the donor should not be declared in an audit to be "program income" Cash Donations. Cash donations are money donated without earmark to the project by the donor. These donations, when used as match, cannot be earmarked for any specific expenditure but are to be budgeted normally. Cash donations are not program income. Match. When general revenue funded agreements require match, it may be either by cash, certified public expenditure, or third-party in-kind The non-federal share used to match OAA funds may be cash, certified public expenditw'e, or third-party in-kind. Co-payments. Fees assessed and collected according to a sliding scale based on the client's income for CCE and ADI serviCeS. In-kind Resources. In-kind resources must be identified in project records, necessary to project's achievement, reasonable and in proportion to time used for project, claimed after use in the project and, not included as contributions for other programs unless specifically allowed. In-kind contributions represent a value placed on noncash contributions provided to the contractor of an agreement. In-kind contributions may consist of actual charges for real property and equipment, and the value of goods and services that directly benefit and are identified with project activities. This may include staff time contributed by state and local agencies not otherwise matched or supported by federal funds. 25 2007 GR Aaenda Item No. 1602 , f\f1:,.Wc;JM7 'lOW Master contra'P"aflW'8W'r'C? AITACHMENT ill EXHIBIT - 1 MANAGEMENT ATTESTATION LETTER (To be completed at the end of contractor or sub-contractor's fiscal year) Contract or Agreement Number: I, , hereby attest under penalty of perjury (contractor's authorized representative) that , based on the criteria (contractor agency name) set forth in the department's Audit Attachment, PARTS I and II, that: A. The above named contractor agency is not required to provide an audit report or reporting package because [check applicable statement(s)]: D D the above-named entity has not expended $500,000 or more in total federal awards in its fiscal year and therefore is not required to have a single or program-specific audit performed in accordance in OMB Circular A-B3, as revised, and/or; the above-named entity has not expended a total amount equal to or in excess of $500,000 in state awards in its fiscal year and therefore is not required to have a State single or program-specific audit in accordance with section 215.97, Florida Statutes. B. The contractor has complied with the allowable cost provisions [congruent with State and Federal law, generally accepted accounting principles, the Department of Financial Services' Reference Guide for State Expenditures, and Office of Management and Budget (OMB) Cost Principles 225 (A-87) and 230 (A-I22), Federal Acquisition Regulation 31.2 and Part 215 (formerly OMB Circular A-I 10), whichever is applicable]. By making this statement the contractor has considered not only funding or awards from the department, but all sources of Federal and State funding or awards. Fiscal year ended (Month, day, year) (Signature) (Fitle) (Date) 26 2007 GR Agenda Item No. 1602 Master Contr~~~~ ATTACHMENTm Exhibit - 2 Oath of Not for Profit Status Contract or Agreement Number: As an authorized representative for the Contractor identified herein, and in the above referenced document(s), I do hereby swear under oath that this entity is currently a "not for profit" (non-profit) organization as defined in section SOl(c)(3) of the Internal Revenue Code. If this non-profit status changes fOf any reason during the life of the above referenced contract or agreement, the Area Agency on Aging for Southwest Florida, Inc. will be notified in writing immediately. Name of Contractor entity Signature of Authorized Representative Printed name and :!l!!! of Authorized Representative Date of Oath (Revised February 2004) 27 2007 GR Agenda Item No. 1602 M.5rcth?7 ~ ?.QlF Master contra~~'i~\(!}fJ~(I ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the contractor named in the contract or agreement to which this form is an attachment, hereby certifies that: (I) The contractor and any sub-contractors of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant-funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all contract supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the contractor, sub-contractor(s), or any outside entity on which the contractor is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year-date dependent data. For those systems identified to be non-compliant, contractor(s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year-date dependent data accurately. All versions of these products offered by the contractor (represented by the undersigned) and plU"chased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the contractor agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The contractor and any sub-contractor(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The contractor shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub-contractors shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circular A-I02 and CFR Part 215 and Part 215 (formerly OMB Circular A-I 10). Collier COl.mty Services for Seniors 3301 Tamiami Trail E H/211 Naples, FL 34112 Signature ~ December 31. 2006 Date 28 2007 GR Agenda Item No. 1602 March 27, 2007 Master Contraet3~~OU1 A TIACHMENT V MINIMUM GUIDELINES FOR CONTRACTOR GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE FOR MEDICAID WAIVER CLIENTS Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families (DCAF) Office of Appeal Hearings in addition to or as an alternative to these procedures. NOTICE TO THE MEDICAID WANER CLIENTS OF THE ADVERSE ACTION TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION . The Medicaid Waiver client must be informed by the decision maker of the action, in writing, no less than 10 calendar* days prior to the date the adverse action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; however, notice must be made as soon thereafter as practicable.) . Services cannot be reduced or terminated, nor any adverse action taken during the 10 day period. . The Notice must contain: a statement of what action is intended to be taken; the reasons for the intended action; an explanation of: 1) the individual's right to a grievance review if requested in writing and delivered within 10 calendar. days of the Notice postmark (assistance in writing, submitting and delivering the request must be offered and available to the individual); 2) in Medicaid Waiver actions, the individual's right to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for further appeal; 4) the right to seek redress through the courts if applicable; a statement that current benefits will continue if a grievance review is requested, and will continue until a fmal decision is made regarding the adverse action; and a statement that the individual may represent himself7herself or use legal counsel, a relative, a friend, or other qualified representative in the requested review proceedings. . All records of the above activities must be preserved in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW . Within 7 calendar* days of the receipt of a request for review, the provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also provide notice of: the time and place scheduled for the review; the designation of one or more impartial reviewers who have not been involved in the decision at issue; the opportunity to examine, at a reasonable time before the review, the individual's own case record, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference at a reasonable time before or during the review; a contact person for any accommodations required under the Americans with Disabilities Act; and assistance, if needed, in order to attend the review; and the stopping of the intended action until aU appeals are exhausted. . All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial reviewers who have not been directly involved in the initial determination of the action in question. 29 2007 GR Agenda Item No. 1602 March 27. 2007 ~Gl a.e..6.Q . f 7 () Master ContraG1. -w;:s~M007 . The reviewer(s) must provide written notification to the requester, within 7 calendar. days after the grievance review, stating: the decision, the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal an adverse decision to the Area Agency on Aging by written request within 7 calendar. days, except in decisions involving the professional judgement of a legal assistance provider; the availability of assistance in writing, submitting and delivering the appeal to the appropriate agency; the opportunity to be represented by himselflherself or by legal counsel, a relative, a friend or other qualified representative; for legal assistance service appeals, the individual's right to file a grievance with the Florida Bar regarding complaints related to the actual legal representation provided. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPEAL TO THE AREA AGENCY ON AGING · Within 7 calendar. days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknowledge receipt of the notice of appeal by a written statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity to examine at a reasonable time before the appeal the individual's own case record to date, and to a copy of such case record at no cost to the individual; the opportunity to infonnally present argument, evidence, or witnesses without undue interference during the appeal; assistance, if needed, in order to attend the appeal; and the stopping of the intended action until all appeals are exhausted. · All appeals of grievance reviews must be conducted at a reasonable time, date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. · The designated AAA official(s) must provide written notification to the requester within 7 calendar. days after considering the grievance review appeal, stating: the decision, and the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeal, if applicable. · Except for Medicaid Waiver actions, the decision of the AAA shall be the final decision; and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. · All records of the above activities must be preserved and remain confidential. A copy of the final decision must be placed in the client's file. · In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, SWlday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. 30 Item Number: Item Summary: Meeting Dale: Agenda Item No. 1602 March 27, 2007 Page 70 of 70 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1602 Recommendation to approve master agreements relating to grants awarded to the Services for Seniors programs and authorize the chaIrman to s1gn the master agreements between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Flonda. Ine 3127/2007900.00 AM Grants Coordinator Date Prepared By Terri A. Daniels Public Services Housing & Human Services 2128120075:12:29 PM Marcy Krumbine Director Date Approved By Public Services Housing & Human Services 31912007 8: 27 AM Marla Ramsey Public Services Administrator Date Approved By Public Services Public Services Admin. 3113120072:00 PM OMS Coordinator AdminIstrative Assistant Date App roved By County Manager's Office Office of Management & Budget 3114120078:32 AM Sherry Pryor Management & Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3116120073:36 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 3119/200711:48 AM App roved By James V. Mudd Board of County Comm issioners County Manager Date County Manager's Office 312012007819 PM Agenda Item No. 1603 March 27,2007 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to approve a Grant Application and Certification of Application by the Board of County Commissioners, and the signature of the Chairman, permitting the Collier County Public Library to apply for a State Construction Grant in the amount of $500,000 for the Marco Island Rose Hall. OBJECTIVE: Obtain signature of the Chairman of the Board of County Commissioners on the attached Public Library Construction Grant Application and Certification of Application, permitting the Collier County Public Library to apply for a State Library Construction Grant for the Marco Island Rose Hall. CONSIDERATIONS: The Marco Island Friends of the Library have diligently raised over $1.2 million for the construction of a 4,000 square foot addition to the Marco Branch Library, to be known as Rose Hall. These funds include a $500,000 donation by Bill and Myrtle Rose in consideration for the completed hall being named 'Rose Hall'. The City of Marco Island has pledged $200,000 to the construction project. In Fall 2006, the Rose Hall project was let for bids. Unfortunately, the bids came back higher than anticipated and had to be rejected. The Marco Island Friends of the Library continue their fundraising efforts, but are still likely short of funds. The Library cannot easily contribute Impact Fee Funds to this construction project since we are in the midst of both the Golden Gate Branch and the South Regional Library construction projects. The current flow of impact fee revenue corning into the Library has already been committed to the South Regional and Golden Gate projects, and therefore, there are no Impact Fee funds available for Rose Hall. The State Library provides a special construction grant program for public libraries, with a maximum grant amount allowed of $500,000. The application deadline is April 1, 2007. The Secretary of State will include approved construction grant applications in the Department of State's Legislative Budget Request for consideration by the Legislature in the 2008 session. If the application is approved, and funds are appropriated by the legislature, funds will be available in the summer of 2008. 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. Local funding match can be provided by donations, as long as funds are expended from the County's budget. "",......, FISCAL IMPACT: This grant request is for $500,000 from the Public Library Construction Grant Program-the maximum amount available from this funding source. Local matching funds in the amount of $1.5 million will be available frorn the Agenda Item No. 1603 March 27, 2007 Page 2 of 22 fundraising efforts of the Marco Island Friends of the Library, donations to the Library for the Marco Island Branch Library, and sales of used books. It is understood that if sufficient local funds are not available, that the grant, if approved, will not be accepted. Funds will be expended from Library Capital Fund 307 which has previously been established to accept funds and pay project expenses. GROWTH MANAGEMENT IMPACT: Construction of this library space will help maintain the minimum floor space standard of .33 square feet per person, established by the Growth Management Plan. Currently the Library has 130,082 square feet of library space, which is slightly more than the growth management standard. As the projected population increases, this construction project will enable the Library to maintain this standard. RECOMMENDATION: Staff recommends that the Board approve the Certification of Application and the Application for a Public Library Construction Grant and provide authority to the Chairman to sign it, thus allowing Library Staff to apply for this $500,000 grant for Rose Hall. Prepared by: Marilyn Matthes, Library Director ."..'''''- Item Number: Item Summary: Meeting Date: Agenda Item No. 1603 March 27. 2007 Page 3 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D3 Recommendation to approve a Grant Application and Certification of Application by the Board of County Commissioners, and the signature of the Chairman, permitting the Collier County Public Library to apply for a State Construction Grant in the amount of $500,000 for the Marco Island Rose Hail. 3127120079:00:00 AM library Assistant Director Date Prepared By Marilyn Matthes Public Services Library 31912007 f 1 :52:49 AM Marilyn Matthes library Assistant Director Dale Approved By Public Services LI brary 31912007 3:23 PM Marlene J. Foord Grants Coordinator Dale Approved By Administratiye Services Administrative Services Admin. 31131200711:27 AM Marta Ramsey Public Services Administrator Date Approved By Public Services Public Services Admin, 3113120072:25 PM OMS Coordinator Administrative Assistant Date App roved By County Manager's Office Office of Management & Budget 3114/20078;38 AM Susan Usher Senior ManagementJBudget Analyst Date Approved By County lVIanager's Office Office of Management & Budget 31f912007 2:51 PM Michael Smykowski Management & Budget Director Dale Approved By County Manager's Office- Office of Management & Budget 3/2012007 4:23 PM James V, Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 312012007 9:05 PM Agenda Item No. 1603 March 27, 2007 Page 4 of 22 Florida Department of State, Division of Library and Information Services PUBLIC LIBRARY CONSTRUCTION GRANT APPLICA TION Application Deadline: April!. 2007 I. APPLICANT INFORMATION A. LEGAL NAME OF APPLICANT (Government) Collier County Board of County Commissioners Street 3301 Tamiami Trail East City Naples Zip 34112 County Collier Name of Chairman of Applicant's Governing Authority James Coletta Federal Employer Identification (FEID) Number 59-6000558 B. NAME OF LIBRARY DIRECTOR Marilvn Matthes Telephone (239) 593-3511 Fax (239) 254-8167 E-mail mmatthes(a),ccplib.or2 Library Collier County Public Librarv Street 2385 Oran2e Blossom Dr. City Naples Zip 34109 C. NAME OF PROJECT MANAGER Marilvn Matthes Title Library Director Agency, organization or governmental unit Collier County Public Library Street 2385 Oran2e Blossom Dr. City Naples Zip 34109 Telephone (239) 593-3511 Fax (239) 254-8167 E-mail mmatthes(a),ccplib.or2 D. NAME OF BUILDING CONSULTANT (MLS degree) Marilvn Matthes Street 2385 Oran2e Blossom Dr. City Naples Zip 34109 Telephone (239) 593-3511 Agenda Item No. 1603 March 27, 2007 Page 5 of 22 E. NAME OF REGISTERED ARCHITECT Baranv Schmitt Summers Weaver and Partners. Inc. Street 949 Central Avenue City Naples Zip 34102 Telephone (239) 643-3103 Registration Number AAC001963 INDICATE IF CONSIDERING STARTING THE CONSTRUCTION PROJECT PRIOR TO THE GRANT AWARD YES xxx NO ATTEST: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: JAMES COLETTA, Chairman By: Deputy Clerk Approved as to form and legal sufficiency: By: Thomas C. Palmer. Assistant County Attorney Agenda Item No. 1603 March 27, 2007 Page 6 of 22 Florida Department of State, Division of Library and Information Services CERTIFICA TION OF APPLICATION I certify that this Library Construction Grant Application of the Collier County Public Librarv is true and accurate to the best of my knowledge, that the applicant will comply with the standards established pursuant to Section 257.15, Florida Statutes; will furnish such reports and information and follow such procedures as will be required by the Department of State, Division of Library and Information Services; that all funds received for the project will be expended solely for the purposes for which granted and any such funds not so expended, including funds lost or diverted to other purposes, shall be paid to the Department of State, Division of Library and Information Services; and that the current annual appropriation for library service is $9,396,500. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Deputy Clerk By: JAMES COLETTA, Chairman Approved at to form and legal sufficiency: By: Thomas C. Palmer, Assistant County Attorney Agenda Item No. 1603 March 27, 2007 Grant Introduction ... 4. A Narrative Description of the Project ... 5. Building Program Page 7 of 22 INTRODUCTION The Collier County Board of County Commissioners (BCC) approved and directed the Chairman to sign this Public Library Construction Grant Application at its regular meeting on March 27, 2007. (Agenda Item #16D.) 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. " The BCC agreed unanimously to approve the construction grant application and these requirements. Funds will be used to build a 4,000 square foot community meeting room onto the existing Marco Island Branch Library. At this stage of planning, the architect anticipates a total cost of approximately $2 million, with approximately $1.5 million coming locally from a variety of sources, including: funds committed by private and public donations to the project; funds raised by the Friends of the Marco Island Library for the project; funds raised by the Library from book sales and similar activities; and county funds available for minor repairs to the existing building. A short history of library service on Marco Island: The original 6,000 square foot Marco Island Branch Library at this site was completed it 1988. It provided a vast improvement over the first 3,000 square foot library on Marco, and was built in 'modules' with the intent that it could easily be increased in size with minimal impact on the rest of the building. A serious construction flaw, however, did not lend the building to easy expansion. The foundation had not been properly constructed and one of the 4 modules started to erode and move away from the rest of the building. It was detennined that the foundation had to be stabilized as a major component of the 1998 construction project. Instead of merely adding modules to enlarge the library in 1998, the Branch was completely redesigned, with only those structures remaining that were truly able to support the building. The sagging foundation was removed and improper soil and fill were replaced. The interior was completely redesigned. Interior additions and changes included: an attractive new entrance and lobby with display areas; a separate children's department; an audiovisual room; periodical and reading areas; a small conference room; and staff work areas. Public restrooms were made handicap accessible. The new entrance makes the most of the space available for building and parking. An outdoor terrace provides reading and program space when the weather is cooperative. Additional parking, landscaping and storm water improvements were also made. This current 12,345 square foot Marco Island Branch Library was completed in 1998. Site improvements also included the addition of an approximately 3 acre parking area and passive park adjacent to the library. The passive park has been used for some outdoor programs, and is used by the public as a reading and gathering place. Collier County Public Library Marco Island Expansion Library Construction Grant April 1, 2007 1 Agenda Item No. 1603 March 27, 2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 8 of 22 The current building lacks public meeting room space. Only a small conference room was planned as part of the 1998 construction project. Available funding for the expansion project forced the decision to provide more collection space over programming and meeting room space. About the same time that this construction project was in the planning stages, a group of dedicated volunteers on the Island began a literacy program that operated out of the Marco Island Branch. Their hard work and generosity provided the basis and funding for the Library system's Literacy Program and paid the initial salary for its coordinator. Marco Library's Literacy volunteers successfully lobbied to become the first and only local chapter of the Friends of the Library of Collier County; and this chapter's generosity continued to respond to the service needs of the community. Their successes include purchase of the public internet computers for the branch, hardware and software for the branch literacy workstations, extensive landscaping for the library grounds, paid performances for adult and children's programs, and the upgrading and enclosing of the patio area so that it is welcoming and useable year round as a quiet reading space. Current population and area Marco Island is geographically isolated from the cultural, educational and art centers of Collier County. It is the largest barrier island within Southwest Florida's Ten Thousand Islands at approximately 24 square miles. The permanent population is about 16,000 residents that increase to about 35,000 in the winter season. Residents and visitors are predominately well-educated retirees. There is a strong "Island Mentality", and many residents avoid going off-island whenever possible. This senior population is also reluctant to drive at night, which limits their exposure to lectures, concerts and performances offered in Naples and the surrounding area. 4. Narrative Description of Construction Project: This construction grant application outlines plans to build at a 4,000 square foot addition to the Marco Island Branch Library. The addition will be used as a community meeting room, as well as for both children's and adult programs sponsored by the Library and the Marco Island Friends of the Library. a. How the Marco Island Branch Library will function: The Marco Island Branch Library is one of seven neighborhood branch libraries in the Collier County Public Library system. Two regional libraries also serve residents and visitors in Collier County. A third regional library is planned and should be under construction shortly. All public libraries are a part of the county library system infrastructure, including centralized ordering and processing of library materials, a centralized automation system, and administration is provided by the County library system. All of the Collier libraries work together to provide library services and programming to users, though staff members at each location are responsible for their own programs. For example, the librarian in charge of Marco Island Branch plans programs to meet the expressed needs of the area residents. The librarian may present some programs; she may also find speakers and performers for other programs; and she may ask other library staff members to share their programs at this location. In turn, the librarian could present programs at other locations. This is especially true of the children's programs where a particular presenter such as 'The Snake Man' Collier County Public Library Marco Island Expansion Library Construction Grant April!, 2007 2 Agenda Item No. 1603 March 27, 2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 9 of 22 may do programs at all public libraries. Also children's staff members share their summer FL YP programs at all locations. (Florida Library Youth Program) All locations provide circulation of popular materials, reference, discarded book sales, public Internet access, computer training and children's services. Some locations have more extensive literacy programs than others. Other locations have more children and need more space for programs and books. The size of the library and number of users govern the additional services offered at some locations. Book and audiovisual collections vary in size and variety at each location, but all media types are represented at each location. As noted previously, Marco Island Branch was the site of the Library's first literacy program. A trust fund donation was dedicated to the establishment of a library literacy program and paid for the salary and expenses for fIrst two years of the Library's Literacy Coordinator. That literacy program has been expanded, and it now provides services and guidance to all Collier libraries. Collier literacy also works closely with other community literacy providers. The existing Marco Island Branch Library is a vibrant and active public library, serving the communities of Marco Island, Goodland and Isles of Capri. Marco Island is an incorporated city, though Collier County is charged with operating and funding the local library. The Branch Library has always been a part of the Collier County Public Library system. After the addition of the meeting/multi-purpose room to the Branch Library, the same programs and services will continue-but with an enhanced ability to provide quality services for residents and visitors to Marco Island. Currently adult programs take over either the Children's Department or an area in front of the circulation desk for large programs. The Library has even closed early for some evening programs. All of these program uses disrupt the intended use of these spaces for children and adults who may not be interested in the programs. The separate meeting room will allow the new children's librarian to plan active, noisy programs that attract children and their parents. Currently, a crowd of 25 children and parents can fill the Children's Department-and not leave space for use of the room by other customers not attending the program. In other words, the Marco Branch Library will be able to increase its service to the community, while maintaining all of its current traditional library services. The Library is a very active library building in the County system. During the busy winter months, the Marco Island monthly circulation exceeds that of the other neighborhood branches. We expect the meeting room to increase the stature and role of the Library as a true community resource, and contribute to even higher usage of the building and materials. b. Marco Island Branch expansion contributions to new and improved services: Circulation at Marco Island Branch has exceeded that of the three other neighborhood libraries in similar communities since fiscal year 2003, with the exception of fiscal years 2003 and 2004, when the Golden Gate Branch circulation was higher than that of Marco Island. However, starting in fiscal year 2005, the Marco Island Branch has out-circulated Vanderbilt Beach Branch, East Naples Branch, and the Golden Gate Branch each year, and is on track to do so in the current fiscal year. The objective of this construction project is to provide needed program and community meeting room space at the Marco Branch Library. Current services and collections are well received and Collier County Public Library Marco Island Expansion Library Construction Grant April 1, 2007 3 Agenda Item No. 1603 March 27, 2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 10 of 22 well used by the community. The meeting room addition will truly enhance and make an obvious, positive difference to the community. Adult programs for more than 15 people and children's programs for more than 25 children and parents have no appropriate space within the library. Staff and users have made the best of their facilities, but need the meeting room to be able to provide services and programs at least equal to those at other Collier libraries. When school classes visit, they have no specific area in which to work and keep their enthusiastic noise contained. Other library users request information on when classes will not be in the library, so they may plan better times to visit. Adult programs presented by both the Marco Island Friends of the Library and the Library are currently held in either the entry to and work table areas of the Children's Department or in the reading area in front the circulation desk. Both locations interfere with the normal use of the library by those not attending the programs. During very popular programs the Library has closed to other activities in order to provide the largest space possible for the audience. These have included hist01;cal reenactments, character portrayals, live musical concerts and film programs. A portable stage and sound system is set up in the middle of the room, with tables, chairs and potted plants moved out of the way. Program attendance has often exceeded 120 people! But the rest of the building has not been available for other library users. The Marco Island Friends of the Library recently held a fundraising jazz concert. They had to rent a hall for the concert because the library could not hold the expected crowd. The last Marco Island used book sale was held at the library, but the sale tables monopolized the reading and study area in front of the circulation desk. The sale is very popular, attracting hundreds of happy shoppers-but it also disrupts services to other library users. Community groups larger than 15 people cannot meet at the Library. Public meeting room space is limited throughout the island. The local park has some meeting space but has charges even for non-profit groups. During the busy winter months, Island restaurants cannot usually accommodate all of the non-profit groups needing meeting places. Groups that do not include a meal as part of their meeting have few choices of places to meet. The Marco Island Branch has also been used as an early voting site since the 2004 election. The Library currently has no secure or secluded room to provide privacy required by the elections officials or by those voting. Literacy tutors have trouble finding suitable, quiet areas for the one-on-one interaction needed by those trying to learn a new language or learn to read. Many potential students would prefer to avoid the embarrassment of reading out loud where others might hear their mistakes. And their necessary noise can disrupt the thought process of others reading or trying to study. In summary: Problem #1: The Library does not have appropriate facilities for children's programs. The Children's Department can easily provide space for the weekly story programs, but cannot accommodate groups larger than 25 children and adults. Improvement: The addition of a meeting room will allow the Children's Librarian to plan innovative and exciting programs that will attract larger groups of children. Traditionally Collier County Public Library Marco Island Expansion Library Construction Grant April 1. 2007 4 Agenda Item No. 1603 March 27, 2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 11 of 22 Collier libraries have a celebration at the end of the summer FL YP (Florida Library Youth Program) sessions to honor the participants. The Marco Island celebration has always been held at other libraries since the Marco Branch does not have enough space. The meeting room will have a direct entrance from the Children's Department. Parents and children can meet for a program in the Children's Department and select books while waiting for the program. Larger programs that include activities and crafts can be planned, instead of limiting programs to story telling and quiet reading activities. Presentations can be made directly to school classes visiting the library in the new meeting room. Staff can show library resources to the classes before the children have a chance to explore and use them on their own. Problem #2: The Library does not have appropriate facilities to sponsor adult programs of interest to the community. Programs are still held, but people walking by can disrupt the program. Additionally, the sounds of the program interfere with use of the rest of the Library by others. Lectures for adults on history, gardening, health issues, and many other topics essentially close down the Children's Department and limit the use of children's materials during the program. Improvement: Other neighborhood libraries with meeting rooms provide double the number of programs provided at the Marco Island Branch, and have two to three times as many people attending their programs. With a separate meeting room, the Library and Friends of the Library programs will not disrupt use of the facilities for other users. Programs can be planned and presented for a very eager group of library users. The Children's Department will regain the lost hours of access to their materials and services. The Library has just hired an additional Children's Librarian who is assigned to provide services to Marco Island. She will be able to maximize her programs and services, without the concern of closing for adult programs. Problem #3: The Friends of the Library cannot easily sponsor programs and events that will both attract new Friends members and also provide the financial support to continue programs that enhance the services of the Library system. Improvement: The fundraisers currently held in rented facilities will now be presented in the Library. The events will attract more attention and earn more money for the Friends-and ultimately the Library. More of the funds raised will go to direct library support, as the costs to produce the events are decreased. Positive activities produce positive energy. With the enthusiastic Friends members working within the Library, more interest and support for their programs and for the library programs and services will be generated. Problem #4: Community groups larger than about 15 members cannot use the Library as a meeting place. It is difficult for some non-profit organizations to find meeting places. Improvement: The Marco Island Friends of the Library have been raising funds to build this meeting room for several years. They have received support from many community organizations and residents who are eager to help with a project with such a direct benefit as a public meeting room that can also be used as a gathering place for non-profit organizations. Problem #5: The Library's literacy program began on Marco Island, yet the Library cannot provide appropriate tutoring places for students wanting to learn to speak English or how to read. Tutors and students share tables with people reading magazines and doing research. Improvement: The literacy tutors and students will be able to have a quiet area for learning. Even with limited facilities, the literacy program has many success stories of students Collier County Public Library Marco Island Expansion Library Construction Grant April 1, 2007 5 Agenda Item No. 1603 March 27, 2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 12 of 22 who have earned better jobs as their English skills improve. The Marco community depends on service workers and will benefit as much as the students who improve their personal lives because of the literacy program at the Marco Branch Library. The Literacy program will also be able to provide additional tutor-training classes at the Library. Currently these classes must be held off-island, where space can be found. Problem #6: The Library has happily served as an early voting site since the legislation was passed in Florida. Because the library is so popular on Marco Island, it is a natural place for people to come to for voting. The Library cannot, however, provide adequate space with security for voting equipment and privacy for voters. Again, providing space for early voting limits access to normal library activities for the entire community. Improvement: The Library will be able to use the meeting room for early voting, thus providing a secure environment for the voting equipment and privacy for those voting. Other library users will also be able to use other library materials and services during the early voting days, with no lost access. -In short, the expansion of the Marco Branch library with the addition of a meeting room will provide the needed space to provide the many traditional programming needs of a public library seeking to be a valued community gathering place. Space is needed for children's programs. Space is needed for adult programs. Space is needed for literacy tutoring. Space is needed for early voting. Space is needed for non-profit organizations to meet. Space is needed for Friends of the Library programs. c. The effects of staffing, maintaining, and costs of operating the proposed addition to the Marco Branch Library: The 4,000 square foot addition to the Marco Branch Library will increase some operating costs, primarily those for electricity, water and sewer. No additional staff members will be added to the 7.5 full-time equivalent employees. A children's librarian has just been hired for Marco Island Branch. She will work full-time at this location, planning programs and assisting our younger customers and their parents with their library needs. Her responsibilities will also include library outreach to the Island elementary school and the charter school. Maintenance costs of Marco Branch are expected to increase only minimally. The County provides cleaning and landscaping services and does not charge department budgets directly for these services. Additional cleaning hours will be requested from the County's Facilities Management Department. Exterior landscape maintenance will be simplified when the pond is removed to provide space for the expansion. The Library will request some additional repair and maintenance funds for unanticipated repairs or modifications to the addition. The County plans fiscally for new or expanded facilities before the construction project is approved. For example, when the new Headquarters Library was being planned, library personnel were added in both of the two fiscal years prior to completing the building. Library materials were purchased during each of the three years prior to opening. Anticipated operating costs were budgeted for the portion of the year that it was expected to be open. The additional funds needed to operate the Marco Branch Library with a meeting room will be budgeted for the anticipated opening of the facility. Collier County Public Library Marco Island Expansion Library Construction Grant Aprilt, 2007 6 Agenda Item No. 1603 March 27,2007 Grant Introduction'" 4. A Narrative Description of the Project'" 5. Building Program Page 13 of 22 Library Budgets and Estimates FY07 Library FY07 Marco FY09 Estimated FY09 Estimated Budget Branch Budget Library Budget Marco Branch Budl!et Personnel $ 6,284,300 $ 343,000 $ 7,065,000 $ 384,200 Operating $ 1,060,100 $ 63,100 $ 1,187,300 $ 80,000 Capital $ 131,000 Budget with system $ 150,000 Budget with system Materials $ 1,797,100 Budget with system $ 2,300,000 Budget with system Library Trust Fund $ 124,000 Budget with system $ 150,000 Budget with system Total $ 9,396,500 $ 406,100 $10,852,300 $ 464,200 Library Staffing: Model of Marco Branch Library Number of Position Title Employees with Function Title Manager-Branch Library I Building Supervisor Children's Librarian I Provides all children's services Library Associate I Volunteer Coordinator and Circulation Manager Library Assistants 4.5 Work Circulation Desk, Register Users, Process Returned Materials Total Staff 7.5 FfEs 5. Building Program a. An Historical Perspective of Collier County Public Library: 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. Later a bookmobile started operation, visiting communities in Collier County 2 or 3 times per month. A private land donation and volunteer fund-raising 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 fmally completely rebuilt in 1992. With the completion of a new Headquarters Library in 2002, this old building became the largest regional library in the system. Even though Collier County is one of the largest counties east of the Mississippi River, with 2,025.45 square miles of land area, the population has traditionally flourished in the coastal areas only, with the exception of the interior community of Immokalee. Large farming areas around Immokalee have provided work and housing for migrant workers and their families. In recent years, the population has begun to spread further from the coast as people search for more affordable housing. This eastward spread of population is limited, however, by state and national park lands. Housing, shopping centers, and public buildings cannot fill the entire county-though it sometimes seems that this is happening. Libraries have been built in areas of growing residential and commercial construction, with the intent to place regional or the headquarters libraries no more than ten miles, or a thirty-minute Collier County Public Library Marco Island Expansion Library Construction Grant April!, 2007 7 Agenda Item No. 1603 March 27,2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 14 of 22 drive from the county population centers. Neighborhood branches serve smaller areas and should be within five miles or a fifteen-minute drive of their customers. The population has been growing rapidly in the northern part of Collier County. Now, however, southern and eastern Collier County is starting to experience this rapid growth. Major retail and discount stores are building in the area; roads are expanding; and large residential developments are rapidly building. Currently, the permanent population of the Marco Island area is about 16,000. The population surges, however, in the winter season, with up to 20,000 more people living on or visiting Marco Island from December through April. New homes and condominiums continue to be built on empty lots, while some older residences are replaced with new construction. The City of Marco was incorporated in 1997. Currently the City planning department does not anticipate when build- out will occur. Growth in the southern and eastern Collier County also affects Marco Island, as people in these areas find jobs on Marco and Marco residents travel north to shop and conduct business in the new commercial centers opening just north of the Island. In recognition of the tremendous growth in these eastern and southern parts of Collier County, the Library is constructing a new regional library, approximately 16 miles from the Marco Branch Library. As previously noted, Island residents avoid leaving Marco Island as much as possible. Therefore, the new regional cannot provide the programming services that we are seeking to expand at the Marco Island Branch Library. Mission of the Library: (As updated in Collier County Public Librmy, Long Range Plan, 2006 - 2011) 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 Library: (As updated in Collier County Public Librmy, Long Range Plan, 2006 - 2011) 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, however, been, modified to fit the needs of local residents. These roles are: Popular Materials Library 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. Collier County Public Library Marco Island Expansion Library Construction Grant April 1, 2007 8 Agenda Item No. 1603 March 27,2007 Grant Introduction ... 4. A Narrative Description of the Project ... 5. Building Program Page 15 of 22 General Information Center, Including Reference, Information and Referral, and Literacy 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 2007 to emphasize services to growing populations of non-English speaking users and older young adult users. b. Library Functions, Patron Use and Work Flow: In 1998, the Marco Island Branch was redesigned and rebuilt with a subtle Art Deco theme. It was well-placed on the 1.65-acre site to maximize the parking and the floor plan of the library. Its obvious entrance welcomes users to a well-planned library. Upon entering the Library, users are greeted by a light and spacious entry with attractive public displays of program information, special events and other community activities. Straight ahead adult users find the new book shelving, the audiovisual room and the circulation desk. The reading area in front of the circulation desk is the space most frequently used for adult library programs. Children and their parents discover the Children's Department off to their right. The Children's Department location is visually obvious to users, but acoustical walls keep much of the sounds of young users confined to that room. Children are welcomed with a carpet of stars and planets. Appropriate decorations and displays further entice young library users into the department. A small storytelling/program area is located at the opposite side of the room from the door to the rest of the library. Children's books, audio books, tables, and computers are available within the department. Behind the public circulation desk, to the left as users make their way into the library, is the staff work area. The outside book drop deposits materials into a fire-rated room in this area. Library drivers make deliveries into the work area, directly from their vehicles. The work area also contains wall cupboards for storage of equipment and supplies, a staff break room and restroom, and the Branch Manager's office. Facing west from the circulation desk, beyond the seating or program area, is a floor to ceiling glass wall with two doors that lead to the terrace, overlooking the fish pond and fountain. While it can be used for small group gatherings, this area is used primarily by individuals for pleasure reading, and by tutors trying to find a quiet, private place to work with their literacy or school-age students. Beyond the circulation area, the Library opens up into non-fiction shelving straight ahead and fiction and periodical shelving on the right. The bookshelves are divided by tables and seating areas. Public computers and additional seating areas are located between the non-fiction bookshelves and a small conference room. The public restrooms are located to the right of the conference room. The building is effective in directing people to appropriate collections and areas. In the planning stages, the Library Staff expressed a strong desire to keep the noisier activities to the front of the facility. This has been accomplished with the displays as people enter, and with the Children's Collier County Public Library Marco Island Expansion Library Construction Grant April!, 2007 9 Agenda Item No. 1603 March 27, 2007 Grant Introduction .. 4. A Narrative Description of the Project .. 5. Building Program Page 16 of 22 Department, audiovisual materials and the circulation desk closer to the entrance. Study tables and computers are moved to back areas that are typically quieter. Staff workflow is effective and efficient. The circulation desk has four checkout stations that provide space for both staff and the public. Returned materials can be checked in either at this circulation desk or in the work area behind it. From either location, the check-in books can easily be returned to the shelves. Deliveries of new materials and those returned to other locations are received daily. These materials are processed into the collection in the back work area. Sufficient space is available for this process. The new meeting room will be added to the eastern side of the building and will abut the Children's Department. A separate entrance will be added so that the meeting room can be used without opening the rest of the Library. A handicapped-accessible ramp will be provided. An additional door will be installed between the meeting room and the Children's Department, enabling those attending the children's programs to meet in their room before entering the meeting room. As one looks at the front of the library, the door to the meeting room will be on the right. The area inside the door includes display space to honor those donating to the project. This short corridor leads first to the public restrooms and then to the entry lobby, with the double door entry into the meeting room recessed from both the lobby and meeting room. The intent is to limit the noise of opening these doors when programs are in session. A second lobby exit is off to the right. Entering the meeting room, a mechanical room is on the right with the door opening into the entry and not the meeting room. Both the left and right back walls of the meeting room have counters for coffee and refreshments. On the left, a vestibule offers an entry into the Children's Department. The meeting room is designed to seat an audience of 128 people. The seats are not fixed and maybe arranged in the most appropriate manner for the specific program. An additional exit on the far left wall permits easy entry onto the Library patio and easy access to the street behind the Library for catering-type deliveries. The front area of the meeting room includes a presentation area with a motorized screen and a separate chair storage room. The audiovisual equipment will also be kept in here. The room will be wired for a public address system. The exterior of the addition is designed to complement the facade of the existing building-a modernistic approach to Art Deco. The addition will be built over part of an existing parking lot. Lost parking spaces will be replaced in the 3-acre passive park and parking area across the street from the library. This area is already used for overflow parking. Both the Library and the passive park/parking area are in a very low-traffic neighborhood. The street between the Library and additional parking provides access to three private homes. To further ensure safe crossing for library users, street crossing and caution signs will be posted. Care will be taken to provide sufficient parking to both meet building codes and to provide adequate parking for the new use of the building. c. Future needs based on demographic projections Planning for library service and buildings on an island presents unique challenges. Marco Island is both a residential destination for retirees and a tourist destination for those seeking relief from Collier County Public Library Marco Island Expansion Library Construction Grant April 1, 2007 10 Agenda Item No. 1603 March 27, 2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 17 of 22 cold northern temperatures. Land is not endlessly available for public construction projects. Even many permanent residents leave for up to 5 months in the spring and summer. The City population projections for future construction or build-out timetables are not available. Logic tells us, however, that additional single family and condominium residences will continue to be added to the Island as long as possible. Driving around the Island does reveal numerous properties that could be converted to residential property. Many residents also opt to replace older homes with new construction. County population projections show only moderate increases in permanent population through 2030. Their estimates show a 2030 Marco Island population of 20,655 permanent residents. The Library site itself is limited to this 4,000 square foot addition-without rerouting a small street. If the street were rerouted, the 3-acre passive park could be used for additional library space. There is likely no other property available for library construction on Marco Island. Should population exceed the capacity of the Marco Island Branch Library, the Library would have to carefully consider the services and materials offered at this location, retaining only those that were highly used. The Library is also considering partnerships with other Island organizations such as the schools, parks and others. Future services could be provided at locations other than the physical library. And as with all libraries today, technology is enabling some services and materials to be provided remotely. The Library will continue to explore innovative ways and cooperative ventures to provide library services to all of our communities. In about two years an additional regional library will be open within a 30-minute drive of Marco Island. The Library has also received a 3-acre land donation slightly closer to Marco Island than this South Regional Library will be. Library construction at Fiddler's Creek could also provide service to Marco Island residents. We feel strongly that public libraries will continue to serve the educational, cultural and informational needs of our community. Changes in technology and population will determine how we provide access to these resources, and these changes in turn will impact the form and function of our buildings, furnishings, materials and personnel. Thus the evaluation process that ensures libraries retain their ability to provide information services that positively impact the lives of our users continues. 7. Starting project prior to date of grant award. The Library and the Marco Island Friends of the Library would like to start this project as soon as possible. It is likely that we will start prior to the date of the grant award. Section IX information is, therefore, included in this grant application. IX. A. Specific location of site and a narrative evaluation of the site: This project will construct a 4,000 square foot addition to the existing Marco Island Branch Library. It is located at 210 South Heathwood Drive, Marco Island, Florida 34145. Marco Island is an incorporated city within Collier County, Florida. The building is well-placed on the 1.5-acre parcel, permitting the maximum space possible for building and parking. An adjacent 3-acre passive park is used for additional parking, some library programs and as a gathering place by the community. (Property Deed Attached.) Collier County Public Library Marco Island Expansion Library Construction Grant April 1, 2007 11 Agenda Item No. 1603 March 27, 2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 18 of 22 1. Future Growth and Expansion: The size of the library site does limit future expansion opportunities. However, the permanent population of Marco Island is not expected to exceed 20,000 within the next 20 years. The existing building currently exceeds the Florida standard of .6 square foot per capita. The additional 4,000 square feet will ensure that the building continues to exceed the standard further into the future. 2. Community growth and traffic pattern projections: Marco Island is about 24 square miles. The Library is well located near a community park, the YMCA, City offices, single-family homes and an elementary school. Library users drive, walk or bike to the Library, with the majority of older users driving. Only major traffic jams on the Island would cause people to have to drive more than 10 minutes to reach the Library. The Island is well laid out, with little room for changing major traffic patterns. Artificial canals were planned to maximize 'water-front' property for residents. A bi-directional, two-lane road (Heathwood Drive) provides through traffic the only access to the Library. Side streets dead-end at canals. Two major roads are being enlarged on the Island: San Marco Road and Collier Boulevard. The Library is on Heathwood Drive, which intersects with San Marco Road. No significant changes are expected to the roadways on Marco Island. 3. Adequate parking: Collier County building codes require 1 parking space per 200 square feet of building, or 81 parking spaces for the entire building with the addition. The intent is to have 90 spaces for parking, with the possibility of using more spaces at the passive park when needed. 4. Convenient access to major pedestrian and vehicular traffic routes: Since outdoor life and activities are very important to residents, sidewalks abound on the Island. The library is well situated near residences, parks, schools and City offices. The standard green 'Library' signs direct users to the Library from the major San Marco Road. Library users have easy access from all shopping and commercial areas. The public bus does stop within walking distance of the Library. 5. Physical characteristics of the site: Since the building already exists on the site, the entire site has been cleared and well landscaped. Some trees were lost during Hurricane Wilma in October 2005. Currently the back terrace looks out over a pond that will be removed during the construction. The pond has always been a difficult feature to maintain, and staff is looking forward to not having it. The 3-acre passive park is also well landscaped, with trees, walks and even a covered seating area. Some of the original trees remain to provide welcome shade to the building. Since exterior and landscape maintenance is provided by the County, the emphasis has always been on low- maintenance plants. IX. B. Property Deed: The deed is attached. IX. C. A comparison of the proposed project to .6 square feet per capita and library standards: 1. Total floor space: This construction proposes a 4,000 square foot addition to the existing 12,345 square foot building. With current property restrictions, this is the maximum footage that can be added. As mentioned above, the Library will explore the possibility of rerouting a street in order to take advantage of the land available on the 3-acre passive park next to the Library when additional space is needed on Marco Island. Collier County Public Library Marco Island Expansion Library Construction Grant April 1, 2007 12 Agenda Item No. 1603 March 27, 2007 Grant Introduction ... 4. A Narrative Description of the Project ... 5. Building Program Page 19 of 22 Collier County Public Library County Population & Square Foota2e Required Population* Square Footage** Actual Square required at .6 sf / Footage in Service person Collier County 317,788 190,673 sf 130,878 sf Marco Island 15,647 9,388 sf 12,345 sf Construction Projects to be completed in next 2 years. Includes 51,000 sf South Regional, Golden Gate & Marco Island. Total Square footage available by 181,878 sf FY2009 * Florida Population Studies, Bureau of Economic and Business Research, April 1, 2005. ** Standards for Florida Public Libraries, 2004, 2006 Revision. This 4,000 square foot project, as well as, two additional projects that add 51,000 square feet, will bring the library closer than we have ever been to meeting the .6 square foot per capita of building space. After these three construction projects are completed, the Library will then have 181,878 square feet of building space. 2. Space designations for library functions: The table below shows the existing library space for all functions. Also included is the additional square footage proposed in this grant application. The square footages are approximates as this branch has a generally open floor plan with few individual rooms. For example, the periodicals, reference, book stacks, Y A, and general reading areas are all in sections of the same 2,300 square foot space. Space Requirements Summary: Functional Square Areas Footage Comments Adult Fiction & 1,340 Includes books, large print, audio books, paperbacks, Non-Fiction casual and general seating areas. Also includes 7 Internet workstations and 2 OP AC stations distributed throughout the space. Reference Area 370 Includes investment resources, small book collection, and public use photocopier. Conference 360 Includes 2 Ellis literacy computer workstations, a Room/ Quiet whiteboard, Area Literacy materials, 3 square tables and 9 chairs. Periodicals and 390 Popular adult magazines and newspapers, shelved on Newspapers hinged periodical shelving. Tables and casual seating. New Arrivals 1,410 New arrivals and casual seating. Area also includes an Internet workstation and a closed circuit television magnifier. Audiovisual 470 Adult videos and music CDs. Circulation 1,510 Includes manager's office, public desk, staff workroom, Services reserve area, P A system, storage, and book drop, 13 Collier County Public Library Marco Islond Expansion Library Construction Grant April 1, 2007 Agenda Item No. 1603 March 27, 2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 20 of 22 Staff Lounge 300 Small kitchenette and refrigerator, microwave, counter space, table and seating for 2. Staffrestroom. Young Adult 220 Periodicals, paperbacks, fiction. Tables and seating. Area Public Restrooms 580 Includes custodial closet for entire building. Children's Room 1,640 Includes children's books, A V, periodicals and reference collections. Storage for children's librarian. Computer areas, story time space, display area, information desk, casual and table seating. Includes unisex public restroom with diaper changing facility. Reading 1,600 Includes covered, screened area with lights and fans, Terrace/Patio tables and chairs. Also includes open-air area with bench seating. Gallery/Display 530 Includes built-it glass display cabinets with slat wall, Area freestanding poster and brochure displayers, and casual seating. Non-assignable 1,625 Lobby, mechanical, corridors, entry, exterior walkways, Space staff patio, etc. Rose Hall 4,000 Proposed addition to the Library. Meeting room with chair storage and mechanical room. Gross Square 16,345 Includes proposed addition square feet. Footage 3. Shelving required: No additional shelving is proposed as part of this construction project. Adequate shelving exists in the building for all library materials. 4. Staffing required: No additional staffing will be added due to increased size of the building. A children's librarian has just been hired, exclusively for this building. Prior to this position being authorized, a children's librarian or programming specialist has provided children's services to several library locations. We anticipate an expansion of services with a full-time librarian working with the children on Marco Island. Staffing would be increased as general library activities increase. We evaluate this need annually at budget time. The Library also has the option of hiring temporary staff members for a particular busy time of the year. For Marco Island Branch, of course this would be in the winter season. We have been fortunate enough to hire several retired library employees to work these temporary jobs, assisting during our busiest months. The standards are: *Quality Level N umber of Library Professionals Essential Minimum of I per administrative unit Enhanced Minimum of 1 per location, size of location considered Exemplary One third of FTEs in library system * Florida Public LibrGlY Standards 2004, 2006 Revision Collier County Public Library Marco Island Expansion Library Construction Grant April!, 2007 14 Agenda Item No. 1603 March 27,2007 Grant Introduction * 4. A Narrative Description of the Project * 5. Building Program Page 21 of 22 *Libra Staffin - Core Standard: Qualit Level FTEs Essential Enhanced Exem la .6 * Florida Public Library Standards 2004, 2006 Revision I rary ta Ill!! o e 0 arco ranc I rary Number of Position Title Employees with Function Title Manager-Branch Library I Building Supervisor Children's Librarian I Provides all children's services Library Associate 1 Volunteer Coordinator and Circulation Manager Library Assistants 4.5 Work Circulation Desk, Register Users, Process Returned Materials Total Staff 7.5 FTEs L'b S fti M d I fM B hL'b The table below shows that both the library system and the Marco Island Branch Library will exceed the Essential level of service, but will not meet the Enhanced standard. Marco Island nearly reaches the Enhanced Staff level, with 7.5 full-time equivalent employees and will exceed the Enhanced Staff level with two professional librarians assigned to this location. Essential Staff Enhanced Staff Exemplary Staff County Population 317,788 95.3 159 190.7 Marco Island Area Population 15,647 4.7 8 9.4 Adding new staff members has always been a challenge in all of Collier County, and not just at the Library. When compared to many other Florida counties, Collier County always ranks higher in number of circulations per employee. 5. Lighting requirements: Lighting in the existing building is adequate. Lighting plans will reflect the Florida Public Library Standards 2004, 2006 Revision. These are 50 to 70 sustained foot-candles at table-top height in public service areas; 30 to 50 foot-candles at table-top height in storage areas; 35 foot-candles at floor level, ensuring that all shelves have adequate lighting; and that all lighting is evenly distributed and provides adequate light without glare, especially in computer areas. Lights proposed for the meeting room will allow for flexible lighting arrangements within the meeting room. Program requirements include: maximum lighting for work on individual crafts and projects in the room; lights that can be decreased in the audience, with stage lighting to highlight a perfonnance; lights than can be decreased throughout, as for viewing at a theater; and, lights that can be decreased on the motorized screen, yet allow for the audience to take notes during a computer presentation. Library experiences in other locations lead us to Collier County Public Library Marco Island Expansion Library Construction Grant April 1, 2007 15 Agenda Item No. 1603 March 27,2007 Grant Introduction ,. 4. A Narrative Description of the Project ,. 5. Building Program Page 22 of 22 request simple controls. Required safety and exit lights are also included as part of the design. 6. Telecommunications and electrical requirements: Telecommunications cabling will follow the National Electrical Code (NEe) and Building Industry Consulting Services International (BiCSi) Telecommunication Association guidelines. The telecommunication room/closet shall be sufficient in size to hold any additional networking equipment required of this expansion. All servers are housed centrally, requiring minimal networking equipment space needed at the branch level. Sufficient electrical outlets, circuits and network connects will be included in this added meeting room. The room shall also be capable of providing wireless Internet access for the public. IX. D. Initial furniture and equipment needed: No additional equipment is needed for this construction projection. The Library already owns the portable tables and chairs that will be used in the new meeting room. Projection equipment is also owned already. As these items age and show ware, the Library will budget for replacement during the regular budget process. The motorized projection screen is part of the construction project and will be bid as such. IX. E. Subsurface soil analysis: Report is attached. IX. F. Compliance with Floodplain Management: Document will be sent when it arrives. IX. G. National Register of Historic Places non-interference: Document will be sent when it amves. IX. H. Deed: Property deed attached. IX. I. Certification that the project contract will be competitively bid: Document is attached. Collier County Public Library Marco Island Expansion Library Construction Grant April 1, 2007 16 Agenda Item No. 1604 March 27, 2007 Page 1 of 6 ,- EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners not renew concession agreement #96-2611 with Fish Finders, Inc. d.b.a. Cocohatchee River Marina Inc. and authorize the creation of 2.8 Full Time Equivalent (FTE) positions to establish marina operations at Cocohatchee River Marina and approve necessary budget amendments as needed. Objective: To ensure public recreational access to the waterways. Considerations: Parks and Recreation staff recommends that the Board of County Commissioners not renew concession agreement 96-2611 and provide 30 days notice to the concessionaire no later than April 20, 2007. The department has prepared and attached a cost benefit analysis of operating the Cocohatchee River Marina for the balance of FY 07 and all of FY 08. Staff analysis projects managing the facility from May 2007 to September 2007 will provide a net increase in revenues to the County of $4,214. This is arrived at by projected revenues of$284,897, less costs to operate of $261,112, less loss in concession revenues of $19,570. /--- It is anticipated that the fiscal impact in FY 08 will be a net increase in revenues of $89,116. This amount is arrived at by projected revenues of$841,249 less operating costs of $705,333, less loss in concession revenues of $46,800. The Parks and Recreational department will pursue new recreational opportunities for the general public such as a boat shuttle to the beach and fishing in the Cocohatchee River from the Park area. The operation oftrus facility by the Parks and Recreation Department will require 2.8 FTE's which include one (1) full-time Program Leader and three (3) part-time Park and Recreation Assistants. Fiscal Impact: FY 07 will have a net benefit to the County of $4,204 and FY 08 will have a net benefit of $89,116 as outlined above and in the Cost Benefit Analysis. Leeal Considerations: County under no obligation to renew Concession Agreement. Growth Manaeement: The facility is inventoried in the Growth Management Plan. Recommendation: Recommendation that the Board of County Commissioners not renew concession agreement #96-2611 with Fish Finders, Inc. d.b.a. Cocohatchee River Marina Inc. and authorize the creation of 2.8 Full Time Equivalent (FTE) positions to establish marina operations at Cocohatchee River Marina and approve necessary budget amendments as needed. ,-- Prepared Bv: Ray Carter, Project Manager, Parks and Recreation Department Agenda Item No. 16D4 March 27, 2007 Page 2of6 Cochatchee River Park Concession Cost Benefit Analysis Personnel Program Leader Full Time (1) Grade 12 $ 29,931 Park and Rec Asst Part Time (3) Grade 7 $ 41 ,820 Regular Salaries $ Other Salaries and Wages $ 13,940 Overtime $ 2,870 Social Security Matching $ 5,489 Retirement Regular $ 7,663 Health Insurance $ 9,732 Life Insurance $ 359 Personnel Cost $ Total Personnel Cost Operatina Fuel $ 498,517 Merchandise (bait, tackle, misc.) $ 79,852 Other Operating Expenses $ 2,000 Organizational Development $ 200 Minor Operating Equipment $ 1,000 Clothing and Uniforms $ 900 Other Ads $ 2,000 Phones $ 1,960 Other Contracted Services $ 2,000 Licenses and permits $ 100 Total Operating Cost Capital Various Capital Total Cost 71,751 40,053 Revenue Fuel Resale Merchandise Resale (bait, tackle, misc.) Dock Rentals $ $ $ 648,072 107,800 85,378 Total Revenue Net Less Loss Consessionaire Contribution Net to County $ 111,804 $ 588,529 $ 5,000 $ 705,333 $ 841,249 $ 135,916 $ $ (46,800) 89,116 Agenda Item No. 16D4 March 27, 2007 Page 3 of 6 Total Cost associated with months of May-Sept for Cocohatchee Cocohatchee River Marina Inc. Sales reported for May through September 2006 used for 2007 projections. Fuel and Applicable Total Sales Diesel Fuel and Diesel Total Personnel Projected Projected Months excl. Gas/Diesel Gallons Dollars Cost per month Operating Cost Revenues May $5,412.59 15,494.85 $54,231.98 $8,600.31 $68,244.88 $77,808.56 June $6,210.37 10,031.78 $35,111 .23 $8,600.31 $49,921.91 $54,028.60 July $5,706.37 11,797.19 $41,290.17 $8,600.31 $55,596.85 $61,380.81 AUQust $5,782.15 8,890.30 $31,116.05 $8,600.31 $45,498.51 $48,256.77 September $3,940.79 8,374.02 $29,309.07 $8,600.31 $41,850.17 $43,421.86 Total Cost $27,052.27 54,588.14 $191,058.49 Net Less Loss Consessionaire Contribution Net to County $43,001.55 $261,112.31 $284,896.60 $23,784.29 $ 19,570 $ 4,214 Item Number: Item Summery: Meeting Date: Agenda Item No. 1604 March 27, 2007 Page 4 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1604 Recommendation that the Board of County Commissioners not renew concession agreement #96-2611 with Fish Finders, Inc. d.b.a Cocohatchee River Marine Inc. and authorize the creation of 2.8 Full Time Equivalent (FTEt posi"ons 10 eslabilsh marina operations al Cocohatchee River Marina end approve necessary budget amendments 3/27/20079:00:00 AM Operations Coordinator Date Prepared By Susan Capasso Public Services Parks and Recreation 3/12/20074:53:18 PM Raymond Carter Operations Manager Date App roved By Public Services Parks and Recreation 3/13120078:12 AM Executive Secretary Date Approved By Kathy Carpenter Public Services Public Services Admin. 3/13/20079:51 AM Marla Ramsey Public Services Administrator Date Approved By Public Services Public Services. Admin. 3/14120072:03 PM OMB Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 311612007 7:49 AM Sherry Pry or Management & Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3120/2007 1 :37 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 3/20120074:21 PM App roved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/20/2007 9:21 PM Agenda Item No. 16D4 March 27, 2007 Page 5 of 6 COLLIER COUNTY DMSION OF PUBUC SERVICES Parks and Recreation Department 15000 Livingston Road. Naples, Florida 34109. Phone (239) 254-4000. FAX (239) 514-8657 Websitc: colliergov.net January 8, 2006 Mr. Paul Harvey, President Fish Finders Ine. d/b/a Cocohatchee River Marina, Inc. 179 South Bay Drive Naples, Florida 34108 RE: Contract #96-2611 - "Cocohatchee River Park Concession" Dear Mr. Harvey: In reference to the Concession Agreement which was approved by the Board of County Commissioners on May 20, 1997, please be advised that the County does not wish to renew the Agreement All other terms and conditions of the Agreement will remain in effect until May 20,2007, after which Agreement #96-2611 will expire. At this time, the County does not intend to solicit for future concession agreements at this property. If you have any questions please ~ ~e at 239-254-4000. Sincerely, 04U1, p)~ Barry Wil~, Director .. c o 1~' i' e r C o u n t ~ 'I! Agenda Item No. 15D4 March 27,2007 Page 5 of 51' ,... ~ SENDER: 'iij . Complete items 1, and/or 2 for additional services. CD . Complete items 3. and 4a III b. l!! . Print your name and address on the reverse 01 this form so that we can CD return this card to you. ~ . Attach this form to the front of the meilpiece, or on the back if space .. does not permit. 1! . Write "Return Receipt Requested" on the mailpiece below the article number. .. . The Return Receipt will show to whom the article wae delivered and the date delivered. 3. Article Addressed to: .C~'\ I also wish. to receive the, '1 fOI.lowing services (for..~.n. ".. ~~tr~...';Ii.I'. fee): . ..' , ..... .<::': <:''E;i 1. 0 Addressee's . Address "~; mr: PtUd- /J:1rvlJ ~oWeA..L /(;V4. Pul mati~ ~. 4b. ServicB Type. o Registered 0 Insured Cl o Certified 0 COD . . ....... c. . 'iii o Express Mai.' 0 ~e.:~;~a~~r.se.~Pt..f.o...r..... =.....1 Date of Deliv~y . '. . ;'...::.2 c;}-d - 07 's! AddrBss~e's Address (Only if requ~~~e~;- and fee IS paldl.,....j, 1-1 l *U.S. GPO: 11192--323-<102 DOMESTIC RETURN RECEIPT <:,} . .---1 .... ,",,~ U'. 4).').w a:,. .C .. ,;:1 .. CD' a:',' .' ,I 2. 0 Restricted Delivery' consuh ostmaster' for lee. Article Number 4a. Agenda Item No. 16E1 March 27, 2007 Page 1 of 83 EXECUTIVE SUMMARY Recommendation to approve the Collier County Group Health and Flexible Reimbursement Insurance Plan Documents effective January 1, 2007. OBJECTIVE: To seek approval of the Collier County Group Health and Flexible Reimbursement Insurance Plan Documents effective January 1, 2007. CONSIDERATIONS: The Board of Commissioners provides group health insurance coverage to its employees through a partially self-insured group health program. This program utilizes a Master Plan Document (the Policy or Plan Document), which governs covered benefits and exclusions. The County's third party claims administrator, Corporate Benefit Services of America, Inc., utilizes this document to adjudicate claims and reinsurers use the document to determine reinsurance pricing and reimbursement eligibility. The Plan Document was last updated in 2005. As the Plan is administered, it becomes necessary from time to time to implement minor plan amendments to clarify issues of interpretation or to make notification regarding changes in law. Authority is delegated to the Risk Management Director in the Plan Document to implement these minor changes and issue plan amendments. Since 2005, two amendments have been issued. These included a clarification of the pre-certification requirement and an update regarding mandated HIPAA requirements in the Flexible Medical Reimbursement Program. These changes are incorporated into the 2007 Plan Document now being submitted for approval. ".....6...'. In addition to the above, the 2007 Plan Document includes the following recommended changes. ..,..",,, 1) Mental Health Benefit - The wording for this benefit is primarily administrative in nature to make the benefit language consistent among the three plans offered. The economic cost of this change is negligible. Colonoscopy Preventive Benefit - Due to the average age of group (age 48), it is recommended that this coverage be modified to promote the preventive benefits of early detection by covering the procedure at 80% for those individuals who meet certain age and medical history standards. The actuary estimates that this change will cost approximately $100,000 to implement. However, it is expected that this cost will be more than offset by savings resulting from the early detection of colon cancer. Dependent Eligibility - Generally, eligible dependent children may be covered until age twenty-five if they are an enrolled college student. It is recommended that the definition of eligible dependent be changed to include each unmarried child until the end of the month they attain age twenty-five regardless of student status, provided the dependent child is not eligible for coverage under another group plan. According to the actuary, 2) 3) Agenda Item No. 16E1 March 27, 2007 Page 2 of 83 the economic cost of this change is negligible; however, the positive effect on employee retention will be enhanced by this change. 4) On-Site Clinic Benefit- Services rendered in the MedCenter on-site clinic will be subject to a $5 Co-pay. 5) The format of the document has been changed to make it easier to read. No other changes are recommended to the design of the Health Plan. No changes are recommended to the Flexible Reimbursement Plan. The attached document was prepared and reviewed by the County's group health claims administrator, CBSA, Inc. with input from the County's benefits consultant, Willis, Inc. and the Risk Management staff. Once approved by the Board of Commissioners, each employee will be provided a copy of the document. FISCAL IMPACT: There is an estimated fiscal impact of approximately $100,000 in preventive colonoscopy benefit costs associated with the approval of the proposed change. However, there will be an offsetting savings through the early detection of cancer cases. These changes will not affect budgeted health insurance rates in fiscal year 2007 or 2008 for Fund 517, Group Health and Life. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the approval of the Plan Document. RECOMMENDATION: It is recommended that the Board of Commissioners approve the Collier County Group Health and Flexible Reimbursement Plan Documents effective January 1, 2007. PREPARED BY: Alice Toppe, Group Insurance Manager Item Number: Item Summary: Meeting Dole: Agenda Item No, 16E 1 March 27, 2007 Page 3 of 83 COLLIER COUNTY BOARD OF COUNT\' COMMISSIONERS 16E1 Recommendation to approve the Collier County Group Health and Flexibie Reimbursement Insurance Plan Documents effective January 1, 2007, 3/27/20079:00,00 AM Prepared By Jeffrey A. Walker, CPCU, ARM Administrative Services Risk Management Director Date RiSk Management 319/20079:34:17 AM Approved By Jeffrey A, Walker, CPCU. ARM Administrative Services Risk Management Director Date Risk Management 3/9/20079:41 AM Date Approved By Len Golden Price Administrative Services Administrative Services Administrator Administrative Services Admin. 3113/20073:05 PM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3114120078:39 AM Date Approved By Laura Davisson County Manager's Office Management & Budget Analyst Office of Management & Budget 3114/20079:03 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 3/1612007 1: 52 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3/21/20071:11 PM COLLIER COUNTY GOVERNMENT Employee Benefit Plan Effective: Restated: January 1, 2000 January 1 , 2007 Group No.: RB785 ~PERFOR~A~ P.O. BOX 27267 MINNEAPOLIS, MN 55427-0267 Agenda Item No. 16E 1 March 27, 2007 Page 5 of 83 COlliER COUNTY GOVERNMENT EMPLOYEE BENEFIT PLAN This Plan is written, adopted and operative for the sole and exclusive purpose of providing to the Eligible Employees and their Eligible Dependents employee welfare benefits as described herein. The Plan agrees to provide the Benefits set forth in the Schedule of Benefits to all Covered Persons in accordance with the provisions and conditions of the Plan. The Plan is subject to all the conditions and provisions set forth in this document and subsequent amendments that are made a part of this Plan. It is understood by the Employer that once claim processing has begun, any claims needing to be reprocessed as a result of changes or corrections to this document may result in a reprocessing fee. Collier County Government has caused this RESTATED Plan to take effect as of 12:01 a.m., local time on January 1,2007 at Naples, Florida. Authorized Signature Date Title Witness Date Title Agenda Item No. 16E1 TABLE OF CONTENTS March 27, 2007 Page 6 of 83 GEN ERAL PLAN INFORMATION..... ............................ ........... ........ .......... .... ................ ................ ........... ............ ...... 1 SCHEDULE OF BENEFITS HIGH/LOW OPTION .......................................................................................................2 PRESCRIPTION DRUG CARD BENEFITS HIGH/LOW OPTION.............................................................................. 6 SCH EDULE OF BEN EFITS SELECT OPTION .................. .......................................... ............ ....... .......... .................. 7 PRESCRIPTION DRUG CARD BENEFITS SELECT OPTION ................................................................................. 11 ELIGIBILITY, ENROLLMENT & EFFECTIVE DATE OF COVERAGE .....................................................................12 ELIGIBLE EXPENS ES ................ ................................... ................ .......... ............................ ...................... ......... ....... 15 SMARTCHOICE PROGRAM ..................................... ...................................... ............ ........ ............ ........... ............... 23 DIABETES SUPPLY AND EDUCATION PROGRAM ............................................................................................... 23 MEDICAL EXPENSE AUDIT BONUS............. ................ ..................... .................................... ......... .., .............. ....... 23 ALTERNATIVE BEN EFITS................ .... .................................................................................... ................ ................ 24 PRE-EXISTING CONDITION LI MIT A TION..................... .... ..... ..... .............................................. ........................... .... 25 NOTIFICATION PROViSiON............... .... .................................. .......................................... .... ..... ............................. 26 EXCLUSIONS AN D LIMITATIONS.. ................................... .... ........... .............................................. ....................... ... 28 DEFINITIONS ... .............................. .... .... .... ... ................ .... ............................................. ................................... ......... 33 TERMINATION OF BENEF ITS ..................................... .... ........... ................................... ........................................... 39 CONTINUATION OF BENEFITS (COBRA) ......... ...................................................................................................... 41 COORD I NATION OF BENEFITS....................... .............................................................. ...................... .... ................ 45 EFFECT OF MEDiCARE...................................... ........................ .... ......... ........................... ...................................... 47 SUBROGATION............. ...... ......... ............ .............................................. .......................... ........... .................... .......... 48 REIM BURSEMENT RIGHTS................... ................................................ ............... ...................................... ............. 49 RIGHTS OF RECOVERy........................... .......................................................... ............ .......................................... 49 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION ..................................................................... 49 NOTICE TO PLAN PARTICIPANTS ......................... ................................................................................................. 50 GENERAL PROViSiONS.................................... ............................................................................................. .......... 51 INSTRUCTIONS FOR SUBMISSION OF CLAIMS ...................................................................................................55 USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION.................................................................... 57 Name of Plan: Type of Plan: Plan Number: Plan Administrator: Group Number: Employer Tax ID Number: Plan Effective Date: Plan Restated Date: Plan Renewal Date: Plan Year Ends: Agent for Legal Service: (Process may be serviced upon the Plan Administrator) Contract Administrator: Named Fiduciary: Effective Date of Coverage: Termination Date of Coverage: RB785 - Restated 1/1/07 GENERAL PLAN INFORMATION Agenda Item No. 16E1 March 27, 2007 Page 7 of 83 Collier County Government Employee Benefit Plan Self-funded welfare plan providing medical and prescription drug coverage. 501 Jeff Walker, Director Risk Management Collier County Government 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8461 RB785 59-6000558 January 1, 2000 January 1, 2007 January 1 December 31 Collier County Government 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8461 CBSA PERFORMAX P.O. Box 27267 Minneapolis, MN 55427-0267 (952) 546-0062 (800) 925-2272 Collier County Government 3301 East Tamiami Trail Naples, FL 34112 See Eligibility, Enrollment & Effective Date of Coverage section. The last day of the month in which the employee terminated. 