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Backup Documents 10/28/2008 R Board of County Commissioners Regular Meeting BACK-UP DOCUMENTS October 28, 2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ~a~"\ I 1'1' ,N , /~l ". .' """ ()/ ..... \ AGENDA October 28, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-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 PRESENT A TION 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." Page 1 October 28, 2008 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) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Mark Koch, Naples First Church of Nazarene 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted w/changes - 5/0 B. September 23, 2008 - BCC/Regular Meeting Approved as presented - 5/0 C. September 24, 2008 - BCC/LDC Meeting Approved as presented - 5/0 D. September 29,2008 - BCC/Horizon Study Workshop Approved as presented - 5/0 E. October 7, 2008 - BCC/LDC Amendments Approved as presented - 5/0 Page 2 October 28, 2008 F. October 10,2008 - Value Adjustment Board Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Victor Philogene, Traffic Operations Presented 2) Kurt Jokela, Facilities Management Presented 3) Toni Mott, Real Property Management Presented 4) Mariam Ocheltree, CDES Operations Presented B. 25 Year Attendees 1) Wanda Warren, Building Review and Permitting Presented 4. PROCLAMATIONS A. Proclamation acknowledging United Way of Collier County Agency for their outstanding contributions to the community and wishing them yet another year of great success for the 2008/2009 Season. To be accepted by Ernie Bretzmann, Executive Director, United Way of Collier County. Adopted - 5/0 B. Proclamation designating November 15,2008 as America Recycles Day in Collier County. To be accepted by Dan Rodriguez, Solid Waste Management Department and Joe Bellone, Revenue Manager for the Utility Billing and Customer Service Department. Adopted - 5/0 Page 3 October 28, 2008 C. Proclamation designating November, 2008 as Smart Growth Awareness Month. To be accepted by Deb Milsap, Health Promotion Co-Chairwoman, Kelly Robinson, Health Promotion Coalition Member, Sheila Sheridan, Health Promotion Coalition Member, David Buchheit, Chairman ofCTST and Ross Muller, Community Traffic Safety Team Member. Adopted - 5/0 D. Proclamation recognizing the 300,000th Habitat House in the world! To be accepted by Rev. Lisa Lefkow and Mr. Nick Kouloheras, Habitat for Humanity of Collier County. Adopted - 5/0 5. PRESENTATIONS A. This item to be heard at 9:30 a.m. Presentation of a check to the Board of County Commissioners for the unused fees distribution. Presented by Guy Carlton, Tax Collector. Presented a check for $10,083,314.97 B. Contractor Presentation by Kraft Construction, Inc. on the construction status of the new Emergency Services Center. Presented C. Presentation by Rita Greenberg, President of the Collier County Fire Chief's Association, presenting their final report on consolidation. Board direction for staff to work with fire districts and to draft an RFP for an independent consultant to review consolidation - Consensus 6. PUBLIC PETITIONS Moved to be discussed with Item #91 A. Public petition request by John Barlow to discuss legislating via checkbook. B. Public petition request by Holly Daye to discuss Correct Work Order for Permit #2007111739. Motion to allow no fence until adjacent property is developed, sidewalk is not needed except from parking lot to office - Approved 5/0 Continued to the November 18,2008 BCC Meeting Page 4 October 28, 2008 C. Public petition request by Kenny Brown to discuss a resolution supporting relief for local businesses. Withdrawn D. Public petition request by Jenny Mitchell to discuss property at 755 27th Street NW and the impending Vanderbilt Beach Road Extension Project. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2008-AR-1320 I: VI Ltd, Limited Partnership and Collier County Parks and Recreation, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is requesting a Conditional Use in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) and the RMF-16 Zoning District, pursuant to Land Development Code Section 2.0 1.03.G.l.e, to allow for public facilities (limited to public restroom facilities) that will be constructed within the public right-of-way and partially within the Moraya Bay Beach Club property. The subject property is located in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (CTS) Motion to continue to December meeting - Approved 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDZ-2006- AR-I 0294 Naples Church of Christ, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, Inc., and Richard D. Y ovanovich, Esq. of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., is requesting rezoning from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MPUD) zoning district to allow development of a maximum of a 1,000 member religious facility, 150 student cumulative enrollment preschool and kindergarten through 8th grade elementary schools, 2 single-family dwelling units, and 200 assisted living units, in a project known as the Naples Church of Christ Mixed Use Planned Unit Development (MPUD). The subject property, consisting of 19.1 acres, is located on the east side of Livingston Road approximately 0.6 miles south Page 5 October 28, 2008 of Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (CTS) Ordinance 2008-62 Adopted w/CCPC Recommendations and southern wall to go to the 103 foot marker - 5/0 Time Certain 2:00 pm B. This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Petition: DRICLO-2008-AR-13181, John J. Agnelli of Power Corporation represented by Dwight Nadeau of RWA, Inc., is requesting a close-out of the Berkshire Lakes Development of Regional Impact (DRI). The subject property has a zoning designation of Planned Unit Development (PUD) known as the Berkshire Lakes PUD, and is located at the Northwest corner of Davis Boulevard (SR-84) and Santa Barbara Boulevard, in Sections 32 and 33, Township 49 South, Range 26 East, and Section 5, Township 50 South, Range 26 East, Collier County, Florida. (cTS) Motion to approve buildout agreement w/stipulations - Approved 4/1 (Commissioner Coyle opposed) C. This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, which designates the Close-Out of fifteen (15) approved Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments. Resolution 2008-318 Adopted - 3/2 (Commissioner Fiala and Commissioner Halas opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Water and Wastewater Authority. Resolution 2008-319: Appointing Sherwin H. Ritter - Adopted 5/0 B. Appointment of member to the Collier County Coastal Advisory Committee. Page 6 October 28, 2008 Resolution 2008-320: Appointing/confirming Marco Island's representative Larry N. Magel- Adopted 5/0 C. Appointment of member to the Emergency Medical Services Advisory Council. Resolution 2008-321: Appointing Susan Takacs - Adopted 5/0 D. Appointment of members to the Clam Bay Advisory Committee. Resolution 2008-322: Appointing David Roellig (Technical), Kathy B. Worley (Technical), Tahlman Krumm, Jr. (Pelican Bay), James A. Carroll (Pelican Bay), Robert Rogers (Seagate) and readvertising for Districts 1,3, 5 and Seagate - Adopted 5/0 E. Appointment of member to the Development Services Advisory Committee. Resolution 2008-323: Appointing Reid Schermer - Adopted 5/0 F. Appointment of member to the Ochopee Fire Control District Advisory Committee. Resolution 2008-324: Appointing James W. Simmons - Adopted 5/0 G. Appointment of members to the Environmental Advisory Council. Resolution 2008-325: Appointing Ninon L. Rynerson and to readvertise for technical position - Adopted 5/0 Continued to the November 18, 2008 BCC Meeting H. Resolution supporting local camping businesses to compete in the bidding process with the National Park Service in Big Cypress Preserve National Park. (Companion with Agenda Item #6C: Public Petition for Kenny Brown) (Commissioner Coletta's request) Item #6A was moved to be discussed with Item #91 (John Barlow's public petition) I. Discussion regarding findings by Clerk of Court's Office in reference to John Barlow's public petition from the October 14, 2008 BCC meeting. County Manager to bring back a post dated sub-recipient rehab agreement for Mr. Barlow's project and BCC to review - Consensus J. To discuss interlocal agreement between City of Naples and Clerk of Courts along with Tax Collector regarding interlocal agreement. Motion to continue - Approved 5/0 Page 7 October 28, 2008 K. This item to be heard at 11 :00 a.m. Request for Board to discuss ongoing issues with Vita Tuscana. Motion to slope down sides of pads, grade piles and hydro-seeding to start immediately - Approved 4/1 (Commissioner Henning opposed) 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners consider options pertaining to remedies for past due and expiring impact fee deferrals and provide direction to the County Manager, or his designee, related to the impact fee deferral for Brittany Bay Phase I and policy direction to be applied to similar impact fee deferrals with future expirations (Amy Patterson, Impact Fee/EDC Manager, Business Management & Budget Dept. CDES) Motion to accept option #4 - Approved 5/0 B. Recommendation that the Board of County Commissioners approve a Locally Funded Agreement between FDOT and Collier County for construction of a new bridge over the Cocohatchee River on County Road 901 (Vanderbilt Drive), a Memorandum of Agreement between those parties and the State Department of Financial Services establishing an escrow account to deposit funds related to that project, and a Resolution approving those agreements and authorizing the Chairman to execute both agreements. (Norman Feder, Transportation Services Administrator) Resolution 2008-326 Adopted - 4/0 (Commissioner Coyle out) C. Recommendation to review and approve the proposed Collier County 2009 State Legislative Priorities which then will be discussed next at a joint Board of County Commissioners and Collier County Legislative Delegation Pre- 2009 Legislative Session Workshop scheduled on November 14,2008. (Debbie Wight, Assistant to the County Manager) Motion to approve withe exception of tax increase items - Approved 3/2 (Commissioner Coletta and Commissioner Halas opposed); Motion to request a change to Florida Statute to elect rather than appoint members to the Florida Water Management District Governing Board - Approved 5/0 D. Recommendation to Reject Bid No. 08-5087 for Bridge Repair and Maintenance. (Norman Feder, Transportation Services Administrator) Approved - 5/0 Page 8 October 28, 2008 E. Recommendation to consider agenda topics proposed by the Marco Island City Manager on behalf of the Marco Island City Council for a joint workshop requested with the Board of County Commissioners scheduled December 4,2008. (Jim Mudd, County Manager) Approved - 5/0 F. Recommendation to approve the FY 09 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1 ,445,300. (Marla Ramsey, Public Services Administrator) Approved - 5/0 Continued to the November 18, 2008 BCC Meeting G. Recommendation to approve an amended and restated US4l Developers consortium (Consortium) Developer Contribution Agreement (DCA), recorded in O.R. Book 4303, Page 2349. (CTS). Due to the size of Exhibit 1 and 2, copies are available at the County Managers office. (Nick Casalanguida, Transportation Planning Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Jim Burke spoke regarding Advisory Board members running for an elective office 12. COUNTY ATTORNEY'S REPORT Continued to the November 18,2008 BCC Meeting A. This item to be heard at 12:00 noon. Notice is herebv l!:iven that pursuant to Section 286.011(8), Fla. Stat., the countv Attornev desires advice from the Board of County Commissioners in closed attornev- client session on TUESDAY, OCTOBER 28,2008, at a time certain of 12:00 noon in the Commission Conference Room, 3rd Floor, W. Harmon Turner Buildinl!:, Collier Countv Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow and Litigation Section Chief Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Jerry and Kimberlea Blocker v. Collier County, et al., Case No. 08-0066- CA, pending in the Twentieth Judicial Circuit in and for Collier County, FL Page 9 October 28, 2008 Continued to the November 18,2008 BCC Meeting B. This item to be heard at 1:00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Jerry and Kimberlea Blocker v. Collier County, et a!., Case No. 08-0066-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Recommendation for the Collier County Community Redevelopment Agency (CRA) to reject the Wachovia Bank Bid #07-4177 for a $9,000,000 Line of Credit; to give direction to the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a new loan from a commercial lender selected via RFP to purchase certain real property within the Bayshore Gateway Triangle CRA; and to authorize the Executive Director to negotiate real estate contracts in the CRA area and return to the CRA Board for approval. (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) Approved - 5/0 B. Community Redevelopment Agency FY2008 annual performance appraisal review for the Bayshore Gateway Triangle CRA Executive Director. Motion to approve - 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager - In negotiations for Marina at Port of the Isles, Memo regarding impact fee indexing (annual requirement) B. Commissioner Coyle - Fire Districts concerned with Dr. Tober's ALS training, recommends having a workshop on Nov. 3rd C. Commissioner Halas - Letter in support from Miami-Dade County opposing the lease of Alligator Alley D. Commissioner Henning - Ft. Myers Beach planning and permitting E. Commissioner Fiala - suggestions for purchasing Port of the Isles Marina and funding for Manatee Park; Landscaping concerns F. Commissioner Coletta - Impact fees Page 10 October 28, 2008 ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve forrecording the final plat of Verona Walk Model Center Replat. Developer must receive a certificate of adequate public facilities prior to the issuance of the construction plan final approval letter 2) Recommendation to accept a settlement offer, providing for release of a code enforcement lien and dismissal of a pending appeal, in relation to the code enforcement case, Collier County v. Donald E. Gray, CEB No. 2004-005, on property located at 267 3rd Street West Collier County, Florida. Mr. Gray has submitted a $6,000 good faith check to Code Enforcement representing potential settlement of this matter 3) Recommendation to approve final acceptance of the water and sewer facilities for Fiddler's Creek, Phase 4 Unit 2. W/release of any Utilities Performance Security 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Fiddler's Creek, Phase 5 Unit 1. W/release of any Utilities Performance Security 5) Recommendation to approve final acceptance of the water and sewer facility for Fiddler's Creek, Phase 4 Unit I. W/release of any Utilities Performance Security Page 11 October 28, 2008 6) Recommendation to approve final acceptance of the water and sewer utility facilities for VeronaWalk, Phase 3B. W/release of any Utilities Performance Security 7) To accept final and unconditional conveyance of the water utility facility for VeronaWalk South Entrance Water Main Extension. W/release of any Utilities Performance Security 8) Recommendation to approve final acceptance of the water and sewer facilities for Wildflower Way-Lely High School Boulevard. W/release of any Utilities Performance Security 9) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddlers Creek Parkway Extension, Phase Three with the roadway and drainage improvements being privately maintained. Resolution 2008-309 w/release of the Maintenance Security 10) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddlers Creek Phase Four, Unit One. The roadway and drainage improvements will be privately maintained by the Fiddlers Creek Community Development District. Resolution 2008-310 w/release of the Maintenance Security 11) Recommendation to approve a Settlement Agreement and Release relative to Sapphire Lakes Unit 3C. Settlement funds will be released directly to the Sapphire Lakes Master Property Owners Association, Inc. 12) Recommendation that the Board of County Commissioners provide staff direction related to a proposed assignment agreement vehicle between the County and Florida Department of Environmental Protection (FDEP) to allow for issuance of conveyance bonus credit applications specified by the Rural Fringe Mixed-Use Sub-District of the Future Land Use Element of the Growth Management Plan and Section 2.03.08 of the Land Development Code. (Naples Reserve) As detailed in the Executive Summary Page 12 October 28, 2008 B. TRANSPORTATION SERVICES 1) Recommendation to approve and authorize the Transportation Services Division to assist the Collier County SO Crime Prevention Programs by providing, without reimbursement, use of the VMS (Variable Message Signs) to alert motorists to crime prevention measures. Resolution 2008-311 2) Recommendation to approve Change Order No.2 to Professional Service Agreement No. 05-3865 in the amount of$278,420 with CH2MHILL, Inc., for the design of Collier Boulevard Road Improvements from Golden Gate Boulevard to Golden Gate Main Canal, Project #68056. For improved access management, drainage, permitting and the extension of Green Blvd. to the east by bridging the CR 951 Canal 3) Recommendation to approve a Resolution which authorizes the Chairman of the Board of County Commissioners to enter into a Joint Project Agreement with FDOT to provide for a coordinated arterial traffic signal retiming project. ($300,000) Resolution 2008-312 4) Recommendation to approve the October, 2008 Collier County Transportation Disadvantaged Service Plan Major Update. As detailed in the Executive Summary 5) Recommendation for the Board of County Commissioners to recognize the revenue received for FY09 of a Florida Department of Transportation Service Development Program Award in the amount of $95,175.00 and to approve a budget amendment. For the third and final year of this Service Development Program Award which has helped fund Collier Area Transit's Red Route 1 6) Recommendation to approve and execute the Transportation Disadvantaged Shirley Conroy Rural Area Capital Assistance Support Grant Agreement FM#41 06561840 1 for a total project cost of $66,000.00 and approve all necessary budget amendments to purchase a paratransit vehicle. Page 13 October 28, 2008 For the replacement of a high mileage vehicle used in the paratransit program 7) Recommendation for the Board of County Commissioners to recognize FY08 Federal Transit Administration Section 5311 revenue in the amount of$204,395.00; authorize the transfer of$6l,160.00 in currently budgeted grant dollars from the Transportation Disadvantaged Fund (427) to Collier Area Transit Fund (426) and approve the necessary budget amendments. To offset operations for Immokalee's Circulator Routes 8A & 8B 8) Recommendation for the Board of County Commissioners to approve a second amendment to the September 27,2005, Agreement (the Agreement) entered into between McDonald Transit Associates, Inc. and Collier County, which provides for consolidated management for the Collier Area Transit and Paratransit Systems, to amend the Agreement to incorporate new compensation rates for the final two years of the Agreement that were negotiated during mediation between the parties on October 7, 2008. As detailed in the Executive Summary 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 1992, 1993, 1994, and 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $58.50 to record the Satisfactions of Lien. Resolution 2008-313 (For account numbers: 136453,26767,25276 and 26709) 2) Recommendation to approve FilterOne USA as the sole source authorized Parkson Service Center in the State of Florida, as affirmed by Parkson Corporation and to approve requisition No. 10134495 in the amount of $98,795.00 to FilterOne USA, LLC, for the refurbishment of the Parkson Aqua Guard Screen at South County Water Reclamation Facility, Project #73969. Extending the life of the unit by 8-12 years depending on usage Page 14 October 28, 2008 3) Recommendation to approve a Budget Amendment to the Fiscal Year 2009 Water Department Budget to correct a budgeting error. This correction increases personal services by $131,038 to fund two previously existing Water/Sewer Fund 408 positions. Essential in carrying out the FY09 workload in the maintenance of the Water Distribution System and in the Wellfields D. PUBLIC SERVICES 1) Recommendation to approve a sole source Agreement for Officiating Services with Collier Recreation Baseball/Softball Umpires Association (CRBSUA) for officials for adult softball games, with an anticipated Fiscal Year 2009 expenditure of $60,000. For a three (3) year term and optional one (1) year extension 2) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 71, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 3) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 72, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 4) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 73, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 5) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Page 15 October 28, 2008 Collier County impact fees for an owner-occupied affordable housing unit located at Lot 74, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 6) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 75, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 7) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 76, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 8) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 77, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 9) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 78, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 10) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 79, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 Page 16 October 28, 2008 11) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 80, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 12) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 81, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 13) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 82, Trail Ridge, East Naples. Impact fee deferral in the amount of $22,325.96 14) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC) Boating Improvement Program (FBIP) Grant Agreement Contract No. 08064 for a Recreational Boating Characterization Study to the Coastal Zone Management Department that will provide grant funds in the amount of $80,000. For future management decisions and to provide solutions for boating issues identified in the study 15) Recommendation that the Board of County Commissioners approves and authorizes the electronic submittal of the attached Picturing America grant application to the National Endowment for the Humanities for a collection of historical reproduction posters to be placed on display in the Estates Branch Library in the amount of$O. For 20 posters displayed during the 2009-2010 school year 16) Recommendation to accept the Health Information Technology Special Congressional Initiative earmark from the United States Department of Health and Human Services in the amount of$323,911 Page 17 October 28, 2008 and approve the necessary budget amendment to recognize the revenue. To provide for a more effective and efficient method of health care service for Collier County's uninsured population 17) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY09. As detailed in the Executive Summary 18) Recommend Approval to award Bid #08-5115 "Resurfacing of Parking Lots for Coastal Zone Management" in the total amount of $55,437.50 and award contract to BQ Concrete. For the parking lots at Barefoot Beach and Tigertail Park 19) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $78,632.00 Housing and Urban Development (HUD) grant to The Shelter for Abused Women and Children to fund the "Gentle" men Against Domestic Violence Program. Educating approximately 300 young men and boys on the effects of domestic violence in hopes of breaking the cycle of abuse 20) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $24,916.00 Housing and Urban Development (HUD) grant to the Hunger and Homeless Coalition (HHC) to support the Homeless Management Information System (HMIS). For providing health care and social services to homeless and at- risk individuals in Collier County 21) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $28,000.00 State Housing Initiatives Program (SHIP) grant to The Empowerment Alliance Corporation of SW Florida (EASF), to provide Homebuyer Education Counseling and Foreclosure Prevention Counseling to benefit persons earning less than 120% of Family Median Income of Collier County. Page 18 October 28, 2008 Assisting approximately 150 low to moderate income individuals 22) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a $35,000 State Housing Initiatives Program (SHIP) grant to the Collier County Housing Development Corporation (CCHDC), to provide Homebuyer Education Counseling and Foreclosure Prevention Counseling to benefit persons earning less than 120% of Family Median Income of Collier County. Assisting approximately 250 low to moderate income individuals 23) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an agreement between the Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve a budget amendment to recognize the grant revenue in the amount of $43,255 .32 for the Nutrition Services Incentive Program (NSIP) Providing meals through the Services for Seniors program 24) Recommendation to approve a budget amendment recognizing $398,238 in revenue from the pre-payment of development expenses for shared infrastructure for the construction of the Children's Museum of Naples. Completing the museum's boardwalk portion at the North Collier Regional Park which will provide educational and recreational opportunities for kids and their families 25) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Agreement (contract no. 08079) for Bayview Park Boat Access Facility for the Coastal Zone Management Department that will provide grant funds in the amount of$400,000 and approve the necessary budget amendment. As detailed in the Executive Summary 26) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Juan Barrera (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 121, Page 19 October 28, 2008 Block D, Arrowhead Reserve at Lake Trafford-Phase Two, Immokalee. Impact Fee deferral in the amount of $30,413.05 E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the Assumption Agreement under Contract #08-5019, Fires Sprinkler Alarm Test, Inspection, Maintenance and Installation from Building Systems Evaluation, Inc. dba Fire Sprinkler Systems Co. dba BSE by Cintas Corporation No.2. Due to business acquisition by Cintas Corporation No.2 2) Recommendation to approve an Interim Management Plan for the Winchester Head multi-parcel project under the Conservation Collier Land Acquisition Program. Comprised of 115 parcels totaling 158.67 acres in North Golden Gate Estates between 35th and 41st Avenue N.E. 3) Recommendation to approve an Agreement for Sale and Purchase with Glenda S. Beardsley for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. Unit 53 in North Golden Gate Estates and part of the Red Maple Swamp Preserve Project comprised of 116 parcels totaling 305.69 acres 4) Recommendation to approve an Agreement for Sale and Purchase with James A. Blake for 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44,600. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 5) Recommendation to approve an Agreement for Sale and Purchase with Frank J. Celsnak and Marlene J. Celsnak, as Trustees of the Frank J. Celsnak & Marlene J. Ce1snak Trust under Agreement dated December, 27 1991 for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,000. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates Page 20 October 28, 2008 6) Recommendation to approve an Agreement for Sale and Purchase with Jorge Flores for 4.32 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $69,800. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 7) Recommendation to approve an Agreement for Sale and Purchase with Allan Jones and Patricia Jones for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,800. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 8) Recommendation to approve an Agreement for Sale and Purchase with Allan Jones and Patricia Jones for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $30,000. Part of the Winchester Head Multi-parcel Project in North Golden Gate Estates between 37th and 39th Avenue N.E. 9) Recommendation to approve an Agreement for Sale and Purchase with Warren N. Kissinger, Jr. for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,000. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 10) Recommendation to approve an Agreement for Sale and Purchase with Migdalia Rosillo for 5.0 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $80,300. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 11) Recommendation to approve an Agreement for Sale and Purchase with Kathleen Sheckler for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,800. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 12) Recommendation to approve an Agreement for Sale and Purchase with Milton T. Shryock for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. Page 21 October 28, 2008 Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 13) Recommendation to approve an Agreement for Sale and Purchase with Frank G. Neri and Maria Neri for 4.48 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $71,900. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 14) Recommendation to approve an Agreement for Sale and Purchase with Bethany Jackson Vondran, formerly known as Bethany A. Jackson, Amy S. Jackson, Karen Ring, formerly known as Karen E. Teo, David P. Jackson, Katherine E. Ezis and Jenna Ezis King, formerly known as Jenna 1. Ezis for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,000. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 15) Recommendation to approve an Agreement for Sale and Purchase with John M. Less and Larry P. Less for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 16) Recommendation to approve an Agreement for Sale and Purchase with Jorge A. Toledo for 3.49 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $56,100. Part of the Red Maple Swamp Preserve Project, Unit 53 in North Golden Gate Estates 17) Recommendation to approve the Second Amendment to the Community Health Partners, Inc. Managed Care Services Agreement effective October I, 2008 to provide advocacy services to the Wellness Based Incentives Program. As detailed in the Executive Summary Page 22 October 28, 2008 18) Recommendation to waive formal competition and approve the sole source purchase of an Auger Monster System for the Naples Jail from JWC Environmental c/o Heyward Incorporated at a cost of$98,856. To replace the current worn-out grinder that services the sanitary sewer system 19) Recommendation to approve a Letter of Agreement with Quest Diagnostics, Inc. effective January 1,2009 to provide onsite biometric and laboratory testing services in support of the Wellness Based Incentives Program. For onsite services supporting the new incentive based wellness program being implemented by Collier County 20) Recommendation to approve an Interim Management Plan for the Freitas Property under the Conservation Collier Land Acquisition Program. Located west of Everglades Blvd. in North Golden Gate Estates and part of the Horsepen Strand Slough Project 21) Recommendation to approve an agreement with CS STARS, Inc. for the lease of Risk Management Information Systems software services in the amount of$107,060 annually. For a three year period 22) Recommendation to approve an amendment of the Microsoft Enterprise Agreement to add telephony integration licensing for $72,680.76. As part of the telephone system upgrade/modernization project for an agreement period of three years 23) Recommendation that the Board of County Commissioners approves an Agreement to provide a maximum expenditure of One Hundred Fifty Thousand and no/l 00 dollars ($150,000.00) from the GAC Land Trust to the All Kids Play Foundation of Corkscrew Community for the purchase of equipment and materials to facilitate the construction of a Boundless Playground to be located at Big Corkscrew Elementary School and to serve the residents of Golden Gate Estates. Providing opportunities for children with sensory, developmental or physical disabilities access to play spaces and allows children Page 23 October 28, 2008 with or without disabilities to play together without boundaries 24) Recommendation for the Board of County Commissioners to authorize the Chairman to sign two Florida Division of Forestry (DOF) Agreements for conducting controlled burning and site preparation on the Conservation Collier Nancy Payton Preserve. Located north of Brantley Blvd. and east of Blue Sage Drive in the North Belle Meade area 25) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for fourth quarter ofFY 08. As detailed in the Executive Summary F. COUNTY MANAGER 1) Recommendation to approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for the Funding of the EMS Portion of the EMS/Fire Consolidation Study, Training and Medical/Rescue Equipment and Supplies in the amount of $170, 111.00 and to approve a Budget Amendment. Resolution 2008-314 2) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an Agreement between Collier County and the Florida Division of Emergency Management accepting $101,573 for Emergency Management Program Enhancement. For purchasing additional equipment, services or hiring additional personnel 3) Recommend that the Board of County Commissioners review and approve the proposed Tourism Strategic Plan for Fiscal Year 2009. As detailed in the Executive Summary 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2008-315 Page 24 October 28, 2008 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier CRA Board approve an application for the Environmental Protection Agency (EPA) Community-Wide Brownfield's Assessment Grant in the amount of$650,000 to conduct environmental assessments in economically distressed areas within the Collier County CRA boundaries; and authorize the CRA Chairman to sign a support letter as a partner in the Collier County Brownfield's Coalition. For evaluating potential redevelopment opportunities 2) Recommendation for the Collier County CRA to approve a CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program for Fiscal Year 2009; approve the Grant Application process; and approve the form of the Grant Agreement. CRA Resolution 2008-316 3) To be heard immediatelv before Item #17 A Recommendation for the CRA Board to recommend the Board of Collier County Commissioners adopt an ordinance amending Ordinance No. 2002-38, as amended, The Collier County Redevelopment Grant Program Ordinance to re-establish two existing grant programs and establish two new CRA grant programs for the Bayshore Gateway Triangle CRA (Companion Item to 17A) H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Immokalee Migrant Matrix 5 on October 3, 200; $25.00 to be paid from Commissioner Coletta's travel budget. Held at the Bethel Assembly Church in Immokalee 2) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the NAACP Freedom Fund Dinner and A wards Ceremony on October 18,2008; $65.00 to be paid from Commissioner Coletta's travel budget. Page 25 October 28, 2008 Held at the Naples Hilton & Towers located at 5111 Tamiami Trail North 3) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the lmmokalee Chamber of Commerce Breakfast August 6, 2008; $20.00 to be paid from Commissioner Coletta's travel budget. At the Seminole Casino Restaurant located at 506 South First Street, Immokalee 4) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the League of Women Voters Luncheon on October 20, 2008; $25.00 to be paid from Commissioner Coletta's travel budget. Held at the Collier Athletic Club located at 710 Goodlette Road N I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of October 04, 2008 through October 10, 2008 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of October 11,2008 through October 17,2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve a Retention Agreement for legal services on an as needed basis with the law firm of Young van Assenderp, P.A., to meet County Purchasing Policy contract update requirements. 2) Recommendation to authorize an Offer of Judgment for Parcels 123 & 823 by Collier County to property owner Rose Somogyi, Individually and as Trustee, in the lawsuit styled CC v. John J. Yaklich, et a!., Case Page 26 October 28, 2008 No. 03-2259-CA (Golden Gate Parkway Project #60027) (Positive Fiscal Impact: If accepted, $57,232.65). 3) Recommendation that the Board of County Commissioners approves a Retention Agreement for legal services on an as needed basis with the law firm of Carlton Fields, P.A., to meet County Purchasing Policy contract update requirements. 4) Recommendation to approve a Second Amended Declaration of Taking and Stipulated Order of Taking and Final Judgment in the amount of $3,500.00 for Parcel 130 (to be re-designated as Parcels 130TSE and 130SW-U-SL-TSMPE) in the lawsuit styled Collier County v. Alexander G. Christou, et al., Case No. 07-4923-CA (Santa Barbara Blvd. Extension Project #60091) (Fiscal Impact $3,500.00) 5) Recommendation to approve a Stipulated Final Judgment in the amount of $32,000.00 for Parcel15lRDUE in the lawsuit styled Collier County v. Luz Matlin, et a!., Case No. 07-2850-CA (Oil Well Road Project #60044) (Fiscal Impact $12,900.00) 6) Recommendation to approve a Stipulated Final Judgment in the amount of$238,225.00 for Parcels 120FEE, 120TDREl, 120TDRE2, 124FEE, 124TDREl, and 124TDRE2 in the lawsuit styled Collier County v. Terry Walsh, et a!., Case No. 07-4030-CA (Oil Well Road Project #60044) (Fiscal Impact $52,625.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS 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- Page 27 October 28, 2008 JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation for the Board of County Commissioners to adopt an ordinance amending Ordinance No. 2002-38, as amended, The Collier County Redevelopment Grant Program Ordinance to reestablish two existing grant programs and establish two new CRA grant programs for the Bayshore Gateway Triangle CRA (Companion Item to Item #16G3) Ordinance 2008-61 B. This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. HD-2007-AR-11828, The Collier County Historical and Archaeological Preservation Board, requests a Historical Designation for the existing specimen plants and trees on Lot 5 of the Naples Zoo, and the Caribbean Gardens Gatehouse/Gift Shop and outhouse on Lot 5, which were part of the Dr. Nehrling tropical garden located on Collier County property and leased by the Naples Zoo. The current zoning of the parcel is C-3 and "A" Rural Agricultural, consisting of 13.35 acre and is located at 1590 Goodlette Road North, Section 27, Township 49 South, Range 25 East, Collier County, Florida. Resolution 2008-317 18. ADJOURN Motion to adjourn - Approved 5/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 28 October 28, 2008 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 28. 2008 Item 6C continued to the November 18, 2008 BCC meetina: Public petition request by Kenny Brown to discuss a resolution supporting relief for local businesses. (Petitioner's request.) Withdraw Item 6D: Public Petition request by Jerry Mitchell (rather than "Jenny" Mitchell) to discuss property at 775 27th Street NW and the impending Vanderbilt Beach Road Extension Project. (Petitioner's request.) Item 8B: The following to be included in this item: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." Also, at the bottom of page 5 ofthe executive summary, change 71,300 to 73,100, and total from 313,349 to 315,149. Also, page 7, #3 under Review of Documents, change from 71,300 to 73,100. (Staff's request.) Item 9H continued to the November 18, 2008 BCC meetina: Resolution supporting local camping businesses to compete in the bidding process with the National Park Service in Big Cypress Preserve National Park. Companion with Item 6C, Public Petition Request for Kenny Brown. (Commissioner Coletta's request.) Item 10A: Page 3 of the executive summary, Option 5, second sentence should read,".. . and execute an (rather than "and") amendment. . .." Page 5 of the executive summary, second paragraph, 3rd sentence should read, " . . . for a total of 67 "extra" units. .." Page 6 of the executive summary, the paragraph following the table should read, " . . . that each of the entities request an (rather than "and") extension. .." (Commissioner Fiala's request.) Item 10G continued to the November 18. 2008 BCC meetina: Recommendation to approve an amended and restated US 41 Developers consortium (Consortium) Developer Contribution Agreement (DCA), recorded in O.R. Book 4303, Page 2349. (CTS). (Staff's request.) Item 17B: The following to be included in this item: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." Also, the Resolution has been revised updating the title to specify qualifying plants and structures, etc., rather than the broader "certain portions" of the parcel. Changes were distributed to Commission members. (Staff's request.) Time Certain Items: Item 5A to be heard at 9:30 a.m. Presentation of a check to the Board of County Commissioners for the unused fees distribution. Presented by Guy Carlton, Tax Collector. Item 8B to be heard at 2:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRICLO-2008-AR-13181, John Agnelli of Power Corporation represented by Dwight Nadeau of RWA, Inc., is requesting a closeout of Berkshire Lakes Development Regional Impact (DRI). Subject property is located in the Berkshire Lakes Planned Unit Development (PUD) in the Berkshire Commons, in Sections 32 and 33, Township 49 South, Range 26 East and Section 5, Township 50 South, Range 26 East, Collier County, Florida. Item 9K to be heard at 11 :00 a.m. Request for the Board to discuss on-going issues with Vita Tuscana. 10/28/2008 8:49:15 AM Item 12A to be heard at 12:00 Noon: Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on Tuesday, October 28,2008, at a time certain of 12:00 noon in the Commission conference room, 3'd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Jerry and Kimberlea Blocker v. Collier County, et aI., Case No. 08-0066-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 12B to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Jerry and Kimberlea Blocker v. Collier County, et al., Case No. 08-0066-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 10/28/2008 8:49:15 AM '411 PROCLAMA rrON WHEREAS, since 1957. the L/nited Way of Collier County has sponsored and funded qualified. non-profit community a!Jllncies which provide essential humon and health services to our citizens; and. WHEREAS, throUflhout the 51-year history of the L/nited Way of Collier County, the o"9anization has demonstrated continued growth and is currently funding 32 community agencies providi"9 services to all areas of our County; and. WHEREAS, the services of the L/nited Way of Collier County have resulted in assisti"9 one in three citizens or 100,000 residents of Collier County each year via the utl'lization of the fundi"9 it provides member a!Jllncies; and. WHEREAS, the Board of County Commissioners gratefully acknowlefiges and supports the fine work of the lInifwd Way of Collier County and its member agencies. NOW THEREFORE b. it procloimed by the Board of Ctlllier County CDmmissioners that the t/NITED WAY OF COLLIER COt/NTY AGENCY is formtJ/!y recognized for their outstandi"9 contributions to the community and wish them yet another year of great succus as they kick off their 2008/2009 season. DONE AND ORDERED THIS 28th day of October, 2008. BOARD OF COL/NTY COMMISSIONERS COLLIER COt/NTY ORIDA / -' 1- ATTEST: .----.~ \ ri#; ~' 1:::: - .ct,~- DWIG. E. BROCK. CLERK PROCLAMA TION 48 WHEREAS, Collier County recognizes the importance of protecting and preserving our natural resources and works to make the world a better place by adopting conscientious living habits that will improve our dal1y lives and bring about a cleaner, safer, and healthier environment: and, WHEREAS, The National Recycling Coalition launches its eleventh annual campaign to promote the social, environmental, and economic benefits of recycling and buying recycled products on America Recycles Day, November 15, 2008: and, WHEREAS, the citizens of Collier County have the opportunity to join ml1lions of people across America in making a positive difference in reducing water and air pol/ution, conserving natural resources, and saving energy by recycling and buying recycled products: and, WHEREAS, the Public Utilities Solid Waste Management and UtI1ity Billing & Customer Service Departments, under the direction of the Collier County Board of County Commissioners, have worked diligently to develop a multifaceted recycling program as a way to preserve valuable /andfill space and conserve natural resources: and, WHEREAS, Collier County government and the Board of CtJUflty Commissioners wish to recognize and commend the citizens of Collier CtJUflty for their admirable recycling effDl'ts, their positive contribution to the preservation of valuable landfi/I airspace, and for their contributions to the conservation of our natural resources. NOW THEREFORE. be it proclaimed by the BODl'd of County Commissioners of Col/ier County, FIDI'ido, that November 15, 2008, be designated as AMERICA RECYCLES DAY IN COLLIER CO()NTY and, Collier County wishes to join the rest of America in maximizing awareness and celebration of this day. DONE AND ORDERED THIS 28th Day of October, 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA -L1l. , TOM HENNING, CiPzRMAN A TrEST: , \ ., PROCL.AMA rrON '4C WHEREAS, a lack of physical activity plays a leading role in rlsmg rates of obesity, diabetes, and other health problems among residents of Collier County and being able to walk or bicycle to work, school, or stores offers an opportunity to build activity into daily routine/ and. WHEREAS, only about one-quarter of Americans get the recommended amount of exercise and this lack of inactivity has contributed to the obesity epidemic and is a factor in more than 200,000 deaths a year/ and. WHEREAS, driving private vehicles contributes to traffic congestion and air pollution/ and. WHEREAS, due to an inadequate supply of quality affordable housing located near job centers, low-income citizens are frequently faced with living in increasingly remote locations with longer commutes and higher tronsportation costs,' and. WHEREAS, by directing growth to communities where people already live and work, smart growth limits the amount of farmland and open spoce that is developed. makes existing communities more attractive with a mix of housing, restaurants, porks, cafes, and jobs, and minimizes thte nud for new water, sewer, and road infrastructure that increases taxpayer burdens/ and WHEREAS, Collier County will be the first county in the state to participate in ''Smart Growth AwalWlless Month':' and. WHEREAS, the Collier County Healthy Promotion Coalition and the Community Traffic Safety Team have volunteered time and effort to support "Smart Growth Awareness Month ': NOW THEREFORE, be it proeIaimed by the Soard of County Commissioners of Collier County, Florida, that Ntwember, 2OOS, be designated as Smart Growth Awareness Month and encourages everyDM to consider the SI1fety and health of the community today and every day. DONE AND ORDERED THIS 28th Day of October, 2008. SOARD OF COUNTY COMMISSIONERS COLLIER COUNT>'- FLORIDA ~ ATTEST: PROCLAMATION ~ 4D WHEREAS, Habitat for Humanity of Collier County has been the main provider of single family, owner-occupied affordable housing for low-wage earners in Collier County since 1978: and, WHEREAS, Habitat for Humanity's mission is to eliminate poverty housing and homelessness from the face of the earth by building affordable, adequate and basic housing: and, WHEREAS, in 2007, Habitat for Humanity of Collier County broke 9round on its 1, oodh home: and, WHEREAS, in 2008, Habitat for Humanity of Collier County celebrates its 30th Anniversary: and, WHEREAS, Habitat for Humanity will mark a major milestone on November 13, 2008 when construction be9ins on the homebuilding ministry's 300, oodh home in Naples, Florida: and. WHEREAS, the 300, oodh Iu:Jme will be built in remembrrJnce of Mary Ann Durso, former executi'M director of Habitat for Humanity of Collier County: and, WHEREAS, Mary Ann Durso, alongside her husband, Sam DurS(), spent 15 years as full-time lIOIunteers, built the laryest annual producing Habitat for Humanity affiliate in the United States. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 28, 2008, be designated to honor the Dursos leadership and celebrate Habitat for Humanity's 300,oodh home to be built in Mary Ann Durso's honor for many years of humane and philanthropic service that helped more than 5,000 people find safe and affordable shelter. DONE AND ORDERED THIS 2E1" Day of October, 2008. SOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA J~ ATTEST: Z>WIG. E. SROCK, CLERK ~ , '(r.{.~"" n.. -.... P. .:",~jIA'\" ..~. , . ~. . ... '. -:t .~,' .. "" ~. .. .. . -- . ~'<.' .~ 1.'~ ., ~.,. ~ . ~ " I t;~ ~ ..,.. _..'~>VII ..,,,,-~.i'" 1/1' COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ~8A To: Clerk to the Board: Please place the following as a: ~ Normal Legal Advertisement Other. (Display Adv., location. etc.) ~ ************************************************** * ***********************~~***1\******* Originating Deptl Div: CDES.lZonine: Person: Nancy Gun I , ICP Date: 01 k/ I uf) Petition No. (If none, give brief description): PUDZ-2006~AR-I 4, Naples Church Of Christ Petitioner: (Name & Address): Richard D. Yovanovich, Esq. of Goodlette, Coleman, Johnson, Yovanovich and Koester. P,A. 4001 Tamiami Trail N., Naples. FL 34104; Naples Church Of Christ. Ine.. 12740 Livingston Rd., Naples. FL 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed. attach separate sheet) Hearing before Bec BZA Other Requested Hearing date: Oetober 28. 2008 Based on advertisement appearing 15 davs before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Jnclude legal description & common location & Size: Petition: PUDZ-2006~AR-I0294 (NO) Naples Church of Christ, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, Inc., and Richard D. Yovanovich, Esq, of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., is requesting rezoning from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MPUD) zoning district to allow development of a maximum of a 1,000 member religious facility, 150 student cumulative enrollment preschool and kindergarten through 81h grade elementary schools, 2 single~family dwelling units, and 200 assisted living units, in a project known as the Naples Churth of Christ Mhed Use Planned Unit Development (MPUD). The subject property, consisting of 19.1 acres, is located on the east side of Livingston Road approximately 0.6 miles south of Pine Ridge Road, in Section 18, Township 49 South, Range 26 East. Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: Account Number: 068779 PO Number: 4500096189 Rev1~ '-tho /c,~ Di'vision Administrator or Designee '7/:<0 /o~ Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before Bec or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Mauager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************** FOR CLERK'S OFFICE USE ONLV, Date Received: Date of Public hearing: Date Advel1ised: _n ORDINANCE NO. OS-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHlCH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING TIlE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTIJRAL (A) ZONING DISTRICT TO A MlXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES CHURCH OF CHRIST MPUD, TO ALLOW CONSTRUCTION OF A CHURCH, A PRE-K THROUGH STH GRADE SCHOOL, 200 UNITS ASSOCIATED WITH CONTINUING CARE RETIREMENT COMMUNITY AND ASSISTED LIVING FACILITIES AND TWO SINGLE FAMILY DWELLING UNITS ON UVINGSTON ROAD, APPROXIMATELY.6 MILES SOUTH OF PINE RIDGE ROAD, IN SECTION IS, TOWNSHIP 49 SOUTIl, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Amold, AICP of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, Esq., of Goodlette, Coleman and Johnson P.A., representing Naples Church of Christ, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Naples Church of Christ MPUD, to allow construction of a church, a pre-k through Sib grade school, 200 units associated with continuing care Page I 'tJ A rll retirement community and assisted living facilities and two single family dwelling units on Livingston Road, approximately .6 miles south of Pine Ridge Road in accordance with the Naples Church of Christ MPUD Document, attached hereto as Exhibits "A" through "F", and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: ID_wL Steven T. Williams Assistant County Attorney Attaclunents: Exhibit "A" - Permitted Uses Exhibit "B" - Development Standards Exhibit "C" - Conceptual Master Plan Exhibit "D" - Legal Description Exhibit "E" - Requested Deviations Exhibit "F" - Developer Commitments CP:OS...cPS{){)867\RcvisedOrdCl92908 Page 2 NAPLES CHURCH OF CHRIST MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) TABLE OF CONTENTS LIST OF EXHIBITS PAGE EXHIBIT A PERMITTED USES 2-4 EXHIBIT B DEVELOPMENT STANDARDS 5-7 EXHIBIT C CONCEPTUAL MASTER PLAN 8 EXHIBIT D LEGAL DESCRIPTION 9 EXHIBIT E LIST OF REQUESTED DEVIATIONS 10 EXHIBIT F LIST OF DEVELOPER COMMITMENTS 11 , 8A 8. . ~8A EXHIBIT A FOR NAPLES CHURCH OF CHRIST MPUD PERMITTED USES The Naples Church of Christ MPUD will be developed as a mixed use project. which may Include a mix of community facility and residential land uses. including but not limited to, a 1.000 member religious facility. a 150 student total enrollment preschool and kindergarten through 8th grade elementary schools. a maximum of 2 single family, and up to 200 assisted living facilities (ALF). continuing care retirement communities (CCRe) and independent living units for age 55 plus and senior housing. The maximum size of the continuing care retirement communities, ALF and independent living units for age 55 plus and similar facilities shall not exceed a floor area ratio [FAR) of 0.6 with a maximum of 200 units. 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: Community Facility / Residential (CF/R) Tract A. Principal Uses: 1. Single family dwellings (maximum of 2. existing only). 2. Assisted living facilities (ALF), continuing care retirement community (CCRC). independent living facilities for seniors over age 55. 3. Parking. water management and recreation uses accessory to the churchlschool uses permitted on the CF Tract. No formal ballfields. courts or other similar recreational uses or lighted outdoor recreational facilities may be constructed. No outdoor recreational use may occur no earlier than sunrise and not beyond 9:00 p.m. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses. as determined by thE;l Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: 1. Customary accessory uses and structures including but not limited to private garages, tennis facilities. clubhouse. outdoor recreation facilities and swimming pools with or without screened enclosures. 2. Water management facilities/lakes. COCMPUD AR10294 (Rev l4) 2 1'8A 3. Project sales and administrative offices which may occur in a residential or recreational building and or in a temporary building until such time as permanent structures are available. All such facilities will be permitted in compliance with Section 5.04.03 of the Collier County Land Development Code (LDC). 4. Personal services, dining, private restaurantllounge, skilled nursing and other uses incidental to ALF and CCRC uses. 5. Outdoor recreational facilities such as swimming pools, tennis courts, unlighted playfields. playgrounds and similar facilities. 6. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) through the process outlined in the LDC. C. Operational Characteristics for Independent Living Units for Persons Over Age 55: The developer of independent living units. its successors or assigns. shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to otf-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. Community Facility (CF) Tract A. Principal Uses 1. Church (House of Worship) COCMPUD ARI0294 (Rev 14) 3 EXHIBIT A ~8A B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including. but not limited to: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, such as parsonage. child care (in conjunction with church selYices only). multi-purpose buildings. indoor and outdoor recreational uses and facilities. 2. Educational facilities. limited to preschool and kindergarten through 8th grade elementary schools. C. FP&L Easement area: Uses permitted within the FP&L Easement may include overflow parking, drive aisles, water management, open space and recreational uses. Prior to site development plan approval within the FP&L Easement, authorization from FP&L shall be provided to Collier County. Preserve Tract A. Principal Uses: 1. Native vegetation preselYe. 2. Any other conselYation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the PreselYe Area. 3. Any clearing required to facilitate these uses shall not reduce the minimum required native vegetation. B. Accessory Uses: 1. Boardwalks. nature trails, shelters. and other uses permitted within dedicated preselYes by the LDC. 2. Any other use customarily associated with principal uses. 3. Any other conselYation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the PreselYe Area. 4. Any clearing required to facilitate these uses shall not reduce the minimum required native vegetation. EXHIBIT A COCMPUD ARI0294 (Rov 14) 4 EXHIBIT B FOR NAPLES CHURCH OF CHRIST MPUD . I.. IJII'SI'fio>" , ' DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the Community Facility / Residential (CF/R) Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LOC in effect as of the date of approval of the site development plan (SOP) or subdivision plat. TABLE I COMMUNITY FACILITY/RESIDENTIAL (CF/R) DEVELOPMENT STANDARDS PERMITIED USES AND STANDARDS ALF/CCRC/lndependent living for Age 55 PRINCIPAL STRUCTURES Minimum Lot Area 1 acre Lot Width 150 feet Minimum Floor Area N/A Front Yard 20 feet Side Yard 15 feet or Y, BH'l Rear Yard 20 feet Preserve 25 feet Minimum Distance Between structures 15 feet' Maximum Building Height 4 stories not to exceed Zoned 50' Actual 55 feet ACCESSORY STRUCTURES2 Front S.P.S. Side S.P.S. Rear (attached) 10feet (detached) 20 feet Preserve 10 feet Maximum Building Heights Zoned 25 feet Actual 35 feet COCMPUD AR10294 (Rev 14) 5 . . r>,..' "",8 'ft f' . S.P ,S.: Same as Principal Structures. BH: Building Height. Building setbacks ,hall not encroach into required landscape buffers. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or befween structures. Condominium, andlor homeowners' association boundaries shall not be utilized for determining development standards. 1. 15 foot. or one half of the sum of the heights of adjacent buildings. measured from the exterior walls, which ever is greater. 2. Any accessory structures(s) associated with the temporary use of the CF/R Tract related to church/school related functions shall meet the minimum yard requirements as specified for ALF/CCRC uses. COCMPUD ARI0294 (Rev 14) 6 EXHIBIT B 8tH Table II below sets forth the development standards for land uses within the Community Facility (CF) Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE II DEVELOPMENT STANDARDS FOR COMMUNITY FACILITY (CF) DISTRICT PERMITIED USES AND STANDARDS Church and Related Uses PRINCIPAL STRUCTURES Minimum Lot Area N/A Lot Width N/A Minimum Floor Area 1.000 SF Front Yard 50 feet Side Yard 25 feet Rear Yard 15 feet Preserve 25 feet Minimum Distance Befween Structures 12 feet Maximum Building Height Zoned 50 feet Actual 60 feet to top of roof And a maximum additional 12 feet for cupola and/or spire and steeple ACCESSORY STRUCTURES Front S.P.S. Side S.P.S. Rear (attached) 10feet (detached) 15 feet Preserve 10feet Maximum Building Heights Zoned S.P.S. Actual S.P.S. S.P.S.: Same as Principal Structures. BH: Building Height. Building setbacks' shall not encroach into required landscape butters. COCMPUD ARI0294 (Rev 14) 7 EXHIBIT B I I i I I I I I I I I I I I I I I I I I I I I I I I I I I l I II 1 I II I II i I I ,J~ ~ ~ p ~ ,",,-,..,-,-,_._, ~ L.:::=.:.=.:.=.:.=:.=.:.=:.=.:.==~ -- - ':':~;~';~~L-;"N7^;:'-':'-- ':'-.::::;:'-''::.::.::':' ===-.:.=f=,; ~ g ;~::::::::::::::::::::::::::::::::~. ~ ~ 3i:; - -----..,.--------.....-----~~---. ,,_....-,-.,..~i E "\ I, l', 5_,51 i_~ U:i:~ ~ ~ ....Si" , . 55 ~~ illl~ I "! g~, , ,l!lli I ~I ,i ~li'!~ ~ IDHd1d i. " . lll!l! If _.. H!~rr-' . ---,,--.~l ~! ___ ,..\I"D~.........u._""'u.O""1I) - - [3 p- -- -- ,:~~~U_att~.u~EJ '..,-,-'_~_'_, I I .. I ... I (J i I . i i i II i i . I' , I ~e ill I I' .. I I ~t ... ! I" 51 (J ", . "j, i i I I , ! I ! , III l~ '. ~.el'; ,.. -j' p :;!t II E . iH .11 ~ ~! i ~. " ;rj . o o o o o o Ii · '. i ...;, i (J .II ~~ i I c 10C nt lti ::5~ 8!A g~~ . I . g. .~ 0 V _~fa :!~ ~ . .~~ ~ I- g.. EA Q~! . % ! ~~~~ ~r:~ ~.~ ~ ~ iii ia.~ (a~ ,'s u~ I ~ ..~.. is ,~e . ,,. ." sg~~ ..~I ~e~ is lii~ X ~i~~ ~~; ~~g is -0 n w I I ~~ =... ...;:: ~".. II::; i!~ I ~.I~ 5~~ :1E~": $ " ~ I ;~ ~ !~~ ~t~~ ~ u ""tlW! .!... ~~~o 5 ~ I h~ :l~g ~~n ~ el "-~l:!: ..~... I ~~~a ~~e ;,;.lh:<e: ~~ I i;:12 .. :- ~:~i <e: ...~ ~ .. I ":st! .j ;j~t:!~ I.> <e:8 ...~.. "e~ la.5 , ~ " I ~... ~.. 3~~E ''I'I ~! ~~~~ !2e l:",Y,", ~!! I 25"'!!! ,5.8 ~! "( I' t;.... ... fll . ;~ i~ li!~ :h I ,. ~ f , .. ~ ~. ! I, -. ~~~~ ~~~ D...!::i.. ~I!. i II ..~.Y Q ~! il it I;-tol.l O~!!~ log! Dl4~e: f .. z.. . d ;; ...;:~~ fj ~ <11'11 I .'. 0:: i~ . 5h~ ai~" a~~~ ~Iil iI I ~~::... r: l:! ..~>.. ...;::~ r"':;: ~6~. . . I 5.,5 ~~~ ~..~ bit i :ij~~ :..~e 'Ol I giEf ~ ' . ~;!~~ :~Eb ~~l!l< ~g: I I ~gg~ ~Isi 'T '" I ~!i:e! ~!:it5 ~~ i ..v..< D..... ~e ~ I 8 B B I g hl t ~ b I 0:: ~ .. .... ; 'i hh pn; I~ i ~ .e: .. ., .!i~ !::f"~ "I. ~~2$ I II II II II II II II II II II II II il II II I I I I I I " " II !II I II , II , II ! II ~ I I i II ! II ill ill II II I' II I II II II II II II II II II II II ij II II II II . , j, e i .. ! i i~ i , ,~! n , e "~I ~::- "'"' i l'~ 11 e::! )."' l l~i II l'e .! I" :, I t; !:if:~: , . , !~ !~i ~! , , !i ~ii .j , , :>!s t~ , l! i!i !~ ~~ ~~~ t~ ~ -- ... ,. I ~" . . I I I . I " , .. . 8: g " ~ -:-: i II , ! ;; i i~ ! .. I ~o~ i 'i' , : f , 0: ~ ilil ~ ~ . im Ill' WPf i.' llll: ""I! , 'j d I ~l1 ~~~ i5:~ III ii (j)~ EXHIBIT D FOR NAPLES CHURCH OF CHRIST MPUD 8~" LEGAL DESCRIPTION The subject property being 19.1:t acres is located in Section 18, Township 49 South, Range 26 East, and is more fully described as follows: The south one-half of the northwest one-quarter of the southwest one-quarter of Section 18, Township 49 south. Range 26 east, Collier County, Florida, less and except that portion for right-of-way of Livingston Road, pursuant to order of taking, recorded in O.R. Book 2836, Page 412, of the Public Records of Collier County, Florida. COCMPUD AR10294 (Rev 14) 9 EXHIBIT E FOR NAPLES CHURCH OF CHRIST MPUD , 8A LIST OF REQUESTED DEVIATIONS 1. Deviation # 1 seeks relief from LDC Subsection 4.05.04.G, Table 17, Parking Space Requirements, which requires Child Care Centers to provide 1 parking space per employee. plus 1 space for every 10 children. and Elementary Schools to provide 5 parking spaces per 4 faculty/staff, to allow the proposed religious facility. preschool and kindergarten through 8th grade elementary schools to share the parking provided for the church use. 2. Deviation #2 seeks relief from LDC Subsection 4.06.02.e.4. Table 2.4, buffer requirements. which requires alternative type A and B buffers to require no buffer belween the CF/R and CF tracts, unless the CF/R tract is developed by any entity that is not owned or controlled by the church. then the buffer requirernent for the CF /R tract would be per the We. 3. Deviation #3 seeks relief from LDC Subsection 5.03.02.E.2. Fences and walls. which requires placement of a concrete or masonry wall belween non- residential and residential developrnent to allow the Church of Christ MPUD to provide a Type B buffer with a concrete or masonry wall or fence only along the northern boundary from the preserve tract west to the Uvingston Road Right-of- way. COCMPUD AAI0294 (Rev 14) 10 EXHIBIT F FOR NAPLES CHURCH OF CHRIST MPUD ."8 A ~1lI.. '" '~', " ~ LIST OF DEVELOPER COMMITMENTS Regulations for development of the Naples Church of Christ MPUD shall be in accordance with the contents of this MPUD Document and applicable sections of the lDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this MPUD Ordinance does not provide development standards, then the provisions . of the specific sections of the lDC that are otherwise applicable shall apply. 1. TRANSPORTATION A. A vehicular interconnection between the CF and CF/R Tracts must be provided at the time of site plan approval. B. Within one year of issuance of certificate of occupancy (CO) for the church. the developer shall analyze the project's peak event traffic to identify any operational failures attributable to this project. If an operational failure is found. then the developer. his successors. or assigns shall be responsible to mitigate those failing movements via alteration of the traffic light timing, the addition or modification of turn lanes or other mitigation efforts as deemed necessary by the Transportation Division to accommodate the project's traffic. 2. ENVIRONMENTAL A. A minimum of .81 acres of preserve area are required for this MPUD (5.41 acres x.15= .81). COCMPVD ARI0294 (Rev 14) II ~-~~._,---~-~ .... ,_._-~"" ....,--.'"-r...._.. Page 1 of 1 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, October 02,2008 11 :11 AM To: 'Iegals@naplesnews.com' Subject: PUDA-06-AR-1 0294 - Naples Church of Christ Attachments: PUDZ-2006-AR-10294.doc; PUDZ-2006-AR-10294.doc ------------- .---8 ~ ~i . Here is an Ad to be placed .. PLEASE SEND AN OK WHEN RECEIVED. Martha Vergara Deputy Clerk II - BMR 252-7240 10/2/2008 Martha S. Vergara From: Sent: To: Subject: postmaster@collierclerk.com Thursday, October 02, 2008 11 :11 AM Martha S. Vergara Delivery Status Notification (Relay) · 8 A.~ Attachments: ATT413209.txt; PUDA-06-AR-10294 - Naples Church of Christ ":"'1 ~ D ATT413209.txt PUDA-06-AR-l0294 (231 B) - Naples Chur... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Martha S. Vergara From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Friday, October 03,20082:51 PM To: Martha S. Vergara Subject: RE: PUDA-06-AR-10294 - Naples Church of Christ ok From: Martha S. Vergara [mailto:Martha,Vergara@collierclerk.com] Posted At: Thursday, October 02,200811:11 AM Posted To: Legals - NON Conversation: PUDA-06-AR-10294 - Naples Church of Christ Subject: PUDA-06-AR-10294 - Naples Church of Christ Here is an Ad to be placed .. PLEASE SEND AN OK WHEN RECEIVED. Martha Vergara Deputy Clerk II - BMR 252-7240 10/3/2008 Page 1 of 1 ---------------8 A I'M".")""" ,:' ,',,: , ----------,-..--.~.._..,. Martha S. Vergara From: Sent: To: Subject: Attachments: !iJ UASI2E.jpg (107 KB) Thank you for Date Publication Account Number Ad Number Total Ad Cost Pagan, Emely [EPagan@Naplesnews.com] Saturday, October 04, 2008 8:08 AM Martha S. Vergara Ad Confirmation UAS12E.jpg placing your ad. 10/04/08 NDN 744100 1743887 $478.50 \V-e.t(}(bn ; illf)7_-/~~-At~ lozr1 8 ~~III. "-----._--------'"-.....-.._~-~ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY. October 28,2008. in the Boardroom, 3rd Floor. Administra. tlan 8uiidlrg, Collier County Government Center, 3301 East Tamiaml Trail. Naples. Florida. the Board of County Commissione-rs will consider thr: enact- ment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance Is as tollows: - 8A : .10'"'" AN ORDINANCE OF THE BOARD OF COUNTY COM. MISSIONERS OF COLLIER COUNTY. FLORIDA, AMENDING ORDiNANCE NUMBER 2004.41, AS AMENDED. THE COLLIER COUNTY LAND DEVELOP- MENT CODE. WHICH ESTABLISHED THE COMP~E- HENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY. FLORIDA. BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OF MAPS BY CHANGING THE ZONING CLASsIFICA. TION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL IA) ZONING 015. TRICT TO A MIXED USE PLANNED UNIT DEVELOp. MENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES CHURCH OF CHRIST MPUD, TO ALLOW CONSTRUCTION OF A CHURCH. A PRE-K THROUGH 8TH GRADE SCHOOL, 200 UNITS AS. SOCIATEO WITH CONTINUING CARE RETIREMENT COMMUNITY AND ASSISTED LIVING FI\CILlTIES AND TWO SINGLE FAMILY DWELLING UNITS ON LIVING- STON ROAD. APPROXIMATELY.6 MILES SOUTH OF PINE RIDGE ROAD. IN SECTION 18. TOWNSHIP ,19 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FlORIDA, AND BY PROVIDING AN EFFECTIVE DATE PUDZ-200().MAR.L0294, (NC,} Naples Church of Christ Inc.. represented by D. Wayne Arnold. AICP of Q. Grady Minor and Associates, Inc.. and Richard O. Yovanovich. Esq. of GoodlettC'. Coleman. Johnson, Yovanovich and Koester. P.A.. is requesting rezon. ing from the Rural Agricultural zoniny district (A) to the Mixed Use Planned Unit Development (MPUD) zoning district to allow development of a maximum of a 1.000 member religious facility. 150 student cumulative enrollment preschool and kin- dergarten through 8th grade elementary schools. 2 single-family dwelling units. and 200 assisted living units, in a project known as the Naples Church of Christ Mixed Use Planned Unit Development (MPUD). The subiect property. consisting of 19.1 acres, if, located en the east side of Livingston Road approxirnately 0.6 miles sout!l of Pine Ridge Raad. in Section lB. Township 49 Sou~h. Rang(~ 26 East. Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspec- tion. All interested parties are invited t(l attend and bo heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to present'ltion of tile agenda item to be ad. dressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to spe...lk on behalf of i:1n organization or group is encouraged. If recognized by the Chairman. a spOkesperson for a group or organization may be aljotted 10 minutes to speak on an item. Persons wishin{J to have wrilten or graphic l1lateri. als ir'lclude-d in the Board agenda packets must submit said material a minimum of 3 weeks prior to tl18 respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to thl'? appropriate County staff u minimulIl of Sl'?ven days prior to the public Ilear- ing. All material used in prcsl'?ntations b(orore the Board will become a pennanent part of the record. Any person who decides to appeal a decisiDn of the Board will need a recorcl of tile proceedings per- taining tllereto and therefore, may need to ensure UUl.t a verbatim lecord ot tll~ proceedings is maeje. which record includes the testimony and evidence upon which the appeal is base>d. If you art' a person witll a disability who needs any accummodation In order to partiCIpate in this pro. ceeding. you are entitled. at no CO$t to you to the provision of certain assistance. Please cOntact the Collier County Facllit1es ManiJ.!',lement Departlllent. located at 3301 Talllraml TraIl East, Building w. Naples, Florida 34112. (239) 252~8380, Assisted 11s- tenlng devices for the hearing Impaired are avail. able in the COLJnty Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAlIlMAN DWIGHT E... B~OCK. CLERK ay; Martha Vergara. Deputy Clerk (SEAL) October 1.2 No. 174388"{ "~'_>''''~_''''~'_~~_'M~'_''_______''__'''''_,"_,_ ~UDL- 2ffi0 ~M-r 10694 ~1CI'(]f,""",To.OOMIIDH'Q.In. I f N_Is~.c:_~ :n~I::a'.c:; ~.,-'," "" t 330' ...tT.l\t,i.i\!II~i, N'i.ll'Ies,Flarkla,!l1o . . of COU~ COMmtsitoners" MIl, conskk!r the, ehlCt- ment of a County ,0M:I1l'WlCe. ,Ttle, rTlMttnt' wilt commence at 9:00 U.4, rm, titleOf' th. proposed Ordinance Is as follows: ' .. \ AN ORDINANCE OF THE BOARDQf COUNTY: COM- MISStONtRS OF COLLIf:R COUNTY. RIDA. AMENDING ORDINANCE HUMIER' AS: AMEHOED, THf' COLLIER' COtJNTY. OP. MENT CODE.WItfCH m_ISHEO', . HENSNE ZONINO REGw:.AtIQNS, FOR~ ~ PORATED AREA OF COLLER COWtY. ,'.BY AMENDtNQiTHE APPROPR1AT!.,,~~' , ,MAP ~,'o.M;S ~ 'Jr.A~";:N~IIlb"w.... .' FROM A RURAl. iCUL.YTUlURAL (AJ II DIS. TRlCT To A MtXE' USE:PI.ANNS) U~IT_' , 'ap.. MENT(MP\JD) IiDNIN<! DISTRICT FOIt TIlE JEeT TO BE: KNOWN ,AS THl! NA9LES:CHWtCHOfCHRIST M.7.h~~ MyW=~TI<m OF ~.. H,os: A $OCIATIO' WITH CONn~1HQ c ". ,r COMMUNItY AND ASSISno L1Y1N. . l\Ct~. TWO SlN<ILE FAMILY DWEUJllGUNlTS .' 11. STON, ROAb~ APPROXtMAm~' ,4;'MtLn.' ,- ,OF ~. t H~~.' ROtf~~~~'lf8r~ ANQBY~_NGAN T!\IEQA~ PUDZ-2006-AR-I0294, (NG) NoP/8S Ch"'l:Ch'of Christ. lne.; repres~' Iw 0; Wayne ArnolO. AICP, of O. Grady Minor and' Assoc~, Inc., a!'\d RfcharG I).' YOvanovlch, Esg, of G " " , CoJeman, Johnson. .YOvanOVlch ,and Koester; .A, is requesting rezon" lng' .w:.'l:C, ' ':Agrlcultural zoning district (A) 10- Planned Unit. Development 'MPUf)l. let to aRow devekJ~ment of It mal( , member religious' facility. 150 stud enrollment ,.preschool and' kin" derg 'grade ~'schOefS" 2- '51!1.." units, and ZOO Q:Slsttd Hvm;; '%I .' as 'tne _resCI'IUrCh -01 C st Planned Unit DeVelopment (MPUO); 'pro~, consisting of 19.1 acres.. I the east side of Livingston Road" , 0.6 miles south, of Pine Ridge =~ _.., ,_, ;;:a.M$h1P '49 SOuth, Range 16 0..":.';..'. .,':.','..,.,,,,:_"','::' ; r:lM.J~FJ"~~r.::rt'li-S NllTl:. .:,,,11' "', ,.",,,,,to_konany..anda "*".. .... . 'with 'the CO~ adn\lnJStrator 1If'1Or.. . . '. . of the _a Item jo bO ad. ~;'.I.... '. s~,W'IIt'bellrnJt:edt05 rMriutes olt"', thehlectlon Of anlncl'Mdual to speak onDehalt of an ~t;atIon or group Is encouraged. If '~ognlzed by ttIi Chairman. a spokesperson for ,&' group or oraarnzatlon may be allotted 10 minutes to speak on lin Rem; . Persons' wishing to have written of, graphic materi. als included in the Board ~'~. must submit said material.!'. minimum of 3,~ prier to the respective J:!U. bUt hearing. ft" C8$8. written materh\ls Intended to be cOnstd . bY' I:he SOard shaU be subll1ttted' to the apprl'. iLCoyQty staff a minImum of seven days prIOr Jt!'I*, IM;IDRC' hear. Ing.' All material used In presentl.'tkm.-. before .' the- 8oant'w11l become a permanent:part;ofh ~rd. Any person who Cl8Ct~ to aPDMI a dJclslon o. fthe Board will need ,a record of the prfceedll'1lP . pe.... talnlng thereto -and ,the~I1J4Y-~ to l!~re that a verbJtlmrecord of the Di'OCeiOInas Is,1ftadf!', which record Includ&t'the testlmMt.- arKI'. evidence upon,whlch the ~~fbaslid. ~ you are. a ..rs",,=w a ....~K1ty ",110 ~eed. lUly accommodatIon In 0 to partlciPafe'ln thfs pr0- ceeding. you are . .. at no cOat to yotl 10 the gOVISlon of certain assIstance.' Please contaCt the oilier County Faellltles .Management o.pariment, Cleated at 3301 Tamlaml Tr&I1 Eas~ Building W. NaRles, Florld.a 34112, (239) 252-8380. Asstst&CI lis- tening devices tor the hNrlng lmPaIredare avaU. able In the County Commissioners' Offlce. BOARD OF COUNTY COMMIS$l'oNfRS .-'- n....v.-,u JID. n._ 8A !\' R!;Ctl'mO NOV 0 3 2008 ~ I F~f,O~41' NAPLES DAlL\t'!h~~E1)EP1'It,~. 'nY. ~ORIOA Pubhshed Dailv Naples. FL 34i02 Z008 OCT V AH II: 42 Affidavit of PubltgKt~~filURTS State of Florida BY County of Collier __...._.__.____D.C. Before the undersigned they serve as the authority, personally appeared 13, Lamb. who on oath says that thev . serve as the Assistant Corporate Secretary of the Naples Dail ' a 1 dmly newspaper published at Naples, in Collier County, ), Fonda, distnbuted m Collier and Lee connties of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE in the maller of PUBLIC NOTICE "as published in said newspaper I lime in the issue On October 12"'. 200S Afli.unt further sa'\s that th~ said Naples D>,'ly" ' P hi' 'h .' - . . .. ,~ews IS a newspaper U 18 ed at ;.iaples, In collier county, Florida and that the said occwspaper has heretofore been continuously published in said Cotli-' ounty Florida" d', 'b d _ . \Of , , Is1n ute mColilerandLeccountiesofFt 'd each day d h b . on a, offi' . a~ as. een ~ntered. as ser.:ond dass mail malter at the post ,.,lce In ~aples, ~n _ said Colher County, Florida, for a period of t : ~ar n~xt prccedlllg ~~c first publication of the attached copv of a \crtlscment, and afhant further says that he has neither p"d prOlTIlscd any I' . nor , .' person, lrro Of corporation any discount reT1atc UlmffilSSlon or refund f th> . .' ' > hI'".' _ or '" purpose of s..::curmg tblS ad\'crliscmcnt for pl1 l<.;atwll tn the saId ncwspapd ~~( ( Signal re of aflian0\-~~---~- Sworn to and subscribed before me This 28"', Day Of October 2008 <, .' (Signalt ~8R '~L ~ e ~ notQ,ub~iC) . FEI 59-2578327 ~,'f.::?~H~;~... ~;~:%~~~;) . JUDY J,\NES Cr;rnml~:.3'lcn DD G75029 [),:plms M8Y 16, :2011 -l~:.J r!'nj '-'C', F .11', ',\<.,(.1",(e;' 7(-','1 NOTICE OF INTENT TO CUI.."lutH. ORDINANCE } 8A ~otice is hereby given that on TUESDAV~ Octob@r 28. 2008. In the eocwiroolT'l, 3rd Floor, Aomlnistra- tlon Building., Comer County Government Center 3301 East lamlaml Trail. NapIPS, Florida, the Board of County commissioners will consider the ~,"act- ment of a County ordinance. The meeting wlll commence at 9:00 A.M. The tItle of the proposed ordinance is as folloWS: AN ORDINANCE OF THE BOARD OF COUNTY. COM- MISSIONERS OF COlLl'ER COUNTV. FLORIDA. AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOP- MENT CODE, WHICH EST ABI.ISHED TH! caMPR&- HENSIVE ZONING REGULATIONS. FOR THE UNINCOR- PORATED AREA OF COI.UER COUNTY, fLORIDA. BV AMENDING THE APPROPRIATE ZONING ATLAS MAP of MAPS BY CHANGING THE ZONING CLASSIFICA- TION OF THE HEREIN DESCRIBED REAl. PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DIS- TRICT to A MIXED USE PLANNED UNIT DEVELOP' MENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPI.ES CHURCH Of' CHRIST MPUD. TO ALLOW CONSTRUCTION, OF A CHURCt'4t A PRE-I( THROUGH. 8TH GRADE SCHOOL. '200 UHI1'S AS- SOCIATED WITI1 CONTINUING CARE RETIREMENT COMMUNITV AND ASSISTED LIVING FACII.1TIES AND TWO SINGI.E FAMILY QWElllNG UNITS ON LIVING- STON ROAD, APPROXIMATEl.Y .6 MllE~ SOUTH OF PINE RIDGE ROAD, IN SECTION is;, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLI.IER COUNTY, FLORIDA, AND BY PROVIDING AN EFFECTIVE DATE PUDZ_2006-AR-10294. (NG) Naples Church of Christ, Inc., represented by 0, Wayne Arnold. AICP of Q. GradY. Minor and Associates, Inc., and Richard O. yovanovlch, Esq. of Goodlette, Coleman. Johnson. Yovanovich and Koester, P."'., Is requestlnQ rezon- ing ~rol1l the Rura~ Agricultural zoning dlfl:rlct (A) to the.. .MIIl.9d U.. Planned unit Develorment (MPUD) l:onln; district to allow developmen of a maximum of . 1,000 member religiOUS facility. 150 student cumull-tlve: enrollment preschool and kin- derGarten thrOI,lO.' 8th grade elementary schools, 2 single-familY: dwellti:'la. units, and 200 assisted Ill/Ing units, In 'a prol~ known as t-he Naples Church of christ, Mlxed-'. use Planned Unit . Development (MpUD). T"" sublett propertY, conSisting of 19.1 acres. is locat~d_cli the east side of Livingston Road apptoxlmat"N', 0.6 miles south of Pine Ridge Road, in section 1 'Township 49 South. Range 26 East, Comer County: lorlda. copl'S of the proposed Ordinance are on file witll the Clerk to the soard and are available. for inspec- tion, All Interested parties are invited to att~nd and be heard. NOTE: A.\I persons wishing to speak on any agenda item must register with the County administrator prior to presentatlOn of the agenda item to be ad. dressed. IndMduaL speakers will be limited to 5 minutes on any Item. 1he selection of an individual to speak on behalf of an organization or groUP i'" encouraged. If recognizl:'d by the Chairman. a .;.pokespersoll for a group or organ~zatlon- may bt' allotted 10 minutes to speak on an 1tem. Persons wishing to have written or graphiC materi- als included in the Board agenda packets must submit said material' a minimum of 3 weeKs pr'lor to the rf'sPf!ctlve publiC hearing. In any case, writtf'n materials Intended to be considared by the Board shall be submitted to the appropriate County staff a minimum of sevel'l days prior to the public h~ar- lng, All material used 10 presentations before the Board will become a permanent part of the record; Any person who decides to appeal a declslon of the Board will need a r~cord of th~ proceedings per- taining thereto and therefore. may need to ensure that a verbatim record of the proceedings Is made. which .record Includes tM testImony and evidence upon which the appeal Is based. \f yoU ;.Ire a person with a disability who nepdS ailY accommodatlon In order to participate in tlll!; pro- ceeding, yOU are entitled. at no cost to you to II,e provision of certain assistance, Plea!'.e contact the Collier Count)' Facilities Managen,ent Df'partmf'nt. located at 3:301 Tarniaml Trail East, Building W. !'laplE'S, Florida 34112, (239) 252-1:1380. ASsisted lis- tening deVIces for the hearing impaired are avail- ablp in thf' county commissioners' office. BOARD GF COUNT'{ COMMISSIONERS COlLlER CQUNT'l'. flORIDA 10M Hf.NNING, CHAIRMAN DWIGHT E. BROCK. CLERK Fly: Martha VNgara. Deputy clerk 5EALl _L/.itnf1Pr'" No 17<1)!<l-'/ Account # 068779 October 1, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2006-AR-I0294 - Naples Church of Christ Dear Legals: Please advertise the above referenced notice on Sunday, October 12, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. # 4500096189 'SA ItJA NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, October 28, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OF MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES CHURCH OF CHRIST MPUD, TO ALLOW CONSTRUCTION OF A CHURCH, A PRE-K THROUGH 8TH GRADE SCHOOL, 200 UNITS ASSOCIATED WITH CONTINUING CARE RETIREMENT COMMUNITY AND ASSISTED LIVING FACILITIES AND TWO SINGLE FAMILY DWELLING UNITS ON LIVINGSTON ROAD, APPROXIMATELY .6 MILES SOUTH OF PINE RIDGE ROAD, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BY PROVIDING AN EFFECTIVE DATE PUDZ-2006-AR-10294, (NG) Naples Church of Christ, Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, Inc., and Richard D. Yovanovich, Esq. of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., is requesting rezoning from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MPUD) zoning district to allow development of a maximum of a 1,000 member religious facility, 150 student cumulative enrollment preschool and kindergarten through Sth grade elementary schools, 2 single-family dwelling units, and 200 assisted living units, in a project known as the Naples Church of Christ Mixed Use Planned Unit Development (MPUD). The subject property, consisting of 19.1 acres, is located on the east side of Livingston Road approximately 0.6 miles south of Pine Ridge Road, in Section lS, Township 49 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. "SA by Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ~~~'-~""~"-', 'eOblpJy~,pfeQllier CLERK OF THE C~RCtJIT COURT COLLIER COUNTY tOURT)-IOUSE 3301 TAMIAMI T~IL EAST PO. BOX 413044 , NAPLES, FLORIDA 3410 1-3044 3)( tR 'SA Clerk of Courts Accountant Auditor Custodian of County Funds October I, 2008 Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. Richard Y ovanovich 4001 Tamiami Trail North Suite 3 Naples, FL 34103 Re: PUDZ-2006-AR-I0294 - Naples Chruch of Christ Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12,2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colliercIerk.com Fax (239) 252-2755 Email: collierclerk@colliercIerk.com Dwight E. Brock Clerk of Courts . COlllp:!y,ofCqllier CLERK OF THE C~RCUIT COURT COLLIER COUNTY .cOURTHOUSE 3301 TAMIAMI f\l.AlL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3Q44 "SA c) 1;:. Clerk of Courts Accountant Auditor Custodian of County Funds October I, 2008 Naples Church of Christ, Inc. 12740 Livingston Rd. Naples, FL 34105 Re: PUDZ-2006-AR-I0294 - Naples Chruch of Christ Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~ Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 8 A THE BOARD 01<' COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . Print on pink paper. Attach to original document Original documents should be hand delivered 10 th..: Board Office. The complelcd routing slip and original documents are to be forwarded to the Board Ollicc only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. [hhe document is already complete with the exec tion of the Chairman's si nature, draw a line thrall h routin lines # 1 thrall 1 #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Datc List in TOUtiO order / 1. Judy Puig Administration D8 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one afthe addressees ahove, including Sue Filson, need to contact stall' for additional or missing information. All original documents needing the hairman's signature arc to he delivered tu the Bee office only after the Bee has acted 10 approve the item. 6. Minutes and Records Clerk of Court's Office 239-252-2484 8.A. Yes (Initial) N/A(Not A licable) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Nancy Gundl ,A P Phone Number no. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised I .26JJ5, Revised 2.24.05 October 28. 2008 Agenda Item Number Planned Unit Development '1"00..../R (d.t-"" Number of Original Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to bc signed by thc Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages ITom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ncgotiated contract datc whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions arc nullified. Be aware of our deadlines! The document was approved by the BCe on enter date) and all changes made during the meeting have been incorporated in the attached doc.umcot. The Count Attorne 's Office has reviewed the chao es, if a licable. 2. 3. 4. 5. 6. SA MEMORANDUM Date: November 18,2008 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2008-62 Enclosed please find one copy of the document referenced above, Agenda Item #8A, adopted by the Board of County Commissioners on Tuesday, October 28, 2008. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure 8A MEMORANDUM Date: November 18,2008 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2008-62 Attached, please find one (1) copy of the document referenced above (Agenda Item #8A), as approved by the Board of County Commissioners on Tuesday October 28, 2008. If you should have any questions, please call me at 252-8411. Thank you. Enclosure ORDINANCE NO. 08- 62 8A AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES CHURCH OF CHRIST MPUD, TO ALLOW CONSTRUCTION OF A CHURCH, A PRE-K THROUGH 8TH GRADE SCHOOL, 200 UNITS ASSOCIATED WITH CONTINUING CARE RETIREMENT COMMUNITY AND ASSISTED LIVING FACILITIES AND TWO SINGLE FAMILY DWELLING UNITS ON LIVINGSTON ROAD, APPROXIMATELY .6 MILES SOUTH OF PINE RIDGE ROAD. IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, Esq., of Goodlette, Coleman and Johnson P.A., representing Naples Church of Christ, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Naples Church of Christ MPUD, to allow construction of a church, a pre-k through 8th grade school, 200 units associated with continuing care Page I SA , ..~ retirement community and assisted living facilities and two single family dwelling units on Livingston Road, approximately .6 miles south of Pine Ridge Road in accordance with the Naples Church of Christ MPUD Document, attached hereto as Exhibits "A" through "F", and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 2b.Jh day of~, 2008. 'i",:f-/;7_ ATTOO'r: . ". ." DwiGHT E. BRO!3l(. Clerk ~.,p~~~ . . .. ~ , Deputy Clerk At (. '" " "'l,(;M I rlII4l1 , Signature 00'" Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIE~ rTYlfRlDA . By: .-J'{;1.- ~~ . TOM HENNING, Ch~ L.LJtL Steven T. Williams Assistant County Attorney Attachments: Exhibit "A" - Permitted Uses Exhibit "B" - Development Standards Exhibit "c" - Conceptual Master Plan Exhibit "D" - Legal Description Exhibit "E" - Requested Deviations Exhibit "F" - Developer Commitments CP:08-CPS-00867\RevisedOrd092908 Page 2 8A NAPLES CHURCH OF CHRIST MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) TABLE OF CONTENTS LIST OF EXHIBITS PAGE EXHIBIT A PERMITTED USES 2-4 EXHIBIT B DEVELOPMENT STANDARDS 5-7 EXHIBIT C CONCEPTUAL MASTER PLAN 8 EXHIBIT D LEGAL DESCRIPTION 9 EXHIBIT E LIST OF REQUESTED DEVIATIONS 10 EXHIBIT F LIST OF DEVELOPER COMMITMENTS 11 EXHIBIT A FOR NAPLES CHURCH OF CHRIST MPUD I 8A PERMITTED USES The Naples Church of Christ MPUD will be developed as a mixed use project. which may include a mix of community facility and residential land uses. including but not limited to, a 1,000 member religious facility, a 150 student total enrollment preschool and kindergarten through 8th grade elementary schools, a maximum of 2 single family. and up to 200 assisted living facilities [ALF), continuing care retirement communities (CCRe) and independent living units for age 55 plus and senior housing. The maximum size of the continuing care retirement communities, ALF and independent living units for age 55 plus and similar facilities shall not exceed a floor area ratio [FAR) of 0.6 with a maximum of 200 units. 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: Community Facility j Residential (CFjR) Tract A. Principal Uses: 1. Single family dwellings (maximum of 2. existing only). 2. Assisted living facilities (ALF). continuing care retirement community (CCRC), independent living facilities for seniors over age 55. 3. Parking, water management and recreation uses accessory to the church/school uses permitted on the CF Tract. No formal ballfields. courts or other similar recreational uses or lighted outdoor recreational facilities may be constructed. No outdoor recreational use may occur no earlier than sunrise and not beyond 9:00 p.m. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses. as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: 1. Customary accessory uses and structures including but not limited to private garages. tennis facilities. clubhouse. outdoor recreation facilities and swimming pools with or without screened enclosures. 2. Water management facilities/lakes. COCMPUD ARI0294 (Rev 16)BCC 2 SA 3. Project sales and administrative offices which may occur in a residential or recreational building and or in a temporary building until such time as permanent structures are available. All such facilities will be permitted in compliance with Section 5.04.03 of the Collier County Land Development Code (LDC). 4. Personal services. dining. private restaurant/lounge. skilled nursing and other uses incidental to ALF and CCRC uses. 5. Outdoor recreational facilities such as swimming pools. tennis courts. unlighted playfields. playgrounds and similar facilities. 6. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) through the process outlined in the LDC. C. Operational Characteristics for Independent Living Units for Persons Over Age 55: The developer of independent living units, its successors or assigns, shall provide the following services andlor be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site managerlactivities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures. movies. music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. Community Facility (CF) Tract A. Principal Uses 1. Church (House of Worship) COCMPUD AR10294 (Rev 16)BCC 1 SA B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1 . Accessory uses and structures customarily associated with the principal uses permitted in this District. such as parsonage. child care (in conjunction with church services only). multi-purpose buildings, indoor and outdoor recreational uses and facilities. 2. Educational facilities. limited to preschool and kindergarten through 8th grade elementary schools. c. FP&L Easement area: Uses permitted within the FP&L Easement may include overflow parking. drive aisles. water management. open space and recreational uses. Prior to site development plan approval within the FP&L Easement. authorization from FP&L shall be provided to Collier County. Preserve Tract A. Principal Uses: 1. Native vegetation preserve. 2. Any other conservation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. 3. Any clearing required to facilitate these uses shall not reduce the minimum required native vegetation. B. Accessory Uses: 1. Boardwalks, nature trails. shelters. and other uses permitted within dedicated preserves by the LDC. 2. Any other conservation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. 3. Any clearing required to facilitate these uses shall not reduce the minimum required native vegetation. COCMPUD AR10294 (Rev 16)BCC 4 EXHIBIT B FOR NAPLES CHURCH OF CHRIST MPUD . BA DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the Community Facility / Residential (CF/R) Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LOC in effect as of the date of approval of the site development plan (SOP) or subdivision plat. TABLE I COMMUNITY FACILITY/RESIDENTIAL (CF/R) DEVELOPMENT STANDARDS PERMITTED USES AND STANDARDS ALF /CCRC/lndependent Living for Age 55 PRINCIPAL STRUCTURES . Minimum Lot Area 1 acre Lot Width 150 feet Minimum Floor Area NIA Front Yard 20 feet Side Yard 15feet or'!2 BH'l Rear Yard 20 feet Preserve 25 feet Minimum Distance Between Structures 15 feet' Maximum Building Height 4 stories not to exceed Zoned 50' Actual 55 feet ACCESSORY STRUCTURES2 Front S.P.S. Side S.P.S. Rear (attached) 10feet [detached) 20 feet Preserve 10feet -. Maximum Building Heights Zoned 25 feet Actual 35 feet COCMPUD AR 1 0294 (Rev 16)BCC 5 8A S.P.S.: Same as Principal Structures. BH: Building Height. Building setbacks shall not encroach into required landscape buffers. GENERAL: Except as provided for herein. all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines. or between structures. Condominium, andlor homeowners' association boundaries shall not be utilized for determining development standards. 1. 15 foot. or one half of the sum of the heights of adjacent buildings. measured from the exterior walls, which ever is greater. 2. Any accessory structures(s) associated with the temporary use of the CF/R Tract related to churchlschool related functions shall meet the minimum yard requirements as specified for ALF/CCRC uses. COCMPUD ARI0294 (Rev 16)BCC (, SA Table II below sets forth the development standards for land uses within the Community Facility (CF) Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE II DEVELOPMENT STANDARDS FOR COMMUNITY FACILITY (CF) DISTRICT PERMITTED USES AND STANDARDS Church and Related Uses PRINCIPAL STRUCTURES Minimum Lot Area NIA Lot Width N/A Minimum Floor Area 1.000 SF Front Yard 50 feet Side Yard 25 feet Rear Yard 15 feet Preserve 25 feet Minimum Distance Between Structures 12 feet Maximum Building Height Zoned 50 feet Actual 60 feet to top of roof And a maximum additional 12 feet for cupola andlor spire and steeple ACCESSORY STRUCTURES Front S.P.S. Side S.P.S. Rear (attached) 10feet (detached) 15 feet Preserve 10feet Maximum Building Heights Zoned S.P.S. Actual S.P.S. S.P.S.: Same as Principal Structures. BH: Building Height. Building setbacks shall not encroach into required landscape buffers. COCMPLJD AR10294 (Rev 16)BCC 7 """'11'" In'.a~"nu(S[[_'ou," , ,,' f;~ , , ' ' ) . , ' ';' , ',',: .,' )j '.' ), '. '!: '. '~, " .)' " ~~J " ',~ ~ , '~ , " '~ ~~~~ .. Yo U , '.. !, I i, ~ ~'~ [J' [J "'''lDlTrr''BBUIH;M{'",,"''''"ll'"' -~~.....~, -,-,- - - ~~~L::"'-~~":'_. ~- "" ~. ~~ I I I I I I I I'. s, I i= ~, I ~~ I ~~ ! " .. Yo U ., '" ~;: .. ~'" U~ , ...Il [J I I L I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I " I .. .,- -,-,- -, ~=;:'~~;:'=c=;:'=;:'=;:'7,-i:,=:=.:=c===~, Yo U I' ~J'\6/-~ .1 ! '10 ~:l I !' I , I 1) '--~f o o G ('1___ o o o o !I' ;, ! ~ !1I ;1 ' ri L//'-~J- 'JO[j '=')r~ ~n , I~ ,. - -,-, aYOH H0.1S9NI^11 ! i i ~ ,I !. I I I I I I I I I I 'I I I I ~ II f f' ;- II ~ ~ ~~ ~3 /~~~-~~~ Co ~~ ) 'l I I I D D ~ I I I .J -, I I , I !-'- I J- J D J -,- -,-'.,- ~-- =~_""T,',~ " H '...1 o ~ ~ ~ L. f- ~ ~ 0< ~ . '-' ut;: u.. :::;% ::) en'" :c ;r:-' u ><~ ~ '.LJJ i ~ u ~ ~ ~ ~ ~ z . . > o . ; 8A ! 1 ~ o c , ..: ~. ~~1 "" ~, f- ~: .:H: u'i' ~ ~;~ z., ~~n i:::~!i ....: , , f;; , " " , , , 1 ! , , , , ~ ~ ~ ~;: ; HHH UiHP OHH '] - Hn~ ~ I -L , , ~I: , ~ ~ ~ 5- , EXHIBIT D FOR NAPLES CHURCH OF CHRIST MPUD J B A LEGAL DESCRIPTION The subject property being 19.1:t acres is located in Section 18. Township 49 South, Range 26 East, and is more fully described as follows: The south one-half of the northwest one-quarter of the southwest one-quarter of Section 18, Township 49 south, Range 26 east. Collier County. Florida. less and except that portion for right-of-way of Livingston Road, pursuant to order of taking, recorded in O.R. Book 2836. Page 412, of the Public Records of Collier County. Florida. COCMPUD AR10294 (Rev 16)8CC " EXHIBIT E FOR NAPLES CHURCH OF CHRIST MPUD SA LIST OF REQUESTED DEVIATIONS 1. Deviation # 1 seeks relief from LDC Subsection 4.05.04.G, Table 17. Parking Space Requirements, which requires Child Care Centers to provide 1 parking space per employee. plus 1 space for every 10 children. and Elementary Schools to provide 5 parking spaces per 4 facultylstaff, to allow the proposed religious facility. preschool and kindergarten through 8th grade elementary schools to share the parking provided for the church use. 2. Deviation #2 seeks relief from LDC Subsection 4.06.02.CA. Table 2A. buffer requirements. which requires alternative type A and B buffers to require no buffer between the CF/R and CF tracts. unless the CF/R tract is developed by any entity that is not owned or controlled by the church. then the buffer requirement for the CF/R tract would be per the LDC. 3. Deviation #3 seeks relief from LDC Subsection 5.03.02.E.2, Fences and walls. which requires placement of a concrete or masonry wall between non- residential and residential development to allow the Church of Christ MPUD to provide a Type B buffer with a concrete or masonry wall or fence along the northern boundary from the preserve tract west to the Livingston Road Right-of- way and along the southern property line from the terminus of the wall located at Aviano of Naples. east to a point where the Aviano preserve width is approximately one hundred three feet (103'). COeMPtlD ARI0294 (Rev 16)BCC ]0 EXHIBIT F FOR NAPLES CHURCH OF CHRIST MPUD SA LIST OF DEVELOPER COMMITMENTS Regulations for development of the Naples Church of Christ MPUD shall be in accordance with the contents of this MPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this MPUD Ordinance does not provide development standards. then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. 1. TRANSPORTATION A. A vehicular interconnection between the CF and CF/R Tracts must be provided at the time of site plan approval. B. Within one year of issuance of certificate of occupancy (CO) for the church. the developer shall analyze the project's peak event traffic to identify any operational failures attributable to this project. If an operational failure is found, then the developer, his successors, or assigns shall be responsible to mitigate those failing movements via alteration of the traffic light timing. the addition or modification of tum lanes or other mitigation efforts as deemed necessary by the Transportation Division to accommodate the project's traffic. 2. ENVIRONMENTAL A. A minimum of .81 acres of preserve area are required for this MPUD(5.41 acresx.15=.81). COCMPUD AR 1 0294 (Rev 16)BCC ]1 BA STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-62 Which was adopted by the Board of County Commissioners on the 28th day of October, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 4th day of November, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Bo~~rl,of , "illrn.3. 1.- County comm~ssfotJit).ers~c'.{,:o, /''':- ,ij ., --: '88 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal LeKal Advertisement Other: (Display Adv., location. etc.) ..-....................................................*...- Petition No. (If none. give brief description); DRICLO.2008.AR-13 181 ....-......................- ~;I~~ shire Lakes PUD (DRI) Originating DeptJ Div: Comm.Dev.Serv.lPlanning Person:Melissa Zone Petitioner; (Name & Address); Dwight Nadeau. RWA.lnc.. 6610 Willow Park Dr.. Naples. FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) John 1. AgneUi, Power Corporation, 3050 N. Horseshoe Dr., Suite 105. Naples. FL 34104; C. Lane Wood, Salvatori & Wood, P.L.. 4001 Tamiami Trail N.. Suite330. Naples. FL 34103; Ken Metcalf. AICP, Greenberg Traurig, 101 E. College Ave.. Tallahassee. FL 32302 Hearing before Bee BZA Other Requested Hearing date: Julv 22. 2008 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: DRICLO-2008-AR-1318I. John J. Agnelli of Power Corporation represented by Dwight Nadeau of RWA, Inc.. is requesting a Closeout of Berkshire Lakes Development Regional Impact (DRI). Subject property is located in the Berkshire Lakes Planned Unit Development (PUD) in the Berkshire Commons, in Sections 32 and 33. Township 49 South. Range 26 East, and Section 5, Township 50 South, Range 26 East, Collier County. Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advenising cost? Yes PO # 4500085418 No If Yes, what account should be charged for advertising costs: R~Yn.~ ~/~kd' Department Head Date ' Approved by; County Manager Date List Attachments: DISTRIBUTION INSTRUCfIONS A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County ManaKer. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .~...*.*****.....***.****....*.*....***.**.******...........***...................................... FORCLERK.~~~~r ~SEONLY: '1{~{}Jd i Date Received: ~ Date of Public hearing: ~ Date Advertised: ~ ISB RESOLUTION NO. 08. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DENYING THE DEVELOPMENT OF REGIONAL IMPACT CLOSING OUT OF DEVELOPMENT ORDER 83-1, AS AMENDED, FOR BERKSHIRE LAKES PUD (DRI), LOCATED IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; FINDING AND DETERMINING THAT A CLOSEOUT OF BERKSHIRE LAKES DEVELOPMENT REGIONAL IMPACT (DRI) OF THE PREVIOUSLY APPROVED DEVELOPMENT ORDER CONSTITUTES A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order Number 83-1 on August 16, 1983, which approved a Development Order known as Berkshire Lakes; and WHEREAS, the Board of County Commissioners approved amendments to the DRI in Resolution Numbers 85-165, 86-110, 87.275, 91-448, 92-676, 94-677 and 94-678; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property desire to Closeout Berkshire Lakes Development Regional Impact (DRI); and WHEREAS, Dwight Nadeau of RWA, Inc. representing John J. AgneIli of Power Corporation. petitioned the Board of County Commissioners of CoIlier County, Florida, to closeout the Development Order; and .''''891'>>' 'j WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of staff and held a public hearing on the petition on July 22, 2008, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the proposed closeout to the Berkshire Lakes Development of Regional Impact (DRI), as described in Petition DRICLO- 2008-AR-13181, noted as Exhibit "A" attached hereto and made a part hereof, constitutes a substantial deviation requiring further Development of Regional Impact review, because the owners of the DRI propose to increase commercial development by 73,100 square feet which exceeds the threshold set forth in Section 380.06(19), F.S. BE IT FURTHER RESOLVED that the Board of County Commissioners denies the closeout of the Berkshire Lakes DR!. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of ,2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk BY: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney DRICLO-2008-AR- 13 I 8 IIMZlsp HFAC 6/24/08 Page 1 of 1 8B~U~ll Martha S. Vergara From: Zone Melissa [MelissaZone@colliergov.net] Sent: Friday, June 27. 