Backup Documents 11/09/2021 Item #16A16 16A16
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at
the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Att rney Office no later than
Monday preceding the Board meeting. o**NEW** ROUTING SLIPpecarli." I0Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the documalready complete with the exception
of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Countorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney OfficeV'" ? )1 b71;
4. BCC Office Board of County �-�- _I
Commissioners k(�� f l/J
5. Minutes and Records Clerk of Court's Office
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PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Matt McLean: CPP, IF&PM-GMD Phone Number 239-252-8279
Contact/ Department
Agenda Date Item was 11/09/2021 Agenda Item Number 16.A.16
Approved by the BCC
Type of Document Amendment to approve an Interlocal Agreement Number of Original 2
Attached with the City of Naples for a joint stormwater Documents Attached
and water utility project for Brookside.
PO number or account 103-172929-634999 PO 4500209629
number if document is Please provide 1 Original back after
to be recorded signing.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? MM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be MM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip MM
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 11/09/21 and all changes made during MM
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the MM
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A16
MEMORANDUM
Date: November 18, 2021
To: Matt McLean, Division Director
Collier County Capital Projects/Impact Fees/Prog. Mgmt.
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement
Brookside: Harbor Lane/Holiday Lane/Harbor Place
Joint Stormwater & Utility Improvement Project
Enclosed please find one (1) original document referenced above (Agenda
Item #16A16), approved by the Board of County Commissioners on
Tuesday, November 9, 2021.
The Minutes & Records Department has retained an original as part of the
Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosures
INSTR 6162783 OR 6045 PG 811 i 6 A 16
RECORDED 11/22/2021 9:18AM PAGES 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$78 00
INTERLOCAL AGREEMENT
PROJECT: Brookside: Harbor Lane/Holiday Lane/Harbor Place-Joint Stormwater and
Utility Improvement Project
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THIS INTERLOCAL AGREEMENT, made and entered into this _ day of , 2021, by
and between Collier County a political subdivision of the State of Florida, (the"COUNTY")and the City
of Naples, Florida,a Florida municipal corporation(the"CITY")(collectively,the"Parties").
WITNESSETH
WHEREAS,the COUNTY has identified a need to undertake the design and construction of roadside
stormwater improvements on Holiday Lane, Harbor Lane and Harbor Place situated within the Brookside
community(hereinafter referred to as the "Area"), to address aging infrastructure serving the stormwater
system; and
WHEREAS, the various streets within the Area identified as needing roadside stormwater
improvements(the"stormwater improvements')are within the boundaries of the COUNTY; and
WHEREAS,the CITY owns certain potable water systems(the"Utility")within,adjacent to,and in
the vicinity of the road easements and/or rights-of-way of the streets identified as needing stormwater
improvements; and
WHEREAS, in accordance with the COUNTY'S Procurement Ordinance and purchasing policies,
it has secured a design engineering firm to perform the design for the improvements; and
WHEREAS, the COUNTY and CITY have determined and mutually agree that it is economically
advantageous and in the best interest of the public to enter into this Agreement to undertake a joint project
(the"Project")to construct roadside stormwater improvements and public water collection system facilities;
and
WHEREAS, the COUNTY and CITY both agree that the COUNTY will manage the Project's
design,permitting and construction phases; and
WHEREAS, the COUNTY and CITY both agree that the COUNTY is responsible for funding the
stormwater improvement cost portions of the Project, and the CITY is responsible for funding the Utility
cost portions of the Project.
NOW,THEREFORE,in consideration of the above premises,and the mutual covenants,terms,and
provisions contained herein,the COUNTY and CITY agree as follows.
SECTION I: COUNTY'S RESPONSIBILITIES
1.0 The COUNTY will serve as project manager for the design, permitting and construction phases of
the PROJECT. The COUNTY's assigned staff project manager shall be under the supervision of the
COUNTY's contract manager as identified in Section 3.4 below.
1.1 The COUNTY shall maintain open communication with the C1TY's assigned project manager and
provide periodic progress reports and documentation about the PROJECT as requested by the CITY.
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1.2 The COUNTY shall procure comprehensive Utility-related design, construction, and construction
administrative services for the CITY'S Utility portions of the PROJECT,which work shall be jointly
and concurrently procured along with the COUNTY's design, construction, and construction
administrative services for its stormwater improvements portions of the PROJECT.