1 Agenda Item No. 16E1 March 27, 2007 IMPORTANT: This Plan contains a notification provision which requires that CHP must be notified irPag~cB1oellif Inpatient Hospital admissions and certain outpatient procedures/services. See the Notification Provision section of the Plan for details. If these procedures are not followed, eligible expenses will be reduced by $300 per incident. SCHEDULE OF BENEFITS HIGH/LOW OPTION PPO PROVIDERS NON-PPO PROVIDERS (Subject to Usual & Customary Charqes) OVERALL LIFETIME MAXIMUM BENEFIT $2,000,000 CALENDAR YEAR DEDUCTIBLE Hiah Option Individual $300 Family 3 individual Deductibles Low Option Individual $500 Family 3 individual Deductibles CALENDAR YEAR OUT-OF-POCKET LIMIT (does not include Deductibles) Hiah Option Individual $1 ,500 Family 2 individuals Low Option Individual $2,000 Family 2 individuals The Deductibles, Out-of-Pocket Limits, and all maximum amounts (Calendar Year or Lifetime) are combined for both PPO Providers and Non-PPO Providers. Expenses incurred for the following cannot be applied toward the Out-of-Pocket Limit: (1) Co-pays; (2) Deductibles; (3) any penalty amounts; (4) any charges as defined in the Exclusions and Limitations section; (5) a Covered Person's Co- insurance for: treatment of Mental/Nervous Disorders; treatment of Chemical Dependency; Chiropractic Care; Acupuncture; or Dental Care expenses due to Illness, The Plan does have a Pre-Existing Condition Limitation. Please refer to the Pre-Existing Condition Limitation section for further details reQardinQ coveraQe limitations and provisions for Creditable Coveraqe. MEDICAL BENEFITS Acupuncture 80% after Deductible 80% after Deductible Calendar Year Maximum Benefit $1,000 Ambulance Services 80% after Deductible 80% after Deductible Chemical Dependency Treatment Inpatient* 80% after Deductible 80% after Deductible Outpatient $25 Co-pay, then 100%; 80% after Deductible Deductible waived Calendar Year Maximum Benefit 20 visits Inpatient and Outpatient Combined Lifetime $15,000 Maximum Benefit * Discontinuance of an Inpatient treatment program by the Covered Person prior to completion of the program will result in no Inpatient benefits being paid under the Plan. NOTE: A Partial Hospitalization (minimum 6 hours to a maximum of 12 hours) will be considered as Inpatient benefits. Chiropractic Care/Spinal Manipulation/ 80% after Deductible 80% after Deductible Massage Therapy Maximum Benefit Payable per Visit $45 Combined Calendar Year Maximum Benefit $1,500 PPO PROVIDERS NON-PPO PROVIDERS RB785 - Restated 1/1/07 2 (Subject to eatgalfBof 83 Customary CharQes) Colonoscopies (see Eligible Expenses) 80%; Deductible waived 80%; Deductible waived Dental Care (due to Illness - see Eligible Expenses) First $2,000 per Covered Person per Calendar Year 0%; Not Covered 0%; Not Covered Over $2,000 per Covered Person per Calendar Year 80%; Deductible waived 80%; Deductible waived Calendar Year Maximum Benefit $5.000 Diabetic Education Classes 100% of the first $400 per 80% after Deductible Calendar Year, then 80%; Deductible waived Durable Medical Equipment 80% after Deductible 80% after Deductible Emergency Room Services $75 Co-pay per visit, then $150 Co-pay per visit, then Deductible, then 80% Deductible, then 80% NOTE: The Emergency Room Co-pay will be waived if the person is admitted directly as an Inpatient to the Hospital. Hearing Aids (due to Accident or Illness only) 80% after Deductible I 80% after Deductible Lifetime Maximum Benefit $2,000 Home Health Care 80% after Deductible 80% after Deductible Calendar Year Maximum Benefit 100 visits NOTE: If home health care is in lieu of hospitalization the maximum benefit will not apply. Hospice Care Inpatient 80% after Deductible 80% after Deductible Home Hospice Care 80% after Deductible 80% after Deductible Lifetime Maximum Benefit $5,000 Hospital Expenses or Long- Term Acute Care Facility/Hospital (facility charges) Inpatient 80% after Deductible 80% after Deductible Room & Board Allowance Semi-private room rate** Semi-private room rate** Intensive Care Unit 80% of actual charge after 80% of actual charge after Deductible Deductible Miscellaneous Services & Supplies 80% after Deductible 80% after Deductible Outoatient 80% after Deductible 80% after Deductible ** A private room will be considered eligible when Medically Necessary. Charges made by a Hospital having only single or private rooms will be considered at the least ex~ ensive rate for a single or private room. Mental/Nervous Disorders Inpatient 80% after Deductible 80% after Deductible Outpatient $25 Co-pay, then 100%; 80% after Deductible Deductible waived Calendar Year Maximum Benefit 20 visits NOTE: A Partial Hospitalization (minimum 6 hours to a maximum of 12 hours) will be considered as Inpatient benefits. On-Site Clinic Services $5 Co-pay, then 100%; N/A Deductible waived The on-site clinic services are available to all eligible employees covered under the Collier County Government Employee Benefit Plan. All services performed in the clinic are covered under the $5 Co-pay. A referral from the clinic to a network provider will be processed as a network claim throuqh CBSA PERFORMAX. Agenda Item No. 16E1 March 27 2007 RB785 - Restated 1/1/07 3 PPO PROVIDERS NON-PPO PROVIDERS 1 (Subject to Usual & Customary Charqes) I Outpatient Therapies $25 Co-pay, then 100% of the 80% after Deductible (Le. physical, speech, occupational) first $300 per visit (Deductible waived), then Deductible, then 80% Calendar Year Maximum Benefit 60 visits each therapy NOTE: Outpatient therapy visits over twelve (12 ) per therapy per Calendar Year must be pre-certified with CHP. Physician's Services Inpatient/Outpatient Services 80% after Deductible 80% after Deductible Primary Care Physician Office Visits $15 Co-pay, then 100% of the 80% after Deductible first $300 per visit (Deductible waived), then Deductible, then 80% Specialist Office Visits $25 Co-pay, then 100% of the 80% after Deductible first $300 per visit (Deductible waived), then Deductible, then 80% Routine Care (age 16 and over - See 100%; Deductible waived 100%; Deductible waived Eligible Expenses) Maximum Benefit One annual exam up to $350 per Calendar Year Routine Mammograms (see Eligible 100%; Deductible waived 100%; Deductible waived Expenses for aqe limitations) Scalp Hair Prosthesis (wigs/hair pieces) 80% after Deductible 80% after Deductible Lifetime Maximum Benefit One wig or hair piece Skilled Nursing Facility and Rehabilitation Facility ! 80% after Deductible 80% after Deductible Combined Calendar Year Maximum Benefit 90 days Transportation of Newborn 80% after Deductible 80% after Deductible Maximum Benefit per Trip $1,000 UrQent Care Facilitv 80% after Deductible 80% after Deductible Well Child Care (up to aqe 16) 80%; Deductible waived 80%; Deductible waived All Other Eliaible Expenses 80% after Deductible 80% after Deductible Agenda Item No. 16E1 March 27, 2007 Page 10 of 83 RB785 - Restated 1/1/07 4 BENEFIT PROVISIONS Agenda Item No. 16E 1 March 27,2007 Page 11 of 83 A separate listing may be obtained from the Plan Administrator showing the providers available within the Preferred Provider Network at no cost to the Covered Person. PPO Providers are not subject to Usual and Customary Charges. Non-PPO Physician's seNices are subject to Usual and Customary Charges and any charges in excess of Usual and Customary will not be considered eligible for payment. Expenses which are incurred due to a Medical Emergency by a Non-PPO Provider will be paid at the PPO Provider level of benefits. This includes expenses incurred outside an individual's state of residence. Emergency room professional seNices and any anesthesia seNices which are provided by a Non-PPO Provider but rendered at a PPO facility will be paid at the PPO Provider level of benefits. If the provider rendering seNice is located in Collier County and is not part of the CHP network but is part of the South care network, benefits will be paid at the Non-PPO Provider level of benefits. If the provider rendering seNice is located outside of Collier County and is not part of the CHP network but is part of the Southcare network, benefits will be paid at the PPO Provider level of benefits. Subject to Contract Administrator prior approval, professional seNices which are not available within the PPO Network will be paid at the PPO Provider level of benefits, Expenses for obtaining medical records will be paid in full to a maximum benefit of $100 per provider. The local Community Health Partners network established via the Messenger Model letter dated June 2000 will be used to establish participating vs. non-participating benefits for claims with dates of seNice on or after August 2, 2001. Any and all Collier County providers who do not participate in the local CHP network established via the Messenger Model letter dated June 2000 for this program will be reimbursed the contracted fee for seNice amount(s) negotiated or the fee schedule as established in the Messenger Model letter. The participant will be responsible for any applicable out-of- pocket expenses and differences between the billed and allowed which exceed the local contracted amount. PHCS will be used as the national overlay network for any non-Collier County seNices provided. If a provider did not accept the new fee schedule for Collier County Government through the local PPO network, CHP, then those provider's claims will be paid as out-of-network at the new CHP fee scheduled rate. Claims receiving a discount for Southcare providers outside of Collier County will be considered as in-network. If a PPO Physician or PPO facility refers x-ray and laboratory seNices to a Non-PPO Provider, those seNices will be paid at the PPO Provider level of benefits. Professional seNices that are provided by a Non-PPO Provider but rendered at a PPO facility will be paid at the PPO Provider level of benefits. RB785 - Restated 1/1/07 5 PRESCRIPTION DRUG CARD BENEFITS HIGH/LOW OPTION Agenda Item No. 16E1 arc , Page 12 of 83 20% Co-pay of the cost of the drug 20% Co-pay of the cost of the drug 40% Co- a of the cost of the dru s are limited to a maximum of $450 er individual and $900 er famil er Calendar Year. IMPORTANT: If a generic drug is available, and a Covered Person or Physician requests the brand name equivalent, then, in addition to the applicable Preferred or Non-Preferred Drug Co-pay, the Covered Person must pay the difference between the cost of the generic drug and brand name drug. This difference in cost will not apply to the maximum Calendar Year Co- pay limit PRESCRIPTION DRUG CARD PROGRAM Eligible drugs and medicines prescribed in writing by a Physician and dispensed by a licensed pharmacist, up to a thirty (30) day supply or one hundred (100) unit dose, whichever is greater (90 day supply for mail order), which are deemed necessary for treatment of an Illness or Injury, including, but not limited to: insulin; hypodermic needles or syringes, but only when dispensed upon a written prescription of a licensed Physician. Early fills on prescriptions are subject to a Physician authorization and require an override by the Plan Administrator, Expenses for eligible injectables that are not covered under the Prescription Drug Card Program and are Medically Necessary for the treatment of a covered Illness or Injury will be payable under this Plan subject to any applicable major medical PPO Deductibles and Co-insurance. NOTE: Coverage, limitations, and exclusions for Prescription Drugs will be determined through the Prescription Drug Card Program elected by the Employer and will not be subject to any limitations and exclusions under the major medical plan. The Prescription Drug Card Program is a separate benefit from the major medical plan. However, Prescription Drugs are subject to the Overall Lifetime Maximum Benefit shown in the Schedule of Benefits. GENERIC DRUG: A Prescription Drug, which has the equivalency of the Brand Name Drug with the same use and metabolic disintegration. This Plan will consider as a Generic Drug any Food and Drug Administration approved generic pharmaceutical dispensed according to the professional standards of a licensed pharmacist and clearly designated by the pharmacist as being generic. NON-PREFERRED DRUG: Any brand name drugs that do not appear on the list of Preferred Drugs. PREFERRED DRUG: A list of brand name drugs that has been developed by a Pharmacy and Therapeutics Committee comprised of Physicians, Pharmacists and other health care professionals. The Prescription Drug card service will have a list of Preferred Drugs available. PRESCRIPTION DRUG: Any of the following: (a) a Food and Drug Administration-approved drug or medicine, which, under federal law, is required to bear the legend, "Caution: federal law prohibits dispensing without prescription"; (b) injectable insulin; or (c) hypodermic needles or syringes, but only when dispensed upon a written prescription of a licensed Physician. Such drug must be Medically Necessary in the treatment of an Illness or Injury. RB785 - Restated 1/1/07 6 Agenda Item No. 16E1 IMPORTANT: This Plan contains a notification provision which requires that CHP must be notified in adMw~ot1n~OOent Hospital admissions and certain outpatient procedures/services. See the Notification Provision sectiorf5~th~~~Nror details. If these procedures are not followed, eligible expenses will be reduced by $300 per incident. SCHEDULE OF BENEFITS SELECT OPTION PPO PROVIDERS NON-PPO PROVIDERS (Subject to Usual & Customary Charges) OVERALL LIFETIME MAXIMUM BENEFIT $2,000,000 CALENDAR YEAR DEDUCTIBLE Individual $300 $600 Family $900 $1 ,200 CALENDAR YEAR OUT-OF-POCKET LIMIT (does not include Deductibles) Individual $1,500 $3,000 Family $3,000 $6,000 The Deductibles, Out-of-Pocket Limits, and all maximum amounts (Calendar Year or Lifetime) are combined for both PPO Providers and Non-PPO Providers. Expenses incurred for the following cannot be applied toward the Out-of-Pocket Limit: (1) Co-pays; (2) Deductibles: (3) any penalty amounts; (4) any charges as defined in the Exclusions and Limitations section; (5) a Covered Person's Co- insurance for: treatment of Mental/Nervous Disorders; treatment of Chemical Dependency; Chiropractic Care; Acupuncture; or Dental Care expenses due to Illness. The Plan does have a Pre-Existing Condition Limitation. Please refer to the Pre-Existing Condition Limitation section for further details reQarding coverage limitations and provisions for Creditable CoveraQe. MEDICALBENEFJTS . I Acupuncture 80% after Deductible 60% after Deductible Calendar Year Maximum Benefit $1,000 Ambulance Services 80% after Deductible 60% after Deductible Chemical Dependency Treatment Inpatient* 80% after Deductible 60% after Deductible Outpatient $25 Co-pay, then 100%; 60% after Deductible Deductible waived Calendar Year Maximum Benefit 20 visits Inpatient and Outpatient Combined Lifetime $15,000 Maximum Benefit * Discontinuance of an Inpatient treatment program by the Covered Person prior to completion of the program will result in no Inpatient benefits being paid under the Plan. NOTE: A Partial Hospitalization (minimum 6 hours to a maximum of 12 hours) will be considered as Inpatient benefits. Chiropractic Care/Spinal Manipulation/ $10Co-pay, then 100%; No Coverage Massage Therapy Deductible waived Combined Calendar Year Maximum Benefit 20 visits Colon os copies (see Eligible Expenses) 80%; Deductible waived 60%; Deductible waived Dental Care (due to Illness - see Eligible Expenses) First $2,000 per Covered Person per Calendar Year 0%; Not Covered 0%; Not Covered Over $2,000 per Covered Person per Calendar Year 80%; Deductible waived 80%; Deductible waived Calendar Year Maximum Benefit $5,000 RB785 - Restated 1/1/07 7 Agenda Item No. 16E 1 March 27, 2007 PPO PROVIDERS NON-PPO P 00 (Subject to Usual & Customary Charqes) Diabetic Education Classes 100% of the first $400 per No Coverage Calendar Year, then 80%; Deductible waived Durable Medical Eauipment 80% after Deductible 60% after Deductible Emergency Room Services $50 Co-pay per visit, then $100 Co-pay per visit, then Deductible, then 80% Deductible, then 60% NOTE: The Emerqency Room Co-pay will be waived if the person is admitted directly as an Inpatient to the Hospital. Hearing Aids (due to Accident or Illness only) 80% after Deductible 60% after Deductible Lifetime Maximum Benefit $2,000 Home Health Care 80% after Deductible 60% after Deductible Hospice Care Inpatient 80% after Deductible 60% after Deductible Home Hosnice Care 80% after Deductible 60% after Deductible Hospital Expenses or Long- Term Acute Care Facility/Hospital (facility charges) Inpatient 80% after Deductible 60% after Deductible Room & Board Allowance Semi-private room rate** Semi-private room rate** Intensive Care Unit 80% of actual charge after 60% of actual charge after Deductible Deductible Miscellaneous Services & Supplies 80% after Deductible 60% after Deductible Outnatient 80% after Deductible 60% after Deductible ** A private room will be considered eligible when Medically Necessary, Charges made by a Hospital having only single or private rooms will be considered at the least ex~ ensive rate for a sinqle or private room. Mental/Nervous Disorders Inpatient 80% after Deductible 60% after Deductible Outpatient $25 Co-pay, then 100%; 60% after Deductible Deductible waived Calendar Year Maximum Benefit 20 visits NOTE: A Partial Hospitalization (minimum 6 hours to a maximum of 12 hours) will be considered as Inpatient benefits, On-Site Clinic Services $5 Co-pay, then 100%; N/A Deductible waived The on-site clinic services are available to all eligible employees covered under the Collier County Government Employee Benefit Plan. All services performed in the clinic are covered under the $5 Co-pay. A referral from the clinic to a network provider will be processed as a network claim throuqh CBSA PERFORMAX. Outpatient Therapies $20 Co-pay, then 100% of the 60% after Deductible (Le. physical, speech, occupational) first $300 per visit (Deductible waived), then Deductible, then 80% Calendar Year Maximum Benefit 60 visits each therapy NOTE: Outpatient therapy visits over twelve (12 per therapy per Calendar Year must be pre-certified with CHP. RB785 - Restated 1/1/07 8 .... , ~- PPO PROVIDERS NON-PPO P UJ (Subject to Usual & Customary Charges) Physician's Services Inpatient/Outpatient Services 80% after Deductible 60% after Deductible Primary Care Phvsician Office Visits $10 Co-pay, then 100% of the 60% after Deductible first $300 per visit (Deductible waived), then Deductible, then 80% Specialist Office Visits $20 Co-pay, then 100% of the 60% after Deductible first $300 per visit (Deductible waived), then Deductible, then 80% Routine Care (age 16 and over - See 100% of the first $350* per No Coverage Eligible Expenses) Calendar Year (Deductible waived), then Deductible, then 80% Routine Mammograms (see Eligible 100%; Deductible waived No Coverage Expenses for aQe limitations) Scalp Hair Prosthesis (wigs/hair pieces) 80% after Deductible 60% after Deductible Lifetime Maximum Benefit One wig or hair piece Skilled Nursing Facility and Rehabilitation Facilitv 80% after Deductible 60% after Deductible Transportation of Newborn 80% after Deductible 60% after Deductible Maximum Benefit per Trip $1 ,000 Uraent Care Facilitv 80% after Deductible 60% after Deductible Well Child Care (up to age 16) 100% of the first $350* per No Coverage Calendar Year (Deductible * increased to $500 for a child under age 1 waived), then Deductible, then 80% All Other Eliaible Expenses 80% after Deductible 60% after Deductible Agenda Item No. 16E 1 March 27,2007 RB785 - Restated 1/1/07 9 Agenda Item No. 16E 1 BENEFIT PROVISIONS March 27, 2007 Page 16 of 83 A separate listing may be obtained from the Plan Administrator showing the providers available within the Preferred Provider Network at no cost to the Covered Person. PPO Providers are not subject to Usual and Customary Charges. Non-PPO Physician's services are subject to Usual and Customary Charges and any charges in excess of Usual and Customary will not be considered eligible for payment. Expenses which are incurred due to a Medical Emergency by a Non-PPO Provider will be paid at the PPO Provider level of benefits. This includes expenses incurred outside an individual's state of residence, Emergency room professional services and any anesthesia services which are provided by a Non-PPO Provider but rendered at a PPO facility will be paid at the PPO Provider level of benefits. If the provider rendering service is located in Collier County and is not part of the CHP network but is part of the Southcare network, benefits will be paid at the Non-PPO Provider level of benefits. If the provider rendering service is located outside of Collier County and is not part of the CHP network but is part of the South care network, benefits will be paid at the PPO Provider level of benefits. Subject to Contract Administrator prior approval, professional services which are not available within the PPO Network will be paid at the PPO Provider level of benefits. Expenses for obtaining medical records will be paid in full to a maximum benefit of $100 per provider. The local Community Health Partners network established via the Messenger Model letter dated June 2000 will be used to establish participating vs. non-participating benefits for claims with dates of service on or after August 2, 2001. Any and all Collier County providers who do not participate in the local CHP network established via the Messenger Model letter dated June 2000 for this program will be reimbursed the contracted fee for service amount(s) negotiated or the fee schedule as established in the Messenger Model letter. The participant will be responsible for any applicable out-of-pocket expenses and differences between the billed and allowed which exceed the local contracted amount. PHCS will be used as the national overlay network for any non-Collier County services provided. If a provider did not accept the new fee schedule for Collier County Government through the local PPO network, CHP, then those provider's claims will be paid as out-of-network at the new CHP fee scheduled rate. Claims receiving a discount for Southcare providers outside of Collier County will be considered as in-network, If a PPO Physician or PPO facility refers x-ray and laboratory services to a Non-PPO Provider, those services will be paid at the PPO Provider level of benefits. Professional services that are provided by a Non-PPO Provider but rendered at a PPO facility will be paid at the PPO Provider level of benefits. RB785 - Restated 1/1/07 10 Agenda Item No. 16E1 March 27, 2007 PRESCRIPTION DRUG CARD BENEFITS SELECT OPTION Retail: Generic Drugs Preferred Drugs Non-Preferred Dru s NOTE: Em 10 ee Co- a s are limited to a maximum of $450 20% Co-pay of the cost of the drug 20% Co-pay of the cost of the drug 40% Co- a of the cost of the dru er individual and $900 er famil er Calendar Year. IMPORTANT: If a generic drug is available, and a Covered Person or Physician requests the brand name equivalent, then, in addition to the applicable Preferred or Non-Preferred Drug Co-pay, the Covered Person must pay the difference between the cost of the generic drug and brand name drug. This difference in cost will not apply to the maximum Calendar Year Co- pay limit. PRESCRIPTION DRUG CARD PROGRAM Eligible drugs and medicines prescribed in writing by a Physician and dispensed by a licensed pharmacist, up to a thirty (30) day supply or one hundred (100) unit dose, whichever is greater (90 day supply for mail order), which are deemed necessary for treatment of an Illness or Injury, including, but not limited to: insulin; hypodermic needles or syringes, but only when dispensed upon a written prescription of a licensed Physician. Early fills on prescriptions are subject to a Physician authorization and require an override by the Plan Administrator. Expenses for eligible injectables that are not covered under the Prescription Drug Card Program and are Medically Necessary for the treatment of a covered Illness or Injury will be payable under this Plan subject to any applicable major medical PPO Deductibles and Co-insurance, NOTE: Coverage, limitations, and exclusions for Prescription Drugs will be determined through the Prescription Drug Card Program elected by the Employer and will not be subject to any limitations and exclusions under the major medical plan. The Prescription Drug Card Program is a separate benefit from the major medical plan. However, Prescription Drugs are subject to the Overall Lifetime Maximum Benefit shown in the Schedule of Benefits. GENERIC DRUG: A Prescription Drug, which has the equivalency of the Brand Name Drug with the same use and metabolic disintegration. This Plan will consider as a Generic Drug any Food and Drug Administration approved generic pharmaceutical dispensed according to the professional standards of a licensed pharmacist and clearly designated by the pharmacist as being generic. NON-PREFERRED DRUG: Any brand name drugs that do not appear on the list of Preferred Drugs. PREFERRED DRUG: A list of brand name drugs that has been developed by a Pharmacy and Therapeutics Committee comprised of Physicians, Pharmacists and other health care professionals. The Prescription Drug card service will have a list of Preferred Drugs available. PRESCRIPTION DRUG: Any of the following: (a) a Food and Drug Administration-approved drug or medicine, which, under federal law, is required to bear the legend, "Caution: federal law prohibits dispensing without prescription"; (b) injectable insulin; or (c) hypodermic needles or syringes, but only when dispensed upon a written prescription of a licensed Physician. Such drug must be Medically Necessary in the treatment of an Illness or Injury. RB78S - Restated 1/1/07 11 ELIGIBILITY, ENROLLMENT & EFFECTIVE DATE OF COVERAGE Agenda Item No. 16E 1 March 27, 2007 Page 18 of 83 A - ELIGIBLE EMPLOYEES An employee is eligible to participate in this Plan if they are a regular, full-time or part-time employee of Collier County Government and are regularly scheduled to work a minimum of twenty (20) hours per week. An employee is also eligible to participate in this Plan if they are a qualifying retiree of Collier County Government Qualifying retirees must meet the requirement of Florida Statute 112,0801. Eligibility for Medicaid or the recipient of Medicaid benefits will not be taken into account in determining eligibility. Other employees such as temporary or seasonal will not be eligible to enroll for coverage under this Plan, If you are a qualifying retiree when enrollment requirements are met, your coverage begins on the first day of the month following your retirement. An employee's Eligibility Date will be as follows: if you are a full-time or regular part-time employee and your hire date is the first of the month, your coverage begins on that day. If your hire date is after the first of the month, your coverage begins on the first day of the following month. B - ELIGIBLE DEPENDENTS Eligible Dependents will be a Covered Employee's legally married spouse and each unmarried child until the end of the month they attain age twenty-five (25), provided such dependent is not eligible for coverage under another group. The term "married" means only a legal union between one man and one woman as husband and wife, and the term "spouse" refers only to a person of the opposite sex who is a husband or wife. The term "child", as used herein, shall be defined as: (a) a natural born child; (b) a stepchild; (c) a foster child; (d) an adopted child (from the date of placement with the employee for the purpose of legal adoption); (e) a child for whom the employee is the legal guardian; (f) a grandchild from birth up to eighteen (18) months of age if the mother or father of the newborn is an Eligible Dependent; (g) any child who resides with the employee in a normal parent-child relationship; or (h) a child for whom the employee is required to provide health coverage due to a Qualified Medical Child Support Order (QMCSO). Procedures for determining a Qualified Medical Child Support Order (QMCSO) may be obtained from the Contract Administrator at no cost Where both the employee and spouse are employed by the Employer, each will elect single (employee only) coverage if there are no eligible dependent children. An employee shall not elect single coverage while the spouse elects dependent coverage if there are eligible dependent children, One of the employees shall choose to elect dependent coverage which would cover the spouse, who is also employed by the Employer, and all eligible dependent children. The Plan Administrator shall have the right to require documentation necessary, in its sole discretion, to establish an individual's status as an Eligible Dependent Mentally or Physically Handicapped Child: If an unmarried dependent child, at the end of the month they attain age twenty-five (25), is incapable of self-sustaining employment by reason of mental retardation or physical disability and is chiefly dependent upon the Employee for support and maintenance, then such child will continue to be an Eligible Dependent. C - PLAN ENROLLMENT (TIMELY, SPECIAL AND LATE ENROLLMENT) Timely Enrollment: An Eligible Employee who elects to participate in the Plan must complete, sign, and return the provided "enrollment form" to the Employer within thirty-one (31) days of the Eligibility Date, Failure to enroll within this time limit will be deemed waiver of participation and the employee or dependents will be considered Late Enrollees or Special Enrollees, An Eligible Dependent is able to participate in the Plan when the Covered Employee completes. signs and returns an enrollment form indicating dependent coverage to the Employer, The employee must enroll the dependent(s) within thirty- one (31) days of whichever of the following occurs first: 1. The employee's Eligibility Date if the employee has any Eligible Dependents at that time; or 2. The date the employee acquires an Eligible Dependent. RB785 - Restated 1/1/07 12 Agenda Item No. 16E1 The Pre-Existing Condition Limitation and Creditable Coverage provisions will apply. March 27,2007 Page 19 of 83 Children covered by Qualified Medical Child Support Orders (QMCSO) may be enrolled in this Plan if the employee would otherwise be eligible for coverage, regardless of whether the employee is currently enrolled. The Plan must enroll the child(ren) and the employee covered by the notice without any enrollment restrictions (Le. they will not be considered Late Enrollees). If dependent coverage is already in force, the employee does not have to enroll additional dependent children acquired after dependent coverage is in force. If dependent coverage is not already in force, newborn children and adopted children will be covered on the date of birth or adoption (or placement for adoption) if enrolled within thirty-one (31) days of the birth, adoption or placement for adoption. Special Enrollment: If an employee is declining enrollment for single or family coverage because of other health coverage under a Qualified Health Plan, the employee may in the future be able to enroll for single or family coverage, provided the request for enrollment is received within thirty-one (31) days after coverage under the Qualified Health Plan terminates due to one or more of the following: 1. Loss of eligibility, which includes, but is not limited to: (a) Legal separation, divorce, cessation of dependent status (such as attaining the maximum age to be considered an Eligible Dependent under the plan), death of an employee, termination of employment, reduction in the number of hours of employment; (b) Coverage is offered through an HMO or other arrangement, in the individual market that does not provide benefits to individuals who no longer reside, live or work in a service area (whether or not within the choice of the individual); (c) Coverage is offered through an HMO or other arrangement, in the group market that does not provide benefits to individuals who no longer reside, live or work in a service area (whether or not within the choice of the individual), and no other benefit package is available to the individual; (d) When a Covered Person incurs a claim that would meet or exceed a lifetime limit on all benefits (this right continues until at least 31 days after the earliest date that a claim is denied due to the operation of the lifetime limit); (e) When a plan no longer offers any benefits to a class of similarly situated individuals, i.e. terminated coverage for part-time employees, etc. 2. Termination of employer contributions toward the cost of coverage; or 3. COBRA continuation coverage is exhausted. If an employee has a new dependent as a result of marriage, birth, adoption, or placement for adoption, the employee may be able to enroll for coverage, provided the employee requests enrollment within thirty-one (31) days after the marriage, birth, adoption or placement for adoption of a new dependent child. A written waiver of coverage stating the existence of coverage under another Qualified Health Plan must have been completed by the employee in order for the employee to be considered a Special Enrollee at a later date. The Pre-Existing Condition Limitation and Creditable Coverage provisions will apply. Late Enrollment/Open Enrollment: A Late Enrollee may enroll for single or family coverage under the Plan any time during the year; however, coverage will not become effective until the following January 1st The waiting period will be waived; however, the eighteen (18) month Pre-Existing Condition Limitation will apply. Also during this Open Enrollment, Covered Employees and their covered dependents will be able to a make a change in coverage under this Plan, Plan choices made during Open Enrollment will become effective January 1 st and remain in effect until the next January 1st, unless there is a special enrollment period. A Covered Employee who fails to make an election during Open Enrollment will automatically retain their present coverage. RB785 - Restated 1/1/07 13 Agenda Item No. 16E 1 D - RETURN TO WORK _ USERRA March 27, 2007 Page 20 of 83 Employees who are covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA) will be eligible for coverage on the date they return to work, provided the employee returns to work with the Employer within the specified time period in the Uniformed Services Employment and Reemployment Rights Act (USERRA). Coverage for a reservist will be on the same basis it is for active employees and dependents, Eligibility waiting periods and the Pre-Existing Condition Limitation will be imposed only to the extent they were applicable prior to the period of uniformed services. See the Termination of Benefits section for more information regarding USERRA. F - EFFECTIVE DATE OF COVERAGE Timely Enrollees: 1. Employees: The employee's Eligibility Date if the employee enrolls within thirty-one (31) days thereafter. 2. Dependents: The employee's effective date of coverage. Special Enrollees: 1. The day following the date the employee or dependent's coverage terminated due to loss of eligibility under a Qualified Health Plan. provided enrollment is received within thirty-one (31) days of losing coverage. 2. The day following the date the employee or dependent's coverage terminated due to termination of employer contributions toward the cost of coverage, provided enrollment is received within thirty-one (31) days of losing coverage. 3. The date of marriage. provided the new dependent(s) is enrolled within thirty-one (31) days of the marriage and dependent coverage is already in force; or the first of the following month if changing from single to dependent coverage. 4. The date of birth or adoption (or placement for adoption) of a new dependent, provided the employee enrolls for single or family coverage within thirty-one (31) days of the birth, adoption or placement for adoption. 5. The day following the date in which COBRA coverage is exhausted if the employee or dependent had elected COBRA coverage under a Qualified Health Plan, provided enrollment is received within thirty-one (31) days of exhausting benefits. Late Enrollees: 1. January 1 st following the date the Late Enrollee enrolls, The Pre-Existing Condition Limitation and Creditable Coverage provisions will apply. RB785 - Restated 1/1/07 14 Agenda Item No. 16E 1 ELIGIBLE EXPENSES March 27, 2007 Page 21 of 83 Eligible expenses shall be the charges actually made to the Covered Person and, unless otherwise shown, will be considered eligible only if the expenses are: 1. Due to Illness or Injury (except as specified); 2. Ordered or performed by a Physician; 3. Medically Necessary; 4. Usual and Customary Charges; and 5. Not otherwise excluded under the Plan. Reimbursement for eligible expenses will be made directly to the provider of the seNice, unless a receipt showing payment is submitted. All eligible expenses incurred at a Preferred Provider will be reimbursed to the provider. 1. ACUPUNCTURE: Acupuncture performed by a licensed provided will be payable as shown in the Schedule of Benefits. 2. ALLERGY SERVICES: Allergy testing, treatment and serum. Allergy injections will be payable under the Physician office visit benefit. 3. AMBULANCE SERVICE: Commercial ground or air ambulance seNice will be payable as shown in the Schedule of Benefits to transport the patient: (a) To the nearest Hospital equipped to treat the specific Illness or Injury in an emergency situation; or (b) To another Hospital in the area when the first Hospital did not have seNices required and/or facilities to treat the patient; or (c) To and from a Hospital during a period of Hospital confinement to another facility for special seNices which are not available at the first Hospital; or (d) From the Hospital to the individual's home, or to a convalescent facility when there is documentation the patient required ambulance transportation. 4. AMBULATORY SURGICAL FACILITY: SeNices and supplies provided by an Ambulatory Surgical Facility. 5. ANESTHETICS: Anesthetics and their professional administration. 6. BLOOD AND BLOOD DERIVATIVES: Blood, blood plasma, or blood components not donated or replaced. 7. BONE DENSITY TESTING: Medically Necessary diagnosis and treatment of osteoporosis for high-risk individuals who: (a) are estrogen deficient and at clinical risk for osteoporosis, (b) have vertebral abnormalities; (c) are receiving long term glucocorticoid (steroid) therapy; (d) have primary hyperparathyroidism; or (e) have a family history of osteoporosi s, 8. CARDIAC REHABILITATION: Cardiac rehabilitation seNices which are rendered: (a) under the supeNision of a Physician; and (b) in connection with a myocardial infarction, coronary occlusion or coronary bypass surgery; and (c) initiated within twelve (12) weeks after other treatment for the medical condition ends; and (d) in a medical care facility. Expenses in connection with Phase III cardiac rehabilitation, including, but not limited to occupational therapy or work hardening programs will not be considered eligible. Phase III is defined as the general maintenance level of treatment, with no further medical improvements being made, and exercise therapy that no longer requires the supervision of medical professionals. 9. CATARACT SURGERY: Initial pair of eyeglasses, contact lenses or an intraocular lens following a Medically Necessary surgical procedure to the eye, aphakic patients, or soft lenses or sclera shells intended for use as corneal bandages. RB785 - Restated 1/1/07 15 Agenda Item No. 16E1 March 27, 2007 10. CHEMICAL DEPENDENCY: Inpatient and outpatient treatment of Chemical Dependency will be payJbW~~~tJh3in the Schedule of Benefits. Discontinuance of an Inpatient treatment program by the Covered Person prior to completion of the program will result in no Inpatient benefits being paid under the Plan. Expenses for detoxification or Chemical Dependency evaluations will not be considered eligible, unless followed by an Inpatient stay in a Hospital or a residential Chemical Dependency treatment facility or an outpatient treatment program within fourteen (14) days of the evaluation or receipt of the detoxification services. 11. CHIROPRACTIC CARE/SPINAL MANIPULATION: Skeletal adjustments, manipulation, or other treatment in connection with the correction by manual or mechanical means of structural imbalance or subluxation in the human body, including x-rays will be payable as shown in the Schedule of Benefits. 12. CIRCUMCISION: Services and supplies related to circumcision. 13. CLEFT LIp AND/OR CLEFT PALATE: Cleft lip and cleft palate treatment for a child under age eighteen (18), including medical, dental, speech therapy, audiology and nutrition services, but only if they are prescribed by the treating Physician or surgeon and the Physician or surgeon certifies that the services are Medically Necessary. 14. COLONOSCOPIES: Colonoscopies for Covered Persons age fifty (50) and over; or for a Covered Person of any age with a strong family history of colon cancer or medical symptoms will be paid as shown in the Schedule of Benefits and will not be subject to the ROUTINE CARE benefit maximum. 15. COSMETIC PROCEDURES/RECONSTRUCTIVE SURGERY: Cosmetic procedures or Reconstructive Surgery will be considered eligible only under the following circumstances: (a) for the correction of a Congenital Anomaly for a dependent child; (b) any other Medically Necessary surgery related to an Illness or Injury, 16. DENTAL CARE: Dental services and x-rays rendered by Dentist or Dental Surgeon for: (a) the treatment of a fractured jaw, or (b) accidental Injuries to sound natural teeth, Dental services will be eligible if treatment begins within ninety (90) days of the accident and will continue to be eligible until the treatment is completed. General anesthesia and hospitalization services in assuring the safe delivery of necessary dental care provided to a Covered Person of any age who (a) is determined by a licensed Dentist and the attending Physician to require necessary dental treatment in a Hospital or ambulatory surgical center because of a significantly complex dental condition or a developmental disability in which patient management has proved ineffective; or (b) has one or more medical conditions that would create significant or undue medical risk for the individual in the course of delivery of any necessary dental treatment or surgery if not rendered in a Hospital or ambulatory surgical center. Dental services due to Illness will be payable as shown in the Schedule of Benefits, subject to prior authorization by the Plan. A letter of Medical Necessity from the attending Physician and the Dentist's treatment plan must be submitted to the Contract Administrator before charges will be considered. 17. DIABETIC SUPPLIES: Diabetic supplies for the treatment of gestational, Type I or Type II diabetes. The following diabetic education and self-management programs will be payable as shown in the Schedule of Benefits: (a) all Physician prescribed medically appropriate and necessary equipment and supplies used in the management and treatment of diabetes; and (b) diabetes outpatient self-management training and education, including medical nutrition therapy that is provided by a certified, registered, or licensed health care professional working in a program consistent with the national standards of diabetes self-management education as established by the American Diabetes Association. Coverage is provided for individuals with gestational, Type I or Type II diabetes. 18. DIAGNOSTIC TESTING, X-RAY AND LABORATORY SERVICES: Diagnostic testing, x-ray, and laboratory services, including services of a professional radiologist or pathologist. Dental x-rays are not eligible expenses, except as specified under Dental Care. RB785 - Restated 1/1/07 16 19. Agenda Item No. 16E1 DURABLE MEDICAL EQUIPMENT: The rental of oxygen, wheelchairs, walkers, special Hospital becM~fBn ft7g~~d other Durable Medical Equipment will be payable as shown in the Schedule of Benefits, sUbjectf6%1l~8IiBWMg: (a) The equipment must be prescribed by a Physician and needed in the treatment of an Illness or Injury; and (b) The equipment will be provided on a rental basis, however such equipment may be purchased at the Plan's option. Any amount paid to rent the equipment will be applied towards the purchase price. In no case will the rental cost of Durable Medical Equipment exceed the purchase price of the item (oxygen equipment is not limited to the purchase price); and (c) Benefits will be limited to standard models, as determined by the Plan; and (d) The Plan will pay benefits for only ONE of the following: a manual wheelchair, motorized wheelchair or motorized scooter, unless Medical Necessary due to growth of the person or changes to the person's medical condition require a different product, as determined by the Plan; and (e) If the equipment is purchased, benefits will be payable for subsequent repairs, excluding batteries, necessary to restore the equipment to a serviceable condition. If such equipment cannot be restored to a serviceable condition, replacement will be considered eligible, subject to prior approval by the Plan. In all cases, repairs or replacement due to abuse or misuse, as determined by the Plan, are not covered; and (f) Expenses for the rental or purchase of any type of air conditioner, air purifier, or any other device or appliance will not be considered eligible. 20. EMERGENCY ROOM SERVICES: Treatment in a Hospital emergency room, including professional services will be payable as shown in the Schedule of Benefits. The Co-pay will be waived if the person is admitted directly as an Inpatient to the Hospital. 21. HEMODIALYSiS/PERITONEAL DIALYSIS: Treatment of a kidney disorder by hemodialysis or peritoneal dialysis as an Inpatient in a Hospital or other facility, or for expenses in an outpatient facility or in the Covered Person's home, including the training of one attendant to perform kidney dialysis at home. The attendant may be a family member. When home care replaced Inpatient or outpatient dialysis treatments, the Plan will pay for rental of dialysis equipment and expendable medical supplies for use in the Covered Person's home as shown under the Durable Medical Equipment benefit. 22. HOME HEALTH CARE: Services provided by a Home Health Care Agency to a Covered Person in the home will be payable as shown in the Schedule of Benefits. The following are considered eligible home health care services: (a) Home nursing care; (b) Services of a home health aide or licensed practical nurse (L.P.N.), under the supervision of a registered nurse (R. N.); (c) Physical, occupational or speech therapy if provided by the Home Health Care Agency; (d) Medical supplies, drugs and medications prescribed by a Physician; (e) Laboratory services; and (f) Nutritional counseling by a licensed dietician. For the purpose of determining the Calendar Year maximum benefits for home health care visits available to a Covered Person, each visit by a member of a Home Health Care Agency shall be considered as one home health care visit and each four (4) hours of home health aide services shall be considered as one home health care visit. In no event will the services of a Close Relative, social worker, transportation services, housekeeping services, and meals, etc. be considered an eligible expense. 23, HOSPICE CARE: Hospice care on either an Inpatient or outpatient basis for a terminally ill person rendered under a Hospice treatment plan will be payable as shown in the Schedule of Benefits. The Hospice treatment plan must certify that the person is terminally ill with a life expectancy of six (6) months or less. Covered services include: (a) Room and board charges by the Hospice; (b) Other Medically Necessary services and supplies; (c) Nursing care by or under the supervision of a registered nurse (R.N.); (d) Home health care services furnished in the patient's home by a Home Health Care Agency for the following: (i) health aide services consisting primarily of caring for the patient (excluding housekeeping, meals, etc.); and (ii) physical and speech therapy; RB785 - Restated 1/1/07 17 (e) (f) Agenda Item No, 16E1 Counseling services by a licensed social worker or a licensed pastoral counselor~ctfll~7~~'s immediate family; 'r.:s'age 24 ()f1f5 Bereavement counseling services by a licensed social worker or a licensed pastoral counselor for the patient's immediate family. (The bereavement services must be fumished within six [6] months after the patient's death and coverage is limited to 50% of the charges for the services and not more than a total of fifteen [15] visits perfamily.) Counseling services received in connection with a terminal Illness as described above will not be considered to have been received due to a Mental/Nervous Disorder. The term "Patient's Immediate Family" as used herein means the patient's spouse, parents, and/or dependent children who are covered under the Plan. 24. HOSPITAL SERVICES OR LONG-TERM ACUTE CARE FACILITy/HoSPITAL: Inpatient Room and board, including all regular daily services in a Hospital or Long-Term Acute Care Facility/Hospital will be payable as shown in the Schedule of Benefits. Charges made by a facility having only single or private rooms will be considered at the least expensive rate for a single or private room. Care provided in an Intensive Care Unit will be payable as shown in the Schedule of Benefits. Miscellaneous services and supplies, including any additional Medically Necessary nursing services fumished while being treated on an Inpatient basis, Outpatient Services and supplies furnished while being treated on an outpatient basis will be payable as shown in the Schedule of Benefits, 25. MASSAGE THERAPY OR ROLFING: Massage therapy or rolfing for a medical condition, only if services are performed by a licensed provider, payable as shown in the Schedule of Benefits. 26. MATERNITY: Expenses incurred by an employee or a dependent spouse for: (a) Pregnancy; (b) Services provided by a Birthing Center; (c) Amniocentesis testing; (d) Ultrasounds: (e) Elective induced abortions only when carrying the fetus to full term would seriously endanger the life of the mother. If complications arise after the performance of any abortion, any expenses incurred to treat those complications will be eligible, whether the abortion was eligible or not. Hospital stays in connection with childbirth for either the mother or newborn may not be limited to less than forty- eight (48) hours following a vaginal delivery or ninety-six (96) hours following a cesarean section. These requirements can only be waived by the attending Physician in consultation with the mother. The Covered Person or provider is not required to precertify the maternity admission, unless the stay extends past the applicable forty- eight (48) or ninety-six (96) hour stay. A Hospital stay begins at the time of delivery or for deliveries outside the Hospital, the time the newborn or mother is admitted to a Hospital following birth, in connection with childbirth. 27. MEDICAL AND SURGICAL SUPPLIES: Casts, splints, trusses, braces, crutches, orthotics, dressings, and other Medically Necessary supplies ordered by a Physician. Foot orthotics are covered under the Podiatry benefit. 28. MEDICAL RECORDS: Charges for obtaining medical records will be payable as shown in the Schedule of Benefits. 29. MENTAL/NERVOUS DISORDERS: Inpatient and outpatient treatment of Mental/Nervous Disorders will be payable as shown in the Schedule of Benefits. This benefit also includes family therapy provided to the patient and the patient's family when the patient is present at the session. 30. MORBID OBESITY: Medically Necessary surgical and non-surgical treatment of Morbid Obesity when enrolled under the Smartchoice program, See the Smartchoice Program section in the Plan. RB785 - Restated 1/1/07 18 31. Agenda Item No. 16E 1 NUTRITIONAL SUPPLEMENTS: Physician prescribed nutritional supplements or other enteral ~\3Pletk~tmitm necessary to sustain life, including rental or purchase of equipment used to administer nutritional sfl~pl~inE?Mi-'or other enteral supplementation. Special dietary treatment for phenylketonuria (PKU) when prescribed by a Physician. Over-the-counter nutritional supplements or infant formulas will not be considered eligible even if prescribed by a Physician. 32. OCCUPATIONAL THERAPY: Occupational therapy rendered by an occupational therapist under the recommendation of a Physician. Outpatient occupational therapy will be payable as shown in the Schedule of Benefits. Occupational therapy is covered under the Plan only if it follows an Illness or Injury. Expenses for Maintenance Therapy, or therapy primarily for recreational or social interaction will not be considered eligible. 33. ORTHOGNATHIC SURGERY: Orthognathic surgery and related charges. Any orthodontic expenses related to orthognathic surgery will not be considered eligible. 34. OUTPATIENT PRE-ADMISSION TESTING: Outpatient pre-admission testing performed within seven (7) days of a scheduled Inpatient hospitalization or Surgery. 35. PHYSICAL THERAPY: Physical therapy rendered by a physical therapist under the recommendation of a Physician. Outpatient physical therapy will be payable as shown in the Schedule of Benefits. Maintenance Therapy will not be considered eligible. 36. PHYSICIAN'S SERVICES: Services of a Physician for medical care or Surgery will be payable as shown in the Schedule of Benefits. Services performed in a Physician's office regardless if a Physician is seen or not will be payable as shown in the Schedule of Benefits, Services include, but are not limited to: examinations, x-ray and laboratory tests (including the reading or processing of the tests), supplies, injections, allergy shots, cast application, and minor surgery. If more than one Physician is seen in the same clinic on the same day, only one Co-pay will apply. Diagnostic x-ray and laboratory services which are ordered on the same day as the office visit, but performed or read at a later date and/or at another facility will be considered as part of the office visit. For multiple or bilateral surgeries performed during the same operative session which are not incidental, or not part of some other procedure, and which add significant time or complexity (all as determined by the Plan) to the complete procedure, the charge considered will be: (a) 100% for the primary procedure; (b) 50% for the secondary procedure, including any bilateral procedure; and (c) 50% for each additional covered procedure. This applies to all surgical procedures, except as determined by the Plan. For surgical assistance by an Assistant Surgeon, the charge will be 20% of the Usual and Customary Charge for the corresponding surgery. 37. PODIATRY: Treatment for the following foot conditions: (a) weak, unstable or flat feet; (b) bunions, when an open cutting operation is performed; (c) non-routine treatment of corns or calluses; (d) toenails when at least part of the nail root is removed; (e) any Medically Necessary surgical procedure required for a foot condition; or (f) orthotics, including orthopedic shoes when an integral part of a leg brace. 38, PRIVATE DuTY NURSING: Service of a registered nurse (R.N.) or a licensed practical nurse (L.P.N.) for private duty nursing as follows: (a) Inpatient private duty nursing is covered only when care is Medically Necessary and not for Custodial Care, and the Hospital's Intensive Care Unit is filled or the Hospital has no Intensive Care Unit. (b) Outpatient private duty nursing is covered only when Medically Necessary and will be payable under the Home Health Care benefit. RB785 - Restated 1/1/07 19 39. Agenda Item No. 16E1 PROSTHETICS: Artificial limbs, eyes, or other prosthetic devices for replacement when necessa~e~~ ?IWlss or Injury. Charges for the replacement will only be included as an eligible expense when reqd\twcf8JE! t& a pathological change or replacement is less expensive than repair of existing equipment, and does not include charges for repair or maintenance. Replacement due to normal wear and tear and deterioration is not considered eligible. 40. RADIATION THERAPy/CHEMOTHERAPY: Radium and radioactive isotope therapy, and chemotherapy treatment. 41. RECONSTRUCTIVE SURGERy/COSMETIC PROCEDURES: Reconstructive Surgery or Cosmetic procedures will be considered eligible only under the following circumstances: (a) for the correction of a Congenital Anomaly for a dependent child; (b) any other Medically Necessary surgery related to an Illness or Injury. Charges for reconstructive breast surgery following a mastectomy will be eligible as follows: (a) reconstruction of the breast on which the mastectomy has been performed; (b) surgery and reconstruction of the other breast to produce symmetrical appearance; and (c) coverage for prostheses and physical complications of all stages of mastectomy, including Iymphedemas. The manner in which breast reconstruction is performed will be determined in consultation with the attending Physician and the patient. 42. REHABILITATION FACILITY: Inpatient care provided in a Rehabilitation Facility will be payable as shown in the Schedule of Benefits, provided such confinement: (a) is under the recommendation and general supervision of a Physician; (b) begins within fourteen (14) days after discharge from a required Hospital or Skilled Nursing Facility confinement of at least three (3) days in length for which room and board benefits are paid; (c) is for the purpose of receiving medical care necessary for convalescence from the conditions causing or contributing to the precedent Hospital or Skilled Nursing Care confinement; and (d) is not for Custodial Care. See the Skilled Nursing Care benefit for services and supplies provided for confinements in a Skilled Nursing Care Facility. 43. ROUTINE CARE: Routine care age sixteen (16) and over will be payable as shown in the Schedule of Benefits and will include the office visit and the following performed during an annual screening exam, including, but not limited to: (a) Annual physical screening exams; (b) Gynecological exams; (c) Digital rectal exams for men starting at age forty (40); (d) Lab work to include CBCD, HDLD (includes cholesterol), urinalysis, and comprehensive metabolic panel; (e) Pap smears; (f) EKG baseline at age forty (40) and repeated every ten (1 O) years after age fifty (50); (g) SMA 15, PSA for men annually, occult blood stool, repeated one year after screening, then every five (5) years; (h) Vaccinations or inoculations; (i) Bone density testing. If a diagnosis is indicated after a routine exam, the exam will still be payable under the routine care benefit, however, all charges related to the diagnosis (except the initial exam) will be payable as any other Illness. 44. ROUTINE MAMMOGRAMS: Expenses for routine mammograms, including the office visit charge and all other related services, will be payable as shown in the Schedule of Benefits according to the following schedule: (a) Age thirty-five (35) through age thirty-nine (39), one baseline mammogram; (b) Age forty (40) through age forty-nine (49), one mammogram every two (2) years, or more frequently if recommended by a Physician; (c) Age fifty (50) and over, one mammogram every year; and (d) One or more mammograms a year, based upon a Physician's recommendation, for any woman who is at risk for breast cancer because: (i) of a personal or family history of breast cancer; (ii) of having a history of a biopsy-proven benign breast disease; (iii) of having a mother, sister, or daughter who has or has had breast cancer; or (iv) a woman has not given birth before the age of thirty (30). RB785 - Restated 1/1/07 20 Agenda Item No. 16E 1 45. ROUTINE NEWBORN CARE: Routine newborn care, including Hospital nursery expenses and roui'HifcFc~~f~e while confined following birth will be considered as part of the newborn's expense. ge 0 If the newborn is ill, suffers an Injury, or requires care other than routine care, benefits will be provided on the same basis as any other eligible expense. Transportation of a newborn to and from the nearest available facility appropriately staffed and equipped to treat the newborn's condition, when such transportation is certified by the attending Physician as necessary to protect the health and safety of the newborn child, will be payable as shown in the Schedule of Benefits. 46. SCALP HAIR PROSTHESIS: Purchase of a scalp hair prosthesis when necessitated by hair loss due to the medical condition known as alopecia areata, or as the result of hair loss due to radiation or chemotherapy for diagnosed cancer will be payable as shown in the Schedule of Benefits. 47, SECOND SURGICAL OPINIONS: Voluntary second surgical opinions for elective, non-emergency Surgery when recommended for a Covered Person. Benefits for the second opinion will be payable only if the opinion is given by a specialist who: (a) is certified in the field related to the proposed Surgery; and (b) is not affiliated in any way with the Physician recommending the Surgery. 48. SKILLED NURSING CARE/FACILITY: Skilled Nursing Care provided in a Skilled Nursing Facility will be payable as shown in the Schedule of Benefits, provided such confinement: (a) is under the recommendation and general supervision of a Physician; (b) begins within fourteen (14) days after discharge from a required Hospital or Rehabilitation Facility confinement of at least three (3) days in length for which room and board benefits are paid; (c) is for the purpose of receiving medical care necessary for convalescence from the conditions causing or contributing to the precedent Hospital or Rehabilitation Facility confinement: and (d) is not for Custodial Care. See the Rehabilitation Facility benefit for services and supplies provided for confinements in a Rehabilitation Facility. 49. SLEEP DISORDERS: Treatment of or related to sleep disorders. 50. SPEECH THERAPY: Restorative or rehabilitative speech therapy necessary because of loss or impairment due to an Illness, Injury or Surgery, or therapy to correct a Congenital Anomaly. Speech therapy for developmental delay or to change voice sound will not be considered eligible. Outpatient speech therapy will be payable as shown in the Schedule of Benefits. Maintenance Therapy will not be considered eligible. 51. STERILIZATION: Elective sterilization procedures. 52. TEMPOROMANDIBULAR JOINT DYSFUNCTION (TMJ): Surgical and non-surgical treatment of Temporomandibular Joint Dysfunction (TMJ). The treatment of jaw joint disorders (TMJ) includes conditions of structures linking the jawbone and skull and complex muscles, nerves, and other tissues related to the temporomandibular joint. Treatment shall include, but is , not limited to: orthodontics; physical therapy; and any appliance that is attached to or rests on the teeth. 53. TRANSPLANTS: Services and supplies in connection with Medically Necessary non-Experimental transplant procedures, subject to the following conditions: (a) A concurring opinion must be obtained prior to undergoing any transplant procedure. This mandatory opinion must concur with the attending Physician's findings regarding the Medical Necessity of such procedure. The Physician rendering this concurring opinion must be qualified to render such a service either through experience, specialist training, education, or such similar criteria, and must not be affiliated in any way with the Physician who will be performing the actual Surgery. (b) If the donor is covered under this Plan, eligible expenses incurred by the donor will be considered eligible. If the donor is not covered under this Plan, reference provision (e). (c) If the recipient is covered under this Plan, eligible expenses incurred by the recipient will be considered eligible. (d) If both the donor and the recipient are covered under this Plan, eligible expenses incurred by each person RB785 - Restated 1/1/07 21 Agenda Item No. 16E 1 will be treated separately for each person. March 27, 2007 (e) The Usual and Customary fee of securing an organ from the designated live donor, a cfdWJef~Af~e bank, including the surgeon's fees, anesthesiology, radiology, and pathology fees for the removal of the organ, and a Hospital's charge for storage or transportation of the organ will be considered eligible. Exclusions (a) Non-human and artificial organ transplants; (b) Lodging expenses, including meals; (c) Expenses related to the Covered Person's transportation; (d) The purchase price of any of bone marrow, organ, tissue, or any similar items which are sold rather than donated; and (e) Transplants which are not medically recognized and are Experimental/Investigational in nature. 54. URGENT CARE FACILITY: Services and supplies provided by an Urgent Care Facility will be payable as shown in the Schedule of Benefits. 55. WELL CHILD CARE: Well child care up to age sixteen (16), including, but not limited to, vaccinations and immunizations, routine office visits, developmental assessments, and related laboratory tests and x-rays will be payable as shown in the Schedule of Benefits. RB785 - Restated 1/1/07 22 Agenda Item No. 16E 1 March 27, 2007 Page 29 of 83 Smartchoice is a health management program for all members covered under this Plan. The current conditions that Smartchoice manages are: Lifestyle management, Diabetes Mellitus, Asthma. and Coronary Artery Disease. SMARTCHOICE PROGRAM The Lifestyle management program focuses on long-term weight loss and improved health. It includes assessment, education, and monitoring of a treatment plan agreed upon by your physician. A care plan will be developed with goals outlined. A registered nurse (R.N.) manages all aspects of the program, Members must enroll and actively participate for twelve consecutive months in the Smartchoice program prior to consideration for pre-certification of any gastric by-pass surgery. Recommendation regarding request for gastric procedures inclusive of but not limited to: Bariatric Surgery, Gastric Stapling, Laparoscopic Gastric Bypass, Roux-en-Y Gastric Bypass (RYGB), Vertical Banded Gastroplasty (VBG). Please contact Smartchoice for further information. (239) 659-7740. DIABETES SUPPLY AND EDUCATION PROGRAM The Plan offers an exciting new diabetes supply program through Certified Diabetic Services, Inc. (CDS). This Diabetic Supply Program allows a Covered Person to, from the comfort of the Covered Person's home: . Get all diabetic supplies from one source (no extra trips to the pharmacy) . Get a ninety (90) day supply . Receive valuable educational material . Diabetic education classes covered at 100% through CDS (Certified Diabetic Services, Inc.) Diabetic supplies provided through Certified Diabetic Services, Inc. will be payable the same as mail order prescriptions as shown in the Schedule of Benefits. Please call (239) 430-5000 or (800) 441-8643 to order supplies fast and simple. Each shipment will be shipped directly to your home and will contain a ninety (90) day supply, CDS will automatically ship supplies every three (3) months based on the Covered Person's eligibility verification at time of shipment. CDS also offers the services of a Certified Diabetes Counselor. MEDICAL EXPENSE AUDIT BONUS The Plan offers an incentive to all Covered Persons to encourage examination and self-auditing of eligible medical bills to ensure the amounts billed by any provider accurately reflect the services and supplies received by the Covered Person. The Covered Person is asked to review all medical charges and verify that each itemized service has been received and that the bill does not represent either an overcharge or a charge for services never received. This self-auditing procedure is strictly voluntary; however, it is to the advantage of the Plan as well as the Covered Person to avoid unnecessary payment of health care costs, In the event a self-audit results in elimination or reduction of benefits paid, 50% of the amount saved will be reimbursed directly to the employee (subject to a $10 minimum payment and a $500 maximum payment per Calendar Year), provided the savings are accurately documented, and satisfactory evidence is submitted to the Contract Administrator (e,g. a copy of the incorrect bill and a copy of the corrected billing). This self-audit credit is in addition to the payment of all other applicable plan benefits for legitimate medical expenses. This credit will not be payable for expenses in excess of the Usual and Customary Charges or expenses which are not covered under the Plan, regardless of whether benefits paid are reduced. RB785 - Restated 1/1/07 23 Agenda Item No, 16E1 March 27, 2007 Page 30 of 83 In addition to the benefits specified, the Plan may elect to offer benefits for services furnished by any provider pursuant to a Plan-approved alternative treatment plan, in which case those charges incurred for services provided to a Covered Person under an alternate treatment plan to its end, will be more cost effective than those charges to be incurred for services to be provided under the current treatment plan to its end, and will be subject to Medical Review. ALTERNATIVE BENEFITS The Plan shall provide such alternative benefits at its sole discretion and only when and for so long as it determines that alternative care services are Medically Necessary and cost effective, If the Plan elects to provide alternative benefits for a Covered Person in one instance, it shall not be obligated to provide the same or similar benefits for other Covered Persons under this Plan in any other instance, nor shall it be construed as a waiver of the Plan Administrator's rights to administer this Plan thereafter in strict accordance with its express terms. RB785 - Restated 1/1/07 24 Agenda Item No. 16E1 PRE-EXISTING CONDITION LIMITATION March 27,2007 Page 31 of 83 Expenses incurred in connection with a Pre-Existing Condition will not be considered eligible. A Pre-Existing Condition is defined as an Illness or Injury (whether physical or mental), regardless of cause, for which medical advice, diagnosis, care, or treatment was recommended or received during the six (6) consecutive month period prior to the individual's Enrollment Date of coverage under this Plan. Pre-Existing Conditions will be covered after the end of twelve (12) consecutive months (18 consecutive months for Late Enrollees) after the individual's Enrollment Date. The Pre-Existing Condition Limitation does not apply to: 1. Maternity benefits. 2. A newborn child or newly adopted child if enrolled within thirty-one (31) days of the birth, adoption or placement with the employee for the purpose of adoption. 3. Genetic Information provided there has been no diagnosis of a condition related to the Genetic Information. 4. Prescription drugs purchased through the Prescription Drug Card program. 5. An employee and/or dependent who was covered under a Qualified Health Plan which is replaced by this Plan, unless they have not satisfied the Pre-Existing Condition Limitation of the Qualified Health Plan in effect prior to the effective date of this Plan. The length of the Pre-existing Condition Limitation may be reduced or eliminated if a Covered Person has Creditable Coverage from another Qualified Health Plan, provided there was not a break in coverage of sixty-three (63) or more days. A Covered Person may request a Certificate of Creditable Coverage from their prior plan within twenty-four (24) months of losing coverage. Certificates of Creditable Coverage should be submitted to CBSA, and appropriate credit for time covered will be applied to the pre-existing condition limitation. A HIPAA Determination letter will then be sent to the Covered Person, advising them of the credit applied to their pre-existing condition limitation. The Plan must establish a procedure for Covered Persons to request and receive a certificate of Creditable Coverage. Any questions regarding obtaining a Certificate of Creditable Coverage or obtaining credit for additional past periods of coverage, please contact CBSA's Service Center at (800) 925-2272, or fax the Certificate(s) of Creditable Coverage from the prior plan(s) to: (952) 593-3779. If all necessary information is not received by the Plan for determination of a pre-existing condition, or the Plan requests a Certificate of Creditable Coverage and that information is not received as requested, all additional claims related to that condition will receive an Adverse Benefit Determination and will be denied until the necessary information is received. Please refer to the General Provisions - Right of Review and Appeal section for further details. RB785 - Restated 1/1/07 25 NOTIFICATION PROVISION Agenda Item No. 16E1 March 27, 2007 Page 32 of 83 Community Health Partners (239) 659-7700 To ensure the most appropriate care is provided, and to control the costs of this Plan, the Plan contains a notification provision. The notification provision requires that a Covered Person call Community Health Partners (CHP) at least twenty- four (24) hours before an elective (pre-arranged, non-emergency) overnight stay in a Hospital. It also requires notification twenty-four (24) hours before the following tests or procedures are done on an outpatient basis: CAT Scan MRI MRA PET Scan All CT guided procedures Durable Medical Equipment with cost anticipated in excess of $500 (rental or purchase) Home health care in excess of 5 visits Pain management (epidurals, facet blocks, and nerve stimulators) Rehab services (pre-certification needed after 12 visits, i.e. physical, speech, occupational) Blepharoplasty Breast reduction Transplants If anyone of the procedures listed above is performed in the emergency room, no pre-certification is required. For a non-emergency hospitalization, CHP will evaluate the proposed admission plan and length of stay. CHP will certify the number of days appropriate. In making these determinations, the diagnosis, physical status and any other complicating conditions of the patient will be taken into account. CHP will review any x-ray and laboratory results and confer with the attending Physician if necessary. The decision to be admitted will always rest with the patient and the Physician. The notification process will let the patient know, before expenses are incurred, whether or not the admission would be certified. Benefits will only be available for the number of days that have been certified. If the confinement will last longer than the number of days certified, CHP must be notified. At this point, CHP will conduct a Continued Stay Review. The Continued Stay Review will be conducted in much the same way as the initial notification. The case will be reviewed with the attending Physician to determine any additional Inpatient days, Benefits will not be available for any days beyond those certified, If a Covered Person is admitted to the Hospital or receives one of the listed outpatient procedures on an emergency basis, the Covered Person must call CHP within forty-eight (48) hours following the admission, test, or procedure. (If emergency admission occurs on a weekend or holiday, notification can be extended to the first business day following the emergency admission). Notification can come from the Covered Person, the Hospital, or the Physician. However, the Covered Person is ultimately responsible for the notification. It is strongly recommended, therefore, that the Covered Person makes the call. Notification requires only a brief phone call to CHP at (239) 659-7700. If the call is made after hours, the following information must be left on CHP's confidential voice mail: Employee's name Employee 10 number Patient's name and relationship to the employee The name of the Hospital where the procedure will take place (if applicable) The procedure to be performed The name and telephone number of the Physician RB785 - Restated 1/1/07 26 Agenda Item No. 16E 1 It is vital the call occurs within the time frames listed above. If notification is not made, eligible expense~n%il~~d by $300 per incident. This penalty for failure to call CHP is a part of this Plan. Determinations regarding t~pettkftY9sst with the Plan Administrator, not with CHP. If notification is not provided within the times outlined, CHP will review the claim to determine whether the admission, test, or procedure was Medically Necessary. Irrespective of the eventual determination by CHP, the penalty will still be applied and cannot be rescinded. Hospital stays in connection with childbirth for either the mother or newborn may not be less than forty-eight (48) hours following a vaginal delivery or ninety-six (96) hours following a cesarean section. These requirements can only be waived by the attending Physician in consultation with the mother, The Covered Person or provider is not required to notify CHP of the maternity admission, unless the stay extends past the applicable forty-eight (48) or ninety-six (96) hour stay. A Hospital stay begins at the time of delivery or for deliveries outside the Hospital, the time the newborn or mother is admitted to a Hospital following birth, in connection with childbirth. If the patient is unconscious. in a coma or unable to contact CHP due to Illness or Injury rendering the patient physically or mentally incapable, the notification requirement will be waived until the patient is able to contact CHP. Certification will be retroactive to the date of admission. RB785 - Restated 1/1/07 27 Agenda Item No. 16E1 March 27, 2007 Page 34 of 83 No payment will be eligible under any portion of this Plan for expenses incurred by a Covered Person for the expenses or circumstances listed below. If an expense is paid that is found to be excluded or limited as shown below, the Plan has the right to collect that amount from the payee, the Covered Person, or from future benefits, and any such payment does not waive the written exclusions, limitations or other terms of the Plan. EXCLUSIONS AND LIMITATIONS 1. ABORTIONS: Expenses related to elective abortions will not be considered eligible, except as specified under the Maternity benefit under Eligible Expenses. 2. ADOPTION: Expenses for adoption will not be considered eligible. 3. ARTIFICIAL HEART: Expenses for insertion or maintenance of an artificial heart will not be considered eligible. 4. BIOFEEDBACK: Expenses for biofeedback will not be considered eligible. 5. CARDIAC REHABILITATION: Expenses in connection with Phase III cardiac rehabilitation, including, but not limited to occupational therapy or work hardening programs will not be considered eligible. Phase III is defined as the general maintenance level of treatment, with no further medical improvements being made, and exercise therapy that no longer requires the supervision of medical professionals. 6. CHELATION THERAPY: Expenses for chelation therapy will not be considered eligible, unless due to heavy metal poisoning. Chelation therapy reduces the plaque deposits in the arteries and other parts of the body. 7. CHEMICAL DEPENDENCY EVALUATIONS: Expenses for Chemical Dependency evaluations will not be considered eligible, unless followed by an Inpatient stay in a Hospital or a residential Chemical Dependency treatment facility, or an outpatient treatment program within fourteen (14) days of the receipt of the evaluation. 8, CLOSE RELATIVE: Expenses for services, care or supplies provided by a Close Relative will not be considered eligible. 9. COGNITIVE AND KINETIC THERAPY: Expenses for cognitive therapy and kinetic therapy will not be considered eligible, Cognitive therapy is defined as therapy which embraces mental activities associated with thinking, learning, and memory. Kinetic therapy is defined as therapy related to motion or movement (Le, the study of motion, acceleration or rate of change), This exclusion will not apply to expenses related to a neurological brain impairment resulting from an acute major Illness. 10. COMPLICATIONS: Expenses for care, services or treatment required as a result of complications from a treatment not covered under the Plan will not be considered eligible, except complications from abortions as specified under Eligible Expenses. 11. CONTRACEPTIVES: Expenses for contraceptive procedures and devices, including but not limited to, oral contraceptives and the placement or removal of a contraceptive device will not be considered eligible, except as specified under Eligible Expenses. 12. CONVENIENCE ITEMS: Expenses for personal hygiene and convenience items will not be considered eligible. 13, COSMETIC PROCEDURES: Expenses for Cosmetic and reconstructive procedures will not be considered eligible, except as specified under Eligible Expenses. 14. COUNSELING: Expenses for religious, marital, family or relationship counseling will not be considered eligible, except as specified under Eligible Expenses, 15. COVERAGE UNDER OTHER PLANS: Expenses for treatment for which the Covered Person is also eligible for benefits under any other group insurance or service plan through any employer (see Coordination of Benefits section); or the medical payment or personal Injury sections of automobile, casualty or liability insurance regardless of whether such policy is owned by the Covered Person or some other party (see Subrogation section) will not be considered eligible. RB785 - Restated 1/1/07 28 Agenda Item No. 16E 1 March 27, 2007 16. CUSTODIAL CARE: Expenses for Custodial Care will not be considered eligible, except as specified ~f1laGrffieqJi~Me Health Care and Hospice Care benefits. 17. DENTAL CARE: Expenses incurred in connection with dental care, treatment, x-rays, general anesthesia or Hospital expenses will not be considered eligible, except as specified under Eligible Expenses, 18. DETOXIFICATION: Expenses for detoxification will not be considered eligible, unless followed by an Inpatient stay in a Hospital or a residential Chemical Dependency treatment facility or an outpatient treatment program within fourteen (14) days of the receipt of the detoxification services. 19. DEVELOPMENTAL DELAYS: Expenses in connection with the treatment of developmental delays, including, but not limited to speech therapy, occupational therapy, physical therapy and any related diagnostic testing will not be considered eligible. 20. DURABLE MEDICAL EQUIPMENT: Expenses for the rental or purchase of any type of air conditioner, air purifier, or any other device or appliance will not be considered eligible, except as specified under Eligible Expenses. 21. EXPERIMENTAL/INvESTIGATIONAL: Expenses for services or supplies which are not medically recognized or are Experimental/Investigational in nature will not be considered eligible. 22, FOOT CARE: Expenses for routine foot care will not be considered eligible. 23. GAMBLING ADDICTION: Expenses for services related to gambling addiction will not be considered eligible. 24. GENETIC TESTING: Expenses for genetic testing or genetic counseling will not be considered eligible, except amniocentesis testing as specified under Eligible Expenses, 25. GOVERNMENTAL AGENCY: Expenses for services and supplies which are provided by any governmental agency for which the Covered Person is not liable for payment will not be considered eligible. In the case of a state-sponsored medical assistance program, benefits payable under this Plan will be primary. Benefits payable under this Plan will also be primary for any Covered Person eligible under TRICARE (the government sponsored program for military dependents). 26. HAIR Loss: Expenses for hair loss, hair transplants, wigs or scalp hair prostheses will not be considered eligible, except as specified under Eligible Expenses. 27. HEARING EXAMS/AIDs: Expenses for routine hearing examinations and hearing aids, including the fitting thereof, will not be considered eligible, except newborn hearing screenings and those hearing aids as specified under Eligible Expenses. 28. HOMEOPATHIC TREATMENT: Expenses for naturopathic and homeopathic treatments, services and supplies will not be considered eligible. 29. HUMAN SUBJECT STUDY: Expenses which are performed subject to the Covered Person's informed consent under a treatment protocol that explains the treatment or procedure as being conducted under a human subject study experiment will not be considered eligible, 30. HYPNOTHERAPY: Expenses for hypnotherapy will not be considered eligible. 31. ILLEGAL OCCUPATION/FELONY: Expenses for or in connection with an Injury or Illness arising out of the commission of an illegal occupation or felony will not be considered eligible. This exclusion will not apply to Injuries and/or Illnesses sustained due to a medical condition (physical or mental) or domestic violence. 32. INFERTILITY: Expenses for confinement, treatment, testing or service related to infertility (the inability to conceive) or the promotion of conception will not be considered eligible. 33. MAILING: Expenses for mailing and/or shipping and handling expenses will not be considered eligible. RB785 - Restated 1/1/07 29 40. 41. 42. 43. 44. 45. 34. Agenda Item No. 16E1 MAINTENANCE THERAPY: Expenses for Maintenance Therapy of any type when the individual''f~W~e maximum level of improvement will not be considered eligible. age 0 8 35. MATERNITY: Expenses for maternity expenses incurred by a dependent other than an employee's spouse will not be considered eligible. 36. MEDICALLY NECESSARY: Expenses which are determined not to be Medically Necessary will not be considered eligible. 37. MISSED ApPOINTMENTS: Expenses for completion of claim forms, missed appointments, telephone consultations, expedited processing fees, shipping and handling fees will not be considered eligible. 38, No LEGAL OBLIGATION: Expenses for services which are furnished under conditions which the Covered Person has no legal obligation to pay will not be considered eligible, This exclusion will not apply to eligible expenses which may be covered by state Medicaid coverage where federal law requires this Employer's plan to be primary. 39. NOT PERFORMED UNDER THE DIRECTION OF A PHYSICIAN: Expenses for services and supplies which are not prescribed or performed by or under the direction of a Physician will not be considered eligible. NOT RECOMMENDED BY A PHYSICIAN: Expenses by a Hospital or covered residential treatment center if hospitalization is not recommended or approved by a legally qualified Physician will not be considered eligible. NUTRITIONAL SUPPLEMENTS: Expenses for nutritional supplements or other enteral supplementation will not be considered eligible, except as specified under Eligible Expenses. Over-the-counter nutritional supplements or infant formulas will not be considered eligible even if prescribed by a Physician. OBESITY: Expenses for weight loss programs or treatment of obesity will not be considered eligible, except for Morbid Obesity as specified under Eligible Expenses. OCCUPATIONAL THERAPY: Expenses for occupational therapy primarily for recreational or social interaction will not be considered eligible. OPERATED BY THE GOVERNMENT: Expenses for treatment at a facility owned or operated by the government will not be considered eligible, unless the Covered Person is legally obligated to pay. This does not apply to covered expenses rendered by a Hospital owned or operated by the United States Veteran's Administration when services are provided to a Covered Person for a non-service related Illness or Injury. OUTSIDE THE UNITED STATES: Expenses for services or supplies if the Covered Person leaves the United States, the U.S. Territories, or Canada for the express purpose of receiving medical treatment will not be considered eligible. Expenses for a patient who becomes sick or injured while out of the United States, the U.S. Territories, or Canada will not be considered eligible after one hundred twenty (120) consecutive days. This time limit will not be applied if the Covered Person is out of the country for business or as a Full-Time Student. 46. OVER-THE-COUNTER MEDICATION: Expenses for any over-the-counter medication will not be considered eligible. Expenses for drugs and medicines not requiring a prescription by a licensed Physician and not dispensed by a licensed pharmacist will not be considered eligible. 47. OVERDOSE: Expenses for treatment of or related to an overdose of drugs or medications will not be considered eligible. This exclusion will not apply if self-inflicted Injuries result from a medical condition such as depression and the benefits for such Injuries are normally covered under the Plan. 48. PENILE PROSTHETIC IMPLANTS: Expenses for penile prosthetic implants will not be considered eligible. 49, PRIOR TO EFFECTIVE DATE: Expenses which are incurred prior to the effective date of coverage, or after the termination date of coverage will not be considered eligible. 50. RADIOACTIVE CONTAMINATION: Expenses incurred as the result of radioactive contamination or the hazardous properties of nuclear material will not be considered eligible. RB785 - Restated 1/1/07 30 67, 68. 51. Agenda Item No. 16E1 RECREATIONAL AND EDUCATIONAL THERAPY: Expenses for recreational and educational ~6~~7~Billg disabilities; behavior modification services; any form of non-medical self-care or self-help training~(jI,~I~~iRg~y related diagnostic testing; music therapy; health club memberships; aquatic or pool therapies will not be considered eligible. Diabetic education is considered eligible as specified under Eligible Expenses 52. REFRACTIVE ERRORS: Expenses for radial keratotomy, lasik surgery or any surgical procedure to correct refractive errors of the eye will not be considered eligible. 53. RIOT/REVOLT: Expenses resulting from a Covered Person's participation in a riot or revolt will not be considered eligible. This exclusion will not apply to Injuries and/or Illnesses sustained due to a medical condition (physical or mental) or domestic violence. 54. ROUTINE CARE: Expenses for well child care and routine care, including x-ray and laboratory tests, vaccinations and immunizations will not be considered eligible, except as specified under Eligible Expenses. 55. SALES TAX: Expenses for sales tax will not be considered eligible. 56. SELF-INFLICTED INJURY: Expenses for Injury or Illness arising out of attempted suicide or an intentional self-inflicted Injury, will not be considered eligible. This exclusion will not apply if self-inflicted injuries result from a medical condition such as depression and the benefits for such injuries are normally covered under the Plan. 57. SEX TRANSFORMATION: Expenses in connection with sex transformation will not be considered eligible. 58. SEXUAL DYSFUNCTION: Expenses for services, supplies or drugs related to sexual dysfunction not related to organic disease will not be considered eligible. Expenses for sex therapy will not be considered eligible. 59. SMOKING CESSATION: Expenses for smoking cessation programs, including smoking deterrents will not be considered eligible. 60. STAND-By PHYSICIAN: Expenses for technical medical assistance or stand-by Physician services will not be considered eligible. 61. STERILIZATION: Expenses for the reversal of elective sterilization will not be considered eligible. 62. SURROGATE: Expenses related to surrogate services will not be considered eligible. 63. TRAVEL: Expenses for travel of a Physician or Covered Person will not be considered eligible, except ambulance services as specified under Eligible Expenses. 64. USUAL AND CUSTOMARY CHARGE: Expenses in excess of the Usual or Customary Charge will not be considered eligible, 65. VISION CARE: Expenses for vision care, including routine eye exams, professional services for the fitting and/or supply of lenses, frames, contact lenses and other fabricated optical devices will not be considered eligible. However, benefits will be provided for the necessary initial placement of a pair of eyeglasses, contact lenses or an intraocular lens following a Medically Necessary surgical procedure to the eye, This exclusion does not apply to aphakic patient and soft lenses or sclera shells intended for use as corneal bandages. 