2008 11 :57 AM To: John Agnelli; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records; Phillips, Sharon; Puig, Judy; RamirezHeather Cc: C Lane Wood; MetcalfK@gtlaw.com; Dwight Nadeau; IstenesSusan; SchmittJoseph; Ashton, Heidi Subject: DRiClO-08-AR-13181 Berkshire lakes DRI This email is to advise everyone that the applicant is requesting a new BCC hearing date. The original hearing date was July 22, 2008 and is now scheduled for the BCC hearing on September 23, 2008. Melissa Zone Principal Planner Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239.252-2958 (phone) 239-530-6372 (fax) From: John Agnelli [mailto:johnA@powercorp.net] Sent: Friday, June 27, 2008 11:31 AM To: ZoneMelissa Ce: C lane Wood; MetcalfK@gtiaw.com; Dwight Nadeau Subject: Melissa, Please accept this as confirmation that we agree to the rescheduling of our EBOA hearing in front of the Collier County BCC until September. Thank you, John John J. Agnelli Senior Vice President Power Corporation Office: 239-775-2230 Cell: 239-285-0345 Fax: 239-775-1398 7/1/2008 DRICLO-2008-AR-13181 Berkshire Lakes PUD Page 1 of1 8 B It~"t>'~ Ann P. Jennejohn From: ZoneMelissa [MelissaZone@colliergov.net] Sent: Thursday, July 24, 2008 4:40 PM To: Ann P. Jennejohn Subject: RE: DRICLO-2008-AR-13181 Berkshire Lakes PUD Hi Ann, we are still moving forward with a hearing date of Sept 23 but I plan to revise the title, so disregard the old tille and we will resend a new request for advertisement. Melissa Zone Principal Planner Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239.252.2958 (phone) 239-530.6372 (fax) From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com] Sent: Thursday, July 24, 2008 4:37 PM To: ZoneMelissa Subject: DRICLO-2008-AR-13181 Berkshire Lakes PUD Hi Melissa, Could you tell me if the Berkshire Lakes PUD (DRI) wi/I stIJl go before the Board on September 23, 2008? If so, we would advertise on September 7th. And wi/I you be sending us a new request for advertising or should we use the one that you sent to us in June? I didn't know if there were any changes being made................ Please get back to me when get a chance. Thanks Melissa, Ann Senior Clerk to the Board Minutes & Records Department 252-8406 (ann.jennejohn@collierclerk.com) 7/24/2008 18B ACCT. #1230 September 2, 2008 Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: DRICLO-2008-AR-13181; Berkshire Lakes PUD (DRI) Dear Legals: Please advertise the above referenced petition on Sunday, September 7, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500085419 18B NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 23, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DENYING THE DEVELOPMENT OF REGIONAL IMPACT CLOSING OUT OF DEVELOPMENT ORDER 83-1, AS AMENDED, FOR BERKSHIRE LAKES PUD (DRI), LOCATED IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; FINDING AND DETERMINING THAT A CLOSEOUT OF BERKSHIRE LAKES DEVELOPMENT REGIONAL IMPACT (DRI) OF THE PREVIOUSLY APPROVED DEVELOPMENT ORDER CONSTITUTES A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMOACT REVIEW. PETITION: DRICLO-2008-AR-13l8l, John J. Agnelli of Power Corporation represented by Dwight Nadeau of RWA, Inc., is requesting a Closeout of Berkshire Lakes Development Regional Impact (DRI). Subject property is located in the Berkshire Lakes Planned Unit Development (PUD) in the Berkshire Commons, in Section 32 and 33, Township 49 South, Range 26 East, and Section S, Township SO South, Range 26 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing to the Board prior to the public hearing. All persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 ';~8B to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts '!eO;~iy~6r~Qllier L",/, ' CLERK OF THE C~RCtJIT COURT COLLIER COUNTY .COURTHOUSE 330 I TAMIAMI mIL EAsT P.O. BOX 4\3044 . NAPLES, FlORIDA~4101-3q44 "H~ iT. 18B Clerk of Courts Accountant Auditor Custodian of County Funds September 4, 2008 Power Corporation John 1. Agnelli 3050 N. Horseshoe Dr. Suite 105 Naples, Florida 34104 Re: DRICLO-2008-13181; Berkshire Lakes pun (DRI) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, r- D~~~~ ~~rk~ ioz ~~ Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts \et;~fyorCQllier t'd"', " CLERK OF THE CIRCUIT COURT COLLIER COUNTY,tOURTflOUSE 3301 TAMIAMI ~IL EAsT P.O. BOX 413044 NAPLES, FLORlDA'j41 0 1-3q44 laB ,. "'C~y:,: Clerk of Courts Accountant Auditor Custodian of County Funds September 4, 2008 Greenberg Traurig Ken Metcalf, AICP 101 E. College Ave., Tallahassee, Florida 32302 Re: DRICLO-2008-13181; Berkshire Lakes PUD (DRI) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~ln"I~ ~k \~ki, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts ;e~~~~.tjofeQllier L '" CLERK OF THE C~RCtJIT COURT COLLIER COUNTY COURrHOUSE 330 I TAMIAMI 1'H-A1L EAsT PO. BOX 4b044 . NAPLES, FLORIDA'\4101-3044 ,I. -'i~t,C 188 Clerk of Courts Accountant Auditor Custodian of County Funds September 4, 2008 Salvatori & Wood, P.L. e. Lane Wood 400 I Tamiami Trail N. Suite 330 Naples, Florida 34103 Re: DRICLO-2008-13181; Berkshire Lakes PUD (DRI) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23,2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK '" fJ I , , . aJMfJ4(C1 ~ '~aski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts ;^--'-""--"'-~-', ;eownfy.6fc!Qllier t.._'>"'~ ' CLERK OF THE GIRCtJIT COURT COLLIER COUNTYCOURffIOUSE 3301 TAMIAMI~AILEAS,T PO. BOX 41.3044 NAPLES, FLORIDA\41 0 1-3q44 }~ i:rr:;' '88 Clerk of Courts Accountant Auditor Custodian of County Funds i;~ September 4, 2008 RWA, Inc. Dwight Nadeau 6610 Willow Park Dr. Naples, Florida 34109 Re: DRICLO-2008-13181; Berkshire Lakes pun (DRI) Dear Petitioner; Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2008. You are invited to attend this public hearing. Sincerely, DWJGH1:~~~ ~I"'ki' Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com DRlCLO-2008-AR-13l81 Page 1 of2 'SB Teresa L. Polaski From: Sent: To: RamirezHeather [HeatherRamirez@colliergov.net] Tuesday, September 02, 2008 10:08 AM Teresa L. Polaski Subject: RE: DRICLO-2008-AR-13181 I'll let you know. I te3ther L. Ramirez Planning .l'cchni('ian )252-2930 From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Tuesday, September 02, 2008 10:07 AM To: RamirezHeather Subject: RE: DRICLO-2008-AR-13181 It would need to be sent tomorrow by noon. Also, we received the new title but does she want the old Resolution used? Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierc lerk. com) From: RamirezHeather [mailto:HeatherRamirez@colliergov.net] Sent: Tuesday, September 02, 2008 10:03 AM To: Teresa L. Polaski Cc: ZoneMelissa Subject: RE: DRICLO-2008-AR-13181 Let me send this to Melissa. What is your deadline for her to let you know') Heather L. Ramirez Planning Technician 1239)252-2930 From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Tuesday, September 02, 2008 10:02 AM To: RamirezHeather Subject: DRICLO-2008-AR-13181 9/2/2008 DRlCLO-2008-AR-13181 Page 2 of2 Hi Heather, Do you still want this advertised. I thought you said it might be continued, if not I will need to send it NDN today. Just let me know. Thanks 8B Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@eollierelerk.eom) 9/2/2008 ORlCLO-2008-AR-13181 Page I ofl ISB Teresa L. Polaski From: Sent: To: RamirezHeather [HeatherRamirez@colliergov.net] Wednesday, September 03, 2008 9:52 AM Teresa L. Polaski Cc: ZoneMelissa Subject: FW: DRICLO-2008-AR-13181 Teresa, Go ahead and send the ad to NON. 1 still haven't hcard anything yet Irom Melissa. As soon as I do I will call you to kill the ad. As of right now though I still do not have the final word. He"ther L Ramirez l)lanning'rcchnIGlan C39)252-29.J0 From: RamirezHeather Sent: Tuesday, September 02, 2008 10:03 AM To: 'Teresa L. Polaski' Cc: ZoneMelissa Subject: RE: DRICLO-2008-AR-13181 Let me scnd this to Melissa. What is your cleadline for her (0 let you know') Heather L Ramirez Planning ;lcchniclan (239)252-2930 From: Teresa L. Polaski [mailto:Teresa,Polaski@collierclerk.com] Sent: Tuesday, September 02, 2008 10:02 AM To: RamirezHeather Subject: DRICLO-2008-AR-13181 Hi Heather, Do you still want this advertised. I thought you said it might be continued, if not I will need to send it NDN today. Just let me know. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa. Po laski@collierclerk.com) 9/3/2008 Teresa L. Polaski 88 !; '1' , To: Subject: legals@naplesnews.com DRICLO-2008-AR-13181 Attachments: DRICLO-2008-AR-13181 .doc; DRICLO-2008-AR-13181 .doc Legals, Can I still get this in? Please advertise the following on Sunday September 7, 2008. Thanks ~ f!!J .~ i3 DRICLO-2008-AR DRICLO-2008-AR -13181.doc (28 K... -13181.doc (28 K... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 1 Teresa L. Polaski t 8D From: Sent: To: Subject: postmaster@collierclerk.com Thursday, September 04, 2008 10:05 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT87655.txt; DRICLO-2008-AR-13181 1~,l ~ B.~ .., , ..'--:'. A TT87655.txt DRICLO-2008-AR (231 B) -13181 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 DRICLO-2008-AR-13181 Page 1 of 1 88 Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Thursday, September 04, 2008 3:36 PM To: Teresa L. Polaski Subject: RE: DRICLO-2008-AR-13181 OK From: Teresa L. Polaski [mailto:Teresa,Polaski@colliercierk.com] Posted At: Thursday, September 04, 2008 10:05 AM Posted To: Legals - NDN Conversation: DRICLO-2008-AR-13181 Subject: DRICLO-2008-AR-13181 Legals, Can I still get this in? Please advertise the following on Sunday September 7, 2008. Thanks <<DRICLO-2008-AR-13181.doc>> <<DRICLO-2008-AR-13181.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 9/4/2008 Teresa L. Polaski ~~8B From: Sent: To: Subject: Attachments: !!1 UAS9E5.jpg (82 KB) Thank you for Date Publication Account Number Ad Number Total Ad Cost Pagan, Emely [EPagan@Naplesnews.com] Thursday, September 04, 2008 3:42 PM Teresa l. Polaski Ad Confirmation UAS9E5.jpg placing your ad. 09/04/08 NDN 500248 1736217 $340.90 1 NOTICE OF PUBLIC HEARING Notice Is hereby given that the Boar.d of County Commissio.ners of Collier County will hall::! apublJc hearing on Tuesday, September 23,2008, in the E3oardroom. 3rd Flo~)r, A.dministration Building, Cal- Iler CountY Government Center. 3301 East Tamiami Trail, Naples. Florida. The meeting will begin at 9:00 A.M. A RESOL.UTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLlERCOUNTY, FLORIDA. DENYING THE DEVELOPMENT OF REGIONAL IMPACT CLOSING OUT OF DEVELOPMENT ORDER 83,1, AS AMENDED. FOR BERKSHIRE LAKES PUD (DRt). LOCATED IN SEC- TIONS .32 AND 33. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA; FINDING AND DE- TERMINING THAT A CLOSEOUT OF BERKSHIRE LAKES DEVELOPMENT REGIONAL IMPACT (DRI) OF THE PREVI,OUSLY A.PPROVED OEV~LOPMENT ORDER CONSTITUTES A SUBSTANTIAL DEVIATION REQUIR- ING FURTHER DEVELOPMENT OF REGIONAL IMOACT REVIEW. PETITION: DRICLO-2oo8-AR-13181, John J. Agnelll of Power Corporation represented by Dwight Nadeau of RWA, Inc.. Is requesting a Closeout of Berkshire Lakes Development Regional Impact (ORr). Subject property is located in the Berkshire Lakes Planned Unit Develppment (PUD) in the Berkshire Commons, In Section 32 and 33. Township 49 South. Range 26 East. and Section 5. Township 50 South. Range 26 East, Collier County, Florida. All interested parties are invited to attend. to regis- ter to speak and to submit their objectiOns. if any, in writing to the Board prior to the public hearing. All persons wishing to have written or graphic ma- terials included in the 8(lard agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hear- ing. All material used in presentations before the Board wm become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to en- sure that a verbatim record of the proceedings is made, which record 'lncludes the testimony and evidence upon Which the appeal is based. If YOLl are a person with a dlsabUlty who needs any accommodation in orderto partiCIpate in this pro- ceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Dep.<\rtment, located at 3301 Tamiami Tr<'iil East, BUIlding W. Naples., Florida 34112. (239,252-8380. Assisted lis- tenin.g devices for the hearing impaired are avail. able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIPA TOM HENNING. CHAIRMAN DWIGHT E. BROCK. CLERK By: Teresa Polaski, Deputy Cler'k (SEAL) September 7 No. 1736217 ~ 88 13181 Page 1 of 1 Teresa L. Polaski 88 From: MossJohndavid [JohndavidMoss@colliergov.net] Sent: Tuesday, September 09, 2008 9:08 AM To: Ashton, Heidi; Bellows, Ray; Brock, Mary; Filson, Sue; IstenesSusan; Klatzkow, Jeff; LeaSandra; Minutes and Records; Phillips, Sharon; Puig, Judy; RamirezHeather; Student, Marjorie; WrightJeff Subject: 13181 All, This petition is Melissa Zone's, who is out on leave. Due to an advertising error, this item is being continued lrom the 9/23 BCC to the 10/14 BCC. Thanks, Jolin-(j)avUf :Moss, AICP Principal Planner Zoning & Land Development Review Community Development & Environmental Services 2800 N. Horseshoe Drive, Naples, FL 34104 tel. 239.252.4237 fax 239.252.6968 9/9/2008 Teresa L. Polaski ~~8B To: Subject: RamirezHeather DRICLO-2008-AR-13181 Hi Heather, I know this has been continued to Oct 14th. Will it need to be re-advertised? If so will it be advertised with the reso or not? If you could let me know, I'd appreciate it. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laskl@colllerclerk.com) 1 DRlCLO-2008-AR-13l81 Page 1 of1 88; '\~l Teresa L. Polaski From: Sent: To: RamirezHeather [HeatherRamirez@colliergov.net] Wednesday, September 17, 2008 8:43 AM Teresa L. Polaski Subject: RE: DRICLO-2008-AR-13181 Y cs, it needs to be re-advertised but.. ... I wi II bave to send a new rcso. Heather L Ramirez Planning'lcchniclan (239)252-2930 From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Wednesday, September 17, 2008 8:41 AM To: RamirezHeather Subject: DRICLO-2008-AR-13181 Hi Heather. I know this has been continued to Oct 14th. Will it need to be re-advertised? If so will it be advertised with the reso or not? If you could let me know, I'd appreciate it Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 9/17/2008 DRlCLO-2008-AR-1318l; Berkshire Lakes PUD Page I 01'2 88 ,;t Teresa L. Polaski From: Sent: To: RamirezHeather [HeatherRamirez@colliergov.net] Monday, September 22, 2008 12:55 PM Teresa L. Polaski Subject: RE: DRICLO-2008-AR-13181; Berkshire Lakes PUD yep Heather L. Ramirez Planning 'Technician (239)252-2930 From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Monday, September 22, 2008 12:54 PM To: RamirezHeather Subject: RE: DRICLO-2008-AR-13181; Berkshire Lakes PUD Will you be resending the reso for advertisement? Teresa L. Polaski. BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) From: RamirezHeather [mailto:HeatherRamirez@colliergov,net] Sent: Monday, September 22, 2008 12:50 PM To: Teresa L. Polaski Subject: RE: DRICLO-2008-AR-13181; Berkshire Lakes PUD I just checked with Melissa and the date this petition is going to the Bee is on the 28th ofOclober. Heather L. Ramirez Pbnning "rt'clmician (239)252-2930 From: Teresa L. Polaski [mailto:Teresa,Polaski@colliercierk.com] Sent: Monday, September 22, 2008 11:30 AM To: RamirezHeather Subject: DRICLO-2008-AR-13181; Berkshire Lakes PUD Hi Heather, 9/22/2008 DRlCLO-2008-AR-1318l; Berkshire Lakes PUD Page 2 of2 I was just checking on the status 01 this. If it is to be heard on October 14, I will need to advertise it in Sundays paper (9/28). 8B So I will need to get it to NDN by Wednesday at noon. Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 9/22/2008 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb. who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County. Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue On September 7'"' 2008 Afliant further says that the said Naples Daily News is a newspaper Published at Naples, in collier county, Florida and that the said newspaper has heretofore been continuously published in said Collier County, Florida: distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post of1ice in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publi"t;on ;~" ,,;d n:~ ( Signature of affiant) Sworn to and subscribed before me This 7d" Day Of September 2008 FEI59-2578327 JUDY JANES Commission DD 675029 Expires Mey16, 2011 '8B Wn 17U71' '88 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ......................*.......*....***..*.*.*.***.***.****** Originating Deptl Diy: CDES.lZonine Person: Melissa Zone *********************~********.** Date: 10 -/-f) CO Petition No. (If none, give brief description): DRICLO-2008-AR-13181, Petitioner: (Name & Address): Mr. Dwight Nadeau, RWA, Inc., 6610 Willow Park Dr., Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) John J, Agnelli, Power Corporation, 3050 N, Horseshoe Dr., Suite 105, Naples, FL 34104; C, Lane Wood, Salvatori & Wood, P.L., 4001 Tamiami Trail N., Suite 330, Naples, FL 34103; Ken Metcalf, ArCp, Greenberg Traurig, 101 E. College Ave., Tallahassee, FL 32302 Hearing before BCC BZA Other Requested Hearing date: October 28. 2008 Based on advertisement appearing 15 davs before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: DRICLO~2008-AR-13181, John J. Agnelli of Power Corporation represented by Dwight Nadeau of R W A, Inc., is requesting a Closeout of Berl<shire Lakes Development Regional Impact (DRI). Subject property is located in the Berkshire Lakes Planned Unit Development (PUD) in the Berkshire Commons, in Sections 32 and 33, Township 49 South, Range 26 East, and Section 5, Township 50 South, Range 26 East, Collier County, Flnrida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes PO Number 4500085419 No If Yes. what account should be charged for advertising costs: Reviewed by: /.:S L _ __ ~trn, ~ Division Administrator or Designee II) /; / CJ8 Date' . List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiating person to complete one copy and obtain ~ivision Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **w**.*.**w.***...*..*****.*.**..*.*.*.*****.*.***.*..w...................*....**...**..*.....*.*.... FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Dale of Public hearing: ~ Date Advertised: ~ '88 RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE DEVELOPMENT OF REGIONAL IMPACT CLOSING OUT OF DEVELOPMENT ORDER 83-1, AS AMENDED, FOR BERKSHIRE LAKES, LOCATED IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order Number 83-1 on August 16, 1983, which approved a Development of Regional Impact Development Order for Berkshire Lakes ("DRI"); and WHEREAS, the Board of County Commissioners approved amendments to the DRI in Resolution Numbers 85-165, 86-110, 87~275. 91-448, 92-676, 94-677 and 94-678; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by refereuce made a part of the Development Order; and WHEREAS, the owners of the DRI property desire to closeout the DRI; and WHEREAS, Dwight Nadeau of RWA, Inc. representing John J, Agnelli of Power Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to closeout the DRI; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered Ihe report and recommendations of staff and held a public hearing on the petition on September 23, 2008, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the proposed closeout to the DRI, as described in Petition DRICLO-2008-AR-13181, attached hereto as Exhibit "A" and made a part hereof. is hereby approved. lof2 188 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of ,2008. ATTEST: DWIGlIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY; , Deputy Clerk BY; TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: v@ Heidi Ashton-Cicko Assistant County Attorney 08-CPS-00858/26111FAC 8.29.08 2of2 Dwight E. Brock Clerk of Courts ';en;p~y~ofeqllier ,_.., \" , CLERK OF THE ClRCt,JIT COURT COLLIER COUNTY tOURTflOUSE 3301 TAM1AMl i?J}.A1L EAST PO. BOX 41,3044 NAPLES, FLORlDA'34101-3044 'i~ i "iJt;:' ' '88 Clerk of Courts Accountant Auditor Custodian of County Funds October 1, 2008 RWA, Inc. Dwight Nadeau 6610 Willow Park Dr. Naples, Florida 34109 Re: DRlCLO-2008-13181; Berkshire Lakes PUD (DRI) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK. ~,~ Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.coIlierclerk.com Fax (239) 252-2755 Email: coIlierclerk@coIlierclerk.com "_....~,______...v_,.~___..._,..~______._' Dwight E. Brock Clerk of Courts ,-----, 'et)lIl,n!Y:~Ieqllier CLERK OF THE C~RCtJIT COURT COLLIER COUNTY touRfBOUSE 3301 TAMIAMl1'.&AIL EAST PO. BOX 413044 . NAPLES, FLORIDA~4101-3044 I" ""'~1'i;'" ~ , 'ee Clerk of Courts Accountant Auditor Custodian of County Funds October 1, 2008 Power Corporation John 1. Agnelli 3050 N, Horseshoe Dr. Suite 105 Naples, Florida 34104 Re: DRlCLO-2008-13181; Berkshire Lakes PUD (DRI) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 2008. You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com , ,--~~-,._~'"---"-""'_.'--"--~"--'- Dwight E. Brock Clerk of Courts '~e~~ty-PTe~llier Q"..."'- ", \ CLERK OF THE t~RCUIT COURT COLLIER COUNTY tOUR'f,HOUSE 3301 TAMJAMJ ~JL EAST PO. BOX 4\3044 NAPLES, FLORIDA'~41 0 1-3044 lk : i~, ISB Clerk of Courts Accountant Auditor Custodian of County Funds October I, 2008 Salvatori & Wood, P.L. C. Lane Wood 4001 Tamiami Trail N. Suite 330 Naples, Florida 34103 Re: DRlCLO-2008-13181; Berkshire Lakes PUD (DRI) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~r~ Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierc1erk.com Fax (239) 252-2755 Email: collierc1erk@collierc1erk.com _._,---,,_,',~"._-,- ."._"._,.,,-~".,-,-.__.'_""'- Dwight E. Brock Clerk of Courts ';'e~~6feqllier f..'_ ~"" " CLERK OF THE C~RCUIT COURT COLLIER COUNTY coURllfIOUSE 3301 TAMIAM11'AAIL EAST PO. BOX 4\3044 . NAPLES, FLORIDA141 0 \-3044 J/./ "''''i''1!:,' ISB Clerk of Courts Accountant Auditor Custodian of County Funds October I, 2008 Greenberg Traurig Ken Metcalf, AICP 101 E. College Ave. Tallahassee, Florida 32302 Re: DRlCLO-2008-13181; Berkshire Lakes PUD (DRI) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 12, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Web site: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com ._,-~._..,.._~,_..,'-'..._._-_._-'--~-_....- Page 1 of 1 Martha S. Vergara "~8 B "'11'j .._--_.~._._._._._~-_...-._~_.,._.._-~+-,~"-"-"~._---,-~--+-,-~----~"--"'-'-'---'---'--+-~------' From: Martha S. Vergara Sent: Friday, October 03, 2008 9:39 AM To: 'Iegals@naplesnews.com' Subject: DROC:P-2005-AR-13181 - Berkshire lakes Attachments: DRIClO-2008-AR-13181.doc; DRIClO-2008-AR-13181.doc Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Martha Vergara Deputy Clerk II - BMR 252-7240 10/3/2008 Martha S. Vergara IS8 '".j From: Sent: To: Subject: postmaster@collierclerk.com Friday, October 03, 2008 9:39 AM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT423284.txt; DROC:P-2005-AR-13181 - Berkshire lakes E r:::.1 L:::.J ATT423284.txt (231 B) DROC: OS-AR-13181 - Berk This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Page 1 of 1 Martha S. Vergara 'SB , < ____,___~__m_,+'_,++_._,_._ m~'~',__,_._._,___,__+_~_______~~__..._~ From: Pagan, Emeiy [EPagan@Naplesnews.com] Sent: Friday, October 03, 2008 4:04 PM To: Martha S. Vergara Subject: RE: DROC:P-2005-AR-13181 - Berkshire lakes ok From: Martha S. Vergara [mailto:Martha.Vergara@colliercierk.com] Posted At: Friday, October 03, 2008 9:39 AM Posted To: legals - NON Conversation: DROC:P-200S-AR-13181 - Berkshire Lakes Subject: DROC:P-200S-AR-13181 - Berkshire lakes Here is an Ad to be placed .. PLEASE SEND AN QK WHEN RECEIVED. Martha Vergara Deputy Clerk II - BMR 252-7240 10/3/2008 From: Sent: To: Subject: Martha S. Vergara Monday, October 06,200810:06 AM 'Pagan, Emely' RE: Ad Confirmation ~ Martha S. Vergara Importance: High Hey Emily, This ad and the one sent previous with ad #1743888 are the same ad... I am missing one for the ad sent to legals on Friday at 9:38 AM under DRICLO - Berkshire Lakes Please call me asap.. . Thanks, Martha -----Original Message----- From: Pagan, Emely [mailto:EPagan@Naplesnews.com] Sent, Saturday, October 04, 2008 8,15 AM To: Martha S. Vergara Subject: Ad Confirmation Thank you for Date Publication Account Number Ad Number Total Ad Cost placing your ad. 10/04/08 NDN 744100 1743889 $392.50 Tracking; Recipient 'Pagan, Emely' Read Read: 10/6/2008 10:06 AM 1 Page 1 of 1 ____~_~__....________~_________~_____________~~, aB___~_ Martha S. Vergara From: Martha S. Vergara Sent: Monday, October 06, 2008 10:07 AM To: 'Pagan, Emely' Subject: FW: DROC:P-2005-AR-13181 - Berkshire lakes Attachments: DRIClO-2008-AR-13181.doc; DRIClO-2008-AR-13181.doc Here is what I sent on Friday... this is the ad I am missing... Thanks, Martha From: Martha S. Vergara Sent: Friday, October 03, 2008 9:39 AM To: 'Iegals@naplesnews.com' Subject: DROC:P-2005-AR-13181 - Berkshire lakes Here is an Ad to be placed .. PLEASE SEND AN OK WHEN RECEIVED. Martha Vergara Deputy Clerk II - BMR 252-7240 10/6/2008 Martha S. Vergara From: Sent: To: Subject: Attachments: !it UA5726E.jpg (71 KB) Si Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 07, 200S 9:22 AM Martha S. Vergara Ad Confirmation UAS726E.jpg PETITION: DRICLO-200B-AR-13181 Thank you Date Publication Account Number Ad Number Total Ad Cost for placing your ad. 10/07/08 NDN 744100 1743909 $332.30 1 9:00 A.M. The title of the proposed resolution Is as follows: 8B A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY. FLORIDA. APPROV. ING THE DEVELOPMENT OF REGIONAL IMPACT CLOSING OUT OF DEVELOPMENT ORDER 83-t. AS AMENDED. FOR BERKSHmE LAKES, LOCATED IN SEC- TIONS 32 AND 33. TOWNSHIP 49 SOUTH. RANGE 26 EAST, AND SECTION 5. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA PETITION: DRICLO-2008-AR'13181, Jolln J. Agnelll of Power Corporation represented by Dwight Nadeau of RWA. Inc.. is requesting a Closeout of Berkshire Lakes Development Regional Impact (DR!). Subject property is located in the Berkshire Lakes Planned Unit Development (PUD) in the Berkshire Commons. in Section 32 and 33. Township 49 South. Range 26 East. and Section 5. Township 50 South. Range 26 East. Collier County. Florida. All interested parties are invited to attend. to regis- ter to speak and to submit their objections. if any. in writing to the Board prior to the public hearing. All persons wishing to have written or graphic ma- terials included in the Board agenda paCkets must submit said material a minimum of 3 weeks prior to the respective public Ilearlng. In any case, written materials 'Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hear- Ing. All matel'ial us.ed In presentations before the Board w'i11 become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedIngs pertaining thereto and therefore. may need to en- sure that a verbatim record of the proceedings Is made. which record includes the testimony and evidence upon which the appeal Is based. If YOll are a person with a disability who needs any accommodation in order to partiCipate in this pro. ceeding, you are entitled. at no cost to you. to the provision of certain assistance. Please contact the Colliel' County FaCilities Management De~ment, located at 3301 Tamiami Trail East. BUilding W. Naples, Florida 34112, (239) 252-8380. Assisted Ils. telling devices for the hearing impaired are avail. able In the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TOM HENNING_ CHAIRMAN DWIGHT E. BROCK. CLERK By': Martha Vergara, Deputy Clerk (SEAL) October 12 No. 1743909 .lB ACCT. #068779 October 1,2008 Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: DRICLO-2008-AR-13181; Berkshire Lakes PUD (DRI) Dear Legals: Please advertise the above referenced petition on Sunday, October 12, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500085419 'SB NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 28, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE DEVELOPMENT OF REGIONAL IMPACT CLOSING OUT OF DEVELOPMENT ORDER 83-1, AS AMENDED, FOR BERKSHIRE LAKES, LOCATED IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA PETITION: DRICLO-2008-AR-13181, John J. Agnelli of Power Corporation represented by Dwight Nadeau of RWA, Inc., is requesting a Closeout of Berkshire Lakes Development Regional Impact (DRI). Subject property is located in the Berkshire Lakes Planned Unit Development (POD) in the Berkshire Commons, in Section 32 and 33, Township 49 South, Range 26 East, and Section 5, Township 50 South, Range 26 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing to the Board prior to the public hearing. All persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 'V8B Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) RECEIVED NOV 0 3 2008 'T. rILED 41 FINANCE DBR,'''''I C0U//TY '" NAPLES DAILY NEWS . . , Published Daily 2008 OCT Naples, FL 34!02 CLER:\ or Affidavit of Publication State of Florida BY -----.--D.C. County of Collier Before tlie undersigned they serve as llie authority, personally appeared B. Lamb. who on oatli says that tliey serve as the Assistant Corporate Secretary of tlie Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties ofF!orida; that the attached copy of the advertising. being a PUBLIC NOnCE lIt the matter of PU BLI C NOT! CE \vas published in said newspaper 1 time in the issue On October 12'''. 2008 AHiant further says that the said Naples Daily News is a newspaper Published at Naples, in collier county, Florida and that the said ne\'ispaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter a1 the post orticc in "Naples, in said Collier County, Florida, for a period of 1 ~.'car next preceding tflC lirst publication oflhe attached copy of adv~rtis~m":llt: and allianl further says that he has n~ither paid nor promis~d any person. tlrrn or corporation any discount. rebate. commission or rdund ror th..: purpose of sCl:uring this advertisement ror publication in the said newspaper Ii ~~ ( Sigmnure of affiant) Sworn to and subscribed before me This 28~, Day Of October 2008 G('~ publi\;) """,'!>..., JUDY JANES DO 6"5029 ~:f"/.;.,.'-r;o. Cornlni~slon - - I ,','."l\II'kJ,c ExplrGS May 16. 2011. -''!!'l' .'""o~,", nd'J Th~J TIDY hin In5tl'ill1Ce 8~O.3a5.IO'9 '.P.fo"," L~, ". FE! 59-2578327 ~18 tW.owh l~#- <t; 6 . 'r-loftZfzwS Patricia L. Morgan Importance: phillips_s [SharonPhillips@colliergov.net] Friday. October 31,2008245 PM Patricia L Morgan Approved DRIIDOA's High From: Sent: To: Subject: Hi Trish, Here is the updated contact information for approved DRl/DOA's: ATTN: Mr. Daniel Trescott DR! Coordinator Southwest Florida Regional Planning Council 1926 Victoria Avenue Ft. Myers, FL 33901 A TTN: Mr. Scott Rogers, Principal Planner Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 Sharon Phillips Administrative Assistant Dept. of Zoning ft Land Dev. Review Collier County CDES Division Phone (239) 252- 5743 Fax (239) 252-6365 ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~If) B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Td 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Omce. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP :.~ Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exec tion of the Chairman's si nature, draw a line throu h routin lines # I throu #4, com)lete the checklist, and forward to Sue Filson (line #5). Office Initials Date 1. Heidi Aston-Cicko CAO 2. Judy Puig .' m .IlIJ}v"".t'!/.;YJ \\b'l} , ~ (The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCe ol1ice only after the BCC has acted to approve the item, Name of Primary Staff Melissa Zone Contact Agenda Date Item was 10-28-2008 A roved b the BCC Type of Document Attached CDES 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 252-2958 Yes (In itial) N/A (Not A licable) 6. Minutes and Records Clerk of Court's Office 1: Forms/ County Forms/ BCC Formsl Original Documents ROllting Slip WWS Original 9.0304, Revised 1.26.05. Revised 2.24.05 PRIMARY CONT ACT INFORMATION Phone Number Agenda Item Number Resolution and Agreement Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on.lO ~,~ (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. l88 ~ " ", MEMORANDUM Date: November 26, 2008 To: Melissa Zone, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: DRICLO-2008-AR-13181: Berkshire Lakes DRI Closeout Resolution 2008-317 A & Buildout Agreement Attached you will find a copy of the Resolution referenced above (Item #8B) and the original accompanying buildout agreement, adopted by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward to the appropriate parties for signature and return the fully executed ori2inal to the Minutes and Records Department for Recording. According to the agreement Power Corporation is to pay recording costs for this agreement. Our office will record need a recording cost center number for billing purposes. After the recorded agreement is returned to this office a certified copy of the document will be sent to the Department of Community Affairs for signature. This needs to be done within thirty (30) of the execution of the agreement. A copy of the recorded agreement will also be sent to your office. If you have any questions, please contact me at 252-8406. Thank you Attachment (1) "88 RESOLUTION NO. 08- 31 7 A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE DEVELOPMENT OF REGIONAL IMPACT CLOSING OUT OF DEVELOPMENT ORDER 83-1, AS AMENDED, FOR BERKSHIRE LAKES, LOCATED IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order Number 83-1 on August 16, 1983, which approved a Development of Regional Impact Development Order for Berkshire Lakes ("DRI"); and WHEREAS, the Board of County Commissioners approved amendments to the DRI in Resolution Numbers 85-165, 86-110,87-275,91-448,92-676,94-677 and 94-678; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the owners ofthe DRI property desire to closeout the DRI; and WHEREAS, Dwight Nadeau of RW A, Inc. representing John J. Agnelli of Power Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to closeout the DRI; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of staff and held a public hearing on the petition on October 28, 2008, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the proposed closeout to the DRI, as described in Petition DRICLO-2008-AR-13181, attached hereto as Exhibit "A" and made a part hereof, is hereby approved. lof2 ~8B . ~~.. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and rnajority vote, this :2 7f day of () d;;fx;,-I2,.2008. ATTEST:. i)it, DWlOItt E: BRcr€~, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA 0.(.. leJ"k BY' TOM HENNING, C MAN Approved as to form and legal sufficiency: ~~. /~ Clo (@ Heidi Ashton-Cicko Assistant County Attorney 08-CPS-00858126/HFAC 8-29-08 20f2 reB ESSENTIALLY BUILT-OUT AGREEMENT FOR THE BERKSmRE LAKES DEVELOPMENT OF REGIONAL IMP ACT (DRI) This Agreement ("Agreement") is made and entered into by and among POWER CORPORATION, a Florida corporation ("Power Corporation"), COLLIER COUNTY, a political subdivision of the State of Florida ("County"), and THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA"). WITNESSETH WHEREAS, Collier County is a political subdivision of the State of Florida and possesses appropriate legal authority pursuant to Chapter 380, Florida Statutes, to approve Developments of Regional Impact ("DRIs") within its jurisdiction; and WHEREAS, the County approved tlBt certain DR! project known as Berkshire Lakes DRl and issued an appropriate development order to John J. Agnelli, as authorized representative on behalf of Barnett Bank Trust Company, N.A., Trustee under Trust No. 36-8750, pursuant to Resolution No. 83-1 adopted August 16, 1983 (the "Development Order"); and WHEREAS, in addition to the Development Order, the County also approved a related planned unit development ordinance, Ordinance No. 83-46, on August 16, 1983 (the "Berkshire Lakes PUD''), to provide appropriate zoning for development of the Berkshire Lakes DRl project; and WHEREAS, the property ("Property") comprising the Berkshire Lakes DRI project consists of 1,093 acres, more or less, and is more particularly described on Exhibit '~" attached hereto and incorporated herein by virtue of this reference; and WHEREAS, Power Corporation is the successor developer of the Berkshire Lakes DRl project, having taken over from the original developer-applicant, Barnett Bank Trust Company, N.A., as Trustee under Trust No. 36-8750; and WHEREAS, DCA is the state land planning agency responsible for the administration and enforcement of Chapter 380, Florida Statutes, including those provisions relating to DRls such as the Berkshire Lakes DRl project; and WHEREAS, pursuant to Section 380.032(3), Florida Statues, DCA is authorized to enter into such agreements as may be necessary 10 effectuate the provisions and purposes of Chapter 380, Florida Statutes; and WHEREAS, the applicable Development Order for Berkshire Lakes DRI, as amended, allows for the development of 4,200 residential units and 42.5 acres of commercial property or an estimated 375,000 square feet; and WHEREAS, the original development-of:.regional-impact review for Berkshire Lakes DRl assumed that all commercial development within the project would be comprised of retail shopping and general office space; and WHEREAS, based upon the foregoing assumptions, Berkshire Lakes DRI was projected to generate 52,744 Total Average Weekday Trips upon completion of all proposed development; and ProLaw: 63596.7 88 WHEREAS, actual existing commercial development within the project thus far consists ofa total of371,212 square feet of space, 204,729 square feet of which is retail shopping space, 37,320 square feet of which is general office space, and 129,163 square feet of which is self- storage mini warehouse space; and WHEREAS, 129,163 square feet of self-storage mini warehouse space represents over one-third (1/3rd) of the total proposed commercial development within Berkshire Lakes DRI; and WHEREAS, self-storage mini warehouse space has approximately ninety- five percent (95%) less traffic impacts than does retail shopping or general office space, based upon current averages published by the Institute of Transportation Engineers ("ITE"); and WHEREAS, according to current lTE averages for all land uses within the project, Berkshire Lakes DRI is projected to generate just 41,444 Total Average Weekday Trips upon completion of all proposed development as described herein below; and WHEREAS, 41,444 Total Average Weekday Trips represents a significant reduction of over 11,000 Total Average Weekday Trips, or approximately twenty-one percent (21%) less traffic impacts, as compared to that which was originally approved for Berkshire Lakes DRI; and WHEREAS, in light of this reduction, the parties agree that the proposed development described herein below does not create the likelihood of any additional regional impacts not previously reviewed; and WHEREAS, only a small amount of vacant land and swplus parking lying within the commercial areas of the Berkshire Lakes DRI project remain suitable for the additional development contemplated herein; and WHEREAS, all of said vacant land and surplus parking (the "Developable Land") is located within the Berkshire Commons Shopping Center ("Berkshire Commons') situated at the northwest comer of Radio Road and Santa Barbara Boulevard in Naples, Collier County, Florida, and more particularly described as: Parcels :2 and 3, Berkshire Commons Parcel "1, 2 & 3", according to the plat recorded in Plat Book 38, Pages 30 and 31, of the Public Records of Collier County, Florida; AND Those portions of Tract F, Berkshire Lakes, Unit One, according to the plat recorded in Plat Book 14, Pages 118-120, of the Public Records of CoWer County, Florida, being more particularly described as Revised Lot A and Revised Lot B in Exhibits 1 and 2 of that certain instrument recorded at O.R. Book 4328, Page 4044, of the PubUc Records of CoUler County, Florida; and WHEREAS, said Developable Land is intended to be used and developed subject to the following-described parameters (the "Development Parameters"):g (i) No more than 14,000 square feet of newly constructed Office Development (as defined in Chapter 28-24.020, F.A.C.) may be located upon the Developable Land, excluding Outparcels E and B- I as shown on Exhibits "B" and "e" attached hereto; ProLaw: 63596.7 2 88 -"l (ii) No more than 56,000 square feet of newly constructed Retail and Service Development (as defined in Chapter 28-24.031, F.A.C) may be located upon the Developable Land, excluding Outparcels E and BIas shown on Exhibits "B" and "c" attached hereto; (iii) No more than 3,100 square feet of additional principal use Retail and Service Development (as defined in Chapter 28-24.031, F.A.C) may be located within Outparcels E and E-l of the Developable Land shown on Exhibits "B" and "c" attached hereto, provided said development is made in connection with the expansion and redevelopment of an existing Mobil Gas Station Retail Convenience Store now located upon Outparcels E and &1, and further provided that the newly redeveloped Mobil Gas Station Retail Convenience Store may contain a principle use structure of up to 4,200 square feet in the aggregate so long as the existing Mobil Gas Station Retail Convenience Store facility of approximately 1,000 square feet now located within the Developable Land is also demolished in connection with the contemplated expansion and redevelopment project. An accessory use car wash facility may also be constructed upon Outparcels E and E 1 of the Developable Land, provided the existing accessory use car wash facility now located upon Outparcels E and B I of the Developable Land is also demolished in connection with the contemplated expansion and redevelopment project am WHEREAS, all existing commercial development within Berkshire Commons as of the date of this Agreement is depicted in the site plan marked as Exhibit 'B" attached hereto and incorporated herein by virtue of this reference; and WHEREAS, all known projects presently proposed for development within Berkshire Commons, including the above-described expansion and redevelopment project, shall be located within the Developable Land as delineated in Exlubit "c" attached hereto and incorporated herein by virtue of this reference; and WHEREAS, said proposed projects, or some variation thereof consistent with the Devebpment Parameters set forth above, may be built until expiration of the Development Order; and WHEREAS, the Development Order lacks any stated tenninatio~ build-out or expiration date for purposes of development of the remaining vacant commercial real property within Berkshire Lakes DR! in general, and Berkshire Commons in particular; and WHEREAS, the parties desire to add a measure of certainty to the Development Order and to provide for a reasonable termination, build-out or expiration date for purposes of current and future development of the commercial areas within Berkshire Lakes DR! in general, and the Developable Land of Berkshire Commons in particular; and WHEREAS, Berkshire Commons, Inc., a Florida corporation ("Berkshire"), owns most of the Developable Land described herein above, excluding those portion; of the Developable Land commonly known as Outparcels E and E-l as shown on Exhibits "B" and "C" attached hereto, which portions are owned by ExxonMobil Oil Corporation, a New York corporation ("ExxonMobil"); and Prolaw: 63596.7 3 t 8 B WHEREAS, Berkshire currently has an application for site development plan approval in process with the County for the development of that portion of the Developable land within Berkshire Commons commonly known and referred to as ''Parcel 3" on Exhibits "B" and "C" attached hereto, pursuant to application SDP -A R-809 J, which application is hereby incorporated herein by virtue of this reference (the "Berkshire Project") ~ and WHEREAS, ExxonMobil currently owns and operates a retail gas station and convenience store shopping facility of approximately 1,000 square feet upon those portions of the Developable Land commonly known and referred to as Outparcels E and E I on Exhibits "B" and "c" attached hereto, and further has an application for site development plan approval in process with the County for the development and redevelopment of Outparcefi E and E-l as described herein above, which development, redevelopment and expansion project shall encompass both Outparcels E and E 1 of Berkshire Common;, including a portion of the Developable Land, all pursuant to applicatiom SDPI-AR-J0425 and SDP-AR-9883, which are hereby incorporated herein by virtue of this reference (the "ExxonMobil Project"); and WHEREAS, Berkshire and ExxonMobil have an interest in building out their respective commercial real properties and projects as described herein above; and WHEREAS, the infrastructure necessary to support the current Berkshire and ExxonMobil Projects, and all future commercial projects within the Developable Land of Berkshire Commons is already in place, or can readily be constructed within the boundaries of the Developable Land of Berkshire Commons, as and when needed, including without limitation, sidewalk, bike lane, parking, access, utility and stonn water management facility improvements; and WHEREAS, the County has nevertheless requested that Power Corporation provide funding in the amount of One Hundred Ten Thousand and no/l00 Dollars ($110,000.00) for certain sidewalk, bike lane and roadway infrastruc ture and other improvements referenced in the Development Order for Berkshire Lakes DR! and the associated Berkshire Lakes PUD, notwithstanding the fact that the County has passed numerous road impact fee ordinances subsequent to approval of the Berkshire Lakes DR! and PUD project, pursuant to which the County has charged and collected road impact fees of over $6 million against the subject Property, without reduction, credit or set-off of any kind for transportation and other improvements donated, funded and/or constructed in and around the Property; and WHEREAS, the parties have documented the foregoing facts and circumstances and the developer's contribution and satisfaction of all applicable commitments and mitigation requirements pursuant to the Development Order for Berkshire Lakes DR! and the associated Berkshire Lakes PUD, as evidenced in tmt certain memorandum produced by the law firm of Greenberg Traurig, dated March 3, 2008, addressed to Mr. Lawrence Massey, Growth Management Coordinator for the Florida Department of Transportation, a copy which memorandum (the "Greenberg Memorandum"), as approved by Mr. Masseyon March 6, 2008, is attached as Exhibit "0" hereto; and WHEREAS, the parties now desire to enter into this Agreement to address and settle the above-described issues and any related issues, all as set forth herein below. NOW, TIIEREFORE, for and in consideration of the mutual covenants contained herein, it is hereby agreed as follows: Prelaw: 63596.7 4 ,.. 8 B ..J 1. correct. Recitals. The parties hereby agree that the above-descnbed recitals are true and 2. Essentially Built-Out. The parties hereby agree that the Berkshire Lakes DRI project is "essentially built-out" in accordance with Section 380.06(15)(g)4.a and .b(II)., Florida Statutes, because (a) the uses, internal roads and storm water management system are all consistent with the terms and conditions of the Development Order; (b) all infrastructure and physical improvements required by the Development Order have been made or provided for as demonstrated by the Greenb erg Memorandum; and (c) the amount of development remaining in the build-out does not create the likelihood of any additional regional impacts not previously reviewed. 3. Affect on Other Local Approvals and ZoninR. The parties hereby agree that this AgreemeIt shall not affect other local approvals or zoning for Berkshire Lakes DRI, as amended, except as may be specifically provided for elsewhere herein or necessary to cany out the intent of this Agreement. 4. Final Development. DCA and the County hereby agree that the commercial areas of Berkshire Lakes DRI, and in particular the Developable Land within Berkshire Commons, may be developed without further development-of-regiona~impact review, subject to and in accordance with the tenns and conditions of (a) the Development Order, as amended; (b) the County's comprehensive plan and applicable land development regulations; and (c) the Development Parameters and other terms and conditions set forth in this Agreement which allow no more than an aggregate total of 73,100 square feet of additional principal land uses to be developed upon the Developable Land legally described herein and graphically depicted on Exhibit "C" attached hereto. The parties hereby further agree that development and redevelopment of the commercial areas of Berkshire Lakes DRI, as contemplated by this agreement, shall be permitted under the Development Order, as amended, until the date which is seven (7) years after the date the last party has properly executed this Agreement. For purposes of this paragraph, the submission of an application for site development plan approval (or its equivalent) prior to expiration of the 7-year period contemplated herein above shall preserve the applicant's right to develop the subject premises, regardless of the date of site development plan approval or construction of the improvements described therein. Notwithstanding anything elsewhere herein to the contrary, development of vacant residential real property within Berkshire Lakes DRI shall be permitted as ani when requested by the respective owner(s) of said parce(s), subject to compliance with the County's comprehensive plan and applicable land development regulations in affect at the time, without regard to the date of request or any expiration date otherwise imposed by this Agreement. 5. Accuracy of Information Power Corporation represents and warrants that the information it has presented in connection with the negotiation of this Agreement and the recitals set forth hereinabove are, to the best of its knowledge, true and accurate. Based upon such information and representations, the DCA concludes that this Agreement reasonably applies and effectuates the provisions and purposes of Chapter 380, Florida Statutes. 6. Remedies. In the event of a breach of this Agreement or failure to comply with any term or condition of this Agreement, or if this Agreement is based upon materially inaccurate information knowingly presented by Power Corporation as contemplated in the preceding paragraph, the DCA may terminate this Agreement or file suit to enforce this Agreement as provided in Section 380. I I, Florida Statutes. Injunctive relief shall be granted to Prelaw: 63596.7 5 8B ~ the OCA or the County in the event of a breach of this Agreement or a failure to comply with any terms or conditions imposed by this Agreement 7. Limited Effect This Agreement affects the rights and obligations of "parties" under Chapter 380, Florida Statutes. It is not intended to determine or influence the authority or decision of any other state or regional agency or the County in connection with the issuance of any other permits or approvals required for further development as authorized by this Agreement. lIDs shall include, without limitation, applications for Site Development Plan Approval Nos. SDP-AR-8091, as arrended, and SDPI-AR-J0425/SDP-AR-9883. as amended, for the Berkshire and ExxonMobiI Projects, respectively. Approval of the Berkshire and ExxonMobil Projects shall be subject to review and comment in accordance with the established procedures ofCo11ier County. 8. Bindin2 Effect The terms and conditions of this Agreement shall run with the Property subject to the Berkshire Lakes DRl and shall inure to the benefit o~ and be binding upon, the heirs, personal representatives, successors and assigns of the parties hereto. Power Corporation shall record a notice of this Agreement which complies with Section 380.06(15)(f), Florida Statutes, in the official records of Collier County, Florida, and shall provide DCA with a copy of the recorded notice within thirty(30) days of execution of this Agreement. 9. Retained Rights. All parties retain rights to take any action or prosecute any proceedings provided for by law, notwithstanding this Agreement. Nothing contained herein shall act as a waiver by Power Corporation of its rights to limitation on liability as provided for in Section 375.251, Florida Statutes. 10. Severability. The invalidation of any provision or provisions of this Agreement by lawful court order shall not modify any of the other provisions of this Agreement, which other provisions shall remain in full force and effect. 11. Effective Date. The Effective Date and the date of execution of this Agreement shall be the date the last party signs and acknowledges this Agreement. 