1.3 The following specific services,duties and responsibilities will be the obligation of the COUNTY
regarding the design coordination,construction,and contract administration of the Utility work on
behalf of the CITY.
A. The COUNTY's and CITY's assigned project managers shall maintain open communication
with each other and provide periodic progress reports and documentation about the PROJECT
as requested by the COUNTY and CITY. Throughout the design,permitting and construction
phases of the PROJECT, both project managers shall mutually schedule periodic progress
meetings as deemed necessary.
B. During the design portion of the PROJECT the COUNTY is responsible for providing
requested information to the engineering consultant and timely reviews of draft plan sets. The
COUNTY's review will focus on the design of the stormwater improvements and roadway
portions of the PROJECT,with only cursory review(primarily dealing with conflicts)provided
for the Utility portions of the PROJECT. The COUNTY will rely upon the CITY to provide
the COUNTY with timely detailed reviews and comments for the Utility portions of the
PROJECT.
C. The COUNTY will be responsible for conducting the public bid and award of the construction
contract,culminating with the CITY and COUNTY entering into a three-party agreement with
the selected construction contractor. The contractor selected shall be based upon the overall
lowest (for both the aggregate stormwater improvements and utility work), responsive and
responsible bid received. Before such an agreement is presented for approval to either the
COUNTY Commission or the CITY Council, either Party may decide whether it wishes to
proceed with the PROJECT. If a Party decides not to proceed,that Party shall notify the other
Party that it no longer wishes to proceed with the PROJECT,in which case the objecting Party
will only be responsible for its portion of costs incurred through the date of notification.
D. Funding for the construction of the stormwater improvements and roadway portions of the
designed and permitted PROJECT will be provided by the COUNTY. The COUNTY is only
responsible for paying the contractor selected for the PROJECT for that portion of the work
pertaining to its stormwater improvements(as well as shared PROJECT expenses as specified
below).
E. The COUNTY is responsible to acquire all land rights (road rights-of-way and drainage
easements) needed to successfully construct the stormwater improvements and roadway
portions of the PROJECT. These land rights shall be obtained prior to issuance of a Notice to
Proceed letter to the construction contractor.
F. The COUNTY shall conduct a formal preconstruction conference prior to commencing with
the PROJECT. The COUNTY will provide the CITY notice of the preconstruction conference
at least five (5) working days prior to the conference. The CITY's assigned project manager
will attend this conference, and other CITY representatives may attend at the CITY's
discretion. A copy of the minutes of said conference shall be submitted to the CITY's project
manager.
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G. The Utility work shall be coordinated with the CITY's project manager with respect to keeping
the CITY advised of technical,cost,and schedule impacts upon the Utility work.
H. The COUNTY shall confer with the CITY's project manager as deemed necessary by the
COUNTY in order to coordinate work stages between the Utility, stormwater improvements,
and roadway improvements from a public interest viewpoint.
I. The COUNTY shall administer design changes,clarifications,supplements,and other contract
amendments that may be necessary during the design and construction of the Utility
improvements. These contract directives to the consultant and contractor may be in the form
of plans,memoranda,reports,change orders,and supplemental agreements and shall be subject
to written approval by the CITY's project manager and/or contract authority, which approval
shall not be reasonably withheld.
The above notwithstanding, upon notification to CITY, the CITY herein authorizes the
COUNTY to prepare, execute, and implement minor change orders for contract amendments
necessitated by actual field conditions at the Utility project site so as not to delay the
contractor's performance and so as to meet the intent of the approved design for the Utility
improvements. Said change orders shall be issued by the COUNTY in compliance with current
County Procurement Policy and Administrative procedures, either using existing contract unit
prices or negotiated unit prices for work adjustments within the physical limit of the Utility
work as shown in the construction plans. In no event shall the value of the total change orders
exceed the Utility allowance to be included in the low bid approved by both the COUNTY and
CITY. Additional or extra work that exceeds the change order authority of the COUNTY shall
be submitted for prior review, approval,and execution by the CITY.
J. COUNTY shall submit a final Certificate of Completion letter to the CITY along with an
appropriate number of plans detailing the Utility and roadway improvements as constructed by
the Parties' contractor ("As-built record drawings"). A one-year warranty requirement for
work completed by the contractor shall be included in the Parties'construction agreement. The
final Certification of Completion shall be submitted by the engineer of record to the FDEP and
other local and State agencies that govern the Utility improvements.