66. WAGE OR PROFIT: Expenses for or in connection with any Injury or Illness which arises out of or in the course of any occupation for wage or profit (including self-employment) will not be considered eligible. WAR: Expenses for the treatment of Illness or Injury resulting from a war or any act of war or terrorism, whether declared or undeclared, or while in the armed forces of any country or international organization will not be considered eligible. WEEKEND ADMISSIONS: Expenses for care and treatment billed by a Hospital for non-Medical Emergency admissions on a Friday or Saturday will not be considered eligible, unless surgery is scheduled within twenty-four (24) hours. RB785 - Restated 1/1/07 31 Agenda Item No. 16E1 March 27,2007 69. WORKER'S COMPENSATION: Expenses for or in connection with any Injury or Illness which ariset6\Steoff6pfn8~e course of any occupation for which the Covered Person would be entitled to compensation under any Worker's Compensation Law or occupational disease law or similar legislation will not be considered eligible. Expenses for Injuries or Illness which were eligible for payment under Worker's Compensation or similar law and have reached the maximum reimbursement paid under Worker's Compensation or similar law will not be eligible for payment under this Plan. RB785 - Restated 1/1/07 32 DEFINITIONS Agenda Item No. 16E1 March 27, 2007 Page 39 of 83 The following defined terms are capitalized and used throughout the document: ACCIDENT/AcCIDENTAL: An unforeseen or unexplained sudden occurrence by chance without intent or violation. ADVERSE BENEFIT DETERMINATION: Means any of the following: 1. A denial in benefits; 2. A reduction in benefits; 3. A termination of benefits; or 4. A failure to provide or make payment (in whole or in part) for a benefit, including any such denial, reduction, termination, or failure to provide or make payment that is based on a determination of a Claimant's eligibility to participate in the Plan. AMBULATORY SURGICAL FACILITY: An ambulatory surgical center, free-standing surgical center, or outpatient surgical center, which is not part of a Hospital and which: (1) has an organized medical staff of Physicians; (2) has permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures; (3) has continuous Physician's services and registered graduate nursing (R.N.) services whenever a patient is in the facility; (4) is licensed by the jurisdiction in which it is located; and (5) does not provide for overnight accommodations. ASSISTANT SURGEON: A Physician who actively assists the Physician in charge of a case in performing a surgical procedure. Depending on the type of surgery to be performed, an operating surgeon may have one or two (2) Assistant Surgeons. The technical aspects of the surgery involved dictate the need for an Assistant Surgeon. AUTHORIZED REPRESENTATIVE: A Claimant may authorize a representative to act on their behalf in pursuing a benefit claim or appeal of an Adverse Benefit Determination. The Claimant must authorize the representative in writing, and this written authorization must be provided to the Plan, The Plan will recognize this Authorized Representative when the Plan receives the written authorization. In the case of a claim involving urgent care, a Health Care Professional with knowledge of the Claimant's medical condition is also permitted to act as the Claimant's Authorized Representative, BIRTHING CENTER: A place licensed as such by an agency of the state. If the state does not have any licensing requirements, it must meet all of the following tests: (1) is primarily engaged in providing birthing services for low risk pregnancies; (2) is operated under the supervision of a Physician; (3) has at least one registered nurse (R.N.) certified as a nurse midwife in attendance at all times; (4) has a written agreement with a licensed ambulance for that service to provide immediate transportation of the Covered Person to a Hospital as defined herein if an emergency arises; and (5) has a written agreement with a Hospital located in the immediate geographical area of the Birthing Center to provide emergency admission of the Covered Person. CALENDAR YEAR: January 1 through December 31 each year. CHEMICAL DEPENDENCY: A condition characterized by physiological or psychological dependence, or both, on alcohol or a controlled substance, It is further characterized by a frequent or intense pattem of pathological use, to the point that the user: (1) loses self-control over the amount and circumstances of use; or (2) develops symptoms of tolerance, or psychological and/or physiological withdrawal if use is reduced or stopped; or (3) substantially impairs or endangers their health or substantially disrupts their social or economic function. Chemical Dependency includes alcohol or drug psychoses and alcohol or drug dependence syndromes. CLAIM FOR BENEFITS: A request for a plan benefit or benefits made by a claimant in accordance with a Plan's reasonable procedure for filing benefit claims. A claim for benefits includes any Pre-Service and Post-Service Claims. A request for benefits includes a request for coverage determination, for pre-authorization or approval of a plan benefit, or for a utilization review determination in accordance with the terms of the Plan. CLAIMANT: A person requesting benefits under the Plan. A Claimant mayor may not be a Covered Person under the Plan, CLOSE RELATIVE: A Covered Person's spouse, parent (including step-parents), sibling, child, grandparent, or in-law. CO-INSURANCE: The percentage of eligible expenses the Plan and the Covered Person are required to pay. The amount of Co-insurance a Covered Person is required to pay is the difference from what the Plan pays as shown in the Schedule of Benefits. RB785 - Restated 1/1/07 33 Agenda Item No. 16E1 CO-PAY: The portion of the medical expense that is the responsibility of the Covered Person as shown irN~cffe~7of Benefits. A Co-pay is applied for each occurrence of such covered medical service and is not applied towarcft~MMf~8ro~30f the Deductible, Co-insurance or Out-of-Pocket Limit. COBRA: Consolidated Omnibus Reconciliation Act of 1985, as amended. CONCURRENT CARE: Ongoing care or course of treatment. CONGENITAL ANOMALY: A physical developmental defect that is present at birth. CONTRACT ADMINISTRATOR: The organization providing services to the Employer in connection with the operation of this Plan and performing such other functions, including processing of claims, as may be delegated to it. COSMETIC: Any procedure which is primarily directed at improving an individual's appearance and does not meaningfully promote the proper function of the body or prevent or treat Illness or disease. COVERED EMPLOYEE: An Eligible Employee whose coverage has become effective and has not terminated. COVERED PERSON: An Eligible Employee or Eligible Dependent whose coverage has become effective and has not terminated. CREDITABLE COVERAGE: Coverage provided under any Qualified Health Plan. CUSTODIAL CARE: Care or service which is designed primarily to assist a Covered Person, whether or not disabled, in the activities of daily living. Such activities include, but are not limited to: bathing, dressing, feeding, preparation of special diets, assistance in walking or in getting in and out of bed, and supervision over medication which can normally be self-administered. DEDUCTIBLE: The total amount of eligible expenses, as shown in the Schedule of Benefits, which must be incurred by a Covered Person during any Calendar Year before covered expenses are payable under the Plan. The Family Deductible maximum, as shown in the Schedule of Benefits, is the maximum amount or maximum number of Deductibles (depending on Plan Option selected) which must be incurred by the covered family members during a Calendar Year. However, each individual in a family is not required to contribute more than one individual Deductible amount to the family Deductible. Carry-Over. If the medical Deductible is satisfied in whole or in part by eligible expenses incurred during October, November, or December, those expenses will apply to the Deductible applicable in the next Calendar Year. DENTIST: An individual who is duly licensed to practice dentistry or to perform oral surgery in the state where the service is performed and is operating within the scope of such license. A physician will be considered a Dentist when performing any covered dental services allowed within such license. DURABLE MEDICAL EQUIPMENT: Equipment prescribed by the attending Physician which meets all of the following requirements: (1) is Medically Necessary; (2) can withstand repeated use; (3) is not disposable; (4) is not useful in the absence of an Illness or Injury; (5) it would have been covered if provided in a Hospital; and (6) is appropriate for use in the home. ELIGIBILITY DATE: The first date of coverage after the Eligible Employee has satisfied any applicable waiting period. See Eligibility & Enrollment section. EMPLOYER: Collier County Government, or any successor thereto. ENROLLMENT DATE: The earlier of: (1) the first date of coverage; or (2) the first day of any applicable waiting period. The Enrollment Date with regards to a Late Enrollee will be the first date of coverage. RB785 - Restated 1/1/07 34 Agenda Item No. 16E1 EXPERIMENTAL/INVESTIGATIONAL: A drug, device, medical treatment or procedure is Experimental or Inves~~l(f9Nie drug or device cannot be lawfully marketed without approval of the U.S. Food and Drug Administration rrRfJapp}d?7a~for marketing has not been given at the time the drug or device is furnished; (2) if Reliable Evidence shows that the drug, device, medical treatment or procedure is the subject of ongoing Phase I, II or III clinical trials, or is under study to determine its maximum tolerated dose, its toxicity, its safety, its efficacy or its efficacy as compared with a standard means oftreatment or diagnosis; (3) if Reliable Evidence shows that the prevailing opinion among experts regarding the drug, device, medical treatment or procedure is that further studies or clinical trials are necessary to determine its maximum tolerated dose, its toxicity, its safety, its efficacy or its efficacy as compared with a standard means of treatment or diagnosis. "Reliable Evidence" shall mean only published reports and articles in the authoritative medical and scientific literature; the written protocol or protocols used by the treating facility or the protocol(s) of another facility studying substantially the same drug, device, medical treatment or procedure; or the written informed consent used by the treating facility or another facility studying substantially the same drug, device, medical treatment or procedure. GENETIC INFORMATION: Information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, and direct analysis of genes or chromosomes. HEALTH CARE PROFESSIONAL: A Physician or other Health Care Professional licensed, accredited, or certified to perform specified health services consistent with State law. HOME HEALTH CARE AGENCY: A public or private agency or organization that specializes in providing medical care and treatment in the home. Such a provider must meet all of the following conditions, it: (1) is duly licensed, if such licensing is required, by the appropriate licensing authority to provide skilled nursing services and other therapeutic services; (2) qualifies as a Home Health Care Agency under Medicare; (3) meets the standards of the area-wide health care planning agency; (4) provides skilled nursing services and other services on a visiting basis in the patient's home; (5) is responsible for administering a home health care program; and (6) supervises the delivery of a home health care program where the services are prescribed and approved in writing by the patient's attending Physician. HOSPICE: An agency that provides counseling and incidental medical services and may provide room and board to terminally ill individuals and which meets all of the following requirements: (1) has obtained any required state or governmental Certificate of Need approval; (2) provides twenty-four (24) hour-a-day, seven (7) days-a-week service; (3) is under the direct supervision of a duly qualified Physician; (4) has a nurse coordinator who is a registered nurse (R.N.) with four (4) years of full-time clinical experience, at least two (2) of which involved caring for terminally ill patients; (5) has a social-service coordinator who is licensed in the jurisdiction in which it is located; (6) is an agency that has as its primary purpose the provision of hospice services; (7) has a full-time administrator; (8) maintains written records of services provided to the patient; (9) the employees are bonded, and it provides malpractice and mal placement insurance; (10) is established and operated in accordance with the applicable laws in the jurisdiction in which it is located and, where licensing is required, has been licensed and approved by the regulatory authority having responsibility for licensing under the law; (11) provides nursing care by a registered nurse (R.N.), a licensed practical nurse (LP.N.), a licensed physical therapist, certified occupational therapist, American Speech Language and Hearing Association certified speech therapist, or a certified respiratory therapist; and (12) provides a home health aide acting under the direct supervision of one of the above persons while performing services specifically ordered by a Physician, HOSPITAL: A facility which: (1) is licensed as a Hospital where licensing is required; (2) is open at all times; (3) is operated mainly to diagnose and treat Illnesses or Injuries on an Inpatient basis; (4) has a staff of one or more Physicians on call at all times; (5) has twenty-four (24) hour a day nursing services by registered nurses (R.N.'s); and (6) has organized facilities for major Surgery. However, an institution specializing in the care and treatment of Mental/Nervous Disorders or Chemical Dependency which would qualify as a Hospital, except that it lacks organized facilities on its premises for major Surgery, shall be deemed a Hospital. In no event shall "Hospital" include an institution which is primarily a rest home, a nursing home, a clinic, a Skilled Nursing Facility, a convalescent home or a similar institution. ILLNESS: A disease, sickness, Pregnancy or a condition involving bodily or mental disorder of any kind. All disorders which exist simultaneously and are due to the same or related causes shall be considered one Illness. RB785 - Restated 1/1/07 35 Agenda Item No. 16E 1 INJURY: A bodily Injury which results independently of Illness and is caused by Accidental means. ~~Z'I~~~s sustained in anyone Accident and all related conditions and recurrent symptoms will be considered one~~QfY. 2 0 INPATIENT: Admission as a bed patient to an eligible institution. INTENSIVE CARE UNIT: A separate, clearly designated service area, which is maintained within a Hospital solely for the care and treatment of patients who are critically ill. This also includes what is referred to as a "coronary care unit", or an "acute care unit." It has: (1) facilities for special nursing care not available in regular rooms and wards of the Hospital; (2) special life saving equipment which is immediately available at all times; (3) at least two (2) beds for the accommodation of the critically ill; and (4) at least one registered nurse (R. N.) in continuous and constant attendance twenty-four (24) hours a day. LATE ENROLLEE: An Eligible Employee or Eligible Dependent who does not elect coverage under this Plan within thirty-one (31) days of their Eligibility Date and who is not otherwise considered a Special Enrollee. An employee not enrolled or not eligible for coverage under the Employer's previous Employer-sponsored plan will be considered a Late Enrollee. LEGAL GUARDIAN: A person recognized by a court of law as having the duty of taking care of the person and managing the property and rights of a minor child. LIFETIME MAXIMUM: The maximum benefit payable during an individual's lifetime while covered under this Plan. Benefits are available only when an individual is eligible for coverage under this Plan. The Plan provides for a Lifetime Maximum Benefit for specific types of medical treatment, as well as for the total benefits provided by the Plan as shown in the medical and prescription drug Schedule of Benefits. LONG-TERM ACUTE CARE FACILITY/HoSPITAL: Facilities that provide specialized acute care for medically complex patients who are critically ill; have multi-system complications and/or failures and require hospitalization in a facility offering specialized treatment programs and aggressive clinical and therapeutic intervention on a twenty-four (24) hour a day, seven (7) days a week basis, The severity of the L TACH patient's condition requires a Hospital stay that provides: (1) interactive Physician direction with daily on-site assessment; (2) significant ancillary services as dictated by complex, acute medical needs - such as full service and laboratory, radiology, respiratory care services, etc; (3) a patient-centered outcome- focused, interdisciplinary approach requiring a Physician-directed professional team that includes intensive case management to move the patient efficiently through the continuum of care; (4) clinically competent care providers with advanced assessment and intervention skills; (5) education for the patient and family to manage their present and future health care needs. MAINTENANCE THERAPY: Medical and non-medical health-related services that do not seek to cure, or that which are provided during periods when the medical condition of the patient is not changing, or does not require continued administration by medical personnel. MEDICAL EMERGENCY: Medical services and supplies provided after the sudden onset of a medical condition (Injury or Illness) manifesting itself by acute symptoms, including intense pain, which are severe enough that the lack of immediate medical attention could reasonably be expected to result in any of the following: (1) the patient's health would be placed in serious jeopardy; (2) bodily function would be seriously impaired; or (3) there would be serious dysfunction of a bodily organ or part. MEDICALLY NECESSARy/MEDICAL NECESSITY: The medical service a patient receives which is recommended by a Physician and is required to treat the medical symptoms of a certain Illness or Injury, Although the service may be prescribed by a Physician, that does not mean the service is Medically Necessary. The medical care or treatment must (1) be consistent with the medical diagnosis and prescribed course of medical treatment for the Covered Person's medical condition; (2) be required for reasons other than the convenience of the Covered Person or the attending Physician; (3) generally be accepted as an appropriate form of care for the medical condition being treated; and (4) be likely to result in physical improvement of the patient's medical condition which is unlikely to ever occur if the medical treatment is not administered. MENTAL/NERVOUS DISORDERS: Any condition classified as a mental disorder, except for mental retardation and Chemical Dependency, in the current edition of the International Classification of Diseases published by the U.S. Department of Health and Human Services. This includes, but is not limited to, eating disorders, bipolar disorders, psychotic disorders, neurotic disorders, adjustment disorders and personality disorders. MORBID OBESITY: A condition of morbid or clinically severe obesity in which the body weight is in excess of the norm for a person of the same age, sex and height by the lesser of one hundred (100) pounds or 50% of the persons ideal weight, provided treatment is under the recommendation and supervision of a Physician, Any treatment for the condition of Morbid Obesity must be determined to be Medically Necessary by the Plan. RB785 - Restated 1/1/07 36 Agenda Item No. 16E 1 OUT-OF-POCKET LIMIT: An Out-of-Pocket Limit is the maximum amount of Co-insurance a Covered PerscMfio:t7~1~ffi'ily members will pay for eligible expenses incurred during a Calendar Year before the covered percentage inct~~g1-tO 9fdCi610. Expenses incurred for the following cannot be applied toward the Out-of-Pocket Limit: (1) Co-pays; (2) Deductibles; (3) any penalty amounts; (4) any charges as defined in the Exclusions and Limitations section; and (5) a Covered Person's Co- insurance for: treatment of Mental/Nervous Disorders; treatment of Chemical Dependency; chiropractic care; acupuncture; dental care expenses due to Illness. PARTIAL HOSPITALIZATION: Treatment received in a residential setting for Mental/Nervous Disorder or Chemical Dependency treatment that is provided in a less restrictive manner than are Inpatient services, but in a more intensive manner than are outpatient services. Acceptable residential settings include: halfway houses, three-quarter-way houses, and participation in an independent living center program. PHYSICIAN: A legally licensed Physician who is acting within the scope of their license, and any other licensed practitioner required to be recognized for benefit payment purposes under the laws of the state in which they practice and who is acting within the scope of their license. The definition of Physician includes, but is not limited to: Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), Chiropractor, Licensed Consulting Psychologist, Licensed Psychologist, Licensed Clinical Social Worker, Occupational Therapist, Optometrist, Ophthalmologist, Physical Therapist, Podiatrist, Registered Nurse (R.N.), Licensed Practical Nurse (L.P.N,), Speech Therapist, Speech Pathologist, Licensed Midwife. An employee of a Physician who provides services under the direction and supervision of such Physician will also be deemed to be an eligible provider under the Plan. PLAN: The Collier County Government Employee Benefit Plan, and any amendments attached thereto. PLAN ADMINISTRATOR: The Employer, which is sponsoring this Plan for its employees. The Plan Administrator may hire persons or firms to process claims and perform other Plan connected services. POST-SERVICE CLAIM: Post-Service Claims are all claims that are not Pre-Service Claims. PRE-SERVICE CLAIM: Pre-Service Claim is any request for approval of a benefit with respect to which the terms of the Plan condition receipt of the benefit, in whole or in part, on approval of the benefit in advance of obtaining medical care, PREFERRED PROVIDER NETWORK: All participating providers, health professionals, Hospitals, or other organizations having an agreement with the Preferred Provider Organization (PPO). PREGNANCY: Childbirth and conditions associated with Pregnancy, including complications of Pregnancy. PRIMARY CARE PHYSICIAN: A Physician responsible for managing and coordinating the full scope of a Covered Person's medical care, including but not limited to performing routine evaluations and treatment, arranging for all necessary referrals to specialists, ordering laboratory tests and x-ray examinations, prescribing necessary medications and arranging for a Covered Person's hospitalization or other services when appropriate (ie, General Practitioner including Internist, OB\GYN, Pediatrician, family practice, etc.). QUALIFIED HEALTH PLAN: The following will be considered Qualified Health Plans: (1) a group health plan; (2) health insurance coverage; (3) Medicare; (4) Medicaid; (5) TRI-CARE; (6) an Indian Health Service plan or tribal organization plan; (7) a state risk pool coverage; (8) a federal employees health insurance coverage; (9) a public health plan (this includes plans established or maintained by a state, the U.S. government, a foreign country, a state or federal penitentiary, U.S. Veterans Administration, or any political subdivision of a state, the U.S. government, or a foreign country that provides health coverage to individuals who are enrolled in the Plan); (10) a Peace Corps plan; (11) the State Children's Health Insurance Program. QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMCSO): A judgment or decree by a court of competent jurisdiction or order issued through an administrative process established under state law that has the force and effect of state law that requires the Plan to provide coverage to the children of an employee pursuant to a state domestic relations law. RECONSTRUCTIVE SURGERY: Surgery that is incidental to an Injury, Illness, or Congenital Anomaly when the primary purpose is to improve physiological functioning of the involved part of the body. The fact that physical appearance may change or improve as a result of Reconstructive Surgery does not classify such surgery as cosmetic when a physical impairment exists, and the surgery restores or improves function. The fact that a Covered Person may suffer psychological consequences, or socially avoidant behavior as a result of an Injury, Illness, or Congenital Anomaly does not classify surgery done to relieve such consequences or behavior as Reconstructive Surgery. RB785 - Restated 1/1/07 37 Agenda Item No. 16E1 REHABILITATION FACILITY: The facility must meet all of the following requirements: (1) must be for the tMarRleliil oF9eJte Injury or Illness; (2) is licensed as an acute rehabilitation facility; (3) the care is under the direct supervision~ Mysidfi?n; (4) services are Medically Necessary; (5) services are specific to an active written treatment plan; (6) the patient's condition requires skilled nursing care and interventions which cannot be achieved or managed at a lower level of care; (7) twenty- four (24) hour nursing services are available; and (8) the confinement is not for Custodial Care or maintenance care. SEMI-PRIVATE ROOM: A hospital room shared by two (2) or more patients. SKILLED NURSING FACILITY: An institution or that part of any institution which operates to provide convalescent or nursing care which: (1) is primarily engaged in providing to Inpatients skilled nursing care and related services for patients who require medical or nursing care; or sub-acute rehabilitation services for the rehabilitation of injured, disabled, or sick persons; (2) has policies which are developed with the advice of (and with provision for review of such policies from time to time by) a group of professional personnel, including.one or more Physicians and one or more registered nurses (R.N.) to govern the skilled nursing care and related medical or other services it provides; (3) has a Physician, a registered nurse (R. N.), or a medical staff responsible for the execution of such policies; (4) has a requirement that the health care of every patient be under the supervision of a Physician, and provides for having a Physician available to furnish necessary medical care in case of emergency; (5) maintains clinical records on all patients; (6) provides twenty-four (24) hour nursing service which is sufficient to meet nursing needs in accordance with the policies developed above, and has at least one registered nurse (R.N.) employed full-time; (7) provides appropriate methods and procedures for the dispensing and administering of drugs and injections; (8) in the case of an institution in any state in which state or applicable local law provides for the licensing of institutions of this nature, is licensed pursuant to such law, or is approved by the agency of the state or locality responsible for licensing institutions of this nature as meeting the standards established for such licensing; and (9) meets any other conditions relating to the health and safety of individuals who are furnished services in such institutions or relating to the physical facilities thereof. SPECIAL ENROLLEE: See Eligibility, Enrollment & Effective Date of Coverage section. SPECIALIST PHYSICIAN: A Physician who provides services to a Covered Person within the range of his or her specialty when referred by the primary care Physician (ie. cardiologist, neurologist, etc.). SUCCESSIVE PERIODS OF CONFINEMENT: With respect to an employee, Successive Periods of Confinement for the same or related causes shall be considered one period of confinement unless the subsequent confinement commences after a return to active work on a full-time basis for a period of two (2) weeks. Successive Periods of Confinement due to entirely unrelated causes shall be considered one period of confinement unless the subsequent confinement commences after a return to active work on a full-time basis for one day. With respect to a dependent, Successive Periods of Confinement will be considered one period of confinement unless the subsequent confinement commences after three (3) months following the prior confinement. SURGERY: Any operative or diagnostic procedure performed in the treatment of an Illness or Injury by an instrument or cutting procedure through any natural body opening or incision. The reduction of a fracture or dislocation will also be considered Surgery, URGENT CARE CLAIM: Any Pre-Service Claim for medical care or treatment with respect to which the application of the time periods for making non-urgent care determinations could seriously jeopardize the life or health of the Claimant or the ability of the Claimant to regain maximum function, or in the opinion of a Physician with knowledge of the Claimant's medical condition, would subject the Claimant to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim. A Post-Service Claim is never an Urgent Care Claim. URGENT CARE FACILITY: A facility which is engaged primarily in providing minor emergency and episodic medical care to a Covered Person. A board-certified Physician, a registered nurse, and a registered x-ray technician must be in attendance at all times that the facility is open. The facility must include x-ray and laboratory equipment and a life support system. For the purpose of this Plan, a facility meeting these requirements will be considered to be an Urgent Care Facility, by whatever actual name it may be called; however, an after-hours clinic shall be excluded from the terms of this definition. USUAL AND CUSTOMARY CHARGE: Charges made for medical services or supplies essential to the care of the individual will be subject to a Usual and Customary determination. Usual and Customary allowances are based on what is usually and customarily accepted as payment for the same service within a geographical area. In determining whether charges are Usual and Customary, consideration will be given to the nature and severity of the condition and any medical complications or unusual circumstances which require additional time, skill or experience. RB785 - Restated 1/1/07 38 TERMINATION OF BENEFITS Agenda Item No. 16E 1 March 27, 2007 Page 45 of 83 An employee or dependent's coverage shall terminate at the earliest time indicated below: 1. In the event the employee fails to make any required contributions when due, benefits shall automatically terminate at the end of the period for which the contribution was made. 2. Upon termination of employment or retirement, benefits will cease on the last day of the month in which the employee terminated. Cessation of active work by an employee shall be deemed termination of employment, except as follows: (a) In the event an employee is absent on account of Illness or Injury, employment shall be deemed to continue for the purpose of benefits hereunder until the earlier of: (i) the date contributions received from the Employer for such employee's benefits are discontinued; or (ii) a period of twelve (12) months; or (b) An employee who retires and qualifies as a retiree of Collier County Government (qualifying retirees must meet the requirement of Florida Statute 112.0801). Eligibility for Medicaid or the recipient of Medicaid benefits will not be taken into account in determining eligibility. This extension also applies to the retiree's dependents. Once the retiree becomes eligible for Medicare, this Plan will pay secondary to Medicare. Should the retiree become deceased or cancel the County's coverage once eligible for Medicare, the spouse may remain on the Plan until the date the spouse becomes eligible for Medicare; or (c) The benefits of an employee who is temporarily laid-off or granted leave of absence may be continued, but not beyond the end of the leave of absence or lay-off. The leave of absence or lay-off may not exceed six (6) months. 3. The end of the month the employee ceases to be eligible for coverage or ceases to be in a class eligible for coverage. 4. The end of the month the dependent ceases to be eligible for coverage or ceases to be in a class eligible for coverage. 5. When maximum benefits of this Plan have been exhausted. 6. The date the dependent becomes an Eligible Employee. 7. When the employee or dependent enters the military service on a full-time active duty basis other than scheduled drills or other training not exceeding one month in any Calendar Year. 8. The date the Plan is terminated. FAMILY AND MEDICAL LEAVE ACT (FMLA) An eligible employee that qualifies for FMLA is entitled to a maximum of twelve (12) weeks of unpaid leave in any twelve (12) month period for reasons that qualify under FMLA. The employee must have worked for the Employer for at least twelve (12) months, and have worked at least 1,250 hours during the twelve (12) months preceding the start of the leave. An employee may choose not to retain health coverage during the FMLA leave. However, when an employee returns from leave, the employee is entitled to have coverage reinstated on the same basis as it would have been if the leave had not been taken. Coverage will be reinstated without any additional qualification requirements imposed by the Plan. (The Plan's provisions with respect to Pre-Existing Conditions, Deductibles and Co-insurance amounts will apply on the same basis as they did prior to the FMLA leave.) UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) If an individual was covered under this Plan immediately prior to being called to active duty by any of the uniformed services of the United States of America, coverage may continue for up to twenty-four (24) months or the period of uniformed service leave, whichever is shortest, if the individual pays any required contributions toward the cost of coverage during the leave, If the leave is less than thirty (30) days, the contribution rate will be the same as for active employees. If the leave is longer than thirty (30) days, the required contribution will not exceed 102% of the cost of coverage. RB785 - Restated 1/1/07 39 Agenda Item No. 16E1 Whether or not the individual elects continuation coverage under the Uniformed Services Employment arM~~M?,.Qj~ent Rights Act (USERRA), coverage will be reinstated on the first day the individual returns to active emplo~en'PtJft:h~e Employer if released under honorable conditions and the individual returns to employment: (a) on the first full business day following completion of the military service for a leave of thirty (30) days or less; or (b) within fourteen (14) days of completing military service for a leave of thirty-one (31) to one hundred eighty (180) days; or (c) within ninety (90) days of completing military service for a leave of more than one hundred eighty (180) days (a reasonable amount of travel time or recovery time for an Illness or Injury determined by the VA to be service connected will be allowed). When coverage under this Plan is reinstated, all provisions and limitations in this Plan will apply to the extent that they would have applied if the military leave had not been taken and coverage had been continuous under this Plan. The eligibility waiting period will be waived and the Pre-Existing Condition Limitation will be credited as if you had been continuously covered under this Plan from the original effective date, unless the waiting period or Pre-Existing Condition Limitation would have applied to the employee if the employee had remained continuously employed during the period of military leave. (This waiver of limitations does not provide coverage for any Illness or Injury caused or aggravated by the military service, as determined by the VA. For complete information regarding the rights under USERRA contact the Employer.) RB785 - Restated 1/1/07 40 CONTINUATION OF BENEFITS (COBRA) Agenda Item No. 16E1 March 27, 2007 Page 47 of 83 COBRA continuation coverage is temporary continuation of Plan coverage that can become available to individuals who are covered under the Plan when a "Qualifying Event" occurs which results in a loss of coverage under the Plan. The right to COBRA continuation coverage was created by a federal law, the Consolidated Omnibus Reconciliation Act of 1985 (COBRA). COBRA continuation coverage must be offered to each person who is a "Qualified Beneficiary". A Qualified Beneficiary is an individual who is covered under the Plan the day before a Qualifying Event takes place which results in a loss of coverage under the Plan. A Qualified Beneficiary can be the Covered Employee (or covered retired employee), the covered spouse of the employee, or the covered dependent child(ren) of the employee. Any child born to or placed for adoption with the covered employee during a period of continuation coverage is also considered a Qualified Beneficiary. If COBRA continuation coverage is elected, coverage will continue as though the Qualifying Event had not occurred. Any Deductible or Co-insurance amounts satisfied, or amounts credited toward any maximum benefits of this Plan, will be retained. Similarly, no new or additional waiting periods or pre-existing limitation requirements will apply. If any changes are made to the coverage for employees actively-at-work, the coverage provided to individuals under this continuation provision will be similarly changed. COBRA may not be denied to an individual who had coverage under another group health plan or Medicare prior to a Qualifying Event. Specific Qualifying Events and the corresponding time period for which continuation coverage is available are listed below. In some instances, Qualified Beneficiaries may be covered under multiple Qualifying Events (see "Extension of Continuation Coverage" below), QUALIFYING EVENTS An eighteen (18) month continuation is available to employees and/or dependents in the event of anyone or both of the following Qualifying Events: 1. An employee's termination of employment for any reason except gross misconduct; 2. An employee's loss of eligibility to participate due to reduced work hours. In the event that both Qualifying Events happen, the total length of the continuation will not exceed eighteen (18) months. A thirty-six (36) month continuation shall be available to a covered dependent spouse and/or child of an employee in the event of anyone of the following Qualifying Events: 1. An employee's death; 2. Divorce or legal separation from the employee; 3. A child ceasing to meet the eligibility requirements described in the Eligibility & Enrollment section; 4. A dependent's loss of eligibility to participate in this Plan due to the employee becoming entitled to Medicare benefits (under Part A, Part B, or both), either as the result of disability or choosing Medicare in the place of this plan at age sixty-five (65). Notification of some Qualifying Events is required. In the case of divorce or legal separation from the employee, or a child ceasing to meet the eligibility requirements, the employee or Qualified Beneficiary must send written notice of the event to the Plan Administrator within sixty (60) days after the later of: (a) the date of the Qualifying Event; (b) the date on which coverage would have been lost as a result of the Qualifying Event; or (c) the date on which the Qualified Beneficiary is informed, through the furnishing of this summary plan description or the initial general COBRA notice. of the responsibility and procedures for providing such notice to the Plan Administrator. This written notice must include supporting legal documentation when applicable (e,g. divorce decree or legal separation agreement). Failure to notify the Plan Administrator as described will cause any Qualified Beneficiary to lose eligibility for COBRA continuation coverage. RB785 - Restated 1/1/07 41 Agenda Item No. 16E1 If a Qualified Beneficiary has a new dependent eligible for coverage as the result of a marriage or t:M:Dff~~?t?&Q!or placement for adoption of a child, the Qualified Beneficiary must notify the Plan Administrator as des&lEl96 uf\cffiAP1e Eligibility & Enrollment section. EXTENSION OF CONTINUATION COVERAGE In certain circumstances, a Qualified Beneficiary may be able to continue coverage beyond the initial eighteen (18) month continuation period. Due to Disability: An eleven (11) month extension of the eighteen (18) month continuation period (resulting in a total of 29 months of continuation coverage) may be available to all covered family members in the event a Qualified Beneficiary is determined to be disabled by the Social Security Administration. In order to be eligible for this extension, the following requirements must ill! be satisfied: 1. The initial Qualifying Event must have been either termination of employment or reduction in hours; and 2. The Qualified Beneficiary must be declared disabled by the Social Security Administration on or before the date of the Qualified Beneficiary's initial Qualifying Event, or during the first sixty (60) days of COBRA continuation coverage; and 3. The Qualified Beneficiary must send written notice of a disability determination to the Plan Administrator before the end ofthe original eighteen (18) months of COBRA continuation coverage and within sixty (60) days of the later of: (a) the date of the disability determination; (b) the date of the initial Qualifying Event; (c) the date coverage would have been lost as a result of the Qualifying Event; or (d) the date on which the Qualified Beneficiary is informed, through the furnishing of this summary plan description or the initial general COBRA notice, of the responsibility and procedures for providing such notice to the Plan Administrator. A copy of the Social Security Administration's determination letter must be included in this written notice. Failure to meet any of the above requirements will cause the Qualified Beneficiary to lose eligibility for the eleven (11) month extension. If the Qualified Beneficiary is later determined by the Social Security Administration to no longer be disabled, the Qualified Beneficiary must notify the Plan Administrator in writing of that fact within thirty (30) days of the Social Security Administration's determination. Multiple Qualifying Events: An eighteen (18) month extension of the initial eighteen (18) month continuation period (resulting in a total of 36 months of continuation coverage) may be available to a Qualified Beneficiary of a former employee who experiences a second Qualifying Event during the first eighteen (18) months of continuation coverage. This extension is not available to the former employee. A second Qualifying Event must be one of the events listed under the thirty-six (36) month continuation section and must occur during the initial eighteen (18) month continuation period. In order to be eligible for this extension, the following requirements must ill! be satisfied: 1. The initial Qualifying Event must have been either the former employee's termination of employment or reduction in hours; and 2. The event would have to have caused the Qualified Beneficiary to lose coverage under the Plan had the first Qualifying Event not occurred; and 3. The Qualified Beneficiary must send written notice to the Plan Administrator within sixty (60) days of the later of: (a) the date of the second Qualifying Event; (b) the date coverage would have been lost as a result of the Qualifying Event; or (c) the date the Qualified Beneficiary is informed, through the furnishing of this summary plan description or the initial general COBRA notice, of the responsibility and procedures for providing such notice to the Plan Administrator. This written notice must contain supporting legal documentation when applicable (e.g. death certificate, divorce decree, or legal separation agreement). Failure to notify the Plan Administrator as described will cause the Qualified Beneficiary to lose eligibility for extended COBRA continuation coverage. In no event will coverage be continued for more than thirty-six (36) months. RB785 - Restated 1/1/07 42 Agenda Item No. 16E 1 RETIREES COVERED UNDER THE PLAN March 27,2007 Page 49 of 83 A continuation may also be available to a retiree and/or the dependent(s) of a retiree in the event of the Employer's filing of a bankruptcy proceeding under Title 11 of United States Code with respect to the employer providing this health Plan results in a loss of coverage considered a Qualifying Event). NOTICE OF CONTINUATION At the time coverage commences under the Plan, or as permitted by applicable law, the Plan Administrator will provide written notice to each Covered Employee and spouse (if any) of the right to continuation coverage. When a Qualifying Event occurs, COBRA continuation coverage will be offered to each affected Qualified Beneficiary, provided any applicable notification requirements have been met. The cost of the continuation coverage will be included with the election form. A Qualified Beneficiary eligible to elect continuation coverage shall have the right to continue the level of coverage in effect on the day before the Qualifying Event. The decision to elect COBRA continuation coverage is the responsibility of the Qualified Beneficiary. However, failure to continue group health plan coverage may affect the Qualified Beneficiary's future rights under federal law, including the portability of health coverage and special enrollment rights as provided by the Health Insurance Portability and Accountability Act (HIPAA), and the guaranteed right to purchase an individual health insurance policy. For more information on a Covered Person's rights regarding COBRA and HIPAA, the Covered Person should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in the telephone directory, or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210, or visit the EBSA website atwww.dol.gov/ebsa. (Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA's website.) To elect COBRA continuation coverage, the Qualified Beneficiary must complete the election form and return it to the COBRA administrator by mail or fax within sixty (60) days of the date of the notice, or sixty (60) days of the date coverage ends as a result of the Qualifying Event, whichever is later. The names of each Qualified Beneficiary electing COBRA continuation coverage must be listed on the COBRA election form, the coverage being elected must be checked, and the form must be signed by a Qualified Beneficiary. Each Qualified Beneficiary will have an independent right to elect COBRA continuation coverage. A parent may elect to continue coverage on behalf of any dependent children. The employee or employee's spouse can elect continuation coverage on behalf of all the Qualified Beneficiaries. Failure to fully complete and return the election form by the due date will result in the loss of the right to elect COBRA continuation coverage. If a Qualified Beneficiary initially waives coverage under COBRA, the Qualified Beneficiary may still later elect coverage, provided the election is made within sixty (60) days of the date of the notice, or sixty (60) days after coverage ends as a result of the Qualifying Event, whichever is later. However, coverage will not begin until the date of the election (the date the election form is postmarked, if mailed, or the date faxed), PAYING FOR CONTINUATION COVERAGE Generally, each Qualified Beneficiary may be required to pay the entire cost of continuation coverage. The amount a Qualified Beneficiary may be required to pay may not exceed 102% (or, in the case of an extension of continuation coverage due to a disability, 150%) of the cost to the group health plan (including both employer and employee contributions) for coverage of a similarly situated plan participant or beneficiary who is not receiving continuation coverage. The first payment for continuation coverage must be made within forty-five (45) days after the date of the election (this is the date the election form is postmarked, if mailed, or the date faxed). If the first payment for continuation coverage is not made in full within that forty-five (45) days, the Qualified Beneficiary will lose all continuation coverage rights under the Plan. The first payment must cover the cost of continuation coverage from the time coverage under the Plan would have otherwise terminated up to the time the first payment is made. The Qualified Beneficiary is responsible for making sure that the amount of the first payment is correct. Thereafter, periodic payments can be made on a monthly basis, Each of these periodic payments for continuation coverage is due on the first day of every coverage period, although a grace period of thirty (30) days will be allowed. Continuation coverage will be provided for each coverage period as long as payment for that period is made before the end of the grace period. If a periodic payment is made later than its due date, but during the grace period, coverage under the Plan will be RB785 - Restated 1/1/07 43 Agenda Item No. 16E 1 suspended as of the first day of the coverage period and then retroactively reinstated (going back to t~~~e coverage period) when the periodic payment is made. Any claims submitted while coverage is suspended ~bWdEfrffitd, and will have to be resubmitted when coverage is reinstated. If a Qualified Beneficiary fails to make a periodic payment before the end of the grace period for that payment, all rights to continuation coverage under the Plan will be lost. The plan will not send periodic notices of payments due. TRADE ACT OF 2002 The Trade Act of 2002 created a new tax credit for certain individuals who become eligible for trade adjustment assistance and for certain retired employees who are receiving pension payments from the Pension Benefit Guaranty Corporation (PBGC) (eligible individuals). Under the new tax provisions, eligible individuals can either take a tax credit or get advance payment of 65% of premiums paid for qualified health insurance, including continuation coverage. If an individual has questions about these new tax provisions, the Health Coverage Tax Credit Customer Contact Center may be contacted toll- free at 1-866-628-4282. TTDfTTY callers may call toll-free at 1-866-626-4282. More information about the Trade Act is also available at: www.doleta.gov/tradeact/2002acUndex.asp. TERMINATION OF CONTINUATION COVERAGE Continuation of coverage under this Plan shall not be provided beyond whichever of the following dates is first to occur: 1. The date the maximum continuation period expires for the corresponding Qualifying Event; 2. The date the individual fails to pay any required contributions in full on time; 3. The date a Qualified Beneficiary becomes covered, after electing continuation coverage, under another group health plan that does not impose any pre-existing condition exclusion for a pre-existing condition of the Qualified Beneficiary; 4. The date a Qualified Beneficiary becomes entitled to Medicare benefits (under Part A, Part B, or both) after electing continuation coverage; 5. The date this Plan is terminated, though a Qualified Beneficiary may have the right to continue COBRA under another group health plan provided by the Employer to similarly situated employees; 6, The date the employer ceases to provide any group health plan for its employees; or 7, In the month that begins more than thirty (30) days after a final determination has been made that an individual is no longer disabled. Continuation coverage may also be terminated for any reason the Plan would terminate coverage of a participant or beneficiary not receiving continuation coverage (such as fraud). KEEP PLAN INFORMED OF ADDRESS CHANGES In order to protect an individual's rights under COBRA, it is important that the Plan Administrator be informed of any address changes. Individuals should keep a copy of any notices sent to the Plan Administrator for their records, RB785 - Restated 1/1/07 44 Agenda Item No. 16E1 COORDINATION OF BENEFITS March 27,2007 Page 51 of 83 If a Covered Person is covered under more than one group plan as defined below, including this Plan, benefits will be coordinated. The benefits payable under this Plan for any Claim Determination Period, will be either its regular benefits or reduced benefits which, when added to the benefits of the other plan, may equal 1 00% of the Allowable Expenses defined below, DEFINITIONS Allowable Expenses: Any Medically Necessary, Usual and Customary item of expense incurred by a Covered Person which is covered at least in part under this Plan. Claim Determination Period: A Calendar or Plan Year or that portion of a Calendar or Plan Year during which the Covered Person for whom claim is made has been covered under this Plan. Plan: Any plan under which benefits or services are provided by: 1. Group, blanket or franchise insurance coverage; 2. Any group Hospital service prepayment, group medical service prepayment, group practice or other group prepayment coverage; 3. Group coverage under labor-management trusteed plans, union welfare plans, Employer organization plans or employee benefits plans; 4. Coverage under Medicare and any other governmental program that the Covered Person is liable for payment, except state-sponsored medical assistance programs and TRICARE, in which case this Plan pays primary; 5. Coverage provided through a school or other educational institution; 6. Coverage under any Health Maintenance Organization (HMO); or 7. Coverage provided by no-fault auto insurance, by whatever names it is called, when not prohibited by law. When medical payments are available under vehicle insurance, the Plan shall pay excess benefits only, without reimbursement for vehicle plan deductibles. This Plan shall always be considered the secondary carrier regardless of the individual's election under PIP (personal injury protection) coverage with the auto carrier. ORDER OF BENEFIT DETERMINATION When a claim is made, the primary plan pays its benefits without regard to any other plans. The secondary plan adjusts its benefits so that the total benefits paid by both plans will not exceed 100% of the Allowable Expenses. Neither plan pays more than it would without the Coordination of Benefits provision. A plan without a Coordination of Benefits provision is always the primary plan. The FIRST rule that applies determines primary carrier and supersedes the following rules. If all plans have a Coordination of Benefits provision: 1. The plan covering the person directly, rather than as an employee's dependent, is primary and the other plans are secondary. 2. Dependent children of parents not separated or divorced, or unmarried parents living together: the plan covering the parent whose birthday falls earlier in the year pays first. The plan covering the parent whose birthday falls later in the year pays second. However, if the other plan does not have this rule but instead has a rule based upon the gender of the parent, and if, as a result, the plans do not agree on the order of benefits, the rule in the other plan will determine the order of benefits. RB785 - Restated 1/1/07 45 3. Agenda Item No. 16E1 Dependent children of separated or divorced parents, or unmarried parents not living together: 'NB~IeriB9ire separated or divorced or unmarried and not living together, neither the male/female nor the birthB'~~cgPPly. Instead: (a) The plan of the parent with custody pays first; (b) The plan of the spouse of the parent with custody (the step-parent) pays next; (c) The plan of the parent without custody pays next; and (d) The plan of the spouse of the non-custodial parent pays last. However, if specific terms of a court decree state that one of the parents is responsible for the child's health care expenses, and the insurer or other entity obliged to payor provide the benefits of that parent's plan has actual knowledge of those terms, that plan pays first. 4. Active/Laid-Off or Retired Employees: The plan which covers that person as an active employee (or as that employee's dependent) determines its benefits before the Plan which covers that person as a laid-off or retired employee (or as that employee's dependent). If the Plan which covers that person has not adopted this rule, and if, as a result, the Plans do not agree on the order of benefits, this rule (4) will not apply, 5. If a person whose coverage is provided under a right of continuation pursuant to state or federal law (Le. COBRA) is also covered under another plan, the plan covering the person as an employee, member, subscriber, or retiree (or as that person's dependent) is primary and the continuation coverage is secondary. If the other plan does not have this rule, and if, as a result, the plans do not agree on the order of benefits, this rule (5) is ignored. 6. If none of the above rules determines the order of benefits, the plan covering a person longer pays first The plan covering that person for the shorter time pays second. Coordination of Benefits may operate to reduce the total amount of benefits otherwise payable during any Claim Determination Period with respect to a Covered Person under this Plan. When the benefits of this Plan are reduced, each benefit is reduced proportionately. The reduced amount is then charged against any applicable benefit limit of this Plan. When a Plan provides benefits in the form of services rather than cash payments, the reasonable cash value of each service rendered will be considered to be both an Allowable Expense and a benefit paid. RECOVERY If the amount of the payment made by this Plan is more than it should have been, the Contract Administrator on behalf of the Plan, has the right to recover the excess from one or more of the following: 1. The person this Plan has paid or for whom it has paid; 2. Providers of care; 3. Insurance companies; or 4. Other organizations. PAYMENT TO OTHER CARRIERS Whenever payments, which should have been made under this Plan in accordance with the above provisions, have been made, this Plan will have the right to pay any organization making those payments any amounts it determines to be warranted in order to satisfy the intent of the above provisions, Amounts paid in this manner will be considered to be benefits paid under this Plan and, to the extent of these payments, this Plan will be fully discharged from liability. RB785 - Restated 1/1/07 46 Agenda Item No. 16E 1 EFFECT OF MEDICARE March 27, 2007 Page 53 of 83 In accordance with Federal Medicare regulations, the following is a brief explanation of the Medicare guidelines, not to be considered all inclusive, When an employee or spouse reaches age sixty-five (65), they may become entitled to Medicare based on their age. An employee or dependent may also become entitled to Medicare under age sixty-five (65) due to disability or End Stage Renal Disease (ESRD). The Plan will pay benefits before Medicare for an employee or covered dependent: 1. If the employee or spouse is age sixty-five (65), is actively working, and the employer has twenty (20) or more employees; 2. For the first thirty (30) months the employee or dependent is eligible for Medicare due to End Stage Renal Disease (or 33 months, depending upon whether a transplant or self-dialysis is involved); or 3. For the employee or dependent who is actively working, is eligible for Medicare under sixty-five (55) due to disability, and the employer has one hundred (100) or more employees. The Plan will pay benefits after Medicare for an employee or covered dependent: 1. Who is age sixty-five (65) or older and are not actively working; 2. Who is age sixty-five (65) or older and the employer has fewer than twenty (20) employees; 3. After the first thirty (30) months an employee or spouse is eligible for Medicare due to End Stage Renal Disease (or 33 months, depending upon whether a transplant or self-dialysis is involved); or 4. Who is eligible for Medicare under age sixty-five (65) due to disability, but are not actively working or are actively working for an employer with fewer than one hundred (100) employees. All Individuals Eligible for Medicare. Covered Persons should be certain to enroll in Medicare Part A & B coverage in a timely manner to assure maximum coverage, Contact the Social Security Administration office to enroll for Medicare. If this Plan is secondary, benefits under this Plan will be coordinated with the dollar amount that Medicare will pay, subject to the rules and regulations specified by federal law. Medicare and COBRA. For most COBRA beneficiaries, Medicare rules state that Medicare will be primary to COBRA continuation coverage, and this would apply to this Plan's Continuation of Benefits (COBRA) coverage. RB785 - Restated 1/1/07 47 Agenda Item No. 16E1 March 27, 2007 Page 54 of 83 Benefits are payable only upon the Covered Person's acceptance of the terms of the Plan. As a condition to receiving benefits under this Plan, a Covered Person agrees: SUBROGA liON 1. To serve as a constructive trustee, and to hold in constructive trust such money or property resulting from any payments or settlement proceeds and agrees that they will not dissipate any such money or property without prior written consent of the Plan, regardless of how such money or property is classified or characterized, from any person, corporation, entity, no-fault carrier, uninsured motorist carrier, underinsured motorist carrier, other insurance policies for funds; and 2. To restore to the Plan any such benefits paid or payable to, or on behalf of, the Covered Person when said benefits are paid or established by any person, corporation, entity, no-fault carrier, uninsured motorist carrier, underinsured motorist carrier, other insurance policies for funds; and 3, To refrain from releasing any party, person, corporation, entity, insurance company, insurance policies orfunds that may be liable for or obligated to the Covered Person for the Injury or condition without obtaining the Plan's written approval; and 4. Without limiting the preceding, to subrogate the Plan to any and all claims, causes of action or rights that they have or that may arise against any person, corporation and/or other entity and to any coverage, no-fault coverage, uninsured motorist coverage, underinsured motorist coverage, other insurance policies or funds ("Coverage") for which the Covered Person claims an entitlement to benefits under this Plan, regardless of how classified or characterized. In the event a Covered Person settles, recovers, receives, or is reimbursed by any first or third party or Coverage, the Covered Person agrees that they are a constructive trustee, and shall hold any such funds received in constructive trust for the benefit of the Plan, and to transfer title to the Plan for all benefits paid or that will be paid as a result of said Injury or condition. The Covered Person acknowledges that the Plan has a property interest in the Covered Person's settlement, recovery, or reimbursement, and that the Plan's subrogation rights shall be considered a first priority claim and shall be paid before any other claims for the Covered Person as the result of the Illness or Injury, regardless of whether the Covered Person is made whole. If the Covered Person fails to reimburse the Plan for all benefits paid or to be paid, as a result of said Injury or condition, out of any recovery or reimbursement received, the Covered Person will be liable for any and all expenses (whether fees or costs) associated with the Plan's attempt to recover such money from the Covered Person. The Covered Person shall execute and return a Subrogation Agreement to the Plan Administrator and shall supply other reasonable information and assistance as requested by the Plan Administrator regarding the claim or potential claim. If the Subrogation Agreement is not executed and returned or if information and assistance is not provided to the Plan Administrator upon request, no benefits will be payable under the Plan with respect to costs incurred in connection with such Illness or Injury. If the Covered Person (or guardian or estate) decides to pursue a first or third party or any Coverage available to them as a result of the said Injury or condition, the Covered Person agrees to include the Plan's subrogation claim in that action and if there is failure to do so the Plan will be legally presumed to be included in such action or recovery, In the event the Covered Person decides not to pursue any and all first or third parties or Coverage, the Covered Person authorizes the Plan to pursue, sue, compromise or settle any such claims in their name, to execute any and all documents necessary to pursue said claims in their name, and agrees to fully cooperate with the Plan in the prosecution of any such claims. The Covered Person (or guardian or estate) agrees to take no prejudicial actions against the subrogation rights of the Plan or to in any way impede the action taken by the Plan to recover its subrogation claim. Such cooperation shall include a duty to provide information, execute and deliver any acknowledgment and other legal instruments documenting the Plan's subrogation rights and take such action as requested by the Plan to secure the subrogation rights of the Plan. The Plan will not payor be responsible, without its written consent, for any fees or costs associated with a Covered Person pursuing a claim against any Coverage or first or third party. The Plan Administrator retains sole and final discretion for interpreting the terms and conditions of the Plan document. The Plan Administrator may amend the Plan in its sole discretion at anytime without notice. This right of subrogation shall bind the Covered Person's guardian(s), estate, executor, personal representative, and heir(s). RB785 - Restated 1/1/07 48 Agenda Item No. 16E1 REIMBURSEMENT RIGHTS March 27, 2007 Page 55 of 83 The Covered Person, by accepting benefits under this Plan, agrees to hold in constructive trust any money or property resulting from any recovery, insurance payments or settlement proceeds, first or third party payments, settlement proceeds or judgment for the Plan's benefits under this provision. If a Covered Person fails to reimburse the Plan for all benefits paid or to be paid, as a result of their Illness or Injury, out of any recovery or reimbursement received, the Covered Person will be liable for any and all expenses (whether fees or costs) associated with the Plan's attempt to recover such money from the Covered Person. This right of reimbursement shall bind the Covered Person's guardian(s), estate, executor, personal representative, and heir(s). RIGHTS OF RECOVERY In the event of any overpayment of benefits by this Plan, the Plan will have the right to recover the overpayment. If a Covered Person is paid a benefit greater than allowed in accordance with the provisions of this Plan, the Covered Person will be required to refund the overpayment. If payment is made on behalf of a Covered Person to a Hospital, Physician or other provider of health care, and the payment is found to be an overpayment, the Plan will request a refund of the overpayment from the provider. If the refund is not received from the provider, or from the Covered Person, the amount of the overpayment will be deducted from future benefits, if available. If future benefits are not available, the Covered Person will be required to refund the overpayment. RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION For the purposes of implementing the terms of this Plan, the Contract Administrator retains the right to request any medical information from any insurance company or provider of service it deems necessary to properly process a claim. The Contract Administrator may, without consent of the Covered Person, release or obtain any information it deems necessary. Any person claiming benefits under this Plan shall furnish to the Contract Administrator such information as may be necessary to implement this provision. RB785 - Restated 1/1/07 49 NOTICE TO PLAN PARTICIPANTS Agenda Item No. 16E1 March 27, 2007 Page 56 of 83 regarding MASTECTOMY RELATED COVERAGE The Women's Health and Cancer Rights Act of 1998 The "Women's Health and Cancer Rights Act of 1998" was signed into law as part of the Omnibus Budget Bill on October 21, 1998. This act amends ERISA and the Public Health Service Act by requiring that group health plans provide certain coverages to plan participants in connection with mastectomies. Effective with your plan anniversary on or after October 21, 1998 or on the effective date of any new policy issued on or after October 21, 1998, a participant who elects breast reconstruction in connection with such covered mastectomy shall have coverage for: 1. Reconstruction of the breast on which the mastectomy has been performed; 2. Surgery and reconstruction of the other breast to produce a symmetrical appearance; and 3. Prostheses and physical complications for all stages of mastectomy, including Iymphedemas; in a manner determined in consultation with the attending Physician and the patient. Such coverage may be subject to annual Deductibles, Co-insurance, and provisions consistent with those established for other benefits under the Plan. This Plan is administered in accordance with the regulations set forth in this Act or plan provisions that may be applicable. RB785 - Restated 1/1/07 50 GENERAL PROVISIONS Agenda Item No. 16E 1 March 27, 2007 Page 57 of 83 NOTICE OF CLAIM Written notice of a claim and all information needed to process the claim must be given to the Contract Administrator as soon as reasonably possible and in no event, later than one year from the date such claim is incurred, RECORDS For the purposes of claims administration, each Covered Person authorizes and directs any provider that has attended, examined, or treated them to fumish to the Contract Administrator, at any time upon its request, any and all information, records or copies of records relating to the attendance, examination or treatment rendered to the Covered Person; and the Contract Administrator agrees that such information and records will be considered confidential. Further, any charges imposed relative to the acquisition of such information will be absorbed by the Covered Person, except as specified in the Schedule of Benefits. CLAIM DETERMINATION Urgent Care Claims: Determination for any pre-service Urgent Care Claims (whether adverse or not) must take place as soon as possible but not longer than seventy-two (72) hours, unless the Claimant fails to provide sufficient information to determine whether, or to what extent, benefits are covered or payable under the Plan. In the case of such failure, the Contract Administrator shall notify the Claimant as soon as possible, but not later than twenty-four (24) hours after receipt of the claim by the Plan, of the specific information necessary to complete the claim. The Claimant will be afforded a reasonable amount of time, taking into account the circumstances, but not less than forty-eight (48) hours, to provide the specified information. The Contract Administrator shall notify the Claimant of the Plan's benefit determination as soon as possible, but in no case later than forty-eight (48) hours after the earlier of: 1. The Plan's receipt of the specified information: or 2. The end of the period afforded the Claimant to provide the additional information. Urgent Care Claims must be decided within seventy-two (72) hours. There is no extension of time allowed for claims involving urgent care. Pre-Service Claims: Pre-Service Claims must be decided within a maximum offifteen (15) days at the initial level and up to thirty (30) days following an Adverse Benefit Determination. In the case of a failure by a Claimant or an Authorized Representative of a Claimant to follow the Plan's procedures for filing a Pre-Service Claim, the Claimant or representative shall be notified of the failure and the proper procedures to be followed in filing a Claim for Benefits. This notification shall be provided to the Claimant or Authorized Representative, as appropriate, as soon as possible, but not later than five (5) days following the failure. Notification may be oral, unless written notification is requested by the Claimant or Authorized Representative. Post-Service Claims: Post-Service Claims must be decided within thirty (30) days for the initial decision and a maximum of sixty (60) days on review. Filing Extensions: The Plan may extend determination on both Pre-Service and Post-Service Claims for one additional period of fifteen (15) days after expiration of the relevant initial period, if the Contract Administrator determines that such an extension is necessary for reasons beyond the control of the Plan. Delays caused by cyclical or seasonal fluctuations in claims volume are not considered to be matters beyond the control of the Plan that would justify an extension. If the reason for taking the extension is the failure of the Claimant to provide necessary information, the time period for making the determination is tolled from the date on which notice of the necessary information is sent to the Claimant until the date on which the Claimant responds to the notice. The time periods for making a decision are considered to commence when a claim is filed in accordance with the reasonable filing procedures of the Plan, without regard to whether all the information necessary to decide the claim accompanies the filing. Concurrent Care Decisions: If a Plan has approved an ongoing course of treatment to be provided over a period of time, or number of treatments, any reduction or termination by the Plan (other than by plan amendments or termination) before the end of such period of time or number of treatments shall be considered an Adverse Benefit Determination. The Contract Administrator shall notify the Claimant of the Adverse Benefit Determination at a time sufficiently in advance of the reduction or termination to allow the Claimant to appeal and obtain a determination on review of that Adverse Benefit Determination RB785 - Restated 1/1/07 51 before the benefit is reduced or terminated. Agenda Item No. 16E1 March 27, 2007 Page 58 of 83 RB785 - Restated 1/1/07 52 Agenda Item No. 16E1 Any request by a Claimant to extend the course of treatment beyond the period of time or number of treaMiHRtsfd",r: ~BlMm involving urgent care, shall be decided as soon as possible, taking into account the medical exigencies, c1n~ti~e8h#~ct Administrator shall notify the Claimant of the benefit determination, whether adverse or not, within twenty-four (24) hours after receipt of the claim by the Plan, provided that any such claim is made to the Plan at least twenty-four (24) hours prior to the expiration of the prescribed period of time or number of treatments. Adverse Benefit Determination: The notice of an Adverse Benefit Determination will either include the protocol in which it was based upon or a statement that a protocol was relied upon and that a copy is available free of charge upon request by the Claimant. Notification of an Adverse Benefit Determination (at both the initial level and on review) based on Medical Necessity, Experimental treatment, or other similar exclusion or limit will be explained as to the scientific or clinical judgment of the Plan to the Claimant's medical circumstances, or an explanation will be provided free of charge to the Claimant upon request. Where the Plan utilizes a specific internal rule or protocol, it must furnish the protocol to the Claimant or their Authorized Representative upon request. Authorized Representative: The Plan will recognize an Authorized Representative, including a health care provider, acting on behalf of a Claimant. The Plan will recognize a Health Care Professional with knowledge of a Claimant's medical condition as the Claimant's representative in connection with an Urgent Care Claim. Procedures will be established by the Plan for verifying that an individual has been authorized to act on behalf of a Claimant. RIGHT OF REVIEW AND ApPEAL A Claimant has up to one hundred eighty (180) days to file an appeal of an Adverse Benefit Determination. As part of the appeal process, a Covered Person has the right to (a) review this Plan and other relevant documents, (b) argue against the denial in writing, and (c) have a representative act on behalf of the Covered Person in the appeal. All relevant documents will be provided free of charge, upon request by the Claimant, after receiving an Adverse Benefit Determination. A document, record or other information is considered relevant if it was relied upon in making the benefit determination, if it was considered or generated in the course of making the benefit determination, if it demonstrates compliance with the administrative processes, or if it constitutes a statement of policy or guidance with respect to the Plan concerning the denied treatment option or benefit for the Claimant's diagnosis, without regard to whether such advice or statement was relied upon in making the determination. If the Claimant or an Authorized Representative appeals an Adverse Benefit Determination, the Contract Administrator will respond to the appeal within seventy-two (72) hours for an Urgent Care Claim, thirty (30) days for a Pre-Service Claim, and sixty (60) days for a Post-Service Claim. The notice will specify the reason for the denial or describe the additional information required to process the claim. Written denial will include: 1. Specific reasons for denial with reference to the Plan Document section(s); 2. A description and need for any other material pertinent to the claim; and 3. An explanation of this Plan's review procedure and the names of any medical professionals consulted as part of the claims process. A full and fair review of an Adverse Benefit Determination will be performed by an appropriate named fiduciary, who is neither the party who made the initial adverse determination, nor the subordinate of such person. The review will not defer to the initial Adverse Benefit Determination. The review will take into account all comments, documents, records and other information submitted by the Claimant, without regard to whether such information was previously submitted or considered in the initial determination. If the review results in another Adverse Benefit Determination, it shall include specific reasons for denial, written in a manner understandable to the Covered Person, and will contain specific reference to the pertinent Plan provisions upon which the decision was based. A Covered Person must follow the Right of Review and Appeal procedures listed above before initiating any legal actions. These are the Covered Person's administrative remedies, which must be exhausted before legal action may be pursued. If the Plan fails to provide procedures in compliance with the regulation, or the required procedures, the Claimant is deemed to have exhausted the administrative remedies and is free to pursue legal action on the basis that the Plan has failed to provide a reasonable claims procedure that would yield a decision on the merits of the claim. RB785 - Restated 1/1/07 53 Agenda Item No. 16E 1 No legal action involving this Plan or its administration shall be allowed or brought after the expirationvl:ifmc?J2i9Bars following the date any eligible expense is incurred, or one year following the date of the Adverse Benefir"QfMffiiR~Hdn, whichever is the shorter period. PLAN INTERPRETATION All decisions concerning the interpretation or the application of this Plan and its terms shall be at the discretion of the Plan Administrator. PERIODIC REPORT Within one month following the date of any change in the group of employees and dependents covered, the Employer shall furnish the Contract Administrator the names of all employees who have become covered or cease to be covered since the date of the previous reports. Failure on the part of the Employer to report the name of any employees or dependents who are eligible for coverage, shall not deprive such persons of their benefits under the Plan; nor shall failure on the part of the Employer to report any termination of any employee or dependent, obligate the Plan to continue such benefits beyond the date of termination. CHOICE OF PHYSICIAN The Covered Person shall have the free choice of any legally qualified Physician and the Physician-patient relationship shall be maintained, AFFILIATED COMPANIES Any of the Employer's affiliates, subsidiaries or divisions may be deleted or added to the Plan upon written notice by the Employer on or before the date such deletion or addition is effective. EMPLOYEE CONTRIBUTION Participation in this Plan is entirely voluntary. The Employer reserves the right to modify the amount of any employee contributions, No CONTRACT OF EMPLOYMENT This Plan is not intended to be, and may not be construed as constituting a contract or other arrangement between the employee and the Employer to the effect that the employee will be employed for any specific period of time. INSPECTION OF PLAN DOCUMENT Upon request, the Employer shall make this Plan Document available for inspection by any Covered Person at a reasonably accessible place, AMENDMENT OR TERMINATION OF THE PLAN The Plan may be amended or terminated at any time without prior notice and, except as otherwise provided, in any manner, by written authorization and signed by one of the following officers of the Employer: Chief Executive Officer, Chief Financial Officer, President, Vice President, or by any other officer to whom the Employer's Board of Directors delegates the authority to amend the Plan, It is the intent of this Plan to comply with all applicable Federal and State laws. Wherever this Plan is in conflict with either Federal or State law, the Federal or State law will prevail, unless exempt from either law, RB785 - Restated 1/1/07 54 INSTRUCTIONS FOR SUBMISSION OF CLAIMS Agenda Item No. 16E 1 March 27, 2007 Page 61 of 83 All claims submitted should include all of the following: 1. Employee's name, identification number and home address. 2. If claim is made for a dependent, the dependent's name, Employer and age. 3. Employer's name and group number. 4, Name and address of the Physician or Hospital. 5, Physician's diagnosis, 6, Itemization of charges. 7. Date the Injury or Illness began. 8. Drug bills (not cash register receipts) showing RX number, name of drug, date prescribed. and name of person for whom drug is prescribed. Claims Processing Procedures: Acceptable claims forms, bills and/or documents: 1. HCFA/UB or ADA Dental Claim Forms; or 2. Superbills - any submitted claim form with Ell of the following information: (a) Detail of procedure performed (b) Detailed breakdown of charges (c) Diagnosis (d) Date of service (e) Federal Tax Identification Number (TIN) and address of provider A claim submitted with all of the above information included will be processed, unless additional information is required to complete the claim. Additional information that may be required to process a claim may include, but is not limited to the following: 1. Coordination of Benefits - Other Insurance Coverage 2, COBRA eligibility 3. Parental custody 4. Legal responsibility for dependent child health coverage 5. Divorce decree 6. Medicare eligibility 7. Full-Time Student status 8. Certificate of Creditable Coverage 9. Medical history information 10. Injury or Accident information. When the Contract Administrator receives a billing with the required information. the Contract Administrator will process it in accordance with the time frames for Post-Service Claims, Pre-Service Claims and Urgent Care Claims, and in accordance with all other Plan provisions, and in accordance with eligibility and claim information on file. The Contract Administrator will provide a notice of benefit determination or a notice of Adverse Benefit Determination to the Covered Person's designated address, Please direct all questions regarding claims to: CBSA PERFORMAX P.O. Box 27267 Minneapolis, MN 55427-0267 (952) 546-0062 (800) 925-2272 Please direct all claims to the address shown on the 10 card. RB785 - Restated 1/1/07 55 Agenda Item No. 16E1 Every attempt will be made to help Covered Persons understand their benefits; however, any state~fR,ide26lflBn employee of the Employer or the Contract Administrator will be deemed a representation and not a warranty. a~Ct&~ 8kti~fit payment can only be determined at the time the claim is submitted and all facts are presented in writing. If a definite answer to a specific question is required, please submit a written request, including all pertinent information, and a statement from the attending Physician (if applicable), and a written reply (which will be kept on file) will be sent. RB785 - Restated 1/1/07 56 Agenda Item No. 16E1 USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATIONMarch 27, 2007 Page 63 of 83 SECTION 1 . USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION (PHI) This Plan will use protected health information (PHI) to the extent of and in accordance with the uses and disclosures permitted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Specifically, the Plan will use and disclose PHI for purposes related to health care treatment, payment for health care and health care operations. Payment includes activities undertaken by the Plan to obtain premiums or determine or fulfill its responsibility for coverage and provision of plan benefits that relate to an individual to whom health care is provided. These activities include, but are not limited to, the following: 1. Determination of eligibility; 2. Coverage and cost sharing amounts (for example, cost of a benefit, plan maximums and co-payments as determined for an individual's claim); 3. Coordination of Benefits; 4. Adjudication of health benefit claims (including appeals and other payment disputes); 5. Establishing employee contributions; 6. Risk adjusting amounts due based on enrollee health status and demographic characteristics; 7. Billing, collection activities and related health care data processing; 8. Claims management and related health care data processing, including auditing payments, investigating and resolving payment disputes and responding to participant inquiries about payments; 9. Obtaining payment under a contract for reinsurance (including stop-loss and excess loss insurance); 10. Medical Necessity reviews or reviews of appropriateness of care or justification of charges; 11. Utilization review, including pre-authorization, concurrent review and retrospective review; 12. Disclosure to consumer reporting agencies related to the collection of premiums or reimbursement (the following PHI may be disclosed for payment purposes: name and address, date of birth, Social Security Number, payment history, account number and name and address of the provider and/or health plan); and 13. Reimbursement to the Plan. Health care operations include, but are not limited to, the following activities: 1. Quality assessment; 2. Population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, disease management, contacting health care providers and patients with information about treatment alternatives and related functions; 3. Rating provider and plan performance, including accreditation, certification, licensing or credentialing activities; 4. Underwriting, premium rating and other activities relating to the creation, renewal or replacement of a contract of health insurance or health benefits, and ceding, securing or placing a contract for reinsurance of risk relating to health care claims (including stop-loss insurance and excess loss insurance); 5. Conducting or arranging for medical review, legal services and auditing functions, including fraud and abuse detection and compliance programs; 6. Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the Plan, including formulary development and administration, development or improvement of payment methods or coverage policies; 7. Business management and general administrative activities of the Plan, including, but not limited to: (a) Management activities relating to the implementation of and compliance with HIPAA's administrative simplification requirements; or (b) Customer service, including the provision of data analyses for policyholders, plan sponsors or other customers; 8. Resolution of internal grievances; and 9. Due diligence in connection with the sale or transfer of assets to a potential successor in interest, if the potential successor in interest is a "covered entity" under HIPAA or, following completion of the sale or transfer, will become a covered entity. SECTION 2 - THE PLAN WILL USE AND DISCLOSE PHI AS REQUIRED BY LAW AND AS PERMITTED BY AUTHORIZATION OF THE PARTICIPANT OR BENEFICIARY With an authorization, the Plan will disclose PHI to the benefit plans or other separate plans of this Employer. RB785 - Restated 1/1/07 57 Agenda Item No. 16E1 SECTION 3 - FOR PURPOSES OF THIS SECTION, THE EMPLOYER IS THE PLAN SPONSOR March 27, 2007 Page 64 of 83 The Plan will disclose PHI to the Plan Sponsor only upon receipt of a certification from the Plan Sponsor that the plan documents have been amended to incorporate the following provisions. SECTION 4 - WITH RESPECT TO PHI, THE PLAN SPONSOR AGREES TO CERTAIN CONDITIONS The Plan Sponsor agrees to: 1. Not use or further disclose PHI other than as permitted or required by the plan document or as required by law; 2. Ensure that any agents, including a subcontractor and the Contract Administrator, to whom the Plan Sponsor provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Plan Sponsor with respect to such PHI; 3. Not use or disclose PHI for employment-related actions and decisions unless authorized by an individual; 4. Not use or disclose PHI in connection with any other benefit or employee benefit plan of the Plan Sponsor unless authorized by an individual; 5. Report to the Plan any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which it becomes aware; 6. Make PHI available to an individual in accordance with HIPAA's access requirements; 7, Make PHI available for amendment and incorporate any amendments to PHI in accordance with HIPAA; 8. Make available the information required to provide an account of disclosures; 9. Make internal practices, books and records relating to the use and disclosure of PHI received from Plan available to the HHS Secretary for the purposes of determining the plan's compliance with HIPAA; and 10. If feasible, return or destroy all PHI received from the Plan that the Plan Sponsor still maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible), SECTION 5 - ADEQUATE SEPARATION BETWEEN THE PLAN AND THE PLAN SPONSOR MUST BE MAINTAINED In accordance with HIPAA, only the following employees or classes of employees may be given access to PHI: 1. The Benefits Manager or other authorized representative of the Plan; and/or 2. Staff designated by the Benefits Manager or other authorized representative of the Plan. SECTION 6 - LIMITATIONS OF PHI ACCESS AND DISCLOSURE The persons described in Section 5 may only have access to and use and disclose PHI for plan administration functions that the Plan Sponsor performs for the Plan. SECTION 7 - NONCOMPLIANCE ISSUES If the persons described in Section 5 do not comply with this plan document, the Plan Sponsor shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions. SECTION 8 - SECURITY OF ELECTRONIC PHI To the extent required by 45 C.F.R. section 164.314(b), except when the only electronic PHI disclosed to the Plan Sponsor is disclosed pursuant to 45 C.F.R. section 164.504(f)(1 )(ii) or (iii), or as authorized under 45 C.F.R. section 164.508, the Plan Sponsor will reasonably and appropriately safeguard electronic PHI created, received, maintained, or transmitted to or by the Plan Sponsor on behalf of the Plan. In accordance with the foregoing, the Plan Sponsor shall: 1, Implement administrative, physical, and technical safeguards that reasonably and appropriately protect confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains or transmits on behalf of the Plan; 2. Ensure that the adequate separation required by 45 C.F.R. section 164.504(f)(2)(iii) is supported by reasonable and appropriate security measures; 3. Ensure that any agent, including a subcontractor, to whom the Plan Sponsor provides this information agrees to implement reasonable and appropriate security measures to protect the information; and 4. Report to the Plan any security incident of which it becomes aware. RB785 - Restated 1/1/07 58 Agenda Item No. 16E1 March 27, 2007 Page 65 of 83 RB785 - Restated 1/1/07 59 Agenda Item No, 16E 1 March 27, 2007 Page 66 of 83 COLLIER COUNTY GOVERNMENT FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION (Amended 1/1/2007) Agenda Item No. 16E1 March 27,2007 Page 67 of 83 SUMMARY PLAN DESCRIPTION OF COLLIER COUNTY GOVERNMENT FLEXIBLE BENEFITS PLAN Dear Participant: Collier County Government has adopted the Flexible Benefits Plan for the exclusive benefit of you and all Participating Employees. Its purpose is to reward you for loyal service by enabling you to select certain employee benefits that will best fit your individual needs in a tax-effective manner. If you elect to use the benefits of the Flexible Benefits Plan, you may realize savings of income taxes and Social Security taxes. Collier County Government has established this Plan with the intention that it will be continued indefinitely, but Collier County Government does reserve the power to amend or terminate this Plan at any time, The Plan is a written document which sets forth the provisions of this fringe benefit program. In order to find out how the program affects you and your family, you may read the actual document (copies are available to you at the offices of Collier County Government, the Plan Administrator during regular business hours). However, in order to help you understand this program, we have condensed your Plan into a series of questions and answers which summarize and explain the provisions and benefits available under the program. If you want additional information about the Plan, please contact the Risk Management Director at the address or phone number listed in the Important Information section, This summary is not meant to interpret, extend or change the Plan in any way, In case of a conflict between this summary and the actual provisions of the Plan, the provisions of the Plan will govern your rights and benefits. IMPORTANT INFORMATION Effective Date: Amended Date: January 1, 1992 January1, 2007 Plan Year: January 1 through December 31 Benefit Option(s): Pre-tax premium payment for group insurance, Health FSA, and DCAP. Employer: Collier County Government 3301 E, Tamiami Trail Naples, Florida 34112 239-774-8966 Employer Identification Number: 59-6000558 Plan Number: 510 Plan Administrator: Collier County Government Contact(s) at Plan Administrator: Group Insurance Manager Address: 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239-774-8966 Number of Flex Deductions: From 24 payroll checks. 