12. Consideration As partial consideration for the approvals and agreements contained herein, Power Corporation shall, within ninety (90) days of the Effective Date of this Agreement, pay to the County the sum of One Hundred Ten Thousand and no/IOO Dollars ($110,000.00). 13. Counterparts. lIDs Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same Agreement. ProLaw: 63596.7 6 I 8 B '" IN WIlNESS WHEREOF. the parties by and through the undersigned duly authorized representatives have executed this Agreement on the dates set forth below. Signed, sealed and delivered in our presence as witnesses: (Corporate Seal) POWER CORPORATION, a Florida corporation By: SignatW'e of Witness #1 Print Name: PrintedfTyped Name of Witness #1 Title: Signature of Witness #2 PrintedfTyped Name of Witness #2 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of . 2008, by as and on behalf of Power Corporation, a Florida corporation, 0 who is personally known to me or D who bis produced (type of identification) as identification. NOTARY PUBLIC lYPED, PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: Prelaw: 63596.7 7 t 88 .~ FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Signature of Witness #1 By: PrintedfI'yped Name of Witness #1 Print Name: Title: Signature of Witness #2 PrintedlTyped Name of Wi mess #2 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2008, by as and on behalf of the Florida Department of Community Affairs, 0 who is personally known to me or 0 who has produced (type of identification) as identification. NOTARY PUBLIC TYPED, PRINTED OR STAMPED NAME OF NOTARY MY COMMlSSION EXPIRES: Prolaw: 63596.7 8 . , ,. 8 B .. - BOARD OF COUNTY COMMISSIONERS OF COLLIER C UNTY, FLORIDA B~ PrintName~""'" ~ \N' Title: Cl~~ """""<A-N ~ M.~k-r~ Printcdffyped Name ofWilnCS5 #2 ~~~.~:BR~,CLERK - '" . , .; STATE OF FLORIDA , COUNTY OF COLLIER 1 , The foregOin~en~ was aclotowled e before me tms,;;Ig7diy of J-LrwPmkl'-' , 2008, by 7A r7l e.l? I) '15 as I '" and on behalf of the Board of County Commissioners Collier County, Florida, who is personally known to me or 0 who has produced (type of identification) as identification. ~~ lYPED, PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION ~~... CAROLYN SUE RLSON i.: :~ MY COMMISSION 1/ DO 748730 . . '~i EXPiRES: April 28, 2012 ~ DOII'Jed Thru Nolaty PubIo UndtrwJ1ta11 Prolaw: 63596.7 9 88 ,- JOINDER & CONSENT The undersigned do hereby join it and consent to the above-described Agreement for the sole and exclusive purpose of establishing a time frame for final development within the commercial areas of Berkshire Lakes DR!, all as set forth above. Signed, sealed and delivered in our presence as witnesses: (Corporate Seal) BERKSHIRE COMMONS, INC., a Florida corporation By: Signature ofWitncss #1 Print Name: PrintedlTyped Name of Witness #] Title: Signature of Witness #2 PrintedlTyped Name of Witness #2 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of 2008, by as and on behalf of Berkshire Commons, Inc., a Florida corporation, 0 who is personally known to me or 0 who has produced (type of identification) as identification. NOTARY PUBLIC 1YPED, PRINrED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: Prelaw: 63596.7 10 88 Signed. sealed and delivered in our presence as witnesses: (Corporate Seal) EXXONMOBIL OIL CORPORA nON, a New York corporation By: Signature of Witness #1 Print Name: PrintcdlTyped Name of Wi bless #1 Title: Signature of Witness #2 PrintcdlTyped Name of Witness #2 STATE OF COUNTY OF The foregoing instrument was acknowledged. before me this day of . 2008, by as and on behalf of ExxonMobil Oil Corporation, a New York corporation, 0 who is personally known to me or 0 who has produced (type of identification) as identification. NOTARY PUBLIC TYPED, PRINTED OR STAMPFl> NAME OF NOTARY MY COMMISSION EXPIRES: Prolaw: 63596.7 11 8B .,.. EXHIBIT "A" BERKSHIRE LAKES DRI LEGAL DESCRIPTION Section 32, Township 49 South, Range 26 East, Collier County, Florida; less South 50 feet for Right-of-Way for Radio Road (County Road 856); less that land as described in O.R. Book 818, Page 806 of Collier County, Florida. ALSO, the West 5/6 of the West 1/2 of Section 33, Township 49 South, Range 26 East, Collier County, Florida; less South 50 feet for Right-of- Way for Radio Road (County Road 856); less that land as described in O.R. Book 818, page 810 of Collier County, Florida. ALSO the East 1/2 of Section 5, Township 50 South, Range 26 East, Collier County, Florida; less South 75 feet for Right-of- Way of Davis Boulevard Extension (S.R. 84); less North 50 feet for Right-of- Way of Radio Road (County Road 856). Subject to easements, restrictions, and reservations of record; containing .:!:: 1093 acres more or less. Prolaw: 63596.4 f j r~ 8 B ~~I~ ~ l o j ~ il il I f ~ 1 i I :I~I ~ ~ ~Bi J ! =-Ii f [ r I: ~ I '........ ',-- ; I J ~ ~ f ~ 3 :x: ~- ~tD 8 - ~-t ~bJ & .I " -"-, '''-, '\ \. \ \ ~ L q. \Jl ~ ~ Q , \ \ , \ \ , \ , \ (JIIIIIIIIII) -::a"tl~ ~~~ ~,.,~ " ~.:fjj ~ !-II~~ p ~"!5 .... ~'"'~ ~ rY\~~~ ~ r#?~~ ~~ ~~\~ ~ S~ I I , I ..~ j"il: 'U ~Olll "'D . p~ 10 ,,_ill n fA- n '" - -NI1 r ?"!5 N ~~3 I ~ I j " ~ ~ ~ ---I~ -----------------------------------------------------p ------ '''1 ~ OA 18 1f~1f8~\18 IflNIIS - ~ EXHIBIT "B" - ....,,- ....- ~ ...., - - .... JOHN .AGNEW / POWER CORP. r.., BERKSHIRE COMMONS DJl T AIlC =::::- 'po( rl\'7N\ ~";~"'~~J'_ ---..............-.........- ..,-- ..---- -,- -- ~- ~SU_ EXISTING CONDrrlONS EXHIBIT r . I I)HN' f .~ i ~ ~ o ~ I 8 8 J f I i' I i I ;I~I F ~~!j J - f I ~ f I t i ~ !iii ~ - 2"""'t ~o e .1 r~8 B ,~ L___~ '- '- '--, '''-.., '''-.., ',,- ''\, \ \ ./' \ \ \ \ , \ 1 , ~ , i j ~ ---:1 --------------- ----------- ---~------------------ ---- -~------- ~~I O^18 V~V8~V8 V1NVS = D i ~I- ~ ag ~ ~ -~ ~ ill I~ ~ sa ~ ~ EXHIBIT" Crt -""l':_ ____ -- ..... __ ),-fIf -- ....... A.S.U.. -- - , ., ""'" JOHN AGNEW / POWER CORP. DlXT~ ~=... fli::lfIff\. ~:~.u~~.'_ ---...-.........- --- ....,..... BERKSHIRE roMMONS DEVFUl'ABU LAND EXHlJ11' rSB 'i~ Exhibit liD" Greenberg Traurig Memorandum TO: Lawrence Massey, FDOT CC: Claudine Auclair, Collier County Nick Casalanguida, Collier County FROM: Kenneth B. Metcalf, Alep, Director of Planning DATE: March 3, 2008 RE: Berkshire Lakes DRI - Comparison of Impact Fees and Proportionate Share to Support Essentially Built Out Agreement Introduction The Berkshire Lakes DR! ("Projectj is now nearly built out with only one undeveloped commercial site remaining. In order to reach closure on the DR!, Collier County worked with the developer of Berkshire Lakes to draft an Essentially Built Out Agreement pursuant to ~380.06(15)(g), F.S. One of the requirements for such an agreement is that all conditions of the development order have been appropriately satisfied. In reviewing the draft agreement, DCA requested confirmation from FDOT that the transportation conditions set forth in the DRl development order have been satisfied. In response to this request, we have been working with County staff and FDOT staff in a cooperative manner to document how the transportation conditions were met. As we've discussed, the developer paid $5.9 million in impact fees and donated substantial right of way as the means of complying with the fair shaxe payments required by the development order. Collier County bas agreed that such payments shall be creditable toward the DRI obligations as legally required by the courts and Florida Statutes to avoid duplicative charges. During our meeting on January 31,2008 and a subsequent conference call on February 14, 2008, we discussed the methodology for this report in detail and reached agreement on a final set of assumptions that would be used to document that the inipact fees and value of the right of way donations exceed and satisfy the transportation conditions set forth in the development order. The purpose of this report is to swmnarize the methodology as agreed upon by the parties and to present the results, which demonstrate that the developer has satisfied the requirements of the development order through the payment of impact fees and donation of right of way. Agreement OD Methodology/Assumptions The methodology presented in this report is consistent with the agreement reached at our previous meeting and follow up conference call on February 14.2008. We reach agreement on the following assumptions for this final report: TAL 451450856v4 312/2008 r'SB' ~ To: Lawrence Massey, FDOT Date: March 3, 2008 Page 2 1) utilize the mid-range, per-mile construction cost estimates provided by FDOT for 1990-91 as set forth in your February 5 email; 2) utilize a 1.65 multiplier to accotmt for the additional costs of right of way, engineering, eEl and other costs as reported in your February 5, email; 3) credit right of way donations provided by the Developer for Radio Road and Santa Barbara Boulevard; 4) continue to utilize ADA trip assignments and methodology as previously presented for the purpose of determini.ng the project's share. We have agreed to utilize these assmnptions in the interest of resolving these issues expeditiously. We continue to believe that the 1.65 multiplier for right of way and soft costs is excessive and not appropriate for the early 1990s, recognizing that it was the statewide average for the period from 2000-2005. While the right of way estimate (19%) appears reasonable and fairly consistent with the percentages reported for Collier COWlty (15%) for Radio Road, local data confirm that the soft costs locally were much lower than 46%. We also continue to assert that the plain language of the development order does not require a proportionate share based on right of way and soft costs, but is rather limited to construction costs only for S.R. 84. Similarly, we do not agree that the fair share for "upgrading" Radio Road and Santa Barbara. Boulevard refers to a share of widening. In that case, the language would have referred to widening. Statutory construction principles would give a different meaning to upgrading versus the term widening because both terms are used in different conditions within the DR! development order. We reiterate these points to emphasize that the calculations presented in this report should be considered very conservative in terms of assuming the worst case "fair share costs" for comparison to the impact fees and right of way donations provided by the developer. Right of Way Donation Value The right of way costs donation values were determined by using the 1995 per square foot value documented for Radio Road right of way as reported in the County's impact fee study. Attachment A provides an excerpt from the study. This figure was then reduced by 25% to account for administrative overhead associated with the right of way transaction. This resulted in a value of $1.59 per square foot. This value was then discounted at an annual rate of 5% to estimate the values for the target years during which each right of way link was donated, which occurred. for various links between 1986 and 1993. The resulting right of way values are set forth in Table 1 below for Radio Road and Santa Barbara Boulevard. Table 1. Right of Way Donation Values Roadway Donated Acreage Year Donated Value Per Square Total Value of Foot Donation Radio Road 1.043 1995 $1.59 $72,238.47 PB 21, pp. 68-69 .84 1993 $1.51 $55,549.50 PB 19, PP. 16-17 .60 1992 $1.44 $37,362.26 TAL 4514508~v4 312/2008 8 B ..-.tt To: Lawrence Massey, FDOT Date: March 3, 2008 Page 3 PB 15, pp. 42-43 .71 1988 $1.37 $42,403.55 PB 14, pp 78-80 1.46 1987 $1.30 $82,813.90 Santa Barbara 2.937 1988 $1.37 $175,280.54 Blvd., PB 14, pp 118-120 PB 14, pp 78-80 6.41 1987 $1.30 $363,309.7 PB 14, pp 50-52 6.47 1986 $1-24 $349,775.48 Total $1.178.733.40 Fair Share Methodology lIDs calculation of the Project's fair share based on Project volumes has not changed from the previous submittal. Table 2 utilizes the Project volumes from the point in time at which each link of Radio Road and Santa Barbara reached 10,000 ADT, which the ADA utilized for detennining when improvements were necessary. Thus, the project volume divided by 10,000 ADT determines the fair share for Radio Road and Santa Barbara Boulevard. The ADA forecasted total link volumes and Project trips for 1990, 1995, 2000 and 2005. Table 2 shows the year that each link was forecast to reach the 10,000 ADT-threshold and provides the corresponding Project volume for that year for the pUrpose of calculating the fair share. Where the target year occurred between 1990 and 1995, the total link volumes and Project volumes were interpolated as shown in Table 3. Please note that Santa Barbara does not require interpolation because the segment reached the 10,000 ADT -threshold in 1990, and project volwnes were forecasted for that year. This phasing approach is consistent with current proportionate share methodology, which calculates proportionate share based on the project trips for the phase that triggers the need for the improvement FDOT accepted this approach at our last meeting. Table 2: Berkshire Lakes Estimated Fair Share Costs Total Cost with Prop Costl (65%) for RIW and Road Unk Year MII.s Share CL Mile eEl SR84 nla 1991 1.24 1 $1,408,000 $2,880,75a Airport Road to Radio Livingston Road Road 1991 1 0.246 $1.408.000 $571,507.2 Livingston Road to Santa Radio Barbara Road Boulevard 1993 2 0.4911 $1,408,000 $2,281.847 Santa Golden Gate Barbara ParkWay to Boulevard Radio Road 1990 1.4 0.3367 $1,408,000 $1,095,110 $8,829,232 TAL 451450856v4 312/2006 r Sa ". .. To: Lawrence Massey, FOOT Date: March 3, 2008 Page 4 Table 3. Interpolation Calculations Based on ADA Interpolation for Radio Road (between Livingston and Airport) 1990 Volume 9535 1995 Volume 11601 1995-1990 volumel5 = 413.2 per year Unk forecasted to reach 10,000 ADT In 1991 per ADA 1990 ProjedVolume for same link 2093 1995 ProjedVolume for same link 3928 1991 Project Volume = 2460 Interpolation for RadIo Road (between Livingston and Santa Barbara) 1990 Volume 7482 1995 Volume 11226 1995-1990 volumel5 = 748.8 per year Link forecasted to reach 10,000 in 1993 per ADA 1990 Project Volume for same link 1995 Project Volume for same link 1993 Project Volume = 3219 6040 4911.6 Conclusion The developer paid $5.9 million in impact fees and provided right of way dedications valued at $1,178,733 for a 'total contribution of $7,078,733. This figure exceeds the fair share obligation calculated as $6,829,232, which again must be considered a conservatively high estimate. The Essentially Built Out Agreement also includes an additional $110,000 in contribution toward various transportation conditions. Based on these findings and the supporting compliance chart previously provided by our team, we request your support in advising the Department of Community Affairs that the developer has satisfied its DR! transportation obligations. TAL 451450858v4 31212008 If- . . I;'. ' ,( I :~". \ . 'j.; '~" ;, - - - .. Iii 111~IID!!llllaISI15151111!lil~111 III Isalslllllllllsllllalallaalalllla ial 11!!lliilllll!lllllllll!i!!II!BD! ~~~~\.: A a I alllll~~~5!511~5i!II~I'111 il!1 '~I L~',.fa IJI "~lllila'I~lllalillll!!g!IIIIIIS 1 II !a~!ISSI!III~I!SBI~SIII'B!~I~!!11 :.: ,.IH simmmssummmnnnm :i:,....~ I J J J IB!II!II~! OIIISS!S!- DO 0!!1!~!~'01 ";.: 15 .. J i ! ! ! ! ! ! ! ! ! ! ! ! ! ~ ! ! ! ! ! 9 ! ~ ! ! 5 ! ! ! ! ! 5 B ~ )~ ';S&iGiVQ&aS'QQQQQQ~iaii;8QQQQQi8 11 VQGQ~iiiAGoili~..ii..ooeQQiii;ioQ " i.l~ J~ i. ~ _ I .t' II -, l~ ; P -~Ji-~' Id~i '1 Uhjlhjj;JhIU,lj!!I:ji)j-ihJJi{Ji J'I"'I~~I I' 8) .."I~'II. ~f.J'. I.~ leI'! I Iii I r i Ii II i iii. I ~~ 'Ii....ii IIJli~i Jill' I 11111I1111 Ilfffll~lliffflllllll : ?L..... 1 \. :.a;.. , , t.",.,_ . . : :c.i~'" . ~..:., C.l 1- 0521'v.l164 ~ f 89 '." - - A u e "5 1II t: -< ....8B · '0; Ann P. Jennejohn From: Sent: To: Cc: Subject: ZoneMel issa [MelissaZone@colliergov.net] Tuesday. February 10, 2009 9:18 AM Ann p, Jennejohn Patricia L. Morgan; Smith, Glenda; Auclair, Claudia RE: Berkshire Lakes Hi Ann, John Agnelli just received the executed consent document from Exxon Mobil and will be bringing the complete origiii~; EBOA over to me sometime this week. They requested to see the County's draft cover letter to accompany the F30A transmittal to Mike McDaniel at DCA. Since the CAO hasn't informed me that they intend to write the lettu, I wi II draft one this week and everything should be finalized by early next week. Once it has been signed off by CAO and the applicant, I will forward the EBOA to you. Melissa Zone Principal Planner Depcr ment of Zoning & Land Development Review 280C ~. Horseshoe Dr. Nap: ", FL 34104 239-:52-2958 (phone) 239-...52-6372 (fax) www.r.Jlliergov.net -----Criginal Message----- From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerkcom] Sent 'uesday, February 10, 2009 8:16 AM To: L ,eMelissa Cc: P ricia L. Morgan; Smith_g; AuclairClaudine Subj . t: RE: Berkshire Lakes Good .\orning, Could someone please update our office on the status of the Berkshire Lake_ ')RI Closeout? Than IOU, Ann:' nneJoim Cieri J the Board Minul cS & Records Department 239-~ ",,2-8406 (Fax: 239-252-8408) ann.jennej ohn@collierclerk.com iginal Messagen_n From'::oneN,elissa [mai Ito:MelissaZone@colliergov.net] Sent\ondoy, January 05,2009 11:26 AM To: A :1 P. J cnnejohn 1 ..8 B .~~ Subjet: RE: Berkshire Lakes No problem, I don't want this petition to get lost. Hope you had a good start on the New Year, I have "50 far", Melis ,Zone Princi,) 11 Planner Depa. 11ent of Zoning & Land Development Review 2800 N. Horseshoe Dr. Napk." FL 34104 239-252-2958 (phone) 239-2,2-6372 (fax) www.cJlliergov.net -----( iginal Message----- From .nn P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent\cndcy, January 05,2009 11:25 AM To: L.c.neMe!lssa Subject: RE Berkshire Lakes Thank you fc.r the update Melissa. It is (very much) appreciated. Ann n___( 'igino! Message----- Frol, .."::cneA\ eli ssa [mai Ito:Mel issaZone@colliergov.net] Sent; t.\oncc/, January 05,2009 11:21 AM To: Sn.ith, Cenda; Auclair, Claudia; IstenesSusan; Ann P. Jennejohn Subje, ;; FW: Berkshire Lakes Below is a response from the applicant for Berkshire Lakes DRI. They are stili I/oiting for one signature and once that is complete, they will forw)' J the EBOA to me for final processing with Clerk's office and DCA. Mcli::.:.: ' Lon Princir I i)lc:nner Depot ncnt of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-29:)8 (phone) 23""-" 2-6372 (fax) ww"ilcr0cv.net ,sine: Message-nn From ohn /\gnelli [mailto:johnA@powercorp.net] Set.:. i\ ,once: , January 05, 2009 10: 12 AM To: Zc,leMci 550; dhn@consult-rwa.com 2 r-rSB Ii Subject: RE: Berkshire Lakes Melissa, I am sure Dwight has told you or called you on this but just in case - We cr: wait ing on a signature from Exxon Mobil. Their lawyers have asked for e ensive documentation in spite of the fact that Lane Wood has as cur'! the,n that they are assuming absolutely no obligations and are only bC'lefiting from this Agreement. We hope to get the signature this week at which time we will deliver the completely executed, original docw:l<:nt tc you. John John J. Agncili Ser\" r Vi ce ~)r'esident Powel :or'pcr'ation 3050 '. I--:c';eshoe Drive Sl.' :)5 N,:",'2s, FloilJa 34104 0, IH:c: 239-775-2230 Cell: 239-2iF5-0345 Fax: 239-77~5-1398 -----0 'iginal Message----- From: :one//e.lissa [mailto:MelissaZone@colliergov.net] Selt. , January 05,20099:48 AM Tc. k?ccnsult-rwa.com Cc ,,,,,1'.1'1 ,clli Sl..UjCC i: FV/ Berkshire Lakes Hi DV'Jht, hope your holidays were just as festive as mine. I hev '] :pcstion about Berkshire Lakes, did you or Lane send the EBOA to :)C wi thout staff reviewing the final agreement? It was agreed upon th .t ' ;;auld handle the DCA transaction but according to the email be 'lit:, it cp;:cars that your team has by-passed staff. Please update me or r "- :;;jct of the EBOA. Melissa Zone PrinCDol Planner D Den i 0 f Zoning & Land Development Review 2P' 'J. Hc:'seshoe Dr. Nar ''';5, FL 4104 239< 2-2958 (phone) 239 Y'2-6:i72 (fax) 3 ~ ,.' 8 B Co' WINw,c.::lli erqov.net From: AuclcirClaudine Sent: .',\oncky, January 05,20098:22 AM To: ::.,it Cc: Z neMciissa Sub,; c,~: ~~[: Berkshire Lakes Gc::d, ,omirg and Happy New Year. I hope the year will bring you health and happiness. WCJVe no~ yet received the payment but I did see Mr. Agnelli from POIN, . i'otion last week. They are waiting on the final signature frol~ iC rYA to give us the payment. Apparently, the attorneys for DCA askc fOi a !ditional information and Berkshire has provided them the re<' ;+cd (;ocuments. They will keep me posted of any development. Le ~ i i<no\J if you need any additional information. Frc Sa Tc: S\l . 5nit:"_9 ,J, Jr::sday, December 31, 2008 12:00 PM "!cudine kshire Lakes Claur. r1e, Did -j 'onspcf'tation every receive payment of the $100,000 for the Berv'-hire L'Jkes DRI closeout? Glc. _ ,i "] Un Pi, :';:0 Law, e-mail addresses are public records. If you do not WCir Jur' (-mail address released in response to a public records requr ;t, do not send electronic mail to this entity. Instead, contact thi-.:; c ::Ii,:::)y telephone or in writing. 4 Page 1 of 1 8B ',! ...., Ann P. Jennejohn ",__,__,w~wll"w,,~,__,.__.~_._.w__,__._,__.__,__~__"_.",_,ww_ From: ZoneMelissa [MelissaZone@colliergov.net] Sent: Tuesday, December 09, 2008 3:37 PM To: Ann P. Jennejohn Cc: RollinsCheri; Smith, Glenda Subject: RE: DRICLO-08-AR-13181 Berkshire Lakes DRI It is with Power Corp and they will be returning the agreement to me as soon as everyone has signed. It shouldn't be much longer (hope by end of week). The owner was out of town for the holiday. Melissa Zone Principal Planner Department of Zoning & land Development Review 2800 N. Horseshoe Dr. Naples, Fl 34104 239.252-2958 (phone) 239.252-6372 (fax) www.colliergov.net From: Ann P. Jennejohn [mailto:AnnJennejohn@colliercierk.com] Sent: Tuesday, December 09, 2008 3:35 PM To: ZoneMelissa Cc: RollinsCheri; Smith_g Subject: RE: DRICLO-08-AR-13181 Berkshire Lakes DRI That is weird. But, where is it?? From: ZoneMelissa [mailto: MelissaZone@colliergov.net] Sent: Tuesday, December 09,20083:34 PM To: Ann P. Jennejohn Cc: RollinsCheri; Smith, Glenda Subject: DRICLO-08-AR-13181 Berkshire Lakes DRI Hi Ann: The account string to charge the above petition is 131-138326. Melissa Zone Principal Planner Department of Zoning & land Development Review 2800 N. Horseshoe Dr. Naples, Fl 34104 239-252-2958 (phone) 239-252-6372 (fax) www.colliergov.net 12/9/2008 Page 1 of2 ""88 ..t~ Ann P. Jennejohn From: ZoneMelissa [MelissaZone@colliergov.net] Sent: Tuesday, February 24, 2009 3:58 PM To: Ann P. Jennejohn Cc: RollinsCheri Subject: RE: Berkshire lakes Ann, the contact person at DCA is: Mike McDaniel, Chief Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 Cheri, can you please prepare an envelope for the documents to be sent to the contact person and address above. Melissa Zone Principal Planner Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-2958 (phone) 239-252-6372 (fax) www.colliergov.net From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com] Sent: Tuesday, February 24, 20093:23 PM To: ZoneMelissa Subject: RE: Berkshire lakes Yes, please. We'll need a prepared envelope to hold any documents going to DCA and the contact person you would like the package sent to. Also,do we need to notify, or provide copies to others? One last thing; would you like us to send certified copies of the documents? Thanks for your help, Melissa! Ann From: ZoneMelissa [mailto:MelissaZone@colliergov.net] Sent: Tuesday, February 24, 2009 1:07 PM To: Ann P. Jennejohn Subject: Berkshire lakes Hi Ann, Cheri Rollins from our office will be coming by tomorrow morning to drop off the EBOA for Berkshire Lakes DRI close-out. Do you need us to send a carrier envelope (used to be DHL)? Melissa Zone 2/24/2009 , 8 BPage 2 of2 Principal Planner Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239.252-2958 (phone) 239-252-6372 (fax) www.colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2/2412009 SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mike McDaniel, Chief Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 COMPLETE nlls SECTION ON DELIVERY ': B .f' A. Signature o Agent o Addressee B. Received by ( Printed Name) I C. Date of Delivery D. Is delivery address different from Item 17 0 Yes If YES. enter delivery address below: 0 No x 3. Service Type o Certified Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Fonn 3811, February 2004 7004 2510 0001 7469 1258 Domestic Return Receipt 102595-02-M-1540 co -4 .g:1 !.Nc>>Q Ci U'I ;:$. 0 3: - ::7' U'I :I """ _. - C>>U'ItDn~= itn:JOtD ::7'~:l3: C 0 " :I """~ B ;II C>> g ~ C>> - a. :I tD :. - Wo::s:JtD N ;;;a U'I .:- W C>> C -. \C ~ :. Ii &1 \D tD rt _ -. 1_,,<vtD i'J< ......m....- "'a.::t;:J Q ~:J Q c>>_. -':J ;C 88 'It iii : o '" '0 '" ;:+ 3 ~ to g, Q e:l>~j~ ..,lrroZo--l::l~ ~~ Z ~~ Q ~JR5~~3 e,.,:fl=~~ ~:~~5.~;' ill~~N~:ii w~~~~~ < 0 '" '" 'O::l 3~ ~~ ;0 2' ro ~ ,... 8 B ~ ", CORPORATION BUILDERS & DEVELOPERS FOR OVER 30 YEARS 3050 N. HORSESHOE DRIVE. SUITE 105. . NAPLES. FLORIDA 34104 TELEPHONE 239-775-2230 FAX 239-775-1398 E-mail: powercorpl@yahoo.com Mike McDaniel, Chief Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Fl. 32399-2100 February 18,2009 Dear Mr. McDaniel, This letter transmits the Essentially Built Out Agreement for the Berkshire Lakes DRI ("Agreement") and supporting documentation. The Board of County Commissioners voted at a duly advertised public hearing on October 28, 2008, to authorize the Chairman to execute the Agreement. The County requests that the Department execute the Agreement based on the supporting findings provided in the Agreement and as documented in this letter. Please return the original agreement and retain a copy for your files. The County will furnish a copy of the executed agreement to the Developer. The Department previously reviewed a draft version of the Agreement and provided a letter, dated October 9, 2007 (enclosed), to the County requesting clarification in regard to four issues, as addressed by the following responses: 1) Clarify the extent of remaining development; Only two commercial parcels remain undeveloped and four single family lots. See November 14, 2007 letter from Greenberg Traurig, P.A., on behalf of Developer. 2) Address compliance with DRI D.O. conditions. The Developer has met all development order conditions, including transportation commitments. In certain cases, improvements were defined on an as warranted basis, and were provided when required by the County Engineer. In certain instances, sidewalks were not required at time of platting due to the expectation that widening would occur in the future and in recognition of impact fees paid by the Developer, in excess of contributions required by the D.O., as discussed in Paragraph 3 below. The Agreement also includes a $110,000 contribution from the Developer to the County to assist in implementing conditions calling for bike racks, which may not have been fully TAL 451,503,210v2 12-12-08 t 8 B ~~, implemented for all site plans. The Application includes a report which reviews compliance with all transportation commitments in the DRI D.O. 3) Demonstrate that the Agreement would not result in regional impacts not previously reviewed. The Agreement recognizes that self storage warehouse use had been approved as part of the commercial allocation prior to the exemption established by HB 683. The Developer submitted an analysis demonstrating that the impacts of the self storage use are more than offset by the reduction in commercial/office use resulting from the Agreement, which limits the build out of commercial/office use to 315,149 square feet versus the 375,000 square feet authorized by the ADA. The analysis documents that the impact fees and right of way donations provided by the Developer exceed the proportionate share obligations from the DRI Development Order by about $250,000. FDOT provided an email to the Department on March 6, 2008, which confirms FDOT's agreement that transportation conditions have been met. Collier County Transportation Planning Division provided a similar letter, dated March 7, 2008, to the Developer confirming that all transportation conditions have been met See Exhibit A. 4) Provide consent from other property owners in the DRI The proposed Agreement has been signed by ExxonMobil Oil Corporation and Berkshire Commons, Inc., the only vacant commercial landowners within the DRL The Agreement is consistent with ~380.06(15)(g)4.a and b(II), F.S., which allow for a DR! to be declared essentially built out if all of the development order conditions have been satisfied and if the Department agrees that "the amount of development to be built does not create the likelihood of any additional regional impact not previously reviewed." The supporting analysis demonstrates compliance with these requirements; therefore, the Developer and the County requests that the Department execute the Agreement as previously discussed. Your cooperation in this regard will be greatly appreciated If you have any questions regarding this matter, please do not hesitate to contact me at 239-775-2230. i/// elli President TAL 451,503,210v2 12-12-08 8B .,'.- :..., . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home. CHARLIE CRIST Go\Iernor October 9, 2007 THOMAS G. PELHAM RECelV1:o OCl 1 5 211I7 Trampartaticn Servicea DlvIafoI Ms. Claudine Auclair, Principal Planner Transportation Department 2885 South Horseshoe Drive Naples, Fl 34104 Re: Request for Essentially Built out Agreement for Berkshire Lakes Development of Regional Impact, Collier County (DCA ADA #: 983-010 - Dear Ms. Auclair: The Department of Community Affairs has completed the review of the proposed essentially built out agreement for Berkshire Lakes Development of Regional Impact (DRI). The project involves 1,093 acres located in the vicinity of Santa Barbara Boulevard and Devonshire Boulevard, in Collier County, Florida. Based on the agreement, the applicant appears to be seeking an essentially built out status for the project under the provisions of Chapter 380.06(15)(g)3, and 4.b(ll), Florida Statutes. The Department's staff has identified the follov,.ing sufficiency questions with the agreement. Pursuant to the provisions of Chapter 380.06(15)(g)3., a "development of regional impact is essentially built out, in that aU the mitigation requirements in the development order have been satisfied, all developers are in compliance with all applicable terms and conditions of the development order except the buildout date, and the amount ofprCJposed development that. remains to be built is less than 20 percent of any applicable development-of-regional-impacl threshold." Alternatively, pursuant to the provisions of 380.06(15Xg)4.a, and b(II), a project could be declared "essentially built out" if the "state land planning agency and the local government have agreed in writing that the amount of development to be built does not create the likelihood of any additional regional impact not previously reviewed." The jnformation provided is not sufficient to enable the determination of the eligibility of the Berkshire Lakes DR! for an "essentially built out" agreement for the following reasons: I. According to information in the proposed agreement, and the development order, the DRI was approved for 4,200 residential units, 375,000 square feet of commercial uses and other ancillary uses. The proposed agreement describes the amount of commercial uses that are currently developed and the amount that remains to be built; however, it does not address the amount of residential development built and the amount that remains to be built. Please, provide additional information regarding the 2555 SHUMARD OAK BOULEVARD TALLAHASSEE. FL 32399.2100 Phone: 850-488-8~66/SUNCOM 278-8466 Fax: 850-921.0781/SUNCOM 291-0781 Website. www.dca.state.fl.us COMMUNITY P~ING AREAS OF CRIllCAL STATE COMCERN fIELD OFFICE HOUSINGANO CO_UNITY DEVELOPMENT Phone: ~23!56ISUNCOM 278-2356 Phooe: 3O>289-l4ll2 Phone: 861l-488-7956JSU11CQ1,t 218-7956 Fax: 854J.<1a8.330!!ISUNCOM27&3J(]9 Fax: 305-2/19.20142 f'n B5ll-922-5SZ11SUNCOM 292-56:/3 8B ..~ ., Ms. Claudine Auclair, Principal Planner October 9, 2007 Page Two amount and type of development that was approved, the amount that has been developed, and the amount that remains to be developed including all the ancillary uses that were approved and developed. It is upon the receipt of the information regarding the amount of the development that remains to be built that the Department and all reviewing agencies will determine the eligibility of the DR! for an essentially built out agreement, based on the threshold established in the law above. 2. Information has not been provided demonstrating that all development order (D.O.) conditions have been addressed including all required mitigation. Also. it appears that the DR! consists of multiple parcels and lots which have been sold to various individual developers. Information h~ not been provided showing that ail deveiopers are in compliance with all applicable terms and conditions ofthe D.O., except buildout date. Please, provide information listing all D.O. conditions and evidence showing how they have been addressed. - 3. The agreement describes the number of trips that were attributed to the project when it was originally approved, and states that the development so far generates less traffic than the amount that was originally attributed to the DR!. In:view of this, it is asserted in the agreement that the development that is yet to be built (only commercial uses, according to the draft proposed agreement) does not create any likelihood of any additional regional impacts not previously reviewed. However, no information (in the form of traffic analysis and others) is provided demonstrating that the development that is yet to be built (residential and non-residential uses including ancillary uses) will not create any additional impacts on regional facilities. 4. As indicated earlier, it appears that the lots in the project have been sold to various individuals. No information has been provided demonstrating that all individuals who own property in the DRl have consented to the proposed essentially built out agreement request. Please, provide information listing all properties and consent order from each property owner for the essentially built out agreement request. The appruval from an entity representing all the owners and that has the authority to make binding decisions on behalf of all property owners, will be accepted as well Thank you faT the opportwrity to review the proposed essentially built out agreement for Berkshire Lakes DR!. If you have any questions on this matter, do not hesitate to call Bernard O. Piawah, Interim Regional Planning Administrator, at 850-922- 181 O. MMlbp };:t Y11 !: J1-J Mike McDaniel Chief, Comprehensive Planning cc: Mr. Daniel Trescott, Southwest Florida Regional Planning Council .' 8a ... Office of the County Attorney Deputy County Attomey Scoll R. Tcach _.~ " (,-.~<: {): RI:, ), ';:::>:,~." )j'~" ~i ';.;,;~, "'-~-~; ,,,,,.\.l,, , " .'Jii.'~jjJ' Jeffrey A. Klatzkow County Attorney Assistant County Attomeys Collccn M, Grccnc \Villiam E. Mountford M;u:ioric M. Studcnt-Stirling Jcnnilcr n. v\llilc Stcvcn T. vVilliams .JeIT E. vVright Robcrt N. Zachary Section ChiefS Hcidi F. i\shton-Cicko' Jacquelinc vV. Hubbard' 'llo;ml ('('11ilicd Cily. ('O""IV alld I.<K;d COICnIlll<:nl L,w February 23,2009 Mike McDaniel, Chief Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Essentially Built-Out Agreement for Berkshire Lakes DR! (DCA ADA #983-010) Dear Mr. McDaniel: In accordance with Section 380.06(15)(g)4.b(II), F.S., enclosed please find: 1. A proposed essentially built-out agreement executed by all parties except DCA 2. County Resolution 08-317 A 3. Letter dated February 18, 2009 to you from Power Corporation In support of the essentially built-out agreement If the agreement is acceptable to DCA, please have it executed and return the original to my attention. Thank you for your assistance and please feel free to call me if you have any questions. Very truly yours, OFFICE OF THE COUNTY ATTORNEY i , i (~) Enclosures 2800 North Horseshoe Drive, Suite 300 - Naples, Florida 34104 - Phone (239) 252-2939 - Facsimile (239) 252-6600 ,\ .. 'li. (L Heidi Ashton-Cicko Assistant County Attorney Dwight E. Brock Clerk of Courts ~.._-_..--- 'e~n!}i~9f-C~Q IIi er CLERK OF THE ClRCtJIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 41)044 NAPLES, FLORIDA 34 101-3044 -S9 '~ .'\i 'K,' Clerk of Courts Accountant Auditor Custodian of County Funds February 25, 2009 Mike McDaniel, Chief Planner Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Resolution 2008-317 A: Approving the Berkshire Lakes DRI Close-out and the Essentially Built-out Agreement Dear Mr. McDaniel: Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, October 28, 2008. Very truly yours, DWIGHT E. BROCK, CLERK a.u.u. ~ O.c.. Ann J enne.feb, U Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@colliercJerk.com ,.. 8 B . ~'" STATE OF FLORIDA) COUNTY OF COLLIER) Ir DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuitr Collier CountYr Florida, do hereby certify that the foregoing is a true and correct copy of: RESOLUTION 2008-317A: ADOPTED BY THE BOARD OF COUNTY COMMISSIONER'S ON OCTOBER 28, 2008 DURING REGULAR SESSION APPROVING THE CLOSE-OUT OF DEVELOPMENT ORDER 83-1, AS AMENDED, THE BERKSHIRE LAKES DRI THIS INCLUDES THE ESSENTIALLY BUILT-OUT AGREEMENT FOR THE BERKSHIRE LAKES DRI (DCA ADA #983-010) WITNESS my hand and the official seal of the Board of County Commissioners of Collier CountYr Floridar this 25th day of FebruarYr 2009. DWIGHT E. BROCK ,,;:! Clerk of Courts:,~'ri'd' Cle~iy Ex-officio to Board'of " . ....... County Commiss~o~ers '" , (~ ... ~~:..' 'O;~Lr ~ ",.,............, ',J.. p_.'.." \j _ _ ~ . By: Ann Jennejohnr Deputy Clerk "'S8 I.~ RESOLUTION NO. 08- 31 7 A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE DEVELOPMENT OF REGIONAL IMPACT CLOSING OUT OF DEVELOPMENT ORDER 83-1, AS AMENDED, FOR BERKSHIRE LAKES, LOCATED IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order Number 83-1 on August 16, 1983, which approved a Development of Regional Impact Development Order for Berkshire Lakes ("DRI"); and WHEREAS, the Board of County Commissioners approved amendments to the DR! in Resolution Numbers 85-165, 86-110, 87-275, 91-448, 92-676, 94-677 and 94-678; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the owners of the DRI property desire to closeout the DRI; and WHEREAS, Dwight Nadeau of RW A, Inc. representing John J. Agnelli of Power Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to closeout the DRI; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of staff and held a public hearing on the petition on October 28, 2008, NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the proposed closeout to the DRI, as described in Petition DRICLO-2008-AR-1318l, attached hereto as Exhibit "A" and made a part hereof, is hereby approved. 10f2 -8B '" BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this :J. 91 day of L'J d;;/:xJ.J2,..2008. AITESl':. Din",,' , . ~ "- - ~"1 DWIOHt E. BRO€~, CLERK ",'. " .. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA B~: 'Attest- I' '. .. .tlR't... Oft". Approved as to form and1legal sufficiency: f;uc{, A Cio Heidi Ashton-Cicko Assistant County Attorney 0.(. lark BY- TOM HENNING, C MAN ~ 08-CPS-008581261HFAC 8-29-08 .."..- ~ountY of COlUII I HEREBY CERTIFY TH,\r thzs Is a tnIe_ :orrect cooy ot aqOCl.m~"~nt on fUe In ~oard Minutes i~d{~~t'D01,a:; t)f Collier Count) ~ITNFSS mvb.~no. i3:idV~~.J;I.3J.. sealJhJ.fl ~ aay...M:.eo.:LiI1:.lllf~ dOCYt , "=~. jo .' . ./j . )WIGHT ~:.aROtK, ClERlt ~ coum ... ~,~~ "'J\ .#'" ~. 20f2 ~8 B'U~ RESOLUTION NO. 08- 31 7 A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE DEVELOPMENT OF REGIONAL IMPACT CLOSING OUT OF DEVELOPMENT ORDER 83-1, AS AMENDED, FOR BERKSHIRE LAKES, LOCATED IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order Number 83-1 on August 16, 1983, which approved a Development of Regional Impact Development Order for Berkshire Lakes ("DRI"); and WHEREAS, the Board of County Commissioners approved amendments to the DRl in Resolution Numbers 85-165,86-110,87-275,91-448,92-676,94-677 and 94-678; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the owners ofthe DRl property desire to closeout the DRl; and WHEREAS, Dwight Nadeau of RW A, Inc. representing John J. Agnelli of Power Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to closeout the DRl; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of staff and held a public hearing on the petition on October 28, 2008, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the proposed closeout to the DRI, as described in Petition DRICLO-2008-AR-13181, attached hereto as Exhibit "A" and made a part hereof, is hereby approved. 10f2 88 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this :2 9f day of ~0 rrt;;;~J2...2008. A'ITESl':. ~ ('If!,,: DW~OIIT E: BRcfc~. CLERK ... . . ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA MAN BV: ... Attest-a' . ,.~ ~.. Approved as to form M:a1 sufficiency:, ~. J1 Cto Heidi Ashton-Cicko Assistant County Attorney 0.(.. lark BY' TOM HENNING, C ~ . 08-CPS-008581261HFAC 8-29-08 20f2 r18 i B ,~" ESSENTIALLY BUILT-OUT AGREEMENT FOR THE BERKSffiRELAKES DEVELOPMENT OF REGIONAL IMPACT (DRI) This Agreement ("Agreement") is made and entered into by and among POWER CORPORA nON, a Florida corporation ("Power Corporation''), COLLIER COUNTY, a political subdivision of the State of Florida ("County"), and THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA"). WITNESSETH WHEREAS, Collier County is a political subdivision of the State of Florida and possesses appropriate legal authority pursuant to Chapter 380, Florida Statutes, to approve Developments of Regional Impact ("ORIs'') within its jurisdiction; and WHEREAS, the County approved tlBt certain DR! project known as Berkshire Lakes ORl and issued an appropriate development order to John J. Agnelli, as authorized representative on behalf of Barnett Bank Trust Company, N.A., Trustee under Trust No. 36-8750, pursuant to Resolution No. 83-1 adopted August 16, 1983 (the "Development Order''); and WHEREAS, in addition to the Development Order, the County also approved a related planned unit development ordinance, Ordinance No. 83-46, on August 16, 1983 (the "Berkshire Lakes PUO"), to provide appropriate zoning for development of the Berkshire Lakes DR! project; and WHEREAS, the property ("Property") comprising the Berkshire Lakes DR! project consists of 1 ,093 acres, more or less, and is more particularly described on Exhibit '~.. attached hereto and incorporated herein by virtue of this reference; and WHEREAS, Power Corporation is the successor developer of the Berkshire Lakes DRl project, having taken over from the original developer-applicant, Barnett Bank Trust Company, N.A., as Trustee under Trust No. 36-8750; and WHEREAS, DCA is the state land planning agency responsible for the administration and enforcement of Chapter 380, Florida Statutes, including those provisions relating to DRIs such as the Berkshire Lakes ORI projec1; and WHEREAS, pursuant to Section 380.032(3), Florida Statues, DCA is authorized to enter into such agreements as may be necessary to effectuate the provisions and purposes of Chapter 380, Florida Statutes; and WHEREAS, the applicable Development Order for Berkshire Lakes DRI, as amended, allows for the development of 4,200 residential units and 42.5 acres of commercial property or an estimated 375,000 square feet; and WHEREAS, the original development-of-regional-impact review for Berkshire Lakes DRl assumed that all commercial development within the project would be comprised of retail shopping and general office space; and WHEREAS, based upon the foregoing assumptions, Berkshire Lakes DR! was projected to generate 52,744 Total Average Weekday Trips upon completion ofall proposed development; and Prolaw: 63596.7 rSB WHEREAS, actual existing commercial development within the project thus far consists ofa total of371,212 square feet of space, 204,729 square feet of which is retail shopping space, 37,320 square feet of which is general office space, and 129,163 square feet of which is self- storage mini warehouse space; and WHEREAS, 129,163 square feet of self-storage mini warehouse space represents over one-third (1/3rd) of the total proposed commercial development within Berkshire Lakes DRI~ and WHEREAS, self-storage mini warehouse space has approximately ninety- five percent (95%) less traffic impacts than does retail shopping or general office space, based upon current averages published by the Institute of Transportation Engineers ("ITE"); and WHEREAS, according to current ITE averages for all land uses within the project, Berkshire Lakes DR! is projected to generate just 41,444 Total Average Weekday Trips upon completion of aU proposed development as described herein below~ and WHEREAS, 41,444 Total Average Weekday Trips represents a significant reduction of over 11,000 Total Average Weekday Trips, or approximately twenty-one percent (21%) less traffic impacts, as compared to that which was originally approved for Berkshire Lakes DR!; and WHEREAS, in light of this reduction, the parties agree that the proposed development described herein below does not create the likelihood of any additional regional impacts not previously reviewed; and WHEREAS, only a small amount of vacant land and swplus parking lying within the commercial areas of the Berkshire Lakes DR! project remain suitable for the additional development contemplated herein; and WHEREAS, all of said vacant land and surplus parking (the "Developable Land") is located within the Berkshire Commons Shopping Center ("Berkshire Commons ') situated at the northwest corner of Radio Road and Santa Barbara Boulevard in Naples, Collier County, Florida, and more particularly described as: Parcels 2 and 3, Berkshire Commons Parcel "1, 2 & 3", according to the plat recorded in Plat Book 38, Pages 30 and 31, of the Public Records of Collier County, Florida; AND Those portions of Tract F, Berkshire Lakes, Unit One, according to tbe plat recorded in Plat Book 14, Pages 118-120, of the PubBc Records of CoWer County, Florida, being more particularly described as Revised Lot A and Revised Lot B in Exhibits 1 and 2 of that certain instrument recorded at O.R. Book 4328, Page 4044, of the Public Records of Collier County, Florida; and WHEREAS, said Developable Land is intended to be used and developed subject to the following-described parameters (the "Development Parameters"): (i) No more than 14,000 square feet of newly constructed Office Development (as defined in Chapter 28-24.020, F.A.C.) may be located upon the Developable Land, excluding Outparcels E and &1 as shown on Exhibits "B" and "C" attached hereto; Prelaw: 63596.7 2 ":'~i8 B ...~ (ii) No more than 56,000 square feet of newly constructed Retail and Service Development (as defined in Chapter 28-24.031, F.A.C) may be located upon the Developable Land, excluding Outparcels E and E 1 as shown on Exhibits "B" and "C" attached hereto; (iii) No more than 3,100 square feet of additional principal use Retail and Service Development (as defined in Chapter 28-24.031, F.A.C) may be located within Outparcels E and E-l of the Developable Land shown on Exhibits "B" and "c" attached hereto, provided said development is made in connection with the expansion and redevelopment of an existing Mobil Gas Station Retail Convenience Store now located upon Outparcels E and &1, and further provided that the newly redeveloped Mobil Gas Station Retail Convenience Store may contain a principle use structure of up to 4,200 square feet in the aggregate so long as the existing Mobil Gas Station Retail Convenience Store facility of approximately 1,000 square feet now located within the Developable Land is also demolished in connection with the contemplated expansion and redevelopment project. An accessory use car wash facility may also be constructed upon Outparcels E and E 1 of the Developable Land, provided the existing accessory use car wash facility now located upon Outparcels E and E 1 of the Developable Land is also demolished in connection with the contemplated expansion and redevelopment project am WHEREAS, all existing commercial development within Berkshire Commons as of the date of this Agreement ~ depicted in the site plan marked as Exhibit 'B" attached hereto and incorporated herein by virtue of this reference; and WHEREAS, all known projects presently proposed for development within Berkshire Commons, including the above-described expansion and redevelopment project, shall be located within the Developable Land as delineated in Exhibit "e" attached hereto and incorporated herein by virtue of this reference; and WHEREAS, said proposed projects, or some vanatton thereof consistent with the Devebpment Parameters set forth above, may be built until expiration of the Development Order; and WHEREAS, the Development Order lacks any stated termination, build-out or expiration date for purposes of development of the remaining vacant commercial real property within Berkshire Lakes DR! in general, and Berkshire Commons in particular, and WHEREAS, the parties desire to add a measure of certainty to the Development Order and to provide for a reasonable termination, build-out or expiration date for purposes of current and future development of the commercial areas within Berkshire Lakes DR! in general, and the Developable Land of Berkshire Commons in particular; and WHEREAS, Berkshire Commons, Inc., a Florida corporation ("Berkshire"), owns most of the Developable Land described herein above, excluding those portion:; of the Developable Land commonly known as Outparcels E and E-I as shown on Exhibits "B" and "e" attached hereto, which portions are owned by ExxonMobil Oil Corporation, a New York corporation ("ExxonMobil"); and Prolaw: 63596.7 3 t.. 8 B ." ~ WHEREAS, Berkshire currently has an application for site development plan approval in process with the County for the development of that portion of the Developable land within Berkshire Commons commonly known and referred to as "Parcel 3" on Exhibits "B" and "c" attached hereto, pursuant to application SDP-AR-8091, which application is hereby incorporated herein by virtue of this reference (the "Berkshire Project"); and WHEREAS, ExxonMobil currently owns and operates a retail gas station and convenience store shopping facility of approximately 1,000 square feet upon those portions of the Developable Land commonly known and referred to as Outparcels E and Ii- I on Exhibits "B" and "c" attached hereto, and further has an application for site development plan approval in process with the County for the development and redevelopment of Outparcels E and E-l as described herein above, which development, redevelopment and expansion project shall encompass both Outparcels E and Ii- 1 of Berkshire Common;, including a portion of the Developable Land, all pursuant to applicatioIW SDPI-AR-10425 and SDP-AR-9883, which are hereby incorporated herein by virtue of this reference (the "ExxonMobil Project"); and WHEREAS, Berkshire and ExxonMobil have an interest in building out their respective commercial real properties and projects as described herein above; and WHEREAS, the infrastructure necessary to support the current Berkshire and ExxonMobil Projects, and all future commercial projects within the Developable Land of Berkshire Commons is already in place, or can readily be constructed within the boundaries of the Developable Land of Berkshire Commons, as and when needed, including without limitation, sidewalk, bike lane, parking, access, utility and storm water management facility improvements; and WHEREAS, the County has nevertheless requested that Power Corporation provide funding in the amount of One Hundred Ten Thousand and nol100 DollaIS ($110,000.00) for certain sidewalk, bike lane and roadway infrastruc ture and other improvements referenced in the Development Order for Berkshire Lakes DR! and the associated Berkshire Lakes PUD, notwithstanding the fact that the County has passed numerous road impact fee ordinances subsequent to approval of the Berkshire Lakes DR! and PUD project, pUISuant to which the County has charged and collected road impact fees of over $6 million against the subject Property, without reduction, credit or set-off of any kind for transportation and other improvements donated, funded and/or constructed in and around the Property, and WHEREAS, the parties have documented the foregoing facts and circumstances and the developer's contribution and satisfaction of all applicable commitments and mitigation requirements pursuant to the Development Order for Berkshire Lakes DR! and the associated Berkshire Lakes PUD, as evidenced in dllt certain memorandum produced by the law firm of Greenberg Traurig, dated March 3, 2008, addressed to Mr. Lawrence Massey, Growth Management Coordinator for the Florida Department of Transportation, a copy which memorandum (the "Greenberg Memorandum"), as approved by Mr. Masseyon March 6,2008, is attached as Exhibit "0" hereto; and WHEREAS, the parties now desire to enter into this Agreement to address and settle the above-described issues and any related issues, all as set forth herein below. NOW, TIIEREFORE, for and in consideration of the mutual covenants contained herein, it is hereby agreed as follows: ProLaw: 63596.7 4 ... 