K. All contracts entered into by the Parties' for the design and/or construction of the PROJECT
shall require the party contracting with the Parties' to hold harmless,indemnify and defend the
CITY and COUNTY and its consultants, agents, officers and employees from any and all
claims, losses, penalties, fees, or any expense, damage, or liability incurred by any of them,
whether for personal injury, property damage, direct or consequential damages, or economic
loss arising directly or indirectly on account of or in connection with the work done by the
Parties' consultant or contractor pertaining to the design and construction of the Utility,
stormwater improvements and/or roadway or by any person, firm or corporation to whom any
portion of the Utility, stormwater improvements or roadway work is subcontracted by the
Parties' consultant or contractor.
L. Monthly stormwater field measurements and quantity calculations shall be made by the
engineer of record of stormwater improvements work accomplished for processing of monthly
progress payments to the Parties' contractor. The COUNTY'S project manager shall verify
and approve these measurements and calculations in writing prior to the COUNTY'S issuance
of monthly progress payments to the contractor.
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M. The COUNTY shall open a Purchase Order to the selected construction contractor so that it
can make payment for the stormwater improvements work performed and provided under the
terms of the Parties' construction agreement with the contractor, including the COUNTY's
portion of shared expenses.
SECTION II: CITY'S RESPONSIBILITY
2.0 The CITY and COUNTY staff shall cooperate and agree on the complete contents of the final
construction Invitation to Bid ("ITB") solicitation prior to issuance. The CITY and COUNTY will
enter into a three-way agreement with the winning bidder resulting from the ITB. The CITY shall
provide and perform project support duties as defined below to ensure that the design,construction,
and contract administration services meet the mutual satisfaction of the CITY and COUNTY, and
other governing agencies that have jurisdictional control over the Utility improvements.
2.1 The specific project support duties and responsibilities enumerated below shall be the obligation of
the CITY.
A. The CITY's Utilities Department Director will serve as the CITY's assigned contract authority
and point of contact for the COUNTY's contract manager as identified in Section 3.4 below.
The CITY's Utility Department Director shall designate in writing an assigned CITY project
manager to work with the COUNTY's assigned project manager in typical day to day
coordination of PROJECT design, permitting, and construction. The CITY's Utility
Department Director shall assign in writing a Utility project coordinator (if that person is
someone different from the assigned project manager) for the purpose of coordinating,
resolving, and communicating construction issues at the field level with COUNTY's project
manager. The CITY's project manager and/or project coordinator shall attend periodic
construction progress meetings with the COUNTY and their contractor, subcontractors, and
utility companies with direct or indirect interest in the provisions of the Interlocal Agreement.
B. The Parties' assigned project managers shall maintain open communication with each other
and provide periodic progress reports and documentation about the PROJECT to one another
upon request. Throughout the design, permitting and construction phases of the PROJECT,
both project managers shall mutually schedule periodic progress meetings as deemed
necessary. The Parties shall provide each other written notice of all regularly scheduled
progress meetings at least five(5)working days prior to the meeting.
C. The CITY shall obtain all necessary land rights (rights-of-way, utility easements, temporary
construction easements, etc.) required for the construction, operation, and maintenance of the
Utility facilities portion of the PROJECT. The land rights shall be obtained, recorded, and
made available to the COUNTY prior to the CITY's issuance of a Notice to Proceed letter to
the construction contractor.
D. At the time of construction contract bid preparation,those Utility items identified for which the
CITY is financially responsible shall be subject to the CITY's review and approval by the
CITY's assigned project manager. The COUNTY will include the Utility work in the
PROJECT ITB to receive the bid price for the CITY's construction Utility work. Prior to the
COUNTY's issuance of the Notice to Proceed letter to the construction contractor the CITY
shall provide a Purchase Order to the successful contractor for the CITY's portion of the
construction of the Utility improvements. Funding for additional approved cost increases for
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Utility construction work(e.g., quantity changes, change orders, etc.) will be provided by the
CITY.
E. The CITY shall review the design documents, approve the Utility design, inspect the work as
necessary, and review and approve the "As-built record drawings," which will represent and
depict the Utility as constructed by the Parties' contractor.
F. During the design portion of the PROJECT the CITY is responsible for providing requested
information to the consultant and timely reviews of draft plan sets. The CITY's review will
focus on the design of the Utility portions of the PROJECT,with only cursory review(primarily
dealing with conflicts)provided for the stormwater improvements and roadway portions of the
PROJECT. The CITY will provide the COUNTY with timely detailed reviews and comments
for the Utility portions of the PROJECT, so that the COUNTY can submit the CITY's
comments to the design consultant.