1 Agenda Item No. 16E1 March 27, 2007 Page 68 of 83 Maximum Allocation: Health FSA: $5,000 DCAP: $2,500/$5,000* *See "DCAP" under Question #2 Changes in Status: CBSA and Collier County Government must be notified within 30 days of the change in status event. See Question #10. Continuation Coverage (COBRA): If you terminate participation in the Flex Plan you will have 60 days after the date of termination to elect continuation coverage under COBRA if you qualify. See Question #13. Where to Send Claims: Flexible Benefits Department Corporate Benefit Services of America, Inc. (CBSA) P,O. Box 27847 Minneapolis, MN 55427-08470 Deadline to Submit Claims to CBSA: Five business days prior to Flex Reimbursement. End of Plan Year: You will have 90 days after the end of the plan year to submit claims incurred through December 31. See Question #22. Upon Termination: See Question #11. Flex Checks: Reimbursement checks will be mailed to your home each week. Minimum Reimbursement: $10.00 ELIGIBILITY 1, When am I eligible to join the Plan? A part-time or full-time employee of Collier County Government (other than an Excluded Employee) who works twenty (20) or more hours per week on a regular basis is eligible to participate in the Plan, An Employee employed on the Effective Date, who has met the eligibility requirements, may elect to participate on the Effective Date. Any other Employee who elects to become a Participant will become a Participant in the Plan on the date of hire if hired on the first day of the month. If hired after the first of the month an Employee may elect to become a participant effective the first day of the following month provided the Employee meets the eligibility requirements. Any Employee who does not elect to participate in the Plan on the date the Employee first becomes eligible, may later elect to begin participating as of the first day of any subsequent Plan Year, except for a Change in Status. A qualifying retiree of Collier County Government who meets the requirement of Florida Statute 112.0801 is eligible to participate in the Plan and may elect to participate effective the first day of the month following retirement. Any qualifying retiree who does not elect to participate in the Plan on the date the Retiree first becomes eligible, may later elect to begin participating as of the first day of any subsequent Plan Year, except for a Change in Status. "Employee" means an individual that the Employer classifies as a common-law employee and who is on the Employer's W-2 payroll, except that the term does not include any common-law employee who is a leased employee, or any common-law employee classified by the Employer as a contract worker, independent contractor, temporary employee or casual employee. "Employee" also does not include any individual who performs services for the Employer but who is paid by a temporary or other employment or staffing agency, nor any employer covered under a collective bargaining agreement (unless the collective bargaining agreement provides otherwise), 2 Agenda Item No. 16E 1 March 27,2007 Page 69 of 83 Those Employees who actually participate in the Plan are called "Participants." An Employee continues to participate until (a) the end of the Plan Yearfor which the election to participate was made, unless the Participant elects during the Open Enrollment Period (defined in Question 7) to continue participation; (b) the termination of the Plan; (c) the date on which the Participant ceases to be an eligible Employee (because of retirement, termination of employment, layoff, reduction in hours, or for any other reason), except that eligibility may continue beyond such date for purposes of pre-taxing COBRA coverage as may be permitted by the Administrator on a uniform and consistent basis (but not beyond the current Plan Year); or (d) the Participant revokes his or her election, as described in Question 10. If your Employer is a Subchapter S-Corporation, you are excluded from participation if you own more than 2% of the shares in Collier County Government, or if you are the spouse, lineal ascendant or lineal descendant of an individual who owns more than 2% of the shares in Collier County Government. If Collier County Government is a Limited Liability Corporation, and you are an Owner of or Partner in this company you are also excluded from participation in this Plan. If an Excluded Employee who is not a Participant becomes eligible to participate in the Plan by reason of a change in employment classification, he will participate in the Plan immediately if he has satisfied the eligibility conditions and would have been a Participant had he not been an Excluded Employee during his period of service. CONTRIBUTIONS AND BENEFITS 2. What are the benefits available to me? Collier County Government provides you with the opportunity to use pre-tax dollars to pay for one or more of the Benefit Options listed above in the Important Information section. By entering into a compensation reduction arrangement you elect to pay for the benefits with pre-tax dollars instead of receiving a corresponding amount of your regular pay. Altematively, you may choose to pay for any of the available benefits with after-tax contributions on a payroll reduction basis. Health Flexible Spending Arrangement (Health FSA): Also called a medical expense reimbursement account. The Health FSA enables you to pay expenses which are not covered by an insured or self-insured medical plan and save taxes at the same time. The account allows reimbursement of out-of-pocket expenses incurred by you and your dependents, which meet the criteria for deductibility as medical expenses under Code Section 213(d), or prevailing IRS guidelines. During the course of the Plan Year you may submit requests for reimbursement of qualified medical, dental and vision expenses you have incurred during the Plan Year. An expense is considered incurred when the service that gives rise to the expense is provided, not when the expense was paid. Note that if you have paid for the expense but the service has not yet been rendered, then the expense has not been incurred for this purpose. Collier County Government will provide you with acceptable forms for submitting these requests for reimbursements. If the request qualifies as a benefit or expense that the Plan has agreed to pay for, you will receive a reimbursement payment soon thereafter. Remember, these reimbursements which are made from the Plan are not subject to Federal income tax or withholding. Any monies left in your Health FSA at the end of the Plan Year will be forfeited, unless eligible for reimbursement during the grace period see question #16. Obviously, qualifying expenses that you incur late in the Plan Year for which you seek reimbursement after the end of such Plan Year will be paid first before any amount is forfeited. However, you must make your requests for reimbursement no later than 90 days after the end of the Plan Year, or within the 2 % month grace period of the new Plan Year. Because it is possible that you might forfeit amounts in your Health FSA if you do not fully use the contributions that have been made, it is important that you decide how much to place in the Health FSA carefully and conservatively. Remember, you must decide how much to place in the Health FSA before the Plan Year begins. You want to be as certain as you can that the amount you decide to place in the Health FSA will be used up entirely. The maximum amount of Flexible Dollars that you can allocate to your Health FSA each Plan Year for Qualified Expenses shall be determined by the Employer prior to the beginning of each Plan Year and such amount for the Plan Year shall not exceed $5,000. 3 Agenda Item No. 16E 1 March 27,2007 Page 70 of 83 Dependent Care Assistance Program (DCAP): Also called a Dependent Care Expense Reimbursement Account. The DCAP enables you to pay for out-of-pocket, work-related dependent daycare costs with pre-tax Flexible Dollars. If you are married, you can use the account if you and your spouse both work or, in some situations, if your spouse is disabled or goes to school full-time. Single Employees can also use the account. An eligible dependent is any member of your household for whom you can claim expenses on Federal Income Tax Form 2441 "Credit for Child and Dependent Care Expenses". If you choose to utilize the dependent care portion of the Flex plan, you should review the IRS Tax Form 2441 for proper tax reporting. Children must be under age thirteen (13). Other dependents must be physically or mentally unable to care for themselves. Dependent Care arrangements which qualify include: a. A Dependent (Day) Care Center, so long as care is provided for more than six (6) individuals. The facility must comply with applicable state and local laws; b. An "Individual" who provides care inside or outside your home. The "Individual" may not be a child of yours under age nineteen (19) or anyone who you claim as a dependent for Federal tax purposes. You should make sure that the dependent care expenses you are currently paying qualify under our Plan. The law places limits on the amount of money that you can contribute to the DCAP. Also, Federal tax laws permit a tax credit for certain dependent care expenses you may be paying for even if you are not a participant in this Plan. You may save more money if you take advantage of this tax credit rather than using the DCAP under our Plan, If you are uncertain, you should ask your tax adviser which is better for you. During the course of the Plan Year, you may submit requests for reimbursement of qualified dependent care expenses you have incurred during the Plan Year. An expense is considered incurred when the service that gives rise to the expense is provided; when the expense is paid is irrelevant. Collier County Government will provide you with acceptable forms for submitting these requests for reimbursements. If the request qualifies as a benefit or expense that the Plan has agreed to pay and if you have sufficient Flexible Dollars in your DCAP, you will receive a reimbursement payment soon thereafter, Remember, these reimbursements which are made from the Plan are not subject to Federal income tax or withholding. Any monies left in your DCAP at the end of the Plan Year will be forfeited. Obviously, qualifying expenses that you incur late in the Plan Year for which you seek reimbursement after the end of such Plan Year will be paid first before any amount is forfeited. However, you must make your requests for reimbursement no later than 90 days after the end of the Plan Year, Because it is possible that you might forfeit amounts in your DCAP if you do not fully use the contributions that have been made, it is important that you decide how much to place in the DCAP carefully and conservatively. Remember, you must decide how much to place in the DCAP before the Plan Year begins. You want to be as certain as you can that the amount you decide to place in the DCAP will be used up entirely. You may choose any amount of Dependent Care Expense reimbursement that you desire under the DCAP, subject to the maximum reimbursement amounts described below. You will be required to pay the annual DCAP election amount equal to the coverage level you have chosen. The amount of Dependent Care Expense reimbursement that you choose cannot exceed the maximum amount specified in Code Section 129. The maximum amount is currently $5,000 for a calendar year if you: . are married and file a joint return; · are married, but you furnish more than half the cost of maintaining those Dependents for whom you are eligible to receive tax-free reimbursement under the DCAP, your Spouse maintains a separate residence for the last six months of the calendar year, and you file a separate tax return; or . are single or are the head of the household for tax purposes. If you are married and reside with your Spouse but you file a separate federal income tax return, then the maximum DCAP Benefit that you may elect is $2,500 for a calendar year. The above maximum ($5,000 or $2,500 for a calendar year, as applicable) applies to the amount that you may elect under this Plan and any plan of your Spouse. However, the above maximum is just the greatest amount that is possible; the election amount that applies to you may be less than the above maximum because of other limitations, as described below (for example, note that reimbursement cannot exceed the amount of your or your Spouse's earned income for the Plan Year). 4 Agenda Item No. 16E1 March 27, 2007 Page 71 of 83 No reimbursement will be made to the extent that such reimbursement would exceed the balance in your DCAP Account. In addition, no reimbursement will be made to the extent that such reimbursement, when combined with the total amount of reimbursements made for the Plan Year, would exceed the applicable statutory limit. Your applicable statutory limit is the smallest of the following amounts: . your earned income for the calendar year (after your Salary Reductions under the Plan); . the earned income of your Spouse for the calendar year (your Spouse will be deemed to have earned income of $250 ($500 if you have two or more Qualifying Individuals), for each month in which your Spouse is (a) physically or mentally incapable of self-care; or (b) a full-time student); or . either $5,000 or $2,500 for the calendar year, depending on your marital and tax filing status. Premium Payment Benefit: If you elect to participate in the Premium Payment Benefit you will be able to pay your share of premiums for qualified benefit plans with pre-tax dollars by entering into an Election Form/Salary Reduction Agreement with Collier County Government. This means that the share of the premiums you pay will be with pre-tax funds, which saves you Social Security and income taxes on the amount of your salary reduction. Qualified benefit plans are the plans that your Employer maintains for Employees, their Spouses and Dependents, providing benefits through a group policy. The Premium Payment Benefit also allows you to use tax-free Flexible Dollars to purchase group term life insurance coverage under the group term policies available from the Employer, if applicable. You may purchase additional group term life insurance coverage to the point where the total of coverage purchased by you and provided by the Employer equals $50,000. The Premium Payment Benefit also allows you to use tax-free Flexible Dollars to purchase disability coverage under the disability policies available from the Employer, if applicable. You should keep in mind that paying your disability premiums on a pre-tax basis will cause the disability benefits to become taxable. The disability benefits will also be taxable if nontaxable employer credits are used to purchase the coverage. The right is reserved for the Plan Administrator to terminate, suspend, withdraw or modify group benefits in whole or in part at any time, subject to the applicable provisions of the contracts providing benefits. Any benefits to be provided shall be provided only after: (1) the participant has provided the Plan Administrator the necessary information to apply for benefits; and (2) the coverage is in effect for such Participant. 3. How are my benefits paid? Health FSA and/or DCAP Benefits. When you complete the Election Form/Salary Reduction Agreement, you specify the amount of Health FSA and/or DCAP Benefits that you wish to pay with your salary reduction. From then on, you must pay a premium for such coverage(s) by having an equal portion of the annual premium deducted from each paycheck (unless otherwise agreed with, or as deemed appropriate by the Administrator), If you pay all of your premiums, your Health FSA and/or DCAP Account will be credited with the portion of your gross income that you have elected to give up through salary reduction. These portions will be credited as of each pay period. Your Employer makes no contribution to your Health FSA or DCAP Account. Premium Payment Benefit. If you select the group plan(s) described in Question 2, you may be required to pay a portion of the premiums for the benefits that you have selected, as described in documents furnished separately to you. When you complete the Election Form/Salary Reduction Agreement, you specify that your share of the premiums will be paid with that portion of gross income that you have elected to give up through pre- tax salary reductions. From then on, you must pay a premium for such coverage by having that portion deducted from each paycheck on a pre-tax basis (generally an equal portion from each paycheck, or an amount otherwise agreed to or as deemed appropriate by the Administrator). The Employer will not be liable to you if a benefits provider fails to provide any of the major medical benefits. The Employer may contribute all, some, or no portion of the Benefits that you have selected, as described in documents furnished separately to you. 5 Agenda Item No. 16E1 March 27,2007 Page 72 of 83 4. If I elect to participate in the Plan, how can this benefit me? This can best be shown by the following example: Employee A is married and has two (2) children, Employee A is an Employee at Example Company and earns $20,000 a year. Employee A decided to enroll in the Example Company Flexible Benefit Plan. Employee A elects to redirect $1,500 ($125 per month) of current compensation into the Plan to purchase benefits which would otherwise be purchased with after-tax dollars. With the Plan, Employee A is able to pay for the benefits with dollars that are not taxed. Employee A's disposable income with and without the Plan is shown below: With Without Flexible Benefit Flexible Benefit Plan Plan Gross salary $20,000 $20,000 Less: Compensation used to purchase benefits $ 1.500 Taxable salary $18,500 $20,000 Federal income tax (15%) $ 2,779 $ 3,004 State income tax (6%) $1,110 $ 1,200 Social security tax (FICA) (7.65%) $ 1 ,415 $ 1 ,530 Total taxes $ 5,304 $ 5,734 Salary after taxes $13,196 $14,266 Cost of benefits $ ----- $ 1 ,500 DISPOSABLE INCOME $13,196 $12,766 NET SAVINGS WITH PLAN $430 Employee A receives $430 ($13,196 minus $12,766) more per year in disposable income if Employee A elects to participate in the Plan. 5. If I elect to participate in the Plan, how does this affect my Social Security benefits? Participation in the Flexible Benefits Plan will normally result in Collier County Govemment and you making lower contributions to the Federal Social Security system. This is likely to reduce your Social Security contributions and could reduce your benefits, However, the tax savings that you realize through Plan participation will often more than offset any reduction in other benefits. 6. How do I elect to redirect my compensation and have it applied toward the cost of one or more of the optional benefits? After you complete the eligibility requirement described in Question 1, you become a Participant by signing an individual Election Form/Salary Reduction Agreement on which you elect one or more of the benefits available under the Plan, as well as agree to a salary reduction to pay for those benefits so elected, 7. What is the deadline to elect one or more of the optional benefits? You must complete the Election Form/Salary Reduction agreement and turn it in to the Human Resource Office within the time period specified by the Administrator of the Plan in the enrollment materials. Also, the Election Form/Salary Reduction Agreement will be made available to you during the Open Enrollment Period, and you will be given the opportunity during the Open Enrollment Period to elect your coverage for the 12 months beginning on the next January 1, called the "Plan Year." 6 Agenda Item No. 16E1 March 27,2007 Page 73 of 83 8. If I am a new Participant, when can I make my Salary Reduction Election? Collier County Government will provide you with the necessary election forms when you become eligible to participate. These forms must be completed and returned to Collier County Government before the beginning of the first pay period for which your agreement will apply. 9. What happens if I fail to return a completed election form to Collier County Government by the deadline? If you do not submit an election form to Collier County Government in the year which you first become eligible to participate, you will not have the opportunity to participate until the next Plan Year and may not enroll until the next Open Enrollment Period, except for a Change in Status. 10. Can I change or revoke my elections during the Plan Year? Generally, you cannot change your election to participate in the Plan or vary the salary reduction amounts you have selected during the Plan Year (known as the irrevocability rule), although your election will terminate if you are no longer eligible under the Plan (see Questions 11 and 13). There are several important exceptions to the irrevocability rule, known as Change in Election Events. "Change in Election Events" include the following events, as more fully described below: Leaves of absence, including FMLA leave (defined in Question 14); Change in Status; certain judgements, decrees and orders; Medicare and Medicaid; Change in Cost; and Change in Coverage. (Changes in Status, Cost and Coverage are defined below). However, the Change in Election Events do not apply for all Benefits - exclusions are described below for each such Event. If a Change in Election Event (including a Change in Status) occurs, you must inform Collier County Government and complete a new Election Form/Salary Reduction Agreement within 30 days of the occurrence. However, if the change involves a loss of your spouse's or dependent's eligibility for the Insurance Plan(s), it will be deemed effective immediately even if you do not request it within the 30 days. a. Leaves of Absence. (Applies to Premium Payment, Health FSA and DCAP Benefits). You may change an election under the Plan upon FMLA and non-FMLA leave only as described in Question 14, b. Change in Status. (Applies to Premium Payment Benefits, to Health FSA Benefits as Limited Below, and to DCAP Benefits as Limited Below.) If one or more of the following Changes in Status occurs, you may revoke your old election and make a new election, provided that both the revocation and new election are caused by and are consistent with the Change in Status (as described below). Those occurrences that qualify as a Change in Status include the events described below and any other events that Collier County Government (in its sole discretion) determines to be within prevailing IRS guidance: 1. a change in your legal marital status (such as marriage, divorce, annulment, legal separation or death of your spouse). "Spouse"means the person who is legally married to you and is treated as a spouse under the Internal Revenue Code (Code); 2. a change in the number of your dependents (such as birth of a child, adoption or placement for adoption of a Dependent, or the death of a dependent). "Dependent" means your tax dependent under the Code; 3. any of the following events that change the employment status of you, your Spouse, or your Dependent and that affects benefit eligibility under a cafeteria plan (including this Plan) or other employee benefit plan of you, your Spouse, or your Dependents. Such events include any of the following changes in employment status; termination or commencement of employment, a strike or lockout, a commencement of or return from an unpaid leave of absence, a change in worksite, switching from salaried to hourly-paid, union to non-union, or full-time to part-time (or vice versa); incurring a reduction or increase in hours of employment; or any other similar change which makes the individual become (or cease to be) eligible for a particular employee benefit; 4. an event that causes your dependent to satisfy or cease to satisfy an eligibility requirement for a particular benefit (such as attaining a specified age, student status, or similar circumstance); and 7 Agenda Item No. 16E1 March 27,2007 Page 74 of 83 5. a change in your, your spouse's or your dependent's place of residence. that affects benefit eligibility under a cafeteria plan (including this Plan) or other employee benefit plan of you, your spouse, or your dependents c. Change in Status - Other Requirements. (Applies to Premium Payment Benefits, to Health FSA Benefits, and to DCAP Benefits.) If you wish to change your election based on a Change in Status, you must establish that the change or revocation is on account of and corresponds with a change in status. Collier County Government, in its sole discretion and on a uniform and consistent basis, shall determine whether a requested change is on account of and corresponds with a Change in Status. As a general rule, a desired election change will be found to be consistent with a Change in Status event if the event affects coverage eligibility (for DCAP Benefits, the event may also affect eligibility of Dependent Care Expenses (see Question 2) for the dependent care tax exclusion). But if you cancel coverage, it cannot result in your contributions for the year being less than the amount for which you have already been reimbursed. For example, assume that you elected to contribute $100 per month to the Health FSA and in February you were reimbursed for $700 of expenses. If a change in status event occurs in March that allows you to cancel coverage, your cancellation will not take effect until you have contributed a total of $700 for the year. d. Special Enrollment Rights. (Applies to Premium Payment Benefits That Are Group Health Plans, but Not to Health FSA or DCAP Benefits.) If you, your spouse or a dependent is entitled to special enrollment rights under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) under a group health plan, you may change your election to correspond with the special enrollment right. For example, if you declined enrollment in your Employer's Medical Insurance Plan for yourself or for your eligible dependents because of medical coverage under another plan, and if eligibility for such coverage is subsequently lost due to certain reasons (i.e" due to legal separation, divorce, death, termination of employment, reduction in hours, or exhaustion of the COBRA period), then you may be able to elect major medical coverage under the Plan for yourself and your eligible dependents who lost such coverage, provided that you request enrollment within 30 days after the applicable event. Furthermore, if you have a new dependent as a result of marriage, birth, adoption, or placement for adoption, you may also be able to enroll yourself, your spouse, and for your newly-acquired Dependent, provided that you request enrollment within 30 days after the marriage, birth, adoption, or placement for adoption. Please refer to the summary plan description of the Medical Insurance Plan for an explanation of special enrollment rights, e. Certain Judgments and Orders. (Applies to Premium Payment Benefits That Provide Accident or Health Coverage, and to Health FSA Benefits, but Not to DCAP Benefits.) If a judgment, decree or order from a divorce, separation, annulment or custody change requires your Dependent child (including a foster child who is your Dependent) to be covered under this Plan, you may change your election to provide coverage for the Dependent child. If the order requires that another individual (such as your former Spouse) cover the Dependent child, then you may change your election to revoke coverage for the child. f, Entitlement to Medicare or Medicaid. (Applies to Premium Payment Benefits, to Health FSA Benefits as Limited Below, but Not to DCAP Benefits.) If you, your Spouse, or a Dependent becomes entitled to Medicare or Medicaid, you may cancel that person's accident or health coverage under the Plan (for example, the Medical Insurance Plan) and change your premium benefit election accordingly and/or cancel or reduce your Health FSA election. You may also prospectively increase your Health FSA election if you drop your Employer's plan due to Medicare or Medicaid entitlement and the prior Employer-provided coverage was more comprehensive. Further, if you, your Spouse, or Dependent who has been entitled to Medicare or Medicaid loses eligibility for such coverage you may prospectively change your election to add health coverage for that person and/or commence or increase your Health FSA coverage. You may also elect to decrease or revoke your Health FSA election if the Employer's plan elected due to a loss of eligibility for Medicare or ~edicaid is more comprehensive than Medicare or Medicaid. g. Changes in Cost. (Applies to Premium Payment Benefits, to DCAP Benefits as Limited Below, but Not to Health FSA Benefits.) If Collier County Government notifies you that the cost of your coverage under the Plan significantly increases during the Plan Year, you may choose to do any of the following: (a) make a corresponding increase in your contributions; (b) revoke your election and receive coverage under another Plan option that provides similar coverage or elect similar coverage under the plan of your Spouse's employer; or (c) drop your coverage, but only if there is no option available under the Plan that provides 8 Agenda Item No. 16E1 March 27,2007 Page 75 of 83 similar coverage. (Note that, for purposes of this definition, (a) a health FSA is not similar coverage to an accident or health plan that is not a health FSA, (b) the HMO and the PPO are considered to be similar coverage, and (c) coverage under another employer plan, such as a Spouse's or Dependent's employer, is treated as similar coverage.) For insignificant increases or decreases in the cost of benefits, however, Collier County Government will automatically adjust your election contributions to reflect the minor change in cost. With regard to the DCAP account you may increase or decrease your election to correspond with changes in your dependent care provider and/or changes in your dependent care provider's fees. However, you may not change your DCAP election when a dependent care provider who is your relative imposes a cost change. h, Changes in Coverage. (Applies to Premium Payment Benefits and to DCAP Benefits, but not to Health FSA Benefits.) 1. Significant Curtailment of Coverage. If Collier County Government notifies you that your coverage under the Plan is significantly curtailed without a loss of coverage (for example, when there is an increase in the deductible), then you may revoke your election and elect coverage under another Plan option that provides similar coverage. If Collier County Govemment notifies you that your coverage under the Plan is significantly curtailed with a loss of coverage (for example, the HMO ceases to be available where you live), then you may either revoke your election and elect coverage under another Plan option that provides similar coverage, elect similar coverage under the plan of your Spouse's employer, or drop coverage but only if there is no option available under the plan provides similar coverage. Collier County Government (in its sole discretion) will decide whether a curtailment is "significant" and whether a substitute Plan constitutes "similar coverage" based upon all the surrounding facts and circumstances. 2, Addition or Significant Improvement of Plan Option. If during a Plan Year the Plan adds a new option or significantly improves an existing option, Collier County Government may permit Participants who are enrolled in an option other than the new or improved option to elect the new or improved option on a prospective basis, subject to limitations imposed by the applicable Insurance Plan. 3. Loss of Other Group Health Coverage. You may change your election to add group health coverage for you, your Spouse or Dependent, if any of you loses coverage under any group health coverage sponsored by a governmental or educational institution (for example, a state children's health insurance program or certain Indian tribal programs). 4. Change in Election Under Another Employer Plan. You may make an election change that is on account of and corresponds with a change made under another employer plan (including a plan of the Employer or a plan of your Spouse's or Dependent's employer), so long as (a) the other cafeteria plan or qualified benefits plan permits its participants to make an election change permitted under the IRS regulations; or (b) this Plan permits you to make an election for a period of coverage (for example, the Plan Year) that is different from the period of coverage under the other cafeteria plan or qualified benefits plan. For example, if an election is made by your Spouse during his/her employer's open enrollment to drop coverage, you may add coverage to replace the dropped coverage, 5. DCAP Coverage Changes. You may make a prospective election change that is on account of and corresponds with a change by your dependent care service provider. For example: (a) if you terminate one dependent care service provider and hire a new dependent care service provider, you may change coverage to reflect the cost of the new service provider; and (b) if you terminate a dependent care service provider because a relative becomes available to take care of the child at no charge, you may cancel coverage. To make a change, you must file a written request for change with Collier County Government within 30 days of the event permitting the change. 9 Agenda Item No. 16E1 March 27,2007 Page 76 of 83 Additionally, Collier County Government may modify your election(s) downward during the Plan Year if you are a Key Employee or Highly Compensated Individual (as defined by the Internal Revenue Code), if necessary to prevent the Plan from becoming discriminatory within the meaning of the federal income tax law and adjustments may also be made to reflect insignificant mid-year premium increases imposed by third party insurers. 11. What if I terminate my employment during the Plan Year? If your employment with Collier County Government is terminated during the Plan Year, your active participation in the Plan will cease, and you will not be able to make any more contributions to the Plan. See Question and Answer #13 of this summary and the health insurance booklets for information on your right to continued or converted group health coverage after termination of your employment. However, if you are rehired within the same Plan Year and are eligible to participate in the Health FSA and DCAP Accounts, your prior elections shall remain in effect for the remainder of the Plan Year provided that you are rehired within 30 days after you terminated employment. If you are rehired more than 30 days after you terminated employment, you may make a new election in the Health FSA and DCAP Accounts as a new hire. You may reinstate your election in the pre-tax premium portion of the Plan to the extent that coverage under the corresponding benefit plan(s) was reinstated. Claims for Medical Expenses incurred prior to the time you cease to be a participant are covered to the extent of Flexible Dollars available if such claims are filed within 90 days after the end of the Plan Year in which you ceased to be a Participant. You will also have 90 days after the end of the Plan Year to submit claims for Dependent Care Expenses. 12. Once I have enrolled, do I have to complete a new election form each year? Pre-Tax Premium Account: No. Only the initial completed election form is required. Health FSA and DCAP Accounts: Yes. An election form must be completed each year. 13. What happens to my elections if I am no longer eligible to participate in the Plan? Elections made under this Plan will automatically terminate on the date on which you cease to be a participant in the Plan. However, if you were participating in the Health FSA portion of the Plan, you have the right to elect a temporary extension of health coverage if participation by you (including your spouse and dependents) would otherwise end due to the occurrence of a "Qualifying Event." Continuation coverage under federal law is provided under COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985). (A similar right is provided under a federal law called USERRA if you take a leave of absence for military service.) You should check with your Employer to see if COBRA and USERRA apply. A Qualifying Event under COBRA is: a. Termination of your employment for any reason except gross misconduct; b. A reduction in your work hours that would make you ineligible to participate in the Health FSA portion of this Plan; c, Your death; d. Divorce or legal separation from your spouse; e. A dependent ceasing to be a dependent; or f. Your becoming entitled to Medicare benefits. 10 Agenda Item No. 16E 1 March 27,2007 Page 77 of 83 For a Qualifying Event other than a change in your employment status, it will be your responsibility to inform the Plan Administrator of the qualifying events occurrence within 60 days of its occurrence for each medical benefit plan you have elected. The Plan Administrator, in turn, has a legal obligation to furnish you (or your spouse, as the case may be) with separate, written options to continue the coverages provided at stated premium costs with respect to each health plan in which you are participating. The notification you will receive will explain all the rest of the terms and conditions of the continued coverage. You may pay premiums for COBRA coverage under your Insurance Plan(s) on a pre-tax basis (unless permitted otherwise by Collier County Government on a uniform and consistent basis) to the extent compensation is available, but not beyond the current Plan Year. Certain Health FSA Participants will be eligible for COBRA Continuation Coverage if they have positive Health FSA balances at the time of a Qualifying Event (taking into account all claims submitted before the date of the qualifying event). You will be notified if you are eligible for COBRA Continuation Coverage. However, even if COBRA is offered for the year in which the qualifying event occurs, COBRA coverage for the Health FSA Account will cease at the end of the plan year and cannot be continued for the next plan year. You may pay premiums for such coverage on an after-tax basis, (unless permitted otherwise by Collier County Government on a uniform and consistent basis) to the extent compensation is available, but not beyond the current Plan Year. 14. What happens to my benefits and elections if I take a leave of absence? If you take an unpaid leave of absence due to disability, family or medical leave, (or a paid leave where your employer does not require your coverage to be continued) or any other reason approved by the Employer, you shall have the option to: a. Revoke your Salary Reduction consistent with and on account of a Change in Status. In no event may the revocation of your election reduce the Health FSA benefit below the amount of benefit used as of the date of the revocation. If you choose to revoke your Salary Reduction while on leave, your coverage under this portion of the Plan terminates and you are not entitled to receive reimbursement for claims incurred while you are out on leave. b, Prepay all or a portion of the premium for the expected duration of the leave on a pre-tax salary reduction basis out of pre-leave compensation. To pre-pay the premium you must make a special election to that effect prior to the date that such compensation would normally be made available. You should note, however, that if your leave is taken late in the plan year so that it overlaps into the next plan year, then payments attributable to the next plan year must be made on an after-tax basis. c. Continue to pay, on an after-tax basis, the Flexible Dollar amounts prior to taking your leave by sending monthly payments to the Employer. If your payment is more than 30 days late, the Employer may drop your coverage or may continue to pay for your share of the coverage at the Employer's discretion. However, the Employer may recover from you the cost of any payments made to maintain your coverage. If your Health FSA coverage ceases while you are on leave you will be entitled to elect to reinstate your Health FSA Benefit at the same coverage level as in effect before the leave (with increased contributions for the remaining period of coverage) or at a coverage level that is reduced pro-rata for the period of leave during which you did not pay premiums.' Regardless of the payment option selected, as long as you continue to make contributions to the Plan, the full amount of the coverage elected under the Health FSA portion of the Plan, less any reduction under 13(a) or 13(b) and less any prior reimbursements, will be available to you at all times, including during an unpaid FMLA leave period. If you elect to reinstate coverage upon return from leave, your coverage under this portion of the Plan for the remainder of the Plan Year will be equal to your original Salary Reduction for the twelve (12) month period of coverage prorated for the period when coverage was terminated during leave and reduced by prior reimbursements. You are not eligible to claim dependent care expenses incurred while on a paid or unpaid leave of absence because you are not gainfully employed. 11 Agenda Item No. 16E 1 March 27, 2007 Page 78 of 83 15. What happens when a Medical Child Support Order is issued with respect to the medical coverage provided through this Plan? Upon receipt of a Medical Child Support Order, the Employer will determine, in accordance with a written and established procedure, whether the order is qualified. If the order is found to be a Qualified Medical Child Support Order, the Plan will provide medical coverage to your child without regard to Plan limitations which may require that you have custody of the child or that the child be designated as your dependent for tax purposes. The child will have medical coverage as of the date of the order, not limited or delayed for either a pre-existing condition or a waiting period. Reimbursements of benefit payments will be made to the child or the child's custodial parent. A Qualified Medical Child Support Order is an exception to the general rule that your benefits under the Plan cannot be assigned or alienated. 16. What if I don't spend all Plan contributions? Any Flexible Dollars which are not used to pay for benefits you select will be forfeited back to Collier County Government to defray administrative costs of the Plan. Because this is possible, you should be careful to authorize only those amounts necessary to pay for the coverage you elect. You will forfeit any amount allocated to your Health FSA and/or DCAP Account if claims for that amount have not been submitted to the Health FSA and/or DCAP Benefits for any Plan Year within 90 days following the end of the Plan Year for which the election was effective, or within 90 days of the current Plan Year if the Plan has a grace period for Health FSA benefits. If any amounts remain in the Health FSA Account at the end of the Plan Year, a 2 % month grace period may be available to submit eligible claims incurred after the end of the previous Plan Year but within 2 % months of the current Plan Year. Reimbursements will first be paid from any amounts remaining in the Health FSA Account in the previous Plan Year and then from any amounts that are available for reimbursement during the current Plan Year. Claims must be submitted within 90 days of the current Plan Year for claims incurred during the grace period. Once paid, a claim will not be reprocessed so as to change the Plan Year from which to take funds to pay the claim. Amounts so forfeited shall be applied as described in the Plan (for example, used to offset reasonable administrative expenses and future costs), Also, any Health FSA and/or DCAP Account benefit payments that are unclaimed (for example, uncashed benefit checks) by the close of the Plan Year or the eligible grace period following the Plan Year in which the Expenses were incurred shall be forfeited and applied as described in the Plan. 17. Willi be taxed on the Health FSA and DCAP Benefits I Receive? Generally, you will not be taxed on your Health FSA or DCAP Benefits, up to the limits set forth in Question 2. However, Collier County Government cannot guarantee that specific tax consequences will flow from your participation in the Plan. The tax benefits that you receive depend on the validity of the claims that you submit. For example, to qualify for tax-free treatment, your Medical Care Expenses must meet the definition of "medical care" as defined in the Code. To qualify for tax-free treatment under the DCAP Account you will be required to file IRS Form 2441 (Child and Dependent Care Expenses) with your annual tax return (Form 1040) or a similar form. You must list on Form 2441 the names and taxpayer identification numbers of any persons who provided you with dependent care services during the calendar year for which you have claimed a tax-free reimbursement. If you are reimbursed for a medical or dependent care expense that is later determined to not be for Medical Expenses or Dependent Care Expenses, respectively, you will be required to repay the amount. Ultimately, it is your responsibility to determine whether each payment to you under this Plan is excludable for tax purposes. You may wish to consult a tax advisor. 18. If I elect DCAP Benefits, can I still claim the Dependent Care Credit on my federal income tax return? You may not claim any other tax benefit for the tax-free amounts received by you under this Plan, although the balance of your Dependent Care Expenses may be eligible for the household and dependent care services tax credit under Code Section 21 (Dependent Care Credit) (e.g., if you elect $3,000 of coverage under the DCAP and are reimbursed $3,000, but you had Dependent Care Expenses totaling $5,000, you could count the excess $2,000 when calculating the Dependent Care Credit if you have two or more dependents). Note: the amount of any Dependent Care Credit you may have available will be offset by any DCAP Benefits received under the Plan. 12 Agenda Item No. 16E 1 March 27, 2007 Page 79 of 83 19. Would it be better to include the DCAP Benefits in my income and claim the Dependent Care Credit, instead of treating the reimbursements as tax-free? Generally. if you are in one of the lower income tax brackets, you might come out ahead by not participating in the DCAP and by claiming the Dependent Care Credit instead. On the other hand, generally the more income taxes you are required to pay, the better it would be tax-wise to participate in the DCAP. Because the actual determination of the preferable method for treating benefit payments depends on a number of factors such as a person's tax filing status (e.g., married, single, head of household), number of Dependents, etc., each Participant will have to determine his or her tax position individually in order to make the decision between taxable and tax- free benefits. Use IRS Form 2441 (Child and Dependent Care Expenses) to help you. Note that in determining the relative tax benefits of DCAP participation versus claiming the Dependent Care Tax Credit, you must also take into account the increase or decrease in two other tax credits as well (the Earned Income Credit and the Child Tax Credit). Your Employer may be able to provide you with a worksheet to help you make the comparison. You may also wish to consult a tax advisor, 20. What amounts will be available for reimbursement at any particular time during the Plan Year? Health FSA. The full amount of coverage that you have elected (reduced by prior reimbursements made during the same Plan Year) will be available to reimburse you for eligible Medical Care Expenses incurred during the Plan Year, regardless of the amount that you have contributed when you submitted the claim (so long as you have continued to pay the premiums.) For example. suppose that you elected $1,000 of coverage and contributed to your Health FSA Account during January and February (assuming semi-monthly payroll deductions) - that means that by February 24 you would have contributed $153.84 ($38.46 times 4 pay periods). You haven't made any prior claims for reimbursement during the calendar year, but on February 26 you incur a Medical Care Expense in the amount of $300. You submit that claim for reimbursement on February 27. So long as the claim meets all applicable requirements. then $300 would be available to you for that expense, even though you have only contributed $153.84 to your Health FSA Account at the time. DCAP. The amount of coverage that is available for reimbursement of Dependent Care Expenses at any particular time during the Plan Year will be equal to the amount credited to your DCAP Account at the time your claim is paid, reduced by the amount of any prior reimbursements paid to you during the Plan Year. For example, suppose that you elected $2,400 for Dependent Care Expenses and you incur $1,500 of eligible expenses by the end of March. At that time. your DCAP Account would only have been credited with $600 ($100 times 6 semi- monthly pay periods), so only $600 would be available for reimbursement at the end of March (assuming that you had not received any prior reimbursements). You would have to wait to receive reimbursement of the remaining $900 of Dependent Care Expenses until after you have contributed the appropriate credits to your DCAP Account. Note, however that the earned income limitations described in Question 2 must also be met. 21. When are expenses incurred? For Medical Care Expenses and Dependent Care Expenses to be reimbursed to you, they must have been incurred during the Plan Year. An expense is incurred when the service that gives rise to the expense is provided, not when the expense was paid, Note that if you have paid for the expense but the services have not yet been rendered, then the expense has not been incurred for this purpose. For example, if you pay for medical or dependent care on the first day of the month for care given on the 15th of that month, the expense has not been incurred until the 15th of that month. You may not be reimbursed for any expenses arising before the Plan became effective, before your Election Form/Salary Reduction Agreement became effective, for any expense incurred after the close of the Plan Year, or after a separation from service. (For Continuation Coverage under the Health FSA please see Question 13.) 22. How do I submit a claim under this Plan? When you incur an expense that is eligible for payment, you must submit a claim to the Administrator on a claim form that will be supplied to you. You must include written statements and/or bills from independent third parties stating that the expenses have been incurred, and the amount of such expenses along with the claim form. For the Health FSA, this generally requires including an Explanation of Benefits (EOB) Form from the medical insurance carrier (or a bill from a doctor's office) indicating the amounts that you are obligated to pay. 13 Agenda Item No. 16E1 March 27,2007 Page 80 of 83 Health FSA. If you have paid the premiums for the Health FSA coverage you have elected, then you will be reimbursed for your eligible Medical Care Expenses within 30 days after the date you submitted the request for reimbursement (subject to a 15-day extension for matters beyond the Plan Administrator's control - see Question 23). Remember, though that you cannot be reimbursed for any total expenses above the annual reimbursement amount you have elected. You will have 90 days after the end of the Plan Year in which to submit a claim for Medical Care incurred during the previous Plan Year, or within 2 % months of the grace period for the current Plan Year. You will be notified in writing if any claim for benefits is denied. (See Question 23.) Expenses incurred during the Plan Year or the grace period must be submitted within ninety (90) days following the previous Plan Year to be considered eligible for reimbursements from amounts that remain in the previous Plan Year's Health FSA Account. DCAP. If there are enough credits to your DCAP Account, then you will be reimbursed for your eligible DCAP Expenses within 30 days after the date you submitted the request for reimbursement (subject to a 15-day extension for matters beyond the Administrator's control - see Question 23). If a claim is for an amount that is more than your current DCAP Account balance, then the excess part of the claim will be carried over into the following months, to be paid out as your balance becomes adequate. Remember, though that you cannot be reimbursed for any total expenses above your annual credits to your DCAP Account. You will have 90 days after the end of the Plan Year in which to submit a claim for Medical Care or Dependent Care Expenses incurred during the previous Plan Year. Dependent Care Expenses may include expenses incurred following termination of participation if such amounts are incurred during the current Plan Year, You will be notified in writing if any claim for benefits is denied. (See Question 23.) To have your claims processed as soon as possible, please read Question 23. Note that it is not necessary for you to have actually paid the bill in an amount due for Medical Care Expenses or Dependent Care Expenses - only for you to have incurred the expense (as outlined in Question 21), and that it is not being paid for or reimbursed from any other source. The administrator will, subject to the $10 minimum, pay claims weekly during the Plan Year to the extent that Flexible Dollars are available. Any claims less than the minimum will be released for payment on the last process of the Plan Year. After all Flexible Dollars have been exhausted, claims remaining unpaid at the Plan Year-end will be canceled, In no event can these claims be resubmitted the next Plan Year, nor are any unpaid claims a liability of the Employer. If Collier County Government implements an electronic payment card program (debit card, credit card or similar method) to pay expenses from the Health FSA, some expenses may be validated at the time the expense is incurred (like co-pays for medical care), For other expenses, the card payment is only conditional and you will still have to submit supporting documents, You will receive more information from your Employer about what you must do to obtain reimbursement if such a system is implemented. 23. What can I do if my claim is denied? Insurance Plan Coverage Claims. If your claim is for a benefit under an Insurance Plan, you will generally proceed under the claims procedure applicable under that plan or policy, as described in the plan document or summary plan description for the applicable Insurance Plan, Claims under the Flex Plan. However, if (a) a claim for reimbursement under the Health FSA or DCAP is wholly or partially denied, or (b) you are denied a benefit under the Plan (such as the ability to pay for premiums on a pre-tax basis) due to an issue related to your coverage under the Plan (for example, a determination of: a Change in Status; a "significant" change in premiums charged: or eligibility and participation matters under the Flexible Benefits Plan Document), then the claims procedure described below will apply. If your claim is denied in whole or in part, you will be notified in writing by the Administrator within 30 days of the date the Administrator received your claim. (This time period may be extended for an additional 15 days for matters beyond the control of the Administrator, including in cases where a claim is incomplete. The Administrator will provide written notice of any extension, including the reasons for the extension and the date by which a decision by the Administrator is expected to be made. Where a claim is incomplete, the extension notice will also specifically describe the required information, will allow you 45 days from receipt of the notice in which to 14 Agenda Item No. 16E 1 March 27,2007 Page 81 of 83 provide the specified information, and will have the effect of suspending the time for a decision on your claim until the specified information is provided.) Notification of a denied claim will contain the following: a. Specific reason or reasons for the denial; b. Specific Plan provision on which the denial is based; c. A description of any additional material or information necessary for you to validate such claim and an explanation of why such material or information is necessary; d. Information as to the steps to be taken if you wish to appeal the Administrator's decision, including your right to submit written comments and have them considered, your right to review (upon request and at no charge) relevant documents and other information, and your right to file suit under ERISA (where applicable) with respect to any adverse determination after appeal of your claim. Appeals by Participant. If your claim is denied in whole or part, you (or your authorized representative) may request review upon written application to the Committee (the Benefits Committee that acts on behalf of the Administrator with respect to appeals). Your appeal must be made in writing within 180 days of your receipt of the notice that the claim was denied. If you do not appeal on time, you will lose the right to appeal the denial and the right to file suit in court. Your written appeal should state the reasons that you feel your claim should not have been denied, It should include any additional facts and/or documents that you feel support your claim. You will have the opportunity to ask additional questions and make written comments, and you may review (upon request and at no charge) documents and other information relevant to your appeal. Decision on Review. Your appeal will be reviewed and decided by the Committee or other entity designated in the Plan in a reasonable time not later than 60 days after the Committee receives your request for review, The Committee may, in its discretion, hold a hearing on the denied claim. Any medical expert consulted in connection with your appeal will be different from and not subordinate to any expert consulted in connection with the initial claim denial. The identity of a medical expert consulted in connection with your appeal will be provided. If the decision on review affirms the initial denial of your claim, you will be furnished with a notice of adverse benefit determination on review containing the following: a. Specific reason or reasons for the decision on review; b. Specific Plan provision(s) on which the decision is based; c. A statement of your right to review (upon request and at no charge) relevant documents and other information ); d, If an "internal rule, guideline, protocol, or other similar criterion" is relied on in making the decision on review, a description of the specific rule, guideline, protocol, or other similar criterion or a statement that such a rule, guideline, protocol, or other similar criterion was relied on and that a copy of such rule, guideline, protocol, or other criterion will be provided free of charge to you upon request; and e. A statement of your right to file suit under ERISA Section 502(a) (where applicable). 24. What are my rights under the law? The Flexible Benefit Plan is not an ERISA welfare benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA). However, the Health FSA Component and the Insurance Plan(s) are governed by ERISA. As a Participant in an ERISA-covered benefit plan, you are entitled to certain rights and protections under ERISA. 15 Agenda Item No. 16E1 March 27, 2007 Page 82 of 83 Your Rights. As a participant in the Flexible Benefits Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all Plan Participants shall be entitled to: a. Examine, without charge, at the Plan Administrator's office and at other specified locations, such as work sites and union halls, all plan documents, including insurance contracts, collective bargaining agreements and copies of all documents filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration. However, you may not inspect materials containing confidential information on other Plan participants. b. Obtain copies of all non-confidential plan documents and other plan information upon written request to the Plan Administrator. The Administrator may make a reasonable charge for the copies. c. Receive a summary of the Plan's annual financial report, if any. The Administrator is required by law to furnish each participant with a copy of this summary annual report. COBRA and HIPAA Rights. You have a right to continue your Health Insurance Plan coverage (and, in some cases, your Health FSA coverage) for yourself if there is a loss of coverage under the plan as a result of a qualifying event. You may have to pay for such coverage. Review this summary plan description and the documents governing the plan on the rules governing your COBRA continuation coverage rights. You have rights regarding reduction or elimination of exclusionary periods of coverage for preexisting conditions under your group health plan, if you have creditable coverage from another plan. You should be provided a certificate of creditable coverage, free of charge, from your group health plan or health insurance issuer when you lose coverage under the plan, when you become entitled to elect COBRA continuation coverage, when your COBRA continuation coverage ceases, if you request it before losing coverage, or if you request it up to 24 months after losing coverage. Without evidence of creditable coverage, you may be subject to a preexisting condition exclusion for 12 months (18 months for late enrollees) after your enrolment date in your coverage, (This does not apply to the Health FSA, which is an "excepted benefit" under HIPAA.) HIPAA Privacy Rights. Under another provision of HIPAA, group health plans (including the Health FSA) are required to take steps to ensure that certain "protected health information" (PHI) is kept confidential. You may receive a separate notice from the Employer (or medical insurers) that outlines its health privacy policies. (Note: This provision is effective as of April 14, 2004,) Prudent Action by Plan Fiduciaries. In addition to creating rights for Plan Participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your Employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA Enforce Your Rights. If your claim for a welfare benefit is denied in whole or in part you must receive a written explanation of the reason for the denial. You have the right to have the Plan reviewed and reconsider your claim. Under ERISA. there are steps you can take to enforce the above rights. For instance, if you request a copy of plan documents or the latest annual report (if any) from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. In addition, if you disagree with the plan's decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order, you may file suit in Federal court. If it should happen that plan fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U,S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous, 16 Agenda Item No. 16E 1 March 27, 2007 Page 83 of 83 Assistance With Your Questions. If you have any questions about your Plan, you should contact the Plan Administrator, If you have any questions about this statement or about your rights under ERISA or HIPAA, or if you need assistance in obtaining documents from the administrator, you should contact the nearest office ofthe Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division ofTechnical Assistance and Inquiries, Pension and Welfare Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration, 25. Can the Plan be terminated or amended? Yes. Collier County Government reserves the right to terminate, suspend, withdraw or modify plan benefits in whole or in part at any time by action of its Board of Directors, subject to the applicable provisions of any insurance contracts providing benefits described above. However, no such change will cause you to forfeit any funds you had contributed to the Plan prior to the change. In addition, any insurance carrier may cancel insurance policies for under-enrollment or for nonpayment of premiums in certain circumstances. Any failure of insurance benefits, whether due to Collier County Government's negligence, gross neglect, or otherwise, including, but not limited to, failure to enroll a participant or to pay premiums shall not result in any liability by Collier County Government to a Participant. Your coverage shall terminate when you leave employment if you are no longer eligible under the terms of any of the insurance policies or benefits provided by this Plan, or when insurance coverage terminates, whichever happens first. Any benefits to be provided by insurance shall be provided only after: (1) you have provided the Plan Administrator the necessary information to apply for insurance; and (2) the insurance is in effect for you. 17 "",~.~,- ,- Agenda Item No. 16E2 March 27,2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that staff be directed to develop an amendment to Ordinance 2003-39 for the purpose of changing all references to funding "traffic" education to "driver" education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 300/0 of a student's time be behind-the-wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the "Dori Slosberg Driver Education Safety Act." OBJECTIVE: To receive direction for staff to develop an amendment to Ordinance 2003-39 for the purpose of changing all references to funding "traffic" education to "driver" education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a student's time be behind-the-wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the "Dori Slosberg Driver Education Safety Act." CONSIDERATIONS: On July 29,2003, the Board of County Commissioners adopted Ordinance No. 2003-39, entitled "Dori Slosberg Driver Education Ordinance" to authorize the collection of a surcharge to supplement driver education funds and to establish the Driver Education Trust Fund 173. All funds collected pursuant to the proposed Ordinance are deposited into a special trust fund used exclusively to fund the direct education expenses of driver education programs in both public and non- public high schools. The statute originally authorized $3 per penalty to be collected, however, amendments in 2006 increased the amount to $5 per penalty. For comparison purposes, at $3 per penalty it is estimated that Collier County would collect approximately $223,700 for FY 08 and based on $5 per penalty, this amount would increase to $372,833. Further recommended amendments to the ordinance, based on changes in the statute, include . A change in reference to funding "traffic" education to "driver" education programs . Further clarification that the funds are to be used to enhance, and not replace driver education program funds . A stipulation that each program receiving funds require that a minimum of 30 percent of a student's time in the program be behind-the-wheel training. It is recommended that the Ordinance take effect and be implemented 30 days after its filing with the Department of State in order to ensure that the Clerk of Court and Sheriff's Office are able to adequently prepare to collect the increased penalty. The ordinance also authorizes the County Manager to develop procedures for disbursement of funds. Slight modifications need to be made periodically to this procedure, and when the amended ordinance is brought to the Board of County Commissioners for public hearing, several changes will be recommended to these disbursement procedure as well. Upon approval of this Executive Summary, the attached draft amending ordinance will be finalized and brought to the Board for a public hearing and final approval at a subsequent meeting. ~.,""'.~.., -" Agenda Item No. 16E2 March 27, 2007 Page 2 of 8 FISCAL IMPACT: There is no fiscal impact associated with this executive summary. If the recommended amendments to the ordinance are approved during the subsequent advertised public hearing, it is expected that an additional amount of approximately $150,000 for FY 08 will be collected and deposited into Fund 173 for direct education expenses of driver education programs in both public and non-public high schools. GROWTH MANAGEMENT IMPACT: There IS no impact to the growth management plan associated with these changes. RECOMMENDATION: That the Board of County Commissioners provide direction for staff to develop an amendment to Ordinance 2003-39 for the purpose of changing all references to funding "traffic" education to "driver" education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty, to require that each Driver Education Program receiving funds require a minimum of 30% of a student's time be behind- the-wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the "Dori Slosberg Driver Education Safety Act." PREPARED BY: Marlene Foord, Grant Coordinator, Administrative Services 2 Item Number: Item Summary: Meeting Dote: Agenda Item No, 16E2 March 27, 2007 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E2 Recommendation that staff be directed to develop an amendment to Ordinance 2003-39 for the purpose of changing all references to funding traffic education to driver education programs, Increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3,00 per penalty to $5,00 per penalty and to reqUIre that each Driver Education Program receiving funds require a minimum of 30% of a students lime be behind- the-wheel training as authorized by Section 318.1215 of the FlOrida Statutes, entitled the Dori Slosberg Driver Education Safety Act. 3127/20079:00:00 AM Grants Coordinator Date Prepa red By Marlene J. Foord Administrative Services Administrative Services Admin. 3113120074:15:24 PM Assistant County Attorney Date Approved By Jennifer A. Belpedio County Attorney County Attorney Office 31141200711:58AM Facilities Management Director Date Approved By Skip Camp, C,F.M, Administrative Services Facilities Management 3/15/2007 9:39 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3/16120077:51 AM Laura Davisson Management & Budget Analyst Date Approved By County Manager's Office Office of Management & Budgel 3119/2007 1 :35 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 3/1912007 2: 18 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 3/21120079:13 AM ~~@~ Agenda Item No. 16E2 March 27, 2007 Page 4 of 8 ORDINANCE NO. 2007- AN ORDINANCE AMENDING ORDINANCE 2003-39, ALSO KNOWN AS THE DORI SLOSBERG DRIVER EDUCATION ORDINANCE, AS CODIFIED IN SECTIONS 2-241 THROUGH 2-456 OF THE CODE OF LAWS AND ORDINANCES IN ORDER TO INCREASE THE SURCHARGE THAT THE CLERK OF COURTS MAY COLLECT ON ALL CIVIL TRAFFIC PENALTIES FROM $3.00 PER PENALTY TO $5.00 PER PENAL TY, CHANGE REFERENCES TO "TRAFFIC" EDUCATION TO "DRIVER" EDUCATION PROGRAMS, FURTHER CLARIFY THAT FUNDS ARE TO BE USED TO ENHANCE, NOT REPLACE DRIVER EDUCATION PROGRAM FUNDS AND STIPULATE THA T EACH PROGRAM RECEIVING FUNDS REQUIRE A MINIMUM OF 30 PERCENT OF A STUDENT'S TIME IN THE PROGRAM BE BEHIND-THE-WHEEL TRAINING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 29, 2003, the Board of County Commissioners adopted Ordinance 2003-39, otherwise known as the "Dori Slosberg Driver Education Ordinance" to authorize the Clerk of the Circuit Court to collect an additional three dollar ($3.00) surcharge on all civil traffic penalties in County Court to be used to fund the direct education expenses of traffic education programs in both public and non-public high schools; and WHEREAS, recent changes in Section 318.1215 of the Florida Statutes, entitled "Dori Slosberg Driver Education Safety Act", authorize the Board of County Commissioners to amend the authorizing ordinance to increase the $3.00 per penalty surcharge to $5.00 per penalty, as well as several other modifications to clarify intent and criteria; and WHEREAS, the Board of County Commissioners of Collier County, Florida deems it appropriate and in the best interest of the public health, safety and welfare to adopt this Ordinance to collect an additional surcharge and make minor program modifications. lof5 [ID~~ Agenda Item No. 16E2 March 27, 2007 Page 5 of 8 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION 1: Collier County Ordinance No. 2003-39 is amended as follows: SECTION THREE: COLLECTION OF SURCHARGE (1) Pursuant to g 318.1215 Fla. Stat., a three dollar ($3.00) five dollar ($5.00) surcharge shall be added by the Collier County Court against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a moving or non-moving civil traffic violation. (2) The three dollaI' ($3.00) five dollar ($5.00) surcharge shall be in addition to any fine, civil penalty or other court cost and will not be deducted from the proceeds of that portion of any fine or civil penalty which is received by Collier County in accordance with gg 316.660 and 318.21 Fla. Stat. (3) The three dollaI' ($3.00) five dollar ($5.00) surcharge shall be specifically added to any civil penalty paid, whether such penalty is paid by mail, paid in person without request for hearing, or paid after hearing and determination by the court. SECTION FOUR: DISTRIBUTION OF FUNDS COLLECTED (1) The Clerk shall collect the three dollaI' ($3.00) five dollar ($5.00) surcharge in accordance with g 318.1215 Fla. Stat. (2) All funds collected pursuant to this Ordinance shall be used for the exclusive purpose of funding driver education programs, and shall be deposited into a special trust fund to be used to exclusively fund the direct education expenses of ~ driver education programs in both public and non-public high schools. 20f5 . ~~&i Agenda Item No. 16E2 March 27,2007 Page 6 of 8 (2) All funds collected shall be used exclusively to supplement (enhance and not replace) funding for direct education expenses of tfaffie driver education programs in both public and non-public high schools. (3) Direct educational expenses are incurred for the purchase of goods and services including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors and shall not include administrative expenses. SECTION FIVE: EXPENDITURE A.~D MANAGEMENT OF FUNDS BUDGETED (1) The County Manager, or his designee, with direction from the Board of County Commissioners, in accordance with 9 318.1215 Fla. Stat., and with the budget adopted by the Collier County Board of Commissioners, shall have the authority to provide for the expenditure of funds remitted to the tfafHe driver education program. (2) Procedures for disbursement of the funds collected pursuant to this Ordinance shall be developed by the County Manager, or his designee, and approved by the Board of County Commissioners. (3) In order to receive funds, the eligible public and non-public high schools must make application for funds and receive approval by Collier County in accordance with the program procedures established by the County Manager and must execute an acceptance agreement, acknowledging that funds received shall be used exclusively by the recipient for direct educational expenses for driver education programs..--8fHi shall enhance and not be used to replace funds received from existing sources. and that the program 30f5 ~~~ Agenda Item No. 16E2 March 27, 2007 Page 7 of 8 receiving funds requires that a minimum of 30 percent of a student's time in the program be behind-the-wheel training, (4) Monies that have not been disbursed at the end of each fiscal year shall be retained for disbursement in the subsequent fiscal year( s), as appropriate. SECTION 2: 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 ofthis 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 portion. SECTION 3: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become, and be made a part of, the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION 4: EFFECTIVE DATE A certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of Collier County Commissioners after adoption by the Collier County Board of Commissioners, and shall take effect and be implemented thirty (30) calendar days from the date of said filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of , 2007, ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 40f5 . ~~~ Agenda Item No. 16E2 March 27, 2007 Page 8 of 8 By: J ames Coletta, Chairman Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney 50f5 ,,-, Agenda Item No. 16E3 March 27, 2007 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Bernard Oetting and Gabriela Oetting for 2.28 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $51,500. OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Bernard Oetting and Gabriela Oetting (Sellers). CONSIDERATIONS: On January 23, 2007, Agenda Item 10A, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Sellers' property contains a total of 2.28 acres and is located within Golden Gate Estates, Unit 42, in an area known as Horsepen Strand. This property is also located across the street from the Estates Elementary School and could provide potential environmental education for students. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $50,000 was based upon one independent, state-certified, general real estate appraiser. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Sellers, the County will pay the Sellers $250 in liquidated damages. The CClAAC approved this transaction on March 12, 2007, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost of acquisition will not exceed $51,500 ($50,000 for the property, $250 for the appraisal, and approximately $1,250 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of March 12, 2007, property costs for Conservation Collier properties, including this property and those under contract, total $43,538,033. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. ............. Agenda Item No. 16E3 March 27, 2007 Page 2 of 14 EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Oetting Page 2 LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners: 1. Approves the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorizes the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this transaction; and 3. Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4. Directs the County Manager or his designee to proceed to acquire both parcels, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to both parcels, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5. Approves any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Department of Facilities Management, Real Estate Services Agenda Item No. 16E3 March 27, 2007 Page 3 of 14 Conservation Collier Land Acquisition Program Project Design Report Date: March 8, 2007 Conservation Collier Oetting Properties Location Map z ~- i 13 l ~ lMlM)KALEE RD -l " \ 12N04VE "~'\ 12NO ENE - PAH~N "'TH ENE 70TH fINE N,e \\ z ~ PLATT RI> '8TH " ~THAVE HE ~ ENE z z 1- i <<l,.HAVENE Z eIlTHf<; ENE -g ..TH ENE e41HAVENE ;;; z- . " "NO ENE C2NDAVE HE . <<ITHAVE Ne m"TH AVE NE !~ !liTH AVE HE 60TH ~~e NE 591H....VENE ~ ~ z ~ !5llTHAVE HE " MiH ,E$tates El:l.ntary '" MTHNlEN~ School -a. "NO ENE ~ w z z L:i~ " . Z !tJTHA ENE w 0 z z " U i i Z "TH ENE i mH ENE 4TTHAVENE 'z z z '. " " " " 0 z . 0 """ ENE ~TH"VENE z z z " >; . ~ ~ ~ ~RD.....vE HE 4' TAVE HE ~- \ \ '...r-........._ -~ Collier County Roads Oetting Parcels Folio Numbers 38847040004,38847000006 ~1$Q\lr..10l1~AIrials&Pllrc*,..CollierCo<.l'llyl'ropMtl'JlJl~iJ" c....dbv: CDES/fnW'llnmlll'al hnioel Q: \Con.lWlion Co~ier~CSR\4lh CyI;Q\Ot\1lhg 1lT\Xd G~ConnI'1mQnColIiIlr'lICSR"'''' C)OII\o.tlinQl.JIIll c..:l.2fl-De CS o 1,2002,400 , 4,800 Feet , E~r,l,'r S~:~~~~ Property Owner: Bernard and Gabriela Oetting FoUols) and Size: 38847080006 - 1.14 acres 38847040004 - 1 .14 acres Location: There are two separate 1.14-acre parcels adjoining to form one area totaling 2.28 acres. The parcels are located on 60th Avenue NE on the west side of Everglades Blvd., across the road and to the west of the Estates Elementary School, in Section 31, Township 47, Range 28. Appraisal/Offer Amount: $ 50,000 for both parcels History of Proiect: Received Selected for the Approved for Purchase offer Offer Accepted application "A" category, #1 purchase by Bee made to owners priority, on the Active Acquisition List by eCLAAe 12/14/05 12/11/06 1/23/07 3/1/07 3/1/07 Agenda Item No. 16E3 March 27, 2007 Page 4 of 14 Purpose of Proiect: Conservation Collier Proaram Qualifications: The Oetting parcels fulfill program qualifications by satisfying all applicable screening criteria. These criteria include presence of native habitat, potential for nature-based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity and restoration potential. The Oetting parcels contain one type of native habitat: cypress strand. Many wetland dependent plant species have been observed on the property along with one species of Bromeliad (Tillandsia fasciculata) listed as Endangered (E) and a fern (Osmunda regalis) listed as Commercially Exploited (CE) by the Florida Department of Agriculture. Very few exotic invasive plants were observed besides a few Brazilian pepper plants (Schinus terebinthifolius) along 60th Ave NE and scattered through the interior. Mapped soils on the parcels are 100% hydric slough soils, corresponding with vegetation observed onsite. The parcels provide minimal Lower Tamiami aquifer recharge and moderate surficial aquifer recharge. Ten (10) non-listed native species of birds were observed and holes dug in the soil indicated presence of nine-banded armadillo (Dasypus novemcinctus), not considered native to Florida. While no listed wildlife species were directly observed on the parcels during the site visit performed by county staff in January 2006, the observed habitat and location would support the presence snail kite (Rostrhamus sociabilis), listed as endangered (E) by both The Florida Fish and Wildlife Conservation Commission (FWCC) and the U.S. Fish and Wildlife Service (USFWS), limpkin (Aramus guarauna), listed as a Species of Special Concern (SSC) by the FWCC and wood stork (Mycteria americana), listed as Endangered by the FWCC and USFWS. During an August 2004 site visit, Florida Department of Environmental Protection (FDEP) staff observed prey species for these listed species, including apple snails (Pomacea paludosa) and crayfish (Cambarellus spp.). Florida black bear (Ursus americanus f1oridanus) and Big Cypress fox squirrel (Scurius niger sherman!) may also be present, forage in, or move through this area as it is near known populations (Closing the Gaps, Florida Game and Freshwater Fish Commission, 1994). The FWCC species richness scoring format gives the parcels a species richness score of 6 out of 10, indicating a slightly above average potential for a variety of species to be present. There is a forested ecological link to Corkscrew Swamp Sanctuary though it crosses several Estates roads and Immokalee Road. The parcels have good public access, from a public road - 60th Ave. N,E. The parcel offers opportunities for environmental education for school age children, particularly the children at Estates Elementary, across 60th Ave. NE from the parcels, The property is naturally vegetated and visible from a public roadway and will enhance the aesthetic setting of Collier County. Currently its zoning designation is residential Estates. An Environmental Resource Permit (file Number 11-0220620-002) to impact the wetlands on site was applied for by the owner and denied by the Florida Department of Environmental Protection in February 2005. The reason for denial included specific and cumulative impacts that would result in "fragmentation of the wetlands, creating barriers to wildlife movement and affecting overall usage." Additionally, the proposed mitigation was not considered to "sufficiently offset the adverse impacts to the high quality wetlands onsite." While this appears to indicate the parcels could not be developed, their zoning designation as platted residential lots makes them remain vulnerable to development should an acceptable mitigation be proposed. No hydrologic changes are necessary to sustain site qualities in perpetuity, infestation by invasive exotic plants is minimal, estimated at 10%, and minimal maintenance and management would be necessary due to slough characteristics. Proiected Manaaement Activities: Projected management activities include removal of invasive exotic plants along the edges and evaluation of the parcel for placement of an elevated boardwalk that could lead to an observation deck. No public parking is anticipated for this site. Item Number: Ilem Summary: Meeting Dote: Agenda Item No, 16E3 March 27, 2007 Page 5 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E3 Recommendation to approve an Agreement for Sale and Purchase with Bernard Oetting and Gabriela Oetting for 228 acres under the Conservation Collier Land AcqUisition Program, at a cost not to exceed $51,500, 3/27/20079,00:00 AM Assistant County Attorney Date Approved By Jennifer A, Belpedio County Attorney County Attorney Office 3114120071 :38 PM Toni A. Mott Real Property Supervisor Date Approved By Administrative Services Facilities Management 3/14/20072:30 PM Approved By Skip Camp, C,F,M, Administrative Services Facilities Management Director Date Facilities Management 3/15120079:40 AM Skip Camp, C,F,M, Facilities Management Director Date Approved By Administrative Services Facilities Management 3/1512007 9:40 AM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 3/16120077:44 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3/1612007 11 :50 AM Approved By Laura Davisson County Manager's Office Management & Budget Analyst Date Offfce of Management & Budget 3119/2007 10:55 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 31191200711:13 AM App roved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3119120078:10 PM CONSERVATION COLLIER Tax Id. Numbers: 38847040004 & 38847080006 Agenda Item No. 16E3 March 27,2007 Page 6 of 14 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BERNARD OETTING AND GABRIELA OETTING, husband and wife, whose address is 5781 Westport Lane, Naples, FL 34116-5413, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Fifty Thousand and No/100 Dollars, ($50,000.00) (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR ~CLOSING") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 1 CONSERVATION COLLIER Tax Id. Numbers: 38847040004 & 38847080006 Agenda Item No. 16E3 March 27, 2007 Page 7 of 14 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and iSsue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller. as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration 2 CONSERVATION COLLIER Tax Id. Numbers: 38847040004 & 38847080006 Agenda Item No. 16E3 March 27,2007 Page 8 of 14 of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title comm itment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A,. unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, "Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. 3 CONSERVATION COLLIER Tax Id. Numbers: 38847040004 & 38847080006 Agenda Item No. 16E3 March 27, 2007 Page 9 of 14 VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 4 CONSERVATION COLLIER Tax Id. Numbers: 38847040004 & 38847080006 Agenda Item No. 16E3 March 27, 2007 Page 10 of 14 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the ~roperty or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or locaf statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 5 CONSERVATION COLLIER Tax Id. Numbers: 38847040004 & 38847080006 Agenda Item No. 16E3 March 27, 2007 Page 11 of 14 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 If to Seller: Bernard and Gabriela Oetting 5781 Westport Lane Naples, FL 34116-5413 Telephone number: 239-777-3339 Fax number: 239-352-2004 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner 6 CONSERVATION COLLIER Tax Id. Numbers: 38847040004 & 38847080006 Agenda Item No. 16E3 March 27, 2007 Page 12 of 14 provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. 7 CONSERVATION COLLIER Tax Id. Numbers: 38847040004 & 38847080006 Agenda Item No. 16E3 March 27, 2007 Page 13 of 14 XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: JAMES COLETTA, Chairman AS TO SELLER: DATED: .3\'>;:,'01 I I WITNESSES: /\ BY /1)>-0{ OC/~ Bernard Oetting . e.,11'"\"'4 (Printed Name) \ ~lO-!~~~~ Igh'ature) .sUI', 'J"IN'. 6 mmerrflCU\ (Printed Name) C:.:.!t m -d)y C/~DV III C~b (Printed Namr' BY: cl~J/V;I.j t)flt~~~ pabriela Oetting ~(D~ -- (Signature) J'~,rVl\Jl\7ft A 0[\....'