8 B '"... 1. correct. Recitals. The parties hereby agree that the above-descnbed recitals are true and 2. Essentially Built-Out. The parties hereby agree that the Berkshire Lakes DRI project is "essentially built-out" in accordance with Section 380.06(15)(g)4.a and .b(ll)., Florida Statutes, because (a) the uses, internal roads and storm water management system are all consistent with the terms and conditions of the Development Order, (b) all infrastructure and physical improvements required by the Development Order have been made or provided for as demonstrated by the Greenberg Memorandum; and (c) the amount of development remaining in the build-out does not create the likelihood of any additional regional impacts not previously reviewed. 3. Affect on Other Local Approvals and Zonin2. The parties hereby agree that this Agreemert shall not affect other local approvals or zoning for Berkshire Lakes DR!, as amended, except as may be specifically provided for elsewhere herein or necessary to cany out the intent of this Agreement. 4. Final DeveloPment. OCA and the County hereby agree that the commercial areas of Berkshire Lakes DRI, and in particular the Developable Land within Berkshire Commons, may be developed without further development-of-.regiona~impact review, subject to and in accordance with the terms and conditions of (a) the Development Order, as amended; (b) the County's comprehensive plan and applicable land development regulations; and (c) the Development Parameters and other terms and conditions set forth in this Agreement which allow no more than an aggregate total of 73,100 square feet of additional principal land uses to be developed upon the Developable Land legally described herein and graphically depicted on Exhibit "C" attached hereto. The parties hereby further agree that development and redevelopment of the commercial areas of Berkshire Lakes DRI, as contemplated by this agreement, shall be permitted under the Development Order, as amended, until the date which is seven (7) years after the date the last party has properly executed this Agreement. For purposes of this paragraph, the submission of an application for site development plan approval (or its equivalent) prior to expiration of the 7-year period contemplated herein above shall preserve the applicant's right to develop the subject premises, regardless of the date of site development plan approval or construction of the improvements described therein. Notwithstanding anything elsewhere herein to the contrary, development of vacant residential real property within Berkshire Lakes DRI shall be permitted as ani when requested by the respective owner(s) of said parce(s), subject to compliance with the County's comprehensive plan and applicable land development regulations in affect at the time, without regard to the date of request or any expiration date otherwise imposed by this Agreement. 5. Accuracy of Information Power Corporation represents and warrants that the information it has presented in connection with the negotiation of this Agreement and the recitals set forth hereinabove are, to the best of its kIlo w ledge, true and accurate. Based upon such information and representations, the OCA concludes that this Agreement reasonably applies and effectuates the provisions and purposes of Chapter 380, Florida Statutes. 6. Remedies. In the event of a breach of this Agreement or failure to comply with any tenn or condition of this Agreement, or if this Agreement is based upon materially inaccurate information knowingly presented by Power Corporation as contemplated in the preceding paragraph, the OCA may terminate this Agreement or file suit to enforce this Agreement as provided in Section 380.11, Florida Statutes. Injunctive relief shall be granted to Prelaw: 63596.7 5 t 8 B the DCA or the County in the event of a breach of this Agreement or a failure to comply with any terms or conditions imposed by this Agreement. 7. Limited Effect This Agreement affects the rights and obligations of "parties" under Chapter 380, Florida Statutes. It is not intended to determine or influence the authority or decision of any other state or regional agency or the County in connection with the issuance of any other permits or approvals required for further development as authorized by this Agreement. This shall include, without limitation, applications for Site Development Plan Approval Nos. SDP-AR-8091, as ammded, and SDPI-AR-I0425/SDP-AR-9883. as amended, for the Berkshire and ExxonMobil Projects, respectively. Approval of the Berkshire and ExxonMobil Projects shall be subject to review and comment in accordance with the established procedures of Collier County. 8. Bindin2 Effect The terms and conditions of thE Agreement shall run with the Property subject to the Berkshire Lakes DRl and shall inure to the benefit o( and be binding upon, the heirs, personal representatives, successors and assigns of the parties hereto. Power Corporation shall record a notice of this Agreement which complies with Section 380.06(l5)(f), Florida Statutes, in the official records of Collier County, Florida, and shall provide DCA with a copy of the recorded notice within thirty (30) days of execution of this Agreement. 9. Retained Rights. All parties retain rights to take any action or prosecute any proceedings provided for by law, notwithstanding this Agreement. Nothing contained herein shall act as a waiver by Power Corporation of its rights to limitation on liability as provided for in Section 375.251, Florida Statutes. 10. Severability. The invalidation of any provision or provisions of this Agreement by lawful court order shall not modify any of the other provisions of this Agreement, which other provisions shall remain in full force and effect. II. Effective Date. The Effective Date and the date of execution of this Agreement shall be the date the last party signs and acknowledges this Agreement. 12. Consideration As partial consideration for the approvals and agreements contained herein, Power Corporation shall, within ninety (90) days of the Effective Date of this Agreement, pay to the County the sum of One Hundred Ten Thousand and no/l00 Dollars ($110,000.00). 13. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same Agreement. Prelaw: 63596.7 6 88 .., IN WITNESS WHEREOF, the parties by and through the undersigned duly authorized representatives have executed this Agreement on the dates set forth below. Signed, sealed and delivered in our presence as witnesses: (Corporate Seal) POWER CORPORATION, a Florida corporation By: c::J Tntl t2fL{(, V{lf){j f- n!3. { .~ Signature of Witness #1 Br ;( Print N Title: STATE OF FLORIDA COUNTY OF COLLIER The fqregoing i stIUment was acknowled~ before me thisI9;~ day of b~t!E",,5EL , 2008, by tJ/If I I e. as ~I /)f oN r and on behalf of Power Corporation, a Florida corporation, who is personally known to me or 0 who Ills produced (type of identification) as identification. d/i NOTA TYPED, PRINTED OR STAMPED N~~TAoR,y, MY COMMISSION EXPIRES: p (.. vathye VanKerschaever ,~ ~ Commission # 00467293 1~ ,/ Expires September 19,2009 ()F f\: Bonded Troy Fam. Insurance Inc 800.385-7018 ProLaw: 63596.7 7 88 ('I,. .... FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SignatUre of Witness #1 By: PrintedlTyped Name of Wi bless #1 Print Name: Title: Signature ofWitnc:ss #2 PrintedlTyped Name of Witness #2 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2008, by as and on behalf of the Florida Department of Community Affairs, 0 who is personally known to me or 0 who has produced (type of identification) as identification. NOTARY PUBLIC TYPED, PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: Prolaw: 63596.7 8 ~ ~ li STATE OF FLORIDA COUNTY OF COLLIER 88 BOARD OF COUNTY COMMISSIONERS OF COLLIER C UNTY, FLORIDA BJ~ Print Name~"'" ~ \N' Title: ClCJ...: f'-"""'u.N A:llm~..", OWI_~:e.:BROOKI CLERK before me this.;;?~~y of )..lb()Pfrl~r/ . as I ,., and on behalf of the Collier County. Florida, who is personally known to me (type of identification) as identification. ~~~ Prolaw: 63596.7 TYPED, PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION r:vnTDr:". ~~~.. CAROlYN SUE RLSON f*rI:."":.{ MY.COMMISSION' DO 748730 ~6'~1 EXPIRES: ApfiI28, 2012 ~i#.,i\.if-'.' 80,,'j9cJ Thrv NolIIy Pub/Io Underwrll8ra 9 .. f'~ 0.( . s r."~ 8 B ',; 1!"1l JOINDER & CONSENT The undersigned do hereby join it and consent to the above-described Agreement for the sole and exclusive purpose of establishing a time frame for final development within the commercial areas of Berkshire Lakes DRI, all as set forth above. Signed, sealed and delivered in our presence as witnesses: STATE OF FLORIDA COUNTY OF COLLIER Prolaw: 63596.7 (Corporate Seal) BERKSHIRE COMMONS, INe., a Florida corporation By: Title: Wft1. 'T ( ~RE.S TYPED, PRINTED OR STAMPED MY COMMISSION EXPIRES: hye VanKerschaevel · * ommission # 00467293 11:- .I Expires September 19, 2009 OF r\..' Bond~d Troy Filln In<suranee 1I1c; OOO~385.7019 10 8 ad."", JOINDER & CONSENT The undersigned do hereby execute this Joinder and Consent to the above- described Agreement for the sole and exclusive purpose of establishing a time frame for final development within the commercial areas of Berkshire Lakes DR!, all as set forth above, but subject to the following: It is specifically understood and agreed that execution of this Joinder and Consent does not in any way obligate ExxonMobil to undertake the proposed expansion and redevelopment of the existing Mobil Gas Station Retail Convenience Store as set forth in the Agreement. Rather, the sole purpose of this Joinder and Consent is to provide a final date within which the proposed expansion must be completed if undertaken by ExxonMobil or its successor(s) in interest. Minor renovations of this site in the interim, including but not limited to, replacement of underground piping associated with the underground storage tanks, exterior painting, changes or updates to signage, and similar repairs/renovations which do not increase the size of the existing Mobil Gas Station Retain Convenience Store, may proceed subject to applicable regulations, and will not trigger any additional obligations set forth in the Agreement. It is expressly understood and agreed that the developer, Power Corporation remains solely responsible and liable for all of its obligations under the original Development Order (as amended), the Berkshire Lakes PUD (as amended) and the above described Agreement (collectively "Development Agreements") and that ExxonMobil's execution of this Joinder and Consent does not subject ExxonMobil to any of Power Corporation's obligations under the Development Agreements. Specifically, ExxonMobil has no obligation to assist Power Corporation in meeting any of its obligations under the Development Agreements, nor does ExxonMobil have any obligation to payor contribute any sums, including but not limited to those sums described in paragraph 12 of the Agreement, otherwise due from or requested of Power Corporation for infrastructure or other improvements. SIGNATURES TO FOLLOW ON NEXT PAGE FTLDOCS 5397376 I Signed. sealed and delivered in our presence as witnesses: (Corporate Seal) EXXONMOBIL OIL CORPORATION, a New York corporation ~- Signa itne~~ # I f?~~~ R WJlI14ifJ. By: -S/9cq~~J ~ ~CI~'()~/l7 PrintedITyped Name of Witness #J ~ i 'TLJJ.~, I~)(, J(jIk!fict ~ofWitness#2 ' A(:'(-~6 S/11ITf-/ Lit N(J.A6-rfL PrintedITyped Name of Witness #2 STATEOF ?Jr-<-'~ COUNTYOF ~OL.'1I-",~ The foregoing instrument was acknowledged before me this ~ # day of .:J A 2009 b L@ .} '../ Il.'. Amt?r/c u ~ I~~$' T d 74bl.u.uz:1E ' , y 1..I..//~'7 as Ihnl],o.O...M....,1- 3-t,,,.na,ii~r an on behalf 0 ExxonMobilOil orporation, New York corporation,)it who is personally known to me or 0 who has produced (type of identification) as identification, ~ ~Ait;;;;m.trcc;:7a~"#"~ 'ao/I/J~ {i Ro..,LAre.lC?1' TYPED, PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: 9' -;;S " .- C' p r 1># 3/"- &u S Print Name: Title:AlJ1eJ..;{Jtfs~<;:!\",fIiJ9/J1t/J1~'" . ACKNOWLEDGEMENT OF DEVELOPER Power Corporation, a Florida corporation, as successor Developer of Berkshire Lakes DR! project more fully described in the Agreement, acknowledges and concurs with those agreements and understandings set forth in the above and foregoing Joinder and Consent of ExxonMobil Oil Corporation. SIGNATURES TO FOLLOW ON NEXT PAGE FTLDOCS 5397376 I 8 B ~~" r 8B ."~ Signed, sealed and delivered in our presence as witnesses: (Corporate Seal) POWER CORPORA nON, a Florida corporation ,i~ / !bL Signature Witness # 1 By: Print Name: d 7 #'" ~ ~ Title: r;;;::,9 / i)E -U /-" 'beu~( J~ L (rJO/C PrintedITypedName of WItness #1 ~aru~ V~ Signature of Witness #2 Melanie.. Vonde n8rLfu:., PrintedITyped Name of Witness #2 STATE OF ;::;,R./v/J COUNTY OF ~/-L-I E-L ~./ day of .'Jr" ~(.&~/ Cathye VanKerschaever ~ Commission # 00467293 , ' -I Expires September 19,2009 , (~ f'. t.. Ponded Troy F.lIf'\. Inl':lurance. Inc: 800--385.7019 FTLDOCS 5397376 I 8 B "'-' EXHIBIT "A" BERKSHIRE LAKES DRI LEGAL DESCRIPTION Section 32, Township 49 South, Range 26 East, Collier County, F]orida; less South 50 feet for Right-of.Way for Radio Road (County Road 856); less that land as described in O.R. Book 818, Page 806 of Collier County, Florida. ALSO, the West 5/6 of the West 1/2 of Section 33, Township 49 South, Range 26 East, Collier County, Florida; less South 50 feet for Right-of.Way for Radio Road (County Road 856); less that land as described in O.R. Book 8]8, page 810 of Collier County, Florida. ALSO the East 1/2 of Section 5, Township 50 South, Range 26 East, Collier County, Florida; less South 75 feet for Right-of. Way of Davis Boulevard Extension (S.R. 84); less North 50 feet for Right-of-Way of Radio Road (County Road 856). Subject to easements, restrictions, and reservations of record; containing :t 1093 acres more or less. ProLaw: 63596.4 t, .., t I S. l i I il 8 J r ~ I ~ I :I~I i ~~~i I ! ~p ! f i I' I: f l "- -, i I I ! ...... '- -", '''- '''-. '\, \ \ . \. \ , \ \ , \ \ ~ ~ i ~ i ~ ;OJ " - ~..... ! OJ & 1 ~ [J\~~ ~.. ~ cf~~~ ~~ @\~~~ ~ s~ :~~ . ~;: "r1~ ~~~ ~!'.l~ ~..!S ~"'"~ ;g,,~ .u 5:0..,. ~ . P;[ ~ ~:'~ r:: - ~~B r 9~~ N ......Z ~ In ~ ___~~L__ _____________ ________ __ ___~_____ ___________ __ _____~ ______ "~I ~ GA18 V~V8(j"i'8 VlNVS - ~ EXHIBIT "B" - ...y.... -,...- a.-m .-ss _ _ -- JOHN AGNEW / POWER CORP. r.., BERKSHIRE COMMONS - Rl~{~~.~ ---......................- ...-- ..-.... .....,JJIIllO -- ".:!.'!.!..- ~.u:.._ EXISTING CONDrrJONS EXHIBIT I . I DJlN .f .~ i ~ l " i i 8 8 J f I i I i f :j.~1 ~ ~~~i i' ,...11 I - f I l f I ~ i ~ !6i .. - 2..... ~(') ! 1 ~ 8 B ~~~ '- '-. \ \ \ \ \ \ ~ JI ! -0 ---~~ ----- -------------- ----------':---------- -- ------ ---- -~._----- ~~I ~ O^l8 V~V8~V8 V1NVS - D il;ll- ~ ~i ~ ~ g~ R a; ~a r;; ~~ g ~ EXHIBIT "C" - - ..:.I- - -= -- .. JOHN AGNEUJ / POWER CORP. ,...,___ J-." -- 1<<11'."'" A..I..u:.W'. , _, ~"N IEVEUJ'ABLEUNDEXHIJIT - DlITf IMC=-- .F>>'{~1;+\ ~.~... --......-...........- ..-- ---- BERKSHIRE COMMONS ~1. 8 B ~'.1 Exhibi t liD" Greenberg Traurig Memorandum TO: Lawrence Massey, FDOT CC: Claudine Auclair, Collier County Nick Casalanguida, Collier County FROM: Kenneth B. Metcalf, AICP, Director of Planning DATE: March 3, 2008 RE: Berkshire Lakes DRl - Comparison of Impact Fees and Proportionate Share to Support Essentially Built Out Agreement Introduction The Berkshire Lakes DR! ("Project'') is now nearly built out with only one undeveloped commercial site remaining. In order to reach closure on the DRI, Collier County worked with the developer of Berkshire Lakes to draft an Essentially Built Out Agreement pursuant to g380.06(15)(g), F.S. One of the requirements for such an agreement is that all conditions of the development order have been appropriately satisfied. In reviewing the draft agreement, DCA requested confirmation from FOOT that the transportation conditions set forth in the DRl development order have been satisfied. In response to this request, we have been working with County staff and FOOT staff in a cooperative manner to document how the transportation conditions were met. As we've discussed, the developer paid $5.9 million in impact fees and donated substantial right of way as the means of complying with the fair share payments required by the development order. Collier County has agreed that such payments shall be creditable toward the DRl obligations as legally required by the courts and Florida Statutes to avoid duplicative charges. During our meeting on January 31, 2008 and a subsequent conference call on February 14,2008, we discussed the methodology for this report in detail and reached agreement on a final set of assumptions that would be used to document that the unpact fees and value of the right of way donations exceed and satisfy the transportation conditions set forth in the development order. The purpose of this report is to swnmarize the methodology as agreed upon by the parties and to present the results, which demonstrate that the developer has satisfied the requirements of the development order through the payment of impact fees and donation of right of way. Agreement OD Methodology/Assumptions The methodology presented in this report is consistent with the agreement reached at our previous meeting and follow up conference call on February 14,2008. We reach agreement on the following assumptions for this final report: TAL 451450856v4 3'212008 88 b~ To: Lawrence Massey, FOOT Date: March 3, 2008 Page 2 1) utilize the mid-range, per-mile construction cost estimates provided by FDOT for 1990-91 as set forth in your February 5 email; 2) utilize a 1.65 multiplier to account for the additional costs of right of way, engineering, eEl and other costs as reported in your February 5, email; 3) credit right of way donations provided by the Developer for Radio Road and Santa Barbara Boulevard; 4) continue to utilize ADA trip assignments and methodology as previously presented for the purpose of determining the project's share. We have agreed to utilize these assmnptions in the interest of resolving these issues expeditiously. We continue to believe that the 1.65 multiplier for right of way and soft costs is excessive and not appropriate for the early 19905, recognizing that it was the statewide average for the period from 2000-2005. While the right of way estimate (19%) appears reasonable and fairly consistent with the percentages reported for Collier COWlty (15%) for Radio Road, local data confirm that the soft costs locally were much lower than 46%. We also continue to assert that the plain language of the development order does not require a proportionate share based on right of way and soft costs, but is rather limited to construction costs only for S.R. 84. Similarly, we do not agree that the fair share for "upgrading" Radio Road and Santa Barbara Boulevard refers to a share of widening. In that case, the language would have referred to widening. Statutory construction principles would give a different meaning to upgrading versus the term widening because both terms are used in different conditions within the DRI development order. We reiterate these points to emphasize that the calculations presented in this report should be considered very conservative in terms of assuming the worst case "fair share costs" for comparison to the impact fees and right of way donations provided by the developer. Right of Way Donation Value The right of way costs donation values were determined by using the 1995 per square foot value documented for Radio Road right of way as reported in the County's impact fee study. Attachment A provides an excerpt from the study. TIlls figure was then reduced by 25% to account for administrative overhead associated with the right of way transaction. lbis resulted in a. value of $1.59 per square foot. This value was then discounted at an annual rate of 5% to estimate the values for the target years during which each right of way link was donated, which occurred for various links between 1986 and 1993. The resulting right of way values are set forth in Table 1 below for Radio Road and Santa Barbara Boulevard. Table 1. Right of Way Donation Values Roadway Donated Acreage Year Donated Value Per Square Total Value of Foot Donation Radio Road 1.043 1995 $1.59 $72,238.47 PB 21, pp. 68-69 .84 1993 $1.51 $55,549.50 PB 19, pp. 16-17 .60 1992 $1.44 $37,362.26 TAL 451450856v4 312/2008 ~8B ,..-~ To: Lawrence Massey, FDOT Date: March 3, 2008 Page 3 PB IS, pp. 42-43 .71 1988 $1.37 $42,403.55 PB 14, pp 78-80 1.46 1987 $1.30 $82,813.90 Santa Barbara 2.937 1988 $1.37 $175,280.54 Blvd., PB 14, pp 118-120 PB 14, pp 78-80 6.41 1987 $1.30 $363,309.7 PB 14, pp 50-52 6.47 1986 $1.24 $349,775.48 Total 51,178.733.40 Fair Share Methodology This calculation of the Project's fair share based on Project volumes has not changed from the previous submittal. Table 2 utilizes the Project volumes from the point in time at which each link of Radio Road and Santa Barbara reached 10,000 ADT, which the ADA utilized for detennining when improvements were necessary. Thus, the project volume divided by 10,000 ADT detenn.ines the fair share for Radio Road and Santa Barbara Boulevard. The ADA forecasted tota11ink volumes and Project trips for 1990, 1995, 2000 and 2005. Table 2 shows the year that each link was forecast to reach the 10,000 ADT-threshold and provides the corresponding Project volume for that year for the purpose of calculating the fair share. Where the target year occurred between 1990 and 1995, the total link volwnes and Project volumes were interpolated as shown in Table 3. Please note that Santa Barbara does not require interpolation because the segment reached the 10,000 ADT -threshold in 1990, and project volwnes were forecasted for that year. 1bis phasing approach is consistent with current proportionate share methodology, which calculates proportionate share based on the project trips for the phase that triggers the need for the improvement FDOT accepted this approach at our last meeting. Table 2: Berkshire Lakes Estimated Fair Share Costs Total Cost with Prop Costl (65%) for RIW and Road Unk Year Miles Share CL Mire eEl SR84 n1a 1991 1.24 1 $1,408,000 $2,880,768 Airport Road to Radio Livingston Road Road 1991 1 0.246 $1,408,000 $571,507.2 Livingston Road to Santa Radio Barbara Road Boulevard 1993 2 0.4911 $1,408.000 $2,281.847 Santa Golden Gate Barbara Parkway to Boulevard Radio Road 1990 1.4 0.3367 $1,408.000 $1,095,110 $6,829,232 TAL 451450856'14 3I2J2OO6 t.' 8a t"" To: Lawrence Massey, FOOT Date: March 3, 2008 Page 4 Table 3. Interpolation Calculations Based on ADA Interpolation for Radio Road (between Livingston and Airport) 1990 Volume 9535 1995 Volume 11601 1995-1990 volumel5 = 413.2 per year Link forecasted to reach 10,000 ADT In 1991 per ADA 1990 Project Volume for same link 2093 1995 Project Volume for same link 3928 1991 Project Volume = 2460 Interpolation for RadIo Road (between Livingston and Santa Barbara) 1990 Volume 7482 1995 Volume 11226 1995-1990 volumelS = 748.8 per year Link forecasted to reach 10,000 in 1993 per ADA 1990 Pro.iectVolume for same link 1995 Project Volume for same /ink 1993 Project Volume = 3219 6040 4911.6 Conclusion The developer paid $5.9 million in impact fees and provided right of way dedications valued at $1,178,733 for a 'total contribution of $7,078,733. This figure exceeds the fair share obligation calculated as $6,829,232, which again must be considered a conservatively high estimate. The Essentially Built Out Agreement also includes an additional $110,000 in contribution toward various transportation conditions. Based on these findings and the supporting compliance chart previously provided by our team, we request your support in advising the Department of Community Affairs that the developer has satisfied its DR! transportation obligations. TAL 451450856v4 ~OO8 I.~:':' - ,.~t:~. .'. I Y '~" .. Ija 1115111!!1111115111151Iil!Sil~I!1 ~;i;~ :.:. I! Ii II a a.1 I 1.1 I. a ..111 I a I a I a I I I I' a a I a ~fi;, i i .~T. "I 81!111 illSllillllllllll1 i!1111611 ~.f,t II! al!III~~~5!511~i5!11!1'lllil!I'~1 f . a II{ 11~lllil"I!IDI'li!III!~!!III&I'S I I) !!'!IJSI!IIIII!911~!I=I'5'!I~!!IS :,: I IJj simmmmmmmluuum ::;;;...'! I JjJ 11!1!!II!!O!IISSII!oaaDa!I~!!!~OI "., ls'" Ii!!!!!!!!! !!!!~ !!!!!!!!!! 5!!!!! 5~~ " J~ ~;SQ~G~GQ8iS'QGQQGQ~aaaSSQ;QQQQiQ J1 , . . ':l'" ; (. ~...;~ . , . 1{iY.:': . . , - - . VGGGiaaaAG.llaaaaaaoo..VQQiaaiioQ II ~I.~ ji. ~>> I .t~ .1 fJ >>} I~ ~ = >>~i-~I jdJ) l'I'wl'~~1 ,. 81 .."~I'II.f ~.J'. I.~ I.JII I Iii I I i Ii II . ~.~. I i~ lli~..i.z III.... IIII1 I I1II11I111 !1!!!IIIJlllffflllll.1 CoI .. fJ52J1l'll164 "--------~_.- t 88 t. 10""4 .... s:I u B -= ~ III t: < Page 1 of2 8 B ~1 Ann P. Jennejohn From: ZoneMelissa [MelissaZone@colliergov.net] Sent: Tuesday, March 24, 2009 10:48 AM To: Dwight Nadeau; Sawyer, Michael; Bellows, Ray; Ann P. Jennejohn Cc: John Williams; Jonathan Ziegan; Elizabeth Wolfe; johnA@powercorp.net Subject: RE: Extension Request for SDP-AR-8091 Hi Dwight, DCA received the EBOA but they would not guarantee me the status of the EBOA being returned to the County, As soon as I received the EBOA, I will contact you, It should come to me before it goes to the Clerk's office so the final recording will be completed once the Clerk's office receives the EBOA. I have copied Ann Jennejohn from the Collier County Clerk's office so that they are aware of the status of the EBOA. Melissa Zone Principal Planner Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239.252-2958 (phone) 239-252-6372 (fax) www.colliergov.net From: Dwight Nadeau [mailto:dhn@consult-rwa.com] Sent: TuesdaYt March 24t 2009 10:23 AM To: SawyerMichael Cc: John Williams; Jonathan Ziegan; Elizabeth Wolfe; johnA@powercorp.net; ZoneMelissa Subject: Extension Request for SDP-AR-8091 Good Morning Mike, Following-up on your phone conversation with John Williams this morning, this email is a formal request for an extension of SOP response time beyond the 6-months provided for by the LDC. Many of the Staff comments contained in last year's review letter related to DRI/PUD compliance matters that have been addressed through the Board of County Commissioner's adoption of an Essentially Built-Out Agreement (EBOA) pursuant to Section 380.032(3), Florida Statutes. That EBOA was processed by the County under Petition DRICLO-2008-AR-13181. and the Board of County Commissioners adopted that EBOA during their October 28,2008 public hearing, The EBOA is basically a 3-party agreement between the Developer, the County, and the Florida Department of Community Affairs (DCA), Both the Developer and the County have executed the EBOA and it has been transmitted to DCA for execution. We had anticipated receiving the executed EBOA prior to the March 25 deadline to resubmit the SOP, however we have not. Therefore, we request a minimum 30-day response extension to allow for the impending receipt of the executed EBOA from DCA and be able to comprehensively respond to Staff's comments. For your information I have attached a copy of the EBOA that reflects the BCC Chairman's signature after that October 28, 2008 public hearing. We request that you respond to this email acknowledging the minimum 30-day response extension for this SOP. Thanks, Dwight Nadeau, Planning Manager R\V A, Inc. 6610 Willow Park Drive Suite 200 3/24/2009 Page 2 of2 Naples, FL 34109 (239) 597-0575 phone Ext. 2238 (239) 597-0578 fax WWYl. G9 nsul1-lWC3.CQI11 8B .# ...., Both Dwight Nadeau and RWA. Inc. intend this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Dwight Nadeau immediately at the phone number listed above. 3/2412009 Page 1 of2 8B li1 Ann P. Jennejohn From: Dwight Nadeau [dhn@consult-rwa.com] Sent: Tuesday, March 24, 2009 11 :22 AM To: ZoneMelissa; Sawyer, Michael; Bellows, Ray; Ann P. Jennejohn Cc: John Williams; Jonathan Ziegan; Elizabeth Wolfe; johnA@powercorp,net Subject: RE: Extension Request for SDP-AR-8091 I appreciate that Melissa. We also have a representative in Tallahassee that is working with the Department to get the Secretary's signature on the EBOA, so when it is released to Secretary Pelham we will know, and can let you know that receipt of the final, executed DCA is immanent. Thanks, Dwight Nadeau, Planning Manager R\VA, Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 (239) 597-0575 phone Ext. 2238 (239) 597-0578 fax www.consult-rwa.com Both Dwight Nadeau and RWA. Inc. intend this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Dwight Nadeau immediately at the phone number listed above. From: ZoneMelissa [ma i1to: MelissaZone@colliergov . net] Sent: Tuesday, March 24, 2009 10:48 AM To: Dwight Nadeau; SawyerMichael; bellows_r; Ann P. Jennejohn Cc: John Williams; Jonathan Ziegan; Elizabeth Wolfe; johnA@powercorp.net Subject: RE: Extension Request for SDP-AR-8091 Hi Dwight, DCA received the EBOA but they would not guarantee me the status of the EBOA being returned to the County. As soon as I received the EBOA, I will contact you. It should come to me before it goes to the Clerk's office so the final recording will be completed once the Clerk's office receives the EBOA. I have copied Ann Jennejohn from the Collier County Clerk's office so that they are aware of the status of the EBOA. Melissa Zone Principal Planner 3/24/2009 Page 2 of2 8 B . "'f Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239.252-2958 (phone) 239.252-6372 (fax) www.colliergov.net From: Dwight Nadeau [mailto:dhn@consult-rwa.com] Sent: Tuesday, March 24, 2009 10:23 AM To: SawyerMichael Cc: John Williams; Jonathan Ziegan; Elizabeth Wolfe; johnA@powercorp.net; ZoneMelissa Subject: Extension Request for SDP-AR-8091 Good Morning Mike, Following-up on your phone conversation with John Williams this morning, this email is a formal request for an extension of SDP response time beyond the 6-months provided for by the LDC. Many of the Staff comments contained in last year's review letter related to DRI/PUD compliance matters that have been addressed through the Board of County Commissioner's adoption of an Essentially Built-Out Agreement (EBOA) pursuant to Section 380.032(3), Florida Statutes. That EBOA was processed by the County under Petition DRICLO-2008-AR-13181, and the Board of County Commissioners adopted that EBOA during their October 28,2008 public hearing. The EBOA is basically a 3-party agreement between the Developer, the County, and the Florida Department of Community Affairs (DCA). Both the Developer and the County have executed the EBOA and it has been transmitted to DCA for execution. We had anticipated receiving the executed EBOA prior to the March 25 deadline to resubmit the SDP, however we have not. Therefore, we request a minimum 30-day response extension to allow for the impending receipt of the executed EBOA from DCA and be able to comprehensively respond to Staff's comments. For your information I have attached a copy of the EBOA that reflects the BCC Chairman's signature after that October 28, 2008 public hearing. We request that you respond to this email acknowledging the minimum 30-day response extension for this SOP. Thanks, Dwight Nadeau, Planning Manager R\V A, Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 (239) 597-0575 phone Ext. 2238 (239) 597-0578 fax WWW.consult-rwa.CQUl Both Dwight Nadeau and RWA. Inc. intend this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Dwight Nadeau immediately at the phone number listed above. 3/24/2009 Page 1 of3 8B 'fo' Ann P. Jennejohn Sent: To: From: SawyerMichael [MichaeISawyer@colliergov,net] Tuesday, March 24, 2009 11 :48 AM Dwight Nadeau; ZoneMelissa; Bellows, Ray; Ann P. Jennejohn; Smith, Glenda; Carrel Danelle; Monroig, Ivette; DerenceLea Cc: John Williams; Jonathan Ziegan; Elizabeth Wolfe; johnA@powercorp.net Subject: RE: Extension Request for SDP-AR-8091 Dwight, Thanks for the email. As outlined below I agree to extend your review resubmittal date 30 days past the 270 day requirement so that the EBOA can be included to address staff comments. Please let me know if you have any questions, Thanks, From: Dwight Nadeau [mailto:dhn@consult-rwa.com] Sent: Tuesday, March 24, 2009 11:22 AM To: ZoneMelissa; SawyerMichael; bellows_r; Ann P. Jennejohn Cc: John Williams; Jonathan Ziegan; Elizabeth Wolfe; johnA@powercorp.net Subject: RE: Extension Request for SDP-AR-8091 I appreciate that Melissa. We also have a representative in Tallahassee that is working with the Department to get the Secretary's signature on the EBOA, so when it is released to Secretary Pelham we will know, and can let you know that receipt of the final, executed DCA is immanent. Thanks, Dwight Nadeau, Planning Manager RW A. Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 (239) 597-0575 phone Ext. 2238 (239) 597-0578 fax WWW.con~lJlt-rwa.c;om Both Dwight Nadeau and RWA. Inc. intend this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message 3/24/2009 Page 2 of3 and notify Dwight Nadeau immediately at the phone number listed above. 89 ..~ From: ZoneMelissa [ma i1to: MelissaZone@colliergov.net] Sent: Tuesday, March 24, 2009 10:48 AM To: Dwight Nadeau; SawyerMichael; bellows_r; Ann P. Jennejohn Cc: John Williams; Jonathan Ziegan; Elizabeth Wolfe; johnA@powercorp.net Subject: RE: Extension Request for SDP-AR-8091 Hi Dwight, DCA received the EBOA but they would not guarantee me the status of the EBOA being returned to the County. As soon as I received the EBOA, I will contact you. It should come to me before it goes to the Clerk's office so the final recording will be completed once the Clerk's office receives the EBOA. I have copied Ann Jennejohn from the Collier County Clerk's office so that they are aware of the status of the EBOA. Melissa Zone Principal Planner Department of Zoning & Land Development Review 2800 N. Horseshoe Dr, Naples, FL 34104 239-252-2958 (phone) 239.252-6372 (fax) www.colliergov.net From: Dwight Nadeau [mailto:dhn@consult-rwa.com] Sent: Tuesday, March 24, 2009 10:23 AM To: SawyerMichael Cc: John Williams; Jonathan Ziegan; Elizabeth Wolfe; johnA@powercorp.net; ZoneMelissa Subject: Extension Request for SDP-AR-8091 Good Morning Mike, Following-up on your phone conversation with John Williams this morning, this email is a formal request for an extension of SDP response time beyond the 6-months provided for by the LDC. Many of the Staff comments contained in last year's review letter related to DRI/PUD compliance matters that have been addressed through the Board of County Commissioner's adoption of an Essentially Built-Out Agreement (EBOA) pursuant to Section 380.032(3), Florida Statutes. That EBOA was processed by the County under Petition DRICLO-2008-AR-13181, and the Board of County Commissioners adopted that EBOA during their October 28,2008 public hearing. The EBOA is basically a 3-party agreement between the Developer, the County, and the Florida Department of Community Affairs (DCA). Both the Developer and the County have executed the EBOA and it has been transmitted to DCA for execution, We had anticipated receiving the executed EBOA prior to the March 25 deadline to resubmit the SDP, however we have not. Therefore, we request a minimum 30-day response extension to allow for the impending receipt of the executed EBOA from DCA and be able to comprehensively respond to Staffs comments. For your information I have attached a copy of the EBOA that reflects the BCC Chairman's signature after that October 28, 2008 public hearing. We request that you respond to this email acknowledging the minimum 30-day response extension for this SDP, Thanks, Dwight Nadeau, Planning Manager R\V A. Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 (239) 597-0575 phone Ext. 2238 3/24/2009 (239) 597-0578 fax ww_W-,Qons\Jlt-rwC3. com Both Dwight Nadeau and RWA. Inc. intend this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Dwight Nadeau immediately at the phone number listed above. 3/24/2009 Page 3 of3 88 .~ Page 10f2 B B "iff Ann P. Jennejohn _,~_'^~.^~_.~~_,~~~,_,__~.,~~~"~._~_~'~'_'_'~"_^'__~.~~,_.'~ "_"^'_'~^_"~'.'~.'._.__"~'^'c .~^v"_~_~",^'_A_~~~~'~"__'_"~~"~~~~__V'_~'__~'^~~___,^_.__~w From: ZoneMelissa [MelissaZone@colliergov.net] Sent: Wednesday, May 13, 20092:57 PM To: Dwight Nadeau; Auclair, Claudia; Ashton, Heidi; Smith, Glenda Cc: Ann P. Jennejohn; Anna Rosa Subject: RE: Berkshire Lakes DRI Hello Dwight, I have not received it but the return address had my name and address on it. So I was under the assumption that it was going to be sent to me. Once we had the EBOA, John was to bring me a check for the close-out petition and then I was going to bring it to the Clerk's office for final recording. Melissa Zone Principal Planner Liaison to Collier County Historical/Archaeological Preservation Board Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-2958 (phone) 239.252-6372 (fax) www.colliergov.net From: Dwight Nadeau [mailto:dhn@consult-rwa.com] Sent: Wednesday, May 13, 20092:56 PM To: ZoneMelissa; AuclairClaudine; ashton_h Cc: Ann P. Jennejohn; Anna Rosa Subject: FW: Berkshire Lakes DRI Good Afternoon, We have a Berkshire Lakes EBOA! The DCA mailed it to the County, and my guess is that it could be routed to Heidi. I presume that it needs to be recorded in the County Records. Can someone confirm this and let me know who is responsible for doing it? Thanks, Dwight Nadeau, Planning Manager RWA, Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 (239) 597-0575 phone Ext. 2238 (239) 597-0578 fax wWVj.con!;ult-rwa.G9m Both Dwight Nadeau and RWA. Inc. intend this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. 5/1312009 Page 2 of2 If you have received this communication in error, please permanently dispose of the original messagEl B and notify Dwight Nadeau immediately at the phone number listed above. "1 From: MetcalfK@gtlaw.com [mailto: MetcalfK@gtlaw.com] Sent: Wednesday, May 13, 2009 12:36 PM To: johnA@powercorp.net Cc: CLW@salvatoriandwood.com; Dwight Nadeau Subject: FW: Berkshire Lakes DRI John, here is the executed EBOA. DCA mailed original to Collier County. Ken Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to postmaster@gtlaw.cQm. From: Simmons, Tammy H. (Secy-Tal-Env) Sent: Wednesday, May 13, 2009 11:04 AM To: Metcalf, Kenneth (Dir-Tal-Env) Subject: Berkshire Lakes DRI Tammy H. Simmons Legal Assistant Greenberg Traurig, P.A. I 101 East College Avenue I Tallahassee, FL 32301 Tel 850.577.5041 I Fax 850.681.0207 $irTlmQnsI~gtlaW~C9JT1 I WWW,gtla,w.cQIl1 11 GreenbergTraurig USA LAW FIRM OF THE YEAR, CHAMBERS GLOBAL AWARDS 2007 ALBANY . AMSTERDAM' ATLANTA . AUSTIN . BOSTON . CHICAGO . DALLAS . DELAWARE . DENVER . FORT LAUDERDALE . HOUSTON . LAS VEGAS . LOS ANGELES . MIAMI . NEW JERSEY . NEW YORK . ORANGE COUNry . ORLANDO . PALM BEACH COUNTY . PHILADELPHIA . PHOENIX . SACRAMENTO . SHANGHAI . SILICON VALLEY . TALLAHASSEE . TAMPA' TOKYO . TYSONS CORNER . WASHINGTON, D.C. . WHITE PLAINS . ZURICH STRATEGIC ALLIANCES WITH INDEPENDENT LAW FIRMS BERLIN. BRUSSELS. LONDON, MILAN. ROME 5/1312009 Ann P. Jennejohn t.89 From: Sent: To: Subject: Ann P. Jennejohn Wednesday, May 13, 20094:00 PM Patricia L. Morgan FW: Berkshire Lakes DRI From: AuclairClaudine [ma ilto: ClaudineAuclai r@colliergov.net] Sent: Wednesday, May 13, 2009 3:53 PM To: ZoneMelissa; Dwight Nadeau; Ashton, Heidi; Smith, Glenda Cc: Ann P. Jennejohn; Anna Rosa; CasalanguidaNick Subject: RE: Berkshire Lakes DR! I agree. It all started in transportation. From: Zone Melissa Sent: Wednesday, May 13, 2009 3:52 PM To: AuclairClaudine; 'Dwight Nadeau'; ashton_h; Smith_g Cc: 'Ann P. Jennejohn'; 'Anna Rosa'; CasalanguidaNick Subject: RE: Berkshire Lakes DRI The two years nine months was not Zoning dept fault, we had this petition less than 6 months. Melissa Zone Principal Planner Liaison to Collier County Historical/Archaeological Preservation Board Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239-252.2958 (phone) 239.252-6372 (fax) www.collierqov.net From: AuclairClaudine Sent: Wednesday, May 13, 20093:51 PM To: ZoneMelissa; 'Dwight Nadeau'; ashton_h; Smith_g Cc: 'Ann P. Jennejohn'; 'Anna Rosa'; CasalanguidaNick Subject: RE: Berkshire Lakes DRI Importance: High Dwight: Isn't this wonderful news!!! Two years and 9 months later..... Can you make sure that two separate checks are made: One distributed to the Transportation Planning Department in the amount of $100,000.00 One distributed to Melissa Zone in the amount of $10,000.00 We do not want to have any issues with funding disbursement. Thank you. From: ZoneMelissa Sent: Wednesday, May 13, 2009 2:57 PM To: 'Dwight Nadeau'; AuclairClaudine; ashton_h; Smith_g 1 Cc: Ann P. Jennejohn; Anna Rosa Subject: RE: Berkshire Lakes DR! 88 Hello Dwight, I have not received it but the return address had my name and address on it. So I was under the assumption that it was going to be sent to me. Once we had the EBOA, John was to bring me a check for the close-out petition and then I was going to bring it to the Clerk's office for final recording. Melissa Zone Principal Planner Liaison to Collier County Historical/Archaeological Preservation Board Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-2958 (phone) 239-252-6372 (fax) www.colliergov.net From: Dwight Nadeau [mailto:dhn@consult-rwa.com] Sent: Wednesday, May 13, 2009 2:56 PM To: ZoneMelissa; AuclairClaudine; ashton_h Cc: Ann P. Jennejohn; Anna Rosa Subject: FW: Berkshire Lakes DR! Good Afternoon, We have a Berkshire Lakes EBOA! The DCA mailed it to the County, and my guess is that it could be routed to Heidi. presume that it needs to be recorded in the County Records. Can someone confirm this and let me know who is responsible for doing it? Thanks, Dwight Nadeau, Planning Manager R\VA, Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 (239) 597-0575 phone Ext. 2238 (239) 597-0578 fax www.consult-rwa.com Both Dwight Nadeau and RWA. Inc. intend this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited, If you have received this communication in error, please permanently dispose of the original message and notify Dwight Nadeau immediately at the phone number listed above. From: MetcalfK@gtlaw.com [mailto:MetcalfK@gtlaw.com] Sent: Wednesday, May 13, 2009 12:36 PM To: johnA@powercorp.net Cc: CLW@salvatoriandwood.com; Dwight Nadeau Subject: FW: Berkshire Lakes DR! John, here is the executed EBOA. DCA mailed original to Collier County. Ken 2 88 Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.s. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email topostmaster@gtlaw.com. From: Simmons, Tammy H. (Secy-Tal-Env) Sent: Wednesday, May 13, 2009 11:04 AM To: Metcalf, Kenneth (Dir-Tal-Env) Subject: Berkshire Lakes DR! Tammy H. Simmons Legal Assistant Greenberg Traurig, P.A. I 101 East College Avenue I Tallahassee, FL 32301 Tel 850.577.5041 I Fax 850.681.0207 SimmonsT@gtlaw.com I www.gtlaw.com II GreenbergTraurig USA LAW FIRM OF THE YEAR, CHAMBERS GLOBAL AWARDS 2007 ALBANY. AMSTERDAM, ATLANTA' AUSTIN . BOSTON . CHICAGO . DALLAS . DELAWARE, DENVER . FORT LAUDERDALE . HOUSTON . LAS VEGAS. LOS ANGELES . MIAMI . NEW JERSEY . NEW YORK . ORANGE COUNTY . ORLANDO . PALM BEACH COUNTY . PHILADELPHIA . PHOENIX . SACRAMENTO . SHANGHAI SILICON VALLEY . TALLAHASSEE . TAMPA, TOKYO . TYSONS CORNER . WASHINGTON, D.C. . WHITE PLAINS . ZURICH STRATEGIC ALLIANCES WITH INDEPENDENT LAW FIRMS BERLIN. BRUSSELS. LONDON. MILAN. ROME Tracking: 3 8 B t.'(, MEMORANDUM Date: June 2, 2009 To: Melissa Zone, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Essentially Built-out Recorded Agreement for the Berkshire Lakes Development of Regional Impact (DRI) Attached for your records is a copy of the recorded agreement referenced above and adopted as an attachment to Resolution 2008- 317 A (Item #8B) by the Board of County Commissioners on Tuesday, October 28, 2008. The original document will be held in the Minutes and Records Department with the records of the Board of County Commissioners. If you have any questions, please contact me at 252-8406. Thank you. Attachment (1) Retn: CLBRK TO THB BOARD INTEROFFICB 4TH FLOOR BXT 7240 4299256 OR: 4455 PG: 1771 RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL OS/26/2009 at 09;04AK D~IGHT Bo BROCK, CLBRK RHeaB B lBO,.P~ ESSENTIALLY BUILT-OUT AGREEMENT FOR THE BERKSmRELAKES DEVELOPMENT OF REGIONAL IMP ACT (DRI) This Agreement ("Agreement") is made and entered into by and among POWER CORPORA nON, a Florida corporation ("Power Corporation"), COLLIER COUNTY, a political subdivision of the State of Florida ("County"), and THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA"). WITNESSETH WHEREAS, Collier County is a political subdivision of the State of Florida and possesses appropriate legal authority pursuant to Chapter 380, Florida Statutes, to approve Developments of Regional Impact ("DRIs") within its jurisdiction; and WHEREAS, the County approved tlllt certain DRI project known as Berkshire Lakes DR! and issued an appropriate development order to John J. Agnelli, as authorized representative on behalf of Barnett Bank Trust Company, N.A., Trustee under Trust No. 36-8750, pursuant to Resolution No. 83-1 adopted August 16, 1983 (the "Development Order"); and WHEREAS, in addition to the Development Order, the County also approved a related planned unit development ordinance, Ordinance No. 83-46, on August 16, 1983 (the "Berkshire Lakes PUD"), to provide appropriate zoning for development of the Berkshire Lakes DRI project; and WHEREAS, the property ("Property") comprising the Berkshire Lakes DRI project consists of 1,093 acres, more or less, and is more particularly described on Exhibit .~" attached hereto and incorporated herein by virtue of this reference; and WHEREAS, Power Corporation is the successor developer of the Berkshire Lakes DR! project, having taken over from the original developer-applicant, Barnett Bank Trust Company, N.A., as Trustee under Trust No. 36-8750; and WHEREAS, DCA is the state land planning agency responsible for the administration and enforcement of Chapter 380, Florida Statutes, including those provisions relating to DRIs such as the Berkshire Lakes DRI projec1; and WHEREAS, pursuant to Section 380.032(3), Florida Statues, DCA is authorized to enter into such agreements as may be necessary to effectuate the provisions and purposes of Chapter 380, Florida Statutes; and WHEREAS, the applicable Development Order for Berkshire Lakes DR!, as amended, allows for the development of 4,200 residential units and 42.5 acres of commercial property or an estimated 375,000 square feet; and WHEREAS, the original development-of.regional-impact review for Berkshire Lakes DR! assumed that all commercial development within the project would be comprised of retail shopping and general office space; and WHEREAS, based upon the foregoing assumptions, Berkshire Lakes DR! was projected to generate 52,744 Total Average Weekday Trips upon completion of all proposed development; and ProLaw: 63596.7 OR: 4455 PG: 1772 88 WHEREAS, actual existing commercial development within the project thus far consists ofa total of371,212 square feet of space, 204,729 square feet of which is retail shopping space, 37,320 square feet of which is general office space, and 129,163 square feet of which is self- storage mini warehouse space; and WHEREAS, 129,163 square feet of self-storage mini warehouse space represents over one-third (l/3rd) of the total proposed commercial development within Berkshire Lakes DR!; and WHEREAS, self-storage mini warehouse space has approximately ninety- five percent (95%) less traffic impacts than does retail shopping or general office space, based upon current averages published by the Institute of Transportation Engineers ("ITE"); and WHEREAS, according to current lTE averages for all land uses within the project, Berkshire Lakes DR! is projected to generate just 41,444 Total Average Weekday Trips upon completion of all proposed development as described herein below; and WHEREAS, 41,444 Total Average Weekday Trips represents a significant reduction of over 11,000 Total Average Weekday Trips, or approximately twenty-one percent (21%) less traffic impacts, as compared to that which was originally approved for Berkshire Lakes DR!; and WHEREAS, in light of this reduction, the parties agree that the proposed development described herein below does not create the likelihood of any additional regional impacts not previously reviewed; and WHEREAS, only a small amount of vacant land and surplus parking lying within the commercial areas of the Berkshire Lakes DR! project remain suitable for the additional development contemplated herein; and WHEREAS, all of said vacant land and surplus parking (the "Developable Land") is located within the Berkshire Commons Shopping Center ("Berkshire Commons') situated at the northwest corner of Radio Road and Santa Barbara Boulevard in Naples, Collier County, Florida, and more particularly described as: Parcels 2 and 3, Berkshire Commons Parcel "1, 2 & 3", according to the plat recorded in Plat Book 38, Pages 30 and 31, of the Public Records of Collier County, Florida; AND Those portions of Tract F, Berkshire Lakes, Unit One, according to the plat recorded in Plat Book 14, Pages 118-120, of the Public Records of Collier County, Florida, being more particularly described as Revised Lot A and Revised Lot B in Exhibits 1 and 2 of that certain instrument recorded at O.R. Book 4328, Page 4044, of the Public Records of Collier County, Florida; and WHEREAS, said Developable Land is intended to be used and developed subject to the following-described parameters (the "Development Parameters"): (i) No more than 14,000 square feet of newly constructed Office Development (as defined in Chapter 28-24.020, F.A.C.) may be located upon the Developable Land, excluding Outparcels E and B-1 as shown on Exhibits "B" and "c" attached hereto; PreLaw: 63596.7 2 OR: 4455 PG: 1773 88 (ii) No more than 56,000 square feet of newly constructed Retail and Service Development (as defined in Chapter 28-24.031, F.A.C) may be located upon the Developable Land, excluding Outparcels E and E I as shown on Exhibits "B" and "C" attached hereto; (iii) No more than 3,100 square feet of additional principal use Retail and Service Development (as defined in Chapter 28-24.031, F.A.C) may be located within Outparcels E and E-I of the Developable Land shown on Exhibits "B" and "C" attached hereto, provided said development is made in connection with the expansion and redevelopment of an existing Mobil Gas Station Retail Convenience Store now located upon Outparcels E and &1, and further provided that the newly redeveloped Mobil Gas Station Retail Convenience Store may contain a principle use structure of up to 4,200 square feet in the aggregate so long as the existing Mobil Gas Station Retail Convenience Store facility of approximately 1,000 square feet now located within the Developable Land is also demolished in connection with the contemplated expansion and redevelopment project. An accessory use car wash facility may also be constructed upon Outparcels E and E I of the Developable Land, provided the existing accessory use car wash facility now located upon Outparcels E and E 1 of the Developable Land is also demolished in connection with the contemplated expansion and redevelopment project. arxl WHEREAS, all existing commercial development within Berkshire Commons as of the date of this Agreement is depicted in the site plan marked as Exhibit 'B" attached hereto and incorporated herein by virtue of this reference; and WHEREAS, all known projects presently proposed for development within Berkshire Commons, including the above-described expansion and redevelopment project, shall be located within the Developable Land as delineated in Exhibit "e" attached hereto and incorporated herein by virtue of this reference; and WHEREAS, said proposed projects, or some vanallon thereof consistent with the Devehpment Parameters set forth above, may be built until expiration of the Development Order; and WHEREAS, the Development Order lacks any stated termination, build-out or expiration date for purposes of development of the remaining vacant commercial real property within Berkshire Lakes DR! in general, and Berkshire Commons in particular, and WHEREAS, the parties desire to add a measure of certainty to the Development Order and to provide for a reasonable termination, build-out or expiration date for purposes of current and future development of the commercial areas within Berkshire Lakes DR! in general, and the Developable Land of Berkshire Commons in particular; and WHEREAS, Berkshire Commons, Inc., a Florida corporation ("Berkshire"), owns most of the Developable Land described herein above, excluding those portions of the Developable Land commonly known as Outparcels E and E-I as shown on Exhibits "B" and "e" attached hereto, which portions are owned by ExxonMobil Oil Corporation, a New York corporation ("ExxonMobil"); and Prolaw: 63596.7 3 OR: 4455 PG: 1774 88 WHEREAS, Berkshire currently has an application for site development plan approval in process with the County for the development of that portion of the Developable land within Berkshire Commons commonly known and referred to as "Parcel 3" on Exhibits "B" and ''C'' attached hereto, pursuant to application SDP-AR-8091, which application is hereby incOlporated herein by virtue of this reference (the "Berkshire Project"); and WHEREAS, ExxonMobil currently owns and operates a retail gas station and convenience store shopping facility of approximately 1,000 square feet upon those portions of the Developable Land commonly known and referred to as Outparcels E and E 1 on Exhibits "B" and ''C'' attached hereto, and further has an application for site development plan approval in process with the County for the development and redevelopment of Outparcel> E and E-I as described herein above, which development, redevelopment and expansion project shall encompass both Outparcels E and E I of Berkshire Common;, including a portion of the Developable Land, all pursuant to applicatiom SDPI-AR-10425 and SDP-AR-9883, which are hereby incorporated herein by virtue of this reference (the "ExxonMobil Project") ; and WHEREAS, Berkshire and ExxonMobil have an interest in building out their respective commercial real properties and projects as described herein above; and WHEREAS, the infrastructure necessary to support the current Berkshire and ExxonMobil Projects, and all future commercial projects within the Developable Land of Berkshire Commons is already in place, or can readily be constructed within the boundaries of the Developable Land of Berkshire Commons, as and when needed, including without limitation, sidewalk, bike lane, parking, access, utility and storm water management facility improvements; and WHEREAS, the County has nevertheless requested that Power Corporation provide funding in the amount of One Hundred Ten Thousand and no/100 Dollars ($110,000.00) for certain sidewalk, bike lane and roadway infrastruc ture and other improvements referenced in the Development Order for Berkshire Lakes DR! and the associated Berkshire Lakes pun, notwithstanding the fact that the County has passed numerous road impact fee ordinances subsequent to approval of the Berkshire Lakes DR! and PUD project, pursuant to which the County has charged and collected road impact fees of over $6 million against the subject Property, without reduction, credit or set-off of any kind for transportation and other improvements donated, funded and/or constructed in and around the Property, and WHEREAS, the parties have documented the foregoing facts and circumstances and the developer's contnbution and satisfaction of all applicable commitments and mitigation requirements pursuant to the Development Order for Berkshire Lakes DR! and the associated Berkshire Lakes PUD, as evidenced in tmt certain memorandum produced by the law firm of Greenberg Traurig, dated March 3, 2008, addressed to Mr. Lawrence Massey, Growth Management Coordinator for the Florida Department of Transportation, a copy which memorandum (the 'Greenberg Memorandum"), as approved by Mr. Masseyon March 6, 2008, is attached as Exhibit "0" hereto; and WHEREAS, the parties now desire to enter into this Agreement to address and settle the above-described issues and any related issues, all as set forth herein below. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, it is hereby agreed as follows: Prelaw: 63596.7 4 OR: 4455 PG: 1775 8B I. correct. Recitals. The parties hereby agree that the above-descnbed recitals are true and 2. Essentially Built-Out. The parties hereby agree that the Berkshire Lakes DR! project is "essentially built-out" in accordance with Section 380.06(l5)(g)4.a and .b(II)., Florida Statutes, because (a) the uses, internal roads and storm water management system are all consistent with the terms and conditions of the Development Order; (b) all infrastructure and physical improvements required by the Development Order have been made or provided for as demonstrated by the Greenb erg Memorandum; and (c) the amount of development remaining in the build-out does not create the likelihood of any additional regional impacts not previously reviewed. 3. Affect on Other Local Approvals and Zoning. The parties hereby agree that this AgreemeIt shall not affect other local approvals or zoning for Berkshire Lakes DR!, as amended, except as may be specifically provided for elsewhere herein or necessmy to carry out the intent of this Agreement. 4. Final Development. DCA and the County hereby agree that the commercial areas of Berkshire Lakes DR!, and in particular the Developable Land within Berkshire Commons, may be developed without further development-of-regional-impact review, subject to and in accordance with the terms and conditions of (a) the Development Order, as amended; (b) the County's comprehensive plan and applicable land development regulations; and (c) the Development Parameters and other terms and conditions set forth in this Agreement which allow no more than an aggregate total of 73,100 square feet of additional principal land uses to be developed upon the Developable Land legally described herein and graphically depicted on Exhibit "C" attached hereto. The parties hereby further agree that development and redevelopment of the commercial areas of Berkshire Lakes DR!, as contemplated by this agreement, shall be permitted under the Development Order, as amended, until the date which is seven (7) years after the date the last party has properly executed this Agreement. For purposes of this paragraph, the submission of an application for site development plan approval (or its equivalent) prior to expiration of the 7-year period contemplated herein above shall preserve the applicant's right to develop the subject premises, regardless of the date of site development plan approval or construction of the improvements described therein. Notwithstanding anything elsewhere herein to the contrary, development of vacant residential real property within Berkshire Lakes DR! shall be permitted as an:l when requested by the respective owner(s) of said parce'(s), subject to compliance with the County's comprehensive plan and applicable land development regulations in affect at the time, without regard to the date of request or any expiration date otherwise imposed by this Agreement. 5. Accuracy of Information Power Corporation represents and warrants that the information it has presented in connection with the negotiation of this Agreement and the recitals set forth hereinabove are, to the best of its kno wledge, true and accurate. Based upon such information and representations, the DCA concludes that this Agreement reasonably applies and effectuates the provisions and purposes of Chapter 380, Florida Statutes. 6. Remedies. In the event of a breach of this Agreement or failure to comply with any term or condition of this Agreement, or if this Agreement is based upon materially inaccurate information knowingly presented by Power Corporation as contemplated in the preceding paragraph, the DCA may terminate this Agreement or file suit to enforce this Agreement as provided in Section 380.11, Florida Statutes. Injunctive relief shall be granted to ProLaw: 63596.7 5 OR: 4455 PG: 1776 8B , .' the DCA or the County in the event of a breach of this Agreement or a failure to comply with any terms or conditions imposed by this Agreement. 7. Limited Effect This Agreement affects the rights and obligations of "parties" under Chapter 380, Florida Statutes. It is not intended to determine or influence the authority or decision of any other state or regional agency or the County in connection with the issuance of any other permits or approvals required for further development as authorized by this Agreement. This shall include, without limitation, applications for Site Development Plan Approval Nos. SDP-AR-8091, as ammded, and SDPI-AR-J0425/SDP-AR-9883. as amended, for the Berkshire and ExxonMobil Projects, respectively. Approval of the Berkshire and ExxonMobil Projects shall be subject to review and comment in accordance with the established procedures of Collier County. 8. Bindin~ Effect The terms and conditions of this Agreement shall run with the Property subject to the Berkshire Lakes DR! and shall inure to the benefit o~ and be binding upon, the heirs, personal representatives, successors and assigns of the parties hereto. Power Corporation shall record a notice of this Agreement which complies with Section 380.06(15)(f), Florida Statutes, in the official records of Collier County, Florida, and shall provide DCA with a copy of the recorded notice within thirty (30) days of execution of this Agreement. 9. Retained Ri~hts. All parties retain rights to take any action or prosecute any proceedings provided for by law, notwithstanding this Agreement. Nothing contained herein shall act as a waiver by Power Corporation of its rights to limitation on liability as provided for in Section 375.251, Florida Statutes. 10. Severability. The invalidation of any provision or provisions of this Agreement by lawful court order shall not modify any of the other provisions of this Agreement, which other provisions shall remain in full force and effect. 11. Effective Date. The Effective Date and the date of execution of this Agreement shall be the date the last party signs and acknowledges this Agreement. 12. Consideration As partial consideration for the approvals and agreements contained herein, Power Corporation shall, within ninety (90) days of the Effective Date of this Agreement, pay to the County the sum of One Hundred Ten Thousand and no/l00 Dollars ($110,000.00). 13. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same Agreement. Prelaw: 63596.7 6 OR: 4455 PG: 1777 88 IN WITNESS WHEREOF, the parties by and through the undersigned duly authorized representatives have executed this Agreement on the dates set forth below. Signed, sealed and delivered in our presence as witnesses: (Corporate Seal) POWER CORPORATION, a Florida corporation By: c::) mt1M. ((, V{li)(jfn!3.~.~ Signature of Witness #1 B~ ;( Title: STATE OF FLORIDA COUNTY OF COLLIER The fqreg.2!!!g i strument was acknowled~ before me this/St1" day of hr/!-E;nAEL , 2008, by tJ/1f I I e: as fi!,..,f:.!3, nE/V r and on behalf of Power Corporation, a Florida corporation, who is personally known to me or 0 who IRs produced (type of identification) as identification. 7 ~. ~1i NOTA TYPED, PRINTFD OR STAMPED N~~ThoR)'; MY COMMISSION EXPIRES: P <(-, ~athye VanKerschaevet * * CommiSSion # 00467?9'<, ~~ (I Expires September 19, 2'009 OF f\. Sonde() iroy Fam Insurancl1 1"11": 800.3a5-701~' ProLaw: 63596.7 7 OR: 4455 PG: 1778 88 )1Jh YZj: r2J Signature of Witness #1 fI'\ .' k e. IIV1 ~ ~etl\.l' e ( PrintedlTyped Name ofWib1ess #1 ~ FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: CQ,~~~c~ .... C '" J,\ 1- \ ~ ~ G)-. v t '" \.(' r Print Name: Title: ::) ,it C C'( " {~ ( \J .N" IV\. \-,v I (,-( r LA'...; ,,J \J b Eef<..N frlJ.. 'l> (J tAW Y-ttL Printed/Typed Name ofWib1ess #2 STATE OF FLORIDA COUNTY OF .L-eO--t- ./l tfr/ 1,. cP\. The foregoing instrument was ,acknowl~ged. befo:e me this T day of /11 r::t ' ~.by ()~I(l,\\(S G4-L<-':-f~\er2.. asUlrE'='c+Or and on behalf of the Florida Department of Community Affairs, Q who is personally known to me or D who has produced (type of identil'\l:otiO~tific:tiOn. ~~Cd~ NOTARYPUBL~ ~~ TYPED, PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: MIRIAM SNIPES . MY COMMISSION # DO 549176 EXPIRES: September 7, 2010 Bonded Thru Notary Public Underwriters Prolaw: 63596.7 8 ~ ~ M,~flk-r~ PrintcdlTyped Name of Wi bless #2 STATE OF FLORIDA COUNTY OF COLLIER OR: 4455 PG: 1779 88 ,;".tl BOARD OF COUNTY COMMISSIONERS OF COLLIER C UNTY, FLORIDA BY~ Print Name~""" ~ \N' Title: Cl,,~~ ""v.,..,CJ\,N ~I n:sr~ ..., . DWIGtfT'E.'BRecK, CLERK ~:~ ~~.~. - t~ifYa '~~,""" s st ...It.... OR I . before me this.;;?~~y of )..!b{)Pfrldetv , as I /1 and on behalf of the Collier County, Florida, who is personally known to me (type of identification) as identification. ~~~ Prolaw: 63596.7 lYPED. PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION CV1)J1)C". ~::.~ CAROLYN SUE RLSON ?rJ:.;.'\~ MY C. OMMISSION # DO 748730 ~~':eY EXPIRES: April 28, 2012 '""f.iit:,~'t'. 8'''1(;''0 Thru Nollry Publlo Undtrwriters Item# ~ ~~:da LD -2&~ 9 OR: 4455 PG: 1780 8B JOINDER & CONSENT The undersigned do hereby join i1 and consent to the above-described Agreement for the sole and exclusive purpose of establishing a time frame for final development within the commercial areas of Berkshire Lakes DRI, all as set forth above. Signed, sealed and delivered in our presence as witnesses: STATE OF FLORIDA (Corporate Seal) BERKSIDRE COMMONS, INC., a Florida corporation By: Title: w/V{.'T ( ~RE..S COUNTY OF COLLIER The fsfregoing instrument was acknowled efore me thi~f'n- day of )F/!r,,"A~~ 2008, by ~/-/t.;:<e; as and on behalf of Berkshire Commons, Inc., a Florida corporation, who is personally known to me or 0 who has produced (type of identification) as identification. N~Z-/L I"\<.~ P(j ~ h lYPEO, PRINTED OR STAMPED :r ye VanKerschaev€r MYCOMMISSIONEXPlRES:; * ommlSSlon # DD467293 ~-i- / Expires September 19, 2009 OF f-\; Bonded Troy Fain InsuranCf:.> In<: 800-385-7019 Prelaw: 63596.7 10 OR: 4455 PG: 1781 JOINDER & CONSENT 88 '1 The undersigned do hereby execute this Joinder and Consent to the above- described Agreement for the sole and exclusive purpose of establishing a time frame for final development within the commercial areas of Berkshire Lakes DR!, all as set forth above, but subject to the following: It is specifically understood and agreed that execution of this Joinder and Consent does not in any way obligate ExxonMobil to undertake the proposed expansion and redevelopment of the existing Mobil Gas Station Retail Convenience Store as set forth in the Agreement. Rather, the sole purpose of this Joinder and Consent is to provide a final date within which the proposed expansion must be completed if undertaken by ExxonMobil or its successor( s) in interest. Minor renovations of this site in the interim, including but not limited to, replacement of underground piping associated with the underground storage tanks, exterior painting, changes or updates to signage, and similar repairs/renovations which do not increase the size of the existing Mobil Gas Station Retain Convenience Store, may proceed subject to applicable regulations, and will not trigger any additional obligations set forth in the Agreement. It is expressly understood and agreed that the developer, Power Corporation remains solely responsible and liable for all of its obligations under the original Development Order (as amended), the Berkshire Lakes PUD (as amended) and the above described Agreement (collectively "Development Agreements") and that ExxonMobil's execution of this Joinder and Consent does not subject ExxonMobil to any of Power Corporation's obligations under the Development Agreements. Specifically, ExxonMobil has no obligation to assist Power Corporation in meeting any of its obligations under the Development Agreements, nor does ExxonMobil have any obligation to pay or contribute any sums, including but not limited to those sums described in paragraph 12 of the Agreement, otherwise due from or requested of Power Corporation for infrastructure or other improvements. SIGNATURES TO FOLLOW ON NEXT PAGE FTLDOCS 5397376 I OR: 4455 PG: 1782 Signed, sealed and delivered in our presence as witnesses: (Corporate Seal) EXXONMOBIL OIL CORPORATION, aNew York corporation Signa~; i?~eu- RwJj,U-t~ By: :S/9C()I~<:/J' /! 'foCo'.o ~/l7 Printed/Typed Name of Witness #.+ (', ;.If.-..;, t: ''l;(J1 iL!fiX-t of Witness #2 A6(~~SI111'H LJ4 NCtA 6~f:(, Printed/Typed Name of Witness #2 Print Name: Title:Alfk~I-;{I({S~.;!>".f/J19/1Jt/J1~ r' ?) ~~ -'-- COUNTY OF .40L/J' ...~ The foregoing instrument was acknowledged before me this ~ y.,A day of -:J4/~ldA ,2009, byQaJ I~'k- as Agj'~';/ff:j,,:~~s-)Jl~na J.t~r and on behalf o~xxonMobil Oie Corporation, w'New York corporation,)it who is personally known to me or 0 who has produced (type of identification) as identification, '\rl>~t~u~iIfJaY~~: ~ ~,o ///,1 '" (') I? o...,Li rei", I TYPED, PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: 9' "3~' ~'P' r t># 3d c;.u $ STATE OF ACKNOWLEDGEMENT OF DEVELOPER Power Corporation, a Florida corporation, as successor Developer of Berkshire Lakes DR! project more fully described in the Agreement, acknowledges and concurs with those agreements and understandings set forth in the above and foregoing Joinder and Consent of ExxonMobil Oil Corporation. SIGNATURES TO FOLLOW ON NEXT PAGE FTLDOCS 5397376 I 88 F OR: 4455 PG: 1783 8a Signed, sealed and delivered in our presence as witnesses: (Corporate Seal) POWER CORPORATION, a Florida corporation (~~ Jt 11:01- Slgnature Witness #1 By: d 7-d6t:~ \?:>evq (/1 L (r:JQ Ie Printed/Type Name ofWttness #1 'fnt1()JU~ V~ Signature of Witness #2 Print Name: Q Title: /:e f; Sl.l iJ E"U /' jvJcJan;~ VOf)d-en8rL~ Printed/Typed Name of Witness #2 STATE OF ;::;~.Iv/l COUNTY OF A)~L-IE..L ~ The foregoing instl}llJlen~as acknowledged before. me this ~ day of !X~Rt//fI2,'/ ,2009, by 111&... /. ;/;vt:: 5 as 7?zty,z)/A/F and on behalf of Power Corporation, a Florida corporation, )(who is personally known to me or D who has produced (type of identificat~as iden~cation. ~r z:;~~~ NOTARY UBLIC. / 1/ &/t;ri/ b ,,<;~ ..5 ~1/4[ /f"L TYPED, PRINTED OR TAMPED NAME OF NOTARY MY COMMISSION EXPIRES: '..'Jr." 'I-,~(/ Cathye VanKerschaever (~ Commission # 00467293 , " i Expires September 19, 2009 (~'f f'. r... Bonded Troy F;lH'l'ln~ufance Inc 800-385"7019 FTLDOCS 5397376 I OR: 4455 PG: 1784 88 EXHIBIT "A" BERKSHIRE LAKES DRI LEGAL DESCRIPTION Section 32, Township 49 South, Range 26 East, Collier County, Florida; less South 50 feet for Right-of-Way for Radio Road (County Road 856); less that land as described in O.R. Book 818, Page 806 of Collier County, Florida. ALSO, the West 5/6 of the West 1/2 of Section 33, Township 49 South, Range 26 East, Collier County, Florida; less South 50 feet for Right-of- Way for Radio Road (County Road 856); less that land as described in O.R. Book 818, page 810 of Collier County, Florida. ALSO the East 1/2 of Section 5, Township 50 South, Range 26 East, Collier County, Florida; less South 75 feet for Right-of- Way of Davis Boulevard Extension (S.R. 84); less North 50 feet for Right-of- Way of Radio Road (County Road 856). Subject to easements, restrictions, and reservations of record; containing 2: 1093 acres more or less. Prolaw: 63596.4 ! OR: 4455 PG: 1785 88 ~ , :__u_______________~ L___~ --- ~ l o ~ i il il f f ~ 1 J j I :I~I !:! ."ii i l';~ j f i p if !r l g ~ f ~ 3 :x: !m Ii! - ~..... iibJ t 1 --.... , i i ! i I ../ -........ "-... '''. '" ''\, \ \ , \ \ . \ \ \ \ , \ :I~ ... " "Ill :~f !Jlp~ ~.....Pl on " . "'0 u' " 0"" , 0 ~~a e j I ~ " ~~i " ~ ---Ia.~---------------------------------------------.-------~ ------ r- O^lS V!>.....SCl.....S V1NVS ~ EXHIBIT "B" - .... y .... .., ,.... m.-n .!OILD _ .. -- JOHN AGNEW I POWER CORP. r-111 -- ~u.". EXISTING CONDITIONS EXHIBIT nUN ---........................- ~- ---- .....,./ll1llO BERKSHiRE COMMONS n'lT~JIC-. 1'!~lfLfl~\. 5:"~,.. 1IJfJ1"._ - I . I I .' ~ " i ;. I 8 8 I' ~ i' I f f J i { ~j!1 iH ~ !~;I J - f f [ ~ ~ i ~ I ~ !ijj ~ - iil"""'l 10 .: " i:: ~ OR: 4455 PG: 1786 88 ....... ......., '-, '" " ~ z " ~ " ~ ~ j; ~ " PI ~ ~ ---~~. -----------------------------~-- ---------- ------ -----s------ "~~ ~ I O^l8 V~V8~V8 V1NVS - D !~~j! ~ o~ i3 r $- ~ !i: -~ ~ I f;; ~~ ~ ~ EXHIBIT" C" _ .......- a-. MAr;_ -= -... JOHN AGNELLlI POWER CORP. ,..,J.DIUIO '"-11/1 .... .....-w:ar A..S.,SLlf. ~, ~IlH lEVF1.a'ABLEUNDEXHlBfT BERKSHIRE COMMONS D\lTA IPC==-. ~~SfL,T'<J.. ~.~ _......................... ...__ M::___ OR: 4455 PG: 1787 Exhibit liD" 88 Greenberg Traurig Memorandum TO: Lawrence Massey, FOOT CC: Claudine Auclair, Collier County Nick Casalanguida, Collier County FROM: Kenneth B. Metcalf, AICP, Director of Planning DATE: March 3, 2008 RE: Berkshire Lakes ORI - Comparison of Impact Fees and Proportionate Share to Support Essentially Built Out Agreement Introduction The Berkshire Lakes DR! ("'Project") is now nearly built out with only one undeveloped commercial site remaining. In order to reach closure on the DR!, CoUier County worked with the developer of Berkshire Lakes to draft an Essentially Built Out Agreement pursuant to ~380.06(15)(g), F.S. One of the requirements for such an agreement is that all conditions of the development order have been appropriately satisfied. In reviewing the draft agreement, DCA requested confirmation from FDOT that the transportation conditions set forth in the DR! development order have been satisfied. In response to this request, we have been working with County staff and FOOT staff in a cooperative manner to document how the transportation conditions were met. As we've discussed., the developer paid $5.9 million in impact fees and donated substantial right of way as the means of complying with the fair share payments required by the development order. Collier County has agreed that such payments shall be creditable toward the DRI obligations as legally required by the courts and Florida Statutes to avoid duplicative charges. During our meeting on January 31,2008 and a subsequent conference call on February 14, 2008, we discussed the methodology for this report in detail and reached agreement on a final set of assumptions that would be used to document that the impact fees and value of the right of way donations exceed and satisfy the transportation conditions set forth in the development order. The purpose of this report is to sununarize the methodology as agreed upon by the parties and to present the results, which demonstrate that the developer has satisfied the requirements of the development order through the payment of impact fees and donation of right of way. Agreement 00 Methodology/Assumptions The methodology presented in this report is consistent with the agreement reached at our previous meeting and follow up conference call on February 14.2008. We reach agreement on the following assumptions for this final report: TAL 451450856v4 312/2008 OR: 4455 PG: 1788 To: Lawrence Massey, FDOT Date: March 3, 2008 Page 2 8B 1) utilize the mid~range, per-mile construction cost estimates provided by roOT for 1990-91 as set forth in your February 5 eroail; 2) utilize a 1.65 multiplier to account for the additional costs of right of way, engineering, eEl and other costs as reported in your February 5, eroail; 3) credit right of way donations provided by the Developer for Radio Road and Santa Barbara Boulevard; 4) continue to utilize ADA trip assignments and methodology as previously presented for the purpose of determining the project's share. We have agreed to utilize these assumptions in the interest of resolving these issues expeditiously. We continue to believe that the 1.65 multiplier for right of way and soft costs is excessive and not appropriate for the early I 990s, recognizing that it was the statewide average for the period from 2000-2005. While the right of way estimate (19%) appears reasonable and fairly consistent with the percentages reported for Collier County (15%) for Radio Road, local data confirm that the soft costs locally were much lower than 46%. We also continue to assert that the plain language of the development order does not require a proportionate share based on right of way and soft costs, but is rather limited to construction costs only for S.R. 84. Similarly, we do not agree that the fair share for "upgrading" Radio Road and Santa Barbara Boulevard refers to a share of widening. In that case, the language would have referred to widening. Statutory construction principles would give a different meaning to upgrading versus the term widening because both terms are used in different conditions within the DR! development order. We reiterate these points to emphasize that the calculations presented in this report should be considered very conservative in terms of assuming the worst case "fair share costs" for comparison to the impact fees and right of way donations provided by the developer. Right of Way Donation Value The right of way costs donation values were determined by using the 1995 per square foot value documented for Radio Road right of way as reported in the County's impact fee study. Attachment A provides an excerpt from the study. This figure was then reduced by 25% to account for administrative overhead associated with the right of way transaction. This resulted in a value of $1.59 per square foot. This value was then discounted at an annual rate of 5% to estimate the values for the target years during which each right of way link was donated, which occurred for various links between 1986 and 1993. The resulting right of way values are set forth in Table 1 below for Radio Road and Santa Barbara Boulevard. Table 1. Right of Way Donation Values Roadway Donated Acreage Year Donated Value Per Square Total Value of Foot Donation Radio Road 1.043 1995 $1.59 $72,238.47 PB 21, pp. 68-69 .84 1993 $1.51 $55,549.50 PB 19, pp. 16-17 .60 1992 $1.44 $37,362.26 TAL 45145085tlv4 312/2008 OR: 4455 PG: 1789 To: Lawrence Massey, FDOT Date: March 3, 2008 Page 3 88 PB 15, PP. 42-43 .71 1988 $1.37 $42,403.55 PB 14, pp 78-80 1.46 1987 $1.30 $82,813.90 Santa Barbara 2.937 1988 $1.37 $175,280.54 Blvd., PB 14, pp 118-120 PB 14, pp 78-80 6.41 1987 $1.30 $363,309.7 PB 14, Po 50-52 6.47 1986 $1.24 $349,775.48 Total $1,178,733.40 Fair Share Methodology This calculation of the Project's fair share based on Project volumes has not changed from the previous submittal. Table 2 utilizes the Project volumes from the point in time at which each link of Radio Road and Santa Barbara reached 10,000 ADT, which the ADA utilized for detennining when improvements were necessary. Thus, the project volume divided by 10,000 ADT determines the fair share for Radio Road and Santa Barbara Boulevard. The ADA forecasted total link volumes and Project trips for 1990, 1995, 2000 and 2005. Table 2 shows the year that each link was forecast to reach the 10,000 ADT-threshold and provides the corresponding Project volume for that year for the purpose of calculating the fair share. Where the target year occurred between 1990 and 1995, the total link volumes and Project volumes were interpolated as shown in Table 3. Please note that Santa Barbara does not require interpolation because the segment reached the 10,000 ADT-tbreshold in 1990, and project volumes were forecasted for that year. This phasing approach is consistent with current proportionate share methodology, which calculates proportionate share based on the project trips for the phase that triggers the need for the improvement. FDOT accepted this approach at our last meeting. Table 2: Berkshire Lakes Estimated Fair Share Costs Total Cost with Prop CasU (65%) for RIW and Road Unk Year Miles Share CL Mile eEl SR84 n1a 1991 1.24 1 $1,408,000 $2,880,768 Airport Road to Radio Livingston Road Road 1991 1 0.246 $1,408,000 $571,507.2 Livingston Road to Santa Radio Barbara Road Boulevard 1993 2 0.4911 $1,408,000 $2.281,847 Santa Golden Gate Barbara Parkway to Boulevard Radio Road 1990 1.4 0.3367 $1,408,000 $1,095,110 $6,829,232 TAL 4S1450856v4 31212008 OR: 4455 PG: 1790 To: Lawrence Massey, FOOT Date: March 3, 2008 Page 4 88 Table 3. Interpolation Calculations Based on ADA Interpolation for Radio Road (between Livingston and Airport) 1990 Volume 9535 1995 Volume 11601 1995-1990 volume/5::; 413.2 per year Link forecasted to reach 10,000 ADT in 1991 per ADA 1990 Project Volume for same link 2093 1995 Project Volume for same link 3928 1991 Project Volume::; 2460 Interpolation for Radfo Road (between Livingston and Santa Barbara) 1990 Volume 7482 1995 Volume 11226 1995-1990 volume/5 = 748.8 per year Link forecasted to reach 10,000 in 1993 per ADA 1990 Project Volume for same link 1995 Project Volume for same link 1993 Project Volume::; 3219 6040 4911.6 Conclusion The developer paid $5.9 million in impact fees and provided right of way dedications valued at $1,178,733 for a total contribution of $7,078,733. This figure exceeds the fair share obligation calculated as $6,829,232, which again must be considered a conservatively high estimate. The Essentially Built Out Agreement also includes an additional $110,000 in contribution toward various transportation conditions. Based on these findings and the supporting compliance chart previously provided by our team, we request your support in advising the Department of Community Affairs that the developer has satisfied its DR! transportation obligations. TAL 451450856v4 31212008 lJI SII~llj!!ID5IalaIII151Iil~III~!BI t31 ISllsllllaallaaaaal.l,aalaaaaaaa. III 11!!1151.llllllaBII.aal~5!!11!6al All al!IBI~~~~!~li~55~~I~I~lelil~I~2S ~s 131 al~lllill'a!lglali!III!~~!ill&las & II !!I!ISSB!1115ISS91~SI~S'I~~I~!!IS .;...1, II! limmmmmmmlmmm ::;:;,..'~ I JjJ al!I!!II~!OlllaSII~ODDOa!I~!~!~OS ";: ~ .. a i ! ! ! ! ! ! ! ! ! ! ! ! ! : ! ! ! ! ! ~ ! ~ ! ! 5 ! ! ! ! ~ S 9 ~ l~ ~9i&~9iiQiiS,gQQQQQ~iiiiiG;9QQ;iG 11 . . : ~'~ ".. . , \. ."":,,, , '~fT:; . . *** OR: 4455 PG: 1791 *** , 88 - - - '~" ., .. .... - s::I ~ e -= ~ 11II 1:: < QQGQi;iiAQo'i;i;ii;oooo~QQiiiiioQ " i~li i)i. ~ ~ I fS IIJ'~; I: 1~li-~f jll~i .1 dhi;!ii~i'!lJlul!n!l;i~Ji;Hllfihi J'~II'.I~I ,- al ','1'11' II'. ,.- I III I Iii I I i I~ II i iii~ ! ii 'liiiiiii liJliii 'I'II I nuUml nmlllumUnllM 0-1 1- 052"'4164 ..-_._-----~_._- COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i)@.. , . 'Otl" fi"8e To: Clerk to the Board: Please place the following as a: o Normal legal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Dept/ Div: CDES/PUD Monitoring Person: Maryann Devanas Date: October 6, 2008 Petition No. (If none, give brief description): Close out of 15 PUD's Petitioner: (Name & Address): 2800 N. Horseshoe Drive, Naples, FL 34104 Name & Address of any person(s) to be notitied by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: October 28. 2008 (Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): [gJ Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: A petition to recommend annroval of a resolution of the Board of Countv Commissioners of Collier Countv. Florida, to desi~nate the Close-Out of fifteen (15) approved Planned Unit Developments (PUDs) as Closed-Out. The selected group of PUDs has fully completed development pnrsuant to their development orders, constructing to the authorized density and/or intensity, and have been found by county staff to be compliant with their specific developer commitments. The fifteen PUDs are located in Collier County, Florida and are listed by their approved name with their locations described below: BRIGHTON GARDENS: Located on the West side of Airport-Pulling Road (CR-31), approximately 1 Y, miles South of Immokalee Road, located in Section 2, Township 49 South, Range 25 East, consisting of 5.14 acres. CAY LAGOON: Located at the Southwest corner of Orange Blossom Drive and Yarberry Lane, which is approximately 1 y, miles North of Pine Ridge Road and approximately Y, mile West of Airport-Pulling Road in Section 2, Township 49 South, Range 25 East, consisting of 5.87 acres. CHESHIRE ARMS APARTMENTS: Located between Green Boulevard and 16110 Place S.W., West of 41'1 Lane S.W., in Section 22, Township 49 South, Range 26 South, consisting of 4.98 acres. CITRUS GARDENS: Located on the East side of Airport- Pulling Road, approximately 1 Y, miles North of Pine Ridge Road (CR-846) in Section 1, Township 49 South, Range 25 East, containing 98.6 acres. CRYSTAL LAKE: Located on the East side of Collier Boulevard (CR-951) and South of N Immokalee Road (CR-846) in Section 26, Township 48 South, Range 26 East, consisting of 168.8 acres. EMERALD LAKES: Located approximately Y. mile West of Airport-Pulling Road (CR-31) approximately 1.5 miles North of Pine Ridge Road (CR-896), in Section 2, Township 49 South, Range 25 East, Collier County, containing 148.27 acres. GREEN BOULEVARD: Located on the South side of Green Boulevard between Santa Barbara Boulevard and Collier Boulevard (CR-951) in Section 15 and 16, Township 49 South, Range 26 East, consisting of approximately 83.45 acres. HUNTINGTON WOODS: Located immediately North of Rattlesnake Hammock Road and East of Polly Avenue in Section 16, Township 50 South, Range 26, consisting of 6.62 acres, KELLER ENTRY LEVEL: Located on the East side of Shadowlawn Drive approximately 300 feet South of Davis Boulevard (SR-84) in Section 11, Township 50 South, Range 25 East, comprised of 10 acres LEL Y BAREFOOT BEACH CONDO: Located on the Gnlf of Mexico at the North Collier County line, bounded 8t~orth' and accessible from Bonita Beach Road, in Section 6, Township 48 South, Range 25 East, consisting of 9.15 acres. MARKER LAKE VILLAS: Located ou Vanderbilt Beach Road, bordered on the North by Pelican Marsh and on the South by Emerald Lakes in Section 2, Township 49 South, Range 25 East, consisting of 12.06 acres. MOORINGS PARK: Located on the West by Goodlette-Frank Road and has approximately one mile of frontage on the County Club of Naples Golf Course, within Section 15, Township 49 South, Range 25 East, consisting of 82.946 acres. NAPLES JAYCEES CLUBHOUSE: Located 180 feet West of Tract 113, Unit 29, Golden Gate Estates, in Section 26, Township 49 South, Range 26 East, consisting of approximately 2 acres. PARADISE POINTE RV PARK: Located on the Southwest side of U.s. 41, East Tamiami Trail, approximately 2.6 miles East ofthe intersection of U.S. 41 and Collier Boulevard (C R-951) in Section 12, Township 51 South, Range 26 East, consisting of 56.13 acres. RIVERBEND: Located South of Tower Road, approximately a 'j. mile West of Collier Boulevard (CR-951) in Section 9, Township 51 South, Range 26 East consisting as 29 acres. Companion petition(s), ifany & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: Account Number 068783 Reviewed by: Division Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before Bee or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to Clerk's Office D Requesting Division D Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FORCLERK'SOFFICEUSE.~f!'r~CY ._l......,f..d ,^\,,,/~ Date Received: ~ Date of Public hearing: ~ Date Advertised: ~'r) "se RESOLUTION NO. 2008 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING OUT FIFTEEN (15) APPROVED PLANNED UNIT DEVELOPMENTS: BRIGHTON GARDENS; CAY LAGOON; CHESHIRE ARMS APARTMENTS; CITRUS GARDENS; CRYSTAL LAKE; EMERALD LAKES; GREEN BOUl,EV ARD; HUNTINGTON WOODS; KELLER ENTRY LEVEL; LELY BAREFOOT BEACH CONDOMINIUM; MARKER LAKE VILLAS; MOORINGS PARK; NAPLES JAYCEES CLUBHOUSE; RIVERBEND AND PARADISE POINTE RV RESORT, WHICH HAVE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS AND/OR HAVE BEEN FOUND BY COLLIER COUNTY TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS. WHEREAS, the following Planned Unit Developments have all been "built-out" pursuant to Section 1 0.02.l3.F. 1 of the Collier County Land Development Code or have been found by County Staff and Division Administrators to be in full compliance with the requirements of 1O.02.l3.F: Brighton Gardens. Cay Lagoon, Cheshire Arms Apartments, Citrus Gardens, Crystal Lake, Emerald Lakes, Grccn Boulevard, Huntington Woods, Keller Entry Level. Lely Barefoot Beaeh Condominium, Marker Lake Villas, Moorings Park, Naples Jaycees Clubhouse, Riverbend and Paradise Pointe RV Resort; and WHEREAS, it is in thc mutual interests of the herein named Planned Unit Developments and Collier County to close out the Planned Unit Developments so that annual reporting obligations on behalf of the Planned Unit Developments and review of those reports by the County will become unnecessary upon approval ofthis Resolution; and WHEREAS, certain of the herein named Planned Unit Developments have explicitly complied with each and every developer commitment (Cheshire Arms Apartments, Crystal Lake, Emerald Lakes, Huntington Woods, Keller Entry Level, Lely Barefoot Beaeh Condominium, Marker Lake Villas, Paradise Point RV Resort) and the remaining Planned Unit Developments have been reviewed by the County for compliance with their original commitments after initial rcvicw noted potential incomplete commitments and have been found by County staff pursuant to 10.02.13.F.5 to be determined to be no longcr nccessary and released by the Board of County Commissioners. 8e NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following Planned Unit Developments within Collier County are found to be "built-out" and therefore are deemed "closed out" for purposes of the Land Development Code Section 10.02.l3.F.: Brighton Gardens (Ord. 96-60), Cay Lagoon (Ord. 92-37), Cheshire Arms Apartments (Ord. 84-53), Citrus Gardens (Ord. 86-33 and 89-25 as amended), Crystal Lake (Ord. 84-73 Partial Rpl.; 0-1; 94-61 and 05-45 as amended), Emerald Lakes (Ord. 82-36; 82-89; 91-66; 91-92 and 91-99 as amended), Green Boulevard (Ord. 83-51 and 85-23 as amended), Huntington Woods (Ord. 82- 22 and 86-2 as amended), Keller Entry Level (Ord. 80-35), Lely Barefoot Beach Condominium (Ord. 85-22 and 87-52 as amended), Marker Lake Villas (Ord. 97-37), Moorings Park (Ord. 79- 19; 79-99; 80-31; 83-1 and 02-12 as amended), Naples Jaycees Clubhouse (Ord. 75-25), Riverbend (Ord. 81-28) and Paradise Pointe RV Resort (Ord. 89-1 and 95-53 as amended). THIS RESOLUTION ADOPTED atter motion, second and majority vote favoring same this day of ,2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: _~_________,______~ TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: .1t- ? ~,Qt Steven T. Williams Assistant County Attorney Page 1 of I Martha S. Vergara 8e .---,_._^~-~~^-'-"-'---~-'--~-~-'-""-*"'--------~"---_....__._._-~~~----~--~~-~--_._._---~-- From: Martha S. Vergara Sent: Tuesday, October 07,200810:51 AM To: 'Iegals@naplesnews.com' Subject: Close-out of (15) PUDs Attachments: Closeout of (15)PUDs.doc; Closeout of (15) PUDs.doc Here is an Ad to be placed .. PLEASE SEND AN Q~ WHEN RECEIVED. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 10/7/2008 Martha S. Vergara B.C_I" I From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, October 07,200810:51 AM Martha S. Vergara Deiivery Status Notification (Relay) Attachments: ATT452080.txt; Close-out of (15) PUDs [j".- ''"'' ~~ B AlT452080.txt (231 B) Close-out of (15) PUDs This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Martha S. Vergara --,~----,"-----_._----^--"-"-"~-"----~-'~"'-'--'--------_._--~_.._._-----"--- From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Tuesday, October 07,200812:25 PM To: Martha S. Vergara Subject: RE: Close-out of (15) PUDs ok From: Martha S, Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Tuesday, October 07, 2008 10:51 AM Posted To: Legals - NDN Conversation: Close-out of (15) PUDs Subject: Close-out of (15) PUDs Here is an Ad to be placed .. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 10/7/2008 Page 1 of 1 8 C r~j NOTICE Of INTENT TO CONSlQER QRDINANl,;f Nvtic~ I!> herehy given lhal on TUESDAY.O':loner fi~}:~!di~1~~~~fl~rdC~~~t}S~t~~~~,;~~mJ6:~i~.- 3301 Ea~t TilI'nlaml Trail. Naples, Florida. the Board of county Commissioners w,11 conSider 1he enact. rncnt of a County Ordln.l.ncc, The meetln!) will commence ilt9:00A.M. The11tleofthe proposed IlC5olutlol1 is as follows: RlSQllHION or HIL 130AlW or COUNTY COMMIS SIONERS OF COLliER COUNTY, FLORIOA, CLOSING OUT r1FTEEN lIS) APPROVED PLANNEO UNIT OEVEL OPMENTS: BRIGHTON GARDENS: CAY LAGOON; CHESHIRl ARMS APArI fMENTS: CITRUS GAHUE:;NS: CRYSTAl I AKE; EMERALD I.AKES; GREEN ROULE. VARD; HUNlINGTOJl! WOODS; KELLlR ENTHY LEVEl; lFLV BAREFOOT BEACH CONPOMINlUM; MARKER lAKE VilLAS; MOOWNGS pARK: NAPU.s JAYCEES CLUBHOIJSE; RIVERBEND AND PARADISE POINT'f RV RESOln, WHICH HAVE FULLV COMPlETEO OlVElOP MfNT PURSUANT TO THEIRDEVELOPMfNT QRDf.RS AND/OI~ HAVE BElON rOUND BV COLLIER COUNTY TO BF COMPLIANT WITH THEIR SPECIFIC OFVHOPFR COMMITMENTS. A petition to :"ccomn1cnct approval of a resolution or 1h€! Bod"l or County C",mmis&ioners of' Coil\er COUllty, Florid..... todC"slgnate theCloscOuto1tif ~f,~~;ll1J tr.fs~~vg~t~~~~~?c~bt ~r~~~~nfWrri~ hi\SfutlYCQlllplel(Kl developm~tpursuanllothelr development orde-rs,tonstruC1lng to the iluthllrl:::ed dens,1~ il;1d/or intensity. and have been Tound by ~~~~tr s:'~~~t~~?~l}J~~~~f~ ~~~~ ~~tl~~~~tct in Collier Courlt)',Florldaand att"llsted by their ap gmC1\~'tNmf.A~~;~~i~~i~b~~i~~I1~nd:l~r~~t ~~Ot~t Airport.PullingRoadfCR'31).approximillely 1 '., mltesSoutl1otlmnlok<l1eCROad,locatedln5ectlon 2,Township .19 south. Range 25 Fast,cC>nslsting of 5.14 acres.; CAY lACOON: located at the Southwe-sr corn~lr of Orange Blossonl Drive ilnd YartX!rry Lane, ii'i~~~h d~a':ff~g~'~~~~ \~l~t~iynl,~I~i1 ~~~~IOhr~~:: ~~~~~U)~I~R~~~2~~i;~~~iO~f ~'.;?~c~.~~~f t~ESSO~I~~ AflMS APARTMENTS: locatecl between Green Roulevilrdand IMh PlaceS.W.. West Qf41stlal1e ~o~ih:r~5~;~f;~g2;'f It~~{t~<;,.i9CW''l~~'GRA'W6iN~~ Located on the last side ofAlfport-Pull.lng ROud. apllrOXHllato:>l)' I ','~ miles NorUl of Pille Ridge Road ~~;~6t:11~i~~'l~11g~~.~~~Y~T~~u~~'K~~~~il~ crt on the Umt side of Collier Bouievard (CR-9S1l arld South ofN Immokillee Read (CR'8461 in SC<:tion f~~J>~~;~1~~ t8J'~~lt~ltl1e!:~~ t~ta;g(~~~t'IJnr~~)I: mate!y ~'. mile west of Airport-Pulling Road (61'1-31) ~8f~~~~~t~~to~ li.'lfgy,~~~~p oJ9PJ~~~:d~n~~~~ ~~ihf g~~elr~ S g~g; to~~~ '~l~nt~et ~~i.~t~ ~f~:~~ Gr$]tl Boulovar(j between S;lnta Barb<'lril ao"l\?vard and COllier 6(lulevard (CIi'-9S1) In Seal(ln 15 and 16. TownSIHp49 Soulh,Ro'Inge26E<lSl.COI1Sls1lng "fap. pl-Qxlm<J.tely OJA5 acres.; HUNTINGTON WOODS; LCl <:;:."ltcd Immedlalel~ North Rattlesnake Hammock Road;:\ndEnstoti'ottyAvcnuc inSectlotll6, Town ~hip 50 South. Range 26. consisting of 6.61 il,CroS.: KEllERlNlllY LEVCL:locAted on the last side of SI1ildowlawn Drive appro~ll1liltely 300 feet SOuu, or DavIS~uievard(SR.84)lnSectlonl1,Townshlp5-0 SOulh,I'l.1nQeJ5fast.COlllpnsecJofLOilcres.;lHY llAREfOOI llEACII CONDO: loc~ted on the GUl1 ot Me:c.icoattl1e Norlh Coll~rCoLlntylinE'.boupded on theN<>rth anr1 acct'ssiblefromBOnltaLle<lch Rod, in S~Cj'OIl Ii, TownShlJ,l 4.8 south, Rang~ 2S East. COI1- sistilll) of9.El acres_; MAftKlR LAKE VILLAS: l(lCat erl on v",:1rJerlltll Beach R(lad. bordered on the North By PellC<ln Marsh llntl on the South By Elll€r. ,lldlakv$ In 5eCllon2. Townsh,p49 SQulh, Range 25 East. conSisting ot 12.06 acres.; MOORINGS PARK: loc.11(!(lon1heWestllyGoodlette:Frl'lnkRoadand has ai)prO~lml'lt('iy one mite of Ironta~e on the Co~,.,try Clubo/t4aples Clolf Course, wilhm section k~:9~1~\'~~~; -:iA~~rJ1Jf~~UU~~6tsS~~t~~;l~ ed lBOleetWestotTra.ctllJ,Unlt<!9,GohlenGlI.te fslates. in S('ction 2li, TownShip 49Sov1h. R;lnge-~b tast,conSlstlng ofapprOXlmateiy 2,).cres.: PARA OISF POINTrl?V PARK; located on the Southwest ~ I~~l~~~ ias~ 10r~~ i~~~~~~\or;~II' U~~~~~~~"'d"'~~r. lieI' B(,ulevard (CR-9511ln Se,ctt.on 12. Township 51 Soulh.Rilllj'Je 16 Easl.conslstlnj'J of56.Bacres.: ~;Xt~~;EaN,~; '~?i~a~~s~~'f3omc:.o:;J1e~~' i'.g$!~5'(ii; In Section 9. lownshlp:.1 SCuttl. H~nge 16 ba.st con slslin(;ol:><l,'1C-r<:5. Copies ofth0proposed Ordlna,,1(:c are on rile with theCle.....tQtheBoarclil/1dareav<l,i1llbleforlnspeoc. l,on. Alllnteresled parties are invited to attend ilndl>el1eard. 8 C k'~! ~~~E;n~~I~e~i~~~rwls~~nPn~Q fg~~~ O~d~r.,~~~frQ~ prlnrtl) presentation of the a.genda ltem to be act- dressed. indlvuhl,ll speakers will betim-Ited LoS minutes on any ltem. Theselect10n ofa,nlndlvlr1ual ~ ~~~~~~9o:d ~e~il~~g~ ;~i~;9ab~zm~O't hO:i~~Oi'~ I~ i~g~~P&~igJt~ ~~~~~o~gTna~~Z~~ion may 11e' Persons wishlnQ to h<lve wl'ltten orgraplllC mil. taflals inCluded In the Board agenda packets must submit said material a mmhnum of 3 We-eKS prior to the-re!;pectivepubllCI'eaflnQ..lnil~casf.',wfltten ~1~t,f~l~o~~~~\~d l~ol~~ ::J~~~~~~~te 'io~~ely~~~rr ilmlnlmum ofsevcntla.ysprlorwthepubllchear ,nu. Ailmale"lal used 10 presentations beforelhe B'xlrd Wlli IJeCOl11e a pemk'lnent pillt of tile rewrd. Any P~"'SO[l who decides toappeilladC(;ision ot~ Board w,1I need., record C>flhewoce€dinos per' td.lIlin\lther~() d.lldtht'rl.ffol'f'. may neell to ensure thal a~erbntlm n"C(lrd pfllle proccc,clings is made. Wllich record includes tile testimony dnd evidence l,ponw)1ichtI1ellppei.lllsbased. ~J~~I~~;tft~I~~~ ;;":~~r'\~i~~~\~rp~t~olgm: gr~y ceed,ng. yoo arc eJ1ll1led. at no cot:;1 10 you. tQthe provision of celialn ass\:stance. Plea..se contact the Collier County Facili1ies Miloogemenl Dem'llment. ~o;>~~cs~ Fill~;i~~13~1ili~'Y:1~9rS~.~~.' .tUsl~t~IW I~: tculng devices for the hearing Impalr~ct areavilU i\.ble In the County Commlt:;sioOl~rs' Ofti~ I'IOARD OF COUNTY COMMISSIONERS CQLLIERCOUNTY, FLORIDA TOM HFNNING, CHAIRMAN DWIGHT E. BROCK, CLERK ~l~A~~rthl Vergilra.Depllly Clerk ()(;t(lberD NO. 1744465 Martha S. Vergara From: Sent: To: Subject: Attachments: !it UAS78C5.jpg (185 KB) Thank you for Date publication Account Number Ad Number Total Ad Cost 8 C '1" Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 07,20082:09 PM Martha S. Vergara Ad Confirmation UAS78C5.jpg placing your ad. 10/07/08 NDN 744100 1744465 $689.20 1 Martha S. Vergara 8e From: Sent: To: Subject: Pawlas, Mereida [MCPawias@Naplesnews.com] Wednesday, October 08,200810:17 AM Martha S. Vergara 45000960189 Notice of Intent to Consider Ordinance Attachments: UASAEOB.jpg rl his is a copy of the Notice of Intent to Consider Ordinance, scheduled to run in Naples Daily News. UASAEOB.jpg (170 KB) Please confirm the receipt of this email. Thank you for Date Publication Account Number Ad Number Total Ad Cost placing your ad. 10/08/08 NDN 744100 1744465 $689.20 Mereida Cardenas-pawlas Classified Online Administrative Assistant email: Mpawlas@naplesnews.com Phone, 239-435-3476 Cell, 239-253-8886 Fax, 239-263-4703 www.naplesnews.com 1 NOTICE Of INTC::NT 10 CONSIDW ORDINIINCE .ltice is_horeby gillen thaI <lnIUESDAY, October ;, 200a.lnthe fioardro(ltll, 3rd ~loor,Admini5tra .ln8111Idhlo;1,CollierCOlll1tyGovemmentCcllter, OJ fil~t T,lmi.J.mi TraIl. Naple~, Florid", the Board CountyCommissiooers willcoosiderthellnact. ~nt of::t County Ordm.\flCe_, The- meeting will ImmenCf!_lIt 9;00 A,M, The title of thf! prOpGse-d 'SQlut,on IS.1~ follows: ~8C 'SOLUTION O~ THE BOARD OF COUNTY COMMiS ONtRS or COLLI Ell COUNTY. FLORIOA. CLOSING JT ~IFTFFN {J5J APPROVED PLANNfD L1N1T DEVI'l :;>MI::NTS; 1l1.IGHION GARDENS; CAY LAGOON; "ESf.lIRf ARMS APARTMENTS: CITRIJS GARDFNS; lYSIALl.-AKl:: EMI:.RALD LAKES: GRELN llOULI;' lRD; HUNTINGTON WOODS: KELLER ENTRY LEVEL' .LY BAREFOOT 13EACH CONDOMIUIUM: MARKlR IKE VILLAS: MOORINGS PARK: NAPLES JAYCEES .UBHOUSE: IlIVERBENOAND PARADISE POINTE RV 'SORT. WHICH HAVE FULl.V COMPLETED DEVELOP ENl PURSUANT TO THEIR DEVELOPMENT OIlOERS ~D!OR HAV. FlFFN FOUND BV COLiIER COUNTY TO . COMPLIANT WITH THEm <;PEClrrc DCVELopeR )MMITMEt-JTS. petitiontor!:'col11rT1endol/JprOV,llofaresolutiOJ1 th<2 Board of COU:'1ty Comrl1is~lon(!rs of Collier wnty. Flomli'l.to desigu<1.te- the CJo5e.Outoffif f1~H,~J ~r,J;~?1~6~:i~~~~~e~~~t ~r';~~o~~rrri~ IstuUycompINed(levelopmentpur':;uanttotMir lV'i'I_opment orders.con~;rlldlnQ totlll:'iurthorl7ed ;G~:~Y s~;~~~~'I;~t~~'~\~';i\~~t.~~:fh:;te~~(jW~ (?l ,Iopo, commltmel"lts. rhe fl~n PUDS ;Ul! lo\,".atoo ColllerCOI.nty. Florida;uul.velisted by l:he1til[1 oVNl name WIth their loc1mons described below: IIGHTON GARDENS: L!>cafed Oil the West sid", of rport.Pullirlr;Jlload (Cf~.llJ, approximately 1 i"1 ile~S<;Julhofll11l11ok<llee ROl\d.loc<1.ted in Sl\c;!lon IOWIlSh'lp 49 Sout~.. I~;'lnge 25 Eitst, consir;tin~ of 14 .,Cl.e~_; CAY LAGOON: Located at the SOuttWtest IrnorofOrilllgel3los.';olll Drivf'al1d Yarberry Lilne. IlIch 15;Jpproximiltely I ",miles North off>lne dgo Iluild and '~PJlroxlln,~t",ly '. mile W0St of Air. >1'1 PullillgRoad ll1$el"tlon ?T<Jwnship.19SQuth. mgl'!lSEMt, c.onslstlng 01 ~.8i' tlcres.: CHESHIRE .MS APARTMFNTS: LUcilted betwe~n Green JlJleVard andl&th Place S.W.. West ot 41st Lilne W., in Section 22. Township 49 South. Ranuc ~r; ;~,~I~e,10~~ I{~~n~.l~~ ~?3/g~e:i';p{'~~tR~~1 ~~R~~~a: ~cr~4~r~t€~;tL~; r.1~~S~~'I~i71 ~~~1~~1~.1~~~~~~~ 1St. Gomalnilli:l 98.6 <1.cres.: CRYSTAL lAKE: Locat. lOll the 'CIS. ~Ide of Collier Boulevilnl (Ci=!.951) ld South OfN IlTllnOkollee 1~f'ad(01..S46}jnSlx:tlon :.TowI15hip48South. Ri.llllle26Eust.CClnsistillg of ~t:I;' i'~~~i' I:e l~;S~~~ ~i ~~~r~:R,1If;uil~~~di\tf~?{II) Ie.'~~~~i;~t~~~t;o~. ~,I!f;:'~;I~~P ~gJlri~t~~d~1r;.~~~~ ~~ ~lH~!~ rFS g~g~to~~r;:11S,i,nR,;~i~t~ ~fJ~~~ eo(ml:!onlcvard between Santa Oarbflra UGul(ward 1<1 Collier Bo\..I~lIard (CR.951l ill Sertion 15and 16. '~:l~~,~e~; ~j.~~\~,~~~t. H2JN~'og~sW6nJb~~ r~: Ited immediately Norlh RlItllesnnke Hammock lad 'inri Ea~t Qf Pol!y Avenue in SectIon 16. Town. ~\~~g ~~~khy ~~C~t: 2l&oeC~~~~:S~i'~~II~f E~;~i ~{;r:~i ~'~750t'~~~~~:~~ts8~&I;Oi~i~~~~n 3~. tp~~~~II~W ~J >Utll.llange 2~ East, compn5cd of 10 ,1Ctes.: LEL Y IRFFOOT BEACH CONDO: 1 {leated on the Guif of e~ir,o ,11 the N(,nh Collier County line, bound(>d on c Norrh :~nd M:ce~sible from Bon!!" fle'lch Rod. 1Il ;~;;l~ln o~',/ f5~1~;~t ~t~~~~. ,~:R~~ ~~l~~~to~~;: Ion Vill1cle>rbllt Beach R"ad. bordered ollthf' .lrthBy Pel'icdn MMSh i\nd ontheSOUl'~1 By Emer. ;:lLakeslnS0ctlo!12,Townshlp49Soi!th,Rllllg1';!5 1st. <:l)n51~tfno of l2.06 acres.: MOORINGS PARK: ,cntoo on thp West by Goodlette.Frank I<O,1d and 15.wpro<ul1<\tely ont'rnlleoffrontllgl' ollthe IUntl"y Club of Naples GolfC{)(Jrse. wlthln_St!ct!(J1l . Towllsh.p,t9Soulh,R<'UlOe}5East, COllSlstlngof ,946 ilcres.: I>lAPLES 'AYClES CLUBHOUSE: Local. I 1ll0feetWestofTract IB,Unit29.00Idc!1Gate .tllt()s. in,se:r.tion 26,TOWl1shlp 49 South. R"nge26 ,st, con~lst"'g of ilpprOXIIlll\te1y ~ acre5.; PARA. 51:. POINTlflV PARK: LOCilted un the Southwest de (jf U,S. 41, Edst Tillllillrl'l Trilil, 1l.Ppro~imatel~ 3nllles[,'1stofthtlllltersecllollofU.S.41andCol. 'I" Aoulevi!rd ,CR.9S1) in Section 11. TrJv,tnship 51 IlJth. Rilnge2GE,lst. consisting of 56.13 acres:: ~t~~~EaNI~;';'TI~a~~Sr~,t~'oYlje~O~;rl<'1~'~~' (CW_r9.'