G. Monthly Utility field measurements and quantity calculations shall be made by the engineer of
record of Utility work accomplished for processing of monthly progress payments to the
Parties' contractor. The CITY's project manager shall verify and approve these measurements
and calculations in writing prior to the CITY's issuance of monthly progress payments directly
to the contractor.
H. The CITY shall open a Purchase Order to the selected construction contractor so that it can
make payment for the Utility work performed and provided under the terms of the Parties'
construction agreement with the contractor, including the CITY's portion of shared expenses.
SECTION III: MUTUAL COVENANTS
3.0 The location of the PROJECT is within Brookside. The specific streets under consideration for the
PROJECT may include some or all of the following streets:
• Holiday Lane
• Harbor Lane
• Harbor Place
3.1 The Parties shall not be responsible for construction means, methods, techniques, skills, sequences,
or procedures of construction relating to the PROJECT's improvements. The above responsibilities
during construction shall remain with the Parties' contractor and/or the contractor's subcontractors
subject to the conditions and responsibilities set forth in this Interlocal Agreement.
3.2 The CITY shall be responsible for providing review services and guidance to ensure that design and
construction of the Utility components of the PROJECT comply with or exceed the CITY's Utility
design and construction minimum standards.
3.3 Neither Party shall be responsible to the other should its contractor fail to comply with the
Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 C.F.R.
1926) as authorized by the U.S. Department of Labor, OSHA; said responsibilities to be that of the
Parties' contractor and/or their contractor's subcontractor.
3.4 The COUNTY's Capital Project, Impact Fees and Program Management Division Director,shall act
as the COUNTY's contract manager under this Interlocal Agreement. As the COUNTY's contract
manager under this Interlocal Agreement,the Capital Project,Impact Fees and Program Management
Division Director shall also have the authority with prior written approval of the CITY to extend the
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limits and/or scope of Utility construction work; subject to the COUNTY's Purchasing Policy and
approval as required by the Collier County Board of Commissioners.
3.5 During the construction phase of the PROJECT,construction engineering inspection services will be
provided by CITY staff, COUNTY staff, a separately solicited engineering consultant firm, and/or
any combination thereof. Periodic on-site inspections and construction reviews will be conducted by
the COUNTY(or its designee) and the CITY(or its designee)to assess the contractor's compliance
with the construction plans and contract documents.
3.7 The Parties shall each be provided with four(4)sets of the approved construction plans and contract
documents for the PROJECT prior to commencement of construction activities.
3.8 Upon completion of any portion of the PROJECT, either the Utility or stormwater improvements
portions, including work authorized under change orders and supplemental agreements, the CITY
and COUNTY shall conduct a joint final inspection of the work with the CITY's and COUNTY's
project managers and/or inspectors and/or engineer of record prior to the Parties' issuing final
payment to the contractor.
3.9 The Parties shall properly dispose of all removed materials from the Project.
3.10 Payments to contracted firms for completed and accepted work, including design, permitting, and
construction will follow the procedures identified in the Parties' relevant contract documents. The
PROJECT expenses more specifically set forth in the construction ITB's Bid Schedule at Section 1:
General, or as later added to this Agreement by a separate amendment in writing, shall be shared
equally by the Parties(the"shared expenses"). The PROJECT expenses are apportioned as follows:
1. COUNTY: That portion of the expenses required for the funding for the design,permitting and
construction of the stormwater improvement portions of the PROJECT; and
2. CITY: That portion of the expenses required for the funding for the design, permitting and
construction of the Utility improvement portions of the PROJECT; and
3. Those portions identified as shared expenses(e.g.,roadway,mobilization,maintenance of traffic,
landscaping,etc.)on the ITB Bid Schedule to be agreed upon by the Parties or as later added to
this Agreement through a written amendment by the Parties.
3.11 The COUNTY is responsible for the development and implementation of a public relations program
for the PROJECT to address needed public support for the PROJECT. The COUNTY will coordinate
with the CITY the scheduling of any public meetings, workshops, information distribution, etc.
deemed viable and necessary to inform the affected public about the planned stormwater and Utility
improvements and the expectations they can have regarding fiscal, physical, and timing impacts
related to the PROJECT. The COUNTY shall provide the CITY written notice of all public relations
public meetings,workshops,and information distribution efforts at least five(5)working days prior
to the meetings, workshops, or information distribution.