?H>.I,O (Printed Name) Approved as to form and legal sufficiency: '. " " :() f) ~ vv- Jennifer A. Bel~io Assistant County Attorney 8 Agenda Item No. 16E3 March 27, 2007 Page 14 of 14 EXHIBIT "A" PROPERTY TAX IDENTIFICATION NUMBER: 38847040004 LEGAL DESCRIPTION: THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT NO. 84, GOLDEN GATE ESTATES UNIT NO. 42, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, AT PAGE 27, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 38847080006 THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT NO. 84, GOLDEN GATE ESTATES UNIT NO. 42, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, AT PAGE 27, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -- .r-- Agenda Item No. 16F1 March 27, 2007 Page 1 of 24 EXECUTIVE SUMMARY Recommendation to approve two after-the-fact letters of endorsement to the East Naples Fire Control and Rescue District for Emergency Medical Services Matching Grant Applications being submitted to the Florida Department of Health OBJECTIVE: To receive after-the-fact approval from the Board of County Commissioners to provide letters of endorsement for two Florida Emergency Medical Services Matching Grant Applications for the East Naples Fire and Rescue District's Autopulse@ Program and for Training Equipment. CONSIDERATIONS: The East Naples Fire Control and Rescue District is an eligible applicant for this grant program; however a letter of endorsement from the Collier County Board of County Commissioners must accompany the grant applications. To meet the grant deadline, the County Manager signed the letters of endorsement to be followed by after-the-fact approval by the Board of County Commissioners. This process is much like that followed for grant applications submitted by Collier County when necessary to meet deadlines. The application for the Autopulse@ program seeks funds to acquire seven (7) Autopulse@ devices and associated equipment, which will equip all of our front line apparatus. In the East Naples Fire Control and Rescue District the Collier County EMS Department is on scene an average of nine minutes or less 83.18% of the time. The acquisition of this equipment will increase the effectiveness of our personnel who are required to perform these life saving operations prior to an EMS transport unit arriving on scene. The Autopulse@ is a "vest compression" device that provides uniform compression dependant on the patient's size. Every compression is the same as the one prior, which leads to a more consistent set of compressions. This in turn, according to the American Heart Associate, equates to better CPR. It is worth noting that with this machine Collier County EMS has been able to increase the out of hospital resuscitation rate to 38% in 2006, from 27% in 2004. This increase in resuscitation rates is also supported by empirical evidence provided by ZOLL in articles in the following journals: Baillere's Clinical Anesthesiology, Journal of the American College of Cardiology, Resuscitation, and at the American Heart Association Annual Meeting. The application for Training Equipment seeks funds to acquire training equipment, which will be used to provide hands on training to coincide with medical lectures. The acquisition of this equipment will increase the effectiveness of our personnel who are required to perform these life saving operations prior to an EMS transport unit arriving on scene. In view of the fact that medical expertise is increased through the common medical protocols, it is imperative that training increase as well. Advanced medical care requires more training for competency and confidence in the provider. While the independent fire districts have made every attempt to increase emergency medical training as well as the medical care they provide, they have been forced to utilize existing funds to secure both training and supplies. Subsequently, the area that has suffered is the ability to purchase necessary training equipment. This equipment will be used by various fire districts throughout Collier County. Agenda Item No. 16F1 March 27, 2007 Page 2 of 24 ._ FISCAL IMPACT: Since the East Naples Fire Control and Rescue District is an independent fIre district, there is no direct fIscal impact to Collier County Government as a result of these grant applications. ,- .--- GROWTH IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATIONS: That the Board of County Commissioners approve two after-the- fact letters of endorsement to the East Naples Fire Control and Rescue District for Emergency Medical Services Matching Grant Applications being submitted to the Florida Department of Health. PREPARED BY: Jeff Page, EMS Chief Item Number: Item Summary: Meeting Date: Agenda Item No. 16F1 March 27, 2007 Page 3 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1 Recommendation to approve two after-the-fact letters Of endorsement to the East Naples Fire Control and Rescue District for Emergency Medical Services Matching Grant Applications being submitted to the Florida Department of Health 3/27/20079:00:00 AM Date Prepared By Jeff Page Bureau of Emergency Services EMS Chief EMS 3/5/200710:41:52 AM Marlene J. Foard Date Approved By Administrative Services Grants Coordinator Administrative Services Admin. 3/51200711:13 AM Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services Director Date Bureau of Emergency Services 3/13120078:28 AM Date Approved By OMB Coordinator County Manage(s Office Administrative Assistant Office of Management & Budget 3/14/20078:33 AM Date Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget 3/16120075:15 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3119/20075:22 PM Agenda Item No. 16F1 March 27, 2007 Page 4 of 24 Collier County Board of Commissioners 3301 Tarniarni Trail East Naples, Florida 34112 February 16,2007 Dear Commissioners; East Naples Fire Control and Rescue District is applying for two matching grants from the State Bureau of EMS. The first grant is for training equipment for fire department personnel. This grant is aimed at providing hands on training to complement our current lecture type format. The 25% match ($29,169.75) for this grant is being funded by East Naples Frre Control and Rescue District. The second grant is to purchase Autopulses@ for all our first responding vehicles. The 25% match ($13;585.00) for this grant is being paid by East Naples Fire Control and Rescue District. Collier County EMS department has shown these devices are instrumental in saving lives for patients in cardiac arrest. We are requesting two letters of support for these grants. We believe that they are important for the future of our department. Thank you for your consideration. Sincerely, 1\96ert schanR- Chief Robert Schank E~t Naples Fire Control and Rescue District 4798 Davis Blvd. Naples, FL 34104 239-774-7111 ~ Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlenefoord@collienzov.net (239) 774-8971 (239) 774-8720 (fax) Agenda Item No. 16F1 March 27,2007 Page 5 of 24 TO: Jim Mudd, County Manager CC: JetfPage, Chief, EMS Dan Summers, Director, Emergency Management co~~ger .::z.. () i:J . (date) After-1he-Fact Approval by the Bee is required at the March 13. 2007 Bee meeting. FROM: Marlene Foord, Grants Coordinator DATE: February 15,2007 SUBJECT: County Manager Approval of Endorsement Letters for Two Florida Department of Health Grant Applications Collier COlmty Emergency Medical Services is requesting that letters of endorsement be provided to the ~.Naples Fire Control and Rescue District to accompany two EMS Matc~~ Grant Applications to the' Florida Department of Health. The East Naples Fire Control and Rescue District is eligible to submit these applications, however, they are required to include letters endorsing the grant application from their Board of County Commissioners. The deadline for the grant program is prior to the next Board of County Commissioners meeting. Therefore, your review of and signature on the letters is requested to be followed by after-the-fact approval at the March 13, 2007 meeting. Once you have reviewed and signed the letters, please sign in the box above and call Jeff Page 774- 8459 for pickup. . Thank you. Please let me know if you have any questions. Agenda Item No. 16F1 March 27, 2007 Page 6 of 24 EMS Equipment Section 1 Agenda Item No. 16F1 March 27, 2007 Page 7 of 24 10. Justification Summarv A. Problem Description: Growth in Collier has led to an increase in the local emergency medical services department response times due to increased call volume. In East Naples Fire Control arid Rescue District (ENFD) the Collier County EMS Department (EMS) is on scene an average of nine minutes or less 83.18% of the time. It has fallen on the local fire departments to provide more advanced care when they arrive prior to the ambulance. While East Naples Fire Control and Rescue District (ENFD) has made every attempt to increase the emergency medical training, as well as, the medical care it provides, it has to use existing funds to secure both the training and supplies. This has not allowed ENFD to increase its medical care to the extent that is necessary for positive patient outcomes in most cardiac arrest cases. There is a need to provide a better alternative to manual chest compressions in a timely manner. The Autopulse@ is a "vest compression" device that provides uniform compression dependant on the patient's size. Every compression is the same as the one prior, which leads to a more consistent set of compressions. This in turn, according to the American Heart Associate equates to better CPR Currently, only one of ENFD engines has an. Autopulse<ID. The only reason this engine has an Autopulse<ID is because it is staffed on a swap program with Collier County EMS, which provides the Autopulse@. B. Present Situation One of the most studied and reported indicators to a successful emergency medical service program are its cardiac resuscitation rate. Approximately, two years ago the local emergency medical services licensed provider (Collier C01mty EMS) began using a device called the Autopulse<ID for use in cardiac arrests. This machine provides consistent cardiopulmonary chest compressions specific to rate and depth of compressions. It is worth noting, that with this machine Collier County EMS has been able to increase the out of hospital resuscitation rate to 38% in 2006, from 27% in 2004. This increase in resuscitation rates is also supported by Agenda Item No. 16F1 March 27, 2007 Page 8 of 24 empirical evidence provided by ZOLL in articles in the following journals: Baillere's Clinical Anaesthesiology, Journal of the American College of Cardiology, Resuscitation, and at the American Heart Association Annual Meeting. Currently, only Collier County EMS has the Autopulses@ on their ambulances and on engines that are staffed with one of Collier County's Paramedics. Due to the above mentioned increase in response times, there is an obvious need to equip as many first due units with Autopulses@aspossible. ENFD responded to over 1,636 cardiac type calls, which included: cardiac emergencies, respiratory distress, altered level of consciousness, syncope, and cardiac arrests. These are the type of patients that could deteriorate into a cardiac arrest prior to the arrival of the emergency responders. If these patients received the "vest CPR" as described by the American Heart Association there is an increased chance of survival compared to manual compressions. ENFD currently has five first due engines, and two quick response vehicles, and only one is equipped with the Autopulse, Currently, if an engine is the first due unit to a call then the personnel would start CPR and use their AED. This would continue until the ambulance arrived The American Heart Association has studied the CPR provided in manual compressions compared to a "vest CPR' and found that "vest CPR" is the better alternative with a better patient outcome. C. Proposed Solution ENFD would like to equip all first due vehicles, 5 engines, and two quick response vebicles with an Autopulse. This would provide a consistent and uniform response to all cardiac arrest patients in the East Naples Fire Control and Rescue District. D. Consequences of Not Funded If this project is not funded there will be a continued time delay in the initiation of "vest CPR" which is more effective than manual CPR, according to the American Heart Association. Therefore, patients who could possibly be resuscitated with the improved blood flow that the Autopulse provides would not be resuscitated. Agenda Item No. 16F1 March 27,2007 Page 9 of 24 E. Geographic Area The East Naples Fire Rescue District is approximately 110 square miles. In this area according to the 2000 census there were approximately 35,000 people living in tbe district Since the 2000 census the population bas increased to approximately 80,000 residents. There are currently five fire stations spread throughout the District. This grant will encompass the entire East Naples Fire Control and Rescue District. F. Proposed Time Frames Tbe project would be finalized within six months from the approval of this grant. According to a sale representative it would take approximately six weeks to place and fill the order. ENFD personnel are already trained on bow to use the Autopulse, so no initial training will be required. G. Dilta Sources All data for this project was obtained through EMS 2000 data collection software and the East Naples Fire Control and Rescue District data. R Statement This grant proposal does not duplicate any otber grant request from East Naples Fire Control and Rescue District. 11. Outcome for Projects That Provide or Effect Direct Services to Emereencv Victims A. In the last twenty-four months there has been an increase in cardiac arrest resuscitations in Collier County. In 2004, Collier County EMS began using the Autopulse@ on all non-trauma adult cardiac arrests. In the twenty-four months since the Autopulse@ has been used the data bas improved from a 27% resU;,scitation rate to a 38% resuscitation rate in 2006. Agenda Item No. 16F1 March 27, 2007 Page 10 of 24 B. While the data collected from Collier County EMS is extrapolated from the entire county, it is our belief that in East Naples Fire Control and Rescue District we could increase the resuscitation rates in East Naples Fire Control and Rescue District another five percent. C. This is based on the amount oftime that East Naples Fire Control and Rescue District's engines are first on scene, and how often they are on scene without an EMS ambulance for at least five minutes. D. It is our belief that using the Autopulse<ID upon arrival on scene will increase the number of patients that have a return of spontaneous circulation out of hospital by at least 5%. E. It is the goal of East Naples Fire Control and Rescue District to improve the mortality rate of the residents and visitors to the fire district. In the five year plan it is clearly delineated that one of the goals is improved patient outcomes with regards to increased patient care. Autopulses@ will increase the effectiveness of patient care in cardiac arrests. 15. Statuto", Considerations and Criteria A. This project will serve the requirements of the population we serve by decreasing the amount of time it would take to put them on the Autopulse@, while simultaneously increasing their resuscitation rate. B. N/A C. N/A D. N/A E. This project will allow East Naples Fire Control and Rescue District to provide the same level of care with regards to cardiac arrest patients in all areas of the district. The Autopulse@ will increase the level of care for the patients in the District. Agenda Item No. 16F1 March 27, 2007 Page 11 of 24 16. Work activities and Time Frames Work Activities Number of Months After Grant Starts Be . As soon as 17. East Naples Fire Control and Rescue District is not a County Government Agency. 18. Budllet Number of Cost per Equipment Units Unit Total Cost J ustificatioD To equip all 7 front line Autopulse@ Systems 7 $10,446.00 $73,122.00 apparatus To have 3 batteries per Autopulse@ Batteries 21 $547.00 $11,487.00 Autopulse@ unit To have 1 charger at each Autopu!se@ Chargers 7 $1,706.00 $11,942.00 location 1 Chest Compression Autopulse@ Lifeband@ 7 $357.00 $2,499.00 band per device Autopulse Soft Ci:1J.. v lli~ Case 7 $376.00 $2 632.00 To carry Autopu1se@ Lifeband@ Trainer 1 $332.00 $332.00 For Training Improved warranty Autopulse@ 2vr Extended Warrantv 7 $2,095.00 $14,665.00 service TOTAL: $116.679.00 Agenda Item No. 16F1 March 27, 2007 Page 12 of 24 State Amount (Check Applicable program) X Matching: 75 Percent $87,509.25 Rural: 90 Percent Local Match Amount (Check applicable program) X Matching: 25 Percent $29,169.75 Rural: 25 Percent Grand Total $116,679.00 Agenda Item No. 16F1 March 27,2007 Page 13 of 24 Training Supplies and Equipment Section 2 Agenda Item No. 16F1 March 27,2007 Page 14 of 24 10. Justification Summarv A. Problem Description Growth in Collier County bas led to an increase in the local emergency medical services department response times. In East Naples Fire Control and Rescue District the Collier County EMS Department(EMS) is on scene an average of nine minutes or less 83.18% of the time. Due to higher call volume for Collier County EMS Department it has fallen on the local fire departments to provide more advanced care when they arrive prior to the ambulance. As the increased medical expertise is increased through the common medical protocols it is imperative that training increase as well. Advanced medical care requires more training for competency and confidence in the provider. While the independent fire districts have made every attempt to increase the emergency medical training, as well as, the medical care they provide, they have been forced to utilize existing funds to secure both the training and supplies. While the fIre districts have been purchasing the necessary medical items it has caused a strain on the budgets. Subsequently, the area that has suffered is the ability to purchase necessary training equipment. It's important to note, that the EMT and Paramedics working in the various dependent and independent Collier County Fire Districts are all under a Memorandum of Understanding (MOD) with the Collier County EMS Department. Initially, this included a monthly training session with a training officer supplied by the Collier County EMS Department, but this has ceased to occur over the last couple of years due to limited training staff at the Collier County EMS Department. B. Present Situation Currently, most of the independent fIre district's employ at least one EMS training person to ensure that their MOU training is completed as required. The Collier County EMS Department provides a yearly calendar of topics that are required to maintain good standing for the MOU endorsement. An additional factor that is causing problems is that many of the fire districts are starting to increase their standard of care from basic life support to advanced life support engine capability. With this increase in the standard of care comes the need for more training and Agenda Item No. 16F1 March 27,2007 Page 15 of 24 equipment to ensure knowledge of the required advanced training. Moreover, there is typically no training equipment available to borrow from Collier County EMS to train the fire districts, so the training provided is through pictures and supporting lectures. As a result, there is virtually no hands-on training for many of the topics due to the fact that the fire districts do not have access to Collier County EMS Department training equipment, as they are trying to train their own personnel. C. Proposed Solution The solution to this ongoing problem is to purchase training equipment to ensure improved medical training for all fire department personnel in Collier County. With continual training on both Advanced Life Support and Basic Life Support skills it will enable the fire districts to remain up to date on current practices, while also enabling them to put their skills to the test with the training equipment. The participating departments in this grant are East Naples Fire Control and Rescue District, North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, City ofMaroo Island Fire Rescue Department, and Big Corkscrew Island Fire Control and Rescue District. Within these fire districts there are approximately 350 Emergency Medical Technicians and Paramedics, and 50 First Responders. All of these personnel need medical training to support the common protocols ofColIier County's Medical Director, Dr. Robert B. Tober. All of the participating fire departments are committed to increasing the emergency medical care training within their departments, therefore improving the standard of care for the citizens and visitors in their respective districts. While the participating fire districts will have Irrst option on the use of the equipment, there will be opportunities for the non-participating fire departments to use this equipment as well. It is the goal of this grant to provide training equipment to benefit all citizens orCalIier County. Agenda Item No. 16F1 March 27,2007 Page 16 of 24 D. Consequences If Not Funded If this project is not funded, the emergency medical responders for the fire departments will not receive the additional hands on training necessary to increase their knowledge and medical capabilities. Hands on training is a critical component to any type of training, and without this training equipment the hands on training will be virtually non-existent. E. Geographic Area Collier County is 2024 square miles. There are five independent fire districts within the county, two city fire departments, and two dependent fire districts. Collier County is a rapidly growing area, with over 47,484 building permits issued last year. The population statistics of the current population as of 2006 in Collier County is approximately 317,778 people, according to the University of Florida Bureau of Economic and Business Research. This is up from 251,377 from the 2000 Census, which shows an increase of66,411 people. F. Proposed Time Frames This project will be completed within six months after the grant is awarded. It will take up to 6 weeks to order and receive the training equipment. It will take another 6 weeks to organize a distribution system to ensure that all fire districts have the necessary access to the equipment. The final three months will be used as a buffer in case a piece of equipment cannot be delivered due to shortages. G. Data Sources All data contained in this grant was provided by the listed participating fire districts, Collier County EMS Department, Collier County Business Management and Budget Office, the U.S. 2000 Census, and the University of Florida Bureau of Economic and Business Research. H. Statement This proposal does not replicate any previous grant proposal submitted by East Naples Fire Control and Rescue District. Agenda Item No_ 16F1 March 27,2007 Page 17 of 24 12. Outcome for Trainine: Proiects A Number oj People Receiving Training in Previous Year All emergency medical providers ( approximately 350 EMT and Paramedics and 50 First Responders) in the Collier County independent fire districts are required under the Memorandum of Understanding with Collier County EMS to have at least three hours of emergency medical training a month. One portion of this training is Healthstream, which is an on-line presentation system. The emergency responders take the monthly course and then take a test to prove their knowledge. At some point after taking the on-line course the emergency responders are given a lecture on a similarly related topic by the EMS trainer within their department. There has been little to no hands on training due to the lack of equipment for any of the emergency medical responders from the fire districts. B. Number of People who will be Trained There will be the same number of people ( approximately 3 SO EMT and Paramedics and SO First Responders) that were trained in the twelve months prior to the grant as there will be following the grant, but their training will become less lecture and more hands on. Uris will increase their capabilities and confidence in their skills. By having this equipment it will allow the opportunity for the training equipment to be brought to the emergency responder, rather than having to bring the responder to the equipment. C. Jusitfy It is anticipated that there will be a positive outcome in patient care due to the increase in training. There is no data to show that there has been a negative impact because of the lack of hands on training. D. Derivation Figures are derived based on the fact that all emergency medical personnel will continue their emergency medical training, except with an increase in the quality of training. Agenda Item No. 16F1 March 27, 2007 Page 18 of 24 E. Five Year Plan Tbis grant falls within the parameters of the East Naples Fire Control and Rescue District's five year plan by enabling our personnel to increase their emergency medical training while also working cooperatively with the other fire districts in Collier County. 15. StatutOry Considerations and Criteria A. Meets Requirements of Population This project will serve tbe requirements of the population by increasing the quality of the advanced medical care that East Naples Fire Control and Rescue District is currently providing. B. Conform to State Standards Established by Law or Rule According to Florida Statue 401.104 discusses, "A major impediment to the provision of adequate and economic emergency medical services to all citizens is the inability of governmental and private agencies within a service area to respond cooperatively in order to finance the systematic provision of such services." This grant is a cooperative effort by the fire districts to utilize training equipment in a fiscally conservative manner, in order to best serve the citizens in Collier County. 16. Work activities and time frames Work Activities Number of Months After Grant Starts Be in End 17. East Naples Fire Control and Rescue District is not a County government agency. Agenda Item No. 16F1 March 27, 2007 Page 19 of 24 18. Bud!!et To practice intubations Infant Intubation Trainer (Laerdal) $411.00 x4 $1,644.00 for infant cardiac arrests To practice adult Airway Management Trainer (Laerdal) intubations and King $1.423.00 x4 $5,692.00 Tube insertions To practice intubations Deluxe Difficult Airwav Trainer (Laerdal) $1,300.00 x4 $5,200.00 and King Tube To practice pediatric Pediatric Intubation Head(Simulaids) $531.00 x4 $2,124.00 intubations To practice Cricothorotomy Adult Head (Simulaids) $550.00 xl $550.00 cricothorotomies Adult I V. Training Kit (LaerdalJMPL) $392.00 x6 $2,352.00 To practice LV. skills Venipuncture and Injection Arm Black $415.00 x4 $1,660.00 To practice I.V. skills To practice LV. skills Geriatric IV Training Arm $450.00 x4 $1,800.00 on geriatrics Adult IV. Female Training Kit(Laerdal!MPL) $487.00 x4 $1,948.00 To practice I.V. skills To practice pediatric Pediatric LV. Arm(Nasco) $330.00 x4 $1,320.00 LV. skills Central Venous Cannulation Simulator $670.00 x2 $1,340.00 To practice central lines To practice chest Pneumothroax Trainer(Simulaids) $454.00 x2 $910.00 decompressions Laerdal Intraosseous Trainer $238.00 x4 $952.00 To practice 10 training To practice childbirth Advanced Childbirth Trainer $527.00 x2 $1,054.00 training To be used in training Deluxe Casualty Simulation Kit $617.00 x2 $1,234.00 exercise To practice combined Pediatric ALS Trainer $693.00 x4 $2,772.00 pediatric skills To practice cardiac Autopulse@ Lifeband@ Trainer $332.00 x4 $1,328.00 arrest scenarios To practice cardiac arrest scenarios Autopulse@ $10446.00 xl $10,446.00 Agenda Item No. 16F1 March 27,2007 Page 20 of 24 $547.00 x3 $1,641.00 $1,706.00 xl $1,706.00 $376.00 xl $376.00 $2 095.00 xl $2,095.00 $54.00 x4 $216.00 $995.00 x4 $3,980.00 Total 54 40.00 Case Lun Sounds: A Practical Guide BCG Simulator State Amount (Check Applicable program) X Matching: 75 Percent $40,755.00 Rural: 90 Percent Local Match Amount (Check applicable program) X Matching: 25 Percent $13,585.00 Rural: 25 Percent Grand Total $54,340.00 Agenda Item No. 16F1 March 27, 2007 Page 21 of 24 Memorandum To: ~~~7 Ji~ County ';nager From: Dan E. Summers, Director Date: February 20, 2007 Subject: -.' !f-" .,-.....-e.-..'.i>~.~...i:t'~ '-iI.;""<.~.."~. ..._~,"''''c......~ItI. '. ."~~_."'--.'.'~'~.'-.' ~''''. TIM ~'~""-ltJi.. "~+nilvr"'"'G''~~''''' . ...',"~"",' -laar ~ - ,ns ~;;.,..g!f_IL . : ._IlI..w............ ~.!'~'t:9JX State EMS -equipment grant application Mr. Mudd: On Sunday February 18th. Chief Page and I received bye-mail, the remaining portions of an ~mplete grant packet submi~:by East Naples Fire Department by Ms. Diana Watson. I - deemed the appliCation in-compiete dming recclpt on Th~y February-14th. since the packet had no cover letter from East Naples as to who was going to provide the matching funds, nor a draft executive snmmary. Ms. Watson has been reminded of the need get county endorsed grant projects into the BCC well ahead of the submission date required by the state so the applications may be approved in our established business process. Ms. Watson has received a transmittal from Ms. Marlene Foor~ our grants coordinator in support of this grant and respectfully requested your approval for an after-the-fact submittal to . the BCC. Respectfully, I am requesting your signatme on the transmittal from Ms. Foord in support of the . application and the forthcoming Executive Surnrnary- slated for March 13th. ~X9U._ . ..... . _." ..__. '_". .=> ~~:2:!w""J..~"".;m'~'~"';"~iE.z:ii-""''-'''' g!~~~~re~;~~m..,,~W;l g. ''''''<:,, 1 ^F t=rnoIVTon"" ~or";rooeo SES Agenda Item No. 16F1 March 27, 2007 Page 22 of 24 COLLIER COUNTY BUREAU OF EMERGENCY SERVICES EMERGENCY MEDICAL SERVICES s.... rJ Emergtn", w..m ~A I nl qPfY.v f. (1lr:j ''->I~,l'-~) 2705 South Horseshoe Drive . Naples, Florida 34104 . 239-774-8459 . FAX 239-775-4454 February 20. 2007 Mr, Dan E. Summers Director, Bureau of Emergency Services 3301 East Tarniarni Trail Building F Naples, FL 34113 Dear Mr. Summers. East Naples Fire Control and Rescue District has requested our support in applying for two matching grants from the State Bureau of EMS. The first grant is for training equipment for fire department personnel, and the second grant is to purchase Autopulses@ for their first response vehicles. The Collier County EMS department has shown that the Autopulses@ devices are instrumental in saving lives for patients found to be in cardiac arrest. and we wholeheartedly support these grant applications. Sincerely, cTt/I PDf" Jeff Page. Chief Collier County EMS Agenda Item No. 16F1 March 27, 2007 Page 23 of 24 Ed Wilson Emergency Medical Services 4052 Bald Cypress Way Bin C-l8 Tallahassee, Florida 32399 March 27, 2007 Dear Sir, The Board of Collier County Commissioners would like to formally endorse the East Naples Fire Control and Rescue District's Grant application for the purchase of Autopulse@ machines. Collier County Emergency Medical Services was able to purchase these machines two years ago, and we have seen a significant increase in our cardiac arrest resuscitation rates. It is our belief that having these machines on first due apparatus in the East Naples Fire Control District would enable more lives to be saved. Sincerely, James Coletta Collier County Commission, Chairman Agenda Item No. 16F1 March 27,2007 Page 24 of 24 Ed Wilson Emergency Medical Services 4052 Bald Cypress Way Bin C-18 Tallahassee, Florida 32399 March 27, 2007 Dear Sir, The Board of Collier County Commissioners would like to formally endorse the East Naples Fire Control and Rescue District's Grant application for the purchase of training equipment. Due to increased call volume it has become more important that the fire districts be able to provide advanced care prior to the arrival of Collier County Emergency Medical Services. This equipment is a joint effort of the local fire departments to obtain equipment to be used by all of the fire departments. Sincerely, James Coletta Collier County Commission, Chairman .- Item Number: Item Summary: Meeting Date: Agenda Item No. 16F2 March 27, 2007 Page 1 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 Recommendation to approve a memorandum of Understanding between the Ochopee Fire Control District and the Nationai Park Service, Big Cypress Nationai Preserve 3/27/20079:00:00 AM Date Prepared By Paul Wilson County Manager'a Office Fire Chief Ochopee Fire Control District 3/512007 1 :04:42 PM Date Approved By Dan E. Summers. County Manage....s Office Bureau Of Emergency Services Director Bureau of Emergency Services 3/1312007 8:30 AM Date App roved By Jennifer A. Belpedlo County Attorney Assistant County Attorney County Attorney Office 3/13/2007 9:06 AM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3/14/20076:34 AM Michael Smykowskl Date App roved By County Manager's Office Management & Budget Director Office of Management & Budget 3/15120076:13 PM Approved By -- James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 3117120079:32 AM - Agenda Item No. 16F2 March 27, 2007 Page 2 of 10 EXECUTIVE SUMMARY Recommendation to approve a Memorandum of Understanding between the Ochopee Fire Control District and the National Park Service, Big Cypress National Preserve OBJECTIVE: To authorize the Ochopee Fire Control District to sign a Memorandum of Understanding with the National Park Service, Big Cypress National Preserve. CONSIDERATIONS: Since 1990 The Ochopee Fire Control District has entered into a five year Memorandum of Understanding with the National Park Service establishing the terms and conditions under which both parties will provide mutual assistance with the Ochopee Fire Control District, the Big Cypress National Preserve and the immediate surrounding area. Land and buildings belonging to the Big Cypress National Preserve lie within the Ochopee Fire Control District. The current agreement was for five years expiring in 2005 and has not been renewed. Both entities have been cooperating on a verbal basis. A current Memorandum of Understanding will allow the Ochopee Fire Control District to qualify for certain Federal grants and will reinforce the excellent working relationship between the parties. FISCAL IMPACT: There is no direct fiscal impact to Collier County. GROWTH MANAGEMENT IMP ACT: This will not affect the growth management impact. RECOMMENDA TION: That the Board of County Commissioners approve the Memorandum of Understanding between the National Park Service, Big Cypress National Preserve and the Ochopee Fire Control District. Prepared by: Paul Wilson, Fire Chief, Ochopee Fire Control District - .. Agenda Item No. 16F2 March 27,2007 Page 3 of 10 MEMORADUM OF UNDERSTANDING G5120070002 Between UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE BIG CYPRESS NATIONAL PRESERVE 33100 Tamiami Trail East OCHOPEE, FLORIDA 34141 and OCHOPEE FIRE DISTRICT ARTICLE I - BACKGROUND AND OBJECl1VES This agreement is entered into by and between the National Park Service (hereinafter "NPS"), United States Department of the Interior, acting through the Superintendent of Big Cypress National Preserve (hereinafter "Preserve") and the Ochopee Fire District, represented by and through the Board of County Commissioners of Collier Cotmty, Florida (hereinafter "Ochopee Fire District"). The purpose of this agreement is to establish the terms and conditions tmder which both parties will provide mutual assistance in preventing, detecting, and suppressing structural fires, within the Ochopee Fire District, the Preserve, and in the immediate SUITotmding area. Currently, the Ochopee Fire District is empowered by Collier County, State of Florida, to provide structural fire protection within and outside the Preserve, to provide wildland fire protection on state and private lands outside the preserve and to assist other state and federal agencies in wildland fire protection within and outside the preserve. Congress further established the Preserve that the area within the boundaries depicted on the map (in Appendix A) shall be known as the Big Cypress National Preserve. Such lands shall be administered by the Secretary as a unit of the National Park System in a manner which will assme their natural and ecological integrity in perpetuity in accordance with the provisions of this Ad. and with the provisions of the Act of August 25,1916 (39 Stat 535; 16 U.S.C. 1-4), as amended and supplemented. ARTICLE n - AUTIlORITY This agreement is entered into under the authority of 42 U. S. C. ~ I 856a (2007). ARTICLE ill. STATEMENT OF WORK A The Preserve shall report promptly to Ochopee Fire District all structural fires originating within the Preserve and wildland fires on properties adjoining the Preserve or which threaten structures or roadside improvements. B. The Preserve shall take initial attack on those wildfires occurring outside the Preserve on Ochopee Fire District protected lands within approximately I mile of it's boundary without awaiting a request to do so if the fire threatens or may threaten Preserve lands. C. The Preserve shall provide fire weather data generated from the Service's AFFIRMS and remote weather stations (RAWS) to Ochopee Fire District upon request D. The Preserve shall provide assistance on structural fires within the Preserve to include exterior exposure protection, water relay, emergency medical assistance and traffic control (to the extent of certified skill and training level of the Preserve's stafi). Agenda Item No_ 16F2 March 27, 2007 Page 4 of 10 : E. Ochopee Fire District shall report, to the Preserve, all wildland fires within or threatening the Preserve that are observed by or reported to Ochopee Fire District personnel. F. Ochopee Fire District shall take initial attack, or reinforce Preserve staff at, wildland fires, resulting from structural or vehicular fires, to which they have responded within the Preserve (after completing their primary structural responsibility). G. The parties further agree as follows: I. To meet jointly at least once annually before September 30 to review and update this Memorandum of Understanding as needed and to provide for other meetings as deemed necessary for discussions of matters relating to the management of fire on lands within and adjacent to the Preserve. 2. Each party shall provide to the other party a list of responsible persons, with telephone numbers, to be contacted in an emergency. At least once a year, or more often if necessary, each party shall provide the other party with an updated list of such persons and telephone numbers. 3. Each party shall provide to the other party copies of current fire management plans for their areas of primary responsibility, including maps of areas involved and descriptions of special or extraordinary actions taken. 4. Only Minimum Impact Suppression Tactics shall be used when fighting fires within the Park. No chainsaws or ground-disturbing equipment such as graders or bulldozers shall be used without the permission of the Preserve's Superintendent or his/her designee. 5. After notifying the other party ofa fire's discovery, ether party may take immediate action to suppress a fire in the other party's area of primary responsibility in order to save life or property. 6. Each party to this agreement waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this agreement. 7. Neither party to this agreement shall reimburse the other party for all or any part of the cost incurred by such in providing fire protection pursuant to this agreement. 8. Nothing in this agreement shall be construed as obligating the Preserve to expend in anyone fiscal year any sum in excess of the monies appropriated by Congress and allocated by the National Park Service for the performance of this agreement. 9. To designate a person in each agency to coordinate fire management activities and meetings between agencies. 10. Each party shall provide the other party fire reports of fire suppressed on the other party's lands. 11. Each party shall assist each other in investigating the origin and cause of fires and in providing resulting reports as requested for use in prosecuting arson suspects. 12. Each party shall comply with each agency's fire management policies (as attached in Appendix "B") when suppressing fires within the other agency's lands. 13. When initial attack and/or reinforced attack mutual aid is given, each agency will bear the cost ofit's own suppression efforts with no monetary reimbursement required. Such requests will be honored based upon criteria in Appendix C for dispatch offire forces and the status of fire conditions within the receiving agency's land. Assistance rendered herein is limited to the first 24-hour period. Agenda Item No. 16F2 March 27, 2007 Page5of10 ! 14. Each party shall notify each other of fire training being conducted and to share such training sessions with each other on a space available basis. 15. Each party shall develop compatible radio communications systems for the purpose of joint fire prevention and suppression. Each agency agrees to allow the other use of those frequencies identified for communication of fire activity. Each agency agrees to abide by radio procedures established by the other during such communications. Each agency shall maintain it's own radio system. ARTICLE IV - TERM OF AGREEMENT This agreement shall be effective for a period offive years from the date of final signature, unless it is terminated earlier by one of the parties pursuant to Article VIII that follows: ARTICLE V - KEY OFFICIALS A. For the NPS: John Nobles, Chief of fire and Aviation Big Cypress National Preserve 33100 Tamiami Trail east Ochopee, FL 34141 (239) 695-1145 B. Ochopee Fire District Paul Wilson, Fire Chief Ochopee, FL (239) 695-4114 ARTICLE VI - PRIOR APPROVAL Not applicable ARTICLE VII - REPORT AND/OR OTHER DELIVERABLES Upon request and to the full extent permitted by applicable law, the parties shall share with each other final reports of incidents involving both parties. ARTICLE VIII- PRPERTY UTlLIZATlON Unless otherwise agree to in writing by both parties, any property furnished by one party to the other shall remain the property ofthe furnishing party. Any property furnished by the NPS to the Ochopee Fire District during the performance of this agreement shall be used and disposed of as set forth in the NPS Property Management Regulations. ARTICLE IX - MODIFICATION AND TERMINATION A. This agreement may be modified only by a written instrument executed by the parties. 8. Either party may terminate this agreement by providing the other party with sixty (60) days advance written notice. In the event that one party provides the other party with notice of its intention to terminate, the parties shall meet promptly to discuss the reasons for the notice and to try to resolve their differences amicable. The parties commit to using every reasonable means available, including the use of a neutral mediator if necessary, to try to avoid terminating this Agenda Item No. 16F2 March 27,2007 Page 6 of 10 agreement. ARTICLE X - STANDARD CLAUSES A. Civil Rights During the performance of this agreement, the participants agree to abide by the terms of the USDI-Civil Rights Assurance Certification, non-discrimination, and will not discriminate against any person because of race, color, religion, sex or national origin. The participants will take affirmative action to unsure that applicants are employed without regard to their race, color, religion, national origin, disabilities, age or sex. B. Promotions The Ochopee Fire District shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies Governmental, Departmental, bureau or Government employee endorsement of a product, service, or position which the (party) represents. No release of information relating to this agreement may state or imply that Government approves of the Ochopee Fire District's work product to be superior to other products or services. C. Public Information Release The Ochopee Fire District must obtain prior Government approval form the Superintendent of big Cypress National Preserve for any public information release which refers to the Department of the Interior, any bureau, park unit, or employee (by name or title), or to this agreement. The specific text, layout, photographs, etc. of the proposed release must be submitted with the request for approval. D. Liability Provision Each party to this agreement will indemnify, save and hold harmless, and defend each other against all fines, claims, damages, losses, judgments, and expenses arising out of, or from, any omission or activity of such person organization, its representatives, or employees. Agenda Item No. 16F2 March 27, 2007 Page 7 of 10 ARTICLE XI - SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date(s) set forth below. FOR THE NATIONAL PARK SERVICE: Signature: Name: Karen Gustin Title: Superintendent Big Cypress National Preserve Date Signature: Name: Randy Etfert Title: Contracting Officer Big Cypress National Preserve Date ATTEST: Dwight E. Brock, Clerk Board of County Commissioners of Collier County, Florida acting as the Board ofthe Ochopee Fire District By: James Colletta., Chairman Approved as to form & legal sufficiency ~~~. " _ \. 'S'~ . ~ ' L--<- -., . -. unty Atto Y Agenda Item No. 16F2 March 27, 2007 Page 8 of 1 0 MEMORANDUM OF UNDERSTANDING REVIEW SEQUENCE The undersigned have reviewed this MEMORANDUM OF UNDERSTANDING for pertinence and have initiated actions for revisions, as appropriate, to the respective responsible authorities. BIG CYPRESS NATIONAL PRESERVE (Fire Management Officer) OCHOPEE FIRE CONTROL DISTRICT (Fire Chief) 2007 Date Date 2008 Date Date 2010 Date Date 2011 Date Date Agenda Item No. 16F2 March 27, 2007 Page 9 of 10 APPENDIX B FIRE MANAGEMENT POLICIES FOR THE PRESERVE 1. All wildland fires will be effectively managed, considering resource values to be protected in and firefighter and public safety, using the full range of strategic and tactical options a described the fire management plan. 2. An active fire prevention program will be conducted in conjunction with other agencies to protect human life, prevent modification to preserve ecosystems by human-caused wildfire, and prevent damage to cultural resources or physical facilities. 3. The fire suppression methods used in the preserve should be those causing the least resource damage, commensurate with effective control. (No tractors, plows or retardant chemicals to be used without consent of the line officer of the Preserve) 4. Memorandum of Understanding will be developed to facilitate reciprocal fire management activities for land within and adjacent to the parks. Agenda Item No. 16F2 March 27, 2007 Page 10 of 10 APPENDIX C CRITERIA FOR RENDERING ASSISTANCE The rendering of emergency assistance in extinguishing fires and in preserving life and property from fires will be subject to the following conditions. I. The assistance will be limited to that which can be given without jeopardizing the protection of the assisting agency's property, and to such assistance as is determined by the authorizing official to be in the best interests ofthe assisting agency. 2. The assistance will be limited to the use of those facilities locally available and to those persons employed by the assisting agency (preferably trained in firefighting) at the time of the emergency. There is no authority for the hiring of additional personnel or for making procurements of services or materials for the purpose of fighting fire not endangering assisting agency's property or human lives. 3. The assistance will be limited to properties within a reasonable geographic distance from assisting agency's property at which fire protection facilities are maintained or within reasonable distance therefrom. It is assumed that under normal circumstances a call for assistance which requires more than an hour's travel time to reach would be considered unreasonable. 4. The assistance will, if possible, be performed without the expense of overtime payment. However, in those cases where it is not possible to adhere to this policy, necessary overtime may be paid if otherwise properly ordered. Agenda Item No. 16F3 March 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to reject Bid # 07-4108 for the purchase of Emergency Medical Services Uniforms. OBJECTIVE: To procure Emergency Medical Service personnel uniforms in a cost- effective manner through the County's bid process. CONSIDERATIONS: On January 12, 2007 bids were solicited by the Purchasing Department. The requests for bid were issued to twelve firms. Two firms responded by the deadline of February 14, 2007. Staff reviewed each of the bids received and determined that neither bidder submitted prices for enough of the specified line items. Therefore, staff recommends rejecting the bids from the two responding firms, Pride Enterprises and Aureus International and re-bidding this contract. FISCAL IMPACT: Funds for these services are available for FY 07 in Fund 490 - Emergency Medical Services. GROWTH IMP ACT: There is no Growth Management Impact resulting from this action. -, RECOMMENDATIONS: That the Board of County Commissioners rejects Bid #07- 4108 to the two firms listed above and further authorize the Purchasing Department to re- solicit this bid. PREPARED BY: Artie Bay, Operations Analyst, Emergency Medical Services .--~ Mf'-C':> .......0 _ l~.;..; en ...lji-o Vr-<t':::~ E:5 ZN _ E~~ g ~ 2"" ~-o2 ~2 +:l g> -0 0 +:l c: c: II) ~ o~ <{ oc" 20) .... o Z C/) 2 0:: o u. 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Cl u:: lXl ~ <( :;) ~ a. 0- :2: ""') u: Z 0:: <( 0- <( 0- L:Z 0)0 ClC/) Clll- 1::<( ~~ -UJ lrlz o~>- e<( O-~ ex) o T"" "'t f'- o 'I:i: o CO Item Number: Item Summary: Meeting Date: Agenda Item No. 16F3 March 27, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Recommendation to reject Bid # 07-4108 for the ourchase of Emergency Medical Services Uniforms. 3/2712007 9 00:00 AM Date Prepa red By Artie Bay Bureau of Emergency Services Senior Administrative Assistant EMS 3/812007 11 :49:59 AM Approved By Date Jeff Page Bureau of Emergency Services EMS Chief EMS 3/81200712:08 PM Scott Johnson Date Approved B)' Administrative Services Purchasing Agent Purchasing 3/9/2007 2:20 PM Approved By Mike Hauer Administrative Services Acquisition Manager Date Purchasing 3/9/2007 2:21 PM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 3/12/20072:29 PM Date Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services Director Bureau of Emergency Services 3/1312007 8:31 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3114/20078:34 AM Date Approved By Sherry Pryor County Manager's Office Management & Budget Ana.lyst Office of Management & Budget 3/16120073:55 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 311612007 5:27 PM Date Approved By James V, Mudd Board of C:ounty CommiSSIoners County Manager County Manager's Office 3/17/200710:05 AM Agenda Item No. 16F4 March 27, 2007 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve the submittal of a grant application to the Community Foundation to fund the attendance of staff to a Conference in the amount of $1,700. OBJECTIVE: Board of County Commissioners approval for applying for a grant to fund conference attendance. CONSIDERATIONS: Collier County Emergency Management is responsible for the most up to date response in an emergency, hence ongoing training and education is needed to ensure the care of our community. We have a diverse community which entails diversity specific training to ensure sensitivity to the needs of those who do not have their own voice. The Community Foundation offers the opportunity for funding 75% of the needed funds for staff to attend a conference entitled: National Conference on Community Preparedness. Topics include but are not limited to: reaching out to specific population segments, liability issues, innovative approaches to funding. GROWTH MANAGEMENT: There is no Growth Impact with this Executive Summary. ,....-, FISCAL IMPACT: The total project cost is $2,350. The amount requested is $1,700 although the minimum match requirement is 25%, the local match will be slightly higher because it is comprised of the total conference registration cost which is $650 (27.6%). There are monies in 118-144211-343231 budgeted for this expense. RECOMMENDA TIONS: That the Board approve the application for grant support/funding for the conference for Emergency Management staff in the amount of $1,700. Prepared by: Judy Scribner, Human Services Program Manager -- NCLCLUU/ -, .t'age 1 or .J Agenda Item No. 16F4 March 27, 2007 Paae 2 of 13 HOME I8DUT ~ NiGI.ONS ~ COMMITI&$ ., EVIiNTS ., ~E$ ~ ~l'IQN$. News ~ ta11Flt:A11Q4 DtSf;US$lCIH CiiIlOUP$ liiIEMBEItS C>>I. 't IIRE$$ RD04 IAEM SE ASIA WEB SITE ~ - ESPANOL FRANCAIJi" ITAlIANO PORTUGUES Membership Flyers: ITALIANO ESPANOL HUNGARIAN UKRAINIAN 2007 NATIONAL CONFERENCE ON COMMUNITY PREPAREDNESS Partnerships and Collaboration Through Citizen Corps June 10-13, 2007 Hilton Alexandria Mark Center, Alexandria, Virginia ~ister Online I About the Conference I Aaenda I Call for Speakers ~Istratlon Information I ~onferl!!nce Hotel exhibitors I Sponsorships ~ Come join us to ... ., . Share best practices on community preparedness . Get suggestions on how to reach out to specific population segments . Learn innovative approaches to funding . Hear updates on Department of Homeland Security initiatives . Network with other Citizen Corps partners . Find out how others are addressing liability.Jssues . Hear ideas on engaging elected officials . Listen to findings from citizen preparedness research . ...and much, much morel The conference is being hosted jointly by the International Association of Emergency Managers (IAEM) and the National Emergency Management Association (NEMA). The conference is open to all who are interested in making their communities safer, stronger, and better prepared for all types of hazards. About Citizen Corps Now in its fifth year, Citizen Corps has grown from an idea born out of the tragedy of 9/11 to a full-fledged grassroots movement to engage American citizens in community preparedness and security. Learn about the work of Citizen Corps. Agenda EI Conference Schedule (02/23/07) EI Aoenda Plannlno Document (02/23/07) http://www.iaem.com/NCCC2007.htm Welcon 2007 on Co Prepa Reais Confe (02/23. Aoenc Docur Call fe (02/23. propo NEMA helpfl Memt (attend, 2/26/2007 NCCC2007 rage L or j Agenda Item No. 16F4 March 27, 2007 Page 3 of 13 Call for Speakers D Download the Call for Speakers (02/23/07). D The deadline for proposals is Mar. 23, 2007. Registration lEI $325 for all conference registrants from now until April 3D, 2007. D $425 for all conference registrants beginning May 1, 2007. Conference registration includes: D Participation in general and breakout sessions lEI Breakfast on Monday, Tuesday, and Wednesday D Lunch on Monday and Tuesday Conference Hotel Hilton Alexandria Mark Center 5000 Seminary Road Alexandria, Virginia 22311 Phone: 703-845-1010 Fax: 703-820-6425 $162 single/double - Contact the hotel directly to reserve your room, and refer to the National Citizen Corps Conference to receive this special rate. . To make a hotel reservation and ensure that you receive the special rate, please click here. . Or you can call the Hilton Alexandria Mark Center (703-845-1010) or Hilton toll-free reservations (1-800-445-8667). If you call the toll-free number (1-800-445-8667), you must specify the Hilton Alexandria Mark Center, as there are several Hiltons in Alexandria, Virginia. Alternatively, you may call the hotel directly (703-845- 10lD). Located in the West End of Historic Alexandriar the Hilton Alexandria Mark Center Hotel offers elegance and attentive service combined with value. The hotel is within sight of the nation's capitol and just 10 minutes from the central business district of Washington, DC. Hotel guests are also near the quaint waterfront galleries and shops in Old Town Alexandria, Virginia. hU.plLLwwwl. hilton.com I en USI hi I hotel! DCAAH H F-Hilton-Alexand ria- Mark-Center-Virgin ia Ii ndex.do Exhibitors Non-profit and government: lEI $500 from now until Apr. 3D, 2007 lEI $750 beginning May 1, 2007 For-profit companies: D $850 from now until Apr. 3D, 2007 D $1,100 beginning May 1, 2007 Exhibitors will receive: http://Vvww.iaem.comINCCC2007.htm 2/26/2007 NCCC2007 ri:l-~I;;';) VI.:J Agenda Item No. 16F4 March 27, 2007 Page 4 of 13 -- al0xl0 space a conference registration for one person [more details and floor plan to be posted soon] Sponsorships Conference sponsorship opportunities are available at the 2007 National Conference on Community Preparedness. A partial list of sponsorship opportunities is shown below. To discuss being a conference sponsor, please contact Clay Tyeryar, CAE, at ctvervar@asmll.net or 703-538- 1795. A complete conference sponsorship flyer will be posted soon. --- . Platinum Conference Sponsorship ($15,000) - Sponsors receive premiere recognition on pre-event materials, prominent entrance signage, and designation as a specific meal or break host (choose one). . Opening Reception, June 10, 4-6 pm in Exhibit Area ($10,000) . Two Conference Luncheons, (Monday and Tuesday at $20,000 each). . Wednesday Award ceremony Luncheon ($25,000). . Two Breakfasts (Monday and Tuesday at $10,000 each). . Wednesday Coffee Break ($5,000). . Registration Bag Inserts ( $500 each item). . Registration Bags - 1 sponsor ($15,000). . Listing as sponsor/supporting organization on highly visible boards at registration and throughout conference ( $1,000). emergency disaster Copyright @ 2007 International Association of Emergency Managers I Contact Us I SiteMap I emergen- - http://www.iaem.comINCCC2007.htm 2/26/2007 Agenda Item No. 16F4 March 27, 2007 Page 5 of 13 2007 National Conference on Community Preparedness Partnerships and Collaboration through Citizen Corps Proposed Schedule (subject to change) Sundav.June10 4:00 - 6:00: Sponsored networking reception with welcoming remarks by conference hosts, exhibit hall open Mondav. June 11 7:00 - 8:00: Breakfast and Registration, Exhibit hall open 8:00 - 9.00: Welcome remarks 9:00 - 10:00 Plenary: TBD 10:00 - 10:30 Break 10:30 - 12:00 Plenary Panel Discussion: TBD 12:00 - 1:30 Lunch with 20-minute Keynote 1:30 - 3:00 BI"l~akout sessions . Track 1: Fundin2 . Track 2: Councils . Track 3: Citizen En2al!ement and Planninl! . Track 4: Onl!Oin2 Volunteer SUDDort . Track 5: Exercises and ResDonse 3:00-3:30 Break 3:30 - 5:00 Breakout sessions . Track 1: Fundinl! . Track 2: Councils . Track 3: Citizen Enl!aI!ement and Plannin2 . Track 4: Onl!oin2 Volunteer SUDDort . Track 5: Exe,ocises and ResDouse February 21, 2007 Agenda Item No. 16F4 March 27, 2007 Page 6 of 13 Tuesday. June 12 7:30 - 8:30: Breakfast, Exhibit hall open 8:30 - 10: 00 Plenary: TBD 10:00 - 10:30 Break 10:30 - 12:00 Plenary: TBD 12:00 - 1:30 Lunch with 20-minute Keynote 1:30 - 3:00: Breakout sessions . Track 1: Fundinl! . Track 2: Councils . Track 3: Citizen Enl!al!ement and Planninl! . Track 4: Onl!Oin2 Volunteer Support . Track 5: Exercises and Response 3:00 - 3:30 Break 3:30 - 5:00 Breakout sessions . Track 1: Fundin2 . Track 2: Councils . Track 3: Citizen Enl!a2ement and Plannin2 . Track 4: Onl!Oin2 Volunteer SUPDort . Track 5: Exercises and Response Wednesday. June 13 7:30 - noon: TBD February 21, 2007 COMMUNITY FOUNDATION OF COlliER COUNTY Application Form for Professional Development Grants Agenda Item No. 16F4 fI .1- '"'...,. ..........r.."""7 , ~~v Page 7 of 13 The application form is available in Microsoft Word. If you have WORD, you can save the version directly on to your hard drive or you may request that a form be sent by email by contacting us at kiasso@cfcollier.ora Section I: Applicant Information Name of organization: Organization's federal tax-exempt number (EIN): Collier County EmerQencv ManaQement 59-6000558 Contact person (s): Address with zip code: Judy Scribner 3301 E. Tamiami Tr., Bldg F, #103 Christine Chase Naples, FL 34112 Phone:239-77 4-8000 Email: iudvscribner@collierQov.net Fax:239-775-5008 christinechase@collierQov.net Total amount of grant request from the Community Total Project Cost: Foundation (must not exceed 75% of total project cost): $ 1,700.00 $ 2,350.00 Under which of the following categories of Professional Development grants is your agency applying: Applying For: ACTIVITY WORKSHEET TO BE (please check) COMPLETED XX Conferences/Education for staff and/or Board (Attendance Page 2 - Section II off site) Consultant Services Page 3 - Section III Equipment/T echnology: Tools, Training or Technical Page 4 - Section IV assistance Certification We (applicant organization) certify that: 1) The applicant organization has a written and board approved policy to employ staff, elect its governing board and provide services without discrimination on the basis of race, religion, gender, sexual orientation, age, disability, or national origin. 2) The information contained in this proposal is accurate and submitted with the Board of Directors' full knowledge and endorsement. Application must include Two Signatures: 1) Executive Director 2) Board Chair AUTHORIZING SIGNATURES: Staff Name & Title (Date) Updated 11-29-06 1 Agenda Item No. 16F4 BOARD OF COUNTY COMMISSIONE~arch 27,2007 Page 8 of 1 3 OF COLLIER COUNTY, FLORIDA By: ATTEST: Dwight E. Brock, Clerk James N. Coletta, Chairman Please send one original and one COpy of the application. Do not use folders or report covers. Section II - Proiect Reauest Form: Conferences/Education for Staff and/or Board CFCC provides educational opportunities for staff or board members to increase knowledge and skills that support the mission of the organization. 1. Briefly describe the activity. Include: . Who - Names of participanUs . What - Name of training or conference . Where - If applying for transportation costs, mode of travel and cost Judy Scribner, Human Services Program Manager for Collier County Emergency Management. I would like to attend the 2007 National Conference on Community Preparedness. I would need to use air transportation, round trip from Ft. Myers to Alexandria, Va. on June 10 with the return trip on June 12, 2007. Christine Chase, Senior Administrative Assistant for Collier County Emergency Management. This position has a primary function in accessing grant opportunities and managing the budget for the dept. She would like to attend the 2007 National Conference on Community Preparedness utilizing air travel with the same dates of travel as the above applicant. 2. How will the activity contribute to or improve your organization? This conference focuses on the need to reach out to specific population segments that may not otherwise have access to needed information. The topics include how to better utilize the volunteer opportunities and how to engage our elected officials even more effectively than we already do in Collier County. Funding issues always are involved. Christine's attendance would further our knowledge and access of funding opportunities outside the tax payer of Collier County. This Department works with a tight budget because of the situation specific response issues. The County Board is not always able to increase budget allocations for training despite the ongoing training needs of ever changing response mandates. As a result of utilizing training opportunities, your County Dept. of Emergency Management is a better functioning and more effective entity. 3. How will information be disseminated to your colleagues and/or the public-at-Iarge? Information will be disseminated via a written report to our colleagues. The public would benefit via our improved systems of communication and education. The hope is that we would gain innovative ways to provide information to our diverse community. Funding education would improve the provision of needed tools and information. "Being ready" is a Updated 11-29-06 2 Agenda Item No. 16F4 challenge and the changes in today's weather tracks require up to date in~J~h~g~?~~d skills. 4. You MUST attach a copy of a flyer, brochure or announcement of the event. BUDGET: Conferences/Education for Staff or Board Registration Costs_$325/person prior to April 30. Travel Costs: Appx $250/ person /rnd trip Dissemination Costs List Other Costs Per Diem:j114/person hotel = $486/person 25% cash or in-kind from (Source) County Dept would pay reqistration costs ($650.00) Total Cost: _$2350 _$1700.00 Foundation Request: Section 11I- Proiect Reauest Form: Working with a consultant Funding for a consultant for strategic planning, coalition building, fund-raising planning, needs assessment, grant writing or board governance. Appropriate documentation required. Please send ~ original and one copy of the application. Do not use folders or report covers. 1. Describe how you intend to use the consultant. (Purpose) 2. Who on the board or staff will have primary responsibility for shaping the project, working with the consultant, and implementing the results? Updated 11-29-06 3 Agenda Item No. 16F4 March 27. 2007 Page 10 of 13 3. Attach a copy of the consultant's resume and proposal or work plan. BUDGET: N/A Consultant Total cost of consultant Total number of estimated hours Other 25% cash or in-kind from (Source) Total Cost: Foundation Request: Section IV - Proiect Reauest Form: EquipmentlTechnology: Tools, Training and/or Technical assistance Needs related to meeting the mission of the organization. . Please send one original and one CODY of the application. Please do not use folders or report covers. 1. Describe the purchase or need for training or assistance: . EquipmenUTools: . Technical training: . Technical Assistance: 2. How will you use this purchase? Updated 11-29-06 4 Agenda Item No. 16F4 March 27, 2007 Page 11 of 13 3. Is this a new or a replacement item 4. How has your Board of Directors been involved in determining this need? 5. CFCC requires that you attach a Purchase Order, Estimate or Invoice from the vendor BUDGET: N/A EquipmentITechnology: Tools, Technical Training and/or Technical assistance Equipment Costs Training Costs Technical Assistance Costs Other 25% cash or in-kind from (Source) Total Cost: Foundation Request: PROPOSAL CHECKLIST ./ COMPLETE REQUIREMENT x Registered organization on-line at GuideStar.org x Completed and signed cover sheet x One Page Project Request Form (Page 2, 3 or 4) x The project budget (bottom of each project request form) x 25% cash or in-kind match included x One original & one copy of proposal Updated 11-29-06 5 Please send or drop off one oriainal and one copy to: Community Foundation of Collier County Attn: Professional Development Grants Committee 2400 Tamiami Trail North Suite #300 Naples, FL 34103 In.ID 649-5000 Agenda Item No. 16F4 March 27, 2007 Page 12 of 13 Updated 11-29-06 6 Agenda Item No. 16F4 March 27, 2007 Page 130f13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F4 Meeting Date: Recommendation to approve the submittal of a grant application to the Community Foundation to fund the attendance of staff to a Conference in the amount of $1 ,70Q, 3/27/200790000 AM Prepared By Judy Scribner Case Management Supervisor Date Public Services Housing & Human Services 311212007 1 :09:46 PM App roved By Marlene J. Foard Grants Coordinator Date Administrative Services Administrative Services Admin. 3112120073:07 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 3/13/20078:32 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 311412007 8:43 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/19120078:31 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3119/20079:13 PM i"""-''' _. Agenda Item No. 16F5 March 27,2007 Page 1 of 6 EXECUTIVE SUMMARY Recommend Approval of Resolution to allow the Tourism Department to accept donations of meeting rooms from local tourism attractions, hotels and other group function venues. OBJECTIVE: Approval of Resolution to allow the Tourism Department to accept donations of meeting rooms from local tourism attractions, hotels and other group function venues. CONSIDERA TIONS: The Tourism Department hosts a bi-monthly tourism industry meeting in Collier County. The purpose of this meeting is to educate the tourism industry on our marketing efforts on their behalf and to gain input from the participants on their ideas for marketing this destination. All Tourism Department employees attend the meeting as well as tourism promoters from our hotels, attractions, shopping venues and restaurants and our advertising agency and research company representatives. In the past, local tourism attractions, including the Naples Botanical Garden, Naples Event Center and area hotels, have volunteered to host this morning meeting and have provided a small snack for the attendees. The snack is of nominal commercial value, for example coffee and doughnuts. In order to more strictly comply with the Collier County Ethics Ordinance, the County Attorney's Office has determined that this "service" should be recognized and accepted as a donation by Collier County. This Resolution will allow Collier County to accept these donations on behalf of the Tourism Department. ADVISORY COMMITTEE RECOMMENDATIONS: The TDC has supported our bi- monthly Advisory Roundtable meetings and has always been in agreement that the meeting rooms be used at no charge. COUNTY ATTORNEY FINDING: The County Attorney has reviewed and approved this item. The Board of County Commissioners has the legal authority to adopt a resolution authorizing the solicitation and receipt of certain donations to the Tourism Department for valid and proper public purposes. FISCAL IMP ACT: There is no fiscal impact of this action GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. ,"'- Agenda Item No. 16F5 March 27,2007 Page 2 of 6 RECOMMENDATION: Approval of Resolution to allow the Tourism Department to accept donations of meeting rooms from local tourism attractions, hotels and other group function venues. PREPARED BY: Jack Wert, Tourism Director Agenda Item No. 16F5 March 27, 2007 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F5 Recommend Approval of Resolution to allow the Tourism Department to accept donations of meeting rooms from local tourism attractions, hotels and other group function venues. Meeting Date: 3/27/20079:00:00 AM Prepared By Jack Wert Tourism Director Date County Manager's Office Tourism 3/14120074:36:44 PM Approved By Colleen Greene Assistant County Attomer Date County Attorney County Attomey Office 3/15120079:02 AM App roved By Jack Wert Tourism Director Date County Manager's Office Tourism 3/15/2007 4:21 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3116120077:52 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 3/16120071 :28 PM Approved By James V. Mudd County Manager Date Board af County Commissioners County Manager's Office 3/17/2007 9:39 AM Agenda Item No. 16F5 March 27, 2007 Page 4 of 6 MEMORANDUM DATE: February 16, 2007 TO: Commissioner James Coletta, Chairman, District 5 Commissioner Tom Henning, District 3 Commissioner Donna Fiala, District 1 Commissioner Frank Halas, District 2 Commissioner Fred W. Coyle, District 4 CC: James V. Mudd, County Manager Leo Ochs, Jr., Deputy County Manager FROM: Jack Wert, Director, Tourism Department SUBJECT: Tourism Department Resolution Dear Commissioners: Attached is a proposed Resolution for the March 27, 2007, Board of County Commissioners' meeting. The purpose of this Resolution is to allow the Tourism Department to accept donations of meeting rooms from local tourism attractions, hotels and other group function venues. The Tourism Department hosts a bi-monthly tourism industry meeting in Collier County. The purpose of this meeting is to educate the tourism industry on our marketing efforts on their behalf and to gain input from the participants on their ideas for marketing this destination. All Tourism Department employees attend the meeting as well as tourism promoters from our hotels, attractions, shopping venues and restaurants and our advertising agency and research company representati ves. In the past, local tourism attractions, including the Naples Botanical Garden, Naples Event Center and area hotels, have volunteered to host this morning meeting and have provided a small snack for the attendees. The snack is of nominal commercial value, for example coffee and doughnuts. In order to more strictly comply with the Collier County Ethics Ordinance, the County Attorney's Office has determined that this "service" should be recognized and accepted as a donation by Collier County. This Resolution will allow Collier County to accept these donations on behalf of the Tourism Department. Please contact me if you would like to discuss this agenda item prior to the Board meeting on March 27,2007. cc: David C. Weigel, County Attorney Michael W. Pettit, Chief Assistant County Attorney Colleen M. Greene, Assistant County Attorney Heidi Ashton, Assistant County Attorney Agenda Item No. 16F5 March 27,2007 Page 5 of 6 RESOLUTION NO. 2007 -_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE SOLICITATION AND RECEIPT OF MEETING ROOM SERVICES TO THE TOURISM DEPARTMENT. WHEREAS, the Collier County Tourism Department operates in accordance with section 125.0104, Fla. Stat. (2006), and Collier County Ordinance 92-60, as amended; WHEREAS, the Board of County Commissioners of Collier County finds there is a compelling public purpose for the Tourism Department to solicit and receive donations of certain services, specifically meeting rooms for the regularly scheduled tourism industry meetings; and WHEREAS, the Board finds that there is a public purpose for the Tourism Department to host the bi-monthly tourism industry meetings in various locations throughout Collier County in an effort to showcase different tourism attractions and other meeting venues in Collier County; and WHEREAS, the Board frods that the Tourism Department may solicit donations to host the industry meetings, and that the donation may include use of the room and food and beverage of nominal value for all attendees; WHEREAS, the Board further approves obtaining private and public donations of meeting locations for the benefit of Tourism Department and its stated public purpose of promoting tourism in Collier County; WHEREAS, the Board of County Commissioners has the legal authority to adopt a resolution authorizing the solicitation and receipt of certain donations to the Tourism Department for valid and proper public purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby finds: 1. The Tourism Department industry meetings serve a valid purpose of promoting tourism in Collier County; 2. The donation of meeting rooms by tourism attractions, hotels, and other meeting venues in Collier County serves a valid public purpose; 3. The Collier County Tourism Department may accept the use of the donated meeting room and donations of food and beverages served at the meetings by the donor provided the items are offered as a courtesy to all meeting attendees, and not just county employees, and provided that the Page 2 of2 Agenda Item No. 16F5 March 27, 2007 Page 6 of 6 items are in compliance with the per diem allowances in section 112.061, Fla. Stat.; and 4. The Board of County Commissioners declares that there is a valid public purpose as to the solicitation and receipt of such donations in compliance with this Resolution. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of .2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Deputy Clerk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney - ,- Agenda Item No. 16G1 March 27. 2007 Page 1 of 18 EXECUTIVE SUMMARY To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. OBJECTIVE: To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. CONSIDERATIONS: Annually, the Community Redevelopment Agency's Site improvement Grant Program is funded at a level that satisfies existing grant obligations from prior fiscal years and future grant opportunities. The purpose of the grant program is to provide an incentive to revitalize the area by providing a matching grant to encourage the private sector to upgrade/rehabilitate their property. The residential/commercial/residential rental (select one) property grant requires applicants to provide a project cost-match of at least 50% with the remaining project dollars supported by Tax Increment dollars generated from the CRA District. For FY 07, a total of $180,000 is budgeted for the rehabilitation grant program. From this allocation, $100,000 is available for new projects and $80,000 is committed and due to previously approved applicants upon satisfaction of all grant stipulations. The site improvement grant application submitted by- Martha Lopera, 2080/2082 Pelton Avenue, Naples, FL 34112 was considered by the Bayshore/Gateway Triangle Community Redevelopment Local Advisory Board at their March 6, 2007 meeting, and recommended for approval. FISCAL IMPACT: Sufficient budget exists within the FY 07 Bayshore Gateway Triangle Fund (187) to satisfy this new grant application. A Site Improvement Grant may fund up to 50% of the applicants project cost up to a ceiling of $8,000. This site improvement project totals $15,158.60 and the grant request is $7,579.30 which is 50% of the estimated project cost. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA that may consider alternative land use plans, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. RECOMMENDATION: That the CRA Board approves and authorizes for execution the Site Improvement Grant Agreement between the Community Redevelopment Agency and Martha Lopera, 2080/2082 Pelton Avenue, Naples, FL 34112 in the amount of$7,579.30. Prepared by: Jon Ogle on February 28, 2007 Project Manager, Bayshore/Gateway Triangle Community Redevelopment Agency -1- Agenda Item No. 16G1 March 27, 2007 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16G1 . Meeting Date: Recommendation to approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redeveiopment Agency and a Grant Appllcant(s) within the Bayshore Gateway Triangie Community Redevelopment area. 3127120079:00:00 AM Prepared By Jon Ogle Project Manager Date Community Redevelopment Agency Bayshore-Gateway Redevelopment 3/812007 1 :41 :06 PM Approved By Jon Ogle Project Manager Date Community Redevelopment Agency Bayshore-Gateway Redevelopment 318120071;41 PM Approved By David Jackson Executive Director Date Community Redevelopment Agency Bayshore-Gateway Redevelopment 3/13/20079:00 AM Approved By Marjorie M. Student.Stirling Assistant County Attorney Date County Attorney County Attorney Office 3/13/2007 1 :40 PM App roved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/14/20078:36 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 3/17/2007 11 ;33 AM Approved By James V. Mudd County M an3ger Date Board of County Commissioners County Manager's Office 3119/2007 9;07 PM Agenda Item No. 16G1 March 27, 2007 Page 3 of 18 GRANT AGREEMENT BETWEEN eRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHORE/GATEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this _ day of , dSfQ2 by and between the Collier count Community Redevelopment Agency (hereinafter referred to as "CRA") and --11Jt\r.>+t.... .o.u'" (hereinafter referred to as "Owner"). d WIT N E SSE T H: WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County Commissioners delegated authority to the CRA to award and administer eRA grants including contracts with owners for CRA grants; and WHEREAS, Owner has applied for a site improvement grant in the amount of"7 57 ~.30 J dollars; and WHEREAS, the eRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of .(7 S7~.3o dollars on . ~o7 ("eRA Approval"), which is iiL% of the costs to construct the site improvements. NOW. THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. Owner acknowledges to the CRA that Owner has received a copy of the Collier County Community Site Improvement Grant Program (hereinafter referred to as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program. 2. Owner is the record owner of property described as ~(J60iJc.f.2 Pe l-h.,.; ~. / 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the eRA dated k~' f2<J ~ 2 ~) 2. 6 (} 7 attached hereto as Exhibit A and incorporated herein by reference. 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. FY2007 SIG Agreement 1 Agenda Item No. 1681 March 27,2007 Page 4 of 18 5. CRA bas approved a grant to Owner in the amount of "7, S- Jq. .J () to be fllIministered pursuant to the terms of this Agreement based on aD esri:rnated cost of .4/;--, /5P. "0 . If the actual costs are less than the estimated costs to construct the Site ImProvements and less than $8~OOO~ the grant amount shall be reduced dollar for dollar in matching CRA funds as determined by ratio of matching private funds required. 6. Unless prior disclosure is included in the grant applicati~ no Owner, or any immediate relative of Owner~ sball serve as a contractor or subconttactor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compeosation for labor for the construction of the Site Improvements. An immediate relative of Owner sball include mother, father~ brother, sister~ aunt, uncle and cousin or fiunily member by mmiage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Enviromnental Services Division. Upon completion of the work, Owner shall submit to the eRA staff a project snmmmy report, two (2) 8 x 10 after photos, a list of materials and constlUction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the eRA staff: The eRA, 1hrough its staff, shall confirm that the Site Improvements were constructed pursuant to the terms of the application approved by the CRA 8. Wrthin forty-five (4S) days after confinnaD.on that tile Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amolDlt of the grant However, if Owner fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (1) year of eRA approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. This Agreement shall be governed and construed pursuant to the laws of the State of Florida. 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and inco.tporates all prior understandings, whether oral or written. No change, modification or amendment, or any repmJeDtation, promise or condition, or any waiver~ to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner, and may not be A~ or transfeIred by Owner or to Owner's respective ~ personal representatives, suecessoJS or assigns without the prior written consent oftbe eRA.. FY2007 SIG Agreement 2 Agenda Item No. 16G1 March 27, 2007 Page 5 of 18 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. (1)~~ 0Q-J ~~ PrintcdlTyped (2) /.t~ Witness Signature ! Daulj L. Printed!I'yped Name ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: -~ FY2007 STG Agreement OWNER: By: J!~ -:lr~~ UIIRI/{/i ?Ope'\a.. Printed/Typed Name I COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONNA FIAL~ Chairman ... .) Agenda Item No. 16G1 March 27, 2007 Page 6 of 18 -, THE BAYSHORElGATEWAY TRIANGLE REDEVELOPMENT AREA SITE IMPROVEMENT GRANT APPLICATION t..i ... '.... Tomorrow SITE IMPROVEMENT GRANT APPLICATION 07 I 2007 Martha Lopera 2080/2082 Pelton Avenue ......... Agenda Item No. 16G 1 March 27, 2007 Page 7 of 18 SITE IMPROVEMENT GRANT APPLICATION Section 1: Applicant Information Owner Name: 11 f} RTfI f) Lore <' 0.. Owner Address: 2.0 g: 0 J%:r-rott/ -;:r. NA.f~, t=== L :H" J. - '-t 1-65 Site Address (if different from owner address): - ~Mr::;-tnh71'j~~ 1:' ~~f)~) dO~J. fe:1fTt>rV 71. rJNLeS, t='"L '":J411~-4':M.5 Legal Description of Site: '1>JfLE)( Daytime Phone: (,),1.;9) 60 l- d-.Y- ~ L t.E:l.L Alternate Phone: E-Mail Address: How long have you owned this property? 1-1.'(11-5. How long is lease term if leased? (attach copy oflease) -1 Y(l. (~A.i-=f5 O:L{OI' O~ ) Tenant Name (Commercial Only): Tenant Daytime Phone: Tenant Alternate Phone: Number of Years in Business at Site Address: Occupational License Number: Other Tenant Names, if any: First Time Site Improvement Grant Applicant? Yes ~ NoD Ifno, how many applications submitted? Grant(s) awarded? Yes D NoD 6 Details Agenda Item No. 1 ~e 1 of 1 March 27,2007 Page 8 of 18 Property Record Aerial I:imIII Sketches I r -,;mdI StatB FL Zlp~ 34112 - 4765 LegalU TAMIAMI HGTS LOTS 10 + 11 Section 11 I Township II 50 655300 8 Range 25 ~ Ac.... 0.32 ~ Map No. SA11 Strap No. 655300105A11 v Use Code TAMIAMI HEIGHTS MULTJ..fAMILY LESS THAN 10 UNIT 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll $ 174,636.00 $167,129.00 $ 341,765.00 $ 99,281.00 $ 242,484.00 $ 25,000.00 (= TaxableValue $217,484.00 SOH" .Save OUf Homes" exempt value due 10 cap on assessment increases. Latest Sales History Date Book - Pa Amount 05 1 2001 2833 . 361 S 0.00 01 I 2001 2763 . 600 S 167,000.00 06/1997 2322 - 977 S 124,000.00 09 /1995 2095 . 980 $ 15,000.00 -- EII1III The lnfonnation is Updaled Weekly. nttn./IWW'lLT r.n11iprllnnrl'licu>r {'.nm/RPI'(\rtn)pt~ill'l<:n?Ml'ln=.RrFn1i(\Tn=O00007h41 n?.4000? 1/1/?OO7 Agenda Item No. 1681 March 27,2007 Page 9 of 18 Section 2: Project Information Existing Condition of Project (attach additional sheets ifnecessary): AI&,../' /?cd oJ-! stof~e /v'~ ~ ~ ATTACH "BEFORE" PHOTOS AT LEAST TWO 8X10 COLOR PHOTOS, OTHERS MAY BE ADDED TO ACCURATELY DESCRIBE THE SITE). Outline Proposed Improvements in Detail (attach additional sheets ifnecessary): f\-vDf r f'ltoN\' fo~? I lANO)U{{~b List Materials to be Used and Construction Methods to be Utilized (Le. red bricks, wood panels, rooftype, etc.) (attach additional sheets if necessary): ALU(,{)'~~ (loaF A TTACH PHOTOCOPIES OF EXISTING CONDITIONS PHOTOS IDENTIFYING AREAS TO BE IMPROVED. ATTACH DRAWINGS OR SKETCH OF IMPROVEMENTS. ATTACH COLOR SAMPLES FOR EACH IMPROVEMENT. 7 Agenda Item No. 1681 March 27, 2007 I PREfERRED. ~ pa~10 of 18 : 0 CONTRAOOR Roofing by HOMEPWS · tEe~~ SlIl!Uc.' CCC13273ll1 COLUER: 239-nW957 Locally Owned 1511 S.E, 47th Terrace CHARLOTTE: 941-74M193 & O.......ed Cape Coral, FL 33904 ro'.' Fax: 239-541.1456 DA.TE ] PHONBI WORK/CELL I FAX 02-21"()7 601-2426 404-4423 Daughter NAME JOB SiTE Martha Lepera STREET STREET 2080 Pelton Sl. CITY STATE ZIP CITY STATE ZIP Naples FL . Remove existing shingle roof down to workable surface and haul away debris. . Replace bad or rotted wood if any at the extra charge of $37.50 per man hour plus the cost of materials. . Install one ply 3otb. underlayment at sloped roof deck. . Install 26 gauge galvanized factory painted drip edge and 26 gauge galvanized valley flashing. . Install galvanized dryer and kitchen vents. InstaJllead plwnbing boots. . Install 30 year dimensional fiberglass fungus resistant shingles using six nails per shingles. . Install 60 feet of aluminum ridge vents using screw fasteners. . All newly installed roof vents and boots to be painted to match shingles. . Clean up job site and haul away all roofing debris. Run magnet at ground at completion of job. . Obtain all permits and inspections. All work to meet or exceed applicable building codes. . Install two ply's modified bitumen at flat roof. One smooth and one granulated . Shingle color: Drip edge color: Ridge vent color: All material is guaranteed to be as specified: All work to be completed in a workman-like manner according to standard practices. Roofing by HOMEPLUS, Inc. will cany wol1<.man's compensation and liability insurance in accordance with state requirements. Any alteration or deviation from above specifications involving extra cost will be executed upon written orders and will become an extra charge over and above the original estimate. Roofing by HOMEPWS, Inc. shall not be responsible for damage to the ale lines, electrical wires, plumbing or other items which may be installed too close to decking. Homeowner agrees if payments are not made as specified in this contract, helshe will be responsible for any and all collection charges, attorney's fees and all court costs. All contracts are subject for review by the home office and may be terminated at any time prior to commencement of wor\(. No warranties will be issued until payment is made in full, including any and all extra charges for woodwork or alterations. Acts of God. induding, but not limited to, hurricanes, tomados, floods, earthquakes, fires, lightening strikes, hail storms, and winds in excess of wind levels listed in manufacturers specifications. will void all labor al1d manufacturers warranties. Roofing by HOMEPLUS, Inc. guarantees against defective workmanship and leaks for a period of 5 years. Work to be Perfonned for the SUM of: $ 8,780 .00 ACCEPTANCE OF PROPOSAL TERMS: The above prices and specifications are satisfactory and you are authorized to do the wo/1(. PROPOSAL WRITTEN BY: CEU PHONE: DATE: . Tom Hardin 872-0850 SIGNATURE: HOMEPLilSt rDUR OWENS CORNING PREFERRED C"TRACTOR .- CORPORATE OFFICE 5689 Industr1al Blvd. Milton, FL 32583 Contractor's Ucense #01325832 ~--d ~~ \NEST COAST Metal Roofing and Construction Agenda Item No. 16G 1 March 27, 2007 LOCAL Cjmcli of 18 17121 College Club loop #337 Ft. Meyers, FL 33913 Phone: 239-93'"7669 TaU Free: 888-709-7663 (ROOF) STATEWIDE' RESIDENTIAL. COMMERCIAL CUSTOMER {Y)Cfrth('f I rJ~ -r-, Cnv/STATE It )4fk..f; 'PL.. ZIP .JtJ//A. DATE:$.': ~ NAP ADDRESS pJi'J . I: viI: 60" - z. 9 it " HOME BUSNESS CONTRACT o METAL EDGING02,a01112 x 1112 [J)THER &rRIOGETYPE03-TAB Dz RIDGE !ilS'THER ~ ~t~ o WIND TURBINE 0 POweR TURBINE 86ntER ' , ~ I:rNEWSOILSTACKFLASHINGS_1112" 2T LJ"_4" o vt:NT STACK .." El" 8" ROOF PITCH o SKYLIGHT OBRONZEOw;;rTe l3'PAlNT ROOF STACKS WfT}i ANTIRUST PAINT o CltMNEY. 5KYUGHT REPlACE STEP FlASH1NG OMAsONRY FlASHING IJ"FtAT ROOF DaUR llHfoDfFjED Ll90Ib ROLLED ROOFING JjJ; l- LABOR WARRANty ON F!.AT ROOF Er C~ UP "NO HAUL OFF ROOFING DEBRIS [bLEAN GUTTERS 14'" ROll NAIl MAGNET THROUGH YARD o CORNICE 0 OPEN 0 BOXED g 'poES DRIVEWAY ~VJ CRAC$OMINOR DMAJOR [9'STATE LICENSED (gfONDEO t:IlNSURED F i.... 4 ~ECOVERROOfWlTH ~ y l..rtw-<tjL o REPAIR ROOF 'MTH ' lB" STYLE OF SHINGLES riFl6ERGLASSo"..ooO [bTHER o REPAIR APPROX SHINGLES RIoGEFoo7 o COLOR OF SHINGLES 0 CUSTOMER CHoiCE l3" 3a....VEAR(S) MANUFACTURER'S UMIlED WAAAANlY ON sttlNGLES ~..k:.. YEAR(S) UMlTEtl WARRANTY ON SHlNGU; lABOR (TRANSFI:AABlE) ~RANTE-.SPN MATERlAllI'ISTALLED ONLY BY WEST COAST liT TEAR OFFB'ONE !.AVER Drwo LAYERS O>THER ~j'ROTECT SHRUBS ON TEAR OFF (AS NEEDED) ~j)ECKJNG /l-s tv<.e,k.l ~ {]FASCIA 4'}.[;!Z. c. F- ~ 13EPLACE FELT PAPER V.L RATED hP.:I;' fil"OOU8LE EAVES OCUT BACK EAVES OSlNGLE EAVES ~EWVAllEY ~LVALUMEME~f'LANOCLOSED [hPEN B'" NAILS OHl Y (NO STAPLESU it ''J ;5",., s/.; ~ SPECIAlINSTRUCTlONS OR REMARKS: e ::..rA lNSURAllfCE CO.: ADJUSTER: PHONE: This ~ ~ West Coast ~ Fl"'*'v & CIlfIalJudion f!he "Company") lIIllI1he wsIometts) IllImed IIbove (!he "Cusbneri, _ tIII'f ~ .- pu-stMllllhereby. is SIlbjecIed III III ~ 1lMs. /'lIgUIBlion$ IInCI onIIn8nces. and to !he IaIIow1og spedlllamQ _ COlllIIllons: 1 THE PROPOSAL TO PROVIDE MATERIALS AND PERFORM SERVlCES. AS SET FORTH ABOVE. 5HAU. NOT BE BINDING ON THE COYI'ANY UN1IL SIGNED BY THE CUSTOMER AND THE COMPANY"S AUTHORIZED REPRESENTATIVE. l>J..uctt lime as this 1lfl'IlO...1 i. signed by all plries ruorned above. hn Ihs proposal becomes a '*'ding conlnod as of that dale. COMPANY PROPOSES 10 UniIIllabor and JMIarta/. in 4ICOOIdanoe wilIl tie .IIbove ~, 10<.... sum of $ PAYMENT OF THE CONTRIICT AMOUNT TO BE MADE /IS FOLLOWS: A _ peyment ot $ ~ Is due upOf\ axeuJtion of this conI!w:I by all panju .-quinld 10 e_ t. ..... !he baIanoe 1>8)'_ ill UI "'-'-lIIeI!f upon """"""lien of the C<>n1nIc:l bonns by Company UOlIu. olhmwi... a~ 10 in ~ by West Coal. Metal RoatIng & ConslnIclion. Delinquent oopaId balance IJeviming 0l11he 15th da)I _r c;ompIelia-lal mal project sllaIl be p.Id .. Il1e rate at 1 112% per month, ANNUAl. PERCENTAGE RATE OF 18"4. AllDmey flies and c:outl CDsts will be adde<IlI placed for coIedion. Payable ill MIlton, Sanla Rosa Ccunly. I'1oOOa. The P!llCO Iaf paymenI sIlall be: 56Il9lnduslria1llou1evard, t.Ii!llln. FL 32583. 1. This CDI1hCI",- for maletiIroI5 .- 10 ~ roof projed ._ III !his con1ract. Arty IrioYer m.Ieflal.... remain 1he ~ at Wesl CoasI Metal Roofing & CllI1IIruc:tion "'*ss ClCtleIwise 8tlthorlzed in writing by II Wul Coast ~"". Cus__ is responsible 10 seen aR pels lh8I may lI$QIIle rbing I1lCIf instaIlmenl. CuBlomer responsille fer removing .. lems ITDm .....-s. 1IheIYe, or ceiings !hat miOllllell during roof 00MIruCIl0n. C_ is respansIbIe In ca_ .. V8IuabIes In IIGIc:. 