~;) SI.'Ltion9, Township Sl South. Ran(JC lGEastcol1- ;tlnqof2911iTfoS. Ipics Of the ploposed O,-dlll,U1CQ are on 1I,Iewlrh e Clerk to the Board undi.'lrei!lfailableformspec. In. Alllrlterested partll'!s .:Ire Illvited to,lttend I(lbC'I'lOo:\rd. )TF:: Allller50flswi~l1in'JtOSpUl1konanyagcndi1 }111 must ":'\Ilster with the Cnunty administrator loctopresel1tation of thl:' ,1genda item to ilead- i~t~:~. o~,n~~~11~~. :;fh:~:r;d'(~g ~1 ,~MJ~t(j'i~'id~~ ,~~~;~~enrlbe Ihfa~~~~;~i ~~3ar..;zm~O~ho:iWnoau~ I; mkcspersonfor"9r<1llpororgi\llllatlon may be IOlted 10 O1i'lut~s fo speilk on 'If' i1t'Il'1. ,rscns wbl1il1\J to have written Grgraphic 01.1- rials lfIclud"d In the Board alj)enda packets must Ibmll said materlill ,,- mi",mum of 3 weeks prior to ~ 1~~t~,~eV~~,PcI~~llfo 11~~~~~j~~~ ~~Stf~e Wa:~~ Ifill be submitted totI1()i'I~llroprlateCounty staff Illlnimul1l of_"ellen d>lV~ prIor to the puulic he'll". Q. All mJ.tE!l"Iill used In presentations bl'!forethe lo'lrLl willbecomC.1.pemlilnenl P-'l.rt Qltherecord. :~,~~m1n~~d ~";~~"'o~doo7rt~~"~~~~~M~~~f~~ ''''IlIY therl.'lo !lnt! th~l<!rore. IlllW need 10 ensure I~i~~ ~~~~~~1~1[I~dO~-~ t1:t!t~:!>~I~~~~~~~j lei~:~~ lOI1Whic:htht'al1peilllsbilsed. YOLl llre ,1 person with ildtSilbilit)lwh()Ill'!e-ds any :CQI1Hll0d"lloninoru,)rtoPilrticlll<1teinthlsprl)- ,pdlng.youareentltlt:.d,lItnOcostIOYOu,tothe OViSIOIlof certillll ,lsslstance. Pleaseconlllctthe l~~~~J~~Wo~1C~~I~~n~~~H"~~~ ~~~~ \pleS,Florlcla34111.(239)252.6300.MSjst~~l!s- Ili'ltl rJevlc('~ lor Iht'I>€'Mlny unpaired 1'Ir<)ilVl'lil. lie IntheCmmty CommIssioners' Oftlcl' lARD OF COUNTY COMMISSIONERS )tLlER COUllTY. FLORIDA }M HENNINC, CHAtIlMAN NtGHTF._l'lROCI('Clf'RK r: Martll;) Wrg,Ha.PeplllyClerk EAL) :tnber 12 No.li'44465 U.UI!Tfcr A. petition to recommend approval of a resolution of the Board' of County CommissIoners of CollIer County.florlda, to desrgnate, the Close-Out. of fif- teen (15) ~proved. Pfanned Unit'.. Developm,nts (PUDI) 8$ ct.oSed-out.- The selected ..group; of PUDs hai: fUlly (:~Ieted devef9Pment pursuant tg their 0"""'_'_. _....... '0 !he ...lflo,'zed Oo/1sltj _ l_sIty and bave l><!en foUndb. county start to be-. eon1p'hant wlthttleJr speclfl(;: de- velo~r comm~. The fifteen PUDs are located in CoUl., Counii; Flori," ,..nd,....~.JI_, b.,tj1e1r a". proved_ lIlel,t<ll!_'" _~, BRIGHTON'G' Dlt$: t.ecatedon' !. MSf'lilde (If .,,,.Oft.pullln. '=(CRR,' .31),1.. ~ro. "'..,... y I 'f> mil" _ Of, _. tq,,,,,~~l::'J""' 2,TOWl1$~Ip"'S\l _2!lIUt" of 5.14 acres.b, CAVLAGOOPti Locatec:tat the Southwest """ erof ~an go"", . DrlYeand, V',rb ~ Lar\E!, I. . . Is. ..... 1..'4tnll815;flforth-Of Pine , Road arid,!lPIN'O- lmat8fy Wmllewest of Aii'; ,i Pulll Road InSecUon 2 Township 49 South, " . 2S'"!!.~..lstln. of 5.87....., CHESHIRE .. S . APAtUMEIfl'$: Ltk:ated;lfetwten.. "Green.' , Ievardand 16th Jl P1aee s.W.. We~f"l't lane In Section 22. Township 49 SOU .. Ban~ 26 consisting of 4i98acres.'Q GARDENS: on the East 'Ide of. ;ilrpptt'~W:eRoad, ely 1 'h miles Hoi'tti' of 'Pine, . Roao lon'~ Towns~lp 49 $OI!lh.l!iltllIo 2. 91.6 acres: CRY=ST ,LAKE: L<<at;. side of coiner . <CR.951) Imm0k4lep Read (CR.I46) In section Soulh,llango 26 Eas~ ,..silting of RAl.D LAKfS: to<<tS:d laPPtQxl- West Of AIrport.Pulll.. R~.31) 1.5 miles No!'thof' PlneRI e Road :~ tetlon 2. Townehlp 49 Sot.rth<l '. e 25 ier, 99'1'O!Y." contarMlf1~I48.%1, 'acres./' " LEY~:;(;~cm' e SOOth side 0 '.Boulevard betweenmnta. ra Boulevomf Mid oilier Souleva~ (ca ) In.Seetlon:15.and 16. TownshIp <49 South, Range East, consisting' of ap- proximately 83.45 acres.; HUNTINGTQN. WOODS: Lo- catedkYune__ty, Nerttt.. Ratt~..HlU'i'lmock Roed'a~d:'East o[W:pojly"~ I., S~lOnl6,.Tow'n- shlj)50 South. e 26. consisting 016:62 - acres.i' KELLER ENTRY_ LEV : locIl.ted on the East Sldep Sl\adowlawn DrlveapproXlmatelY300 feel SOuth of Davis BoUIeVard,'f;~-84} In Sectfo on, }1, Town, IhlDJO Soulh, _. 2"liPm",,... of 1Il.......'ELY BAREFOOT lItACH . NDO:' Located on the Gulf of Mexico at tile North CoWer COlimyllne. boUnded on the North tuw;I aeetSslbfe from BonIta. Beach ~. in "ellon .. Township 411 South, Range 25 Eas', con. ststlncr'of 9JS lilcrfi;: MARKER .IAKE VIU.AS: locat- ed on.,V....eft!iIi~i_~~chAead. bOrdered 011: the North By Pelican MDnfI4ndon th4tSouth By Emer- ald Lakes In'S~lon 2. Township 49'South. Range 25 EaSt, consisting of 12.06 .res.;MOORINGS -PARK: Located on the West by Goodle~Frank Road and has approximately one mile of frontage on the Counby Club of Naples Golf Course, within Section 15. Township 49 South. Ri!lfI~ 25 East. con~ $2 946 acres.; NAPLES JAYCEES CWBHOUSE:- f. ed. 180 feet West of Tract 113; Unit' 29, GOlden', Estates, in Section 26, Township 49 South, ~26 East, consisting, of apr'toximately 2 acres.;".. .._~ DISE POINTE RV 'PARK: l.ocated on the So . side of u.s. 41, East Tamiaml Trail, approximately 2.6 miles East of the Intersection of U.S, 41.cor. Ii',' 8o,UI'''''''.. (CR,'51) In Sectlo,n 1_2}'Tow n, . . 26. East, CGnIJlting OJ 56.11" " ..... . " . LOQItIJd Souttt. of'Tower Road" r . ~ ."ot COIt_ "1QuIevar1J, ,_ _.I__:M -.': . ~(ose-1i1: o? ItS VJJ)S 8C !all'' grs~t~.=:-,..-..:\~'M..,:, lInd be heard: " . . NOTE: All person$ Wishing to s~ on an aaenda Item must registf!r with the Cou!ltY admTnIstr6i prior to presentation of the aqenda',item to b., ~,'" dr.essed. Indjvl~uaJ sPelkerswUI be IirrilteQ.,itifl mlOutes on any Item,'rhe 'selection of an Inc:ffYtdQa to speak.. on behalf of an organluUon or group is enc::aged, If recognized by' the Chairman a :tr~~~u7~~o,~:a:I:::atign may' be fe~~sn'n~udiShadll1g, .t~ ha~!..~r/tten or graphic ma- bml . . In \.lIe .---~ agenda P8C1iets must ~t: t said, material a minimum of 3 weeks prlor to m:~8$rl P, ect,I~..a~dbIlC htarlng! In any c;ue. writtf!n . a 5- nl.Cf1ue . to be C9(tJiderea 'by the Board shalr be submitted. to the. appropriate County staff r"mlnlawm of seven~a~.pNor to.the public tlti!ar. ~~fr=:::m~V=_r':.="the ~,rnon"r who deelde,to, appeal ~ decIsion of the w need a record of the ProceedIngs per ~~~~m.g v~~~ llron~!!!ereforf the.,. may need t~ en~ur~ hI h -' u QI prOceedings IS made w c record Includes the - testimony and evidence upon which the aPPetJ Is based, If yOU are a person with a disability who needs any aCCOIqmodation in order to partiCipate in this pro. ceedlna. yduare entitled. lltnocostto ybU 'to the ProvtslOfl of CElrtaln. aullitanee. Please contact the ~=d ~~"Ho{"'':::nn~':snt DeB:rtment, ~~s. ~J~rlcfa "1~ (239) 252-83BO~' A~lstl~ J~: ~bl.lntheVd~sntytor:nml~~~~~s!'8~~~ are avail- BOMOOF COUNTY COl~flRC .....k ~et:rJ C "no 0 FILED 4/Y 03 2008 . I.r-I') ('OINT OY ( , " l:'IORIOA ZUDa OC I AM r,ln~NCE DEPT. CLERK O~ - , Affidavit of Publica{iot~RTS State of Florida SY___ County of Collier --_D,C. NAPLES DAILY NEWS Published Daily Naples, FL 34 i02 Before the undersigned they serve as the authority, personally appeared B. Lamb. who on oath says that they ~er\'e as tl1,e . ASSistant Corporate Secretary or the Naples Daily, a dilll} ne\Vspaper published al Naples, in Colher Count\' Flonda; dlstnbuted in Collier and Lee counties of Florida' tl;at the attached copy of the advertising, being a ' PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue On October] 2''', 2008 i;ffi~nt ti.uthc~says l?a! the, said Naples Daily ~ews is a nev.'spaper I uhhsh.::d at Naples. 111 ":O]]lCf county, flonda and that the said o:\\spapcr has heretofore bc..::n ..:ontinuously published in said Collier COUllt\'. I<]onda: JIstribut..:d in Collier and Lee counties of Florida. ca,~l~, day al,ld has ?ccn entered as second class mail matkr at the post oihL'O 111 Naples, III said Colller County, Florida, for a p,--riod of ) : car, I1,C"'1 prcccdmg the lir,"t publication of the attached copy' of aJ,~"~I~em~nt;, and ,affia~t lurthcr says th_at he has neither paid nor pr ml~<,;d" an" person, hrm or l;orporallon any discount rebate commIssIOn, or refun.d for the purpose of securing this adve';'iseme~t for :~~:2'.n t~cw,pap" ( Signature of affiant) Sw'orn to and subscribed before me Th' th IS 28 ,Day Of October 2008 . ~--\{'~A C\CJ.-.hG...:') (Signal e ofn~) " ~,.::,:,... ::':-, ".. , ." FE '5 ')- 25 7R3 2~';:'::};;::i;/ JLJD''{ NbnCEOFINTENT TO CONSIDER ORDINANCE Notice is herel:)y give" that on TUIi.SDAY~ October 28. 2008, In, the Boardroom, 3rd Floor, Aamlnistra. tlonBulWI~, collier County GQvernment ' center, ~301 east, Tamtaml Trail, Naples, Florida. the Board of COUnty CommlssJoners wlH consider the enact- ment of a COunty Ordinance. The meeting' will commence at 9:00 A.M. The title of the proposed ,Re&ohJt<<1ll....fQI19W$: RESOLUTION Of THE 'BOARD OF COUNTY COMMIS. SIONERS' QF' COtLIER','COUNlV, fL~-,PA, CLOSING OUT FIFTEEN (15) APPROVED PLANNll)UNI1 OEVEL- OPMENTSt'''''fJlUGIiTONGARDEN$;CAY LAGOON; ctIUtftkl", A'A.M5. .....ARTMINT5; CITRUS GARDENS: CRYSTAL LAKE;. EMERAL.D LAKES; GREEN BOULE- VAR~ HUNTINGTON WOODS: KELLER ENTRY LEVEL: LELY BAREfOOT BEACH CONDOMINIUM: MARKER LAKE VILLAS:. MOORINGS PARK: NAPLES JAYCEES CLUBHOUSE; RIVERBENP AND PARADISE PDINTE RV RESORT, WHICH HAVE FULLY COMPLETED DEVELOP- MENT PURSUANT TO THOR DEVELOPMENT ORDERS AND/OR HAVE BEEN. FOUND BY COLl,.JER COUNTY TO BE COMPlIANT WITH THEtR.,'SPEClflCDEVELOPER COMMITMENTS. A petition to recomme-nd apPfo\lal of a resolution of the Board of County commisslone-rs ot Collier County,Florida, to desig~te the Close-Out of fif- teen (15) approved Planned Unit Developments (PUDs) as Closed-out. The- selected group of PUDs has tully completed develOpment pursuant to their development. orders, constructlnO to the authorIzed density and/or intensity, and have been found by county staff to pe compliant with their specific de- veloper commItments.. The fifteen PUDs are located in Collier County, Florida and are listed by thpir ap., proved name with their locatIOn, descrlbf!d balow: BRIGHTON GARDENS: Located on the'West side of Airport-Puliing Road (CR-31), apr.roxlmately 1 ,/, miles SOuth of' lmmokalee Road, ocated in Section 2, Township 49..$Quth. Range 25 East, consisting of 5.14 acres.; CAY LAGOON: located atthe southwest corner of Orange Blossom Drive and Yarberry Lane, ' which is approxirl)ately 1 ',-':, miles, North of Pine Ridge Road and approximately 'f, mile West of Air- port_pulling Road in section 2, Township 49 South, . Range 25 East. Gonsistlng of 5.87 acres.; CHESHIRE ARMS APARTMENTS: Locatel;1 betwf'llm Gre@n Boulevard and 16th Place S.W.. West of 41st Lane S.W.~ In section 22, Township 49 South, R. ange 26 South, consisting of 4.98 acres.') CITRUS GARDENS: Located on the East side of A rport.pulling Road. approJl,imately 1 y, miles North of PIne "Ridge Road (CA~IM6)'kJ Section 1, Townsl1ip 49 South, Range 25 East.. contalQlng 98.6 acres.; CRYSTAL LAKE; Loc~t- ed on ':thi> EMt side of CoHler Boulevard (CR-95t) anli ~,QfN Immokalee Read (CR-840) in SeCtion :z6.ToWmihlpi@South, Range 26.EAst, consisting of 1'6&;$ 1CItI'.' ,EMERALD LAKES: located approxi~ matelv"IA 'mlkr West of Airport-pulling Roac!(CR-31) aPPf!O)l;.~y L5 mIles N.orth of Pine Ridge Road (CR-8N)',lil Section 2, Township 49 SQuth, Rangf! 2fi Ea$t.colUer County, contaIning 148.'-1 acres.~ GREEN 8OULEVARD: Located on the South side OT Gre<<l80ulevard betw~n Santa Barbara Boulevard i1Uld Collier Boulc\'ard (CR-9S0 in Section 15 and 16, TOwnship 49 South. Range 26 East; consisting of ap- proximately 83.45 acres,: HUNTINGTON WOODS: l.o- cated ImmedialEMY. North Rattlesnake Hammock Roa~ and. East of Polly A\lenlle In sectlOfl16, Town. ship SO,south.Range 26, consIsting of 6.62 ~cres.; KELLER ENTflY LEVEL:. located on the East Side of Shadow lawn Drive approximately 300 f(tet South of Davis Boulevard (SR-84) in Section 11. Township 50 South, Range 25 East. comprised of 10 acres,; LEl'Y BAREFOOT "BEACH CONDO: Located on the Gulf of Mexico at the North Collier County line, bOlmded on the North and accessible from \:lOnlta Beach Rod. in Section 6, Township 48 South, Range 25 East. con- sisting of 9.15 acres.; MARKER LAKE VILLAS: Locat- ed on Vanderbilt Beach Read. bordpred on thE North By Pelican Marsh and on the SOuth By Emer' ald'Lakes in section 2, Township 49 South, Range 25 East. consisting of 12,06 acres.: MOORINGS PARK: located on the West by GOQdlette-Frank Road and has approxtmatelll one mile of frontage on the Count!')' Club, of Naples Golf Course. within Section 15, Township 49 sbuth, Range 25 E.:;st. consisting of 82.946 acreS.' NAPLES JAYCEES CLUBHOUSE: tocot- ed 180 feet West of Tract 113, Unit 29. Gold@n Gate EstateS, In Si!ctlon 26, Township 49 South. R~e'26 East, consisting of al>prol(imately 2 acres.:' PARA- DISE POINTE. RV PA!l:K:, Located on thl'> Southwest side of U.S. 41, E<lSt Tal1liami Trail, approx-lmmlY 2.6 mill'S East of the intprsection of U.5, 41 and Col- lier Boulevard (CR.Q5l) in Section 121 Town-5'hlp.fil South. Range 26 East, consisting 0 56.13 'acres.; RIVERBEND; lOCated south of Tower Road ,a~OI\.i- mately a '/. mile West of Collier Boulevard (CR.951) in Section 9, Township 51 south, Range 26 Eaitr;on- sistlng of 29 acres. ., - copies of thp proposed Ordinance are on file. wltll the Clerk to tM Board and are available for lnspltc. ~~.be ~~~erested parties are in\litE.ld tQ attend NOTE: All personS wishing to speak on any agenda item must rpgister with the county admlni,strator prior to presentation of thl' agenda item to be ad- dressed. Individual speakers wilt be limited .to 5 minutes on any item. The self'ction of an individual to spMk on behalf. of an Of9anization or group IS encouraged, If recognized by the Chairman, a spokesperson for a group or orgi"lflization may b~ allotted 10 minutes to speak on an Item. Pprsons wishing to have written or graphic m,l- terials included in the Board agenda packets must submit said material a mimmum of 3 weeks prior to the respective publlc hearing. In any case, writtt>n materials Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public ~ar- ing. All material used In pr~sentations before the BoiSrdwlH become a permanent part of the record. Any person who decidas to appeal a decision of the Board will" need a record of the proceedings.per- taining thereto and therefore, m~ need tl) ensure ., ttlat a verbatim record of the proceedings is made. which record includes the testimony and evidence " upon which the appeal is based, If you arE> a person with a disability who needs any accommodation in order to participate in thi::i pre) ceeding, you. are entltled. at no cost to you, to thf' provision of certain assistance. Please contact tIle Collier county Facilities Management Dep,artmell-l, located at 3301 Tamiami Trail East,.. Building W, Na~les, Florida 34112, (239] 252-8380. Assisted h5- tenin.g devices for the hearing 'impaired .areilvaii. able In the County Commissioners' Office ." BOARD OF COUNTY COMMISSIQNERS COLLIER COUNTY. FLORIDA TOM HENNING. CHAIRMAN DWlGHT E. BROCK, CLERK By: Martha Vergara. Deputy Clerk (SEAL) . ()cln~[ I' No 1 ~U4".-> . Acct. # 068779 October 6, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Close-out of (15) PUDs Dear Legals: Please advertise the above referenced notice on Sunday, October 12, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk Account # 4500096189 Be II' NOTICE OF INTENT TO CONSIDER ORDINANCE l"8C Notice is hereby given that on TUESDAY, October 28, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING OUT FIFTEEN (15) APPROVED PLANNED UNIT DEVELOPMENTS: BRIGHTON GARDENS; CAY LAGOON; CHESHIRE ARMS APARTMENTS; CITRUS GARDENS; CRYSTAL LAKE; EMERALD LAKES; GREEN BOULEVARD; HUNTINGTON WOODS; KELLER ENTRY LEVEL; LELY BAREFOOT BEACH CONDOMINIUM; MARKER LAKE VILLAS; MOORINGS PARK; NAPLES JAYCEES CLUBHOUSE; RIVERBEND AND PARADISE POINTE RV RESORT, WHICH HAVE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS AND/OR HAVE BEEN FOUND BY COLLIER COUNTY TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS. A petition to recommend approval of a resolution of the Board of County Commissioners of Collier County, Florida, to designate the Close-Out of fifteen (15) approved Planned Unit Developments (PUDs) as Closed-Out. The selected group of PUDs has fully completed development pursuant to their development orders, constructing to the authorized density and/or intensity, and have been found by county staff to be compliant with their specific developer commitments. The fifteen PUDs are located in Collier County, Florida and are listed by their approved name with their locations described below: BRIGHTON GARDENS: Located on the West side of Airport-Pulling Road (CR-31), approximately 1 Y, miles South of Immoka1ee Road, located in Section 2, Township 49 South, Range 25 East, consisting of 5.14 acres.; CAY LAGOON: Located at the Southwest corner of Orange Blossom Drive and Yarberry Lane, which is approximately 1 Y, miles North of Pine Ridge Road and approximately Y, mile West of Airport-Pulling Road in Section 2, Township 49 South, Range 25 East, consisting of 5.87 acres.; CHESHIRE ARMS APARTMENTS: Located between Green Boulevard and 16th Place S. W., West of 41st Lane S. W., in Section 22, Township 49 South, Range 26 South, consisting of 4.98 acres.; CITRUS ,GARDENS: Located on the East side of Airport-Pulling Road, approximately 1 Y, miles North of pine Ridge Road (CR-846) in Section 1, Township 49 South, Range 25 East, containing 98.6 acres.; CRYSTAL LAKE: Located on the East side of Collier Boulevard (CR-951) and South of N Immokalee Read (CR-846) in Section 26, Township 48 South, Range 26 East, consisting of 168.8 acres.; EMERALD LAKES: Located approximately ~ mile West of Airport-Pulling Road (CR-31) approximately 1.5 miles North of Pine Ridge Road (CR-896), in Section 2, Township 49 South, Range 25 East, Collier County, containing 148.27 acres.; GREEN BOULEVARD: Located on the South side of Green Boulevard between Santa Barbara Boulevard and Collier Boulevard (CR- 951) in Section 15 and 16, Township 49 South, Range 26 East, consisting of approximately 83.45 acres.; HUNTINGTON WOODS: Located immediately North Rattlesnake Hammock Road and East of Polly Avenue in Section 16, Township 50 South, Range 26, consisting of 6.62 acres.; KELLER ENTRY LEVEL: Located on the East side of Shadowlawn Drive approximately 300 feet South of Davis Boulevard (SR-84) in Section 11, Township 50 South, Range 25 East, comprised of 10 acres,; LELY BAREFOOT BEACH CONDO: Located on the Gulf of Mexico at the North Collier County line, bounded on the North and accessible from Bonita Beach Rod, in Section 6, Township 48 South, Range 25 East, consisting of 9.15 acres.; MARKER LAKE VILLAS: Located on Vanderbilt Beach Read, bordered on the North By Pelican Marsh and on the South By Emerald Lakes in Section 2, Township 49 South, Range 25 East, consisting of 12.06 acres.; MOORINGS PARK: Located on the West by Goodlette-Frank Road and has approximately one mile of frontage on the Country Club of Naples Golf Course, within Section 15, Township 49 South, Range 25 East, consisting of 82.946 acres.; NAPLES JAYCEES CLUBHOUSE: Located 180 feet West of Tract 113, Unit 29, Golden Gate Estates, in Section 26, Township 49 South, Range 26 East, consisting of approximately 2 acres.; PARADISE POINTE RV PARK: Located on the Southwest side of U.S. 41, East Tamiami Trail, approximately 2.6 miles East of the intersection of U.S. 41 and Collier Boulevard (CR-951) in Section 12, Township 51 South, Range 26 East, consisting of 56.13 acres.; RIVERBEND; Located South of Tower Road, approximately a X mile West of Collier Boulevard (CR-951) in Section 9, Township 51 South, Range 26 East consisting of 29 acres. 8e Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are ~: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. {~8C r. . 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prinl on pink paper. Attach to original document Origilla] dO-':Wllcllh ;,,j],'liltl h..: h<lnd delivered 10 thl' Boan~ (!ilke. rhc completed routing slip and original documents arc to be forwarded to the Board Oflicc only lifter l\Jc iln.lld ha:. l<lk":'l ih:tion on thi.~ ikm ) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the ex tion of the Chainnan's si ature, draw a line thrau routin lines #1 throu #4, com Jete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Initials Date List in routin order 1. ~ at 2. f\ /O.30jO! PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners item.) Name of Primary Staff M~~I-\ Ue:v~"-; Phone N urn ber Contact 2.5;;1.-.;1.'1 ~:a.... Agenda Date Item was I 0 (;...~ j o~ Agenda Item Number e C Approved bv the BCC Type of Document ee::--s.C>~T1 Do-( 2to&- 3f~ Number of Original \ Attached Documents Attached 6. Minutes and Records Clerk of Court's Office Yes (Initial) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ N' in the Not Applicable column, whichever is TO nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions. etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware f our deadlines! The document was approved by the BCC on 10.2 0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attome's Office bas reviewed the chan es, if a licable. MD /Jj4. M.D MD ~D MD 2. 3. 4. 5. 6. 1: FormsJ County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 8e RESOLUTION NO. 2008 - ....ll.8 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING OUT FIFTEEN (15) APPROVED PLANNED UNIT DEVELOPMENTS: BRIGHTON GARDENS; CAY LAGOON; CHESHIRE ARMS APARTMENTS; CITRUS GARDENS; CRYSTAL LAKE; EMERALD LAKES; GREEN BOULEVARD; HUNTINGTON WOODS; KELLER ENTRY LEVEL; LEL Y BAREFOOT BEACH CONDOMINIUM; MARKER LAKE VILLAS; MOORINGS PARK; NAPLES JAYCEES CLUBHOUSE; RIVERBEND AND PARADISE POINTE RV RESORT, WHICH HAVE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS AND/OR HAVE BEEN FOUND BY COLLIER COUNTY TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS. WHEREAS, the following Planned Unit Developments have all been "built-out" pursuant to Section 1O.02.l3.F.l of the Collier County Land Development Code or have been found by County Staff and Division Administrators to be in full compliance with the requirements of 1O.02.13.F: Brighton Gardens, Cay Lagoon, Cheshire Arms Apartments, Citrus Gardens, Crystal Lake, Emerald Lakes, Green Boulevard, Huntington Woods, Keller Entry Level, Lely Barefoot Beach Condominium, Marker Lake Villas. Moorings Park, Naples Jaycees Clubhouse, Riverbend and Paradise Pointe RV Resort; and WHEREAS, it is in the mutual interests of the herein named Planned Unit Developments and Collier County to close out the Planned Unit Developments so that annual reporting obligations on behalf of the Planned Unit Developments and review of those reports by the County will become unnecessary upon approval of this Resolution; and WHEREAS, certain of the herein named Planned Unit Developments have explicitly complied with each and every developer commitment (Cheshire Arms Apartments, Crystal Lake, Emerald Lakes, Huntington Woods, Keller Entry Level, Lely Barefoot Beach Condominium, Marker Lake Villas, Paradise Point RV Resort) and the remaining Planned Unit Developments have been reviewed by the County for compliance with their original commitments after initial review noted potential incomplete commitments and have been found by County staff pursuant to IO.02.l3.F.5 to be determined to be no longer necessary and released by the Board of County Commissioners. Be NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following Planned Unit Developments within Collier County are found to be "built-out" and therefore are deemed "closed out" for purposes of the Land Development Code Section 10.02.13.F.: Brighton Gardens (Ord. 96-60), Cay Lagoon (Ord. 92-37), Cheshire Arms Apartments (Ord. 84-53), Citrus Gardens (Ord. 86-33 and 89-25 as amended), Crystal Lake (Ord. 84-73 Partial Rpl.; 0-1; 94-61 and 05-45 as amended), Emerald Lakes (Ord. 82-36; 82-89; 91-66; 91-92 and 91-99 as amended), Green Boulevard (Ord. 83-51 and 85-23 as amended), Huntington Woods (Ord. 82- 22 and 86-2 as amended), Keller Entry Level (Ord. 80-35), Lely Barefoot Beach Condominium (Ord. 85-22 and 87-52 as amended), Marker Lake Villas (Ord. 97-37), Moorings Park (Ord. 79- 19; 79-99; 80-31; 83-1 and 02-12 as amended), Naples Jaycees Clubhouse (Ord. 75-25), Riverbend (Ord. 81-28) and Paradise Pointe RV Resort (Ord. 89-1 and 95-53 as amended). THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this .2B-t'\dayof Ck"'TO?' ~ ,2008. ATTEST: / DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Attest as' tQ .0\4.,.... ,fJe Signature on,. Approved as to form and legal sufficiency: It=- 7 cL Steven T. Williams Assistant County Attorney By: Ilem# ~~ Agenda I !~o(~ Date 0 o~ 1 , , D31~ t'/~(IO~ ~ Reed ~. r~ ..~~ 9A J ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered 10 the Board 0111ec The completed routing slip and original documents are to be forwarded to the Board Of1ice only after the Board has taken action on the item) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor information needed. Irlhe document is already complete with the exception of the Chaimlan's sil:mature, draw a line throue:h routing lines # I through #4, complete the checklist. and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. , ~. 4. 5. Sue Filson. Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (111C primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary eonlaet intormation is needed ill the event onc of (he addrcssecs above, including Sue Filson, need to contact staff tor additional or missing information. All original documents needing the Bee Chairman's signature arc to he delivcrcd to the Bee llffice only aller the Bee has actcd to approvc the item) Name of Primary Staff Kay Nell. CLA Phone Number Extension 8400 Contact Collier Countv Attornev's Office Agenda Date Item was October 28, 2008 Agenda Item Number 9A Approved bv the BCC Type of Document Resolution 1/t/:F/;--'(; rq N umber of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the Bec Chairman and Clerk to the Board and ossibl State OffiCials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si fnature and initials are re ulred, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a cel1ain time frame or the BCC's actions are nullified, Be aware of 'our deadlines! The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan cs, if a Iicable. Yes (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. / !\ , I \_/ N/A ~ , \e l7 I: Forms/ County Forms/ BCC Forms/ Original Dowments Routing Slip WWS Original 9.03.04, Revised 1.26.05, Rcvised 2.24.05 RESOLUTION NO. 2008-319 9A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT SHERWIN H. RITTER TO THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY. WHEREAS, Collier County Ordinance No. 96-6, created the Collier County Water and Wastewater Utilities Regulatory Ordinance and provides that the Authority shall be composed of five (5) members appointed by the Board of County Commissioners; and WHEREAS, Ordinance No. 96-6 provides that three (3) members of the Authority shall be technical members and two (2) members of the Authority shall be lay members; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Sherwin H. Ritter is hereby appointed under the Business Administration category to the Collier County Water and Wastewater Authority to fulfill the remainder of the vacant term, said term to expire on May 21, 2010. This Resolution adopted after motion, second and majority vote on this 28th day of October, 2008. ATTEST:,., :1", DWIG[iT E. BROCK;>"C1erk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Attest I' to 0ie.,1"IIait; s lQnature on,. / 1 By: ''r-rL__ TOM HENNING, Chairman App leg CfA- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office The completed routing slip and original documents are to be forwarded to the l30ard Office only after the Board has taken action on the itt:tn ) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the 98 excePtion of the Chairman's si2:nature, draw a line throuQ:h routin2lincs # I throu2:h #4, comoletc the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder oflhe original document pending Bee approva1. Normally the primary contact is the person who created/prepared the executive summary. Primary contact intonnation is needed in the event one of the addressees above, including Sue Filson, need to contact stall' for additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered lo the Bet. olfice only after the Bee has acted to approve the item.) Name of Primary Stall Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number 's Office Agenda [tern Number Extension 8400 9B Yes (Initial) N/A(Not A licable) Resolution Number of Original Documents Attached '1/ (lj N/A (\c ..y I l~ l: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2,24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been lully executed by all parties exccpttbe BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever IS a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC ollice within 24 hours of BCe: approval. Some documents are time sensitive and require forwarding to Tallahassee within a cCliain time frame or the BeC's actions arc nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a lieable. 2. 3. 4. 5. 6. RESOLUTION NO. 2008-320 ."98 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT LARRY N. MAGEL TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 2001-03, as amended, creating the Collier County Coastal Advisory Committee and provides that the Coastal Advisory Committee shall be composed of nine (9) members whose representation shall consist of three (3) members from the unincorporated area of Collier County, 3 members from the City of Marco Island, and 3 members from the City of Naples; and WHEREAS, there is currently a vacancy on this Committee for the City of Marco Island; and WHEREAS, the City of Marco Island has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Larry N. Magel, representing the City of Marco Island, meets the prerequisites for appointment and is hereby appointed to the Collier County Coastal Advisory Committee to fulfill the remainder of the vacant term, said term to expire on May 22, 2012. This Resolution adopted after motion, second and majority vote on this the 28th day of October, 2008. AlTEST:" DWIGHT E. B.ROt~, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA / 'I By: Attest lito CIlai,., st9l'4ture~1 ~ ' App ved as to form and leg su icy: I item # -3B- I .~ Jeffr Coun :~~~;'cta ~ Ij',~ t .'''~ tt'" o. , Rued !??-m CP:08-BCC-O 6 9C I~I~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dntes, and/or information needed. If the document is already complete with the execution of the Chairman's signature, draw a line throug:h rouUn!! lines # I throu!!h #4, comnJete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact b the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one orthe addressees above. including Sue Filson, need to contact statlli)r additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Kay Nell. CLA Collier Count Attorney's Ollice October 28, 2008 Phone Number Extension 8400 9C Yes (Initial) N/A(Not A \icable) Agenda Item Number Resolution Number of Original Documents Attached dJ N/A ~ I: Forms! County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 /~(2A 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed for legal sulliciency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. Tbis includes signature pages from ordinances, resolutions, etc. signed by the County Attorney' 5 Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Ofticials.) All handwritten strike-through and revisions have been initialed by tbe County Attorney's Office and all other arties exec t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne 10tiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uircd. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCe office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of 'our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 9C RESOLUTION NO. 2008-321 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT SUSAN TAKACS TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL. WHEREAS, Collier County Ordinance No. 80-80, as amended, creating the Emergency Medical Services Advisory Council, provides that the Council shall be composed of fourteen (14) members; and WHEREAS, there is currently a vacancy on this Council for the Physicians Regional Medical Center; and WHEREAS, the Physicians Regional Medical Center has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Susan Takacs, representing Physicians Regional Medical Center, is hereby appointed to the Emergency Medical Services Advisory Council to fulfill the remainder of the vacant term, said term to expire on August 31, 2009. This Resolution adopted after motion, second and majority vote on this the 28th day of October, 2008. ATTEST: " ..\., \.'- .' ,-J DWIGHT E,. BRbeK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:- attest., tc 01& I~, e uty Clerk 'lQnature" Oil,'"I. ",,' By: TOM HENNING, Apgroved as to form and leg I SIC' ncy: Item # C1 L_ .~senda t 0/28} 0 g \ ;"!ata ! O"t~ ,(/;fo~ ! Rec,d . I \ Deputy Clerk , ;-: ,....-.-.......-----.. CP:08-8CC ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~.~,l.&il TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO rr'~lJII THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board OlTicc. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception uflbe Chairman '5 signature, draw a line throUlzh routinll lines # ( throU2h #4, comnlete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routine: order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of tile original document pending Bee approval Normally the primary contact is the persoll who created/prepared the executive summary. Primary conlact int(Jrmation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to th\.': Bee office only after th\.': BCe has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier Countv Attomev's Office Agenda Date Item was October 28, 2008 Agenda Item Number 9D Approved bv the BCC Type of Document Resolution 2cd6 -3tV Number of Original I Attached Documents Attached L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages trom contracts, agreements, etc. that have been fully executed by all parties except the Bec Chairman and Clerk to the Board and ossihl' State Omelals.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exee t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final neaotiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are rc uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of Bec approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware or our deadlines I The document was approved by the BeC on (enter date) and all changes made during the meeting have heen ineorporated in the attached document. The Count Attorne lS Office has reviewed the chan es, if a Iicablc. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. {/( \._/' N/A @ I: Forms/ County Fomls/ Bee FonllS/ Original Documents Rouling Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 _9D RESOLUTION NO. 2008-322 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE CLAM BAY ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 2008-48, creating the Clam Bay Advisory Committee, provides that the Committee shall be composed of nine (9) members whose representation shall consist of two (2) representatives from Pelican Bay, two (2) representatives from Seagate and/or Naples Cay, one (1) representative from District 1; one (1) representative from District 3, and one (1) representative from District 5; and WHEREAS, there are currently vacancies on this Committee for all representative categories; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are hereby appointed to the Clam Bay Advisory Committee: NAME David A. Roellig Kathy B. Worley Tahlman Krumm, Jr. James A. Carroll Robert Rogers CATEGORY Technical Technical Pelican Bay Pelican Bay Seagate The terms of said members shall expire on December 31, 2009, unless extended by Resolution of the Board of County Commissioners. , 9D This Resolution adopted after motion, second and majority vote on this the 28th day of October, 2008. ATTEST:".\, . ,: . . OWI4HT E. BROeK, Clerk Of _s':.'. (~, .., BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA c' By: r . . Attest as'tol'C1JaiNil{' e s 19nature on r . By: TOMH Approved as to form and legal sufficiency: ~~"' ~, 1 . Date ItL"IO'l ) \8cd ~ Item # C)D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 'IE Print on pink paper. Attach to original document Onginal documents should be hand delivered to the Board Ortice. The completed routing slip ,md original documents are to be forwarded to the Board OHicc only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate tor additional signatures, dates, and/or information needed. If the document is already complete with the exccDtion of the Chaimlan's signature, draw a line thrOUp"h routinp lines # 1 throurrh #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (Ust in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval Normally the primary contact i:-l the per:-lon who created/prepared the executive summary. Primary comact information is needed in the event onc of the addressees ahove, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to he delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Kay Nell. CLA Phone Number Extension 8400 Contact Collier County Attornev's Office Agenda Date Item was October 28, 2008 Agenda Item Number 9E Approved bv the BCC Type of Document Resolution Vdi5-3~? N umber of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception ofrnost letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCe Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBeC approval oftbe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si :Jnature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours 01' Bee approval. Some documents are time sensitive and require fOr\\'arding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incur po rated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licablc. Ves (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. QSJ N/A (;1(; /r\) . r \LJI I: Forms/ County Forms! Bee Forms! Original Documents Routing Slip WWS OriginaI9.0J.04, Revised 1.26.05, Revised 2.24.05 ~>.. ~,"".,'_.,. ,_~, " ~~<*""'~'..,..',_""""~"""O '_c,-, .._..,'.......'"._.,.."'<=_~~."""O'~.'. .~_.,."_,_;.".,,.._,.~...,'_...'",< <,.,_,~~.___,,,~,~,"__'..__"__"_"'_'''" .", 'T'.' ... ',..,.--' RESOLUTION NO. 2008-323 9E A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT REID SCHERMER TO THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE. WHEREAS, Ordinance No. 93-76, as amended, which created the Collier County Development Services Advisory Committee, provides that the Committee shall consist of fifteen (15) members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Development Services Advisory Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Reid Schermer is hereby appointed under the Real Estate category to the Collier County Development Services Advisory Committee to fulfill the remainder of the vacant term, said term to expire on December 14, 2009. This Resolution adopted after motion, second and majority vote on this the 28th day of October, 2008. ~''',',:',''',,''.,'C . .. . . ...i.' '\ I>':::' .,4; , - ". ~ By: ., " AttIst I' ,to Chat~~,EJe u 'lgnatu!"~ &i\'f,t,;,Y)' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -{b " 1'f5rt-, By: TOM HENNING, Ch,'em," ATIEST: DWIGH1\E.'~R00Kf Clerk ~';' ~. ... App' oved as to form and leg I su i 'ency: Item# 3.L Agenda 10/2'1/6"1, Date Date JI!?/1Yb Rec'd 08-BCC -00486 , 9F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oft1cc. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate ti.Jf additional signatures, d<ltes. and/or information needed. If the document is already complete with the exccotion of the Chairman's signature, draw a line through routing lines #1 thrOlmh #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) I. 2. 3. 4. 5. Sue Filson. Executive Manager Board of County Commissioners 6. Minutes and Records Clerk ofCourt's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary conlact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressee." above. including Sue Filson, need 10 contact stafT for additional or missing information. All original documents needing the Bee Chairman"s signature arc to be delivered 10 the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number 's Omce Agenda Item Number Extension 8400 9F Yes (Initial) N/A(Not A licable) Resolution Number of Original Documents Attached (b N/A \~1 I: Forms/ County Forms! Bee Forms! Originill Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ~ ~ 31<r 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufticiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State OffiCials.) All handwritten strike-through and revisions have been iOltialed by the County Attorney's Office and all other arties exec t the BCe Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the tinal ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bec oftice within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullitied. Be aware of your deadlines' The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licablc. 2. 3. 4. 5. 6. 9F RESOLUTION NO. 2008-324 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT lAMES W. SIMMONS TO THE OCHOPEE FIRE DISTRICT ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 89-98 confirms the creation of the Ochopee Fire District Advisory Board and provides that the advisory broad shall be composed of five (5) members; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Ochopee Fire District Advisory Board has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that James W. Simmons is hereby appointed to the Ochopee Fire District Advisory Board to fulfill the remainder of the vacant term, said term to expire on December 31, 2009. This Resolution adopted after motion, second and majority vote on this the 28th day of October, 2008. AlTEST:' . , DWIGHT E. BRO!;K, Clerk .". ,~.' ~1."f BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - " -.{ By : 'f"lrL.-... TOM HENNING, Chairman Appr ved as to form and lega u I iency: Item# 3E- ~~~~da ~ Date II '"3 \ O~ Rec'd ~ ~ CP:08.BCC.OO 87 . 9G ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents ::.hollld be hand delivered to tht: Board Of1kc. The completed routing slip ,md original documents are to be forwarded to the Board Office only after the Board has taken action on the iklR) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception oCthe Chairman's silmature, draw a line through routing lines # 1 lhrou12.h #4, comnlcte the checklist, and 10rward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending 13CC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the evem one of the addressees above, including Sue Filsoll, need to contact staff tor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee oftlce only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Kay Nell, CLA Collier Count Attorney's Office October 28, 2008 Phone Number Extension 8400 9G Ves (Initial) N/A(Not A licable) Agenda Item Number Resolution Number of Original Documents Attached ~/ j' /l7 N/A .\S .,,~ (t!I I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05 ~?'2J) 1. INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Not Applicable column. whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Omce and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl' State Omcials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of Bce approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware ofvour deadlines! The document was approved by the Bce on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chao cs, if a Iicable. 2. 3. 4. 5. 6. 9G ~.,.~ RESOLUTION NO. 2008-325 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT NINON L. RYNERSON TO THE ENVIRONMENTAL ADVISORY COUNCIL. WHEREAS, Collier County Ordinance No. 06-63 provides for the appointment of nine (9) regular members and two (2) alternate members to the Environmental Advisory Council; and WHEREAS, there are currently vacancies on this Council; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ninon l. Rynerson is hereby appointed as a Non-Technical member to the Environmental Advisory Council to fulfill the remainder of a vacant term, said term to expire on April 13, 2012. This Resolution adopted after motion, second and majority vote on this the 28th day of October, 2008. ATTEST\:\Y, . [" ;<6 . . DWI6'r4T"E. BRO~; Clerk ''', " - ~ ..... . 'i. ...;' - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,,~ E3Y: . .. . Attest as' to 'C?ia'I ' slQllature on I , uty Clerk -{ By: 'PrL.-. TOM HENNING, hairman Approved as to form and legal sufficiency: llem# CjS \ i I 1 Agenda ",~e\o~ D3te ~ '\, Dote /1/'3 {O9., , [(ec'd I -Depull Clerk I 1..___ f 9K Good morning Commissioners, My name is Gene Mayberry and I am a resident ofOlde Cypress in which Vita Tuscana is an Empire Builders development. This is a chronology of events at the Vita Tuscana project ...................... On June 6, 2007 an early work authorization was issued to clear vegetation. As you may know this authorization is provided when there is substantial evidence that the developer is in a position to secure all permits within sixty days and it is a "fast track" process for rapidly expanding land developments. However, this was at a point in time when the housing market had collapsed and practically all developers were closing shop. This EW A was not warranted and it was a poor judgment decision. Nonetheless, The EWA with all extensions expired on October 6,2007, and in accordance with Collier County land development code this site was required to be leveled & hydro seeded. However, Empire Builders was allowed to continue with excavation and fill on this site. Persistent calls to the Collier County staffin October requesting WHAT IS GOING ON ... finally resulted in a facade "Stop Work in November", I say facade since it was not enforeed and Empire continued unabated with there work activities. On December 16, 2007, we finally asked Commissioner Henning to please intervene. Commissioner Henning recognized something was broken and brought the county staff together with the Olde Cypress Community. Unfortunately, this meeting reaffirmed something is clearly broken with County Staff. County staff repeatedly stated they had errored but they were ill prepared for this meeting. 9K Therefore, Mr. Oehes committed to bring his staff back in two weeks. In our second meeting, County Staff and the developer repeatedly committed to well over one hundred Olde Cypress residents that if Empire Builders did not have their permits in March the developer and/or County would immediately grade off and hydro seed. County Staff has repeatedly "looked the other way well not actually 'm." there appears to be a conscientious decision on the part of staff to climb into bed with the developer. Specifically, after over a year of no bond monies, code violations with no fines, and the developer thumbing his nose at stop work notifications, the following e-mail was sent by County Staff ... and I quote "CDES and transportation are working an agreement to assist this developer" and "if the board approves, the permits will be issued", and the staff concludes "the violations will be abated". This is not a servant of the public; this is a servant of a private developer. What this community employee would enable is another eighteen months of distress. These are pictures of the site; this is a view from the residents' lanai and please notice in the center, the erosion and blowing sand & dirt that comes onto our lanai's roofs and homes. It is pretty ugly. This picture is also from our lanais and it displays fill illegally brought onto the site. I do not believe anyone of you would tolerate this inexplicable condition .. Search Results ril~C:: 1 Ul 1 9K I ()1: ""11"::-- ""=O~T' "'i\T1Gi"J I I '")R.O~~RTY ~:1FO?"",~,TIO~.! I I Name:IIEMPIRE DEVELOPERS GROUP LLC I IParcel:llo0185880006 II Acre:II17.84 I I Address: 119351 CORKSCREW RD I I Loc:11482621 482621 TRS= NAPLES I I Address: II I ~121 48 26 E1/2 OF SE1/4 OF I I Address: II I Legal:IISW1/4.LESS R/W & OR 3579 PG I I Address: II ~13893 I Address:IIESTERO. FL 33928- IL_I:II I V'1LUcIE}(E'IPTlC"'I~:; fAX 1!'''O~1UTIO~1 I 7',u, y Tr::R"~S I ::'.\ y--- ~;\rr :>H-!'J I Market Value:II2,676.ooo County:1I892O.98 I Nov:1I28608.45 I Paid Dt : 1100/00/0000 I Taxable value:1I2.676.000 School 51:117455.34 I Dee: 1128908.46 I Recpt:1I0 Millage code:1I122 SchOOIIoc:II6863.94 I Jan: 1129204.46 I Mach:1I0 Homestd Ex:1I0 City Tax:llo.oo I I Feb:II29502.47 I Payml:llo.oo Agricllr Ex:llo Dependt:II1,849.65 I I Mar:1I29800.47 I Mor1:lIo Widow Ex:llo Water:II1.288.22 I Apr:lI.o I ST"J"US ,..,~O. Blind Ex: 110 Independ:II2,B45.93 I May:lI.o I Dlsabled:1I0 Voter Appr:IIS76.41 I 11.0 I Non Ad va:IIN I Veteran Ex:llo I Gross Tax:1129800.47 I Installment:IIN I Deferred: IIN I Wholly Ex:llo I APprlee:lI.o I Bankrupl:IIN I Civilian Ex:llo I Adver1lslng:1I5.61 I TDA:llo Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112-4997 2007 Tax Roll Inquiry System I CERllFICA IE INFORMA liON : ITax Year 1~lcert.1I IIAmount Due IIDate Issued 1lRept. Date IIRec II IlMaCh liSts IITOA IIAmounl Paid 12007 IEJ10280-08 1135551.69 1108122/2008 1100100/00 IEJCJl!::JEJlo.oo I IAmount due thru: 1I0el, 2008 IIComment: I . Certificates mtlst be paid with I:ash, cashiers check or m')lley order. New Search J _ Back To List J , _,,'0, '":' ,"\__, I'. ... .. -\"', .L ,i"' "j' : :~:, . -I ;~I'" -, " f i ~, i - ~"- - 1 I i Last Updated: 10/24/2008 5:00pm http://colliertax.com/search/view.php'?ID=3818&page= 1 &tc= I &tax year=2007 10/27/2008 Search Results I.-agl; 1 UL 1 9K G1.'-C-.:'-~"J '.' ;-i'.;";-" ''J'.,';Chi I I '~RQ~"',:nT~! ~"~;:'O'7"" '~.T~C'iN I Name:IIEMPIRE DEVELOPERS GROUP LLC I I Parcel:1I00186520006 II Acre: 117.91 I Address:II5660 STRAND CT I I Loc:I\482621 482621 TRS= NAPLES I Address:1I 1 ~121 46 26 W1/2 OF W112 OF I Address:1I I ~ISW1/4 OF SE1/4 LESS R/W LESS I Address: II I I Legal:1I0R 3579 PG 3893 I Address:IINAPLES. FL 34110-3343 I I Legal:1I I \J ;\U,;'::':/i;:::i'C:'" ':"JYIC" \;3 I r...\x;: ' -"J"'" !.\ ; ~Ohl I I ?:\y r-=F'........, I I . ,\',~,; '-~:;\ r:;- J ,'0 ;.. (; I Market Value:1I1.186.500 I County:1I3955.44 I I Nov:1I126B4.59 I Paid Dt : 1100/00/0000 I Taxable Valua:1I1.186.500 I School st:1I3305.59 I I Dee:1I12818.72 I Recpt: 110 I I Millage code:1I122 I Schoolloc:1I3043.37 I I Jan: 1112948.85 I Mach: 110 1 I Homestd Ex:1I0 City Tax:1I0.00 I I Feb:II13080.98 1 Paymt:1l0.00 1 I Agricllr Ex:llo Dependl:1I820.11 I Mar:1I13213.11 Mort:1I0 I I Widow Ex:llo Water:II571.18 I Apr:ll.o T'~'''TUS I.~~O. I I Blind Ex:llo Independ:1I1.261.B4 I May:U.O I Dlsabled:1I0 Voter Appr:1I255.58 I 11.0 Non Ad va:IIN I I Veteran Ex: 110 Gross Tax:1I13213.11 Installment: UN I I Wholly Ex:lIo I Appr lee: 11.0 Deferred:IIN I I Civilian Ex:llo I Advartlslng:1I5.61 Bankrupt:IIN I TDA:llo I Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112-4997 2007 Tax Roll Inquiry System I f'';ERTIFICATE INFORuA nON I ITax Year IIspllt IICalt.1I IlAmount Due IIDate Issued IIRept. Date IIRec II IIMach liSts IITDA IIAmount Paid 12007 ID10282-08 1115374.01 1105128/2008 1100100100 I~CJ Dlo.oo I IAmount due thru: 1I0ct. 2008 IIcomment: I > Celtificates must be pdid 'Nith cilsh, cashiers dwck or money order. New se~~ Back To List J ,--.-- ; .1 " - (~ , ,'" I "'-I '-:'j'1 Last Updated: 10/24/20085:00pm http://colliertax.comlsearchlview.php?lD=3823&page=1&tc=1 &tax year=2007 10/27/2008 Search Results rd.!:;~ J U.l 1 9K OF"\"::';; ii';':::C~:l'I~\Ti("\ I 7;-~O:''':P-~--'/ ,!r,.\r-8n......., \!O}~ I Name:IIEMPIRE DEVELOPERS GROUP LLC Iparcel:1l00188000005 II Acra:1I18.48 I Address:1I5660 STRAND CT I Loc:II482621 482621 TRS= NAPLES I Address: II I Legal:1I21 48 26 W1/2 OF SE1/4 OF 1 Address:i1 I Legal:IISW1/4 EXC. S. 100FT 18.49 AC I Address:i1 ~IOR 388 PG 691 I Address:IINAPLES, FL 34110-3343 ~I I ';l-lLUE/E:(r:.~'"~'nc" 15 TL\;, :i\ji=C'-" : :\''(~Oj.! I ?_~'f .....!'::':'..*".... I :'):.\ \r"ENT" ;j!;':O - '.- ~ t.