SECTION IV: AGREEMENT TERMS
4.0 This Interlocal Agreement shall remain in full force and effect from the date first above written and
shall terminate upon the completion of all services and responsibilities mutually performed by the
COUNTY and by the CITY to the written satisfaction of each to the other. It is understood that the
actual termination date herein may occur on or about the date of final approval and acceptance of all
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Roadway, Stormwater improvements and Utility improvements by the Parties and subject to
construction contract warranty provisions. This date is contemplated to be subsequent to the actual
date of final approval and acceptance of the Utility improvements by the CITY and following any
outstanding payments owed by the CITY to the COUNTY.
4.1 Within the COUNTY public easements and/or rights-of-way of the Area impacted by this Project,
the Roadway and Stormwater improvements shall be maintained by the COUNTY or its assigns,and
the Utilities improvements shall be maintained by the CITY or its assigns.
4.2 The COUNTY or the CITY may terminate this Interlocal Agreement prior to the completion of the
Utility work upon thirty (30) days prior written notice each to the other. In the event of such
termination by either party,the COUNTY shall be entitled to receive due compensation for the value
of services rendered, construction performed, and termination costs as actually incurred.
SECTION V: INSURANCE
5.0 The COUNTY and the CITY shall maintain insurance in at least the minimum amounts and types as
required by Florida Statutes.
5.1 The COUNTY and the CITY agree that both parties are partially self-insured. Each shall provide to
the other evidence of insurance in excess of the self-insured retention.
5.2 Nothing in this Interlocal Agreement shall operate as a waiver of the sovereign immunity afforded to
the parties as provided in Section 768.28,Florida Statutes.
5.3 Insurance for the Parties' contractor and design engineer consultant will be addressed in the separate
agreements entered into with those service providers.
SECTION VI: MISCELLANEOUS
6.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida.
In the event any litigation is instituted by way of construction or enforcement of this Interlocal
Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the
opposite party all court costs and other expenses excluding attorney's fees. Venue is in Collier
County,Florida.
6.1 It is understood that this Interlocal Agreement must be executed by both parties prior to the COUNTY
and the CITY commencing with the work, services,duties,and responsibilities described heretofore.
6.2 This Interlocal Agreement shall be modified or amended only by written agreement of both the
COUNTY and the CITY through authorized representatives.
6.3 The COUNTY shall record this Interlocal Agreement at is sole cost in the Public Records of Collier
County.
SECTION VII: DISPUTE RESOLUTION
7.1 The parties recognize that they are entities subject to dispute resolution procedures set out in Chapter
164,Florida Statutes.
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7.2 In the event of a dispute between the Parties concerning this Interlocal Agreement,the COUNTY and
the CITY agree to attempt to resolve the dispute as expeditiously and inexpensively as feasible.
Specifically,their respective staffs will meet within ten(10)days of provision of notice of the dispute
and attempt in good faith to resolve the dispute. They may jointly agree to a mediator to expedite
and effectuate a resolution. If they are unable to agree upon a mediator, within ten (10) days
thereafter,they shall jointly request the Chief Judge of the 20"'Judicial Circuit to appoint a mediator
qualified in construction law to mediate the dispute in accordance with the court's pre-suit mediation
procedures. The mediation shall occur within ten (10) days after the mediator is appointed. If the
dispute cannot be resolved at this level,the Chapter 164 remedies shall be available. Each Party shall
pay equally in the cost of the mediation.
IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Agreement to be executed by
their appropriate officials,as of the date first above written.
AS TO THE COUNTY:
AIThST: BOARD OF COUNTY COMMISSIONERS,
Crystal K.Kinzel, Clerk of the Circuit Court COLLIER COUNTY,FLORIDA
And Comptroller
•
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BY: Arai By:
Attest as to Chairman's 'j a Penny Taylor, air
signature only.
Approved as to form
an ality:
AL•A__
L1
Scott R. Teach
Deputy County Attorney
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AS TO THE CITYAPN AJLES:
• -��
:. ""'ATTEST '• ' ° CITY OF NAPLES,FLORIDA
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By: _ • Q`', rr
t RaYOk,Cit'OCl T Teresa Heitmann,Mayor
Approved as to form'n»►":°41
and legal sufficiency:
Na cy S paricl
City Attorney
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