2. West ea.sl MeIIIl RooIlnv & ConslruclIanwil r>DI be held table for !he de<;t of Ole MW roof insWIrtion upon MIlk orclelllr\cnleG e>datino.wdr.nl eIaments such as. buI not tnW\llcIlo. IIac:t IIoard$IIllII "* Of( aac:k during inslllllallon. aac:ks In _ Of(~, ..... chppIng. naI popa, lbd&ns droJIpinQ. mertao cradling, go-. dropping. roof 5lI(/, *- In hi ~ of 1WlmllIl rocrIing proaodtns, Wol1un8mI1Ip -..nI\l cowrs proper inStaIaIion '- acr;ording 10 manufIIc:Iuq ~s. WaIlrnanmp WWIW1ly _ not 1ncIudoI....., done by 3nl P8Illes, ..wnars, sIorms. or oIler.clS of God. West Caast MlIlaI Rooftng & ConslrucIion... not be held _lor ~ Of( replacremenl CII axIuI Wesl Coast Mel8l Roofing & CooIIlndon '*'*' deaMd lie 'GoItIeIW ContnIcIol" Cusklmet by s9*'u below, acIrnowledge$llI8l he has read .... ~.lo .. lie letmS _ c:oncIiIloIls M ltIIs canlnIct .. sel1lll1h ._. CUSTOMER ACCePTANCE: Accepled by CusIomer euIhclizloId Weal Coal ~ Roa&Ig & ComlnIdiCllI tIl piece mllIeri8I. tnJcIr; 8IId/Gf tnoIlar CUSTOMeR ACCEPTANCE: 08Ia OInliBll Dale AIeorized ~ D* CUSTQUER: ADDRESS' CITY. STATE, ZIP. ^~,{fJkr!9_ & Sheet Metal,lnc. . . 2526 Andalu51a Blvd. Cape Cor8l. FL 33909 Agenda Item No. 16G1 . Ma ch 27, 2007 e 12 of 18 ~ropo~al Tall Free: (866) 361-7863 Lee Cauntli: 1239)242.7863 ChBt"Iot:U CoUnty: 1941) 629-0805 Collier County: 12391775-6550 Fax: [239) 574-9682 i: ': i ~i JOB NAME: JOB ADDRESS: CITY, STATE, ZIP: CELL: E-MAIl: SHINGLE ROOF REPLACEMENT: SLOPE: 411"J. LAYERS: J 5 ~ 1.) Remove the existing roof down to the wood decking and dispose of properly. 2.) Replace any deteriorated wood decking at a rate of S ").uo per sq. ft. for plywood and/or $ '-t. o~ per lineal ft. for fascia, or plank. 3.) Instan one ply felt mechanically fastened to deck, per building code requirements. 4.) Install new kitchen and dryer vent flashings: 4.~ 1 0- ~ 5.) Install new lead plumbing flashings: 1.5- 2-:? 3- J 4" 6.) Install new drip edge to perimeter edges: LF --:r, 'K PC'!? Color 7.) Install metal valley flashings, per building code requirements. 8.) Install new fiberglass algae resistant: 025 Year ~ Year 040 Year 050 Year 03 tab I 0 cimensionallarchiteclural shingles per manufacturer specifications. Color 9.) Perform a fine clean up and remove any related debris upon completion. Sweep yard lI1Iing magnet. 10.} All work to be performed by experienced mechanics, fully covered with the proper amounts of Woi'Xmen compensations and General Liability InslJrance. 11,) Capital Roofing to obtain all permits and necessary Jnspections. 12.) Provide a '/ year workmanship warranty and all manufacturers written warranties. Options: Install I ()oo L. F. of Cobra f Ventsure ridge venting at ridgelines. $ g:::. ~ . OJ ).. - J.. V I.f (0 '-I: 5~ Notes: <; ~ .> U/I>-? C~ ~~~ ~'" fr.Jr- ~ J~ ty.,o c.\-Ihl ~ ltXL~- All ma18rial is vuamnteed 10 be as apecl/led. All worI< to be compleCed in a workmaIl-like manoer aCl;Ordlng to standard p<aCllces. AIY'J allefation or devi. lion from above spe<:ificaUoos inl/Ohring extra oosts wi. be 8X8I:UIlICI ooly upon WI1tIen orders and will become ao exllll charge 0_ and aboYe tile esti- mate. AJI agteemelll. contingent upon st,ikes, lICCicIenW at del8y1l beyond our eonlrol. Owne.- to carry fi~, tornado and 01her necessary insurance. Capital Roofi"ll & 5'-1 Metal. In~. will not be noaponsible 10, any <l8nuoge It> lhe lnteriof of the home caused by a de!edlve roof. Any 'allen woacI or hidden prabletTW \t1lI1 nMd repIIirs bem work can be completed wiD be c:IIarged at lime ,",d materlal& or the owner can mah the nee- ass...,. rapen and then notify Capilal Rooftng & Sheet Melli, lnc.. to complete IIle contract WIlan doirQ flat roof only, Capltlll Roofing & Sheet Metllls no! f88panalble lor leaks camJng lrom slopod .'88 above. We propo5jt to furnish mat_I and labor . c;ompIete In ecoanlaonce with tile above specifiGoliona for tile Bum of; p. ' , '/., pco",,- ~b f1A.... ~ C~ Dollars(S ? 0... C). l " Payment To 6e Made In Plnon As Follows: 0_ D'. 0"'" D8C1ed1tc.n:l' Exp. _ OC/1ad("_ All d8pO$lb> "'" non-relundable pnot to midnight of the third busi""",' day after lhe oate ot thelr8nuClIOClll. Buyers right to cancellation: You the buyer may canoellhis lnansaclion al any time prio, to mtdnighl of the thiId busl_ day alar the da18 of the Ira.... aellon. Notice mu.1 be NCl8ived in writing, by CIJItffle<I mail Ot by telegram, po.sl marked not later than midnight oflhe third bu....... day after lhe date of transactiDn_ No warl1lnlles wll be iHuad until payrTl8lllls made inlutl, including IIY'J and all exlt1l cIlargaa for woodwoll< or .Ierallona unIe.. apecilicaUy detailed on the flOe of lhe contoact. AccepIaMI of COntnIct: III the event In sltomey mU81 be hired by Capital Rco(IIl9 & Sheal Metal, Inc. tD col\$ttue. enforce or del8nd this cannel (Including any appeals) the ..-.de($igned will be responsible far all *rNY rees and Olll of pOCket expenSO$. The ~ prioes and c:ondllIona are IIIlJBfac.. loIy and he<eby llCiCe\lted. You are eolhorizad to do the work. Pa)'lh8f\t will be mlldrt III outllned abo\/e. Bills outstanding shaP bea, interest at the rate 01 18% per Innum. ACCEPTANCE OF PROPOSAL The abo\/e prices. spect!lcstlons and c:ondiliol'S IW8 aatiafactaly, and IIlI hMeby aCrOllllted. Payment will be made _ outlined in abow. The CXln1raclor ,. eel'\l85 the rl9ht to accept or ..jecllhia conIntc:l and mey do so III any lime pelor to oro.ring malenal. Custamef Signature Cepital Rao1Ing n ~ Signature, ~ Witness Dale NOTE: This proposal may be withdrawn by us if root accepted within 30 days. · Metal 6 FT · Wood 6 FT · Chain Link · Galvanizado 6 FT · Madera 6 FT · Alambr. Agenda Item No. 16G1 March 27, 2007 Page 13 of 18 ~ropoS'al rW &/;; &Ft ALL FENCE $~"'E: c:: C>> ....._ SE HABLA ESPANOL Ph:/Tel: 239-247-2367/239-645-3364 6& J. _Ft Bill To: ~ LOP~ - (Z~ ;20$J rez-7T)It) S/- )./a,k 3411Z- ~ 39) b 0/-.:t4 76 ( L l:f R 6LFt / I HOUSE LJ:L Ft Front ~Ft Terms Sales Rep vsT;ihd) PRICE: $ OTHER: S PERMITS: $ TAX:S TOTAL: $ DEPOSIT: S c.5l>t, BALA.'lGE: S c~:! = S- (rTf/I" + Permits & Tax S2JZ Customer hm:by assumes full responsibility for the location of the lines upon which the fence is t{) be installed, and for the location of any and all underground cables, pipes, sprinkler systems, septic tanks, etc., atld clearing the fence line of any uees, brush or other obslrUctions. If we should encounter underground rock or other underground obstnJctiom, there ....ill be an extra charge. ALL FENCE is not responsible for damage, dcsasters, hwricanes or accidents. Wheather may delay starting and completion date. All agreement contingent upon strikes, accidents or delays is beyond our control. ACCEPTABLE OF PROPOSAL - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. We understand that there will be a monthly charge of 1 1/2% of balance after due date. ~ ~ DATE: AUHTORIZED SIGNATURE ~ -: ..... r \tJ-7< 'D Pride Fence Csrp. 3230 4th Ave NE. Naples, FL 34120. Ph: 239-304-3233. Cell: 786-290-8619. Lie' 27945 Agenda Item No. 16G1 March 27, 2007 Jiopo~al We hereby submit specifications and estimates for: Fax#: . i- f f ,. t f.. 't V \ "- IL\ 't I l\ /6 it 1 0 1- 'f' r ''f y: 7- . Y ,'< II 1. '(. .\ ~ i '( -{ / '~.}\J rYA, L\. ~ L.I .1 i : l :. "'/ '? ~ <t;' ,) y 'I 1-/<-: fir; /. 1- y. ,.. .--'-.~.. '. y ,.< ;<: ;< . 'f \ \ \ '- .....--~ y/ \ I V...' ,/' \ . ,.~~ / \ " .~.''"': . ( ',\ ':Ii , .-- . \.f i / Ii/, ' \ ).. . it;"" 0/ :. ~~! . C'./ '. .' .f \ I ~~// )I. A , Ii y y ~{o y y y } 'I · 1- · ).? ;><Y. ?II We hereby propose to furnish material and labor~mplete in accordance with the above specifications for the sum of: $ Dollars, with payments to be made as follows: Any alteration or deviation from above specification involving extra costs Respectfully Submitted wlll be executed only upon written order, and wl11 become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Note- \his proposal may be wllhdrewn by us if not accepted wllhln_ days - arctptallU of ~ropo'al The above prices, specifications and conditions are satisfactory and are hereby accepled. You are authorized to do the worli: as specified. Payments will be made as outlined above. SignalUre Date of Acceptance Signature 0'......... Agenda Item No. 16G1 March 27, 2007 Page 16 of 18 POINT EV ALVA TION FORM A point system will be used by CRA staff to evaluate projects, using the following table (application must clearly indicate what project provides to get the points associated with that item); POINTS FORM Project Provides Points Points Available Awarded Removal of false facade, awnings, canopies, porches, signs or old entryway I New porch, awning, and/or canopy I Construction of new public entrance I New signs, on building or monument 1 New paint only 1 Paint complements the "Old Florida" style 1 Design consistent with the "Old Florida" style I Replacement or repaired windows or doors 1 Swales and stonnwater imorovements 2 Repointing of mortar joints for brick or stone fronts 1 Woodwork repair, replacement or new installation 1 New Roofing, rain gutters, or soffit 1 I Stucco or siding work 1 parldIUZ improvements (Commercial) 2 Driveway replacement or improvement (Residential) 1 Landscaping improvements and irrigation system 2 Hurricane protection (storm shutters, windows, doors) 2 Fencing 1 I Subtotal 2- Other Criteria Applicant has funding and is prepared to begin permitting process and hiring 5 5 of qualified contractors immediately following CRA approval and complete all work within one year of aporoval bv CRA Improvements will allow applicant to remedy existing code enforcement 5 problems 151 time Site Improvement Grant applicant (repeat applicants qualify for points 5 .( if grant not awarded previously or 2nd commercial site) CRA contribution of25% or less of the total project cost 10 CRA contribution of 26% - 50% of the total project cost 5 <' Subtotal TOTAL 1'\ NOTE 1: Any alterations in the project must be pre-approved by the eRA to avoid revocation of funding. In the event that the total funding request from all applicants exceeds the amount available for this grant cycle, funds will be awarded at the final discretion of the eRA based on the merits provided to the redevelopment area. NOTE 2: Grant is for renovation/improvement of existing structures. Grant may be awarded for improvements made _ to "existing" structures as part of a new construction project (example: hurricane quality window replacements on existing structure as part of residential room addition or commercial office expansion). 3 Agenda Item No. 16G 1 March 27, 2007 Page 17 of 18 PROJECT INITIATION AND COMPLETION FORM (to be submitted with Site Improvement Grant Application) I, tf),::ve-tir:J. L g r.:>-e-er-:l . ownerLteRant" of the property located at J()~() fyo,f,.2 R {.J.n~ ,Ave- , have the funding and capability necessary to begin the site u/provements listed under Section 2 of the completed site improvement grant application and have the ability to complete all improvements within one year of the approval of the site improvement grant by the Collier County Community Redevelopment Agency. ,,' LV .~~ Signature of Ownerffe ant (Commercial only) ,)120:f.<;' ") DaW Signature of Owner /Tenant (Commercial only) (if jointly owned or leased) Date Signature of OwnerfTenant (Commercial only) (if jointly owned or leased) Date 9 Agenda Item No. 16G 1 March 27, 2007 Page 18 of 18 Section 3: Project Cost Information Estimated Project Cost: ALL WORK TO BE COMPLETED BY A CONTRACTOR MUST HA VE AT LEAST TWO (2) WRITTEN ESTIMATES OR QUOXES ATTACHED TO THE APPLICATION. Estimated Requested from eRA $ ~3 pr .J() Residential owner-occupied (up to 50 ~ of the total project cost, up to~ but not exceeding $8,000.) Residential rental (up to 33% of total project cost, up to but not exceeding $8,000.) Commercial (up to 25% of total project cost, up to but not exceeding $8,000.) COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL REQUIRED UPON PROJECT COMPLETION AS PROOF THAT ALL MATERIALS AND CONTRACTED lMPROJlEMENTS HAVE BEEN PAID. NO REIMBURSEMENT WILL BE MADE BY THE eRA UNTIL ALL RECEIPTS AND/OR CANCELLED CHECKS HAVE BEEN RECElYEDAND VERIFIED. '-~R~tJ~~. :::::~~< ,P~.ofT~ ..:'60-~... ~~~ Owner Signatur ~ Date Date ~z/2{/o ? Datt / 8 Agenda Item No. 16H1 March 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTIONIEVENT: VIP reception, preceding FGCU University Lecture Series event, "Diplomacy: Persuasion, Trust and Values", presented by General Colin L. Powell, USA (Ret.), held at Alico Arena in Estero, Florida. ~ PUBLIC PURPOSE: Meet and interact with regional officials and business leaders. DATE OF FUNCTIONIEVENT: March 23, 2007 FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget. RECOMMENDA TION: That the Board of County Commissioners, in accordance with resolution No. 99-410, approve reimbursement by the Clerk for meals provided to Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC ~ Agenda Item No. 16H 1 March 27, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16H1 Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attended the VIP Key Private Bank Sponsor Recepllon at Allco Arena on March 23 2007. $25 00 to be paid from Commissioner Halas' travel budget 3/27/2007900:00 AM Item Number: Item Summary: Approved By Sue Filson Executive Manager to the Bee Date Board of County Commissioners BCC Office 3/8/20072:58 PM Approved By James V. Mudd County Manager Date Board of County CommiSSioners County Manager's Office 3/14/20078:14 PM Agenda Item No. 16H1 March 27, 2007 Page 3 of 3 rKi RICHARD PEGNETIER, INTERIM PRESIDENT AND BONNIE L. YEGIDIS, PROVOST IN PARTNERSHIP WITH Key Private Bank <>-K: REQUEST THE PLEASURE OF YOUR COMPANY AT THE UNIVERSITY LECTURE SERIES EVENT "DIPLOMACY: ~ERSUASION, TRUST AND V ALUES" AN EVENING WITH GENERAL COLIN L. POWELL, USA (RET.) FRIDAY, MARCH 23, 2007 6:00 PM ALICO ARENA RSVP YOUR AITENDAi'lCE OR REGRETS BY CALLING 590-1237 OR E-MAIL RBUKOWSK@FGCU.EDU ON OR BEFORE FEBRUARY 12,2007. You MUST RSVP TO THIS INVITATION. TICKETS ARE LIMITED. please join us for the VIP Key Private Bank Sponsor Reception immediately preceding the lecture ,f !1 .f:( ~ at 4:00 PM 'f.I.K/) ~ (The reception will be held in a private tent located in front of Alico Arena) All VIP materials including tickets are required and will be mailed to you on or before February 28,2007 upon your reservation. Agenda Item No. 16H2 March 27, 2007 Page 1 of 3 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERA TIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTIONIEVENT: Luncheon for Volunteer Drivers, sponsored by the Veteran Services Department, held at the Elks Lodge, 3950 Radio Road, Naples, Florida. PUBLIC PURPOSE: Recognition of local citizens who volunteer their services to Collier ....... County veterans. DATE OF FUNCTIONIEVENT: March 7,2007 FISCAL IMPACT: $16.00 Funds to be paid from Commissioner's travel budget. RECOMMENDA TION: That the Board of County Commissioners, in accordance with resolution No. 99-410, approve reimbursement by the Clerk for meals provided to Commissioner Frank Halas while serving a valid public purpose. PREPARED BY: Sandra Lea, Executive Aide to BCC "".......14", Agenda Item No. 16H2 March 27, 2007 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H2 Commissioner Halas requests approval for reimbursement for attending a function serving a valId public purpose _ Attenaed the Veteran Services Department luncheon, hononng volunteer drivers on March 7. 2007 at the ElKs Lodge on Radio Road $16.00 to be paid from CommIssioner Halas' travel budget Meeting Date: 3/27/2007900:00 AM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC OffIce 3/812007 2: 58 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3115/2007 11 :34 AM Aaenda Item No. 16H2 ~ March 27, 2007 Page 3 of 3 RECCIV€D FEB 2 2 2007 Board ofC oUnty C ommIss. IN T E R-OF FIe E CO RRE SP OND EN C E loners DATE: February 21, 2007 COmmiSSion~ Joanne Dalbey, Transportation coordinato-~ Veteran Services Department ~ E~~~ COMM. REC'D COP} Dt!!) TH FC lC TO: FROM: SUBJECT: Luncheon for Volunteer Drivers . The Veteran Services Department cordially invites you to attend a buffet luncheon on Wednesday, March 7, 2007 to honor our volunteer drivers who so willingly give their time to transporting the veterans of Collier County to their medical appointments. The luncheon will be held at 11:30 a.m. at the Elks Lodge, 3950 Radio Road. Please RSVP to Joanne Dalbey at 732-1008 by Friday, March 2, 2007. Ijd ~ -bIb' Agenda Item No. 16H3 March 27, 2007 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Excellence in Industry 2007 VIP Kickoff Celebration at the Town of Ave Maria PUBLIC PURPOSE: To support the Economic Development Council in their Excellence in Industry Kickoff Celebration. DATE OF FUNCTION/EVENT: March 26, 2007 FISCAL IMPACT: $19.95 Funds to be paid from Commissioner's travel budget. RECOMMENDA TION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: March 27, 2007 .,-' Agenda Item No, 16H3 March 27, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16H3 Meeting Date: Commissioner Coletta requests approval for reimbursement for attending a function servmg a valid public purpose. CommiSSioner paid in advance to attend the EDC Excellence In Industry 2007 VIP Kickoff Celebration on March 26,2007 and is requesting reimbursement in the amount of 519 95, to be paid from his travel budget 3/27/20079,00:00 AM Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the BCe Date BCC Office 3113120073:12:30 PM App roved By Sue Filson Executive Manager to the Bee Date Board of County Commissioners BCC Office 3/14120078:13 AM Approved By James v. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/1512007 11 :35 AM f - , - -r J - , i ' Agenda Item No. 16H3 March 27, 2007 Page 3 6{4- '..... " ECONOMIC DEVELOPMENT COUNOt of Collier County, Florida Crowing Great Ideas As a supp~rlJr of the Economic Development Council of Collier County ... ~afJ.4Jocal business, you are cordially invited to attend :.; _' .. =T~~t~ncELLEN~E IN I~PU'S.TRY-~_fJ;P:7 i VII'~RliCKOFFCELEBRA-tIQN . ";A'I':.lI;HEToWN OF AVEI\fIA~iA . . · Wi'ORlIlAY. MARCH2G_ ~(J07 ~-~.:.:- :"-.. =~-:::.i~l~~~!VI--= _.7:30-"P-M-----.-----. ,;: ',.: ,:7.:;<~- ~'f',::> .r;; ~~~-~\ J~;:' ~;i';,~~~~;f':~:'. ._,-'" . "~~..- '-TidiiijJortation to Ave Maria wi!! be provided, l~avingfrqm the EDC promptliat4:oopm.] f l2. ... . f ,--"; .-.. , ~},.. :.-,' : ."1-' < Dinner will be providedt4 -....-,:.,- . ;.." .. ! ~:' Please R,~VP by Tuesda)~ March2o, 20()'j to this ext/usive invitation only event :,f .. - (,0 "" . by calling-Beth Skotzke 239-263-8989 ext 105ti. i.a. t ~~._.,.. ., /~1JJ/~SVP- ,,', Q4{ \lY"- I' JIM COLETTA - , '-". COME.AND BIND OUT WHAT MAKES CQLj.IER CQiJI\I1tY~AN~. ,AMAZING PLACE!' -"'<<;..,., Hesrr"S " ~ ~ . ; ,X;. _..'\ ,~ ..:... '-'. ~ :- ECONOMIC DEVELOPMENT COUNCIL OF Co'LL't1i\~ COUNTY BARRON COLLIER COMPANIES AVE MARIA UNIVERSITY, I. i .~..: Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Agenda Item No. 16H3 March 27, Pa PlJoad o/Y?~ ~oum/y ?!!~ 3301 East Tamiami Trail. Naples. Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 March 8,2007 Ms. Beth Skotzke EDC 3050 North Horseshoe Drive, Ste 120 Naples, FL 34104 Subject: Excellence In Industry 2007 VIP Kickoff Celebration at the Town of Ave Maria Dear Ms. Skotzke: Thank you for your invitation to join you at the Excellence In Industry 2007 VIP Kickoff Celebration at the Town of Ave Maria on March 26,2007. I am pleased that you included me in your invitation and by way of this Jetter am letting you know that I plan to attend. Per my "no gift policy" I am enclosing herewith my personal check for $19.95 to cover the cost of my dinner. I'm looking forward to this meeting and will see you then. -~ Commissioner, District 5 jimcoletta@colliergov.net IC: nkr End: Personal Check $19.95 -. ,- Agenda Item No. 1611 March 27, 2007 Page 1 of 2 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 27, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: (1) Port of the Islands Community Development District: Document from Minutes of Special Meeting of January 22, 2007; Minutes of October 13, 2006; Agenda for October 13, 2006. (2) Golden Gate Fire Control and Rescue District: Five Year Plan 2007-2012. H:\DAT A\FRONT DESK - 2007\2007 Miscellaneous Correspondence\032707 _misc_corr.doc Agenda Item No. 1611 March 27. 2007 Page 2 of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 1611 To file for record with action as directed. 3/27/200790000 AM Prepared By Lisa Resnick Executive Aide to the Bee Date Board of County Commissioners BCC Office 3/141200711:56:07 AM Approved By Sue Filson ExecutIve Manager to the BCe Date Board of County Commissioners acc Office 3/14/2007 1 :08 PM App roved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/16/20076:15 PM Agenda Item No. 16J1 March 27, 2007 Page 1 of 19 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF MARCH 03, 2007 THROUGH MARCH 09, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of March 03, 2007 through March 09, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report .,""'-" RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of March 03, 2007 through March 09, 2007 and submit these documents into the official records. Prepared By: ~/1 fflJvW, Lisa N. Melvin Assistant General Operations Manager ~~ Date: t/3//;U1J9 Reviewed By: Constance C. Murray, CGFO General Operations Manager Date: ~)/~)DT --, Agenda Item No. 16J1 March 27, 2007 Page 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16J1 To obtain board approval for disbursements for the penod of March 03, 2007 to March 09, 2007 and for submiSSion mto the offIcial records of the board Meeting Date: 3127/200790000 AM Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 3119/200712:16 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 312012007 1 :43 PM " " " " " " -J " " -J -.J -.l " " " -.l " -.J " -J -.J " -.J -J -.J " -.J -J " -J -J -J -J -J -.l -J Agend r J1lc . )L6J 10, -J -J -.J -J -J -..J 'C hii27 , 2C1.tr~ ... ... ... ... ... ... ... ... ... ... ... ... ... .. .. ... .. ... .. .. ... ... ... ... .. .. ... ... ... ... .. .. '" ... ... ... ... ... ... ... ... ... ... ... 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Ol.Doo--.JenV1>1>w/Vf-'Ol.DooWl\)I-'I.DOO--.J01V1~W/V.....OI.DOO--.J01V1>1>W/V.....OO1V1I-'OI.DOO ii '1: C 0- r 'tl 'fit, ~., :::1" .r.r:. 'lV @ .~.. .I;l:'. IT, n .lit .~ .~ .~ ~" tn.. ti.: p; rt $ o P $ ,p; . '" .~ I;l: m ,0;. o g g g rr- l- e " '1: tL "< "'I o l- I- C '1:l (]) 'i OJ rT f-' o ::l {IJ ~ to " /V Agenda Item No. 16J2 March 27, 2007 Page 1 of 18 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF MARCH 10, 2007 THROUGH MARCH 16,2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. OBJECTIVE: To present to the Board of County Commissioners the disbursements for the period of March 10, 2007 through March 16, 2007 for approval as well as to obtain approval for the submission of the disbursement listing into the official records. CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the Clerk's office requests that these listings be approved and made part of the official records of the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Disbursements as totaled on the attached report )'......... RECOMMENDATION: That the Board of County Commissioners approve the disbursements listing for the period of March 10, 2007 through March 16, 2007 and submit these documents into the official records. Prep~edBY.~ Q. rft~^~ lsa N. MelVIn Assistant General Operations Manager Date: 03/_ C\ lo~ Reviewed By: Constance C. Murray, CGFO General Operations Manager Date: 3)1'i}O+ -., Agenda Item No. 16J2 March 27, 2007 Page 2 of 1 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16J2 To obta,n board approval for disbursements for the period of March 10, 2007 through March 16,2007 and for submissIon into the official records of the board 3/27/2007900:00 AM Item Number, Item Summary: Approved By Connie Murray General Operations Manager Date Clerk of Courts Finance 3/191200712,1& PM Approved By James V. 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Ul 0, Jil ..: H t;3 ~ t;3 ~ H Z ~ ~ '" 0, j U ~ (JJ ~ H Z Jil 8 ~ 0:: H ~ ~ Agenda Item No. 16J2 March 27, 2007 P<I"O L1 ,..,f 1 P, ~ ~ ffi '" (f) Ul Ul :ij gj ~~:5 < >< o,~..:! Cl ::;: < ...: <~ ~ !:l til. t:: l>.. ..:! 0 ~ > ~ 4.. H ~ 0::: j::L, >< H Cl ~.o: '" ::;: ~ Z CfJ U Z (JJ '" U) H d ;::) 4:1' Ul Z Z 0:: U ~ ~ ~ei8~~~b)~zo, H ~ f:: tt; 15 '" ?Ii (J) 0 u::;: ~ ~~z..: w< Z '" 0 ~ 0 ~ ::s r.il U H Z en i: ~ ~ ~ ~ g ~ ri; ~ ~ ~ H ~ ~ ~ ~ ~ ~ ~ ~ G ~ ~ ~ CD :3 ~ '" 0 ..: ~ W ~ W P;:; U H CI e> ~ ~ ~ <>: :3 ~ ~ :ii o 0 n. ::> ~ W "' U U U U Q Q 0 ..:! '" H ..:! ~ '" ..:l '" H ~ H ~ CfJ (iJ ~ :.s U '" 0 o w ~ ~ ~ ~ ~ (iJ ~ n. n. 0 U ::;: ..:..:::;: Z f-<><ZZ::;:H 0:: '" H ..: Z f-< ~ (J) j 0.., 00 CJ) (J) W rl < <( m o Q "' (ij W f>l w w U) (J] :a ::i ..: ..J ..:! 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M M M 000 o rl N M ~ ~ ~ ~ 00 m 0 rl N M ~ ~ ~ ~ ro ~ 0 ~ N M ~ ~ ~ ~ 00 m 0 rl N M ~ ~ ~ ~ ro ~ 0 ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 00 00 00 00 m 00 00 00 ro m ~ ~ m ~ ~ m ~ m ~ 0 000 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 000 0 0 0 0 0 0 0 0 0 bOO 000 0 0 0 0 0 0 0 000 0 0 0 0 0 0 coo 0 0 0 000 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ E ~ is u 0 a :>, 0 w ..., " :l OJ B 11 u 'W 0 :>, OJ " '0 OJ '" ;., rl 0. '" 0. E 0 '" 0 OJ Z U Agenda Item No. 16J2 March 27, 2007 H E u: D"np Q f"If 1 R ..J {f) ~ ..J :.: H ..J " ..:l ~ ~ 0:: ..:l 4. ~ i3 4. ..J ..; (JJ &1 t:: t:: '" (J) (J) 4. ..J ..J G 0:: 0:: ..J ::> 0:: 0: 4. 4. 111 ..J f-< u.. OJ {f) (JJ Q 111 W {f) ..; >< ~ (J) (J] 0:: G ~ f-< :>< 0:: 0 ..J 0 f-< :.; :><: (J) 0: W Z '" :.; OJ 0:: ~ Q j U) f-< ..J OJ OJ >< H '" ,.. 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J>. 8 i ~ ~ '" H ..: IX: ~ Z 01 001J>.>< ZIX:O~ H ~ 8 a x (/) 0 H .;; 0: ~ ZU01 o J.w:t IX: 0 H f-< ~ $ ~ ~ e; ..:l ..:l ..:l H '" J.w o (J] Ul D ~ [;j 6 P-t >-a H 0 ~ l!:::r: 0 '" !- :3 u H 0 '" "" z e; z co ~ H f2 &l \i t>l ~ ..:l ~ H ~ ~ .;; 0 (JJ :::> Ul U :t ..:l 0 >< o u 6 U) U) ~ ;;: i: 1;; ~ ..:d) fi! ~ 5 ~ ~ u ~ z~~58 .;; 0; 0; OJ E-< OJ U .;; Cl a:: til H ~ ~ 15 ~ (/) H 01 a: ::r: H f-< ..:l '" Ul '" 1>1 >< ~ E-< ~ :t 8 ~ ~ H (J) E-< ..:l OJ Ul e.. ~ 6 gj ~ ;i! ..:l 0 0. U '" -< z co Z H Ul U..:l '" Z ..:l Ul H .;; >< :t -<: '" :;: ~ ~ 8 8 iZ ti ..:I' e.. (/) '" OJ >< ~ E-< !;! J.w ..:l 13 ;xl U '" ..:l Z <l;.... H (I) f-t Cl J>. ~ ~ ..lj ::> 0. ..:l it ~ l;: ~ " '" UlOj~ ~ ~ ~ j o :z:: E-< ..:I .... 0 01 U >') ~ 0 ..:l '" ..: "" ~ E-< ..; "" -< D :x: '" -< ..:I -< "" '" (!) ..:l '" Agenda Item No. 16J2 March 27, 2007 P~n.:' 1n nf 1R ..:l '" (/) f.@ OJ "" ..:l CIl J.w ..:l '" ::r: U fli ..:l '" J.w 13 -< ;:i 0. OJ..:l .;; ~ :;: '" ~ ~ ~ ;;! E-< '" U ..: 0 ..: z U Eo< H el 0 :os (JJ 04H~~ 5 .;; ;;: gJ '" SJ x 6 o '" 0 IX: H H P:: III J.w 0. .;; Ul f-< W H ..:I Z J>. o ..: ~ ~ ~ o H H (J) IX: >< H ~ ~ ~ o ..: ~ U OJ <l; (J) IX: ~ " '" '" H -< o H ~ ~ OJ j U :os (J) 0 Z ~ U H ,.. <l; '" (JJ o tJ ~ ~ :;: H cJ [;j g: (J] 0 ~ ~ ~ U'" f-o ~ ..:l >< J.w Eo< (fJ U OJ ..:I (/) "" ..: ..: (J] ~ ~ '" '" 0; ::> '" U " Z ..: H H ;:i ~ D ~ ~ g ~ ;2 1'< E-< .:: (Jl X..:l ~><~!-<6 :~Hj~ ~ ~ ~ ~ SJ 3:UZOH 12 D 8 Z ::r: ..:l c3 ;2 ~ ~ 8 ~ ~ ~ '" '" f-< ..:l (/) f-o '" ~ ~ ;:i 6 ~ ~ e5 ~ B: 2 t:1 So ~ o '" IX: 0 Z ..: ~ ~ (5 ~ 2 ~ t; IX: ..:l ~ 0 ~ H ~ ~ '" '" '" IX: U -<: ..:l 5 r;: ~ ~ ~ ~ ~ ih (Xl Eo< 0 U U OJ C/) 0.. ~ x ..:l (/) 13 f:l ..:l "" J.w ..: .;; E-< ~ ~ ~ !-< CIl f-< ::> 5 ~ .;; ~ ~ ..:l ~ 5 -< E-< H >< [j Eo< ~ $ ~ ~ &1 en ~ OJ U >< ~ ..:l a ~ ~ ~ i: 000 ~ a M a ~ 0 0 ~ a 0 0 ~ ~ 0 0 0 0 0 a 0 N ~ ~ 0 ~ 0 ~ 0 0 ~ ~ 0 ~ 00 0 0 0 0 000 000 00 M ro 0 MOO ~ 0 0 0 ~ ~ ~ 0 0 0 0 ~ 0 ~ 0 ~ 0 0 0 00 0 ~ ~ ~ 00 ~ ~ 0 0 0 0 000 o m ~ ~ 00 ~ a ~ ~ ro ~ M ~ 0 ~ M ~ ~ 0 ~ a ~ ~ ~ ~ ~ N ro ~ 00 0 N ~ N ~ N ~ ~ 0 0 ~ N 0 ~ M ~ N ~ ~ ~ 0 00 ~ m ~ ~ 00 ~ ro ~ ~ N ~ ~ 0 ~ M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ rl 0 ~ 0 0 M N m M M 00 m ~ N ~ M ~ ~ M ~ ~ N rl ~ ~ ~ rl N ~ rl N M ~ rl ~ ~ 00 ~ ~ ro ~ rl ~ 00 ~ ro ~ .-< ~ M N ..< .-< .,. N .-< .-< .' o Q 0 Q Q Q Q Q 0 0 Q 0 0 0 000 Q 0 Q 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 000 0 0 000 0 0 0 0 o 0 0 0 0 0 0 0 0 000 N N N N N N N N N N N N ................................................................,.................................. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M rl M rl rl rl M rl rl ~ rl rl ,............................................................................................. M M ~ M M M M M M M M M 00000 000 000 0 ~ N M ~ ~ w ~ m ~ 0 M N M ~ ~ ~ ~ 00 ~ 0 rl ro ~ 00 m ro 00 m 00 ro m ~ ~ ~ ~ m ~ ~ m moo rl rl rl rl rl rl rl rl rl ~ rl rl ~ rl rl rl ~ rl rl N N N N N N N N N N N N N N N N N N N N N N N M M M M M M M M M M M M M M M M M M M M M rl rl rl M rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl o 0 0 0 000 000 0 0 0 0 000 0 0 0 0 o 0 0 0 0 0 a 0 0 0 0 000 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 N N N N N N N N N N N N N N N N N N N N N r-- C""- r-- ~ o 0 0 0 o 0 0 0 N N N N ........................ ......... ~ "=" ott' ~ .-i r-f rl M. ......................... ........ M M M r<) o 0 0 0 r- r-- r-- r- r-- 00000 00000 N N N N N .......................... 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M ~ ~ M ~ M M M M M M M M M M M f"') M M M ~ M M o 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 000 000 N M ~ ~ ~ ~ 00 ~ 0 rl N M ~ ~ ~ r-- m ~ 0 rl N M ~ o 0 0 0 000 0 rl rl ~ ~ rl rl M rl M rl N N N N N N N N N ~ N N N N N N N N N N N N N N N N N ~ N N N N N N N N N N N N N N N N N N N N N N ~ M M ~ M M M M M M M M M M M M M f"') M M M M M M H rl rl M M rl rl rl rl rl rl M rl M rl rl ~ rl M rl M rl rl o 0 0 0 0 0 0 0 0 COO 000 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N ~ N N N N N N N N N N N N N N N N N N 00 ~ 0 rl N M ~ ~ ~ r-- 00 marl N M ~ ~ ~ ~ w m 0 n N ~ ~ ~ ~ ~ ro ~ 0 rl N M ~ ~ ~ ~ 00 ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ro 00 00 ~ m 00 00 m m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r-- r-- ~ ~ ~ ~ ~ ~ ~ r-- ~ ~ ~ ~ ~ r- ~ ~ ~ ~ ~ r-- ~ ~ ~ ~ ~ ~ ~ ~ ~ ... llJ W <D .., tJ1 llJ ... .'- .w <:; B ..... o >- Ul c '0 oj) '" H ~ 0.. '" 0. E o '" 0 1Il Z U "" Z '" !i '" H H > .. ...:l r- '" o :E ...... r- ::> o '" ...... '" rl i-l Q) ...... llJ 01 8 ::J ~ .'< C n; 1Il '0 '-< .., .c E-< .c w "-' ..... '" M '" U1 00 M rl rl '" ;:: ~ ~ > .0: 0 1Il r- Q. .. z"'...... '" 0 .0: o o ::> .... oj) "8 u ... (j) iJ >- E <1! :l .'< C -'< .'< W C C U '" '" U ell OJ .0: -'", - N r- ("') 00 If) '" '" 0:> U Z ~ f3 (J) ::0 o :c U Z H ...:l u u.. (J) Z L H UJ '" ~ 1;; '" >< ..: (J] z ...:l DOH Z U H 0 E-< W t;) (J) U .0; l':l ~ :::: ~ ::r: CJ Ul U Z (JJ H :E ...:l .0; w ~ '" 0 ~ ~ ~ UJ E-< E-< .., Z '" ~ ..: 3: ~ ~ Z (JJ o t;) ~ Z lP. H ::'J It L Ul Z ...:l o .0: (J) N E-< .0; ;;; ;:; ~ '" '" H > u U u Z (JJ H '" ...:J e: '" o ~ ~ 3: '" '" H '" > ~ :r: H w il: :r: .0; E-< W <D <1! .-l ~o.Ul n; '" Z 0 ~ 9 o ... 0 U LJ H <1! 0 ::r: .... ::0 E-< '" .0; H ~ ~ ~ ~ ~ co (J) ~ 0 H Z ~ ~ o E-< <l; E-< H W ~ ~ ~ CD H (J) L Ul 8 > " W rJJ Agenda Item No. 16J2 March 27, 2007 D..,,.,,, 11 ()f 1 R v r;; q ::E W ~ o L (JJ ~ W rJJ ~ j :< ...:J E-< E-< .0: b (J) S ~ j 5 (J] ..:l ...:l .0: :r:.o: 0 o 0 ...:J (J] u.. ~ C/) fil ...:J >- '" ::E .0: E-< E-< :< '" 0 i3 E-< (JJ r;; en ~ ~ r< ~ <l; ~ tJi ..:l f3 ..:l 8 ...:J :::; '" ...:l U. '" H ..:z:: Z 00+ W ::: 0 8 ~ ~ E-< ~ o f;: o U M ex) 0 lD l\l r- NOt-- 1.1l 0\ ('oJ", H ;:::j :::l r- N '" 00 '" r- oo '" N ti3 X E-< Z ...:l ::E '" (J] t;) Z '" '" ...:l (J] rl <l; E-< H Z o 00 U ...:l Z '" H (JJ Z .... ...:l o f-< ...:l b ~ 6 tf) :s H ~ ~ W U f-l ~ ~ 0:: Z W n:: u.. H ~ E-., ~ 4; 0.. :I: UJ z:: z ~ ll:;; D.l Z <l; 0 H ::0 l-i ~ Q ~ ~ Cf.l 3: U H f-l ~ < ~ '" W 0 :r: CJ ...:l CI) CJ Ii.. f-+ .0: (J) E-< < ...:l Z '" 2 ::1 S H .0; '" ::E (J) E-< < .0: UJ U 0 W Z ...:l Z W '" 0"'.0: '" 01 Z ...:l '" u z w E-< E-< o ...:l .0; '" t;) :ii ~ :t ...:J 0 H U > ...:l Ul ,.. '" U ...:l Z '" UJ ~ a.. til '" ::> ...:J ~ ~ ~ &; U} [J u J:il H Z en ~ 8 H ~ o ...:l '" """ Ul 0 3: .0; fGOi(JJZ U Ul Cil U ..; '" 0 ~ ~ C3 ~ 2o~g: < z ...:l ... H E-< ...:l <( s:: tll (J) ...:J u.. :c (JJ ~ ~ o t;) [J H :c U '" <i U 15 8 i"i H E-< ;ii o :r: '" U '" Ul 0 f;' U o :r: '" ::r; '" 02 '" 00 Ul '" 3: t;) o .0: '" Ul en G ~ ~ ;2 o 00 ~ ~ ~ 0 0 ~ 0 000 o N N 0\ ~ 0 0 ~ ~ ~ 0 0 \.0 ~ r- I"') 0\ .-I M 0"1 0 1fI r--- ""1 ~ N 0 rl MOO 0 0 ~ rl ~ ~ 0 ~ 0 ~ ro ~ ~ 0 0 ~ 0 0 a 0 0 ~ ~ N rl 0\ ~ 0 0 0 N rl ~ ~ 0 ~ 0 ~ 0\ M 00 0 ~ ~ 0 0 000 o U"'I M rl N r"l M M ('oJ 00 ~ ~ ~ ~ M ~ If) N rl 0 N I"') I"') If) ~ rl N ~ r--- r--- r-I \.D ,......, rl rl ;:::j r;; 0 ...:l <l; u.. <l; (J) W A W Cl 9 -< Ii Z ~ .0; 0 U. ...:l ~5O:z~~", H H ....l 0 ~ en E-< E-< woo 6 ~ j ~ : ~ 5:&;:HJ;~ o Z '" '" '" Z C;GI-I t) 0 c:l '" Z U ~~!!~~ cr; o:l < ~ III u.. 00'.0\0 o {l) [./) co o .,. " en 00 ,... " ::> 00 eo 'D N I""i "'1' "" '::t' 0 Naco ro NCOO.......,r-.,.., N \D I./"l .....-i o ::> " U1 M '" ~ .... ('oJ '" .... '" \0 N o Q 0 Q 0 0 Q 0 0 0 Q 0 0 0 0 Q 0 0 Q Q 0 Q 0 a 0 0 Q Q 0 Q q 0 Q 0 0 0 0 0 0 Q 0 000 ~ w ~ m ~ ~ w m ~ m ~ w W w m m w ~ ~ m ~ 00 m 00 ~ 00 m m ~ m 00 00 m 00 ~ ~ ~ m m ~ ~ m w ~ ~ ~ ~ ~ ~ ::0 ~ ~ ~ ~ ~ ~ ~ ~ ::0 ~ ~ ::0 ~ ::0 ::0 ~ ::> ~ ~ ~ ~ ::0 ::0 ::> ~ ::0 ~ ~ ::0 ::0 ::0 ~ ~ ~ ~ ~ ::0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 0 000 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 000 0 0 0 a 0 0 0 a 000 0 0 000 o 0 0 0 0 a 0 0 0 0 000 000 a 0 0 0 0 000 0 000 000 0 0 0 0 0 0 0 000 000 ~ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N "~~~~~""~~~~""~"""""~"""""~" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "" ~ rl ~ .....-i rl rl rl rl rl rl rl .....-i rl rl rl rl rl rl rl ~ rl rl rl M ~ rl rl rl rl .....-i rl rl rl rl rl _ ri rl M rl rl rl .....-i rl rl """'~"'~'~""""'~""""""""'~" ,.., M ,.., ~1 ~ M ~ ~ M M ,.., M M ~ M ~ I""i ~ M ~ M ,.., M M M ~ M I""i M M M M M ,.., ~ ~ ,.., ,.., ,.., M M ,.., M M o 0 0 0 0 0 0 000 000 0 0 0 000 000 0 0 0 000 0 0 0 0 0 0 0 0 a 0 0 0 0 000 ~ ~ ~ ro ~ 0 rl N ,.., ~ ~ ~ ~ ro ~ 0 rl ~ M ~ ~ ~ ~ 00 m 0 rl N M ~ ~ ~ ~ 00 marl N ,.., ~ ~ ~ ~ 00 N N N N N ,.., ,.., M ,.., ,.., ~ M ~ M ~ ~ ~ ~ ~ ~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ill ~ ~ ~ ~ ~ N N N N N N N N N N N N N N ~ N ~ N N N N N N N N N N N N N N N N N N N N N N N N ~ N N N N N N N N N N N ~ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ~ ~ M ~ ~ ~ ~ M M M ~ ~ M M M ~ M M M M M M M M M ~ M M M M M M M M M M ~ M ~ M M ~ M M M rl ~ ~ ~ rl rl M rl rl rl rl .....-i rl rl rl rl rl rl ~ rl rl rl rl ~ rl rl rl rl rl M rl rl rl rl rl rl rl rl rl rl rl rl rl o 0 0 0 0 0 0 0 0 0 000 0 0 0 ODe 0 0 0 0 0 0 000 000 0 0 0 000 0 0 0 0 000 o 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 000 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 000 0 0 0 0 0 0 0 coo 0 0 0 0 0 0 0 0 0 0 000 0 000 0 000 0 0 0 0 0 000 N N N N N N N ~ N N N N N N N N N N N N N N N N N ~ N N N N N ~ N N N N N N N N N N N N . : . ... N M ~ ~ ~ ~ 00 ~ 0 rl N ~ ~ ~ ~ ~ m ~ 0 .....-i N M ~ ~ ~ ~ 00 ~ 0 ~ N M ~ ~ ~ ~ ro ~ 0 rl N M ~ W m ~ ~ ~ m m ~ ~ 0 0 0 0 0 0 0 0 0 0 rl rl rl rl rl rl rl rl rl rl N N N N N N N N N ~ M M M M M M ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ w w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 COO 000 0 0 0 0 0 0 0 0 0 0 COd 0 0 0 000 ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I (7, Z N ~ -- H :> ..;) til :E '" ...... 0- 0 0 N ...... '" .-< H <lJ ...... <lJ m M ~ m 0 H ~ " .... m <lJ H ~ (J ~ U E E "- 0 ::> ::> .-< '- ;:l <lJ 8 '8 u "-' 0 >. Ul c '0 <lJ <1l '-' ,-, 0. <1l C. E 0 <1l 0 ell Z U Agenda Item No. 16J2 March 27, 2007 P",,.,,,,,1?l"If1A ..:l C>.. 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OJ '-' <1l .... tn OJ .... -" u J: u <1l OJ .-< ~ .... o .-< '" '-' o [-< -" /"""" Agenda Item No. 16J3 March 27, 2007 Page 1 of 2 EXECUTIVE SUMMARY Request that the Board of County Commissioners authorize a public notice to be published of one public hearing regarding Sheriff Hunter's recommended Ordinance to establish policy regarding physical separation at emergency shelters between potential sex crime victims and sexual predators and sexual offenders, and to place this recommended ordinance on the Board's Summary Agenda OBJECTIVE: That the Board of County Commissioners ("Board") authorize a public notice to be published of one public hearing regarding the Sheriffs recommended ordinance (titled the "Collier County Temporary Emergency Shelters Regarding Sexual Predators and Sexual Offenders Ordinance") to establish policy regarding occupancy of emergency shelters by such individuals, and to agendize this proposed ordinance on the Board's Summary Agenda. CONSIDERATIONS: Having considered input from many interested individuals and groups. Sheriff Hunter desires that each individual designated by the State of Florida, or by any other statute of any other State of the United States. or by the Government of the United States or any agency thereof, if now or hereafter applicable, as a "Sexual Offender" or "Sexual Predator" and who is required by any such law to register as a "Sexual Offender" or "Sexual Predator" shall not be allowed in any parts of any designated temporary emergency shelter that can lawfully be occupied by children or other potential sexual offense victim(s) of Sexual Predators and/or Sexual Offenders during a declared natural or man-made emergency. This intent of this proposed ordinance is to eliminate exposure of all such potential victims from such individuals while occupying any designated emergency shelter in Collier County. FISCAL IMPACT: The recommended ordinance should have no fiscal impact. GROWTH MANAGEMENT IMPACT: There will be no growth management impact associated with enactment of this recommended ordinance. RECOMMENDATION: That the Board of County Commissioners authorize to be published in the Naples Daily News notice of one public hearing regarding this proposed ordinance to establish policy regarding preventing physical proximity between Sexual Offenders and/or Sexual Predators and their potential sex crime victims in designated emergency shelters during emergencies. and to agendize this proposed ordinance on the Board's Summary Agenda. PREPARED BY: Lt. Thomas B. Smith, Sexual Crimes Bureau. Collier County Sheriff's Office Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No, 16J3 March 27, 2007 Page 2 of 2 16J3 Request that the Board of County CommiSSioners authonze a public notice to be published of one public heanng regarding Shenff Hunter's recommended Ordmance to establish policy regarding physical separation at emergency shelters between potential sex crime victims and sexuai predators and sexual offenders and to place this recommended ordinance on the Board's summary agenda 3127120079'0000 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3/15/2007 11.54 AM ,.- ~"""'''''' Agenda Item No, 16K1 March 27, 2007 Page 1 of 6 Executive SUmmary Recommendation to Approve a Stipulated Final Judgment as to Parcel 116 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et al, Case No. 06-0567- CA (Santa Barbara Boulevard Project No. 6'2081). (Fiscal Impact: $27,600) OBJECTIVE: That the Board approve a Stipulated Final Judgment as to Parcel 116 in the Lawsuit Styled Collier County v, David Lawrence Mental Health Center, Inc., et al, Case No. 06-0567-CA (Santa Barbara Boulevard Project No. 62081), CONSIDERA TIONS: The County acquired the subject property by entry of an Order of Taking on August 4, 2006 and by depositing the amount of $24,400.00 in the court registry on August 24, 2006. The County and Respondent have negotiated a settlement of $52,000.00, inclusive of attorney's fees, expert fees and costs, for full compensation. If the settlement is approved, the County is responsible for the following costs: . Additional Deposit/Disbursement Amount: . Expert Fees . Attorney's Fees $ 27,600,00 included included TOTAL: $ 27,600.00 Attached is the proposed Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $27,600.00 are available in the FY 2007 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment as to Parcel 116; 2. approve the expenditure of funds as stated; and 3. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office ofthe County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 16K 1 March 27, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K1 RecommendatlOn to Approve a Stipulated Final Judgment as to Parcel 116 In the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc ,et ai, CasE' No 06-0567- CA (Santa Barbara Boulevard PrOlect No 62081) iFlscallmpact $27600) 3127120079:0000 AM Assistant County Attorney Date Prepared By Heidi F. Ashton County Attorney County Attorney Office 315/200710:50,55 AM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By Transportation Services TECM-ROW 315120074,28 PM Najeh Ahmad Director Date Approved By Transportation Services Transportation Engineering & Construction Management 317/20077,32 AM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 3/9/2007 10:43 AM Approved By Lisa Taylor Transportation Services ManagemenUBudget Analyst Date Transportation Administration 3112/20074:50 PM Nom) E. Feder, AICP TransportCltion Division Administrator Date Approved By Transportation Services Transportation Services Admin. 3113/20073:22 PM David C. Weigel County Attorney Date Approved By County Attorney County Attorney Office 3/151200712:09 PM Approved By OMS Coordinator County Manager's Office Adminlstrative Assistant Date Office of Management & Budget 3/16/20077:40 AM Susan Usher Senior ManagementfBudget Analyst Date App roved By County Manager's Office Office of Management & Budget 3/1612007 1 A1 PM Approved By MIChael Smykowski County Manager's OffiGe Management & Budget Director Date Office of Management & Budget 3/19/2007 0:28 AM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 312012007 1 :09 PM Agenda Item No. 16K1 March 27,2007 Page 3 of 6 . IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 06-0567-CA v. Parcel No.: 116 DA VII> LAWRENCE MENTAL HEALTH CENTER, INC., et aI., Respondents. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COll..IER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, SYDNEY BOISSIERE, by and through his undersigned counsel for entry of a Stipulated Final Judgment as to Parcel 116, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondent, SYDNEY BOISSIERE, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, SYDNEY BOISSIERE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifty-Two Thousand Dollars and No/tOO ($52,000.00), inclusive of attorney's fees, expert fees and costs, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further Agenda Item No. 16K1 March 27, 2007 Page 4 of 6 ORDERED that Petitioner, COLLIER COUNTy, FLORIDA, is entitled to a credit in the amount of Twenty-Four Thousand Four Hundred Dollars and NollOO ($24,400.00) which was previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 116 at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Twenty-Seven Thousand Six Hundred Dollars and NollOO ($27,600.00) to the FOWLER WlllTE BOGGS BANKER TRUST ACCOUNT, c/o Fred S. Werdine, Esquire, Fowler, White, Boggs, Banker, P.A., Post Office Box 1438, Tampa, FL 33601 for the balance of full compensation due to Respondent, SYDNEY BOISSIERE; it is further ORDERED that within thirty (30) days of receipt by the Clerk of the Stipulated Final Judgment entered by the Court, the Clerk shall disburse the total amount of Twenty-Four Thousand Four Hundred Dollars and NollOO ($24,400.00) to the FOWLER WHITE BOGGS BANKER TRUST ACCOUNT, c/o Fred S. Werdine, Esquire, Fowler, White, Boggs, Banker, P.A., Post Office Box 1438, Tampa, FL 33601 for the benefit of Respondent, SYDNEY BOISSIERE, which sum represents the monies on deposit in the Court Registry; it is further ORDERED that title to Parcel 116, a Perpetual Non-Exclusive Road, Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COlLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated August 4, 2006, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further 2 Agenda Item No. 16K1 March 27, 2007 ORDERED that the Notice of Lis Pendens filed in this action and recorded in affigraf of 6 Record Book 4017, Page 927 et seq., of the Public Records of Collier County, Florida be dismissed as to Parcel 116; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day of ,2007. Conformed Copies: Heidi F. Ashton, Esquire Fred S. W erdine, Esquire Joshua S. M. Smith, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition Mgrrrransp. Bookkeeping CIRCUIT COURT nmGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 116. Dated: Dated: @ FRED S. WERDINE, ESQUIRE Florida Bar No.: 0614483 JOSHUA S. M. SMITH, ESQUIRE Florida Bar No.: 0955981 FOWLER WHITE BOGGS BANKER, P.A. Post Office Box 1438 Tampa, FL 33601 (813) 228-7411 - Telephone (813) 229-8313 - Facsimile ATTORNEYS FOR RESPONDENT HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 COLLIER COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TIORN~Y FOR PETmONER 3 ( '-- I 2 : I ~ '1 II ~~ "":o!: ~~ : I ~~ VI ~ 1 1 P.O.B. L Agenda Item No. 16K1 March 27, 2007 Page 6 of 6 J29.JO' (PU 1) 117 SOUTH 150' OF TRACT 117 ~ &l. ~ ~ 117.1 ~}-- .~- azslO '00 GRAPHIC !>CAlL I 2D NORTH 780' OF TRACT 117 NO. /! to LJ ~ !'> ... ..., ~ ~ ..::1 GOWEN .GATt EST. TES UNIT JO, PLAT BOOK 7, PAGE 58 116 115 PROPoseD ~O'.w.. :~~~ . , _ , . GOLDEN GATE UMT 7, PLAT BOOK 5, PAGES 1J5-1~ - E:XlS71N 53' EASCMCNT FOR R.. . W. PURPOSES (P PLA T) SANTA BARBARA ";'-BO ULEV ARD I, ; I I. : .J ,". 2 J 5 GOLDEN GATE CITY UNIT 7, PLAT 800K S, PAGES 135-146 BLOCK 259 6 LEGAL DESJ1RHi!iON ALL THAT PART Of N SOUTH ISO FEET OF TRACT 117, COI.OEN GATE: ESTATES UMT 30, PLAT BOOK 7, PAGE 58, COLUER COI./N7Y, flORIDA, A!lQ BVNG IJORE PARllWLARL r [)[sCRI8E:[) AS FOlLOWS; " COMMENCING A T THE SCXJmwr CORNER OF SAJD TRACT 717, A POINT ON THE EAST UHf OF seCTION 29, TO'M'JSHIP 49 SOUTH, RANGE: 26 ['AS," COllIER COUNTY, nORIDA; THfNCE ALONG THr sOuTH UN[ OF SAID 'TRACT SOUTH 89"Jo'lr Itf'ST 53-GO FrET TO THE POiNT or BEGINNING; THfNCE: CONTlNUINt1 1Il.ONf; SAID SOUTH TRACT LINE SOUTH 89:38'22. KEST 71.85 FITT: THENCE LEAVING SAI~ SOiJ1H mACT UN{ NORTH OOil'Jr Ilf'ST 12.47 FEIr. ",ENCE NORTH 77"J!tJr fAST 38.84 Fm;' THENCE NORTHERl. Y 710.84 FEET ALONG THE: ARC OF A CIRCIJC.AR ClJl?Vf CONCA Vf wes'lCRL Y HA VtNG A RADIUS OF 2,92dOO FEET 111RoVGH A Cf!NTRAL ANGLE OF 02'10'00" AND 8f1NG SUB'TE:NDtD BY A CHORD 'MiTCH BEARS NORTH 07'02'09. KfSr 110.S] FEET: THCNCE NORTHE1?f..Y 19.55 FErr ALONG rm: ARC OF A CIRCULAR CURVE CCWCA\If" fAS1ERl.Y HAIIfNC A RADIUS or 3,081.00 FEET THROiJGH A ctN'rRAL ANGiE OF 00'21'57. AN{) BElNG SUBTENDEO BY A CHORO WHICH BEARS NORTH OTS6'IS" llf"Sr 19.55 fEET; . EXHIBIT t1 THENce NOR111 89'JI:5/" EAST 49.91 FrET: IJ 'l1iENCE SOUTH OO'O~:J5. EAST (50.09 FEIT ro Tf([ POINT or BEGINNiNG. Page--.f.:L of.JL2.. CURVE TABLE NO. RADJUS DEL TA ARC TANC€NT CHnm'l OIORD R~ 1 2928.00' 02'fO'08" IID.~' 55.43' UO,Bj'f" N.07'02'ii9"w. 2 .J061.oo' 00'21'5'" 19;55' 9.77' 19.55' N. 07'S6'IS"W, CONTAlNINr:J 6.696 SQlJARE FEET MORE OR LEss. SU8JECT TO EASEMfffTS .t RES7RJCnONS OF RECORD. ... Jt(OT A SURVEY ... LINE TABLE linlf B.aring OfsIon". L1 s.eg'JfJ'22'w, 5J.oo' L2 S.89:J'8~Z"w. 71.85' /.,J N.OO'/rJrl'l. 12.~~ [., N.77"J9'J7'E. J8. 84' l5 N.8IrJI'SI"E:., ~1l.91' LA Po F1.Cfl/DA REC/?!'<), ~S.,J6627 NOT VAI./D.IJN/.ESS SIGNED B.'111J('.SuRVF:'1'OR AIU) SEAlED '11TH THE suej.f"rt1Ii'~ &8OSSEfJ SEAl.. CERf1F/CA1E OF AUTHORIZA UON I'l.5-C _NiE_IW_ ~~If ~JSIIII(GII>J~_eASI"2IH: LEGEND: t-. \"- '" '" '\ '" ~ flIfl'&.SE1JEHT ~1&1i'~T R.a.w. - /?1M OF WAY p. 0. C ~ POfNT OF COfJ1.(CNct:J€NT P.D.S. .. POINT OF 8EGINN1N(; -.recr NQ,: 62081 ". mea. NlLl 11 IS ~ COLLJER COUNTY 7RANSPORTA71ON. '.I..r;~~,'.. - ~ . .I..'.,a'-......- ~ENG/NEERING ~C11~~~T DMSlON .'f'w,,,,..'.'."~ BeING PART OF 7HA SOUTH ISO' OF 1RAcr II?, -..I1Igh:tn.EalI:l:WI...,.,....I.In1kwpo~.~..,_ GOLOCN ~TE" ~~~ 'it~8OOK 7, PAGe 58. ,.,...~~~!:.....Tlqa 1l...."'.JIOJU:T NO~ SHUr "WV'" fU .0.0 _8III\'~UlJll.~_~....._.""_....._ 04/2002 .N5a22-D02-0I(}-oWHIIf' 116 Of xxx 2GG-2/'l'.f N... 12. 2002. - 1~29:05 lIiUER\l(:\SUR\II5lI22\Sl<.loh lJ{ n..'...."---,~.~-~. .. - 0'. /'- ~ EXECUTIVE SUMMARY Agenda Item No. 16K2 March 27, 2007 Page 1 of 2 Request to Replace or Amend Collier County Ordinance No. 81-42, as Amended, the Local Occupational License Tax Ordinance, to Change the Phrase Local Occupational License Tax to Local Business Tax and to Revise the Term License to Receipt as it Relates to Local Business Taxes. OBJECTIVE: That the Board of County Commissioners consider the adoption of an ordinance amending or replacing Collier County Ordinance No. 81-42, as amended, to change the term "Local Occupational License Tax" to "Local Business Tax," to define the term receipt as it relates to business tax, and to change the term "license" to "receipt." CONSIDERATIONS: in 1972, Section 205.032, Florida Statutes, was implemented to authorize counties to levy occupational license taxes for the privilege of engaging or managing a business, occupation or profession within counties. On September 1, 1981, the Board of County Commissioners adopted Collier County Ordinance No. 81-42, the Local Occupational License Tax Ordinance. This Ordinance has been amended seven (7) times. On June 9, 2006, the Governor approved House Bill No. 1269, amending Sections 205.013 through 205.1973, Florida Statutes, to change the term "local occupational license tax" to "local business tax," to define the term "receipt" as it relates to business tax, and to change all references of license to receipt. This bill, as codified in Chapter 2006-152, Laws of Florida, became effective January 1, 2007. The purpose for revising the statute is to protect consumers from unscrupulous persons who present their local occupational license as proof to consumers of their competency to perform various repairs and services, and to avoid or eliminate future fraudulent misrepresentations. The objective for the replacement or revision to Collier County Ordinance 81-42, as amended, is primarily to change the phrase "local occupational license" to "local business tax," to remain consistent with state law since Florida no longer recognizes a levy of a "local occupational license" tax but authorizes the levy of a "local business" tax. This amendment is proposed to prevent any misunderstanding in the staff's administration and the public's obligation pursuant to the substitution of terms. FISCAL IMPACT: There is no fiscal impact currently related to this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this matter. RECOMMENDATION: That the Board of County Commissioners approves the adoption of a new ordinance or an amendment to Ordinance No. 81-42, as amended, and directs the County Attorney to prepare such ordinance for adoption. Prepared by: David C. Weigel, County Attorney Agencia Item No. 16K2 March 27. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K2 Item Summary: ReQuest to Replace or Amend Collier County Ordinance No 81-42, as Amended. tr,e Local Occupational License Tax Ordinance, to Change the Phrase Local Occupational License Tax to Local Business Tax and 10 Revise the Term License to Receipt as It Relates to Local BUSiness Taxes Meeting Date: 3/271200790000 AM Prepared By Kay Nell, CLA Legal Assistant Date County Attorney County Attorney Office 311312007 1 :59:49 PM Approved By Deborah D. AHen Legal Office Administrator Date County Attorney County Attorney Office 3115/2007 10:53 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 3/15/200712:11 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3116120077:50 AM Approved By Michael Smykowski Management & Budget DIrector Date County Manager's Office Office of Management & Budget 3/19/200711:14 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/2112007 9:32 AM Agenda liem No. 17 A March 27, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT-2006-AR-10745 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the fifteen foot wide utility easements "B" & "c" as recorded in and created by Official Records Book 1648, pages 1502-1506 and lying over Parcels 1 & 2, according to a plat of Berkshire Commons Parcel "1, 2 & 3", filed in Plat Book 38, Page 30 and 31 of the Public Records of Collier County, Florida, said vacation area being more particularly described in Exhibit "A" OBJECTIVE: To adopt a Resolution to vacate that portion of the fifteen foot wide utility easement as described above which was originally created by O.R. Book 1648, pages 1502-1506 and that portion intended to be vacated being more particularly described in detail in Exhibit "A" CONSIDERATIONS: Petition AVESMT-2006-AR-10745 has been received by the Engineering Services Department from Samantha Brown-Nelson of Interplan LLC as agent for the petitioners, AmSouth Bank (Parcel 1) and Berkshire Commons, Inc. (Parcel 2) __ Letters of no objection have been received from applicable divisions/entities. FISCAL IMPACT: Engineering Services Department has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. ,- RECOMMENDATIONS: Agenda Item No. 17 A March 27, 2007 Page 2 of 6 Adopt the Resolution for Petition A VESMT -2006-AR-1 0745 AmSouth Bank (Parcel 1) and Berkshire Commons, Inc. (Parcel 2) to vacate the County's and the Public's interest in a portion of the fifteen foot wide utility easements "B" & "C" as recorded in and created by Official Records Book 1648, pages 1502-1506 and lying over Parcel 1 & Parcel 2, according to the plat of Berkshire Commons Parcel "1,2 & 3" filed in Plat Book 38, Page 30 and 31 of the Public Record of Collier County, Florida, said vacation area being more particularly described in Exhibit "A". Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: Stephen A. Higgins P.S.M., Engineering Services Department Item Number: Item Summary: Meeting Date: Agenda Item No. 17A March 27. 2007 Page:1 016 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A This Item requires that all participants to be sworn In and ex parte disClosure provided by Commission members Recommendation to approve Petition AVESMT -2006-AR-10745 to dIsclaim. renounce and vacate the Countys and the Publics interest Irl a portion of the fifteen foot wide utility easements 8 & C as recorded In and created by Official Records Book 1648, pages 1502-1506 and IYlIlg over Parcel 1 & 2. according to a plat of Berkshire Commons Farcels 1. 2 & 3. filed In Flat Book 38 Page 30 and 31 of the Fubllc Records of Collier County Florida. said vacation area being more partIcularly described III Exhibit A 3127120079.0000 AM Surveyor Date Prepared By Stephen Higgins Community Development & Environmental Services CDES Engineering Services 2/27/20079:31:17 AM Thomas E. Kuck, P.E. COES Engineering Services Director Date Approved By Community Development & Environmental Services COES Engineenng Services 2/27/2007 1 :54 PM Marlene Stewart Date App roved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Ser.....ices Admin 3/8/20078:22 AM Judy Puig Date Approved By Community De.....elopment & Environmental Services Operations Analyst Community Development & Environmental Services Admin, 3112/20079:15 AM PrOject Manager Date Approved By r Nick CasalanguH.1a Trans.portation Planning 3/1412007 8:24 AM Transportation Services Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development 8. E.nvironmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/15/2007 11 :09 AM Approved By Administrative Assistant Date OMS Coordinator County Manager's Offtce Office of Management & Budget 3/16/20077:40 AM Mark Isackson BUdget Analyst Date Approved By County Manager's Office Office of Managem(mt & Budget 3/161200711:33 AM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 3/16/20074:29 PM <(r--<.o r--O- .,-00 .Noo::r Or--:aJ ZN OJ Er-ro aJ C3 0... ~ .... -ro ~:2 c aJ OJ <( a < ~ ,.- u g '" ~ ;;: w a: 'i' '" ~ z o w- 1-1;;: Uio o -' ::' "" ,.- u g OtlV^3-lnOB V~YE:l~\I(1 vtNVS :: U) W " <( -' W 0:: I U) " 0:: W en nos O.L .l.0N / - -.- CII:f't'^3YlO8l13mo:> at u~n S3iVJ.S3 31.", N3IJ"JXI Ui6)J":l ~ .. a.. <( ~ I.LJ ~ en I- "" iii I- ~ > '" lD ':3 i ..J ~~ ",en ~~ ~iH u. o ~ II: o lL <(r--c.o .-1::- g '0 NL[) . i!'1< ~ 0:: " Lr-- (j) 12 Z " ~ ~o8 5~~ ~ .wb "' N rn w ID E.c lil " III ~g ~~~~zz~i!'~~~~~~ ~~~ Ul -", Z"'''' Wa-130Z"lD~ <( (j)Oo.. 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Cl~'" L:51i :t:: vi Cl ~~:;; ~!:c'T ~<:~ "" Ii) 0) "" '" ~ ffi 2 IX < ~~ ;;;2 ~8 ~" l!5~ o lIlt: 6< ~~ 0% ""5 ou ~ffi ~"" ... o ~ ~ " "- ~r I,",,,,,:;~~ ~i~~~ ~~;:j~~~~ l.oJ~il~::~ ~~g~~ ~~..---- - ~~~~ ~ ~ ~ < ... o f ... z '" W 0 ~ ,. tJ~~ w imi~~ ii\~;:;:15:'!;: <oon::CH,:- (Do..a..o..~oc "" H H 1I om ~c;c;~ ~ CD (l. Q. 0... a::: ~:( '1J'IlV L~:I~:OL J.OOtJ9r.a"pf)C))'i '1iMpT~I"900ZWiZI1lOi:1\900VDMQ\)THOV')V\::i Agenda Item No. 17/.\ March 27, 2007 Page 6 of 6 RESOLUTION NO. 07-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT-2006-AR-10745, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE FIFTEEN-FOOT WIDE UTILITY EASEMENTS "B" & "c" AS RECORDED IN AND CREATED BY OFFICIAL RECORDS BOOK 1648, PAGES 1502-1506 AND LYING OVER PARCELS 1 & 2, ACCORDING TO THE PLAT OF BERKSHIRE COMMONS PARCEL "1,2 & 3" FILED IN PLAT BOOK 38, PAGE 30 AND 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", WHEREAS, pursuant to Section 336.09 and 336.10, Florida Statutes, Petitioner, AmSouth Bank (Parcel 1) and Berkshire Commons, Inc. (Parcel 2), has requested the vacation of a portion of the fifteen foot wide utility easements "B" & "C" as recorded in and created by Official Records Book 1648, pages 1502-1506 and lying over Parcel 1 & 2, according to a plat of Berkshire Commons Parcels "1, 2 & 3" filed in Plat Book 38, pages 30 and 31 of the Public Records of Collier County, Florida, said vacation area being more specifically described in Exhibit 'A'; and WHEREAS, the Board has this day held a public hearing to consider the aforementioned vacation request, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation request will not adversely affect the ownership or right of convenient access of the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the utility easements as specifically described in Exhibit 'A' are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, to publish notice of adoption of this Resolution within 30 days of adoption; and to record such proofs of publication as required by Section 336,10, Florida Statutes, This Resolution adopted after motion, second and majority vote favoring same, this day of , 2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal suffici \ ".....h, .-' Agenda Item No. 178 March 27,2007 Page 1 of 8 EXECUTIVE SUMMARY Petition: SE-2007-AR-11284: An ordinance amending Ordinance Number 02-55, for the Baldridge PUD, to correct a scrivener's error resulting from the omission of Standard Industrial Code (SIC) Number 6021 for commercial banks to be a permitted use within the subject PUD which is located in Section 18, Township 49 South, Range 26 East. OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error resulting from a clerical error wherein the proposed commercial banking use that was discussed and reviewed by the BCC was inadvertently omitted from the PUD document. CONSIDERA TIONS: On November 5, 2002, the BCC adopted Ordinance Number 02-55 that granted approval for the Baldridge Planned Unit Development (PUD) rezoning. The subject property is designated Urban, Commercial District, Livingston/Pine Ridge Commerciallnfill Subdistrict in the Growth Management Plan (GMP). This subdistrict designation (Exhibit "A") identifies the subject site as an appropriate location to "provide a full range of commercial uses, including commercial retail and office uses". The petitioner's Traffic Impact Statement (Exhibit "B") included a 5,500 square foot bank with drive-thru facilities in the project analysis and the ensuing discussions at both the Collier County Planning Commission (CCPC) and the BCC hearings included banks with drive-thru facilities. The project was designed to include the uses permitted by right in the C-4 zoning district, in compliance with the GMP designation. The C-4 zoning district list of allowable uses includes those uses allowed by right and conditional use in the C-l through C-3 zoning districts. A bank is listed as a conditional use in the C-I zoning district, however that use was inadvertently omitted from the list of uses in Section 3.3 .a.22 of the PUD document attached to Ordinance 02-55 (Exhibit "C"). This section of the PUD document includes "non-depository credit institutions (groups 6 1 1 l- 6 1 63 [Standard Industrial Classification (SIC) Code listings])." Non-depository credit institutions are described in the SIC manual as "establishments engaged in extending credit in the form of loans, but not engaged in deposit banking." A depository institution is a facility that is "engaged in deposit banking," which is the use citation that would be required to allow the bank with a drive-thru facility that was proposed by the applicant and reviewed by staff and the BCe. The specific bank use that was inadvertently omitted is identified in the SlC Code manual as National Commercial Banks with the SIC designation number of 602 l. The proposed scrivener's error ordinance adds the missing SIC code number and correctly sets forth what the Board acted upon and what was inadvertently omitted from the PUD document. Executive Baldridge PUD, SE-2007-AR-11284 March 27, 2007 BCC hearing Page 1 of 2 - Agenda Item No. 17B March 27, 2007 Page 2 of 8 FISCAL IMPACT: This action is only to correct errors regarding the previously adopted Ordinance 02-55 that was approved by the BCC. Therefore, this change by and of itself will have no fiscal impact on the County, GROWTH MANAGEMENT IMPACT: The original Baldridge PUD rezone petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan (GMP). This scrivener's error is only to correct an omission in list of uses for action that was approved by the Board of County Commissioners in Ordinance Number 02-55. LEGAL CONSIDERATIONS: A scrivener's error is either an omission or typographic error in a resolution or ordinance. In this matter it is an omission to a PUD rezone ordinance as discussed more fully by staff under the heading entitled "Considerations" in this Executive Summary. STAFF RECOMMENDATION: That the BCC approve the scrivener's error correction to Ordinance Number 02-55. PREPARED BY: Kay Deselem, AICP, Principal Planner Zoning and Land Development Review Executive Baldridge PUD, SE-2007-AR-11284 March 27, 2007 BCC hearing Page 2 of 2 Item Number: Item Summary: Meeting Date: Agenda Item No, 178 March 27, 2007 Paqe 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B This item reqUires that all participants be sworn In and ex parte disclosure be proVided by Commission members SE-2007-AR-11284 An ordinance to correct a SCrivener's error In Ordinance Number 02-55, for the Baldridge pu~, to correct the omission of Standard Industrial Code (SIC) 6021 tar commercial banks located in Section 18 Township 49 South Range 26 East 3/27/"2007 90000 AM PrinCipal Planner Date Prepared By Kay Deselem, AICP Community Development & Environmental Services Zoning & Land Development Review 3/7120072:30:27 PM Marlene Stewart Executive Secretary Date Approved By Community Development & Environmental Services Community Development & Environmental Services Admin. 3/8/20078:28 AM Ray Bellows Chief Planner Date Approved By Community Development & Environmental Services Zoning & Land Development Review 318/2007 12: 54 PM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 3/812007 4:38 PM Susan Murray, AICP Zoning & Land Development Director Date Approved By Community Development & Environmental Services Zoning & Land Oevelopment Review 319/2007 1 :51 PM Date Approved By Judy Puig Community Development & Environmental Services Opmatlons Analyst Community Development & Environmental ServIces Admin. 3/1212007 8:50 AM Approved By ~Joseph K. Schmitt Community Development & Environmental Services Comm unity Development & Environmental Services Adminstrator Date Community Developmen1 & Environmental Services Admin. 3/12/20072:09 PM Approved By Administrative AssIstant Date OMB Coordinator County Manager's Office Office of Mani:lgemen1' & Budget 3114/20078:29 AM Mark Isackson Budget Analyst Date Approved By County Manager'!, Office Office of Management & Budget 3115120078:19 AM Approved By James V. Mudd Board of County CommiSSIoners County Manager Date County Manager's Office 3!15/2007 9:03 PM Agenda Item No. 17B March 27, 2007 Page 4 of 8 EXCERPT FROM GROWTH MANAGEMENT PLAN 3. Livinaston/Plne Rldoe Commerelallnflll Subdistrict This SubdfsUct consists of two parcels; one parcel consists of 17.5 acres and is located at the southeast quadrant of liliin~ston Road, a collector roadway, and Pine RIdge Road, a mInor arterial roadway. The second parcel consists of 10.47 acres and is located at the northwest quadrant of Livingston Road and Pine Ridge Road. In addition to uses allowed 111lhe Plnn I the intent of the LMngslonJPlne Ridg3 Commerclallnfill Subdistrict Is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services In an acceptable manller along a new collficIDr roadway. The Subdistrict is Intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize Well-planned access points to Improve current and future traffle flows in the area. (VI) 8. Southeast Quadrant If permitted by the South Florida Welter Management District, emergency access to the North Naples FIre District fire station located Immedlotely 81l8t of the property will1>e provided improving response times to all properties located south along Livillgllton Road. Interconnection to adjacent properties Immediately to the South and immediately to the East will be studied and provided If deemed feasible, as a part of the rezoning aclion relating to the subject property. Building height Is limited to one slory with a 35 foot maximum for all retail and general commercial uses. Generol and me<llcal office uses are limited to ltiree storieD w]th Ii!. 50 foot maximum height. Ally proJe ct developed in this Quadrant may be comprised of any combination of retail commercial and/or offIce uses. provided that the total SQuare footoge dOlts not ex:ceed 125,000 square feel. A minimum 50-foot buffer of existing nalive vegetalion wifl be preserved along all project boundaries located adjacent to areas zoned agricultural. (VI) b. Norltlwest Quadrant The feasibrJity of InterconnecUons to the adjacent propertIes to the North llnd Wellt will be considered and I if deemed feasible, will be required during the rezoning of the subject property. this quadrant shall be limited to general and medical office uses, prOVided that the totall>uUding square footage does not exceed 40,000 square feet. Building height shall be limited to three stories with a 50 foot maximum height. Excerpt from the PUD rezoning petition TRAFFIC IMPACT STATEMENT Agenda Item No. 178 March 27, 2007 Page 5 of 8 Agenda Item No. 178 March 27, 2007 Page 6 of 8 TRAFFIC GENERATION The traffic generation potential for the development was determined using rates from the Institute of Transportation Engineers' Trip Generation Manual (Sixth Edition). The trip generation equations are shown below. . Drive-in Bank(LU 9l2):. ADT: T = 174.529(X) + 385,789 AM Pk Hr,: T = 12.63(X) PM Pk Hr.: T = 54.77(X) Fast Food w/Drive-Thru (LV 834): ADT: T == 496.12(X) AM Pk Hr.: T = 49.86(X) PM Pk Hr,: T = 33 ,48 (X) PharmacYlI?rugstore wlDrive-Thru (LV 881): ADT: T = 88.16(X) AMPkHr.: T=2.66(X) PM Pk Hr.: T = lOAO(X) Shopping Center (LU 820): ADT: Ln (T) == 0.643 Ln(X) + 5,866 '. . . AM Pk Hr.: Ln (T) ;:;; 0,596 Ln(X) + 2.329 PM Pk Hr,: Ln (T);:;; 0,660 Ln(X) + 3.403 The above equations were used with the land use data provided to generate the estimated trip generations for the project as shown in Table 1 A. PM Peak Hour pass-by percentages were detennined using the lYE Trip Generation Handbook (October 1998) for the proposed land uses, Pass-by trips were then determined as part of the total project trip generation. Trip generation adjusted for pass-by traffic is shown in Table IE. \\Naples _server\Docs\Projects\40 1 \40150-Bafdridge Rezone\ Traffic\ TIS\40 ~ 50- TlS.doc 2 Agenda Item No. 17B March 27, 2007 Page 7 of 8 Table lA PROJECT TRIP GENERATION A11 PM Land Use ADT Peak Enter Exit Peak Enter Exit Shopping Center (LV 820) 105,000 SF 7,034 164 100 64 648 311 337 Fast Food wI Drive-Thru (LU 834) 3,500 SF 1,736 175 89 86 117 61 56 Bank wi Drive (LV 912) . 5,500 SF 1,346 69 39 31 301 151 151 PharmacyiDrug Store (ill 881) 11,000 SF 970 29 17 13 114 56 58 Totals 125,000 SF 11,086 438 245 193 1,181 579 602 Table IB PROJECT TRIP GENERATION Adjusted for Pass-By Traffic A1vI PM J..and Use ADT Peak Enter Exit Peak Enter Exi t Shopping Center (LV 820) 105,000 SF 7,034 164 100 64 648 311 337 Passby traffic percentage 34% -2,392 -56 -34 -22 -220 -106 -115 Fast Food wI Drive-Thru (LV 834) 3,500 SF 1,736 175 89 86 117 61 56 Passby traffic percentage 50% -868 -87 -45 -43 -59 -30 -28 Bank wI Drive (LU 912) 5,500 SF 1,346 69 39 31 301 151 151 Passby traffic percentage 47% -632 -33 -18 -14 -142 -71 -71 Plllumacy/Drug Store (LV 881) U,OOO SF 970 29 17 13 114 56 58 Passby traffic percentage. 49% -475 -14 -8 -6 -56 -27 -29 Totals 125,000 SF 6,718 248 140 108 705 344 360 \\Naples_server\Docs\Projects\401 \40150-Baldridge Razone\Traffic\ TIS\40 150- TIS.doc 3 Agenda Item No. 176 March 27,2007 Page 8 of 8 ORDINANCE NO. 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 02-55, THE BALDRIDGE PLANNED UNIT DEVELOPMENT, BY PROVIDING FOR AN AMENDMENT TO CORRECT A SCRIVENER'S ERROR AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 02-55,011 November 5,2002, and; WHEREAS, following said action adopting Ordinance No. 02-55, staff determined that the Baldridge PUD Document transmitled to the Depal1ment of State did not contain a provision that was otherwise intended and made a part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO ORDINANCE: Paragraph 3.3.a. entitled "Permitted Uses" of Ordinance Number 02-55, the Ba~dridge PUD, is hereby amclll1ed to read as follows: a. Permitted Uses .. .. .. * 22. Non-depository credit institutions (groups 6111-6163) and depository institutions. limited to commercial banks. (group 6021). SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Horida Department of State. PASSED AND DULY ADOPTED by a majority vote of the Board of COlUlty Commissioners of Collier County, Florida, this ~ day of ,2007. A lTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOIUVA .BY: Deputy Clerk JAMESCOLETTA,CHAllUdAN Approved as to Form and Legal Su fficiency: JJ~w., t0i ~ui~A ~ Marj . M. Student-Stirling . Assistant County Attorney Sjl..2~07-AR-ll284{KD/sp Words Btme1HlwGHgh are deleted; words unclerlined are added. Page I of 1 Agenda Item No. 17C March 27,2007 Page 1 of 128 EXECUTIVE SUMMARY PUDZ-2005-AR-7820 Habitat for Humanity of Collier County, represented by Laura Spurgeon, of Johnson Engineering, is requesting a rezone from the Agricultural - Mobile Home Overlay (A-MHO) zoning district to the Residential Planned Unit Development (RPUD) zoning district to consist of an affordable housing residential neighborhood of 400 single-family, zero lot line, two-family or multi-family dwelling units in a project to be known as the Kaicasa RPUD. The subject property, consisting of 100 acres, is located along the north side of State Road 29, east of Village Oaks Elementary School, and is approximately 2 miles east of the intersection of State Road 29 and County Road 846. OBJECTIVE: The petitioner is requesting a rezone from Rural Agriculture-Mobile Home Overlay (A-MHO) to PUD to be known as Kaicasa Residential Planned Unit Development (RPUD). CONSIDERATIONS: ~-- The proposed project consists of lOO::l:: acres of land to be developed as a Residential Planned Unit Development (RPUD), The proposed project is a residential development of 400 single- family attached or detached dwelling units, two-family dwelling units or multi-family dwelling units at a density of four (4) dwelling units per acre to be designed with attention to natural site features. The project site is located at the southwest comer of Section 12, Township 47 South, Range 29 East and at the northwest comer of Section 13, Township 47 South, Range 29 East, Collier County, Florida. FISCAL IMPACT: The PUD amendment, by and of itself, will have no fiscal impact on Collier County, There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, tbe developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building ,- permit include building permit review fees and utility fees associated with connecting to the Immokalee's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. PUDZ-2005-AR-7820 Kaicasa RPUD Page 1 of8 Bee Hearing 2/27/2007 ,-- Agenda Item No. 17C March 27. 2007 Page 2 of 128 Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): The subject property is within the lmmokalee Urban planning area, as depicted on the County's Future Land Use Map, and as High Residential on the lmmokalee Area Master Plan (lAMP) Future Land Use Map. The purpose of the High Residential District is to provide for an area of high density residential development at densities less than or equal to eight dwelling units an acre. An approved Affordable Housing Density Bonus would allow an additional eight dwelling units an acre. A maximum of four hundred (400) residential dwelling units shall be constructed on the one hundred (100:f:) acres, therefore, the projected density shall be four (4) dwelling units per acre. Based upon the above analysis, staff concludes that the proposed uses and densities may be deemed consistent with the lAMP. Transportation Element: Staff has reviewed the project with respect to Policies 5.1 and 5.2 of the GMP's Transportation Element, and finds the project to be consistent. AFFORDABLE HOUSING IMPACT: The proposed project increases the number of affordable housing units to meet the needs of the County, All of the dwelling units shall be committed to occupancy by income restricted households that are at or below sixty percent of the median annual household income in Collier County. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staffs recommendations and safeguards were addressed within the RPUD Document and for this reason the rezone is consistent with the LDC.and GMP. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC reviewed this petition on December 6, 2006. With a vote of 5-0 in favor of the proposed petition, the EAC recommends approval for PUDZ-2005-AR-7820 Kaicasa RPUD to the Collier County Planning Commission and the Board of County Commissioners subject to the following conditions: PUDZ-2005-AR-7820 Kaicasa RPUD Page 2 of 8 Bee Hearing 2/27/2007 _. Agenda Item No. 17C March 27, 2007 Page 3 of 128 Engineering/Stormwater Management: 1. Base flood elevation approval shall be obtained from Federal Emergency Management Agency (FEMA) and submitted with the initial application for final development order (e.g. SDP, Construction plans). Environmental: 1. Per the United States Fish and Wildlife Services (FWS) technical assistance, the applicant shall include "Standard Protection Measures for the Eastern Indigo Snake (Service 2002)" into their project plans for any construction or land clearing activities. This shall be required to be included in all development orders (SDP or Construction plans) where clearing is required. 2. Compensation for impacts to wood stork and Florida panther habitat must be addressed as part of the South Florida Water Management District (SFWMD) Environmental Review Process (ERP) and United States Army Corps of Engineers (USACE) permit in consultation with FWS prior to SDP/Construction plan approval. 3. Over 5 acres of wetlands will be impacted in the final plans. Include an analysis, at the time of the first SDP or Construction plan review, of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. County review and approval of the analysis is required prior to SDP/ Construction plans. 4. A full 5 day wildlife survey will be required at time of SDP/Construction plans. Survey must be less than 1 year old at time of submittal. 5. Sidewalks on both sides of internal roads may result in increased impacts to preserves. If the sidewalk deviation is denied, impacts to preserve areas must be minimized by using stem walls or similar structures, Preserves will be evaluated at the time of SDP/construction plans to be sure preserves are consistent with the GMP. PLANNING COMMISSION RECOMMENDATION (CCPC): The Collier County Planning Commission (CCPC) reviewed the Kaicasa RPUD rezone at the January 18, 2007 meeting. The CCPC voted 9 to 0 to forward this petition to the BCC with a recommendation of approval including the following stipulations. 1. Federal Emergency Management Agency (FEMA) base flood elevation determination shall be prior to the first Development Order approval. 2. Each dwelling unit shall contain a minimum of one single-car garage. 3. CCPC recommends only the environmental stipulations of the EAC conditions, as noted above. PUDZ-2005-AR-7820 Kaicasa RPUD Page 3 of8 BCC Hearing 2/27/2007 - Agenda Item No. He March 27,2007 Page 4 of 128 ZONING STAFF ANALYSIS: Staff from the Department of Zoning and Land Development Review has completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCe) must be based. The staff's considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter lO.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. . The proposed change has been deemed consistent with the applicable elements of the GMP goals, objectives, and policies and the Future Land Use Map. Pro: Staff has reviewed the petition and provided an analysis of the RPUD rezone in the staff report, Con: None. Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail on how the project is deemed consistent with the GMP. . The proposed land uses are compatible with the existing land use pattern. Pro: The existing land use designation is Rural Agriculture-Mobile Home Overlay (A- MHO) and the GMP encourages the project area to be rezoned to residential in the form of a PUD, As such, the Kaicasa RPUD as proposed is deemed to be consistent with existing land use per the GMP. Con: None. Land use patterns are influenced by several key factors such as land ownership and the County's GMP goals and objectives. Based on the lmmokalee Area Master Plan, staff has determined that there are no incompatible uses. Findings: Land use patterns involve zoning and transportation infrastructure planning to ensure that land is used efficiently for the benefit of the wider economy and population as well as toprovide basic goods and services to the distIict. . The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 of the Traffic Element of the GMP. Pro: The proposed road and sidewalk system for the project provides well-situated movement of pedestrians and motorized vehicles which is consistent with Objective VI. 1 of the lAMP of the GMP. Con: None. PUDZ-2005-AR-7820 Kaicasa RPUD Page 4 of8 Bee Hearing 2/27/2007 - Agenda Item No. 17C March 27, 2007 Page 5 of 128 Findings: The Traffic Impact Statement indicates that the generated trips will not lower the level of service (LOS) below any adopted LOS standard. Therefore, the applicant has complied with the GMP requirements and Policies 5.1 and 5.2 of the Transportation Element of the GMP, . The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. Pro: Public facilities including, but not limited to, roads, water, sewer, drainage, and transportation shall be coordinated with development and as appropriate, phased. Con: None. Findings: The proposed RPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed unless the LOS deficiency is corrected. LEGAL CONSIDERATIONS: This is a site specific rezone from the Rural Agriculture with Mobile Home Overlay (A-MHO) Zoning District to the Kaicasa Residential Planned Unit Development (RPUD) Zoning District. Site Specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities, 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. PUDZ-2005-AR-7820 Kaicasa RPUD Page 5 of8 BCC Hearing 2/27/2007 Agenda Item No. 17C March 27,2007 Page 6 of 128 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion, 8, Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? lO. Will the proposed PUD Rezone be appropriate considering the existing land use pattern ? 1 I. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? l5. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? l6. Will the proposed change create a drainage problem? "- 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? PUDZ-2005-AR-7820 Kaicasa RPUD Page 6 of8 Bee Hearing 2/27/2007 Agenda Item No. 17C March 27, 2007 Page 7 of 128 19, Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20, Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare, 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the County? 23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ",,'1!"~ 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.l06, art,II], as amended. 26, Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Conmlissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This is an affordable housing project and Paragraph 5.4.B of the proposed RPUD Document contains stipulations requiring the applicant to maintain the project as such for a period of 15 years. (MMSS) PUDZ-2005-AR-7820 Kaicasa RPUD Page 7 of8 Bee Hearing 2/27/2007 </_"0 .~ Agenda Item No. 17C March 27. 2007 Page 8 of 128 RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ- 2005-AR-7820 Kaicasa Residential Planned Unit Development (RPUD) subject to the stipulations of staff and the Collier County Planning Commission, which have been incorporated into the RPUD document attached to the ordinance of adoption. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review PUDZ-2005-AR-7820 Kaicasa RPUD Page 8 of8 Bee Hearing 2/27/2007 Item Number: Item Summary: Meeting Date: Agenda Item No, 17C March 27, 2007 Page 9 of 128 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C This item was continued from the February 27,2007 BCC Meellng. This item requrres that all participants be sworn in and ex parte disclosure be provided by Commission members, PUDZ-2005-AR-7820 Habitet for Humanity of Collier County, represented by Laura Spurgeon, of Johnson Engineering, IS requesting a rezone from the Agricultural - Mobile Home Overtay (A-MHO) zoning district to the Residential Planned Unit Development (RPUD) zoning district to consist of an affordable housing reSidential neighborhood of 400 single. family. zero lot line, two-family, or multi-family dwelling units in a project to be known as the Kalcasa RPUD. The subject property, consisting of 100 acres, is located along the north side of State Road 29, east of Village Oaks Elementary School, and IS approximately 2 miles east of the Intersection of State Road 29 and County Road 846, 3/27/2007900:00 AM Principal Planner Date Prepared By Melissa Zone Community Development & Environmental Services Zoning & Land Development Review 2113120075:33:11 PM Approved By Chief Planner Date Ray Bellows Community Development & Environmental Services Zoning & Land Development Review 3114/2007 10:04 AM Approved By Zoning & Land Development Director Date Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Review 3/14/2007 11 :49 AM Marlene Stewart Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 31141200712:29 PM Date Approved By Marjorie M. Student~Stirling Assistant County Attorney 3/141200712:35 PM Approved By County Attorney County Attomey Office Judy Puig Community Development & Environmental Services Date Operations Analyst Community Development & Environmental Services Admin. 3114/20073:19 PM Donald L Scott Transportation Planning Director Date Approved By Transportation Services Transportation Planning 3/14/20074:17 PM App roved By Joseph K. Schmitt Community Development & Environmental Sorvices Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 311512007 11 :09 AM OMS Coordinator Administrative Assistant Date Approved By County Manager', Office Office of Management & Budget 3/16120077:38 AM Budget Analyst Date Approved By Mark l.acMon County Manager's Office Office of Management & Budget 3116120075:32 PM County Manager Date App roved By James V. Mudd Board of County Commissioners County Manager's Office 3116/20076:14 PM Agenda Item No. 17C March 27, 2007 Page 10 of 128 Co1N:r County ~ '- -............... - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY l8, 2006 SUBJECT: PETITION PUDZ-2005-AR-7820, KAICASA RPUD OWNER: Habitat for Humanity of Collier County, Incorporated I 1 145 Tamiami Trail East Naples, FL 341 l3 AGENT: Laura Spurgeon Johnson Engineering, Incorporated 2350 Stanford Court Naples, FL 34l l2 REQUESTED ACTION: The petitioner is requesting a rezone from Rural Agriculture-Mobile Home Overlay (A-MHO) to be known as Kaicasa Residential Planned Unit Development (RPUD). GEOGRAPHIC LOCATION: The project site is located at the southwest comer of Section 12, Township 47 South, Range 29 East and at the northwest comer of Section 13, Township 47 South, Range 29 East, Collier County, Florida. (See attached location map on the following page) To be switched out for Location Map PUDZ-2005-AR-7820 Kaicasa RPUD January 18, 2006 eepe Hearing Page 1 of6 PURPOSEIDESCRIPTION OF PROJECT: PUDZ-2005-AR-7820 Kaicasa RPUD Agenda Item No. 17C March 27, 2007 Page 11 of 128 January 18, 2006 CCPC Hearing Page 2 of6 Agenda Item No. 17C March 27, 2007 The proposed project consists of 100::1: acres of land to be developed as a Residential PI~1 Vfitt128 Development (RPUD). The project is a residential neighborhood of 400 single-family attached or detached dwelling units, two-family dwelling units and duplex or multi-family dwelling units designed with attention to natural site features. SURROUNDING LAND USE AND ZONING: Subject Parcel: Vacant, zoned Agriculture-Mobile Home Overlay (A-MHO) Surrounding- North: Agriculture-Mobile Home Overlay (A-MHO) South: Agriculture-Mobile Home Overlay (A-MHO) East: Agriculture-Mobile Home Overlay (A-MHO) West: Residential Multi-family (RMF-4/RMF-6), Collier County Housing Authority Farmworker's Village GROWTH MANAGEMENT PLAN CONSISTENCY: PUDZ-2005-AR-7820 Kaicasa RPUD January 18, 2006 CCPC Healing Page 3 of6 Agenda Item No. 17C March 27, 2007 The subject property is within the Immokalee Urban planning area, as depicted on the cfOOlitywMe128 Future Land Use Map, and as High Residential on the Immokalee Area Master Plan (lAMP) Future Land Use Map. The purpose of the High Residential District is to provide for an area of high density residential development at densities less than or equal to eight dwelling units an acre. An approved Affordable Housing Density Bonus would allow an additional eight dwelling units an acre, CONCLUSION: Based upon the above analysis, staff concludes that the proposed uses and densities may be deemed consistent with the Immokalee Area Master Plan. Transportation Element: Transportation Staff has reviewed the application and has found it consistent with the Transportation Element of the GMP. Common Areas: The RPUD provides public open-space component with the principal uses as preserve, lakes and tot-lot recreation areas, No building or structures shall be erected in the preserves, or tot lot designated area as depicted on the Master Plan Exhibit A of the RPUD document. ANAL YSIS: Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination is based, The criteria are specifically noted in Section 10.02.13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use the criteria as the basis for their recommendation. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B". Environmental Analysis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staffs recommendations and safeguards were addressed within the RPUD Document and for this reason the rezone is consistent with the LDC and GMP. Environmental Advisory Commission (EAC): The EAC reviewed this petition on December 6,2006. With a vote of 5-0 in favor of the proposed petition the EAC recommends approval for PUDZ-2005- AR-7820 Kaicasa to Collier County Planning Commission and the Board of County Commissioners with the following conditions: Engineering/Stormwater Management: 1. Base flood elevation approval shall be obtained from Federal Emergency Management Agency (FEMA) and submitted with the initial application for final development order (e.g. SDP, Construction plans). Environmental: 1. Per United States Fish and Wildlife Services (FWS) technical assistance, the applicant shall include "Standard Protection Measures for the Eastern Indigo Snake (Service 2002)" into their project plans for any construction or land clearing activities. This shall be required to be included in all development orders (SDP or Construction plans) where clearing is required. 2. Compensation for impacts to wood stork and Florida panther habitat must be addressed as part of the South Florida Water Management District (SFWMD) Environmental Review Process (ERP) and United States Army Corps of Engineering (USACE) permit in consultation with FWS prior to SDP/Construction plan approval. PUDZ-2005-AR-7820 Kaicasa RPUD January 18, 2006 CCPC Hearing Page 4 of6 Agenda Item No. 17C March 27,2007 3. Over 5 acres of wetlands will be impacted in final plans. Include an analysis, at thwtimectlfl28 the first SDP or Construction plan review, of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. County review and approval of the analysis is required prior to SDP/ Construction plans. 4. Full 5 day wildlife survey will be required at time of SDP/Construction plans. Survey must be less than I year old at time of submittal. 5. Sidewalks on both sides of internal roads may result in increased impacts to preserves. If the sidewalk deviation is denied, impacts to preserve areas must be minimized by using stern walls or similar structures. Preserves will be evaluated at the time of SDPlconstruction plans to be sure preserves are consistent with the GMP. Zoning and Land Development Review Analysis: Based on staffs review of the proposed project and the adjacent existing and anticipated land uses, Kaicasa RPUD is compatible to the surrounding property as well as consistent with the GMP and LDC. Currently, the surrounding neighborhood is zoned Agriculture-Mobile Home Overlay and is developed with single-family and multi-family homes. All of the dwelling units shall be committed to occupancy by income restricted households that are at or below sixty percent (60%) of the median annual household income in Collier County at the time of construction which is schedule to begin in mid 2007 with a completion date of 2009. The project entrance will be along the north side of State Road 29, just east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The applicant for the agent noticed and advertised for the Neighborhood Information Meeting (NIM) according to the LDC. The NIM date was July 26, 2005 at 6:00 p.m. at the Immokalee Offices of Habitat for Humanity, 640 North 9th Street. The Community Planning Coordinator did not attend the meeting. The original project planner assigned to the petition was Mike Bosi, Principal Planner who did attended the NIM and stated that no one from the public attended the meeting. RECOMMENDA TION: The Collier County Planning Commission (CCPe) forwards a recommendation of approval for petition PUDZ-2005-AR-7820 Kaicasa RPUD. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" - Rezone Findings Exhibit "B" - PUD Findings PREPARED BY: PUDZ-2005-AR-7820 Kaicasa RPUD January] 8, 2006 eepe Hearing Page 5 of6 MELISSA ZONE, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE Agenda Item No. 17C March 27, 2007 Page 15 of 128 REVIEWED BY: ASSISTANT COUNTY ATTORNEY DATE RAY BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, AICP, DIRECTOR DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE Tentatively scheduled for the February 27,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDZ-2005-AR-7820 Kaicasa RPUD January 18, 2006 eepe Hearing Page 6 of6 REZONE FINDINGS PETITION PUDA-200S-AR-7820 Kaicasa Agenda Item No. 17C March 27, 2007 Page 16 of 128 Chapter 1 0.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The Comprehensive Planning Department has indicated that the proposed rezone is consistent with the land use designation of the Growth Management Plan (GMP). Con: None Findings: Based on the staff's review the proposed change would be in compliance with the lmmokalee Area Master Plan (lAMP) of the Growth Management Plan (GMP) and the Land Development Code (LDC). 2. The existing land use pattern; Pro: The existing land use designation is Rural Agriculture-Mobile Home Overlay (A- MHO) and the GMP encourages the project area to be rezoned to residential in the form of a PUD. Therefore, if the rezone to RPUD is approved, Kaicasa RPUD will be consistent with existing land use per the GMP. Con: Land use patterns are influenced by several key factors such as land ownership and the County's GMP goals and objectives. Based on the Golden Gate Area Master Plan, staff has not found incompatible uses. Findings: Land use patterns involve zoning and transportation infrastructure planning to ensure that land is used efficiently for the benefit of the wider economy and population as well as to provide basic goods and services to the district. Because the RPUD document contains language that guarantees the project will remain consistent with the GMP's goals and objectives. 3, The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: An isolated district from the neighborhood is determined by topography and inadequate public facilities. Since the proposed RPUD provides adequate public facilities the amendment will not create an isolated district. Con: None Findings: The subject parcel is of sufficient size that it will not result in an isolated district because the proposed amendment is for a residential district which is compatible with the adjacent and nearby residential zoning districts. PUDA-2005-AR-7820 Kaicasa RPUD EXHIBIT "A" Page 1 of5 Agenda Item No. 17C March 27, 2007 4. Whether existing district boundaries are illogically drawn in relation t<f'~lidmW 128 conditions on the property proposed for change. Pro: The requested action will not change the subject site in relation to the nearby residential boundaries, Con: None Findings: The residential parcel boundaries are logically drawn and they are consistent with the Immokalee Urban planning area, as identified on the lAMP of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because it is encouraged in the lAMP which is designed to be in harmony with the surrounding area. Con: The proposed rezone is not obligatory at this location. Findings: The proposed zoning change to RPUD is appropriate based on the growth and development trends in the lmmokalee Urban planning district and future growth indicate a demand for residential uses within the high residential district. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed RPUD rezone should not adversely influence living conditions in the neighborhood as the petition is consistent with existing uses and compatible with surrounding residential land use. Con: None Findings: The development standards and landscaping requirements contained in the LDC are intended to alleviate any adverse impact to the living conditions in this neighborhood if the proposed rezoning amendment is approved. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: The proposed road and sidewalk system for the project provides well-situated movement of pedestrians and motorized vehicles which is consistent with Objective VI. 1 of the lAMP of the GMP, Con: None Findings: The Traffic Impact Statement indicates that the generated trips will not lower the level of service (LOS) below any adopted LOS standard. Therefore, the applicant has complied with the GMP requirements and Policy 5.1 and 5.2 of the Transportation Element of the GMP. PUDA-2005-AR-7820 Kaicasa RPUD EXIDBIT "A" Page 2 of 5 8. Whether the proposed change will create a drainage problem; Agenda Item No. 17C March 27, 2007 Page 18 of 128 Pro: The proposed change should not create drainage or surface water problems because the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Staff will not determine if the new development will have drainage problems until the review of the development order. Findings: Public facilities including but not limited to water, sewer and drainage shall be coordinated with the first development order (plans or plat). 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: All development has to adhere to the LDC which ensures land-use designs that meet these goals. Con: None Findings: All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: The proposed change should not alter the property values nor should it decrease or overtax the load on public facilities. Con: None Findings: Property valuation is affected by a host of factors including zoning; however zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a residential zoning designation should not affect value because the surrounding area is also residential zoning. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro: The LDC's criteria for review of each land use application to allow Planning Commission and Board of Commissioners to follow standardized review process which requires consistency of the GMP. Con: None Findings: The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone amendment is approved. PUDA-2005-AR-7820 Kaicasa RPUD EXHIBIT "A" Page 3 of 5 Agenda Item No. 17C March 27, 2007 12. Whether the proposed change will constitute a grant of special privile~@gf01 ~ftf 128 individual owner as contrasting with the public welfare; Pro: Land Use application are subject to the public hearing process to assure that the rezone thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity in which the property is situated. Con: None Findings: The proposed change does not constitute a grant of special privilege to the owner as compare with the adjacent or nearby neighborhood or with the general public, The rezone complies with the land use designation of the GMP, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The proposed rezone meet the terms of the future land use element of the Immokalee Area Master Plan (lAMP) of the GMP and it will be used in accordance with the surrounding residential zoning. Con: None Findings: There are no substantial reasons why the property cannot be used in accordance with the Rural Agriculture-Mobile Home Overlay zoning, other then the ability to develop in accordance with the lAMP future land use designation which is the High Residential District. It should be noted that the economic value of the property, currently zoned, is less than its economic value if rezoned as requested will not alone constitute a significant detriment 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. The RPUD Master Plan is compatible with the character anti needs of the neighborhood. Con: None Findings: The proposed rezone is designed in a manner that is compatible with surrounding property in size and scale and the aesthetic effect of existing and future use of the property as it relates to the surrounding area. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: The proposed RPUD is consistent with the lmmokalee Urban Area and does not exceed the acceptable density of eight (8) dwelling units per acre. The proposed project increases the number of affordable housing units to meet the housing needs of the lmmokalee area. PUDA-2005-AR-7820 Kaicasa RPUD EXHIBIT" A" Page 4 of5 Con: None Agenda Item No. 17C March 27,2007 Page 20 of 128 Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro: The land use pattern should accommodate carefully planned levels of development, protect existing uses, safeguard the environment, reduce sprawl, promote efficient use of land, encourage alternative modes of transportation and help to maintain a sense of community. Con: None Findings: While site conditions may restrict the location and square-footage of the homes it would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro: The proposed rezone meets all objective criteria set forth for residential zoning and . conforms to the purpose and intent of the GMP and all its elements. Con: The GMP encourages but does not require the synchronizing of development with the availability of public facilities needed to support that development. Findings: A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and found it consistent with all Elements of the GMP. PUDA-2005-AR-7820 Kaicasa RPUD EXHIBIT" A" Page 5 of 5 Agenda Item No. 17C March 27, 2007 Page 21 of 128 EXHIBIT "B" FINDINGS FOR PUD PUDZ-A-2005-AR-7820 Kaicasa RPUD Section 10,02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: Staff reviewed this petition and how it relates to site layout, the orientation and location of homes, open spaces, landscaping and other development features such as traffic and access, drainage, sewer, water in relation to the physical characteristics, zoning and land use of the site and surrounding properties and has deemed it suitable for a PUD rezone. Con: Not applicable because this project is surrounded by residential and the proposed rezone is also residential. Findings: The proposed rezone is for the land use of residential and is suitable for the type of development that is currently being constructed in the area, Also, this petition will have to come back to county staff during first development order to ensure that is being developed compliance with all county regulations; therefore the project is suitable for the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro: The application has indicated that the project has evidence of unified control and a homeowners association will maintain common areas. Con: None Findings: Documents submitted with the Kaicasa RPUD application provide evidence of unified control. The RPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: Staff has reviewed the petition and provided an analysis of the RPUD rezone in the staff report. PUDA-2005-AR-7820 Kaicasa RPUD January 18, 2007 CCPC Hearing Page 1 of3 Con: None Agenda Item No. 17C March 27, 2007 Page 22 of 128 Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed plan is internally and externally compatible and harmonious with existing and planned land uses in the surrounding area and adjacent areas and meets the adopted purposes of the district in which the development is proposed. Con: Staff can not evaluate the project until fIrst development order application is submitted to the county. Findinr,rs: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses and staff will ensure that it remains consistent during the development process. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The RPUD Master Plan utilizes design and development techniques which respect the character of the community and protect environmental resources with open space for conservation and recreation space for public use. Con: None Findings: The amount of open space set aside is consistent with the provisions of the Land Development Code (LDC) and the GMP. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: Public facilities including but not limited to roads, water, sewer, drainage, and transportation shall be coordinated with development and as appropriate, phased. Con: None Findings: The proposed RPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS defIciency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. PUDA-2005-AR-7820 Kaicasa RPUD January 18, 2007 eepe Hearing Page 2 of3 Agenda Item No. 17C March 27, 2007 Page 23 of 128 Pro: The GMP establishes criteria for maintaining adequate housing and Level of Service (LOS) Standards to ensure the community is adequately served by the lmmokalee urban area's sanitary sewer, solid waste collection, sub-surface drainage, and potable water systems; roads; and recreational facilities, Con: None. Findings: The RPUD document has utilize GMP requirements to ensure the proposed development shall accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None Findings: The criteria requires an evaluation of the extent to which development standards and deviations proposed for the Kaicasa RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. PUDA-2005-AR-7820 Kaicasa RPUD January 18, 2007 CCPC Hearing Page 3 of3 or-co r-ON .,-0"- ,N_ O - 0 Z~~ N E..c Q.l 2t::OJ -CO<1l ~~o.. C Q.l OJ <C o :2: ::s cl: o :2: ::s I <( 3lV:lSOLl.OH I ____ - --.- 6~ '~'S ~ Ii <Ii ~ 0: d '" " -'- d z 9 ~ ~ lS6 '~'O gL-1 .pO> ~<f a.. <( ~ W I- en o N on t- . 0::: <( N . N Cl ::'l a. 'l:I: z o f- I- W a. 0..1 <( ~ z o I- <( U o ....J COLLIER COUNTY GOVERNMENT DEPT, OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlER~OV.NET Agenda Item No. 17C March 27. 2007 Page 25 of 128 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643~6968 ,~~B~I;~jml'~f . ~ PUD ;REZQNE'::(,P,l;JP:~) PETJTION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER RE-SUBMITTAL PUDZ-2005-AR-7820 PROJECT #2005030037 DATE: 2/15/06 MELISSA ZONE :: <: j--~t:-.;~~,':'~:'.<~1""o!.~{;~,:~:~ ':':.~': ':.'-~':";" .:)<.'~ ~ ;:'~::;":'::':';~""'~/~: ;':',:'::..!.::<~,!-:,:: ;: ~iB~l~bNq; [iN;Fl";\n(l\:;r-t~'~l~~T;. . "::"-~\I,.:~......,,;i~~;~'"' ".' ~- ,..':':M,.~_J);'"Y~~~:,;~'~'.~'" . . .. ,." . . ."" .~:,. -. ~ NAME OF APPLlCANT(S) HABITAT FOR HUMANITY OF COLLIER COUNTY ADDRESS 11145 TAMIAMI TRAIL EAST CITY NAPLES STATE FL ZIP 34113 TELEPHONE # (239) 775~0036 CELL # FAX # (239) 775-0477 E-MAIL ADDRESS:SDU~SO@HFHCOLLIER.COM NAME OF AGENT LAURA SPURGEO~ ADDRESS ~3S0 STANFORD COURT CITY NAPLES TELEPHONE # 239-434-0333 CELL # E-MAIL ADDRESS:LSPURGEON@JOHNSONENG.COM ST ATE FAX# ~L ZIP 34112 239-434-9320 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGL Y AND ENSURE THAT YOU ARE IN COMPLIANCE WJTH THESE REGULATIONS. AppliclItion For Public Hearing For PUD Rezone 6114/04 c."" .. '-r . ~ , : ' ,,' ,~S~'~;~;(~tJf~$r${ . ", Agenda Item No. 17C , . ~Q;; ~' r;007 ,.P9g~flr,~ 128 . ",- . .~ Complete the following for all Association(s} affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER A5S0CIA nON: MAILING ADDRESS CITY 5T ATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE_ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE_Z!P '. )j)l~qlQ~p.t.,~.QXjt~t..~<t#s'~,th'totrm~tl~rt; '. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, rist all parties with an ownership inferest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership See Attached c. If the property Is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percenfage of Ownership d, If the property is in the name of a GENERAL or liMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Application For Public Hearing For pun Rezone 6/14/04 e, Agenda Item No. 17C If there is a CONTRACT FOR PURCHASE, with an individual or indivi.,}~~t~~~ Corporation, Trustee, or a Partnership, list the names of the contract purcliasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g, Date subject property acquired 0 leQ.sed 0 Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date , or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. c. .;r~Q:V~Ril1'Mii;f)~~~~N' jl Detailed lee:aI description of the property covered by the application: (If space is inadequate, attach on separate page,) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the corrett legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Sectio niT ownsh ip fR a nge Lot: Block: 1 3 / 475 / 29E Subdivision: Plat Book Page #: Property 1.0.#: 001 37241004 & 001 37521009 Metes & Bounds Description: See Attachm~nf A Application For Public Hearing For PUD Rezone 6114/04 Size of property: 1235 ft, X 2850 ft. X llli fl. X ~ Ft. = Total Sq, Ft, 4,350.337 sf Agenda Item No. 17C March 27, 2007 Page 28 of 128 Acres 1 00 Address/l!cnerallocation of subject property: The site is along the north side of State Road 29. just east of Viflaae Oaks Elementary School. and approximately 2 miles eost of the intersectIon of State Road 29 and County Rood 846. PUD District (LDC 2.03.06): fZl Residential o Commercial o Community Facilities o Industrial ADJACENT ZONING ANDLANDlJSE Zoning Land use N A.MHO S A-MHO E A-MHO W RSF-4/RMF-6 High Resrdential (lmmokalee) Low Residential (lmmokalee) Hiah Residential t1mmokalee) Hlah Residential (Immokalee) Does the owner of the subject property own property contiguous to the subject property? NO If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/T ownship/Range / I Lot: Block: Subdivision: Plat Book_ Page #: Metes &. Bounds Description: Property 1.0.#: r Rl$ZONEREQUEST This application is requesting a rezone from the A-MHO zoning district(s) to the RPUD zoning district(s). Present Use of the Properly: Vacant Proposed Use (or range of uses) of the property: Residential neighborhood Original PUO Name: n/a Ordinance No.: n/a r E"'A.EU*TJ(~N l;IUt:]j}m~:. ;:j Pursuant to Section T 0,02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Application For Pubtic Hearing For PUD Rewl1c 61l4/04 PUD Rezone Considerations (LDC Section 10,02.13.B) Agenda Item No. 17C March 27, 2007 Page 29 of 128 1, The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, draInage, sewer, water, and other vtilitl es. The desIgnation of the rond as High Residential on the Immokalee Future Land Use Map demonstrates the area Is suitable for the requested residential development. The proposed neighborhood relates with the adjoining Farmworkers Village neighborhood and surrounding areas including the Village Oaks "Elementary School nearby. The attached Traffic Impact statement indicates State Road 29 provides adequate capacity for traffic in this area, and adequate access is afforded for the site from State Road 29 and through Interconnection with the Farmerworkers Village site. Drainage is accommodated through the proposed stormwater management system. Sewer and water ore provlded through the Immokalee Water and Sewer District, 2. Adequacy of evidence of unified control and suitability of any proposed agreements/ contrad, or other instruments, or for amendments in thOse proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and Foell/ties that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. An AffIdavit of Unified Control is Included with this application, 3. ConFormity of the proposed PUD with the goals, objectives and policies of the growth management plan. The Statement of Compliance within the attached Kakasa RPUD Document demonstrates conformity with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and bvfferlng and screening requirements, The proposed reside'ntia] neighborhood is internally compatible, and on site wetland areas ore integrated and protected through the project design. The project is compatible with the adjacent Farmworkers Village neighborhood with on interconnection provided to integrate and provide access between the two proiects. Code required buffering Is provided along project boundaries to screen impacts of the new development on adjoining properties and along State Rood 29. 5. The adequacy of usable open space areas In existence and as proposed to serve the development. The project satisfies Code requirements for usable open space in that at least 60 acres (60% of the site) is provjded. A tot lot, preserve areas, lakes and passive open areas adequately serve os open space for the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The site shall be designed, permitted and developed as a single phase, with acceptance by the County in phases through buildout In 2009. 7. The ability of the subject property and of surrounding areas to accommodate expansJon. Future expansfon of the Kaicosa RPUD Is not scheduled, however expansion would be possible due to common zoning and land use designation of adjoin1ng properties to the north and east. Application For Public Hearing For pun Rezone 6/14/04 Agenda Item No. 17C March 27, 2007 Page 30 of 128 8. ConFormity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The propose project conforms with PUD regulations, as justified In the considerations below. See the attached list of exceptions requested from the LDC, which are justifiable due to the project's size, natural systems on site to be preserved, the project layout and compatibility issues with surrounding uses and safety consideratrons. Rezone Considerations (Section 2.7.2.5) 2.7.2.5. Nature of requirements of planning commlSSlOn report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in section 2,7.2.4 shall show that the plarnling commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed project's consistency with the growth management plan is exhibited by the fact it is located within an area designated for High Residential development, where it is compatible with surrounding uses and suppOlied by the availability of adequate public facilities. 2. The existing land use pattern. The existing land use pattern in the vicinity is characterized by development that is compatible with the proposed project. Designation of site and surrounding properties as High Residential on the Immokalee Future Land Use map indicates the proposed residential development is consistent with the land use pattern established for the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed RPUD zoning district is not isolated and urn'elated to the adjacent and nearby districts. The western boundary is shared with a similar residential project (Fannworkers Village), and just to the west and south of S,R. 29 is the approved Garden Walk Village PUD, 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Existing district boundaries provide for A - Rural AgIicultural zoning with the Mobile Home Overlay for the subject site and adjoining sites to the north, south and east. Fannworkers Village immediately to the west is split by RSF-4 and RMF-6 zoning districts. The requested RPUD designation allows for a clear delineation of the Kaicasa project among the other sites, 5. Whether changed or changing conditions make the passage of the proposed amendment necessary, Application For Public Hearing For pun Rezone 6/14/04 Agenda Item No. 17C The rezoning will ordain the most appropriate designation for the land to allow devel~~~l ~f~~~ that is in accord with the growth patterns established for this location, 6. Whether the proposed change will adversely influence living conditions in the neighborhood, The proposed change is beneficial to the living conditions in the neighborhood because the improvement of vacant land with a viable residential area with open space and recreation will contribute to the neighborhood, 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types ofvehicular trafflc, including activity during construction phases of the development, or otherwise affect public safety, Traffic is addressed in the attached Traffic hnpact Statement. Trips generated by the proposed residential units will not be incompatible with surrounding land uses, and interconnection with the Farrnworkers Village development offers oppoltunities for greater intemal pedestrian and vehicular accessibility as an alternative to SR 29. 8, Whether the proposed change will create a drainage problem. No drainage problems will be created as a result of the proposed rezoning. The attached stormwater management plan addresses issues of drainage. 9. rVhether the proposed change will seriously reduce light and air to adjacent areas. Setbacks, buffers, open space, and maximum building heights of35 feet assure that light and air to adjacent areas is not affected by the proposed project. 10. Whether the proposed change will adversely affect property values in the adjacent area. Property values in the adjacent area will benefit from the proposed residential development. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not deter improvement or development of adjacent properties, The proposed project furthers the goals of the growth management plan and will fUrther the potential for surrounding properties to follow the growth management plan as well, 12, Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare, The proposed rezoning is consistent with the goals of the growth management plan and Future Land Use plan, which are adopted to guide development in the public's best interest and welfare, Application For Public Hearing For PUD Rezone 6/l4/04 Agenda Item No. 17C 13 Wh h h b. I h h b d . March 27, 2007 . et er t ere are su stantla reasons w y t e property cannot e use zn accoraflJtf?fe 32 of 128 with existing zoning, The existing zoning is A - Rural Agricultural zoning district with Mobile Home Overlay, The site conditions are not best suited for agricultural activities, so this rezone is requested to bring the property into conformance with the GMP's Immokalee Area Master Plan, which designates the site as High Residential. 14. Whether the change suggested is out a/scale with the needs o/the neighborhood or the county. The scale of the proposed development conforms to the surrounding neighborhood, The proposed 400 units on 100 acres provide residential character that is consistent with the neighboring Fmmworkers Village designated for 4 and 6 units per acre. The proposed density of 4 units per acre is in scale with the designated High Residential maximum of 8 units per acre. The provision of affordable housing at this location and scale is well situated to fulfill needs of the neighborhood and the County, 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use, Limited areas exist in the County for residential uses, however this site, located within the Immokalee's High Residential designation, is among the most adequate available sites. 16. The physical characteristics of the property and the degree of site alteration which would be required to malce the property usable for any of the range of potential uses under the proposed zoning classification. The property is currently unaltered and vacant. Areas of wetland habitat and native vegetation will be preserved consistent with County standards, and basic site alteration is required to accommodate the proposed residential neighborhood. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIJ, as amended. The proposed development will comply with the Adequate Public Facilities Ordinance and will not compromise availability of adequate public facilities and services. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions, The County Is legally precluded from enforcing deed restrictions, however, mony communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for wh1ch this use is being requested in order to as<;ertain whether or not the request 1s affected by existing deed restrictions. Application Fot' Public Hearing For pun Rezone 6/141(14 Agenda Item No. 17C P,revious land use petitions on the subject property; To your knowledge, has a public hearing ~~~~'WI~X~g~ on this property wlthln toe Jast year? 0 Yes [gJ No If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the applicatron through written notice or ceases to supply necessary informQtlon to continue processing or otherwise actively pursue the rezoning for a period of six (6) mQnths, An application deemed "dosed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submittIng a new application, repayment of all application fees and granting of a determination of "sufficiency", Further review of the prolect will be sublect to the then current code. (LDC Section 1 Q.03.05.Q.) Application For Public Hearing For pun Rezone 6/14/04 Agenda Item No. 17C March 27,2007 Page 34 of 128 ORDINANCE NO. 07-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMIssrONERS 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 COLLlER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURE WITH MOBILE-HOME OVERLAY (A-MHO) ZONING DISTRlCT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS KAICASA (RPUD) LOCATED ALONG THE NORTH SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND APPROXIMATELY 2 MILES EAST OF THE INTERSECTION Of STATE ROAD 29 AND COUNTY ROAD 846, IN SECTrON 12, TOWNSHIP 47 SOUTH. RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 100:1: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Laura Spurgeon, AICP of JOHNSON ENGINEERING, INC., representing HABITAT FOR HUMANITY OF COLLIER COUNTY INC., petitioned the Board of County Conunissioners to change the WIll ng classification of the herein d(:scribed real pwpelty. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 47 South, Range 27 East, Collier County, Florida, is changed from the Agriculture Mobile-Home Overlay (A-MHO) Zoning District to the Residential Phumed Unit Development (RPUD) Zoning Disttict known as Kaieasa Residential Plalmed Unit Development in accordance with the RPUD Document, attached hcreto as Exhibit "A", which is incorporated herein and by reference made pal1 hereof The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, a.<; amended, the Collier County Land Development Code, is/are hereby amcnded accordingly. Agenda Item No. 17C March 27, 2007 Page 35 of 128 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier Coullty, Florida, this _ day of ,2007, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLlER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Deputy Clerk Approved as to fonn and legal sufficiency ~ 2 Agenda Item No. 17C March 27, 2007 Page 36 of 128 Community Development and Environmental Services Division KAICASA RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULA TIONS AND SUPPORTING MASTER PLAN GOVERNING THE KAICASA RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREP ARED FOR: HABITAT FOR HUMANITY 11145 Tamiami Trail East Naples, FL 34113 PREPi\RED BY: JOHNSON ENGINEERING, INC 2350 STANFORD COURT NAPLES, FL 34112 DATE REVIEWD BY CCPC DA TE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit" A" Agenda Item No. 17C March 27, 2007 Page 37 of 128 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE ii SECTION I PROPERTY OWNERSHIP & DESCRIPTION I-I through 1-2 SECTION II PROJECT DEVELOPMENT II-I through II-2 SECTION III RESIDENTIAL AREAS III-I through III-3 SECTION IV PRESERVE AREAS IV-I through IV-I SECTION V DEVELOPMENTCOMMITTMENTS V-I through V-3 SECTION VI DEVIATIONS VIOl EXHIBIT 1 EXHIBIT 2 TABLE 1 TABLE 2 Agenda Item No. 17C March 27, 2007 Page 38 of 128 LIST OF EXHIBITS AND TABLES Location Map RPUD Master Plan Project Land Use Tracts Page II-I Development Standards Page III-2 i Agenda Item No. 17C March 27, 2007 Page 39 of 128 STATEMENT OF COMPLIANCE The subject property consists of 100::!:. acres of property in Collier County, Florida, and will be developed as a Residential Planned Unit Development (RPUD) to be known as the Kaicasa RPUD. The property is located within the lmmokalee Planning Community. The proposed development will consist of up to 400 residential dwelling units in the form of single-family attached or detached, zero lot line, two-family, duplex, or multifamily housing. The proposed development will be in compliance with the goals, objectives and policies set forth in the Collier County Growth Management Plan (GMP) for the following reasons: 1. The subject property is within the lmmokalee Urban Area, as depicted on the countywide Future Land Use Map, and is designated High Residential District on the lmmokalee Area Master Plan (lAMP) Future Land Use Map. According to the lAMP, the purpose of the High Residential District is to provide for a district of high density residential development. Residential dwellings shall be limited to multi-family structures and less intensive units such as single family and duplexes provided they are compatible with the district. A density less than or equal to eight (8) dwelling units per gross acre is permitted. The proposed residential development is consistent with the parameters described in the lAMP for the High Residential District, and satisfies Objective II. I of the lAMP. 2. The proposed road and sidewalk system for the project provides for movement of pedestrians, motorized, and non-motorized vehicles consistent with Objective VLl of the lAMP. In accordance with GMP Future Land Use Element Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown (FLUE) on the master plan. 3. The project development is compatible and complemental)' to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. The proposed residential project will be consistent with the only existing adjoining development which is the Farmworker's Village residential project to the west. The lmmokalee Future Land Use Map designates property to the north, east and west as High Residential and property to the south as Low Residential. The proposed development will be consistent with all these designations for future use of surrounding properties. 4. The project development shall comply with stormwater quality and quantity standards described in the Drainage Sub-Element of the Public Facilities Element. The site is designed to include preserved native vegetation, consistent with Goal IV of the lAMP. 5. The projected density of 4 dwelling units per acre (DU/A) is in compliance with the lAMP based on the following relationships to required criteria: Density per High Residential designation on lmmokalee Future Land Use Map 8 DU/A Affordable housing density bonus (100% are for low income households) 8 DU/A Permitted density 16 DU/A PROPOSED DENSITY 4 DU/A 400 units on lOO:t acres (gross acreage for residential use) 6. The provision of affordable housing in this development is consistent with Goal 1 of the Housing Element of the GMP and Goal III of the lAMP by creating affordable housing for residents of Collier County, including low and moderate income persons, rural residents, and farmworkers. The proposed project increases the number of affordable housing units to meet the housing needs of the County which is consistent with Objective 1 of the Housing Element. 7. All tinallocal development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance in accordance with Policy IT.1.2 of the lAMP. ii Agenda Item No. 17C March 27,2007 Page 40 of 128 SECTION I PROPERTY OWNERSIDP 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 Kaicasa RPUD. 1.2 LEGAL DESCRIPTION The subject property, being 100:!: acres, is described as: That portion of referenced parcel 8 in Section 13, Township 47 South, Range 29 East, and that portion of referenced parcel 8 in Section 12, Township 47 South, Range 29 East, Collier County, Florida, described in O.R. Book 2153, Page 1901, being more particularly described as follows: Beginning at a 4" by 4" concrete monument found marking the Southwest corner of said Section 12; thence North 02013'13" West along the West line of Southwest 1/4 of said Section 12, a distance of 2670.91 feet to a 4" x 4" concrete monument found marking the Northwest corner of the Southwest 1/4 of said Section 12; thence North 02013'27" West along the West line of the Northwest 1/4 of said Section 12, a distance of 179.09 feet' thence departing said West line, North 87046'47" East a distance of 1235.30 feet; thence South 02013'13" East along a line 1235.30 feet East of and parallel with the West line of the Southwest 1/4 of said Section 12 a distance of 4193.59 feet to the Northerly maintained right-of-way line of State Road No. 29; thence North 45003'20" West along said Northerly line a distance of 730.92 feet; thence North 44055'22" West to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence North 02019'02" West along said Westerly line, a distance of 7.56 feet to the point of beginning LESS AND EXCEPT THEREFROM all right, title and interest of the Grantor, if any, in and to the oil, gas and minerals of every kind or character located in, on or under, or that may be produced from said property. A site location map is provided as EXHIBIT I. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, FL 34113 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located at the southwest corner of Section 12, Township 47 South, Range 29 East and at the northwest corner of Section 13, Township 47 South, Range 29 East. The project entrance is along the north side of State Road 29, just east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846. B. The zoning classification of the subject property prior to the date of this approved RPUD Document was A-MHO, Rural Agricultural with Mobile Home Overlay. 1.5. PHYSICAL DESCRIPTION I-I Agenda Item No. 17C March 27, 2007 Page 41 of 128 The project site is located within the South Florida Water Management District. The natural drainage of the site is in a south and southeasterly direction, to the S.R. 29 canal along the project's southern border. The canal, in turn, discharges into the Fakahatchee Strand Preserve. The application includes a water management report and plan. Water management for the proposed project is planned to utilize existing wetland features with added capacity in lakes. Elevations within the project site range from 21 to 29 feet above mean sea level. Most of the site, however, has an elevation within 25 to 27 feet. The entire site is in Flood Zone A according to Firm Map Panel Number 150 (12021COI50G) dated November 17, 2005. The soil types on the site include Chobee, Winder, and Gator soils, depressional (approximately 28 percent), and Wabasso fine sand (approximately 72 percent). Soil characteristics were derived from the USDAlNRCS Soil Survey for Collier County, Florida. 1.6, PROJECT DESCRIPTION The project is a residential neighborhood of 400 single-family attached or detached, zero lot line, two-family, duplex, or multifamily dwelling units designed with attention to natural site features. The project includes residential areas, streets, water management features, preserve areas and a recreation area. The site shall be designed, permitted and developed in phases through estimated buildout in 2009. 1.7, SHORT TITLE This Ordinance shall be known and cited as the "Kaicasa Residential Planned Unit Development Ordinance." I-2 Agenda Item No. 17C March 27, 2007 Page 42 of 128 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 Regulations for development of the Kaicasa 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 (LDC) and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the LDC shall apply. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LA.~D USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by EXHIBIT 2, RPUD Master Plan. There shall be residential land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by EXHIBIT 2. TABLEl Project Land Use Residential TYPE Single-family attached or detached,. zero lot line, two-family, duplex, or multifamily dwelling units UNITS 400 DU ACREAGE 48.05 ACRES Lakes 9.02 ACRES Preserve Preserves (minimum 24.1 acres) including upland buffers 30.18 ACRES Roads/Right-of- W ay 12.75 ACRES 1 00,00 TOTAL ACRES B. Areas illustrated as lakes on EXHIBIT 2 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 lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by EXHIBIT 2. Minor modification to all tracts, lakes or other boundary may be permitted at the time of plat or site development plan approval, subject to the provisions of the LDC or as otherwise permitted by this RPUD Document. C. In addition to tracts shown on EXHIBIT 2, such easements as necessary (utility, private, or semi-public) shall be established within or along the various tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE 11-1 Agenda Item No. 17C March 27, 2007 Page 43 of 128 A maximum of 400 residential dwelling units shall be constructed in the total project area. The gross project area is 100:: acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. 2,5, RELATED PROJECT PLAN APPRO V AL REOUIREMENTS EXHIBIT 2, RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a site development plan and/or subdivision plat shall be submitted for the project. 1I-2 Agenda Item No. 17C March 27. 2007 Page 44 of 128 SECTION III RESIDENTIAL AREAS PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated as residential tracts on EXHIBIT 2. 3.2, MAXIMUM DWELLING UNITS A maximum of 400 dwelling units shall be allowed within the Kaicasa RPUD. 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) Single-family detached dwelling units (A building which contains only one dwelling unit and is intended, designed, used and occupied by no more than one family); (2) Zero lot line dwelling units (A single-family attached or detached dwelling structure on individually platted lots which provides a side yard on one side of the dwelling and no yard on the other); (3) Two-family dwelling units (A single, freestanding conventional building intended, designed, used and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership); (4) Duplex dwelling units (A single, freestanding, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership); (5) Single-family attached dwelling units; (6) Multi-family dwelling units. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) Common recreation amenities and play areas. 3.4. DEVELOPMENT STANDARDS (See Table II) A. GENERAL: All setbacks shall be in relation to the lot boundaries, except as otherwise provided (See Table II, Schedule of Development Standards). B. BUILDING HEIGHT: Building height shall be measured from the finished first floor elevation to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. C. GARAGE REQUIREMENT: A minimum of a single car garage is required for each dwelling unit. TABLE 2 111-1 Agenda Item No. 17C March 27, 2007 Page 45 of 128 Development Standards for Residential Areas Single- Zero Two- Duplex - unit is Single-Family Multi-family Family Lot Family fee simple, lot Attached Detached Line fee IS common simple ownership lot PRINCIPAL STRUCTURES Minimum Lot Area 3,000 s.f. 3,000 3,000 s.f. 7,000 s.f. 1,700 s.f. 9,000 s.f. s.f. Minimum Lot Width! 35 feet 35 feet 35 feet 70 feet 1 7 feet 90 feet Minimum Floor Area 900 sJ. 900 s.f. 900 s.f. 900 s.f. 900 s.f. 750 s.f. Front Yard Setback' 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Side Yard Setback3 5 feet o feet or o feet or 5 feet 10 feet 10 feet 5 feet 5 feet Rear Yard Setback 4 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet Preserve Setback) 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance 10 feet 10 feet 10 feet 10 feet 1 0 feet 10 feet Between Principal Structures ACCESSORY STRUCTURES Front Yard Setback S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. Side Yard Setback S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. Rear Yard Setback 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet (Accessory) Preserve Setback" 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance o feet or 10 o feet or o feet or o feet or 10 feet o feet or 1 0 feet o feet or 10 Between Principal and feet 10 feet 10 feet feet Accessory Structures7 Development Standards Notes: I On cui de sac lots and lots on the inside part of a curved street, minimum lot width may be reduced by 25%. 2 A minimum of 23 feet from edge of sidewalk to the garage must be provided, or 23 feet from edge of pavement where no sidewalk is provided, except that side loaded garages may be 20 feet from property line if the applicant demonstrates that 2 vehicles can be adequately parked on a driveway without overhanging onto the sidewalk. 3 For fee simple lots created as single family attached, zero lot line, or two family housing units, no side yard shall be required between interior units of a unified principal structure, and the required side yard shall be measured from the exterior wall of the principal structure. A minimum 10 foot separation between principal structures shall be maintained. 4 For lots adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20 foot lake maintenance easement. 5 Preserve setback for principal structures also applies to under roof attached structures part of the primary structure. 6 Preserve setback requirements of 10 feet for accessory structures also apply to any site alteration, although fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. 7 Attached accessory lanais or roofed screened areas qualify for O-foot separation. Detached accessory structures require a minimum ofa 10-foot separation. 111-2 Agenda Item No. 17C March 27, 2007 Page 46 of 128 S.P.S.: Same as Principal Structure Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. 111-3 Agenda Item No. 17C March 27, 2007 Page 47 of 128 SECTION IV PRESERVE AREA 4.1. PURPOSE The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in a natural or enhanced state. The Master Plan shows up to 30.18 acres of preserved native vegetation, a minimum of which 30.0 acres will be delineated as preserve tracts in final design and platting. This satisfies the LDC minimum requirement of 25%, or 24.11 acres, to be dedicated as preserve area in the Kaicasa RPUD. 4.2. 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 regional state and federal permits, when required: A. Principal Uses: (l) Open spaces/nature preserves; (2) Water management structures; (3) Boardwalks subject to appropriate approvals by permitting agencies, however such structures shall not reduce the retained native vegetation below the minimum required. IV-l Agenda Item No. 17C March 27,2007 Page 48 of 128 SECTION V DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments related to development of the Kaicasa RPUD. 5.2. GENERAL All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws, codes, and regulations applicable to this RPUD. The developer, its successor or assigns shall be responsible for the commitments outlined in this Document. The developer, its successor or assigns shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns in title shall be subject to any commitments within this Document. 5.3. RPUD MASTER PLAN A. EXHIBIT 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or 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. Amendments may be made subject to the provisions of the LDC. B. All necessary easements, dedications, or other instruments shall be granted to ensure 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 structures within the Kaicasa RPUD is proposed to be constructed beginning in mid 2007 with completion in 2009. The Kaicasa RPUD shall be subject to the PUD Sunset Provisions of the LDC. B. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income restricted households at or below 60% of the median annual household income in Collier County at the time of construction. Covenants and restrictions shall be applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least fifteen (15) years from the date of issuance of a certificate of occupancy (CO). C. By the time building permits for 100 residential units are issued, the developer shall have constructed at least one playground area in the location shown on the RPUD Master Plan. V-l Agenda Item No. 17C March 27,2007 Page 49 of 128 5.5. TRANSPORTATION A. The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet, and street intersections shall be provided with a minimum of a 20-foot radius (face of curb) for all internal streets and a 35-foot radius for intersections at the project entrance. Tangents shall not be required between reverse curves on any project streets. 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 LDC. C. Arterial level street lighting shall be provided at the development main access point. Access lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on the 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 points shall be consistent with the Collier County Access Management Policy (Res. No. 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 PUD amendment is to be processed. E. In accordance with GMP, Future Land Use Element, Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown on the Master Plan. F. 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. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 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 shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, 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 County shall have no responsibility for maintenance of any such facilities. 1. If any required turn lane improvement requires the use of any 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. 5.6. STORMW ATER MANAGEMENT A. The Kaicasa RPUD conceptual surface water management system is described in the Water Management Report, which has been included in the RPUD rezone application materials. Water management V-2 Agenda Item No. 17C March 27, 2007 Page 50 of 128 infrastructure will be owned, operated and maintained by the developer until conveyed to the property owner association. B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the existing canal and provide maintenance access along the northern bank, shall be conveyed to Collier County prior to issuance of the first CO. 5.7. UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way or within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District. B. Upon completion of the utility facilities, they shall be tested to ensure they meet the Immokalee Water and Sewer District construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of Immokalee Water and Sewer District. 5.8. ENVIRONMENTAL A. The Kaicasa RPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on-site. A habitat management plan for protected species, including bear and panther, shall be submitted to Environmental Services Staff for review and approval prior to final construction plan approval. B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. All preserve areas shall be designated as preserve tracts on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall be dedicated on the plat to the Kaicasa homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. SECTION VI V-3 Agenda Item No. 17C March 27, 2007 Page 51 of 128 DEVIATIONS Deviation #1 seeks relief from LDC Section 6.06.01.0 (also Construction Standards Manual as revised in Supp. 17, 03-55) which requires minimum local street right-of-way width of 60 feet. Section 5.5.A. of the RPUD Document states, "The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet." This deviation is justified because of the small-scale setting of the neighborhood. This addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right- of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50-foot right-of-way accomplishes traffic calming to provide a safer transportation system within the community. This dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that the development is compact, and open spaces can be concentrated in areas of the property for enhanced environmental quality. Deviation #2 seeks relief from LDC Section 6.06.02, which requires construction of 5-foot wide sidewalks on both sides of local streets. One 5-foot wide sidewalk is proposed on one side of the street within those portions of Kaicasa RPUD where there are no lots, where lots exist on only one side of the street. In all other areas, sidewalks would be placed on both sides of the street. This facilitates pedestrian mobility while limiting the extent of impacts created by sidewalks on both sides of the streets. The proposed sidewalks serve the purpose of connecting residents within the neighborhood to on-site destinations as well as off-site to Farmworker's Village. This deviation will not adversely impact pedestrian mobility for the project, and will reduce wetland impacts and reduce impervious areas for better water quality and storm attenuation. Deviation #3 seeks relief from the Construction Standards Manual as revised in Supp. 17, 03-55, which requires tangents for all streets between reverse curves, unless otherwise approved by the community development and environmental services division administrator. Section 5.5.A of the RPUD Document states, "Tangents shall not be required between reverse curves on any project streets." This deviation is justified because it is consistent with the Code provision for administrative discretion. The streets within the Kaicasa RPUD are not at a traffic capacity or speed level to require tangents between reverse curves. The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25 miles per hour, the design promotes traffic calming. VI-l I ~- Agenda Item No. 17C March 27,2007 Page 52 of 128 I / I / / I p.... ,I (lr-r=---t." ...... ~/. . ,.,~ / II '1 / I - )>2'.5'1>.? '^ . Ii. ;.----11' f.l j:- Immokalee <. ~'!(,,^ ./1' l....!l. . /.1 Airport ~ , ~<'x/<' l! j/ II X<:< .~. 'ci-' I . Uvl X"", 1; 1"1 (, I.....x<x. '. I f'....". I · y... fJ1 ; / '] ,. I i ~J J '---r- ,'. I 'SR 29 -1 , I I N CR 846 II I .- I.:-rrn! r. . 1,JJLr~'1 I I ..,illJ lJ / i[]J._.j!11 ~ / l I i I... f , . .I ~,L-j I ----J / I l / / I ./ / J I~ ~ tfABT.".r ;=o=; HiJMANITY KalCJha F;PUD C::ffi!!r c:unl)', FiOnda o rr ill w -' :'"> '] o "-1. ! ~ _iT...J--; --", - , ~ "'l' 10 lr () """", /"~~<t. " g.J,-.,.' >~ . J EE:.iClR1 ,.~ /~~~:j\.i.n.. ~r' '~ .~rrE,;,....'.. LqGA\1"]QN'" o usa 2,cE,!);) 5.DDD Fee: .1(1] INS . 23=-ll_Coud ~,F134~2 P'lO'e ~!. 414i!m om: E N GIN E E R I N G rnc:(Zl3f434-!WD ....,. =In,;ttt.,; !...O:BUtr'l MlUI lNn .6"!t EXHIBIT 1 COWER LAND HOLDINGS. LTD e 10' TYPE "A" BUFFER R 10' TYPE "A" BUFFER /' I /' I I I I _ L<._ R - \ 1 I 'I- I / ------ s R 10' TYPE "0" BUFFER ..../ . PRESERVE' COLLIER COUNn' HOUSING AUTHORITY FARMWORKER'S VIlLAGE 8 R ,.: I I I I \ \ " " " " " " " " " " u o " u Q, "- -" \ \ I I I I R I I I I I I I I x <Xl Il. '" ~ '" ~ "0 t;) '" I 10 0> 10 on o ,/ ..., o => Il. ,/ on 0> ;;; on o o N ,/ -'; SILVER STRAND III PARTNERSHIP 8 I LOW RESIDENTIAL JOHNS II ENGINEERING 2350 STANFORD COURT NAPLES. flORIDA 34112 PHONE (239) 434-0333 FAX (239) 434-9320 E.B. '642 <5< LB. 1642 EXHIBIT 2 I HIGH RESIDENTIAL 10 TYPE "A" BUFFER ~ Agenda Item No. 17C March 27, 2007 Page 53 of 128 LAND USE KEY RESIDENTIAL (R) -Single Family, Attachad or Datachad -Two Family - 2ara Lot Una -Duptax -MulUfamlly ~Common Area -Opan Spaca ~Water Management Areas - Tol Lot RacreaUon Araa ~ o PRESERVE AREA EJ WATER MANAGEMENT AREA - RPUD BOUNDARY - - - RlGHT-oF.WAY @ ADJACENT ZONING CLASSIFICATION [@ ADJACENT LAND USE ClASSIFICATION o 125' 250' SOD' o . SCALE: 1" - 500' COLLIER LAND HOLDINGS. L TO 8 PRESERVE cae LAND INVESTMENTS. INC. 8 PROJECT LAND USE RESIDENTIAL USE AREA LAKE PRESERVE' ROADS/ROW TOTAL NET ACREAGE 48.05 AC~ 9.02 AC~ 30.18 AC~ 12.75 AC~ 100.00 AC~ IMPERVIOUS AREA MINIMUM OPEN SPACE(50%} 23.50 AC~ 60.00 AC~ 400 UNITS/1DO AC. = 4 UNITS PER ACRE RPUD MASTER PLAN NOTES: I. Open space shall include Dctive and plthive recreation areas such as playgrounds, golf CQurses, beach fronUlge, waterways IRgoons, flood plains. nalUre trails and other simiIinr open ip8.CCS, includinG areas set llSide for preservation ofnalivC' VClelation & landscaped areas. 2. The RPUD moster plan sball be cunsidered conceptual in nature. 3. The total number of dwelling units is limited to Il maximum of 400 units. 4. The design nnd permiUing of DII improvemonts wllhin the riglu-of-wIlY ofStntc Rood 29 shall be in accordance with (he Florida Department of Trunsportation requirements. S. Within the KnicBSll RPUD, n 60'/0 minimum open space shall be achieved over lhe whole development. A minimum 25% native vegetolion shall be retained on~sile to include weiland preserves and upland preserves. in accordance with CoJJier County lond Development Code. .A MINIMUM OF 30.0 ACRES 'MLl BE DELINEATED FOR niE PURPOSE OF PRESERVE lRACTS IN niE FINAL DESIGN AND PLATTING. A MINIMUM OF 24.11 ACRES IS REQUIRED PER niE LDC NATIVE VEGETATION RETENTION REQUIREMENT ON SITE. KAICASA RPUD MASTER PLAN DATE OCT 2006 SHEET EXHIBIT 2 01'--00 r--ON ,<"""0'<""" N_ O _0 Zl'---::t Nl!) E.c (J) Q)~0l ==roco .g:2:o... c Q) Ol <( f ~i -' .1 ?- m Cl iij ll! r " :I: ~ J. ~ J Ii ~if~!~~gU :::J z~IG!tat'" !l ~ ;fg~~~l~~h ~ ~ ~ n Illfllh linn DDI i~ g~~~ ~~ ~ 811~~ lil~ 8:l! ~. _IHl ~ ~ ~ l ~ UJ '" w ~ . ~ ~~ ~ ~ ~ ~ ~p~ ~ ~ ~ ihUi ~ i 0. n::F! w-' :J . -,I/) 8ffi z;:< 01- n::<f) n::w ili~ 'all i ji! "h . Ai HI l1j .... 1"1 n.. ;! rh jH .1 ~ tI ilK JU I IllS 11~ ~!"t I .. (I III iJl 1 ! IFI , 1~~ 1 ~ ~1 ,i~ ~ 1~i i f j' ~~E :r. 111 In' ~H ~ ~ J i i ~I ~n ~ HI ~ ~ l~ itll ~ -,IL " ~1 J ~ o rill ~[!) <:5 c!)-' z:;; B~OO'l' :c i:i ::E 1':: 0 c: z;: 5:< ~~ UJ :J o () w ~~~ :::>:1:> 8~~OOLL ffiCl12 fQ :JZo 8~~ u. M W II :c I - -..... w~ ----- \~~I 1 11;1 I I ) - - - / 0: ,.- { ,- I I I I _ L_ 0::: - -- ~ w Ul w a:: Q. 0::: " --.. \ \ \ I I I \" ( \ '-,,./ I I -- .- -.. \- lor I . '" I ~~ I '" '< - - ,d -- -" ,.!,! '_ - - "" _\..;.J . - - \ \ 1 10:::1 I I \ I \ I I I I I , " " J',', " "" I ff\ w -' .1 ~ w Cl (ij w n:: ~ <-i ~ I!!' z w ::;: oe, ~ w ~iJi > ~ ...ffi 0 ffi~ ~ () ~Q. 0 iij () ~~"'~ ~Blt... ....moGl 0wl>!i3 .O-a:: :::J- <<ifila ~~a:~ iJ,u!!l S ~F::lF lDz5~ ::i;;;<l;! ;:t;;= tn-(..t'Z w~:g 5wo~ <> w 01>;2<0 g~~~ l5g:~~ ~~:~ ;!~~g ;>;~i:-' ~"':5W~ ::1(n.Flii o I- -' ~ :z: Ci -' o r a ~ n:: w ::; -' o () w ~ E lli f5j ~~ lilfJ,. ~ ..:~ I 3 : ~ ~ l! ~ ~I f 8 I'l '"~ II ~"::l " ~~g~i. i1~~~~ na~~ t;~-I~" Iil~ ~al :1" w ~ UJ o tii OJ n: :c (!) :r 2- w ~ :z f-{ 0:: w.J 1LJ Z ~ I P4 o u.. .... 8 ~ \.LI'dD~:t - goot "c ~ .~d (KV'lJ llJS Y3l5'M') .e"-P"JJrs-~Glt;ro\['(]nJ\lilH;woz\:r (I (' r Vanasse Daylor Agenda Item No. 17C March 27, 2007 _128 ~ ~.~' . {,""""!f""~' . ~f~~~~ii~~tf.~~ ZONING TRAFFIC IMPACT STATEMENT KAICASA RESIDENTIAL DEVELOPMENT December 22,2006 SR 29 Collier County, Florida Prepared For: Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, Florida 34113 Prepared By: Vanasse & Day tor, LLP Job # 80876.02 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 T 239.437.4601 F 239.437.4636 w vanday.(om Agenda Item No. 17C March 27, 2007 Page 57 of 128 Table of Contents INTRODUCTION AND SUMMARy....... .................... ............................... .......... ....... ...... .......... 1 PROPOSED DEVELOPMENT................ ............. ......... ................. ...... ...... ...... ..... ...... ....... ........... 2 EXISTING AND PROPOSED LAND USE ............................................................................................................2 AREA CONDITIONS .... ............ ........... .............. ....... .... ........ .................. ...... ...... ...... ............ ........ 2 SITE ACCESSIBILITy.... ...... ......... .................. .......... ................................... ............ ....... ..... ........... ............. .........2 PROJECTED TRAFFIC............................................................................. .................................... 3 TRIP GENERATION ........... ............ ........................................ ...... ............ .............. ............ .............. ........ ......... ..... 3 TRIP DISTRIBUTION AND ASSIGNMENT ........................................................................................................4 PROJECTED BACKGROUND AND TOTAL TRAFFIC YOLUMES..................................................................5 ANALYSES ...... ...... ...... .............................. ......................... ............... ......... ...... ...... ...... ...... ........... 5 CAPACITY AND LEVEL OF SERVICE ...............................................................................................................6 TURN LANE ANAL YSES ......................................................................................................................................9 IMPROVEMENTS ANALySIS....... ...... .... ...... ....... ......... ...... ..... ........... ...... ...... ...... ................... 10 MITIGATION OF IMPACT ............ ......... ..................... ...... ........ ........... ...... ...... ........... .............. 10 List of Tables Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 List of Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 -', Appendix Site~generated Trip Estimates Site-generated Trip Distribution Existing Traffic Volumes Projected Traffic Volumes Significance Test (PM Peak) Link LOS Analysis Results Unsignalized Intersection Capacity Analysis Results Location Map Study Area and Studied intersections Site-generated Trip Distribution Site-generated Trip Assignments Total Traffic at Site Access Kaicasa R.esidential Development Page i Table of Contents Agenda Item No. 17C March 27, 2007 Page 58 of 128 INTRODUCTION AND SUMMARY Vanasse & Daylor, LLP (VanasseDaylor) is providing thls Traffic Analysis Study Update for the Kaicasa Residential Development. The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to assure that any traffic- related problems are anticipated and that effective mitigation measures are identified as part of a Rezoning request. The proposed Kaicasa Residential Development will consist of up to 400 duplex dwelling units of affordable housing. The project buildout is planned for the 2009 peak season. Exhibit 1 shows the project site location. The levels of service for all links in the area of the project will meet the level of service standards computed by the AUIR Tables for the AM and PM Peak Hours with Buildout Year Total Traffic. Therefore, no off-site improvements are projected to be required for this project. The following improvements are projected to be required at the SR 29 & Site Access intersection: Southbound Left turn lane Northbound Right turn lane one lane (455 feet long) one lane (405 feet long) The site access should be operated as an unsignalized intersection. Kaicasa Residential Development I :\Projects\80S\8087 6\ T raffic\80876 _ TlS _ 002,doc Agenda Item No, 17C March 27, 2007 Page 59 of 128 PROPOSED DEVELOPMENT EXISTING AND PROPOSED lAND USE The Kaicasa Residential Development site is located on the east side of SR 29 immediately south of the Farmer Workers' Village approximately two (2) miles south of Main Street East in Immokalee. The proposed project will consist of up to 400 duplex dwelling units of affordable housing on a 100-acres site. The project buildout is planned for the 2009 peak season. Exhibit 1 shows the proj ect site location. AREA CONDITIONS SITE ACCESSIBiliTY Area Roadway System The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project. The roadway system inside the study area consists of the following arterial and major collector roads and streets (see Exhibit 2): SR 29 SR 29 in the study area is a north-south two-lane arterial roadway under FDOT maintenance and permitting authority. The roadway alignment is fairly level and tangent. The speed limit is posted at 60 miles per hour (mph), and is an FDOT Access Management Class 4 roadway in front ofthe site. TRAFFIC VOLUMES VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data reviewed included the Collier County ConculTency Segment Tables (October 25, 2006) and the Collier County 2005 Dailv Average Traffic Counts Kaicasa Residential Development 2 I: \ProjectS\80B\B0876\T raffic\80876_ TIS_ 002,doc Agenda Item No. 17C March 27, 2007 Page 60 of 128 (March, 2006). Copies of the applicable data used in this study are in the Appendix. Exhibit 2 shows these links in the study area, along with the studied existing intersections and proposed site access. Committed Roadway Improvements Roadway improvements are constructed in order to help alleviate current area road deficiencies and to support future area development. For purposes of this study, knowing that a roadway improvement is "committed" means that the characteristics of the higher-level facility may be used in the reserve capacity estimates. Roadway improvements that are currently under construction, or are scheduled to be constructed within the FY 2004 to FY 2006 timeframe, were considered to be committed improvements. These were identified in the Collier County MPO TransPOltation Improvement Plan Fiscal Years 2004/2005-2008/2009. Although several projects were identified on SR 29, none of these projects will add capacity to the corridor: they were all either resurfacing, landscaping, or wildlife crossing construction projects. PROJECTED TRAFFIC TRIP GENERATION Consistent with the cun.ent policy of Collier County, project trip generation was based on the recently approved Transportation Impact Fee Update Study for income-restricted single-family homes and from discussions with Don Scott, Collier County Transportation Planning. Entering and exiting trip distributions were consistent with ITE Trip Generation, ih Edition. The following trip generation formulas were used: Single-Family (Income-Restricted): ADT: T = 4.39(X) AM Peak Hour: T = 15% of ADT PM Peak Hour: T = 15% of ADT The trips generation results are shown in Table 1. Kaicasa Residential Development 3 1:\Projects\808\8087 6\T rafflc\80876 _TIS _ 002.doc Agenda Item No. 17C March 27,2007 Page 61 of 128 TABLE 1 Site-generated Trip Estimates LAND USE AM Peak Siz.e Unit ADT Total En~er f2ill. PM Peak Total ~ W Single Family (Income-Restricted): 400 Totals 400 DU 1.756 263 1,756 263 66 66 197 197 263 263 166 166 97 97 TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project. Table 2 presents the assumed distribution. Exhibit 3 graphically presents the same data. TABLE 2 Site-generated Trip Distribution Segment From To Dist. CR 846 (lmmokalee Rd) CR 858 (Oil Well Rd) SR29 20% N.lstSt CR 29A Main St 10% CR 29A (New Market Rd) Broward Street SR 29 35% SR 29 1-75 CR 858 5% SR 29 CR 858 Site Access 30% SR 29 Site Access CR 29A 70% SR 29 CR 29A South N 15th St 30% SR 29 CR 29A North SR82 25% SR 29 Hendry Co Line SR 82 10% SR 82 Lee Co Line SR 29 15% Exhibit 4 presents the proposed AM and PM Peak Hour enteIing and exiting traffic on the roadway links in the study area. Also, the turning movement assignments are shown at the Project Access Point on SR 29 and on other intersections in the study area. Kaicasa Residential Development 4 l:\Projects \808\80876\ Traffic\80876 _TIS _ 002.doc Agenda Item No. 17C March 27, 2007 Page 62 of 128 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes were developed using multiple sources. Specific Link volume data for Immokalee Road and CR 951 were provided by the Collier County Transportation Department. These link volumes consisted of recorded 2005 directional Peak Hour volumes and "banked" trips that were assigned to the links for previously approved developments (see Appendix for the Concurrency Segment Tables dated October 25, 2006). This is the methodology that is currently in use by Collier County for tracking the availability of reserve capacity on specific roadway links as part of their concurrency management efforts. No growth projections were computed as directed by Collier County staff. Table 3 presents the link-specific background traffic data used in the Link Level of Service analys~s discussed elsewhere. TABLE 3 Existing Traffic Volumes LOS DPKHR TRIP TOT REM AUIRID Segment .Ermn To CAPY ~ STD VOL BANK YOL CAP 46 Immokalee Rd Oil Well Rd SR 29 860 2 D 220 146 366 494 58 N, 1st St New Market Rd Main St 1,000 2 D 400 16 416 584 59 New Market Rd Broward Street SR 29 1,010 2 D 430 47 477 533 82 SR 29 1-75 CR 858 875 2 C 130 35 165 liD 83 SR 29 CR 858 CR 29A (New Market) 875 2 C 460 96 556 319 84 SR 29 CR 29A South N 15th St 1.860 4 C 700 116 816 1,044 86 SR 29 CR 29A North SR 82 875 2 C 540 89 629 246 87 SR 29 SR 82 Hendry County Line 875 2 C 290 10 300 575 88 SR82 SR 29 Lee County Line 875 2 C 540 84 624 251 The projected background volumes and growth rates were derived from Collier County historical data. Table 4 shows the growth rate calculation and the projected 2012 directional Peak Hour Link Volumes. Kaicasa Residential Development 5 1:\Projects\808\80876\T raffic\80876 _ TIS_ 002,doc Agenda Item No. 17C March 27, 2007 Page 63 of 128 TABLE 4 Projected Traffic: Volumes Souree: Collier County 2005 Average Daily Traffic ~ fullla DescriRtJon MDT Growth MDT' 1QQl ~ Bill. 2llil IS Q J$ 2 13 :20 12 Peak Hr Dir Vol 665 SR 29 N of Farm Workers Village 9,704 9.875 0.4% 11.340 0.092 52.32 0.922 Peak 500 Off-Peak 460 550 New Market Rd (SR 29A) S of Broward St 8,269 6,993 -4.1% 8,030 0.092 52,32 0.922 Peak 360 Off-Peak 320 I Sinee comer County historlc.1 ADT count> on both roadways result in a negativ<o growth nt.. a 2,0% positive growth rllte ""as assumed for both ro.dway links. , The D rOO facoor was obt.in<!d from the 200S FOOT Traffic Inform.tion n.arest continuous count mtion on SR 29 south of SR 82. I Tho T f.cror was ob!llined from the 200S FDOT Traffie Information ne.,est continuous count $!lItion on SR 29 south of SR 82. ANAL YSES CA~ACITY AND LEVEL OF SERVICE Link Analyses The directional split of new trips was applied to the site-generated traffic volumes to detennine the site-generated vehicle trips assignment. The site-generated vehicle-trip assignments were added to the background traffic-volume networks to determine the Build-out traffic volume conditions. Link Levels of Service were evaluated for both Background and Total Traffic conditions for this phase. The Performance Standard Maximum Service Flowrates (SFmax) for the studied links were provided by the Collier County Transportation Planning Department with the Concunency Segment data Copies of these data are contained in the Appendix. Significance Test Analyses According to Collier County Land Development Code (LDC) Section 3.15,6.4.3: "Significance Test: lmpact for the impact traffic analysis purposes for a proposed development project will be considered significant: 1. on those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; Kaicasa Residential Development 6 1:\Projects\808\80876 \Trafflc\80876_ TI$_ 002,doc Agenda Item No. 17C March 27, 2007 Page 64 of 128 2, for those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. for all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments," In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 3 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link,S percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 3/3/5 rule, and the significant links were evaluated to determine whether projected operations would be within County standards. Table 5 presents the significance test results. The analyses indicate that the only significant links are SR 29 between Oil Well Road and New Market Road, and New Market Road from Broward Street to SR 29. These links will be subjected to link LOS analyses. TABLE 5 Significance Test (PM Peak) Site Site As Pet Segment Ern.m To ~A4AX J$ of SF wx. CR 846 (Immokalee Rd) CR 858 (Oil Well Rd) SR 29 860 33 3.8% N. Ist5t CR 29A Main St 1,000 17 1.7% CR 29A (New Market Rd) Broward Street SR 29 1,010 58 5.7% SR 29 1-75 CR 858 875 8 0.9% 5R 29 CR 858 Site Access 875 50 5.7% SR 29 Site Access CR 29A 875 116 13.3% SR 29 CR 29A South N 15thSt 1,860 50 2.7% SR 29 CR 29A North SR 82 875 42 4.8% SR 29 Hendry Co Line SR 82 875 17 1.9% SR 82 Lee Co Line SR 29 875 25 2,9% Table 6 presents the Link LOS analysis results for the significant links. These links are not projected to be adversely impacted by the estimated site-generated trips. Kaicasa Residential Development 7 I :\Projects\808\80876\T raffic\80876 _TIS _ 002.doc Agenda Item No. 17C March 27,2007 Page 65 of 128 TABLE 6 Link LOS Analysis Results Based on ConculTency Segment (October 25,2006) Wlln SF MAX? Segment From To BKGD Sim Total ~AWe BKGD IQ1;;JJ, CR 29A (New Market Rd) Broward Street SR 29 477 58 535 1,010 Y Y SR. 29 CR. 858 Site Access 165 50 215 875 Y Y SR 29 Site Access CR 29A 556 116 672 875 Y y Based on Hi storical Projections for Sui Idout (20 12) W/ln SF MAX ? Segment From To BKGD Site I2g! SF AWe BKGD Total CR 29A (New Market Rd) Broward Street SR 29 360 58 418 1,010 Y Y SR 29 CR. 858 Site Access 500 50 550 875 Y Y SR 29 Site Access CR 29A 500 116 616 875 Y Y Intersection Analyses The foregoing determinations were based on link service levels using the AUIR performance standard service volumes. The link approach volumes were proportioned to the turning movements using the PM Peak Hour turning movement count percentages. The AM Peak Hour turning movement volumes were the reciprocal of the PM Peak Hour assignments. Since intersection operations have a greater impact on con'idor operations than the capacities of the roadway links, additional analyses were conducted on key intersections in the Area of Influence. The site access intersection was analyzed to determine the projected service level. UNSIGNALlZED INTERSECTION CAPACITY ANALYSES The unsignalized intersection analyses for 2012 Buildout conditions were completed usmg SYNCHRO@ 6.0 computer modeling software, which emulates HeM 2000. The Level of Service results are presented in Table 7 for AM and PM Peak Hour Background Total Traffic conditions. The intersection is projected to maintain acceptable service levels under Total Traffic conditions as an unsignalized intersection. See the Appendix for the SYNCHRO@ 6.0 computer printouts. Kaicasa Residential Development 8 I: \Projects\808\80876\Traffic\B0876 _ TI$_ 002.doc Agenda Item No. 17C March 27,2007 Page 66 of 128 TABLE 7 Intersection Capa.city Analysis Results Unsignalized Intersection Total !.Qi. ~ D 28 C 22 SR 29 & Site Access AM PM ** Denotes Unsignalized Intersection Critical Approach LOS TURN LANE ANALYSES Turn lane analyses at the site access on SR 29 were completed for project Build-out conditions. The project is proposed with one ful1-movement access point on SR 29. This intersection was assumed to be an unsignalized intersection. It was' recognized during the study process that need for, and length of need of, turn lanes, and how those lengths of need would interact with neighboring accesses and improvements, would affect the recommended access configurations, and their locations along the site frontage. Four parameters were used in order to reach the recommendations: current land uses in the area, entering and exiting turn movement assignments, the capacity analysis results, the turn lane length of need analysis results, and the proximity of the proposed accesses to neighboring acces ses/intersecti ons. The FDOT Index 301 and Figure 3-15 of the Manual of Un if ann Minimum Standards were used for conceptual geometric design (see Appendix). According to the FDOT Index 301, the deceleration lane length for a 65 mph design speed (the maximum on the Index) is 405 feet. Turn lane lengths of need will include this deceleration lane distance. Left Turn Analysis (Westbound Approach) It is projected that, with the proposed development, approximately 46 and 116 vph will turn left into the site during the AM and PM Peak Hours respectively. The SYNCHRO queue analysis indicates that a 10 foot computed queue will occur during the PM Peak Hour. This suggests that a sufficient number of acceptable gaps are available in the northbound traffic stream to accommodate nearly all of the projected turning movements. However, some storage should be Kaicasa Residential Development 9 1:\Projects\B08\80876\T raffic\80876 _ TIS_ 002.doc Agenda Item No. 17C March 27, 2007 Page 67 of 128 provided. According to FDOT Standard Index 301 (2004) a minimum left turn lane storage length of 50 feet is recommended. The total left turn lane length of need is 455 feet (50 feet storage + 405 foot deceleration lane with 50 foot taper). Right Turn Analysis (Northbound Approach) It is projected that, with the proposed development, approximately 20 and 50 vph will turn right into the site during the AM and PM Peak Hours respectively. The SYNCHRO queue analysis indicates that no queue will occur, indicating that sufficient gaps will be available in the entering traffic stream to allow the right tuming vehicles to maneuver without stopping. According to FDOT Standard Index 301 (2004), the total turn lane length of need is 405 feet, including the 50 foot departure taper. IMPROVEMENTS ANALYSIS Because many of the analyses were addressed in previous sections, this improvement analysis section will be limited to a conclusive narrative. As shown in Table 5, the levels of service for all links in the area of the project will meet the level of service standards computed by the AUIR Tables for the AM and PM Peak Hours with Buildout Year Total Traffic. Therefore, no off-site improvements are projected to be required for this project. MITIGATION OF IMPACT The following improvements are projected to be required at the SR 29 & Site Access intersection: Southbound Left turn lane Northbound right turn lane one lane (455 feet long) one lane (405 feet long) The site access should be operated as an unsignalized intersection. Kaicasa Residential Development 10 1;\Projects\B08\BOB76 \T raffic\B087 6_ T15_ C02.doc O';$> 6'...;> R1 Q:: ~, I- Cf) ~ ~ <: E MAIN ST IMMOKALEE RD (CR 846) ) ~. OIL WELL (CR 858) Agenda Item No. 17C , Page Ej{} of 128 W*E j:J~ S j --~..- Vanasse ~ Urn,n Planning Traffi( ['gin"ri"t nuARElJFtlk PAcr Jm.& pROJ(f;T NO: Kaioass 80876 hndl"P' ..."t.I"I." En,jronm,nl'! k."" Habitat for Humsnlty of {j.iI lngin..rin! fl166 Collier County, too Roadway Unk.s ACAD NO: Daylor -,-- 80876-EXOI miD H.. lri""r lo~""d, So;" !oo !1 r 45 Tamiami Trail Easl FOfl HI''' FI mil Naples, FL 3411 J ""'" 2 DRAl1" /In ~ ,1lUllAltl ,m.m"l! = EXHIBIT RMJ ~ ...vanday.com N.r.s. Oh?9-G5 ,.....c-----'.----..--------.--. Agenda Item No. 17C Marcn--zr,--2UQT-- Page 69 of 128 N W*E I) ~ s , O'~ 6'<2 ~ Q ~ ~ _l IMMOf\!'oLEEJi9 (eR E!46) .lO_L J L ~-8- <: ~! ~ 10% --- 3~____6'S$ E MAIN ST ~ --b. :g. SITE OIL WELL (eR 858) 20~ . 5% ----.....- ~ l.O 1 -- --. _u_u ---~-.. --'._'-" -- .. ._~ . - " rRfNRE9 fOR: l'lit;t T1rU:~ PfWIIXT NO: Vanasse __ Urh.n PI.o.i,,& !"ffk Enli~i.g Ha.bitat for Humanity of Kaicasa 80876 u.dlCipe ~r(h~<<IlIrt En,oronmenlllldence Site Generated Trip Distribution OWl eogi_i.g __._._~ Collier County, Inc. AColP !to.- Daylor Ilno Nt. lObUlI Bo.."'., \';1. 6QO 1/145 Tom,omi frol{ East B0876-[XQl ~ FOIl Hy,". fI mOl Naples, FL 34113 Dm, EXHIBIT 3 st.ur.=: D1U~N lIV: ~---.;;; ,1lMlM601 tlll.4lWld N.T,S. 04 29-05 RMJ w ,.ttt48Y,COM -'.~- 1-- ~ ! ~ 1 "- 0 I '8 l 1 C\l C\l I. ~\ ~~ . ~ t / ~, / 6'.9f.;>1V , / <"'0:: <V" , U'0> 6'-2 ~..... ~ "'o/. v~ '~ \tJ '" ~ ~ " C3' ~ t 1 \ \~-- ~ ~ ~ ! L 69(34) _.__ ____,.. .____ ~- _L~ 59_(29~) ~$W-- ~ ~ ~<9 ,ro'O\ ~'O' rJ.9!'l "- "v' ~ ':J':l "6l "- , ~ ~ V ~ ! '- 1 vg .---.--/ IMMQJiALEs_ RD (9.13- 846) 1._ ._...._m fJ<<)JtCf 1'(1: 80876 ACAlI' NO.. 80876-0 I DRUW Dr: RMJ Vanasse Day tor OIL WELL (CR 858) Urb", Ponning Traine Engi...,ing llnd,elp! AreNl!C1U/! E .,;,oomtnt.ll<i,.Q (i.i1 Ell:ii.!tring fl 366 Imo H... 8,;"", l"b",,6, S,il! 100 _llorl~)'lII.!Iml) ~ .119J3H!01 ,m.m.W! ~ 1i~..~llm _... /"WAREP FOR: Habitat for Humanity of Co/lier County, Inc. ] 1/45 To",iomi Trail Eost Noples, rL 34] i 3 5~LE~ [lAm ~J ~ O'-2$-O~ Agenda Item No, 17C March~2DDTm-~ Page 70 of 128 N W*E j/' ~ S LEGEND XX(XX) AM(PM) PEAK SITE !' , ,,~ ~ ,,9- ~~\ ~~Q ~ ~ \ '2- a ' ~ @ ~ \ J I ~::i-~-- 14(34) .J!I t ~ It;) i ~--~ PM:& 17TI.5:. Kaicasa Site Generated Trip Assignments EXHlBIT 4 ...J..--.---------.----- L-__.. P/lOJ1X:!' NOt 80876 ..&a.D NO; 8D876-[XOI lJRj'llN 1tY: f?MJ Vanasse Daylor -- ~~ t::b~ ~0 0V " PntMItIJ1OIO Habitat for Humanity of Collier County, Inc. 11/45 lom;omi Troil [os! Naples. fL 34 I J 3 PAlI; ~~~ 12-21~OS SITE Agenda Item No. 17C March LI, 2UUf Page 71 of 128 N W*E p~ S .(..EGEfY.Q XX(XX) AM(PM) PEAK PAGE mu: Kaicasa 2012 Total Traffic at Site Access EXHIBIT 5 Agenda Item No. 17C March 27,2007 Page 72 of 128 ApPENDIX . Collier County Concurrency Segment Table, October 25, 2006 - Excerpts . Collier County 2005 Annual Update Inventory Report (AUIR) - Excerpts . Collier County 2005 Daily Average Traffic Counts, March, 2006 - Excerpts . FDOT 2005 Traffic Information - Excerpts . SYNCHRO@ 6.0 Analysis Printouts . 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Location 2001 2002 2003 2004 2005 Change ADT ADT ADT ADT ADT 04-05 613 H Q 111th Ave North east of Vanderbilt Dr (CR 901) 8,347 8,493 8.383 9,292 0 585 H Q 111th Ave North west of Vanderbilt Dr (CR 901) 5.437 4,593 4.774 5,500 0 665 A 29 SR north of Farm Worker's Villaoe 9.704 9,919 9.940 10 131 9,875 -2,53% -I 591 A 29 SR north of SR 82 7,090 7,601 7,540 8.117 8.335 2,69% 615 A 29 SR north of US 41 (SR 90) (TamiamiTrail E.) 3.025 3,072 3,198 2,591 2,620 1,12% 582 A 29 SR south of US 41 (SR 90) 4,116 3,940 3,679 3,419 3.177 -7,08% 661 A 82 SR west of SR 29 9,632 11,624 11,144 11,225 11 ,531 2,73% 619 Q 846 (Devil's Garden Rd\ east of SR 29 3,502 4,242 3,317 3,269 2,853 -12,72% 553 H Q Airport Rd (CR 31) north of Davis Blvd (SR 84) 47,224 45,883 47,870 50,029 0 501 C Q Airport Rd (CR 31) norih of Golden Gate Pkwv, (CR 886) 50,825 50,748 43,412 42.784 0 693 Q Airport Rd (CR 31) north of North Road 52,148 55,416 53,860 54,560 1,30% 599 Q Airport Rd (CR 31) north of Oranae Blossom Dr 48,731 45,664 48,896 46,144 39,444 -14,52% 503 H Q Airport Rd (CR 31) north of Pine Ridoe Rd fCR 896) 4~:610 44,288 49,634 46.179 0 543 H Q Airport Rd (CR 31} north of US 41 (SR 45\ (Tamiami Trail) 27,978 27,572 27,919 29,607 0 659 Q Airport Rd (CR 31) north of Vanderbilt Beach Ext (CR862\ 36,183 34,986 35,742 36,331 31,088 -14.43% 552 Q Airport Rd (CR 31) south of Davis Blvd (SR 64) 37,914 36,031 37,000 37.895 36,943 -2.51% 533 C Q Airport Rd (CR 31) south of Golden Gale Pkwv (CR 666) 58.426 55.412 50.809 53,637 0 554 H Q Aimort Rd (CR 31) south of Immokalee Rd (CR 846) 32,588 31,899 32,518 33,601 0 502 H Q Airport Rd (CR 31) south of Pine RidQe Rd (CR 896) 51,231 49,877 46,331 46,970 0 521 Q Bayshore Dr north of Week Ave 16,626 16,352 15,377 14,636 14,271 -2.49% 626 A Camp Keais Rd south of Immokalee Rd (fR 846) 2,240 3,089 3,267 3,027 3,854 27,32% 660 A Capri Blvd west of Collier Blvd (SR 951) 4,652 5,135 4,250 4,276 4,780 11 ,79% 610 Q Carson Rd north of Lake Trafford Rd (CR 890) 5,688 5,656 5,703 5,927 5.472 -7,68% 618 A ChokoJoskee Causewav south of Plantation Parkwav 2.354 2.173 2,209 2,172 2,075 -4.47% 573 Q Collier Blvd (CR 951) north of Davis Blvd (SR 84) 45,100 45.475 46,582 53,866 56,180 4,30% 584 H Q Collier Blvd fCR 951l north of Golden Gate Blvd 16,827 18,042 18,538 18,518 0 525 Q Collier Blvd (CR 951) north of Golden Gate Pkwv (CR 886) 25,945 26,518 27.409 29,570 31,943 8,03% 536 Q Collier Blvd (CR 951) north of Pine Ridoe Rd (CR 696) 28,007 31,031 33,549 35,421 37,304 5,32% 602 Q Collier Blvd (CR 951) nonh of Rattlesnake Ham Rd (CR 664) 29,939 30,288 31,626 33,926 38,709 14,10% 532 Q Collier Blvd (CR 951) north of US 41 (SR 90) {Tamiami TraiTf 21.077 22,828 23,920 21,918 23,061 5,22% 607 Q Collier Blvd (CR 951) south of Golden Gate PkWY(CR 686) 28,115 22,415 23,232 25,815 29,160 12,96% 655 Q Collier Blvd (CR 951} south of Immokalee Rd fCR 646\ 14,149 19,125 19.484 21 ,796 21,792 -0,02% 657 Q Collier Blvd (CR 951) south of Lelv Cultural Blvd 25,349 25,016 26,284 29,365 . '32,477 10,60% 603 Q Collier Blvd (CR 951} south of Rattlesnake Ham Rd (CR WI) 26,563 27,713 27,928 31,462 34,013 8,11% 557 H Q Collier Blvd fCR 951) south of US 41 (SR 90) (Tam/ami Trail1 33,422 34,288 34,132 35,556 0 627 Q Collier Blvd (SR 951) south of Capri Blvd (CR 952) 25,399 26,386 26,178 27,814 28,598 2.82% 520 Q County Barn Rd north of Rattlesnake Ham Rd (CR 864) (County Facility 10,966 11,266 11,354 11,474 9,679 .15.64% Road Maintenance Facility moved 10 Davis Blvd,) 641 A County Barn Rd soulh of CC R&B Facilitv 17,106 14,954 15,005 0 13,777 519 Q County Barn Rd south of Davis Blvd (SR 84) 13,775 13,863 14,124 13,837 13,256 .4.20% 559 Q Davis Blvd (SR 84) east of Airport Rd (CR 31\ 30.590 31,084 30,183 30,798 32,083 4,17% 558 Q Davis Blvd (SR 84) west of Airport Rd (CR 31) 33,665 33,104 32,686 33,942 36.444 7.37% 601 C Q Davis Blvd (SR 84) west of Collier Blvd (en 951) 22,830 22,726 22,920 25,969 0 560 Q Davis Blvd (SR 84) west of Radio Rd (CR 856) 13,747 14,122 14,200 14.965 16,475 10.09% 538 Q Davis Blvd (SR 84) west of Santa Barbara Blvd 31,917 31,000 30,789 32,561 34,781 6,82% 638 A Desoto Blvd north of Golden Gate Blvd (CR 876) 846 1,180 1.365 1,585 2,254 42,21% 639 A Desoto Blvd south of Golden Gate Blvd (CR 6761 1,854 1,139 1.522 2,039 2,324 13,98% 636 S Everalades Blvd north of Golden Gate Blvd (CR 876) 3,576 4,448 5,817 6,520 8,108 24,36% 635 S EverQlades Blvd north of Oil Well Rd (eR 856) 2,585 3,105 3,974 5,328 6,491 21.83% 637 's Everolades Blvd south of Golden Gale Blvd (CR 876) 3,649 4,294 4,946 5,672 5.878 3,63% 549 Q First St south (CR 846) south of Main StrSR 29) 11,943 12,855 12,945 12,866 13,782 7.12% 531 H Q Golden Gale Blvd (CR 8751 east of Collier Blvd (CR 951) 20,156 20.307 25,368 27,606 0 652 Q Golden Gate Blvd (CR 876) east of Wilson Blvd 12,175 12,474 15,801 17,190 19,665 14.40% 678 Q Golden Gate Blvd fCR 876) west of Wilson Blvd 14,566 16,805 20,667 23,255 27.340 17.57% 508 C Q Golden Gate Pkwv ICR 886) east of Airoorl Rd (CR 31) 30,027 30,335 28,877 29,836 0 691 C/H Q Golden Gate Pkwy (CR 686) east of Livlnoston Road (CR 8S~) 31,140 28,860 0 0 605 Q Golden Gate Pkwv (CR 8M} east of Sanla Barbara Blvd 29,870 30,785 31.042 29,124 29,669 1.87% 507 Q Golden Gate Pkwy (CR 866) wesl of Airport Rd fCR 31) 45,172 44.288 44.592 45,594 44,751 -1.85% 510 Q Golden Gate Pkwv (CR 886) west of Collier Blvd (CR 951) 18,377 18,467 18.640 19,145 20.501 7.09% 530 Q Golden Gate Pkwy (CR 886) wesl 01 Good Ie lie Rd (CR 651) 22,44 1 22.112 23,119 21,677 21,942 1,22% Pages 3-7 of 14 March, 2006J Collier COUllty Average Daily Traffic (ADT) Counts (Five Year History Listed Alphabetically) Agenda Item No. 17C March 27, 2007 Page 78 of 128 Sta, A. T* Location 2001 2002 2003 2004 2005 Change ADT ADT ADT ADT ADT 04-05 50 9C 0 Golden Gate Pkwv (CR 686) west of Santa Barbara Blvd 39,391 31,604 29,194 0 0 50 5H 0 Goodlette Rd (CR 6S1) north of 22nd Ave north 36,724 35,368 33,093 31,414 0 595 0 Goodlette Rd (CR (51) north of Oranoe Blossom Dr 22.349 20,522 0 0 17,302 581 C Q Goodlette Rd (CR (51) north of Pine Ridqe Rd (CR (96) 25,207 22,055 0 0 0 569 0 Goodlette Rd (CR (51) south of First Ave south 28,989 27,776 28,824 29.084 29,288 0.70% 504 Q Goodlette Rd (CR (51) south of Golden Gate Pkwy (CR (86) 38,707 37,364 37,720 38,243 36.207 -5.32% 594 0 Goodlette Rd (CR 651) south of Immokalee Rd (CR 846) 17,368 15,348 12.311 11.806 12,987 10.00% 596 0 Goodlette Rd (CR (51) south of Oranae Blossom Dr 24.426 20,193 0 0 21,284 506 Q Goodlette Rd (CR (51) south of Pine Ridqe Rd fCR 896) 35,934 33.746 31 ,450 29,681 31,521 5,20% 642 Q Green Blvd east of Santa Barbara BlveI 12,153 13,100 13,862 14.261 14,214 -0,33% 643 Q Green Blvd west of Collier Blvd (CR 951) 6,946 7,833 7,893 8,582 8,749 1,95% 583 A Gulfshore Dr south of Bayview Dr 6.543 5,961 5,545 5,723 7,245 26.59% 675 C Q Immoka!ee Rd (846) east of Wilson Blvd 17,913 21,482 23,577 25,970 0 625 Q Immokalee Rd (CR 846) east of Goodlelte Rd (CR 8511 37,278 38.702 40,590 45,385 46,620 2.72% 567 C Q Immokalee Rd iCR 846) east of Airoort Rd (CR 31) 30,591 39,031 44,916 46,051 0 593 C Q Immokalee Rd (CR 846) east of Collier Blvd (CR 951) 19,799 22.138 24.231 23,363 0 568 Q Immokalee Rd (CR 846) east of 1-75 (SR 93} 33,On 34,565 38,579 42,933 45.488 5,95% 566 H Q Immokalee Rd (CR 846) east of US 41 (SR 45) (Tamiami Trail) 40,344 37,742 38,985 42,086 0 620 Q Immokalee Rd (CR 846) florth of Stockade Rd 8,529 8,848 8,685 8,217 8,422 2.49% 586 H Q Immokalee Rd {CR 846) south of Oil Well Rd (CR 658) 12.504 14,950 16,537 16,485 0 565 0 Immokalee Rd (CR 646) west of US 41 (CR 45) (Tamiami Trail) 0 17,305 17,481 18,991 19,168 0,93% 656 C 0 Immokalee Rd fCR 846) west of Collier Blvd (CR 951) 16,083 21,489 25,787 27,431 0 672 Q Immokalee Road (846) 2 miles east of Everglades Blvd. 5,125 4,733 4,806 5,661 17,78% 684 H Q Immokalee Road (CR 846 Easl) 3 miles east of 29 South New Co 1,382 1,434 0 579 C Q Immokalee Road (CR (46) west of 1-75 (SR 93) New Co 39,775 45,345 0 674 C Q Immokalee Road (CR (46) west of Wilson Blvd 17,900 20,460 21 ,380 21,277 0 677 C Q Immokalee Road East of EverQlades Blvd 5,086 5,224 5,205 0 671 0 lrnrnokalee Road soulh of Corkscrew Sanctuary Road 5.492 6,033 5,348 7.193 34.51% ~~ 0 J & C ~Ivd west of Airport Rd (CR 31) 12,157 12,040 11.946 12.131 12,110 -0.17% 614 A Jane's Scenic Dr west of SR 29 902 1,0111 998 705 655 -7.09% 609 0 Lake Trafford Rd feR (90) west of Carson Rd 6,759 6,547 6,679 6,320 5,887 -6.85% 551 Q Lake Trafford Rd (CR 890) west of North 15th St (SR 29) 12,265 12,004 12,280 12,337 12,435 0.79% 690 C Q Livinoston Rd (CR 881) 1,5 m nortl1 of Golden Gate Pkwy (CR 886) 5,192 20,947 29,759 01 574 Q Livinoston Rd (eR 881) north of Medilerra 11,281 15,0861 33.72% 575 C Q Livinaston Rd (CR 861) north of Pine RidQe Rd (CR 896) 16,409 0 597 C Q Livinaston Rd (CR 881) south of Jmmokalee Rd (CR 846) 01 576 C Q LivinQston Rd (CR 881l south of Vanderbilt Beach Rd (CR 862) 13,935 0 673 jO LivinQston Road (CR 881) norlh of Immokalee Road (CR 846) 3.230 2,840 16,344 19,090 16,80% 686 10 LivinQston Road (CR 88n north of Radio Road (CR 856) 12,136 16,466 19.083 22,934 20,18% 687 Q Livinoston Road (eR 881) south of Golden Gate Pkwv (CR 886) 14,578 23,314 27,696 33,209 19,91% 587 H 0 LOQan Blvd north of Pine RidQe Rd jCR 8~ 11,358 13.147 11 ,683 10,094 0 -----:- 588 Q Loaan Blvd south of Pine Ridqe Rd(CR 896) 31,182 34,207 29.278 29,523 29,925 1,36% 654 Q Loqan Blvd south of Vanderbilt Beach Exl.(CR 862) 9,370 10,984 9,682 8,147 8,037 -1.35% 664 Q Main 5t (SR 29) west of South 1st St (CR 846) - 12,944 5.14% 13,351 13,451 13,627 14,327 723 S Manatee Rd east of Collier Blvd (CR 951) 4,568 4,802 4,310 4,786 4.661 -2.61 % 612 Q New Market Rd (SR 29A\ east of North 15th S~ (SR 29\ 7,875 7,763 8,137 8,633 8.384 -2.88% I 550 Q New Market Rd (SR 29A) south of Broward SI 8,269 7,968 7,576 8,405 6,993 -16.80% j 663 Q North 15th 5t (SR 29) north of LaKe Trafford Rd fCR 890) 10,368 10,087 11 ,085 11.565 12,265 6,06% 683 H 0 North 15th 51 (SR 29) south of Lake Trafford Rd {CR (90) 16,965 16,969 17,57_~ . 16,525 0 590 Q North 1st 5t nmih of Main 8t (SR 29) 8,133 7.408 7.304 7,977 8,551 7,20% 692 0 North Road west of Airoort Road (CR 31) 2.857 2,474 2,916 3,056 4,80% 645 0 Oakes Blvd north of Vanderbilt Beach Rd (eR 862) 11,537 11.822 12,803 13,920 11,401 -18,10% 682 0 Oakes Blvd south of Immokalee Rd fCR 846) 10,954 11.241 11,598 11,953 9,765 -18,30% 725 S Oil Well Rd (CR 858) east of Big Cypress Elem Sch 4,246 5,340 6.692 6,119 6,788 10,93% 649 ClH Q Oil Well Rd (CR 8585) east of Irnmokalee Rd feR 846) 0 547 Q Old US 41 (CR 887) at Lee County Line 12,553 14,750 14,933 16,312 16,490 1.09% 647 Q Oranae Blossom Dr east of Timberline Dr 8,287 9,348 9,074 9,646 10,876 12,75% 526 Q Pine RidQe Rd (CR 896) east of Airoort Rd (CR 31) 53,113 51,966 51,986 53,913 55,097 2,19% 514 C 0 Pine Ridae Rd (eR 696) east of Goodloltc Rd (eR (51) 53,99) 50.035 50,867 0 0 628 0 Pine RidQe Rd (CR 896) east of LivinQston Rd (CR 881) 47,494 64,248 35.28% Pages 3-7 of 14 March, 2006J Agenda Item No. 17C March 27, 2007 Page 79 of 128 Florida Department of Transportation Transportation Statistics Office 2005 vehicle Class History Data County: 03 .... COLLIE:R Site: 0143 Oescription; SR 29,0,4 MI S OF SR-82,IMMOKALEE,COLLIER CO. Passenger single Unit Combination Multi Trailer vehicles Total Trucks Trucks Trailer Trucks Trucks Year AADT %1 Volume %2 Volume %3 Volume %4 Volume %5 Volume ..------ ..-- .. ------ -.'- ------_.----- ----..-..---- ------_.....------ ----_._---~..- ( 2005 14332 86.17 12,350 13.83 1,982 7.84 1,124 5,97 856 0.02 3 2004 1J336 85.99 11,468 14,01 1,868 7.45 993 6,51 868 0.05 7 2003 12435 88.81 11,044 11,19 1,391 6,29 783 4.90 609 0.00 0 2002 11926 91. 01 10,854 8.99 1,072 5,59 667 3.40 405 0.00 0 2001 11247 94.99 10,684 5,01 563 2.80 315 2.20 248 0.00 0 2000 10524 96.30 10,135 3.70 3!l9 1. 10 116 2.60 273 0.00 0 1999 9988 94.89 9,478 5.11 510 1. 30 130 3.30 330 0.50 50 1998 9179 94.40 8,665 5.60 514 1.50 138 3,60 330 0.50 46 1991 7279 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1990 7092 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1989 6966 0.00 0 0.00 0 0.00 0 0.00 0 0,00 0 1988 6281 0.00 0 0.00 0 0,00 0 0.00 0 0.00 0 1987 6013 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1986 5269 0.00 0 0.00 0 0,00 0 0.00 0 0,00 0 1985 4924 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1984 4853 0.00 0 0.00 0 0.00 0 0,00 0 0.00 0 1983 4888 0.00 0 0.00 0 0.00 0 0,00 0 0.00 0 1982 4545 0.00 0 0.00 0 0.00 0 0,00 0 0.00 0 1961 4535 0,00 0 0,00 0 0.00 0 0.00 0 0,00 0 1960 4 76~ 0,00 0 0.00 0 0,00 0 0.00 0 0,00 0 1979 0 0,00 0 0.00 0 0.00 0 0,00 0 0,00 0 1978 4680 0,00 0 0.00 0 0,00 0 0.00 0 0,00 0 1977 4375 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1976 4285 0.00 0 0.00 0 0.00 0 0,00 0 0.00 0 1975 3955 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 1974 3880 0.00 0 0.00 0 0.00 0 0,00 0 0.00 0 Note: 1 - Passenger vehicles Vehicle Class 1-3. 14, 15 2 - Total Trucks Vehicle Class 4 -13 :3 Single Unit Trucks Vehicle Class 4-7 4 - Combination Trailer Trucks Vehicle Class 6-10 5 - Multi Trailer Trucks ~ vehicle class 11-13 Agenda Item No. 17C Florida Depart:ment of Transportation March 27, 2007 Transportation Statistics Office Page 80 of 128 200 Highest Hour Report Report Type: ALL Year 2005 COUNTY: 03 - COLLIER valid Data SITE: 0143 Hours 6120 DESCRIPTION: SR 29,0,4 MI S OF SR-82,IMMOKALEE,COLLIER CO. Days 255 LOCATION: 03080000 Milepost 42.39 Weeks 38 AADT: 14332 Months 9 position - - - - - - - - - - ..- Coun t s .- _.~_________M -----Collection----- " oft UKIl Total Low Lo..... High High Day DaLe Hour Factor Factor Count Dir Count Dir Count ====~==~~m.=========;=====~~~=====================m~~~==============~z~~======== 1 1717 S 813 N 904 FRI 02/11/05 18 52.66 11. 98 2 1666 s 627 N 1039 E'RI OS/20/05 18 62.36 11,62 3 1617 S 673 N 944 PRI 02/18/05 18 58.38 11.28 4 1594 S 734 N 860 WED 02/23/05 18 53,95 11.12 5 1570 S 769 N BOl PRI 03/04/05 18 51,02 10.95 6 1569 S 712 N 857 FRI 02/18/05 17 54,62 10.95 7 1569 S 692 N B77 THU 02/24/05 18 55,90 10.96 8 1564 S 735 N 829 FRI 02/11/05 17 53,01 10,91 9 1561 N 764 S 797 FRI 01/28/05 18 51.06 10.89 10 1530 S 705 N 825 THU 02/17/05 18 53.92 10,68 11 1526 S 760 N 766 THU 02/03/05 18 50.20 10,65 12 1523 S 672 N 851 TUE 02/22/05 18 55,88 10.63 ::'3 1509 S 732 N 777 PRI 03/04/05 17 51.49 10.53 14 1503 S 721 N 782 PRI 02/04/05 18 52,03 10.49 15 1503 S 733 N 770 PRI 03/11/05 18 5::',23 10,49 16 1502 S 677 N 825 PRI 03/18/05 18 54,93 ~O,48 17 1500 N 746 S 754 FRI 01/07/05 18 50,27 10,47 18 1496 S 705 N 791 WED 02/16/05 18 52.87 10.44 19 149'1, N 728 S 763 PRI 04/29/05 18 51.17 10,40 20 1490 S 683 N 807 TUE 02/15/05 18 54,16 10.40 21 1482 S 707 N 775 MOl>: 02/21/05 18 52.29 10.34 22 1482 N 717 S 765 E'RI OS/27/05 18 51.62 10.34 23 1480 S 710 N 770 FRI 05/20/05 17 52,03 10,33 24 1479 S 730 N 749 FRI 04/08/05 18 50,64 10,32 25 1476 S 695 N 781 PRI 01/21/05 18 52,91 10,30 26 1476 S 695 N 781 WED 02/02/05 18 52.91 10.30 27 14 7 4 S 646 N 828 THU 03/03/05 18 56,17 10.28 28 1467 S 679 N 788 MON 02/14/05 18 53,72 10.24- 29 1467 S 731 N 736 FRI 04/15/05 18 50,17 10.24 30 1460 N 702 S 758 FRI 04/22/05 18 51 .92 10,19 31 1459 S 704 N 755 WED 02/09/05 18 51.75 10,18 32 1458 S 620 N 838 TUB 03/01/05 18 57,4l'. 10,17 33 1458 S 716 N 742 FRI 05/13/05 18 50,89 10,17 34 1444 5 657 1>1 787 T!-IU 01/20/05 18 54,50 10,08 35 1443 S 690 N 753 THU 01/27/05 18 52.1B 10,07 36 1441 S 651 N 790 FRI 01/14/05 18 54.82 10,05 37 1439 N 715 S 724 W8D 03/23/05 18 50,31 10.04 38 1435 S 651 N 784 MON 01/31/05 18 54,63 10.01 39 1434 S 647 N 767 MON 02/07/05 18 54.88 10.01 40 1432 N 709 S 723 THU 05/12/05 18 5::1,49 9,99 ~~~~:=========~;==~;=====~~~~~~~~~====================~~~~===~:================= Design Hour Data Design 'IDII 53,01% (Average of 28th..32nd hour} Design 'tIKIt 10.19% 30-Jan-2006 13,43,n6 Page 1 of 2 270U?D [1,0,0,1) 1_030143_HI200,TXT Agenda Item No. 17C Florida Department of Transportation March 27, 2007 Transportation Statistics Office Page 81 of 128 200 Highest Hour Report - Report Type: ALL Year 2005 COUNTY: 03 - COLLIER Valid Data SITE, 0143 Hours 6120 DESCRIPTION: SR 29,0.4 MI S OF SR-82.IMMOKALEE,COLLIER CO, Days 255 LOCATION, 03080000 Milepost 42.39 Weeks 38 MDT: 14332 Months 9 positi.on ------------Counts------------- -----Collection----- IID'l 71Kn Total LOW Low High High Day Date Hour Factor Factor Count oir Count Dir Count ===;====~m~=~==============~==D_ag~====================~=~g~=================ca~ 45 1426 S 641 N 785 TUE 03/15/05 18 55,05 9,95 SO 1415 N 646 S 769 FRI OS/27/05 17 54.35 9.87 55 1410 S 661 N 749 WED 03/30/05 18 53.12 9.84 60 1408 S 680 N 728 MON 04/04/05 18 51. 70 9.82 65 1397 S 656 N 741 WED 01/19/05 18 53,04 9.75 70 1392 S 674 N 718 WED 01/26/05 18 51,58 9.71 7S 1385 S 643 N 742 TUE 04/19/05 18 53,57 9,66 80 1380 S 674 N 706 MON 01/03/D5 18 51. 16 9.63 85 1374 S 638 N 736 THU 04/07/05 18 53,57 9,59 90 1367 N 636 S 731 FRI 01/21/05 17 53.47 9,54 95 1359 S 644 N 715 TUE 03/22/05 18 52,61 9,48 I: 100 1357 S 647 N 710 PRI 03/11/05 17 52,32 9,47 105 1351 S 657 N 694 MON 04/11/05 18 51.37 9.43 110 1347 S 666 N 681 TUE 01/18/05 17 50,56 9.40 115 1346 S 646 tif 700 THU OS/26/05 17 5:2,01 9.39 120 1339 N 644 S 695 FRI 01/07/05 17 51,90 9,34 125 1328 N 557 S 771 FRI 02/18/05 20 58,06 9,27 130 1325 S 654 N 671 THU 05/19/05 17 50.64 9,25 135 1317 S 621 N 696 WED 05/04/05 18 52,85 9.19 140 1310 N 533 S 777 FRI 05/13/05 19 59,31 9.14 145 1302 N 576 S 726 FRI 04/15/05 19 55.76 9.08 150 1297 S 637 N 660 WED 05/18/05 17 50,89 9.05 155 1294 S 641 N 653 FRI 01/07/05 19 50,46 9.03 160 1291 N 586 S 705 FRI 04/22/05 19 54,61 9,01 165 1289 N 627 S 662 WED OS/25/05 18 51. 36 8,99 170 1284 N 641 S 643 TUE 04/26/05 17 50,08 8,96 175 1278 S 567 N 711 FRI 02/25/05 16 55,63 8,92 180 1276 S 636 N 640 MOtif 01/10/05 17 50.16 8,90 185 1272 S 632 N 640 TUE 01/25/05 17 50.31 8.88 190 1269 N 618 S 651 ~10N 05/16/05 17 51.30 8.85 195 1266 N 614 S 652 W8D 03/02/05 19 51. SO 8.83 200 1259 S 619 N 640 WE:D 06/08/05 18 50,83 8.78 =====~===:========~:D~~~==========================~z~z===~=============:===~~m~; Design Hour Data Design IIDII 53.0U IAverage of 28th..32nd houri Design lIK" 10,19% JO..Jan-2006 13:43:06 Page 2 of 2 270UPD [l,O,O,ll 1_030143_HI200,TXT I: Site Access & SR 29 HCM UnsiE:nalized Intersection Capacity Analysis Agenda Item No, 17C March 27,2007 Timing Plan: ~MEf>f(2l'bt~8 Shared Exit Lane .( '- t ~ \. + V "i + ..Swp Free 0% 0% 59 138. .20. 46 460 0,92 0,92 0.92 0.92 0.92 64 150 21 50 500 LaneC:ontil!ur.ations SigriCoritrol Grade Volume (veh/h) Peak Hour Factor Hourly-flow rate (vph) , Pedestrians Lane Width(ft) Walkin~ Speed (ft/s) Percent Blockage ' Right turn flare (veh) Median type . Median. stora~e veh) Upstream'signal(ft) pX. platoon unblocked vC; conflictirigvolume vC I. s~e I conf vol vC2;suge1.conf vol vCu. unblocked vol tC,single(s) . te:. 2ustage(s) tF(S) ,.. pOqu~~e fr7~ % eM capacity(v~h/h).' 1143 .543 1143 .....6.4 543 6.2 565 4.1 3.5 69 210 .'. 3.3,.. 72 539.....' n 95 1007 Dlf~f~f{fi~if~wr~i~~Jii~fJ[~~~:wB0rilim-fmgMfm~;IiNB;,~fJ5ti}'~j~!if~jift&~}sB{2~:w'.~~fi4~~~~~~1~i'll~m~Jw.JfNJf:~~~Ji:'\i~t*f~4~;l:;E~!.4~~f,:w*~~g Volume Tocil d214 54322 . 50500 .. Volume Left 64 0 0 50 0 Volume Right 150 0 . 22. 0 0 cSH 367 1700 1700 1007 1700 \l'61umetoCapacity 0.58 0,32 0.01 0.050.29 Que~eLength (ft) 89 0 0 4 0 CorithilDelay (s) 27.7. 0;0 0.0 8,80.0 ~?~~:~~ic'l@ 0.0 O~ Average Delay Intersection. Capacity Utilization Analysis. Period (min) 4,8 51.4% 15 ICU Level of Service 80876 - Kaicasa TIS Vanasse & Day tor, LLP SYNCHRO 6.0 Report Page I 1:\Projects\808\80876\Traffic\SYNCHRO\80876 AM PK Total_Updated.sy7 Agenda Item No. 17C March 27,2007 Timing Plan: m"lt31'b~8 Shared Exit Lane I: Site Access & SR 29 HCM Unsi!,malized Intersection CaD~city Analysis .f '- '. + t ~ Lane Configurations Sign" Contral :. : Grade Yoium'e,(vellihj" . Peak Hour Factor Hourly :fiowirate("~h) Pedestrians Lane Width Cft) Walking Speed ((tis) PerCent Blockage Right turn fl~r~ (veh) Median tYpe. . . , M~dian storage veh) U pstrearir ~signai(fi:): . pX. platoon unblocked VC.conflicting\'olutne . vC I ,stage 1 c()nf vol VC2> stage2c6nfvol :.. vCu, unblocked vol tC;singleM .....: tC~2 ~tal:e (s) tF :(s) -',:: ,:: .., - pO Queue free % cl'1c:ap3.tltytv~li/li) ...... ...... . V PStop"P 0% 2'9i 0.92 32" ... Free 0% 460'.'. , 0.92 500 116..... 0.92 126"'. 68 0,92 .74 50 0,92 54' None 1296 6A VOl LIme Total:. . '105 ' Volume Left 32 VoILin\eRight: "74 cSH 3 I 9 Volumet6CapaCli:y' 0.33' Queue Length (ft) 35 CC)ntl-orb~lay(sr . 2LsP Lane LOS eJ .A,ppr'6athDelay(s) .:..... 2LcB" '." ..' 0.0...,.. Approach LOS Average [)elay lritersectlonCa:pacityUtiUzation Analysis Period (min) .500 o o 1700 0.29 o 0.0,. : 500 6:2,' 554 4.1 o 0. ' 1700 0.32 o 0.0'" 2.6 46.4% 15 "'ICI.HeYel of Sel"VICe', 80876 - Kaicasa TIS Vanasse & Daylor, LLP SYNCHRO 6.0 Report Page I 1:\Projects\808\S0876\Traffic\SYNCHRO\80876 PM PK TotaLUpdated.sy7 ur-co r--ON 0..- "'-N4- ci - 0 zr-"<j' NCO E.cQ) a.>20l :=:roco CO;2:Q.. "'0 C a.> OJ <{ I ~ ~ ~ ~ 15 ~ ~ ii! c:. ~ o ~ \;1 e <:;j ~ ~ 1:; c:. ~ I i . t:l ~ ~ ~ ~~ I I II ~ ~ ~ ~ ~'l;.J' I I uCS -.,~ I I I ~ ~ /i) ~h'" I I' ...... Q ~ 8 I I I .. l> "'Ii I I ~ ~ ~ lil ~ ti~.: I '" Q g~ .. I I I h.J' ~!l ~ ~ I I I OQ ~d.., ~ ~ ~ ~ i ill ~;~ ~ ~ ~ 6 ~ II i I ~"g : U.; I< \l i:l ~ i; ~l ~ ~C:i 1 c1:~ ;, 'l:~llQSl~~~i:il\ll ~Vi.... . ~lj :l1 ~ ~ ~ ~I ~ C:.tI'i,- I~ II ).o! f ~ ~'i; ~~ Jj " " H i ~ (I ~ I " I G I ~ ~ ~ ~~ .s~ H H ~ ~ Q ~ ~ ~ ~ ~ . ~ .li I ~ -4 - '-r I l~ I H$ i In :.... 10.. s.~ i ~~ D !~ ~ ~! ~ ~~ l",r ~ !l Ht 't Q~ ~i! ~~ H 5 . 5 ... t _ _T_ :; .,; ,. __L ~~ 8 !!~- ~ ~~ !~.. ~l (1:e ~ i~ - ~ ~ _.J t 1; L 1 ;~ * i I ~"'~ Sl;; ~ \' I \0.. "'~li ~~ '5C 4..:r---- ~ 0 ~ ~ :.~ - ~ '" ~~ "-i ~~i - !<f i"Vj~ ..i: ~ " j.,;: tI II> L: .._ -~'" ll: ~11 ~,...~.... "'e LU 0... 2~ 14J " ... ~~ ~~ C;S ~ '\, ~fl!~i~lu ~ .. ~ fj- - _ _' to: ~ ~ ~ q) Q~ e -e ~ -c:( <..) ~~:Slor)* diOJ~ tl ~~~l - - ~ ~ B ~ . < ~ ~- S A ~! ~ ~ u~_.. ", ~ ~~rl~.: ~ ~~~ * ';J! , : ~i 1._. --I-r~ I ..... i !h : lji ~~~ i~~ -In ~~"'l ":;' ~l :>'<>,r H~ J... :~ ~ if l ~~ ~ l ~& ~t h -'~ h . l;" ~ !~ 1; 1.._ ~ " 11 loB ~I! li\l'i ~I~ ~I... all: ! " _J:l I ! ~ ... t , '" , --L~l-i II I ~ :l '" ? ~ ~ , ~i g ~~ ~~ ~ ~~ ...1..:; ~t ~~ Q ~~ ~g , I i : ~ t ~~ il~ H .~ ~~ ...~ ~ ~ I..:; !n ~ h B ' {l i ~ ~i ~ jd ~~ I n f H - gi ~ 2 ~ ~ a If H ~ ~~ i ~1!' I! "I" H~ id ~'" i ..:: 2 {2; HJ ~ II: .. ~ E \fo ~Z! ~p ~ in ~ i <1: ~ ~ = i ~~ ~ =<'~~!l~~~,< ffi !~ ~ P ti ~ ~ji~ ~~2,: s~ ~ h t ~ ~i. ~ ~~ s ~ t~ 2 H 1 ~ ~-e ~ ~ b -" t~; L ~ i H ~>i H! } ~"~is~~ " ..~"~- .~~ ~t~~~~~~~ toJ ..; .. vi T ~ } : ~ :S ~ ! ~ l d ;!i 0 ~ " ~, a~ "''' i~ !~ 2!~ h H ~~ g ~'" ~~ a.. " " ~ ~ ~ ~ H i "'e ~~ ~ l!~ "- ~ ~ .. .:: ~ . < ~ t L_. --~) 0 ..~ ~~~ ~ t H~ ~.~~ ~~~ u"'~ ~&l: ~ i! ~~t -n h~ ,"'. fH 'l:12~ ""2 ~~ 2t- h .,; j I ~ , :~~ is~ 0: ii! .e "t ~~ --] z 0 ~ ~ ~ z < ~ . ~ (; ~ ~ ~ ~ ~ ;1 ~ ~ ;1 ~ -I 0 - . ~ < ~ ~ " ~ , ~ . i I ~ ~ , ~ " . 0 . ~ ~ 1 a ! , i . ." & ~ j I;;, e 1 ~~ ! a ~tf ~ j :€~ i: V) ~ i ~~ ~e ~ ~ a 1) ~~ li! ti ~ t" ~~ ~~'-ll1't~ Vi ~ 1 ~ ~ ~ ~ J<~ ~ ~ ~~~ g~~~~ ~~8<(ii~I!'~~ ~~~:~~~~~ ~. . . .... 1 ~ i 1 * " ~ ~ ~ ! ~ ~ d fD ~ ;., ~ ~ ~ ~ ~!S 0..: I..:; ~ .... ~~ e ~::J ll:~ Vi . :l ~ ~ ~ .~ ,g ...! H~ ~~i ~ ,,, ~ j~ ~ &~ ~ ~~ , ~<>t i H~ ! ~ ol\. ~ ~~ .. Q... ~i h ~~ ~~ ~ Excerpts from the Environmental Impact Statement ,,- Agenda Item No. 17C March 27,2007 , Page 85 of 128 Agenda Item No. 17C March 27, 2007 P e [ ! ! KAlCASA RPUD ENVIRONMENTAL IMPACT STATEMENT COLLIER COUNTY, FLORIDA '. " ~~ {JpdatecI FebrIlRr~' 2l}9G Ypdnted fAugnst..w06 Updated Octobe.' 2006 Prepared for: Habitat for Humanity ofeallier County, Ino. 11145 Tamiami Trail East Naplesl Florida 34110 Prepared by; JOl-INS - - N ENGINEERING 2158 Johnson Street Fod Myers, Florida 33901 -- Agenda Item No. 17C March 27, 2007 Page 87 of 128 . 1 . mTRODUCTioN This docwnont rel're8e~ts the Collier County Envtronme~tal Impaqt Statement (EIS) for thl:l Kaicasa RPUD. This EIS has been pl'epat'ed in accordanoe with 10.02.02 of the Colti(.')l' County Land Development Code. 10.02.02 A~4 Subsection (n) Ap,pUcnnt Information i. Responsible person who wrote the. F.JS and his/her educat{on an.d job ,.,~lated environmental e.-,;p<JI';ance. A. Gary Nychyk, EcolQgist fur Johnson Engineering, Jnc. A oopy of Mr. Nyohylc's resume is attached alii Exhibit A. /.i. Owner6f)/agellt(s) .tame, address, phone number, find e-;mail. .,,_. Agent: Laura K. Spurgeon, Senior Planner Johnson Engineering 2350 StaJlfOl'd Court Naples, Florida 34112 Phone: (239) 434-0333 Fax;; (239) 434-9320 E-Mail: lks@johnsoneng.com Subsection' (b) Mapping and Support Grapllics I. General Locat.loll Map A General Locatiol\ Map bas been provided as Figure 1. ii. Native Habitat Map A Florida Land Use Cover alid FOl1ns Classifioation System (pLUCFCS) map has been prepared at a Bcale of one inch equals two hundred feet (1 n ::: 200') for 6le pJ:Operty, and is overlain on a 2003 digital aerial photograph. The Aerial Photogt'Elph and FLUFCS Mall are included as Exhibit B. A FLUCFCS and Wetland Delineation Map is inoluded as Exllibit C, and Ta.ble 1 provides an acreage breakdown for all habitat types. 1 Agenda Item No. 17C March 27, 2007 \ Page 88 of 128 r i . ) I Figul'e 1. i N , 1m, , I -~-_ ~l ~J .C, i !.- ',~ ,It[~,, DR B.t6 ,-,.. I_,ll JW " ~// r;: -:.... C! n: 111 w ~ ~ - L.Co' ~ -'/:T../' .-' h. Ie> '1' It> n: o , , '9( /~t ",1.1. ,,~ \1--'- 't,~ , tr..l J 1 ' . 1rl'.l.ClR" , ;-"-1'--\ 'Q},\~e~:~ ' 19'~'J~j ~~J ~ / ! / I .I / /' -I srfE: LOCAl1l0N. ~ABrtAT .Ol'l t"JMI.N1T" ,(alcu~ ~PUI) C!l.'lIir C,iun~. fl~1KII .1 (J J--I N S( III :al1"1.tfrt~~1Jll N1:l:::.r1l4~'.a ~HC!IIllm>~M-tlJI~ E N G 1 NEE R I N G f"''{G:w.~l~''1:3 0 ~,:!~ ann e,DDO r I FeE!: ~n.lll' :..c...O.. l.I~p tll1/: !:lfttt' ~'Q .of' 2 Agenda Item No. 17C March 27, 2007 Page 89 of 128 .. " I iii. Topographic Map and Existing nrur'nage Patte1'lls A Topographic Map has been prepa.red and i's inoluded as Exhibit D. Iv. Soils Map A Collier County Soils Map has been pl'epared and is included as Exhibit E. v. Dra/nage. Plan A Drainage Plan indicating basic flow patterns, outfall locations, and off-site drainage has been prepared IU1d is inoluded as Exhibit F, vi. Development Plan. A Development Plan indioating the phasing, service area of existing and proposed public faci1itieB~ and existing and proposed tl.'ansportaHon network bas bean prepared and is included fiB Ex.hibit G. vii. SUe Plan A Preliminary Site Plan including onsite preseJ:ves~ adjoining preserves, potential wildlife cOrridOl'S, flowwnYB, and potential publio lands has been prepared and is inoluded as Exhibit H. lliif. For properties in the RLSA 01' RFMU districts. a site plan showing the location afthe site and lmld use designatiom and olll3rlays as id(mtlfled in tlte Growth Management Plan. This project is not located in the RLSA or RFMU overlay districts. Subsection (c) Project DcscrlptloIl and GMP Consistency DeteI'Jnmation I. Prol1idil an overall desoription of the project with 1'(!,Spect to environmental and wat.er manageJlumt issues, The Kaioasa RPUD is located in Seotion 12, TOW118Wp 47 South, Range 29 East~ Collier County Florida (please see Figure 1 fol' Projeot Location Map). The property is looated on the east side of S.R. 29 immedlRtely s.outh and enst,ofFarm Worker Villetge. The site is composed (jf twelve (12) discornable vegetative communities. Major components of the habitat e01I1-position inolude Pine Flatwoods (30.44 ao), Wot Prairie (17.20 ao), Hardwood-Conifer Mixed (15.92 ac), llnpl'oved Pl;lsture (10.48 nc), Freshwater Marsh (8.93 nc), and Unim.l)J:oved Pa.sture (9.74 ac). Wetland plant communities covel' approx.imately 28.26 acree of tb.e site. whil5 other surface waters covel' approximately 2.32 acres. A complete description of habitat types including 3 .~ Agenda Item No. 17C March 27, 2007 Page 90 of 128 FLUCFCS Code designation, canopy~ mid-story, and gl'oundoovel' speoies present lllJd acreage cat~ be fonnd in Subsection (c1) of this l'eport. A complete proteoted speoies survey covering Dpproximately 80% of all plant community types l'ev6al~ no signs of federal or state listed species. HOW6yer, transient speoies suell as wood storks and other wading bird8~ Florida black bear, and Florida panther could inhabit the site at variotl$ times of year. A variety of prote.otcd wading birds were absolved onsite during a Septemb~l' 2005 site visit with ColIi~r County staff. The site is located within the panther Primary Zone, and oue panther t(;}lemei1'Y point bas been recorded oUBHe. A complete protected specie:s survey is attaohed as Exllibit M. Several site plans were developed and reviewed to avoid and minimize wetland impaots to t111,~ highest extent practioable. Development was concentrated on upland areas. Howover, construction of the Kaicasa RPUD projeot w1l1 result in unavoidable impacts to appro~ately 5.86 acres ofwetla.nds and other swface watet'B. Specific impaots include 0.08 aOJ'es of Ditch~ 0.08 aores of Mixed Wetland Hardwoodst 2.39 aores of Freshwater Marsh, 2.63 acres of Wet Prairie, OJ 6 aores of Hydrio ~ine Flatwoods, and 0.32 acres of Hydric Disturbed Land. A complete doscriptlon of wetland impa.cts can be found in Subsection (e) oftMs report. Tbe surface water management system has been designed to help maintain regional wetland flaw ways and provide water quality and stOlID attenuation for the proposed site impl'OVeluents. There will be wetland presorves at the centl'al~ north, and south ends of the propel.ty. On-site surface water management will be acco;mplished by pipes and swales that direct stormwater runoff into the lalcfls for b:eatment and attenuation prior to disoharge, The surfaoe water managomoot system will include discharge facilities into the north em and Central wetlands in order to b,ydl'ate the wetlands and maintain regional flow charaotedstics. The water management system ,vill be isolated from these wetlands so that only coniTolled discharges from the structures will be allowed into the wetlands. These wetlands drflin across the site and eventually into the S.R. 29 canal, whioh in turn diBoluU'ges mt'O tbe Fakahatchee Strand Preserve. ii. Explain how the project t's consistent ,\-plth each of the Objectives and Policlea in the C0118erllatiol1 and Coastal Management Element a/the Growth Management Plan, where applicable. Obj(lctive 1.3 Pursuant to AdmlnisQ'ation Commfssion Final Order AC-99-002 dated June 22, 1999, the COUTlty has compler.ed the pltased delineation, data gathering, Manag~melU gutdaUnes and implementation of tile Natural Resou/'ce Protection Area (NRP A) program as par" of the required Collier County Rural ({nd Agl'icultu1'fl[ Assessment. Through this Assessment, the County has deta;'mine.d that tTlft NRP A program is not the only mechanism to protect sf.gntflcant environmental systems. Accordingly, within the Rum! Lands Stewardship Area 0118,.{(lY in tile Future Land Use Element, the Couuty has delineated Stewardship Sel1diltg Areas that will fimction to protect large cmvironmental 4 Agenda Item No. 17C March 27,2007 Page 91 of 128 "'} I \ systems. Pursuant ta the following poltcies, the County shall protect identified e.nvironm,ental system8 th.rough the NRP A and Rural Lands Stewardship pl'ograms. The subject pl11'oel is not within the NRP A) RLSA, FSA, HAS) or WRA overlay districts as identified by tIle FLUM. GOAL 2: The County s'hall protect its 8U/face and estuarine water 1'e9ources. The subject property will be developed in accordflooCl with water quality regulations set forth by t1le South Florida Water Management District. Storm water will be treated in a surface water managem('Jnt system including dry detention areas) and lakes. T1'eated water will be directed into wetland areas. which will provide additional water quality and attenuation before discharging to the S.R. 29 cauaL GOAL 3: The Coul1l;Jls!zall p1'Otect the County's ground water resources to ensure the highest water quality practical. This project will utilize cotl.h'al water and sewer, reduoing potential contamination of groundwater resources. Objective 3.1 G,'ound water quality shall meet all appltcable Federal and State water quality ~'landards by Jcmuar)J 2002 Clnd shall be maJ1l~ained therecifter. This projeot is not located within a Well Helld Proteotion Area as identified by the PLUM, and therefore does not pose any impaots to the CO\.Ulty's b'Toundwater resources. Goal 4 Tlte County ~'hall COllS(311le, protect, and appropriately manage the County 's fi'e~hwate,. reSO!lraes. The Habitat for Humanity project will be designed to meet water quaUty regulations set forth by tbe South Florida Water Management DistrIct el1s'Ul'iug pl'otectloll to Ule County's D.'eshwater resources. The projeot will utilize central water and sewer reducing potential impaots to freshwater resources. Goal 6 The County shall identifY, proteot, con8cm'e and appl'opriate!y use its native wgetatfve communities and wildlife habitat. The project proposes to retain and preserve 30.18 acres of indigenouS' communities ousite. The configuration of the preserve areas has been ohanged fl.'om the second EIS submittal in Febluary 2006 to encompass larger, more contiguous -al'eas of native vegetation. Sp.colfically, Preserve 1 includes the: previous P~2 and the majority of p~ 1, ' 5 , \ I , I Agenda Item No. 17C March 27, 2007 Page 92 of 128 l Tins preserve cuntllllS R variety ofllplnnd and wetland habitats for a total of 11.82 acres. It is also open to undeveloped lnnds to the oaBt, Pt'eserve 2 contains 0.70 acre of hydric pine flatwoods along the west6rn properly lirie. The configuration of Preserve 3 (14.43 aores) remains similar to the previous P-3'1 how~vf:Jr it ~s now open to the east and larger iil size. P-4 has been eliminated and is now proposed for development. Preserve 4 {3.22 acres) remains similar ii.1 configuration to Pft5j but bas increased in size. These changes have resulted in a total of 4 pl'eS61'VeS encompassing 30.18 acres, as opposed to 5 preserves encompasshlg 27.82 acres as proposed in the preVious EIS, These preserve areas will be placed under conservation easements gJ.'anted to the South Florida Wator Management District and Collier County without responsibility for maintenance. InvasivCl ex.otio vegetfltioll wiil be eradioated and wetland hydrology will be maintained through la.ke interconneotions and appropriate COlltTol elevations. o.bjeetivc 6.2 Tho County shall protect and COHSc:wve wetlands and the nattll'alfimctions ofw~tland8. This pl'ojectis protecting and preserving approximately 22.49 acres (79.55%) ofwetI!Juds oneite and inoorpol'nting those wetlands il'l,to the overall surface water management system (See Exllibits F and K.) to ensure they retain healthy hydrology. The majority of wetlands W~A, W-B and W-C will be preserved as Presl;lrve 1. Wetland W-D will be preBerved as Preserve 2, The majority of wetland W-E will be contained within Preserve 3. Wetland W-F will be futly impacted. The majority of wetlands W-G, WHH and WwI will be contained in ProsCJl've 4. These changes have resulted in a total of 4 preserves encompassing 30.18 acres~ as opposed to 5 preserves encompassing 27.82 acres as proposed in the previous EIS. Specifically, Preserves 1 and 3 are significantly larger and more contiguous. The wetlands will be placed under Conservation Easements to the South Florida Wator Managoment Dislrict and Collier County, and all hwasive exotic vegetation wiil be l'emoved from the preserve areas. Mitigation for wetland impacta will be submitted for approval by the SFWMD at the tIme of environmental resource permittIng to ensure the project does not 1:e8u1t in a net loss of wetland function. Gonl 7 The County shall protect and COlUlerve its fisheries and wildlife, A complete Protected Species Survey was perfollned on the site (Exhibit M). The survey was perfonned by traversing meandering paranel transects spaced between fifty (50) and eighty. (80) feet apart within all FLUCFCS communities (Exhibit N). No listed species were observed during the protocted species gurvey. However, snowy egret (Egl'etia tltu[a)~ little blue heron (Egretta caerulea)"and white ibis (Eudoclmus albus), all listed as Species of Special Concern pel' the FWC, were observed dudng a site visit with County ,staff on September 22, 2005. Non-listed wading bird~ identified during the site visit included anJ:ringa (Anhinga anhinga) and gt'eat blue heron (Al'dea herodias). POl' the FWS letter of technical assistallce included in Exhibit Q, protected species which have the potential to occur ol1site include the Flol'ic1a. black bear (Ur8u8 americmnl8 6 Agenda Item No, 17C March 27, 2007 Page 93 of 128 I . I , 1 .llaridamis), bald eagle (Haliaeett,iS leuoocephq.lt/s), eastern indi~o snalce (D"lmarcholt corals couperJ), wood stork (Mycterla amerlcalla), ~md Florida panther (puma coneolal' coryi). Draft management plans for wading birds, tbe black bear, and the panther are inoluded In the Protected Species Survey (Exhibit M). Management plaus will also be provided for tbe eastern indigo snake and wood stork prior to SDPIPPL. All management planll will be approved by agen,oy staft'to ensure UU:l proposed project does not l'esult in adverse impacts to listed species. The Kaicaaa projoct includes 30.18 acres of preserved native upland alid wetIand vegetation. Preserves will be maintained freo of invaslve-exotic vegotation and placed under conservation easements to ellsure they provide viable habitat in perpet.uity. PreSl:lrve Bl'eas 1 Blld 3 weIndel largo, contiguous areas (11.82 and 14.43 acres, respectively) whioh will remain open to the east and allow for the movement of wildlife. This will also provide the potential for a wildlife conid9t to be included in the design of future developmont to tho east, ' The applicant met with FWS in July of2005 for guidanoe regarding the application of the Panther Habitat AssCBsment Methodology to impact and preS61'VG areas of the site. .As documented by the email correspondonce included in Exhibit Q, FWS has indicated that because Preserves 1 and 3 will remain connected to ~1Ddeveloped lands to the east, these preserves may be considered 'IneutraJ'\ l.~. neither a lOBs nor a gain of pn.1lfuer habitat units (PHU's) after constl'Uotion for the ptU'pose of determining potential 11litigation needs. The applicant V\ril1 continue to coordinate with FWS in order to ensure adequate compensation is provided to offset ,any adverse impacts to the Florida panther as a result ofthe projeot. The surface water management system wilt be designed and oOllShucted to 1.11eet water quality and attenuation l'equlremcllts set fOltll by the South Florida Water Management Disl1ict. The utilization of wet a.nd dry preb'eatll1oot areas in combination with presofV6d wetlands to treat the projecfs surfaoe water will proteot downsb;eam water bodies and potential fisheries by discharging cleaner water than is assooiated with tbe oun-ent oattle and agricultural operations. Hydrologic connections between wet and dry storm water management areas and the preserved wetlands will be designed to maintain a healthy hydl'opedod. This will continue to provide well-estahlished foraging locations over a wide range of seasonal wat~r lev01s. Addi1ional1y~ all surfac~ water management lakes will include littOl'8l plantings, which provide f01'age and cover to sOlall fish, macroillvertebratos, and other forage spooies. The lakes and wetlands will be maintained fi'ee of invasive exotic vegetation providing perpetual habitat for various wading birdsspeoieB, Goal 11 The County shall provide/o/' the prote.ction, preservation, and sensitive re-uss ofhi8torlc re.soul'ces. j 1 . ) 7 Agenda Item No, 17C March 27, 2007 Page 94 of 128 ") The Bureau of Historic Preservation has indicated that 110 historic properties will be affeoted by the project. Please Bee Exhibit S, C011'eSpOndel)Ce from the Bureau of Historic Preservation. SUbS6CttOIl (d) Native Vegetntion Presorvation L Identify the acreage and community type 0/ all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (pLUGFCS). Provide a de.scription of each of the FLUCFCS categories identifled 011sUe by vegetation type (!:.pGciea), vegetation oomposition (oanopy, midstOlY, and groUlldco1ler) and vegetation dominance (dominmzt, common, occasional). A total of twelve, (12) discernable FLUCFCS categories were identified on the projeot sito. Uplands comprise approximately 69.42 Rcres of the site while wetlands comprise approximately 28.26 acres. Additionally, a large canall!,long State Road 2"9, classHied as Other SULfaoe Water, contdbutes approXimately 2.32 acres. A complete desoription of each FLUCFCS category alOllg with its representative apreage can be fbund below: FLUCfCS Qode 211. Imm'oved Pastm'e (10.48 acres) This upland community is loctitod in the north om porli'ou of the site. The canopy and midstory is nearly open, but includes widely scattered slash pine (PimJ8 elliotti~)~ cnbbage palm (Sabal palmeuo), and wax myrtle (Myrica cerifem), Hc:;r.baceous species inolude Bahia grass (Paspalwn notatwn), common ragweed (Ambrosia m.temisilf'Olia), saw palmetto (Serenoa repens), smutgrasg (Sporobolu8 indlcus), black"foot (Pterocaulon vilgat.um), CaooaJ' weed (Urena [obata), and nllmer oak (Quercus elliottii). FLUCFCS Code 212, UniJnpl'oved Pasture (9.74 lIeres) TIle oanopy of this upland community includes scattered 8lash pines. Sub-canopy includes cabbage palms and wax myrtle. Herbaceous COVGf is similar to that of Ute open rangeland with Bahia grass the dominant species. Other herbaceous speoies include saw palmette, paw paw (Asimina retlculata), and smutgrass. FLUCFCS Code 41l~ Pine Flatwoo.ds. (30.44 acres) Upper Canopy in this coverage area includes south Florida slash pine and scattered live oak. Mid-canopy is dominated by saw palrnl'ltto, cubbage p~, nUlty lyonia (Lyollla ferrugimm), and American beautyberry (Calicarpa americana). Herbaceous eover 111cludes saw palmetto, broomsedge (Alldl'opogolt virginicuY), ga11be11)' (llex glabT'a), grapevine (Viti{l rotundifolia), and wild blueberry (Vaccinium myrsinites), I1'LUCFCS Code 427/428. Live Onlc:..Cnbbage Palm (1.59 acres) This u},land area includes live oak. (Quel'c~(s viT'gtn.iana), and cabbage palm i.n the C!\ttopy, MidstOl'}' vegetation includea cnbbnge palm, WllX myrtle; and Brazlliau pepper ,; 8 Agenda Item No. 17C March 27, 2007 Page 95 of 128 .'! (Sahinu8 terebtllthlfoUt/8). Herbaceous vegetation includes Caesars weed, Bahia g1"i18B. and poison ivy (Toxicodendron radical1s). FL UCFCS Code 434. Mixed Hgrdw~d ~onifCl' FOJ'clit (15.92 Ilel'es) This upland area inoludes slash pine, live oak,. red maple (Acer rubrw1t), 21ld cabbage palm in the canopy. Mid story vegetation includes ca~bago palmI Amerioan beautybl!ln'y, alld Bl'azjJial1 pepper. Hel'baceous vegetation includes saw palmetto. American beautyberry, and Caesars weed. FLUCFCS Code 514. Cnnal (Z.3Z nercB) This community inqludes the large canal adja.oent to State Road 29. The canopy in this area is absent. Mid~story vegetation includes Brazilian pepper and soattered oabbage palm. Herbaceous vegetation inoludes arrowhead (Sagitt41'ia landfolia), floating hearts (NympJlOides aquatioa), and maiden,cane (panicmn hemitomon). FLUOFCS Code 617. Mixed Wetland Hardwoods (0.09, nCI'es, Canopy vegetation within this wetland community inoludea laurel oak (Quercus lautlfolia) and red maple. Mid~canopy species iuolude Brazilian pepper. oabbago palm, and groundsel tree (Baoolzal'ls halimffolia). Herbaceous vegetation includes pennywort (liydrocotyle umbellata), Asiatic pennywort (Centella asiatica)> and swamp fern (Bleclmum serrukltum.) along the edges of the canal. FLUCFCS Code 625. El~dl'ie Pine. Flatwood~ (~.72 nCl~es) This transitional wetland community includes slash pine and oa11bage palm in the canopy. Midstory vegetation is predominantly wax myttle. Horbacoous species incllld~ yellow- eyed grass (Xyris spp.), beakrush (Rhynclwspora spp,)~ rosy campholweed (Pluchea rosea), and sand cordgrass (Spartina bake.rt). FLUCFCS Code 641. Fl'esllwntm' Marsh (8.93 nCl:es) Tho canopy fllld sub~oauopy of this wetland community is open. Herbaceous species include pickerelweed (pontederla cordata), arrowhead, penllywort, and cOl'dgrass. FLUCFCS Code 643. WGt Prairie (17.20 B.el'es) The oanopy of this wetland community is nelll'ly open, but inoludes widely scattered sla~h pine, Mid-canopy vegecation inoludes scatt~'ed wax U1yrtle. Herbaceous species inolude blue maidencaue (AlI2phicarpum muhlenberg/anum), beakl1l13b, yellow-eyed grass, and saw grass (Cladlum.famaicense). 9 Agenda Item No. 17C March 27,2007 Page 96 of 128 FLUCFCS Code 740. Di8turb~d Land (1.25 aCl:eS) TWs disturbed upland community is neady open in the oanopy and mid,..ca.nopy strata, HerbaceotUl species include Bahia grass, ragweed, dog fennel, and false buttollweed (Spel'macoce. v$l'ticillata). Ji'LUCFC~ Code 74Ul. Disttu'bed Land, Hydric (0.32 acres) This wetland community does not include canopy vegetation. Mid-story vegetation includes wax myrtle and growldsel tree. Herbaceous species inoludo yollow~eye.d grass, beakl'UBh, and blue maidencane, ii. Explain how the project meet8 01' exceeds the 1zative 11egetatlon preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plall, and Chapters 4 and 10 a/the Land Development Code. Policy 6.1.1 The proposed projeot contains approximately 96.43 acres of vegetative communities that can be considered native. Residential ,and Mixed Use Developments are required to preserve 25% or 24.11 acres of native vegetation ollElite. Per Collier County, only Preserves 1 and 3 will be considered for the purpose of fulfilling the native vegetation preservation requil'emellt. These preselVe8 total 26.25 acres or 27.22% of native vegetation onsite, exceeding the requirement, Chnpter 4.06.04 All vegetation clearing activities will be conducted in accordance with Site DeveLopment Plan (SDP) and Plat approval conditions.' Chapter 10.02.14 All proserve mOM will be shown 011 tbe construotion plans; landscape plan, and plat of the development order. jfi, PI'ovide documentation that the parcel is in compliance with the 25-yeal' /'ezone limitation in Policy 6.1.5 of the Consel11C1tion and Comltal Mrmagemrmt Element oJ the Growth Management Plan. A review of historic aedals indicates that the prop~rl:y was cleared aftor 1975. As such, the 10.48 acres ofFLUCFCS Code 211 (Unimproved P!lStlU'~) in the northeast portion of the site hav~ been added to tbe native vegetation acreage. Native vegetation onsite now totals 96.43 aOl'es. 10 Agenda Item No. 17C March 27. 2007 Page 97 of 128 iv, Have prese'1Je$ OJ' acreage 7'equt,"ements for preservation previously been identified for tire site during previous development order approvals? No previous development o1'der approvals have been received for tlus site. v. For properties with Special Treatment overlays, shaw the ST overlay on the dewtlopment plan an.d provide alt explaT'tatiou as to why these Clreas aI'B being impacted orprese111ed. This pl'oject is not within a Special Treabnent overlay district. Sub!lectlon (l)) Wetlnnds t. Define the number of acres of ColJ(e1' County jut/sdlat/anal wetla/1(!.~ according to FLUCFCS. Inr:lude a description of eaah of the FLUCFCS categories identified onsite by ve.getation type, compositio1t, and dominance. Wetland determinations m'e requtl'ed to be llerified by tlJe SFWMD prior to submission to the Cq~mO'. Approximately 28,26 acres of wetlands have been dl;lUneatcd onBfte. A table showing the aoreage, FLUCFCS code and dt9scription of eaoh wetland habitat can be found below. Se~ Exhibit C. FLUCFCS aud Wetland Delineation Map. The wetland jurisdictional dotOlnltnation hall been v61'1i1ed by SF'\VMD. 11 Agenda Item No. 17C March 27,2007 Page 98 of 128 TABLE 1: Wotlands FLUCFCS De.sc.l'lptiOJl Acren~e Percent of Totnl 617 Mixed Wetland Hardwoods 0.09 0.09% 525 Hydrio Pine Flatwoods 1.72 1.72% 641 Freshwater Marsh 8.93 8.93% 643 wet P l'akie 17.20 17.20% 7401 Disturbed Land, Hydric 0.32 0.32% it. Detel'mine seasonal alld histol'lc high water levels utilizing ltolzen lines 01' athe/' biological indicators. Indicate !tow the pl'oject design Intl!7'Oves!q'/ftcts precf,evelopment hydroperlods, Provide a narrative addressing the. Qnti:dtpated contl'ol alevat/ar1s.to/' t.he Bite. There were no clear lichen lines or other biological indications of higp. water marks on the site. There is an. ex.isting SFWMD permit (#901226-19) for the Farmer Workers ViIlagClllcighborinB ICaicasa to the west. From topographio SUl'vey and on site visit it was detennined that the base flood clovatiOll is at 24 NGVD for the north aud.23 NOVD for the south. The surface wate!' management system has been designed to help maintain regional wetland flow ways and provide water quality and storm attenuation for tho proposed site imprDvements. There will be wetland preserves at the central, nortll, and south ends of the proporty. On"site surface wator management will be accomplished by pipes and Bwales that di.rect stonnwater runoff into the Jakes for treatment and attenuation prior to disoharge. The surface water management system will inolude discharge facilities into the northern alld Central wetlands in order to hydrate the wetlands and maintain regional flow cnaracteristics. The water management system will be isolated from theae wetlands so that only controlled discharges from the slruoturea will be allowed into- tlie wetlands. Theso wetlands drain across the site and eventually into the S.R. 29 canal, which ill turn discharges into the Fakahatchee Strand Preserve. iii. Indicate the p,'op.osed percent of deflnrtd wetlands to be impacted and tlte effects of proposed impacts on the fimctiol1s of these wetla/lds. Provide an ('.xhibit showing the location of wetlands to be impacted and those. to be prc$erved onsite. Describe how impacts to wetla12ds have been minimized. Several alternative site designs were investigated to minimize wetland impacts. The current site pIon concentrates the development iutp the upland areas of the site allowing for the retention of approximately 22.49 aores of high quality wetlands within the project. Approximately 5.78 acres of th.e total 28.26 acres of onsite wetlands are proposed to be impacted. 0.08 aores of the total 2.32 aores of other SUlface waters are also proposed for impacts, for a combined total of 5.86 acres (19.16%) of impacts to wetlands EUld other smface waters on the site. Please see Exhibit K> Proposed Peroent Wetland Il1lpacts. The remaining wetlands and other surface waters will be retall16d and inoOlporated into the 12 Agenda Item No. 17C March 27,2007 Page 99 of 128 site design. The wetlands will be hydrologioally connected to tho surface water management system with oontrol' elevations set to ensuro an appropriate hydt'opeliod. Additionally, all exotio vegetation will be removed from wetland preserves, which will be maintained free of exotics in perpetuity. iv. indicate how the project de9lgn compensate8 for wetland impact8 pursuant to thrJ Poll ales and Objectil1es i11 GMl 6 of the Conservation and Coastal Management Element of the Growth Management Plan. The Uniform Mitigation Assesslllent Method (UMAM) Analysis (See Exhibit L) was performed on the s~lbjeot property to determine the exteltt of wetland impacts and appropriate mitigation fQr t11086 impacts. All wetland impacts and mitigation pl'actices must meet state/federat mitigation criteria and will be reviewed llnd approved by the SFWMJ) and, if necessa.ry. the US Army Corps of Engineers (ACOE) as part of the Enviro1ll11ental Resource Permit (ERr) process. Polley 6.1.1: . For' the County ts Urban Designated At'ea, Estates Designated Area, Conse'1Jatioll Designated Area. and Agricultul'allRw'al Mixed Use Dl8fJ-ic~ RUl'al-IndustJ'ial Drat/'iet and Rural-Settlement Area District as designated on the j;'LUU native vegetation shall be p,'eserved on-site through the application oj the following presel1'af.{o1Z aTfd vegetation retention standards and crttm'la. Residential and Mixed Use Developments at'e required to preserve 25% of .native vegetation ensite, The proposed project contains approximately 96.43 aores ofvegetanve communities that can be considered native; therefore, a minimum of 24.11 aeres must be preserved. Presel'V~s 1 and 3 Pl'ovide a total of 26.25 acres of native vegetation, exceeding tbe requirement. Policy 6.1.4 . Prohibited invasivG exotic ,'egetation shall be remove.djrem all new developments, (1) Applicants f01' development permits shall submit a/1d implet1l(mt plans for invasive exotic plant removal and longMt.el1/1 control, (2) Mattttenance plans shall de8cI-tbe specific techniques to p,'event reMinvastcln by pl'ohtbtted exotic vegetation olthe site in perpetuity.. (3) The County shall maintain (I list of prohibited iuvaslve exotic vegetation in the Land Development Code and update it as neces8m~'. All invasive exotic vegetation will be removed from the projeot site dUri.t1g the development proCI:lS8, As required by thCl SDP/PPL process, Preserve Management Plans will be propared ill order to addross the removal of oxotics from pros~l've ar085. Pl'e.sGl'vo Management Plans will inchlde the removal of all Category I exotics. 13 Agenda Item No. 17C March 27,2007 Page 100 of 128 , , PoUc;y 6.1.7 The County shall require native vegetatio11 to be inC01porated into landscape designs in order to promote the preservation of native plm~t communities an.d to encow'age watel' COl1s€1"vation. The project will utilize native species for landsoapulS in accOl'dance with Cha,pter 10 of the Land Development Code and proseI'Ve na.tivo vegetatioll in place where practicable. All lakes will be designed and planted to provide a minimum of 2.5% of the pond's surface area as littoral shelf, Policy 6.2.1 As required by Floridll Administrative Code 9J5-5.006(1)(b), wetlands identified by the 1994~9j SFWMD land use and land Gover tnvcmtOlY arG mapped 0/'1 the Future Land Use Map settes. These areas shall be verif1.ed by ajurisdictiollalfield deltneation, subject to Pollcy 6.2,2 of this element, at tIle timG of prq;act pel'mtttll1g to determine the exact location of.furisdict.lonal wetl.al1d boundaries. The wetland jurisdiatlonal determination has been verified by SFWMD. Please see Exhibit C, FLUCFCS and Wetland Delineation Map. Policy 6.2.3 CaWel' COUllty shall implement a comprehensive process to emure wetla11ds and the natural Junctions of wetlands are protected and cOl1served. The ]JI'ocess outlined within this polley is primarily based on di,.eatlng concentrated population growth and iTUellsille development away fi'om large connected wetland systems. The proposed project will preserve approximately 79.58% ofwotlands located onsite by directing development to the uplands. Policy 6.2,4 The Cmmty shall I'ely on the .{Ietland jurisdtctioflal detel'miTtations and permit requirements issued by the applicablejurisdiational agency. The Immokale~ Urban Designated Area provides additional protection to higb q~a1ity wetlands assooiated with the Lake Trafford/Camp Knois System, Although the Habitat . f"01' Humanity PUD is not located neal' this llystem, preservation aud ffilUla,gement of approximately 79.58% of onsite wetlands will benefit the overa.ll watershed. The preserved wetlands will also provide enhanced foraging habitat for listed wading birds, which likely utilize the Lake Trafford/Camp Kueis System. hnp~cts to wetlands associated with this developmGnt will be reviewed by SFWMD and, if necessary, ACOE dming the ERr prDoess. PGlicy 6.2.6 Within the Urban Designation and the Rural Fringe Mixed Use District, {required] wetlalld p,.e~mnlation, buffe.r areas, and mltigatioll areas shall be dedicated a.Y conse,'vattOll and cOllutton areas in t.he form of conservation easements al~d shall be 14 Agenda Item No. 17C March 27, 2007 Page 101 of 128 j .' \ identified 01' platted as separate tracts,' and, in the case ola Planned Unit Development (PUD), these aI'eas shall also be depicted on the PUD Master Plan. Preserved wetland areas will be protected tlu'ough COIlservation Easements dedicated to the SFWMD and Collier COUl\ty, and will he clearly delineated on the fula1 plat. Subsection (I) Surface nnd Ground Wntcl'Mnnngement i. Pl'ovlde mt ollel'all des.cl'iption o/the proposed watermanagemel1l system explaining how it WO/'kcf. the basis 0.( design. hi8t07'laal drainage flows, 'ojf-site flows coming tit to the system and how they wlll be incorporated i7f the ~ystem ql' pa8.'{ed m'ound the system. postttve ouifall avat.lability. Wet Sea.<Jon Wate/' Table and Dry Season Wai<:J1' Tab~, and !tow they were determined. and any otherpel'ti1Umt l11fol'mati01t pel.taining to the co1ttl'ol oJa,torm and ground water. The wet aeason water table olevatiol1s for the sito We1'6l estimated using 'site topography in and around the existing wetlands. The estimate wet season water table elevations for the site are 24.0 ft NGVD at tqe north and central portions of the sIte and 23.0 ft NGVD at the southern end .of the site. The dry season water table elevation was estimate using dry BeaBon elevations taken in the S.R. 29 canal, along the southel'11 end of the site. The average eLevation oftha water ill the canal was 18.2 t't NGVD. The sUlface water management system has been designed to help maintain regional wetllU1.d flow ways and provide water quality and storm attenuation for the proposed site improvements, There win be wetland preserves at the central, north. and south ends of the property. Onwsite surface water management will be accomplished by pipes and swales tllat direct stonnwater runoff into the lakes for treal;tnent and attenuation prior to discharge, Tho surface water management system will include discharge facilities into the northern and Central wetltmds in order to hydrate the wetlands and nlaintain regional flow ohal'acteristics. The water management sYlltem will be isolated from these wetlands 30 tha,t only cOlltl.'Olled discharges from the sll'uotmeB will be allowed into the wetlands. These wetlands drain I1Cr088 the site and evel'ltunlly into thl) S.R, 29 canal, which in turn discharges into tho Fakabatchee Strand PreS61'Ve. ii. Provide an analysts of potential water quality impacts of the pI'oject by evaluatin,g wat<w quality loading8 expeoted from the p/'ojeat (PONt development conditions coltsider'Lng the proposed land uses and stormwater managenumt control~) compaf'ed with watfl!l' quality IDadings o/the prq;ect area as it exists in its pl'e- deve.lopment conditions. This analJ1si,'l is required/or projects fmpactingfive (5) OJ' more acres of wetlands. The analysis shall be pelfol'med using methodologies app/'oved by Federal a'NdState water quality agencies. A Harvey Harper analysis will be perfonned and submitted to SFWMD fOl' approval during the ERP process. ! . ) 15 Agenda Item No. 17C March 27, 2007 Page 102 of 128 . ifi. ldmtifjl Gny Wellfleld Risk Management Special Treatment Ovel'la)J Zones (WRM"STJ within the p,'oject area and pro1'ide an analysis fo/' /low the p1'Ojeat design avoids the most intensive 1.alld uses wltltilJ tlte most sensitive WRM-STs. The subjc,'lot parcel is llot witl1in allY Wellfield Risk Managenient Special Troatment Overlay Zone. Subsection (g) Listed SpCCf0S i. Provide a plant and animal species sU/11ey to include at a minirmmT-, tinted species know" to inhabit biological communities simUal' to those existing onsite, and conducted in accordance with the guidelines of the Florida Fish and FVUdlife COllSe/1/atiol1 Commission and the U.S. Fish and Wildlife Service. State actual SlllWY times and dates, and provide a map showing the location of 8pecies of special stat.us identified onsae. A Proteoted Species Survey was performed on the sjt~ in aocordance with Florida Fish and Wildlife Consolvation Commission (FWC) and tho US Fish and Wildlife Servioe (FWS) Oll Mm'on 4lh and 711" 2005. A complete Proteoted Species Survey is attaohed as Exhibit M. The Protected SpecIes Survey Map (Exhibit N) depicts Elurvoy transects of the survey, ii. IdentWI all listed species that are known t.o inhabit biological cOmffltmlties similar' to those existing on the site 01' that have been di1'ectly obse'1'ed ol1site. Table 4.1 of the attached Protected Species Survey (Exhibit M) lists potential protected species per eacl1 FLUGFCS code. . iii. Illdicate how the project design minimizes impacts to species o/speotal status. A vadety of wading birds including snowy egret, little blue het'on, etc. were observed utilizing wetlands on site during the September 2005 site visit with Collier County staff. As indicated by PWS (see Exhibit Q), the site may also cOlltam suitable habitat for the black bea'!', bald cagle) eastern indigo snake, wood stork and Flol1dapant:her. Habitat management plaus will be prepared for each of these species utilizing any guidanoe reaeived fl.'om FWS and FWC, and submitted to Collier County environmental staff for approval at time of SDPIPPL. Draft management plans for wading birds, Florida black bear, and Florida panther are hlcluded in the Protected Species Survey (Exhibit M)! Although no signs of Florida panthel'S were observed dtlrlng the protected .species survey, they could potentially llse the site!. The site is located within the partthel' Primary zone, and one panther telemetry point has been l'ecorded onsite. Potential impacts to t110 panther will be coordinated during the Environmental Resource PennitlFederal Dredg~ and Fill Permit process or through a technical assistance reqllest with FWS. The consultant has met with FWS to discuss the nmount of panther babit!\t units (PEU's) the site may bG I .J 16 Agenda Item No. 17C March 27,2007 Page 103 of 128 "1 considered to retain after development for the purpose of oalculating potential mitigation needs. See Exhibit Q, Coo'espondence from the U.S. Fisll & Wildlifo Setwico. The amount of dovolopment on tho site has been reduced to allow lor larger, in.ore contiguous preserves whioh remain oonnected to tUldeveloped lauds to the east, Tilis connection will anow for the oontinued movement of wildlife and provide the possibility for a wildlife oorridor to be inoluded iiJ deaigll of future development to the east. A total of 30,18 acres are proposed to be preserved. Preserves in.olude 22.49 aores of wetlands and 7.69 aores ofuplalldB~ prov.iding a mosaic ofvatuab1e wildlife habitat. Pr.eseJ.'VbS will be maintained free of nuisance and exotio vegetEtuon in perpetuity. Additionally, the cotlsbllcUon of watel' management lakes will enhanoe fOl'aging OPPOLtlutities for wadfug birds through the installation of lake littoral plants, whioh provl.dl) a food sourco and cover for small fish, macroinvortebrates and other prey species. Receding water levels in the lakes will also provide additional feeding areas during the dl'Y season. t11. Provide habitat managel1umt plans for each of the list~d ,species known to ocelli' on tha properfy. For sites with bald eagle nests Clndlol' nest protection, zones, bald eagle management plam are required, coples ofwhk:h shall be inducted as exhibits attached to the pun docuimmts, whcwe applir:able. Draft wildlife m.nnagemt:mt plans for wading birds, the Florida panther, and the Florida black boar aro included in the Protected Species Survey (Exhibit M). Per technioal assistance fronl FWS,. the site may also provide habitat for the wood stork, eElBtern indigo snake, aud bald eagle. Prior to SDP/PPL, management plans for each of t11ese speoies (with the exception of the bald eagle) will be prepared and submitted for approval by Collier County enviromnental staff. Any comment.s made by FWS and/or FWC as a result of cool'dina.tion during the permitting process or a teobnical as.sistauoe request or habitat conservation plan will be inool'Porated into the management plans. v. Whel"O applicable. include correspondence rece.i1'cd fi'om the Florida Fish and .Wtldlife Conservation Commission (FFI1TCC) and tlte u.s. Fish and Wildlife Service (USF'WS), with /'egards to the jJroject. Explain !tow the C01lCer11S of these ag(3ncies have been met. Correspondenoe fron1 the US Fisb & Wildlife Service illdioates that the project may contn.ut habitat suitable for the fonowing fedel'ally listed speoies: the endangered wood stork, the threatened Eastern indigo snake, the threatened bald eagle, and the l'ludang~l'ed Florida panther. The Service also recolID11onds cool'dinatloll with FWC regarding the sta.te"Hsted Floridll. blaok bear. A oopy of said correspDnden:ce has been provided in Exh1bit Q. The following pr<:>vides an explanation of how the project follows the Servfce~s l'ecommenda.tions for each of the speoies mentioned. Blnclt bear A draft Black Bear Management Plan has been p1'6pared and is illCl1,lded in the Protected Species Survey (Exhibit M). Adverse hnpacts to the black bear will be addressed dtU'ing coordination wHh FWC during the SFWMD pennittin..g process, 17 Agenda Item No. 17C March 27, 2007 Page 104 of 128 .1 Bald .Eng:Ie The site will be re~surveyed for bald eagles sbould this be required during coordination with FWS, Eastern Indill.o Snake The Service's Stm1da,.d Protection MeaSllres for tlte Eastem Indigo Snake wilt be included on construotion and clearing plan drawings SUb01itted l;lt SDPIPPL. All Eastl:ll'U Indigo. snake Management Plan will be provided prior to SDPfPPL, Wood Stodt Impacts to 5.86 acres of w.et1ands and other surfa~ waters will be comp"nsated for through the preservation of 22.49 acres of wetlands which will be mahitained free of exotics to provide foraging opportunities for wood storks in perpetuity. A Wood Stork Managemtlnt Plan will be provided prior to SDPfPPL, Florida nanther A draft Florida Panther Mallagement Plan is inoluded. in the Proteoted Species Survey (Exhibit M). Potential impacts to the panther will be coordinated during Ure Enviromnental Resource Permit1Federal Dredge and Fill Peltmit process or through a teclmical assistance request or habitat conservation plan from FWS, The applicant met with FWS in July of 2005 for guidanoo regarding the application of the Panther Habitat Assessment Methodology to impaot an4 preserve areas ofthe site. A11 dooumented by the email correspondence inchlded in Exhibit Q, FWS has i.ndicated that because Preserves 1 and 3 will remain COIDleoted to undeveloped lands to the east> these preserve~ may he considered (fneutrallJ, i.e. neither a loss nor II gain of panther habitf!.t units (PHU's) after construotion for the purpose of determining potential mitigation needs. The applicant will continue to coordinate with FWS to ensure adequate mitigation is provided for impacts to the Florida panther as a result ofthe project. Subsection (ll) Other i. Far multi-slip dockhzgfacllities wUh ten slips 0/' mote, andfor all marinafaailfti~s, show how the project is consistent with the mari11a Siting and other cr'tter/a in the Manatee Proteotion Plan, ii, Include the results of any e/wironmental a,w;eS8ments and/or audits of the property, If applicable, provide a narrative of the cost and measures n.eeded to clean up the .si!C'I. .i No marina facilities are proposed. ii, ltlclrlde the results of all)' environme1ltal aS8essmellts alld/or audit~ of the property. if applicable, provide a lla/'rative oftlze cost and measure8 to clean I!]J the sUe. TDC Consulting Group performed a Phase 1 Environmental Sito Afls~8amellt (project No. 6330-0002, Dated: September 29,2003) for th~ property and found no on-site 01'potentlnl 18 Agenda Item No. 17C March 27,2007 Page 105 of 128 . I . J . ~ off~site recognized etlvironl11ontal cOllditions. The assesS1)le!lt included a search of Florida Department of Environmental Proteotion records for cattle dipping vats, A copy has been provided as Exhibit R. ill, Fo/' },'ltes located in the Big Cypress Area of Q./tioal State COHcem-SpeciatTreatment (ACSC-ST) overlay district, show how the project is consistent "with the developmelft stalldan{s and regulations establ~lhedfol' the ACSCwST. The subject pro.perty is !lot within the Big Cypress Area of Critical State Concem~Specia1 Treatment (ACSC-ST) overlay district, iv. Soil sampling O/' ground water monitoring reports cmd programs shall be required fo/' sUes that occupy old farm fields. old golf courses or for which thel'e is a reasonable. basis .for believlllg that t!te~'e has been previous contamillatiolt on site. The amount of sampling alJd testing shall be determined by tire Environmental Sel'!'Aces stqtf along with the Pollution Control Department and the Flol'ida Department. of Em/;.ronnumtal Protection. . Soil sampling at' ground water monitoring has not been required. v, Provide dacmnentatton ./i'om t.lle Florida Ma,r~ter Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the pI'ojeet area. Locate any known historic or archaeologiaal sites and their relationships to the proposed pl'Ojr3ct design. De.monstrate how the PI'oJeot destgn p7'esel11es the histol'f.a1al'chaeological integrity of the sUr:., The Bureau of Historic Preservation has indicated that no historic properties will be affeoted by the project. Please seCl Exhibit S, Con'espol1dencl'l from the Bureau of Historic Preservation, 19 Agenda Item No. 17C March 27, 2007 Page 106 of 128 Habitat for Humanity of Collier County Protected Species Survey Moffi1-2GOS '. Revised September 2005 ' P1'apm't1([ fO/': Habitat for Humanity of Collier County 11145 Tnminml Tt'nil East Naples, Floridn 34113 Prepared bJ': JOHNSON ENGINEERING, INC. ENGINEERB, SURVeYORS, PLANNeRS AND EOOl.OGlerS 2158 Johnrmn Street Fort Myers, Floridn 33901 20055195 Agenda Item No. 17C March 27, 2007 Page 107 of 128 TABLE OF CONTENTa Page 1.0 mTRODUCTION Ii I...... ........................................L...41 t................,..1'............. ........ 1 2.0 SURVEY WTHODOLOGY .,...."........."."'1........,."... ,........,....... """"",."".',,,., 1 3.0 SITE COND:ITIONS II ,.." ... ....,...... ..... ....... ....,U'... ,.." ..,... ......... ....".,.,.... ..,..., ......,... II 2 4.0 SURVEY RESULTS AND DISCUSSION 4.1 PRBLIIvImARY RESBARCH .......................................................... 6 4.2 ONSITE SUR:VBY .,...I..,~..'.t.I....'."I.I...'..,.......'.'Ii.....U.......,.............. 8 5.0 RBFBR.EN"CES '" ..1...... II "" ... "11' ....... ."... .....................,1'.. ...... .1." ....,....." "..10.1.. r. 12 LIST OF TABLES: TABLE 2~1 PROTBCTED SPECIES SURVEY CONDITIONS ......................... 1 TABLE 4~ 1 POTENTIAL LISTED SPECIES ..................:..........,........................ 9 :zooss 19~ Agenda Item No. 17C March 27, 2007 Page 108 of 128 1.0 INTRODUCTION Johnson Engineering. Inc. Ecologists conducted a Protected ,Species Survey pel' Florida Fish and Wildlife Conservation CommIssion (FWC) and US Fish and Wildlife Service (FWS) guidelines all the Hubitat for Humanity 100 ae. Parcel. The site is located ill Section 12, Towtlsbip 4'1 Smith, Range 29 East, 110rth of State Roa.d 29, and ellSt of Farm Worker Village. Please refer to tile Project Location Map (figure 1) located in Subsc.otlon B of the EIS. The subject properly is bound by single and multi~futl1ily residential neighborhood known as Pann Worker VilIa.ge to t110 west. Sts.te Road 29 and an active orange grove abut the southern side oftbe property, The parcel is bordered to the norrh and east by undeveloped land nnd rangeland. This proteoted speo.ies survey was pelfolmed to determine the extent of lIse by state and federal listed species on the HE1bitat for Humanity site. 2.0 t'URVEY METHODOLOGY Cover and vegetation association types were delineated utilizing 2003 digimlllGriat photography, USDA SCS soil sltrvey mnps for Collier Count)' (USDA 1998), and onsl(e field investigations, The covel' and vegetation assemblages were classified based 011 the nomenclatur(') of the Florida Land Use Cover and Forms Ctassifioatloll System, Levels m and TV (FLUCFCS) (Florida Departmont of Tl'ansportation, 1999), This system, ol'lginally develol'ed by the Florida Department of Transportation (FDOT), allows for n uniform but flex.ible m68.nS of classifying land us~s important f01' detennil1h~g the presence of wetlands and suitable habitat for protected species. Plcljse see the FLUCFCS mnp included Exhibit B of the ETS. The protectod species survey was conducted on Marcl1 41h and 71\ 2005. A site visit was also conducted on September 22, 2005 witb Collier COUltty staff. Ta.ble 2.1 indicates weather conditions during tile surveys and site visit: Table 2~1; Protected Species Survoy aud Site Visit Conditions Date Timl} Bl)l!nu Time Ended Cloud Cover Tcml>erature Wtnd Staff 03/04/05 9:15 A.M 3:45 PM Partly Cloudy Mid 605 to, Low 70s S01,\th O~5 moh 1 03/07/05 10:15 AM 3:30 PM Partly Cloudy Mid 60s to Low 70s South 10-15mph 2 9/22/05 10:00 AM 12:00 PM Cleat Mid 80s East 10-15 moll 2 -1- Agenda Item No. 17C . March 27, 2007 Page 109 of 128 The BlIl'vey was conducted utilizing the lCM~n11der1ng St\'lp Census" methodology. A series of parallel t1'Bl1sects were conducted in the field llpl\oed between fifty (50) and eighty (80) feet apmt In width. Trattsects were designed to achieve a millimum seventy"flve (75) peroent survey coverage. Each Ft,UCFCS habitat was surveyed for signs of protected species. 3.0 f3ITE CONDITIONS The subject. pi'operty includes 12 vegetative communities, eaoh was smveyed fOI' the presence of listed species, The fO"llowlng lists nil FLUCFCS codes detineated on the site with donlinanl vegetation species noted: '. FJ,.,UCFCS C(}tle Zl1. Imnroved Postul!e (10.40.@Cf'iS.J This upland oommunity is located in the northern portion of the site. The canopy and midstor)! Is nearly 0)'611, but includes widely scattered slash pine (pinus elliottii), cabbage palm (Sabat palmetto), and WIlx myrtle (Myrioa cel'ifera). Herbaceous species Include Bahia grass (paspalum notatum), common ragweecl (Ambl'osia arlemisHfolia), saw palmetto (Serenoa repens), slnutgrass (Sporobolus indictls), blackw1'oot (pterocl.\ulol1 virgatum), Caesar weed (Urena 1abats), and l'Ulmer oak (Quercus eUiottii). EliPCFCS Code 212, Vnimprovcd Pasture (9.74 nCI'l\!I} The canopy of this upland O'ol1lmul\ity includes soatl-el'ed slash pines. S11b~cal1opy includes cabbage palms and wax myrtle. Herbaceolls cover is similar to thut of the open rangeland with Bahia grass the domInant species. Other hel'baceoull species Include saw palmetto, paw paw (As/m/no I'etlculata), and smutgl'ass, FLUCFCS Code 411, Pine 'laiwoods\,<~O.44 nCI'o8) UPPC(' Canopy in this coverage area Includes south Florida slash ph1(~ Bnd soattered live oak. MldwCBllOPY is dominated by saw pahnettol cabbage palm. I'usty tyonia (LJ1onia }CI'I'llg1nea)t and American benlltyberry (Calicarpa allier/can a). Herbaceous cover includes saw palmetto, broomsedge (Andl'opogolt virgin/cus), gallberry (llex gfcibl'a), g1'npevine (T'ltis rotundifolia), Ilnd wild bluebeny (Vacctnfum mYl'sinites). M2M Agenda Item No. 17C March 27,2007 Page 110 of 128 FLUCFCS Code 427/428. Live Onk-CnbbnlIe Palm (1.59 atwcs) This upland area Inoludes live oak (Quol'alls vil'gll1iana), and cabbage palm in the oanopy, MidstOl'Y veg~tatiol1 includes cabbage palm, wax myrtle, and Brazilian peppClL' (Sohfnus tel'ebinthifoUiIS). Herbaceous vegetation inoludes Caesars weed, Bahia gmss, and polson ivy (Toxicodend/'ol1l'adicans), FLUCFCS Code 434. Mixed Hardwoud Conifer Forest (15.92 ac;,re~l This upland area includes slash pine, livo oalc, red maple (Acer 1'ubl'um). and oabbage palm in the canopy. Mid story vegetation includes cabbage palm; American beantybelTY, and Brazilian pepper, Herbaceous vegetation includes saw palmetto, American bt:lEiutyberry, and Ca.esars weed. FLUCFCS Code 514. Canal 0..32 acres) Thls community Includes the large annal adjacent to State Road 29. The canopy ill this area is absent. Mid-story vegetation inoludes Brazilian pepper and scattered cabbage palm. Herbaceous vegatlltion Includes arrowhead (Sagittaria lanci/olia), floating hearts (Nympho/des aquatic a), and maidenaam: (.Pan/cum hemttomon). FLUCFCS Code 617.~ Mixed Wetlalld Hnl'~lwoods (0,09 acres) Canopy vegetation within this wetland commultity inc\ildes laurel oak (Quercus laul'(folr'a) and red maplo. Mid-CEU\OPY species include Bl'nzilian pepper, cabbage palm, and groundsel tree (Baccharis halimijolfa). Herbaceous vegetation illcludes pennyw01't (Hydl'ocotyle umbel/ata), ABlatic pcnnywort (C(mtella al;fatfca), and swamp fern (Blechmtlll sel'l'ulatwl1) along the edges Qfth~ callnl. FLUCFCS Code 625, Hydric Pine Flntwoods (1.7211Ct'CS) This transitional wetland community inoludes slnsh pine and cabbage palm in the canopy. Midstot,y vegetation is predominantly wax mYltle. Herbaoeous species Include yellow~eyed grass (.Xj']'is spp.), beakrush (RT1ynchospOl'o spp,), rosy campbOl'\vced (Pluchea T'osea), and sand curd grass (SpW.ri11Q bakel'{), FLUCFCS Code (j~1. Fl'eshwnter Mlll'sll (8.93 acres) The canopy find sub~calloPY of this wetland community is open. Herbaceous species include pickerelweed (Pontederia cord!\.ta), OtTowhead, pcollywort) and cordgrass. FLuq:rCS Code Ci43. Wet Prairie (17.20 ncres) The canopy of this wetland community is nearly open, but includes widely soattered slash pine, Mid~cnnopy vegetation inoludes scattered wax myrtle. Herbaoeous species include bll.16 ~3~ Agenda Item No. 17C March 27,2007 Page 111 of 128 maidencane (Amphicmpu11t muhlel1hel'gfa1fwn), bealcl'ush, yellow-eyed gt.uss.. llnd saw grass (Cladium jamalcense). ;Jl'LugFCS Code 740. Disturbed Lllnd (1.25 aCl:c~) This disturbed upland community is nearly open in the canopy and midwcsl10py strata. Hel'bnceouB species include Bahia grass, ragweed~ dog fennel, and false buttonweed (8pcmllQcoce "Vc11'ticillata), FLUCFCS Code 74Ql. PistUl'bed Land. Hl'dl'ic: (0.32 acres) T[lls wetland community does 110t illclude canopy vegetatlon. Mid-stol'Y vegetation tMtudes wax myrtle and groul1dseltree. Herbaoeous specles illCludc yellow.eyed grass, beakrush, and blue maidencane. . . ,""--- -4- Agenda Item No. 17C March 27, 2007 Page 112 of 128 4.0 SURVEY RESULTS AND DISCUSSION 4.1 PRJ:eLIMJNARY RESEARCH Prior to ol1site investigations, reseEU:'ch into the possible utilization of the Habitat fOl' Humanity site by certain listed species was perfonned. This preliminary research inoluded Wood Stork (Mycteria amer/calla) Elud otheJl' listed wading birdst American Bald Engle (HalJaeetus le.ucocephalus), and Florida Panthor (Felts concolol' carYl) Wood Storl~: Wood storks are listed as endangered by both the D,S, Fish n11d Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWC), The subject pat'cell is located approximately 13 mHes east of the Corksorew Swamp Sanctuary, a known wood stork rookery, This means the Kaicasa parcel is within the 18.6 mile Core Foraging Al'ea o..s designated by FWS. Impacts to wading bird foraging habitat within the Core Foraging Area will likely require mitigation, Any required mitigation activities will be included ill the SDP application package, -5- Agenda Item No. 17C March 27,2007 Page 113 of 128 Amcdcnn Bald Earlie: The Ameticall bald eagle is listed as ~11'eatel1ed by both FWC and FWS. Research into the location of lUlown bald eagle nests ill the viciuity of the Habitat for Hmnwlity project was conducted ttu.ougb tbe. utilization of FWC's hlternet based bald eagle nest locator, A query for nests located withhl. a frve-mile radius of the parcel revea.led two nests. Bald eagle nest number CO 021 is located a.pproximately one (1) mile l1oLth~northeast of the site, while nest number CO 025 is located approximBtely foul' (4) miles south-southeast of project. Due to relatively large distaliCea between th~ nests and th~ project) along with Ol.ln'ent agriuulturnl, resldontia.l, and l'oadway uses in close proximity to the nests, no adverse impacts tG the eagles are expected. Florida Pnnthcl.; The Florida. panther is listed ElS endang~red by both FWC and FWS. The Habitat for Humanity projeot is located within Primary Zone babitat as denoted by the Florida Panther MERIT Group. FWS will likely require fOlmal consultation undel' Section 7 of the Endangered Species Act of 1973, as amended. Consultation win require an extensive investigation into the Florida panUler's potential utilization of 1he. site. Tills analysis will likely inGlude a breakdown of habitat impacts, telemetry data. panther prey analysis, E\nal~ysis of adjacent and ltearby lands, traffic analysis, and other information neooase.ry for the prepal'ation of a FWS Biological Opinion. Mitigation fOI' impaots to panthers will be negotiated during the FWS formal consultation. Mitigation efforts will most likely be through the purchase of credits tlU'ough an accepted offsite panther 1l1itigatiOll bm1k. M6.. Agenda Item No. 17C March 27,2007 Page 114 of 128 4.2 ONSITE SURVEY Prior to conducting ousite investigations, a comprehensive list of potential pi'otected species was assembled. This list includes each habitat type observed onsite and all potential listed species known to occupy similar habital:.9. Table 4-1 lists potential protected specles by FLUCFCS Code. The on site species survey was conducted by tl'Elvel'sing parallel tl'8nsects througb each habitat type while observing the terrain for signs of listed species. Transects were spaced to a minimum of 75% visual coverage of each community. Upland habitats were observed for signs of gopher tOl'tolse, indigo snakes, fox squirrels. bear, panther and other species indicative of such communities. No signs of listed speoies were observed in the " upland areas. Wetlands on the Kaicasa site were observed primarily for the presence of listed wading bird species. Owing fi September 2211d field investigation. s~veral species of listed wading bi1'ds wel'e observed utilizing the onsite wetlands. Table 4-1 delineates listed species' observed during the survey, ~7- Agenda Item No. 17C March 27,2007 Page 115of128 Table 4~1: Potential Listed Species FLUCFCS 211 Eastern Indi. 0 Snake Bald Eagle FlQrida P auther Florida Black Bear Observed N N N N N N N N ~8~ 'fable 4-1: Poteutial Listed Species; Continued FLUCFCS Common Name Observed (YIN) 51Z American Alligator fSI1Sis N Lim kin N Reddish E et N Snowy Egret N Little Blue Heron N Trioolored He1'on N W1rlte Ibi.'! N Florida Sandhill Crane N WllOO ill Crane N Wood Stork N Ros6!lte S oonbill N 617 Lim kin N Reddish Egret N Sil0WY Egret N Little Blu.e Heron N Tricolored Hero11 N \^lhite Ibis N Florida Sandhill Crane ratel1sis N Whoo in Crane N Wood Stork N Roseate S oonblll N Lim kin N Reddish E )1'ct N Snowy Egret N Little Blue Heron N Tricolored HerOll N White Ibis N Florida S alldhill Crane mrensis N Whooping Crane N Wood Stork N Roseat.e S oonbill N .9~ Agenda Item No. 17C March 27, 2007 Page 116 of 128 Agenda Item No. 17C March 27, 2007 Page 117 of 128 Table 4-1: Potonttnl Listed Species; Continuc<) FLUCFCS 641 643 , i , .i Common Nllme Lim kin Reddish E 'et Snowy Egret Little Blue H~ron Tl'icolm'ed Heron WhJte This Flol'ida Sandhill Crane Wl100 Jin Crane Wood Stork Roseate S ooubfU Scientific Namo AI'Qmus G1'auna E "ot/a 7'U GSCel1S E retia tltula E l'etta cael'ulaa E "etta Mealor ElIdoaimus albus Gruff canadensis 'll'atensis. GrUB amotlaanCl cterfa amrJ;!'fcana a lafa ObS61'Ved. YIN) N N y y N Y N N N N Limkin Reddish E r.et Sno E et Little Blue Heron Tricolored Heron WlUt.6 Ibis Florida Sandhill Crane Whoa in Crane Wood Stork Roseate S ,oonbiU N N y Y N y N N N N Rana Ca lio N Dl Jmal'ChOl1 corals. coupel'i N GophGJ'us Polyphemus N Gl'US canadensis ratemda N GruB am<l1'icCJna l>T Alftene cunicularJa N Felis ao.l~ooiOJ\ coryl N UI'$US amel'loanus.floridanus N w 10- Table 4-1: IJotentinl Listed Species; Continued Agenda Item No. 17C March 27, 2007 Page 118 of 128 Lim kin Reddish E et Snowy Egl'et Little Blue Hel'Oll Tricolored Heron White Ibis Florida Sandhill Crane Whoa lng Crane Wood Stork Roseate S oonbill Aramtl~ lal'Cmna E 'a/fa rtifesoens E 'etta thula E 'ett-a C(1Cl/'u[ea E l'etta tricolor Eudaaimt/s a/bus GrU8 canadensis l'atensis G,.us r:lmel'fcal1a M .ctel'ia amerlcana -11- .N N N N' N N N N N N Agenda Item No. 17C March 27, 2007 Page 119 of 128 5.0 WILD~IFE MANAGEMENT PLANS Although 110 signs of federal 01' state listed species were observed on the Kaicas!\ property dul"ing the Protected Species Survey, the site does oontab1 suitable fOl'agulg habitat for use by several protected species, Developl11ent of the site is not expected to adversely affect listed species, but potential impacts may requh'e speoific wildlife management plans. WndlnJ! Bil'd~ FLUCFCS Codes 512 (Canal), 617 (Mixed Wetland Hardwoods). 625 (Hydric Pine Flatwoods), 641 (Freshwater Marsh) aud 643 ~Wet Prairie) all provide suitable foraging habitat for wading bh'ds on the Kaicasa projeot site. Little blue herons, snowy egrets, and white ibis ha.ve been observed foraging ill wetlands dudllg onaite investigations, III addi.tiol1, Kaicasa is located approximately 13 :miles southeast of the Corkscrew Swamp Sanctuary, a known wood stode rookery, The lack of forested wetland communities onsite limit potential utilization of Kaioasa. by wading birds for roosting, but its proximity to the Corkscrew Swamp Sanct-um'Y means the site Is within the core foraging area for wood storks, Continued maintenance of the hydrology and vegetation within retained wetlands in combhmtion Witll proposed water management features will provide enhanced forage opportunities for wood storks and other wading birds tlu'oughout the year. Of 28.26 acres of wetlands ol1sitet 22.49 acres are proposed to be presewed. Preserve areas will also include upland connections between wetlands, Hydra..ulic OOID10Cti011S between wet and dry stoml water mana.gement areas and the preserved wetlands will be designed to maintain a healthy hydtoperiod. This will continue to provide well-established foraging locations ovet. a wide range of lleaSQ11al water levels. Additionally, all surface water management lakes will include littoral plantings, which provide forage find cover to small fisht macl'oinvertebrates, and other fora.ge species. The lakes and wetlands will be maintained free of invasive exotic vegetation providiug perpet"J.1al habitat fOl'va1'ious w!o\ding bird species. N12.. I j Agenda Item No. 17C March 27, 2007 Page 120 of 128 Eastern Indif!o Snake TIle standard protection measures for the eastem indigo snake will be implemented during nil clearing and construction phases of the project. Educational materials will be provided for all construction crews to follow. Educational matedals will include pamphlets and a 24-inoh by 36-U1Ch postel' that shall be conspicuously hung at the COl1stJ.'Uction entTallCe for the projeot. The pam.phlets and poster will include the following information: a, A description of the eastern Indigo sualce, its h~bitS, and protection under Federal Law; Instructions not to haml, injurel harnss or kill dull species; Directlolls to notify the qualified biologist or designated leader if a snake IS sighted; Directions to cease construction activity, notify the qualified biologist, and allow the snake sufficiellt time to move away from the site on its own before resuming construction; Telephone numbers of pertinent agencies to be contacted if a dead e.l\stern illdig{J snake is enColUltel'ed, b. c. d. e. -13~ Agenda Item No. 17C March 27, 2007 Page 121 of 128 Florida Black BellI' Although no signs of Florida black bear were observed during any of the surveys or site visits on the property, potential black bear encounters are possible. Kaicasa is bound to the north and east by large agl'hmlt'\lra.l and illldeveloped areas. Theses areas, and lands adjacent to Ulcm, are within the range of reported bear sightings. The following llleastU'es will he takell in Ol'der to protect the black bear: 1. Informational wildlife alert signs will be posted and maintained by the developer !lnd/or Home Owners Association in perpetuity. This signage will infOn1\ residents fiud guests of tbe potential for bear encounters. . . 2. The developer andlor l-lome Owners Associatiol1 shall be responsible for insuring that all residel1ces shall be provided with wildlife proof garbage can enolosures. Garbage cans aro to be stored withh1 a secured structure until the morning before garbage collection. 3. The develollel' and/or Home O",rners A~sociation will be reapollsible to insure that aU residents shall keel' all pets indoors or within a fenced yard. tulless it is on a leash lmdel' the control of the owner, Dogs, cats and other domestic animals Wil1110t be permitted to l'ange freely within the development or any of the preserves. 4. Should a beat' be encountered withhl the development, it should be left undisturbed so that it can oontinue to its destinatio11. However, if n bear continues to remain in the development for several hoUl's, the F10rida Game and Fresh Water Fish Commisskm wiU be contacted so that they can provide appropriate action to assist the bear out of the development. Under no condition is th.e bear to be disturbed. hann~d, molested or fed. 5, Bear relocation will only be used as a last resort if the oem: continues to retl.11'l1 and b~conH' a m~isance or threat to the residents. All boar encollnters are not oonsidered a ft14~ Agenda Item No. 17C March 27, 2007 Page 122 of 128 nuisance or a threat, unless they remain in the area for long periods or time, and continue to return over several days. The Florida Game and Fresh Water Fish Commission is responsible for detem1ining the status of the bear and what action is necessary. Florida Panther Mitigation for impacts to Panther Habitat will likely require the offsite purchase of credits from a certified Panther Mitigation Bank. or the purchase of suitable panther habitat. The quantity and type of panther mitigation will be negotiated with the US Fish and Wildlife Service tllrough consultation under Section 7 of the Endangered Species Act of 1973, as amended, -15- Agenda Item No. 17C March 27,2007 Page 123 of 128 6.0 REFERENCES Florida Department of Transportation, State Topographic Btu-eau, Thermatio Mappulg SecHon, 1999. Florida Land Use, Covet' and Forms Classifioation System. Procedure No. S50~ 010-001-a. Florida Fisll and Wildlife Conservation COlnmission Eagle Nest Locator U.S.D.A. SoH COl1servation Servioe, 1984. Soil Survey ofeoUier County. 21 B pp, Florida Fisl) and Wildlife COl1Selvatioll Commission, 2004; Florida's Endangered Species, Threatened Species lmd Species of Speoial Concem U.S. Fish and Wildlife Service; Endangered and Threatened ~pecies of the Southeaste1'11 United States . U.S. Fish and Wildlife Service, 1999; Florida Panther Consultation Area Mt~p -16- Agenda Item No. 17C March 27, 2007 Page 124 of 128 '.1 ... ---.....-....... ~ "'I "I ! I I ] I I J anuDl)' 5, 2006 Bmailed to: < SusanMBson@coUiergov.net> Susan Mason Senior Environmental Speoialist Collier County Enviromnental Servjces Depa:rlmont 2800 Horseshoe Drive Naples.. Florida 341 04 Service Log.No.~ 4~luOSMPL~12812 Dnte Received: July 18, 2005 Project: Kaicasa PUD Ers County: Collier Dear Ms, Mason: Thank you fur your letter dated July 14,2005, in which you requested the Fish .and Wildlife Service..s (Servioe) review anel te.ohnical assistanoo on the Knicnsn POD Enviranmerltal Impact Statement (E1S). This letter provides the Servicel:o:s comments on the above referenced project. . PROJECT DESCRIPTION The Collier County Environmental Services Department is considering an application to rezone an aref! from agrieultlU'D.l to reBid~ntial planned uni.t dev.61opmeut. The proposed project will consist of 400 residential units with cOl1Ul'lunity amenities and preserves on II 1 OO.~acre sile, The project sHe Is located on the ell,E1t.side otS.R. 29.immedtately soutb and enat ofF~ Worker Village in Secti.on 12, Township 47 South, Range 29 East', Collier County, Florida. THREATENEDANDENnANGEREDSPEcms The Service has reviewed our GeQ,graphic Infol1l1ation System ((jIS) database for rJ3corded locations offederaUy nsted thrcn.tened and endangcre~ spe~ies Or;t or adjacent tt? t.be prQPpscd projects~tc. The GIS database if! a compilation ofdntB receIved from several sources. The. Service JiM not conducted El site inspectloll to verity speo1es occurrence or vaHdate the GIS reBults. There is no designa.ted critical habitat on the proj'=o1 sileo The Collier County EnvitQJUnents.l Services D~p!ll.iment has reqW~$ted that the Service review the BIS nnd address the appropriateness of the listed species surveys performed by the applicant, and providelec.hnioal assistance regarding the Florida panther (Pm/to cOll00101' eOl)11 ). and black bear (Ul'BUS ameriCa/IUS). Since the black bear Is nol a federally-listed Sl?eci~ll, the Service reoommends Agenda Item No. 17C March 27, 2007 Page 125 of 128 I ! '.'.j , I I Susan Mason Pa~e 2 the County also contact the Florida Fish a.nd WiJdHfb Conservation C-ommilision (FWC) for ~pet:ific questions regarding projeot affects to BUtte-listed speoies, sijch as the black bear, The SOrYioe assumes that listed species occur in suitable ecological c~l1umunitiea and reconunend site surveys to detennine th~ presence or abscnoe orUsted speoiea. Pol' hiShly mobilc; diffici11t to det~ct, or secredve speciell, fluB ServIce may assume their'presence even ifaurveys do not ccnllnn their use ofthe site. The Barvico has dctennined that the Kaipasa PUP projeol.ln.a)'coptain habitat suftable for tbe endangered wooe! stork (M)lcterl"a american. a), the. threatened ~asletrJ indigo snake (D"YIllQ/'oltcm c07-a;a coltpel'l), thel threatened bald eagle (!faliaef3fi(s frsucoaephdJIlS), IU1d th(!l endangered Florida plU1t}ter. The ElPpliCBllt's oonsultnnt perfom1ed listed Bp.Cl~ies surveys.ort March 4 a.nd March 7, 2QOS. Np siW!l oflisled ~pecies were obs~rved during.tbe.two Sl:!Wey p~riods. A bfJ.td e~s)e pest is Jtnown to be located apprQ:xirt\lltely 1 mill' north of the project site. liS nated tV. the consultant, but the March 2005 survey did .not reveal any signs of eagles nesflng:oll the project sileo Bald eagles build large, conspicuous nests and mas~ eagles s.f.Il em oe$t trees tha~:nre tn(g"r and laHar thm .sUlToundiJ\S t",ell, when suitable nabitat is present and no nest is reported in th~ FWC database, a eingie pedestrian survey at any time during the Yi:lal' If! adequate to detennine if a bald .0l\gle nests1t'1 the ptoject arell. TIle Servioe~ thc:ll'cfore, would aooept the GonaultElut's survey as ev..idel)o(l that eagleaare not nestin~ withIn the proJeol area, .However. eagles often build alteLnate nests near existing nests. Thus, depending G11 tbe length of thB pIannfng' proCXllls, tbe Service inay reque.st another) more u.pdatlld sUn'ey if we enter into con!!u1tation with the Corps.ofSnginci3rs (Corpa), The other three species ()f ooncern) the wood stork. the eastern indigo smikes md the Florida pllnthert are rarely detected with BUn'e;Y8 such aa lhoBop-erfonn~d by th!' llPpHoant's consultant. We currently do not have a reliable method to survey ror indigo snakes. .Because i~digo snakes U1368 variety of habitat types and they have large borne ranges, it is likely that indigo snakes O!}cur wiUlin the proJ~t area, The potential exists for disturbance or harm to Individual indigp snakes and the: Servioe reconunends that the appiiclUlt inoorpOl:ate t1161 Ser:vloe"s 8tal.dal'd Protection Measll"~ fo/' the Ea$Le"1f ItldigD Snake (Service 2002) into their project plattS for any ct:>ustruction or land oleaclpg activities. Wood storks llFe.highly mobile anlnlals that utilize a wide range of wetland habitats. A wetbind saltable for wood stork fo.raging needs to inclUde. a tno~al!;l Ohm!)r~Bnt a,ncI ahallow QP.~n water areas. The emergent component provide nursery habitat for S~BIl fish, frogs. and aQuBUo insects and the shallow, open-wliter areas provide sites for concentration ofthe proy puring eenaonal dry- down oftb.!ll w~Uand. The Service R!>(Sumea that the wethmds ~m the project site prov.ide foraging opporttmities fur wood storks. Assuchs the SerVioe. recommends that an evaluation of (he for-aging va.lue and WOod stork utilizaUon polentittl of eJ(istlng wetlands line! other .a.urtnoe water's, and Il1t analysis of foraging prey base }asses be perfonnr:a 8S parl ofthe propolled p.roJ~ot. The Servica als0 r~ommendB that compensntioJ1 fur any loel or impaeted wood stork foraging habit!!t be included in the project ptopo~a1. The Servic.e notes tbnt the oQlllpen.8~titJn w.ells11ds shou.ld provide habitat for f()rag~ fishes, as ~ell as., shallow open water ar~as that concentrnt.6 prey during periods of dry-down. Littoral shelves around lakes, though valuable as Mblte.t for small fish, aquatic .j 'I . 1 1 I I I I I I l 1 I I I Agenda Item No. 17C March 27, 2007 Page 126 of 128 . '-1 ....1 i I SUSEU1 Mason Page 3. . I I inseots, and frogsl typiOfllly do not provide tbe'featutea necessary to. concentrate prey. ~owevet. they oan provide valuabll) habitat to wading birdB such as herons and egrela that forage by sigllt. '] .1 .1 The Florida panther also is rarely detected with surveys. However, the proj eot site is within ~e CUl1'ont range of the Florida panther and appears to oontain habitat suitable for use by th~ panther. Potential affeots to the pllI1ther are addressed below. Florida panther .1 I ] .1 1 I I I I ] Our reoords indicate at least three individual Flotida panthers have been dooumollted on or immediately adjac.ent to the project sit<:j. Two ()f thepanther.s I\te deceased, but on", 1?~ntbert Fl' 65, is known to be alive, There also are numerous radio~1#lemetry locations rec.orded for panthers with.i,ij 5 miles oftbe site. These te.lemeitrylooations typloally.repreeent dtl-ytiineresting sites and are not a oomprehensive set of looution:;; for habitat use. Puet.B ar.o1.il.ld these t.e-Jemob'y p01ntsal:'e panther habitat providing' tmlotional value to panthers (Qonrlakey et at 2002). Telemetry locations only apply to panthers that historically had oollars on thems they aro not a Gomprehensive database of'suitable habitat for panthers. Furthennore, telemetry data: nr6 primarily available only where effort n1"ls beet} spent capturiugp'anthel's. Aa an exampl~, effort over the paSt ~ y~-ars has focused prhnBJ.'l1y in the Oka.loacoochee 810ug11 arel.\; thereforel there wi11 be relatively little telemetry information fqr other areas durlIXgthosf.\ years. The stat1]S and activity ofuncollared panthers is not known. . ] . I The SerVice notes that the BIB in.correctly states that he project site is locat~ outside panther priority habitats. In faot, the project is located within the Flondllpantherprlmary zone as defineQ iri .the report titled How Much Is Enough? Landscape~scale Crmaervation for the Florida Pct1lther Q(,atitz et al. hi Reviow). It is als.o locatod within Florida panther [j'onsultatiol1 area identified in the Service's Final Interim $tamlar'd Local Ops/'ating PI'oce.r!fI,.esfo~' Endangered Specie3 for the Florida Pantller (Servioe 2000), as cortectly oated in the EIS, In its current design, the Service bolie:ves that the projeqt will result in a losa of primary zone panth.er habitat and we will likely enter int{;l formal oOll8uttation with the Corps if a public notioe i~ issued for ~e propcs6d wQtland in;.paots. Tt> e;valuate: projeot effects to th~ Florida pantheI:~ 111" Servioe considers the contributions the project lands provide tqth6 Florida panth~. .recognizing not .all habitats provide the same funotional value. The locatirm of a. projeot: in the landscape of the ~ore area of-the Florida panther is also important, LandS in the ptmthei" primary and. tiispersal :tones are of the mqat importance in a landsoape contex.t to the FlorLda P.atJ.th~l" with lands. In the seoondat.y zone' ofless importance, and lands in the other zone oflawer importance. These zones affeot the level of compensation the Servioe belie\res is necessary to tniIl:hnize n project's effects to Florldll.panther habitat. The Service has develaped a spreadsheetwbased habitat asse/:1sme.nt method (penth~r Habitat Assessment MethQdology)~ which b!U1 be used to determine the functional value Gfllie project lands and compensa.tion l!W.ds to the panther. The Servioe recorninendsthe us~ aftbis . I ro'l ,.\ '1 '\ . 1 1 I I . 1 1 1 I I I I .J . .\ Agenda Item No, 17C March 27, 2007 Page 127 of 128 Susan Mason Page. 4 methodology to evalua.te habitats at the project site and to determine reoommended .compensation to offset impaots to the panther, We encourage the appli'oant to OQ'lj.sult with th~ Service throughout this prooess. Thank you for the opportunity to oomment. If you have question~. please contaot me via email at Mary]eterBGn@f\lvs,gov or phone at 772.562.3909~ extension 327. Sino.erely youtS, Mary Peterson , Fi&h and Wild1Jfe Biologist Sou:th Florida Eoo1CJgiQal S.ervioes Offioe LITERATURE CITED .' Comiskey, E,J., a.L. Bass, Jr.. L.J. 'Gross, R.T. McBride, and R. Salinas. 2002, Panthers and forests in .!lOuth Florida: an eoologioal perspective, C~nBerv~ion Boology 6(1)118. [online) 1.1RL: http://www..oonseool.orglvo16/islt l/art18. U.S. Fish and Wildlif~ Servioe (Servioe). 2.000. Final Interim Standard Leo~l Operating Prot:edures for Endangered Species for the Florida Panther., Fish and Wild1ife Servic(\ South Blanda Ecological Servioes Officej Vero Beach, Florida. U.S Fish and Wildlife Servipe (Service), 2002. Standard P.rotection Measur.es for the Bnsten1 'fndigo Snake. Fish and Wild1if~ Service, South Florida EcoloIDeal Services Office; Vero Beaoh. FI011d.a. Agenda !tem No. 17C March 27, 2007 Page 128 of 128 (#i11!r)"'~ ,. .~,ji. '. '/:~"'~ .~ '/;:',,1\:\ T-1i:2~ .'<l..(~ ",f',' y~ " :~ ':'" I'-~.-r.:l_ . '.-.' '-."11.";:-- . >.~~;~ - .'~' = ~;!. FLORIDA DBPARTMENTOF STATE Glenda E. Hood Secretary of Stale DMSION OF HISTORICAL RESOURCElS Mr. A. Gnry Nyohyk Johnson Engineering, Ino, 2158 Johnson Slreet Port Myers, Plorida 33901 JunC) 6, 2005 RE: DHR Project File Number: 2005-5324 Received by DHR June I 2005 Habitat for Humnnity - KnioQsa RPt1D Along Stllte Road 29 Folio No. 0013752IQ09 and 00137241004 Collier Counly .., Dear Mr. Nyohyk: In aocordance w'lth the procedures contained in the appllonble local ordinance or land develQpment code, We reviewed the referenced project for possible itnpllct to oultural resouroes (any prehistor1c or historic distriot, site, building, stnlcture, or object) listed, or eligible for listing, In the National Register of If/;s,toric Places, or other:wiSIl ofhislorical, archaeologioal, or arcbilect\ITal value. We have reviewed the Florida Master Site File nnd our records aod no cultural resources are known to exist in the aren ofpotontial effeot. Tberefore, based on the infonnation provided, It is the opinion afthe office that no cultural resources will be affected by this undertaking. However, In the event that fortuitous finds or unexpected discoveries, such as prehistorio or historic artifnots, including pottery or ceramics, stone tools or metal implemonts. or dther physloal remain!> that could be lls!loctated with Native American cultures, or early colonilltor Amerioan settlement are encountered at nny time wilhin the project site area, the project should cease all actlvititla involving subsurfaoe disturbance In the immedla.te vicinity of such disooveries. The pelil1ittee, or other designee, should conlnet the approprinte Call1er County pennltling offlce. 1n the event that unmHrkerl human remains are encountered during pClmitted activities, all work shall stop immediately and the proper nuthorities notified in accordance with Section 872.05, Flol'ida Statutes. If you have nny questions concerning our comments. ptense oontaot Scott Edwards, Historic Preservationist, by electronic mail sedwardt@dos.slataJf,!ls, or at 850.245.6333 or 800-847-7278, Slncerely, ~.- tl.. M~,.~ ~1 SII-PO '-IA. Frederick P. Gaske, Director, and () - Stale Historic Preservation Offioer 500 s. IkllMlIgb Street . 'l'llllnhnsllce, FL 32399-0250 . htip:/lwww.f1hcrltoge.com I:J Dlr~clllr/9 OHlce 0 Ar~hpeoI081c41 n1l8ear~h W HlSllHlc I'rl!licrval1on I:J HIslorlcal MllGeUm[ (Il!:lO) 245.6300 · PAX; 24$.(i~36 (SliD) 245.64.401 . FAXi 245>6436 (850) 245.6333 . ]'lAX; 245.6437 (aso) 7.4/).6400 . PAX: 2~S.6433 09oUlhca~t ReSiollP 1 Difle'! 0 Northeast R~stonal otllc~ 0 Cenl1:&1 Plorldn \{llslonpl Office (954) dCi7.499\} . PAX:.467.4Wl (904) 025.ti04!i . PAX: ll25,,~044 (813) Zn-3843 · FAX~ ~n-i2340