-' ,j Market value:1I2.772.000 county:1I9241.02 I Nov:1I29634.77 I Paid Dt : 110010010000 Taxable Value:1I2,772.000 School st:II7722.79 I Dec:1I29943.46 Recpt:i10 Millage Code:1I122 Schoolloc:1I7110.18 I Jan:1I30252.16 Mach:llo Homestd Ex:1I0 City Tax:1I0.00 I Feb:1I30580.8S Paymt:1I0.00 Agricllr Ex:1I0 Depenctt:1I1.918.01 I Mar:1I30869.S5 MOr1:1I0 I Widow Ex:llo Watar:1I1,334.44 I APr:II.o :")"""'\TUS l"cO. I Blind Ex: 110 Independ:1I2.946.02 I May:II.0 Disabled: 110 Voter APpr:1I597.09 I 11.0 Non Ad Va: IIN 1 Vetaran Ex:1I0 Gross Tax:1130869,55 Installment:IIN I Deferred:IIN I 1 Wholly Ex:1I0 1 Appr lee:II.0 1 Civilian Ex:llo 1 AdvartlSing:i1S.61 Bankrupt: IIN 1 TDA:1I0 1 Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112-4997 2007 Tax Roll Inquiry System 1 CERTIFICATE INFOR-,~ATION : ITax Year IISpl1l IlCert. # IIAmount Due IIDate Issued IIRept. Data IIRec # IlMach liSts IITDA IIAmount Paid 12007 1010281-08 1136826.42 1108122/2008 1100100100 1I~:::::::J~I!:JDlo.oo 1 IAmount due thru: 1I0cl, 2008 IIcomment: 1 , CNtificates must be p;)id with ..:85h, cashiers r;heck or money ':'fd."r. I' New Search I Back To List 1 __.,_~~:......J 1::-\ ',"" "~I - I . - ~ . ", ' :i Last Updated: 10/24/2008 5:00pm http://colliertax.com/searchlview.php?ID=3819&page=1&tc=1 &tax year=2007 10/27/2008 s ~ 9K : '.i~- ~ -,,- n~, ......'~-~,p;ll!l.~, ?;;:~,l",":,~.j(;~--~_"~;,,,'1I','!""'" ""","I'If',,- .0::" '" JH"',"""'l'll"~w,..,", ."', Ptt'..~.,. ,,"'_'~.__'..,.. " ", _ ..~..... .. 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P r " , 0 OJ ,- 0 0 " -~ ' ~ ~ L ., " ". m 'I 0 0 ~ z -< ~ )> -0 ~~ ,")~LE:::AAO lOGANBQucEvARD <'~- .~~ . . ~ ~ " o G) 8 ~ ~ ~ 5 ~ m ~ g l , o,p ~B~ "p ;~~ ,,,,p !~~ o. ;:"'~ --6. - / NOT TO ,(AIX KENSINGTON HIGH STREET 110' V\I1DE FP&L EASEMENT , .L"tL "C _i_O_ , ~ ------:r-o----- ~ "'0 ,~-~---- " a 125' WIDE FP&L [A5[\,lENT > 170. WIDE FP&L EASEMENT N o z z G) ROAD 'J ~ :::::=- . . r:---. " ~ >- -Z > . hi 0 0 > a 0 Oc '0 ~ ~O g C > a ~ , ~ ~ )> -0 I I~r \ -~ ~-~ r /,-- -i . e , 9K DEPARTMENT OF ENGINEERING & ENVIRONMENTAL SERVICES 0-. <J;> j\ - ,.- '\1 . \/; \ ;. . i\ \ , . \,./ ,,-S ApplTcant EWA - Early Work Authorization Procedures ~~u~_~ Intake Team R- Processing! Distribution '--- -------; --".5 Environmental Review (PL3) Bond calculated as I part of review I ~_ .._~_J Inlake Team I ! issues resubmittal ,.<( No Letter i . /~ </:pproved '.~ // ./ Yes , --~-] Permit Issuance -~----- 60 or less Day Time Frame /~ /~velopme~ Yes ~H~ Orders '~ApprovedY/ ~/. yes No /" ,/' ',- / " <- / ExtensIon " ,,~e:>/ No Issue Letter revoking EWA and requiring grading, hydroseeding, and revegetation as appropriate ~- ,---~ Engineering Review (ER1) I Bond Collected as part of review 1_ .____.~ Posting to suspense File to i ensure completion .~--I EWA Complete I I '. --- _---.J , Yes <n;;:e:~ - comPle~es qUlremen " ~/ r Return-sond and '[' File EWA in records L_ r--- --- I Call BOnd and County completes grading. No!\-I hydroseeding, and I revegetation as I appropriate fWA Y2008.0V1 Effective Date: March 10, 2008 Page 4 of 19 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 originul document. Original documents should ht" h,lI1(i delivered to the Board Office The completed routing slip and original documents are to be fOlwarded to the Board Office only aftl'r Ihe Board has tuken action on the itelTl.) 10'B ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exceotiotl of the Chaimlan 's sil!nature, dmw a line throue:h routino lines #1 lhrout'.:h #4, conmlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. Ji ~' 4. Scott R. Teach, Deputy County Attomey County Attorney 4(3:1 IO/~08 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk ofCourt's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee :lpprovaL N01mally the primary contact is the person who created/prepared the executive summary. Primary contact infOlmation is needed in the event one of Ih" addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to bc delivered to the Bee office only alter the Bee has acted to approve the item) Name of Primary Staff Michael Greene Phone Number (239) 252-5849 Contact Agenda Date Item was 10/28/08 Agenda Item Number lOB Annroved by the BCC Type of Document Resolution, Memorandum of ^greem.:nt & Locally Number of Original 4 Attached Funded Agreement hetween Collier COLllllY and FDOT Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. Yes N/A(Not (In II 101) Aoolicable) 1. Original document has been signed/initialed for legal sufficiency_ (All documents to be signed by the SRT Chainnan, with the exception of most letters, mllst be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been i111tialed by the County Attorney's Office and N/A all other oarties except the Bee Chaimlan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the datc of Bee approval of the document or SRT the final negotIated contract date whichever is aODlicable. 4. "Sign here" tabs are placed on the appropriate pages indicating \vhcre the Chainnan's signature and SRT initials arc reQuired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A provided to Sue Filson in the BeC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! 6. The document was approved by the Bee on October 28. 2008 and all changes made durin~ the SRT N/A is not an meeting have been incorporated in the attached document. The County Attorney's Office has option for line reviewed the chan2es, if aPDlicable. 6. INSTRUCTIONS & CHECKLIST I: Forms! County Forms.. Bee Forms;" Original Documents Routing Slip W\VS Original 9,03,04, Revised 126_05, Revised 2_24_0S <<matter_nurnben>/<<doclImcnt_ numhen> MEMORANDUM Date: October 28, 2008 To: Michael Greene, Planning Manager Planning Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolutions, Memorandum of Agreement & Locally Funded Agreement between Collier County and FDOT Enclosed please find four (4) x 3) original of each document as referenced above, (Agenda Item #10B) approved by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure lOB .._._._---.;~~_..,,"_.'_.-~_._. "~,...,....._---,-~,-,---"._.- lOB RESOLUTION NO. 2008 - 326 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO EXECUTE, A LOCAL FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY AND A MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION, FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY, AND COLLIER COUNTY, BOTH PERTAINING TO A PROJECT FOR IMPROVEMENTS ON COUNTY ROAD 901 AT VANDERBILT DRIVE BRIDGE AND THE COCOHATCHEE RIVER BRIDGE. WHEREAS, the State of Florida Department of Transportation (FDOT) and Collier County, Florida ("Collier County") wish to enter into a Locally Funded Agreement ("LF A") to include bicycle/pedestrian improvements as part of FDOT's project involving the CR 901 at Vanderbilt Drive Bridge 030176 Cocohatchee River Bridge replacement identified as FOOT Project FM No. 408440 I 5201; and WHEREAS, FDOT as a condition of incorporating those improvements into its project is seeking the execution of the LF A, which includes a requirement that the County provide an advance deposit of the full estimated project cost in the amount of$I,761,811.00; and WHEREAS, as a further condition of the LFA, the County, FDOT, and the Florida Department of Financial Services, Division of Treasury ("Dept. of Financial Services"), are required to enter into a Memorandum of Agreement whereby the parties agree to deposit the advance deposit funds into an interest bearing escrow account opened by the Department of Financial Services, Bureau of Collateral Management for the purpose of preserving those funds for payment of the aforementioned improvements; and WHEREAS, the Collier County Board of County Commissioners finds that the LF A and Memorandum of Agreement are proper and that it is in the public interest to enter into those Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Locally Funded Agreement and Memorandum of Agreement. 2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT along with the Locally Funded Agreement and Memorandum of Agreement for execution by FDOT and the Florida Department of Financial Services, Division of Treasury. 3. This Resolution shall take effect immediately upon adoption. lOB THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 028+'" day of October, 2008. ATTEST: DWIGHT ~,,'BR.dCf(,~~rk ,De (_ . l Attest .i. to ChI. t S ll1natureOil'IJt. ,'.' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTl' FLORI A ..:it ~ Tom Henning, Chairman By: By: AI> roved as~z =gal sufficiency: colt R. Teach, Deputy County Attorney lOB MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this _' day of . 2008, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "Treasury" and Collier County, hereinafter referred to as the "Participant" . WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: Main Financial Project No.:408440 I 5201 County: Collier hereinafter referred to as the "Project". WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated , 2008, wherein FDOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: I. An initial deposit in the amount of ON ONE MILLION SEVEN HUNDRED SIXTY ONE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS (51,761,811.(10) will be made by the Participant into an interest bearing escrow account established by the Department for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset ofFDOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. lOB 350-020-300-i Page 2 of 2 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FDOT OOC-GAO for appropriate processing at the following address: Florida Department of Transportation OOC-GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 4. The FDOT's Comptroller or designee shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LF A. 6. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. 7. The Department of Financial Services further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER .....~ ~.:)O J~ ' A'l"I'J8I" " "' _~ Pwlta'(1. --....., .., c:::;..... ...... ,.....('..., 61= Attest,f,$ to. 01<<' signature .dtli~",1.' Board of County Commis Tom Henning, Chairman PARTICIPANT NAME & TITLE 3301 East Tamiami Trail PARTICIPANT ADDRESS Naples, FL 34112-4902 .c... Assist~nt County Attorney FEDERAL EMPLOYER I.D. NUMBER lOB FM # 408440 1 52 01 LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") and COLLIER COUNTY (hereinafter, "COUNTY") for CR 901 AT VANDERBILT DRIVE BRIDGE 030176 COCOHATCHEE RIVER WITNESSETH 1. WHEREAS, the COUNTY desires to have the DEPARTMENT include bicycle/pedestrian improvements on the CR 901 at Vanderbilt Drive Bridge 030176 Cocohatchee River bridge replacement (hereinafter, "PROJECT"); and 2. WHEREAS, the PROJECT is presently in the DEPARTMENT'S Five Year Work Program scheduled for fiscal year 2008/2009; and 3. WHEREAS. the DEPARTMENT is willing to include bicycle/pedestrian improvements in connection with the DEPARTMENT'S project identified as FM No. 408440 I 52 01 (hereinafter "FDOT PROJECT'). The COUNTY is willing to provide the required funds for the PROJECT in accordance with F .S. 339.12(3); and 4. WHEREAS, the COUNTY, by Resolution dated the day of .2008. a copy of which is attached hereto and made a part hereof, has authorized its Chairman of the Board of County Commissioners or designee to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: The COUNTY agrees that it will. at least 14 (fourteen) calendar days prior to the DEPARTMENT'S advertising the project for bid, furnish the Department an advance deposit in the amount of ONE MILLION SEVEN HUNDRED SIXTY ONE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS ($1,761,811.00) for full payment of the estimated project cost for Locally Funded project. The advanced deposit shall be the total estimated project cost plus allowances. The DEPARTMENT may utilize this deposit for payment of the costs of the project. This amount to be deposited by the COUNTY, in an interest bearing escrow account in the name of the Florida Department of Transportation with the Department of Financial Services, Division of Treasury and in accordance with the terms and conditions of the Memorandum of Agreement executed by the DEPARTMENT, the COUNTY and the Department of Financial Services and by this reference made a part of this Agreement as though fully set forth herein. All deposits shall be made to the Department of Financial Services, Revenue Processing and mailed to the Florida Department of Transportation for processing as follows: lOB Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399 Attention: LF A Section - MS 42B A copy shall be sent to: Karen Miracola, District One LF A /JP A Coordinator Florida Department of Transportation P.O. Box 1030 Fort Myers, Florida 33902-1030 1. Failure of the COUNTY to deposit said amount within the time frame specified above shall be grounds for tennination of this Agreement. 2. If the accepted bid amount plus allowance is in excess of the advance deposit amount, the COUNTY will provide an additional deposit within 21 (twenty-one) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is later, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notifY the COUNTY as soon as it becomes apparent the accepted bid amount plus allowances is in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notifY the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. If the COUNTY cannot provide the additional deposit within 14 (fourteen) days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The COUNTY understands the request and approval of the additional time could delay the project, and additional costs may be incurred due to a delay of the project. If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances. 3. Should project modifications or changes to bid items occur that increase the COUNTY's share of total project costs, the COUNTY will be notified by the DEPARTMENT accordingly. The COUNTY agrees to provide, without delay, in advance of the additional work being perfonned, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the project. The DEPARTMENT shall notifY the COUNTY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notifY the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation during the project and on final accounting as provided herein below. Funds due from the COUNTY during the project not paid within 40 (forty) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.). lOB 4. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the Contractor. The DEPARTMENT considers the project complete when the final payment has been made to the Contractor, not when the construction work is complete. All project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final closeout of the PROJECT. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY. If the final accounting is not performed within three hundred and sixty (360) days, the COUNTY is not relieved from its obligation to pay. 5. In the event the final accounting of total project costs is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F .S., on any invoice not paid within forty (40) calendar days until the invoice is paid. 6. The DEPARTMENT agrees to provide project schedule progress reports to the COUNTY in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its request, as to the status of work being done by the DEPARTMENT and of the details thereof. Either party to the Agreement may request and be granted a conference. 7. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. 8. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the CITY/COUNTY. 9. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. 10. Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10" I"e' II. All notices under this Agreement shall be directed to the following: TO DEPARTMENT: TO CITY: James Wooten, Project Manager Michael Greene, Planning Manager Florida Department of Transportation Collier County Transportation P.O. Box 1249, MS 1-29 2885 Horseshoe Drive South Bartow, FL 33831 Naples, FL 34104 12. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 13. To the extent provided by Section 768.28, Florida Statutes, the COUNTY shall indemnifY, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the COUNTY, its agents, or employees during the performance of this Agreement, except that neither the COUNTY, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees during the performance of this Agreement. The parties recognize and accept the funding restrictions set forth in Section 339. 135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (I) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339. 135(6)(a), Florida Statutes. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. lOB 14. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, and final costs are known by the DEPARTMENT. However, the COUNTY's obligation to maintain the FDOT PROJECT and PROJECT after completion by the DEPARTMENT shall survive the term of this Agreement. 15. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. lOB IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman of the Board of County Commission or its designee, as authorized by Resolution Number , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: ATT -0, .,... f-..l ." -<( ,', ",. . . ..\ ..; . .- CLER.Kp.o~It1,::F' . ~ev'~'~g Attest It" tOl~'~ , DATE S fgnatur. on 14 COLLIER COUNTY, FLORIDA Board of ommissioners Tom Henning PRINT NAME DATE COL~OUNry?ZG REVIEW: BY: !fIe. '-L 9/.M/LJ8 DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST EXECUTIVE SECRETARY (SEAL) BY: DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME DATE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: DATE lOB Only on the Agreement, I can explain the dates when you pick this up... but I would place a sticky/flag where they need to date it so they don't forget. The fully executed docs can come to either you and you can forward it to us, or you can have them send it to our dept. as long as in the long run we get it for the record.. Collier Clerk of Courts Attn: Board's Minutes & Records 3301 E. Tamiami Trail Naples, FL 34112 Better to ask than get it wrong... LOL Martha From: GreeneMichael [mailto:MichaeIGreene@colliergov.net] Sent: Wednesday, October 29, 2008 3:41 PM To: Martha S. Vergara Subject: RE: Resolution, Memorandum of Agreement and FDOT Agreement/ Agenda Item #10B from the 10/28/08 BCC Meeting Martha: t think then that we send all 4 to FDOT and have them send one back? Shall! date them with our BCC approval date or is it better to let FDOT date them when they sign? When I ask Karen Miracola at FDOT to return our one executed copy who should it go to? I guess [ have more questions than answers on this, sorry. Thanks for your help Mike From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, October 29, 2008 2: 18 PM To: GreeneMichael Subject: RE: Resolution, Memorandum of Agreement and FDOT Agreement/ Agenda Item #lOB from the 10/28/08 BCC Meeting Yes, but we need the fully executed original, I can send our copy with you and when fully executed you can return it to us. They are ready but I need you to put in a date lor the agreement and the resolution number which I have written down and placed a sticky on the document. Martha From: GreeneMichael [mailto:MichaeIGreene@colliergov.net] Sent: Wednesday, October 29, 2008 1:40 PM To: Martha S. Vergara Subject: RE: Resolution, Memorandum of Agreement and FDOT Agreement! Agenda Item #lOB from the 10/28/08 BCC Meeting Martha: FDOT has asked for three copies to be returned to them. I believe that leaves one for you to keep. Thanks ~ 0 B '1 Mike From: Martha 5. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, October 29, 2008 11:50 AM To: GreeneMichael Subject: Resolution, Memorandum of Agreement and FDOT Agreement! Agenda Item #lOB from the 10/28/08 Bee Meeting Hello Michael, I received the Resolution, Memorandum of Agreement and FDOT AgreemenU Agenda Item #10B from the 10/28/08 Bee Meeting. I will need it to be dated where ever required in the documents. Are you going to need all copies to go to FDOT? Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 , Florida Department of Transportation lOB CHARLIE CRIST GOVERNOR P.O. Box 1030 Fort Myers, FL 33902 STEPHANIE C. KOPELOUSOS SECRETARY November 18, 2008 Ms. Martha Vergara Deputy Clerk Minutes & Records Department 3301 E. Tamiami Trail Naples, FL 34112 Re: Executed LFA for bicycle/pedestrian improvements on CR 901 at Vanderbilt Drive bridge 030176 Cocohatchee River (FM# 408440 1 52 02) Dear Ms. Vergara: Enclosed is one (1) fully executed locally funded agreement for your file. Please forward deposit of$I,761,811.00 to Department's Comptroller office as noted on page 1. Memorandum of Agreement (MOA) has been sent to Tallahassee for execution by our Comptroller's Office and Department of Financial Services. One (1) Executed MOA's will be forwarded to County soon. !fyou have any questions, please feel free to contact me at (239) 461-4300. Sincerely, aren A. Miracola District LFA/JPA Coordinator Enclosure Cc: Michael Greene, Planning Manager James Wooten, Project Manager, MS 1-29 www.dotstate.fl.us lOB 02- FM # 408440 1 52.0{ LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") and COLLIER COUNTY (hereinafter, "COUNTY") for CR 901 AT VANDERBILT DRIVE BRIDGE 030176 COCOHATCHEE RIVER WITNESSETH I. WHEREAS, the COUNTY desires to have the DEPARTMENT include bicycle/pedestrian improvements on the CR 901 at Vanderbilt Drive Bridge 030176 Cocohatchee River bridge replacement (hereinafter, "PROJECT"); and 2. WHEREAS, the PROJECT is presently in the DEPARTMENT'S Five Year Work Program scheduled for fiscal year 2008/2009; and 3. WHEREAS, the DEPARTMENT is willing to include bicycle/pedestrian improvements in connection with the DEPARTMENT'S project identified as FM No. 408440 ] 52 01 (hereinafter "FDOT PROJECT"). The COUNTY is willing to provide the required funds for the PROJECT in accordance with F.S. 339. ]2(3); and 4. WHEREAS, the COUNTY, by Resolution dated the 1'1-.,"-- day of oi~, 2008, a copy of which is attached hereto and made a part hereof, has authorized its Chairman of the Board of County Commissioners or designee to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: The COUNTY agrees that it will, at least 14 (fourteen) calendar days prior to the DEPARTMENT'S advertising the project for bid, furnish the Department an advance deposit in the amount of ONE MILLION SEVEN HUNDRED SIXTY ONE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS ($1,761,811.00) for full payment of the estimated project cost for Locally Funded project. The advanced deposit shall be the total estimated project cost plus allowances. The DEPARTMENT may utilize this deposit for payment of the costs of the project. This amount to be deposited by the COUNTY, in an interest bearing escrow account in the name of the Florida Department of Transportation with the Department of Financial Services, Division of Treasury and in accordance with the terms and conditions of the Memorandum of Agreement executed by the DEPARTMENT, the COUNTY and the Department of Financial Services and by this reference made a part ofthis Agreement as though fully set forth herein. All deposits shall be made to the Department of Financia] Services, Revenue Processing and mailed to the Florida Department of Transportation for processing as follows: lOB Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399 Attention: LF A Section ~ MS 42B A copy shall be sent to: Karen Miracola, District One LF A /JP A Coordinator Florida Department of Transportation P.O. Box 1030 Fort Myers, Florida 33902-] 030 I. Failure of the COUNTY to deposit said amount within the time frame specified above shall be grounds for termination of this Agreement. 2. If the accepted bid amount plus allowance is in excess of the advance deposit amount, the COUNTY will provide an additional deposit within 21 (twenty-one) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is later, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the COUNTY as soon as it becomes apparent the accepted bid amount plus allowances is in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. If the COUNTY cannot provide the additional deposit within 14 (fourteen) days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The COUNTY understands the request and approval of the additional time could delay the project, and additional costs may be incurred due to a delay of the project. If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances. 3. Should project modifications or changes to bid items occur that increase the COUNTY's share of total project costs, the COUNTY will be notified by the DEPARTMENT accordingly. The COUNTY agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the project. The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation during the project and on final accounting as provided herein below. Funds due from the COUNTY during the project not paid within 40 (forty) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F .S.). lOB 4. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the Contractor. The DEPARTMENT considers the project complete when the final payment has been made to the Contractor, not when the construction work is complete. All project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final closeout of the PROJECT. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY. If the final accounting is not performed within three hundred and sixty (360) days, the COUNTY is not relieved from its obligation to pay. 5. In the event the final accounting of total project costs is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F .S., on any invoice not paid within forty (40) calendar days until the invoice is paid. 6. The DEPARTMENT agrees to provide project schedule progress reports to the COUNTY in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its request, as to the status of work being done by the DEPARTMENT and of the details thereof. Either party to the Agreement may request and be granted a conference. 7. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. 8. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the CITY/COUNTY. 9. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. 10. Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of F]orida. lOB 11. All notices under this Agreement shall be directed to the following: TO DEPARTMENT: TO CITY: James Wooten, Project Manager Michael Greene, Planning Manager Florida Department of Transportation Collier County Transportation P.O. Box 1249, MS 1-29 2885 Horseshoe Drive South Bartow, FL 33831 Naples, FL 34104 12. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder ofthis Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 13. To the extent provided by Section 768.28, Florida Statutes, the COUNTY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the COUNTY, its agents, or employees during the performance of this Agreement, except that neither the COUNTY, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees during the performance of this Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (I) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 14. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, and final costs are known by the DEPARTMENT. However, the COUNTY's obligation to maintain the FDOT PROJECT and PROJECT after completion by the DEPARTMENT shall survive the term ofthis Agreement. 15. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. lOB 108 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman of the Board of County Commission or its designee, as authorized by Resolution Number lro"{.. - O,~\o , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: 0<.\~",,<c 015., LU>{~~ COLLIER COUNTY, FLORIDA .) : A TTESt:;/:'o ...'. ~~S~ ~.~. L ...; 2Jf nA-nr/ OIlK.X . . I ap~ At "'I;S. to chald141l , DATE .t...turt Oflil .,. :.' Board Tom Henning PRINT NAME DATE BY: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST Jl~f11~J;r.yC~ BY~clJ2J- DISTRICT ONE SECRETARY OR DESIGNEE rJ::VlJJcJ:tfl( M.(.Clin~O<6~ ,(J- ~(l,-> !NT NA D TE PRINT NAME Il~ ATE FL:tT. OF TRANS. LEGAL REVIEW: BY: ~ Ginrr:i1ll""" , DATE lOB MEMORANDUM Date: December 9, 2008 To: Michael Greene, Planning Manager Planning Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Memorandum of Agreement between Collier County and FDOT Enclosed please find one (1) copy of as referenced above, (Agenda Item #IOB) approved by the Board of County Commissioners on Tuesday, October 28, 2008. Ms. Miracola is asking for a copy of the wire transfer information and or a copy of a check. Our department doesn't have that information. We only require the originals back for the Boards Records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure ~ Florida Department of Transportation 108 CHARLIE CRIST GOVERNOR P.O. Box 1030 Fort Myer, FL 33902 STEPHANIE c. KOPELOUSOS SECRETARY December 2, 2008 Ms. Martha Vergara Deputy Clerk Minutes & Records Department 3301 E. Tamiami Trail Naples, FL 34112 Re: Executed memorandum of agreement for bicycle/pedestrian improvement on CR 901 at Vanderbilt Drive bridge 030176 Cocohatchee River (FM# 40844015202) Dear Ms. Vergara: Enclosed is one (1) fully executed memorandum of agreement (MOA) for your record on above referenced project. Please provide me with a copy of wire transfer information or copy of check for my records. Feel free to contact me with any questions @ 239-461-4302. Sincerely, ~ aren A. Miracola District LF AlJP A Coordinator Enclosure Cc: Michael Greene, Planning Manager, w/copy James Wooten, Project Manager, w/copy www.dot.state.fl.us lOB MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this~~ day of No(.\e/Y\&i3/C, 2008, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "Treasury" and Collier County, hereinafter referred to as the "Participant" . WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: OZ- Main Financial Project No.:408440 1 52. County: Collier hereinafter referred to as the "Project". WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated /tJd<leIl2...&JL~ / 3, 2008, wherein FDOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of ON ONE MILLION SEVEN HUNDRED SIXTY ONE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS ($1,761,811.00) will be made by the Participant into an interest bearing escrow account established by the Department for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset ofFDOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. C:J c::> f0 C.JI ... .. l(Q)a >it 350-020-300-i Page 2 of2 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FDOT DOC-GAD for appropriate processing at the following address: Florida Department of Transportation DOC-GAD, LF A Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 4. The FDOT's Comptroller or designee shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defmed in the LF A. 6. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. The Department of Financial Services further agrees to provide periodic reports to ,."..;-~.\., ':;,,,.,, : ,c;. .-,.~ . ~G:~\3i ....(j~ i i~ ;.;.:d......', L C. __" Board of County Commissioners Tom Hennlnq, Chalrman PARTICIPANT NAME & TITLE 3301 East Tamiami Trail PARTICIPANT ADDRESS Naples, FL 34112-4902 59-hoao-56~ FEDERAL EMPLOYER LD. NUMBER ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0 F THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered 10 the Board ()fticc The completed routing slip and original documents arc to be forwarded to the Board Olliee only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sie:nature, draw a line through routine: lines # l through #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Otlice PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally thc primary contact is the pcrson who created/prepared the executive summary. Primary contact information is necded in thc event one of the addressees above, including Sue Filson, nced to contact statr ti:)r additional or missing information. All original documents needing the Bee Chairman's signature arc to be dc1ivcn:d to the Bee ofl1ce only after the Bee ha<; actcd to approve thc item.! Name of Primary Staff Alan Portis, Health Dep!. Phone Number 252-5332 Contact Agenda Date Item was 10/28/08 Agenda Item Number ~ /0 f- Annroved bv the BCC Type of Document Contract Number of Original 4 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST lnitial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final TIe otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! Yes (Initial AP N/A(Not A licable) 2. 3. 4. 5. 6. The document was approved by the Bee on 10/28/08 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. AP AP AP AP AP I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rcvised 1.26.05, Revised 2.24.05 MEMORANDUM Date: October 31, 2008 To: Alan Portis, Business Manager Health Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract between the Collier County Board of County Commissioners and the State of Florida for the Collier County Health Department Contract Year 2008-2009 Enclosed please find four (4) original contracts, as referenced above, (Agenda Item #10F), which was approved by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward to the appropriate parties for si!!nature and return a fully executed ori!!inal to the Minutes and Records Department where it will be kept for the Board's record. If you should have any questions, please call me at 252-7240. Thank you. Enclosures (4) lOP JOF CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2008-2009 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2008. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a syslem of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the suffiCiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are lrue and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2008, through September 30, 2009, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant 10 Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local "_",.,___.__1 IOF funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AlDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 7,143,215 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $ 1,445,300 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. ......._...~"_._--------~-,..~_._----~--, - "~____~_____-:J~~,.__...___._ IOF c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment" and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment" and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non-categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profile" report located on the Office of Planning, Evaluation & Data Analysis Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all county-purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall _m.__~__~_...,.__._ 10F be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.1., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to lhe program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of ".___"__~""'__'~_"""_.A._____..__._ 10F surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMS Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties, i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. 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 until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated April 2005, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The ,~<._-_....._"..~~--_.._-- IOF CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L 1 Contract Management Variance Report and the DE580L 1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L 1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. .- ._.<;,,~ ".-. lor p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2009 for the report period October 1, 2008 through December 31,2008; ii. June 1, 2009 for the report period October 1, 2008 through March 31,2009; iii. September 1, 2009 for the report period October 1, 2008 through June 30, 2009; and iv. December 1, 2009 for the report period October 1, 2008 through September 30, 2009. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County- owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an __:::1--____<_.. lor obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCEllANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2009, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Manaqers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: For the County: Joan M. Colfer, M.D.. M.P.H. Name Marla Olsviq Ramsev Name Director. Collier County Health Dept Title Public Services Administrator Title 3301 E. Tamiami Trail. Bldq. H 3301 E. Tamiami Trail, Bldq. H Naples. Florida 34112 Address Naples, Florida 34112 Address (239) 252-8201 Telephone (239) 252-8383 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. c. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof . .. .._1l________ lQiF In WITNESS THEREOF, the parties hereto have caused this 26 page agreement to be executed by their undersigned officials as duly authorized effective the 1st day of October, 2008. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY SIGNEDBy~k NAME: 'lO"M ttt:.~l'\iiYj TITLE:J~.(, (t --"a.irlV\/:lkl DATE:..Qdc.bp.v ~) <.h19, ATTESTED TO: 'O~I"II'T {;. 'S1.otJL-)CJ-6eJ1.. SIGNEDaY:~~ NAME: YY1c.rtha... Verj~ T1TLE:-M ~ DATE: Ocl:&r' =3/,2roK STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: Ana M. Viamonte Ros. M.D.. M.P.H. TITLE: State Suraeon General DATE: Th'P~ M.PH. TITLE: CHD Director/Administrator DATE:~~ l~ .Qoo8 ) Ap form & legal sufficIency Jeffre kow Coun All ney _ .CL___.__. 7. 8. 9. lor ATTACHMENT I COLLIER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Requirement 1. Sexually Transmitted Disease Program Requirements as specified In FAC 640-3, F.S. 381 and F.S. 384 and the CHD Guidebook. 2. Dental Health Monthly reporting on DH Form 1008'. 3. Special Supplemental Nutrition Program for Women, Infants and Children. Service documentation and monthly financial reports as specified in OHM 150-24' and all federal, state and county requirements detailed in program manuals and published procedures. 4. Healthy Start! Improved Pregnancy Outcome Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Periodic financial and programmatic reports as specified by the program office and in the CHD Guidebook, Internal Operating Policy FAMPLAN 14' 6. Immunization Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and lorms reporting adverse events following immunization and Immunization Module quarterly quality audits and duplicate data reports. Chronic Disease Program Requirements as specilied in the Healthy Communities, Healthy People Guidebook. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4' and DHP 50-21' HIV/AIDS Program Requirements as specified in F.S. 384.25 and 640-3.016 and 3.017 FAC. and the CHD Guidebook. Case reporting should be on Adult HIV/AJDS Confidential Case Report CDC Form 50.42A and Pediatric HIV/AIDS Confidential Case Report CDC Form 50.428. Socio- demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 10 lOF ATTACHMENT I (Conlinued) or Post-Test Counseling DH Form 1628C. These reports are to be sent to the Headquarters HIV/AIDS office within 5 days 01 the initial post-test counseling appointment or within 90 days 01 the missed posHest counseling appointment. 10. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (April 2007). 'or the subsequent replacement if adopted during the contract period. 11 = f- Z w :E J: U <( f- ~ f- Z w :E f- a:: <( a. w o J: f- ..J <( W J: >- f- Z ~ o u a:: !!:! ...J ...J o U Ul W U Z <( ..J <( al o Z ~ U. f- Ul ~ a:: f- f- Z w :E f- a:: <( a. w o J: f- ...J <( W J: >- f- Z ~ o u u. o w Ul ~ o w z z <( ...J a. ....: f- a:: <( a. '" ~ CO ~ 0 U)UO >.c:~ -,,0> 5U.o orno u " '" -0 '- C1J ",f- roo8 EIC :;::;uC"O cn_ro WolD '" CO ~ 0 '" 0 ..c'OCO? Ulc_ Q)::l~ cuu.._ entia " '" '0 ~ '" ",f- roO~ EIC :.:::uro V'J......ro WOlD c;; o f- '" CO? 0> o N CO N .... r-- CO? o:i N ~ CD "'- N 0> CD '" .... N o 0> 0> o .... o '" .... CD o CD CD 0> r-- CO? r-- ~ '" '" >- 1:)0> ",0 ~o EN 00 UCO? ~ ~ o '" - .0 '" E '" '" "- a. " '" .~(fJ " 0 0..;(; 198 '5. C'J '" U ~ ~ Q) ".0 ",B 0." (/)0 .. . ,_"~__,,,_,"'~,'''''~''__4=''''''',,~ ~ CO o - o CO? - 0> o '" " C '" c;; ID '" .!:;: '0 C W '0 C " U. t) " ~ f- o I U 0> o o N o CO? ~ '" ~.o &'5 E >-J!:i 1:)2- ~(/) c.8 o Ugs ~o BN C ~ ~ o '" '0.0 ~ 0 ~t5 00 ~ C '0 C C1l '" 1:) '" B ~ 0. e o "" C1l > o C '" ~ ~ o C o :e " ~ t) C 8 ~ '" C i!' '" '" 1:) '" '2 a.. 2 '6. '" U c;; '1'3 '" _.__.......5?........_9-_.~."_ CO? 0> 0> N N r-- 0> ~ 0> .... '00> Co "0 u.N >- - "0 eCO? '" ~ "'''' .~ .c E E o '" ua ~ '" B(/) -g.8 ~gs ",0 ",N a:: '" ~ " '" c.o '" 0 rn'U IDa CO? CO? '" ,.: .... "'- N CO? ~ o 0> ~ o ~ o N '" co N '" E ~ C '" " C '" c;; .0 '" C 13 C '" '" :S c;; " 0' '" t) " E .... '0 C '" CO? N '" E .~ - o c;; !i '" ..c f- 2 IOF N '" C '" > :5 c;; '" ..c .S!! is o E '0 C '" ....: '" '" '0 " .0 '" C "" '" ~ '" 0. o c;; " C C '" '" .c - - o '" 1:) '" B ~ 0. '" '" '" ..c - ..c - .~ '0 '" - C1l '1'3 o '" '" '" E '" E 0. ':; 0' '" - C '" " Q; 0. ~ co - o '" .!:;: t) 'Vi C o " '" ~ '" '" '" ~ ~ o '" ~ " - 'c ~ " - '" C ~ ~ '" 0. o C ui '" '" .;...: u o '5 - 0 '" '" 'Vi Q) C " o C " '" (lj 5; ..c ~ '" '" '0- C '" "t) - C t) 0 " C ;, E '" " ..c_ ~ ~ ,,= E 'c E '" ..c '" '" " '" 1il ~& .'" ~-g u. '" ~ N " ~ ~ .... '" "'B B'O '" E e ctl "Cti "E ~ .;? "m ATTACnMENTII. COLLIER COUNTY HEAL Tli DEPARTMENT Part 11. Sources ofCoidributionsto Cou...ty Health Dep'artment ,October I, 2008 to September 30, 2009 I. GENERALREYENlIE - STATE 015040 015040 015040 015040 015040 015040 015040 015040 015040 015040 015040 015040 015040 015040 0]5040 015040 015040 0]5040 015040 015040 015040 015040 015040 015040 015040 015040 015040 0]5040 0]5040 015040 015040 0]5040 0]5040 0]5040 0]5040 015050 ALG/CESSPOOL IDENTIFICATION AND ELlMINATJON ALG/CONTR TO OlDS.AJDS PATIENT CARE ALGICONTR TO CHDS-AIDS PRE V & SURV & FJELD STAFF ALG/CONTR TO CHDS-DENTAL PROGRAM ALG/CONTR TO CHOS-MIGRANT LABOR CAMP SANITATION ALG/CONTR. TO CHDS-IMMU:'>J[ZA TlON OUTREACH TEAMS ALG/CONTR, TO CHOS-INDOOR AIR ASSIST PROG ALG/CONTR. TO CIIOS.MCH HEALTH - FIELD STAFF COST ALG/CONTR. TO CHOS-SOVEREIGN IMML'NITY ALG/CONTRIBUTlON TO CHOS-PRIMARY CARE ALG/F AMIL Y PLANNING ALG/IPO HEALTHY START/IPO ALG/PRIMARY CARE ALG/SCHooL HEALTH/SUPPLEMENTAL CA TE. ESCAMBIA CHO SUPPORT posmON CLOSING THE GAP PROGRAM COMMUNITY TB PROGRAM DENTAL SPECIAL INITIATIVE PROJECTS DUVAL TEEN PREGNANCY PREVENTION ENHANCED DENTAL SERVICES FL CLPPP SCREENING & CASE MANAGEMENT FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL HEALTHY BEACHES MONITORING HEALTHY PEOPLE HEALTHY COMMUNITIES HIV/AIDS JAIL LINKAGE PROJECT INDIGENT DENTAL CARE - ESCAMBIA LA L1GA CONTRA EL CANCER MEDIVAN - BROWARD METRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV PENALVER CLINIC - MIAMI-DADE PRIMARY CARE SPECIAL DENTAL PROJECTS SPECIAL NEEDS SHELTER PROGRAM STATEWIDE DENTISTRY NETWORK _ ESCAMBIA STD GENERAL REVENUE ALG/CONTR TO CHDS GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE -STATE 015010 015010 0150/0 0150JQ 015010 015010 015010 015010 015010 ALG/CONTR TO CHDS-REBASING TOBACCO TF BASIC SCHOOL HEALTH - CMS TF BASIC SCHOOL HEALTH. TOBACCOTF CHD PROGRAM SUPPORT CHD SUPPORT EXPENSE HEALTHY PEOPLE HEAL THY COMMUt-.HIES CHRONIC DISEASE PREVENTION PROGRAM FL HEPATITIS & LIVER FAILURE PREVENTION/CONTROL FULL SERVICE SCHOOLS - TOBACCO TF SIa1eCHO TrusrFund (cash) o 96,000 92,344 65.664 90.296 26,589 o o o 26,267 46,658 o 336,519 o o o 115,567 63,438 o o o o 23,856 7,614 o o o o o o o 2,722,478 3,713,290 30,849 13,376 131,234 o o 5.373 33,000 178,572 109,%3 COUltty CUD Trusr Fund o o o o o o o Total CHD TrusrFund (l'.uh) o o 96.000 92,344 65,664 90.296 26,589 o o o o o o o o 26,267 46.658 o o 336,519 o o o o o 115,567 63.438 o o o o o 23,856 7,614 o o o o o o o o o o o o o o o o o o o 2,722,478 o 3,713,290 30,849 13,376 131,234 o o 5,373 33,000 178,572 109,963 Other Contribution o o o o o lOF Total " o 96.000 92.344 65,664 90,296 26,589 o o o 26.267 46,658 o o o o o o o o o o ;;36,519 o o o o o o o 115,567 63,438 o o o o o 23,856 7,614 " " o o o o o o o o o o o o o o o V22,478 o 3,713,290 30.849 13,376 131,234 o 5,373 33,000 178,571 109,963 A Tf ACHMENT II. COLLIER COIJNTY HEALTH DEPARTMENT PartU. SourcesofCoqtribu,jons to County Health Department October I. 2008 to September 30, 2009 2. NO" GENERAL REVENUE- STATE 015010 0]5010 015010 015010 015010 015010 015010 015018 015020 015020 015020 PACE EH PUBLIC SWIMMJ;\G POOL PROGRAM SCHOOL HEAL TH/$UPPLEMENTAL SUPPLEMENT AUCQMPREHEN$rVE SCHOOL HEALTH - TOB TI TOBACCO PREVENTION & CESSATION PROGRAM VARICELLA IMMUNIZATION REQUIREMENT TOBACCOTF YOUTH SCHOOL & AFTER SCHOOL PROGRAM Summer Foud Program ALG/CONTR. TO CHOS-BIOMEDICAL W ASTElDEP ADM TF ALG/CONTR. TO CHOS-SAFE DRINKING WATER PROiOEP ADIv FOOD AND WATERBORNE DISEASE PROGRAM ADM TFIDACS NON GENERAL REVENUE TOTAL 3. FEDERAL FUNDS - State 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 Q{)7000 007000 007000 AFR]CAN AMER]CAN TESTING INIT]ATIVE (AAT1) AIDS PREVENTION AIDS SURVEILLANCE B10TERR SURVEILLANCE & EPIDEM]OLOGY BIOTERRORISM PLAI'iNING & READINESS BIOTERRORISM HOSPITAL PREPAREDNESS CHILDHOOD LEAD POISONING PREVENTION COASTAL BEACH MONITORING PROGRAM FGTF/AIDS MORBIDITY FGTF/BREAST & CERVICAL CANCER-ADMIN/CASE MAN FGTF/FAMIL Y PLANNING TITLE X SPECIAL INITIATIVES FGTF/FAMILY PLANNING-TITLE X FGTF/IMMUN]ZATION ACTION PLAN FGTFIWIC ADMINISTRATION FLORIDA PANDEMIC INFLUENZA HEALTH PROGRAM FOR REFUGEES HEALTHY PEOPLE HEALTHY COMMUNITIES HIV INCIDENCE SURVEILLANCE IMMUNIZATION FIELD STAFF EXPENSE IMMUNIZATION SPECIAL PROJECT IMMUNIZATION SUPPLEMENTAL IMMUNIZATION WIC-L1NKAGES IMMUNIZATION-WIC LINKAGES MCH BGTF-GADSDEN SCHOOL CLINIC 'vICH BGTF.HEALTHY START IPO PHP LAB CAP - BIOLOGICAL AGENTS 2007-08 _ FOCUS C PHP LAB CAP - BIOLOGICAL AGENTS 2007-08 - FOCUS D PHP-CITIES RESPONSE INITlATIVE PHP-C1TIES RESPONSE INITIATIVE 2007-2008 RISK COMMUNICAT]ONS RYAN WHITE RYAN WHITE - EMERGING COMMUNITIES RYAN WHITE-AIDS DRUG ASSIST PROG-ADMIN RY AN WHITE-CONSORTIA StaieCHD Trust Fund (cash) o 46,853 14,214 97,282 o 9,950 670,666 214,182 o 109,828 82,803 35,000 o 20,404 o o 54,759 8],53] 40,206 1,412,788 15,090 85,069 20,639 o o 12,368 40,408 o o o o o o o o o 77,951 o CtlUnty CAD TrustFund o o o o o o o o o o o o Total CUD Trust Fund (..,,~h\ o o o o o o o o o o o 46,853 ]4,214 97,282 o 9,950 o o o 670,666 o o o o 214_182 o 109,828 82.803 35,000 o 20,404 o o o o o o o o o o o o o 54,759 81,531 40,206 1,412,788 15,090 85,069 20,639 o o 12,368 40,408 o o o o (J o o o o o o o 77,951 o Other Contribution o o o o o o o o o o o o o o o o o o o o o o o o o o o IOF Total o o o o o o o o o 46,853 14,214 97,282 o 9,950 o o o o o o o 670,666 o o o 214,182 o 109,828 82,803 35,000 o 20,404 o o 54,759 8U31 40,206 1,4]2,788 ]5,090 85,069 20,639 o o 12,368 40,408 o o o o o o o o o 77,95] o A lTACHMENT II. COLLIER COUNTY IlEALTH DEPARTMENT Part II. Sourte$ of C()otribufionsto CounlyHealth Department October}. 2008 to September 30,2009 3. FEDERAL FUNDS - State 007000 007000 007000 007000 007000 007000 007000 007000 007000 015009 015009 0]5075 015075 STD FEDERAL GRANT - CSPS STD PROGRAM - PHYSICIAN TRAINING CENTER STD PROGRAM lNFERTILlTY PREVENTION PROJECT or?) STD PROGRAM-I'IFERTIUTY PREVENTION PROJECT (lP?) SYPHILIS f:L!MINAT10N TITLE X HIV.'AIDS PROJECT TITLE X MALE PROJECT TUBERCULOSIS CONTROL - FEDERAL GRANT WIC BREASTFEEDING PEER COUNSELING MEDlPASS WAIVER-HLTHY STRT CLIENT SERVICES MEDIPASS WAIVER-SOBRA REFUGEE SCREENING STATE ENVIRONMENTAL FEES FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 00J020 001020 001020 001020 00]020 001020 001020 00]020 001020 001020 001020 001020 001092 00]092 001092 00]092 001092 001092 001092 001092 001170 001170 001170 010304 TANNING FACILITIES BODY PIERCING MIGRANT HOllSING PERMIT MOBILE HOME AND PARKS FOOD HYGIENE PERM]T BIOHAZARD WASTE PERM!T SWIMMING POOLS PRIVATE WATER CONSTR PERMIT PUBLIC WATER ANNUAL OPER PERMIT PUBLIC WATER CONSTR PERMIT NON-SDWA SYSTEM PERMIT SAFE DRINKING WATER NON SOW A LAB SAMPLE OSDS V AR]ANCE FEE ENVIRONMENTAL HEALTH FEES OSOS REPAIR PERMIT OSOS PERMIT FEE I & M ZONED OPERA T] NG PERM]T AEROB]C OPERATING PERMIT SEPTIC TANK SITE EVALUATION LAB FEE CHEMICAL ANAL YSIS NONPOTABLE WATER ANALYSIS WATER ANAL YSIS-POTABLE MQA INSPECTION FEE FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS _ STA TE 010304 09000] STAT]ONARY POLLUTANT STORAGE TANKS DRAW DOWN FROM PUBLIC HEALTH UN]T OTHER CASH CONTRIBLTlONS TOTAL StateCHD TrnstFund (cash) o o 2,812 2,812 o 210,528 93,84] 106,688 39,552 o o 377,000 o 3,136,259 5,000 o 34,000 ]7,000 20,500 19,500 250,000 o 6,000 o o o o o 147,300 o o o o o o o o 9,200 508,500 o 90,245 90,245 County enD TiustFund o TotalCHD TruslFund (r,,~hi o o o o o o o o 2,812 2,8]2 210,528 93,84] 106,688 39.552 o o 377,000 o o o 3,136,259 o o 5,000 o 34,000 17,000 20,500 19,500 250,000 o 6,000 o o o II o o o o o o o o o 147,300 II o o o o o o o o o o o 9,200 II o 508,500 II o 90,245 90,245 Othu Contribution o o o o o o o o o o o o o o o o o o o o o o o o o o o o II o o o lOF Total o o o o o 2,812 2,8]2 o 21O,528 93,841 106,688 39.552 o o o o o o o o 377,000 o o 3,]36,259 5,000 o 34,000 17,000 20,500 19,500 250,000 o 6,000 o o o o o 147,300 o o o o o o o 9,200 508,500 o 90,245 90,245 ATTACHMENT II. COLLIER COlJNTY HEALTH DEPARTMENT Part lI. Sourees ofContribu~ionsto~ountyHealthnepartment October I, 2008 to September 30t 2009 SI8fe'CHD Trost Fund (cash) County CHD Trust Fut\d TlltalCHD Trust Fund (,,"~hl Other Contribution 6. \1EDICAID - STA TE/COVNTY 001056 MEDICAID PHARMACY 206.501 294,229 500,730 0 001076 MEDICAID TB JO,31O 14,690 25,000 0 001078 MEDICAID ADMINISTRATION OF VACCINE 10,000 ]0,000 20,000 0 001079 MEDICAID CASE MANAGEME~T 20,000 20.000 40,000 0 001080 MEDICAID OTHER 0 0 0 0 00]081 MEDICAID CHILD HEALTH CHECK UP 0 0 0 0 001082 MEDICAID DENTAL 376,150 535,950 912.100 0 DOIOll3 MEDICAID FAMILY PLANNING 0 0 0 001087 MEDICAID STD 1,443 2,057 3,500 0 001089 MEDICAID AIDS 17,391 2079 42,170 0 001147 MEDICAID HMO RATE 0 0 0 00] 19! MEDlCAID MATERNITY 0 0 0 0 001192 MEDICAID COMPREHENS]VE CHILD 0 0 0 0 00]19] MEDICAID COMPREHENS]VE ADULT ],2]7 1,763 3,000 001194 MEDICAID LABORATORY 0 0 0 00]208 MEDlPASS $3,00 ADM. FEE 250 250 500 0 00]059 Medicaid Low Income Pool 0 0 0 0 MEDICAID TOTAL 643,28] <)()],717 ],547,000 7. ALLOCABLE REVENUE -STATE 018000 REFUNDS 0 0 0 0]7000 PRIOR YEAR WARRANT 0 0 0 038000 12 MONTH OLD W ARRA NT 0 0 0 ALLOCABLE REVENUE TOTAL 0 0 0 0 0 0 J,.t45,]00 1,445,]00 0 ],445,300 0 1445,300 1.445,300 0 1,445,300 2.000 1.000 0 2,000 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND _ STATE PHARMACY SERVICES LABORATORY SERVICES TB SERVICES IMMUNIZATION SERVICES STO SERVICES CONSTRUCTION/RENOV A TION WIC FOOD o o o o o o o ADAP DENTAL SERVICES OTHER (SPECIFY) OTHER (SPECIFY) o OTHER STATE CONTRIBUTIONS TOTAL o 9. DIRECT COUNTY CONTRIBUTIONS _ COUNTY 0080]0 0080]4 BCC Contribution from Health Care Tax BCC Contribution from General Fund DIRECT COUNTY CONTRIBUTION TOTAL Ill. FEES AUTHORIZED BY COU!\'TY ORDINANCE OR RESOLUTION _ COUNTY 001060 FEES FRM VITAL STATISTICS 160,140 160,140 0 187,640 ]87,640 0 0 0 0 996.696 '196,696 0 0 0 0 0 0 8,361,126 8,361,126 0 1,436.602 1,436,602 0 0 0 0 0 0 0 0 0 ]],142,204 ]1,142,204 o o o o o o o o 10FI Total 500,730 25,000 10,000 40,000 o o 912,100 o ],500 42,170 o o 3,000 o 500 o 1,547,000 o o o ATIA(:HMENT II. COLLIlj;R COUNTY HEALTH DEPARrMENT PI1i1I1~,Sour~es l)fContribittions to County Health Dep.artment October 1. 2008 to September-30, 2009 StaleCHD TrustFund (cash) 10. FEES AUTHORIZED BY COUNTY OROIJ\'ANCE OR RESOLUTION. COli:"lTY 001077 001077 0010')4 00]094 001114 0011)5 001117 001073 001077 RABIES VACCINE CHILD CAR SEAT PROG PERSONAL HEALTH FEES AIDS CO-PAYS LOCAL ORDINANCE FEES ADULT ENTER. PERMIT FEES J\'EW BIRTH CERT!FICATES DEATH CERTIFICATES VITAL STATS-ADM. FEE 50 CENTS 001077 FEES AUTHORIZED BY COUNTY TOTAL Co-Pay for the AIDS Care Program ] 1. OTHER CASH AND LOCAL CONTRIBUTIONS _ COUNTY 00]009 001029 001029 001054 001077 00)090 001190 005040 00504] 007010 0080]0 008020 008050 008060 010300 010301 OJ0405 010409 011000 011000 011000 011000 0]1000 011000 011000 011000 0]100] 01]007 012020 012021 028020 090002 011000 0]]000 011000 RETURNED CHECK ITEM TH]RD PARTY REIMBURSEMENT HEALTH MAINTENANCE ORGAN. (HMO) MEDICARE PART D RYA,N WHITE T]TLE H MEDICARE PART B o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o Hea]th Maintenance Organization ]NTEREST EARNED INTEREST EARNED-STATE INVESTMENT ACCOUNT U.S. GRANTS DIRECT Contribution from City Government Contribution from Health Care Tax nOllhru BeC School Board Contribution Special Project Contribution SALE OF GOODS AND SERVICES TO STATE AGENCIES EXP WITNESS FEE CONSUL TNT CHARGES SALE OF PHARMACEUTICALS SALE OF GOODS OUTSIDE STATE GOVERNMENT COUNTY COMMISSION - LIP FUND GRANT-DIRECT GRANT-DIRECT GRANT-DIRECT GRANT-DIRECT GRANT-DIRECT GRANT-DIRECT GRANT-DIRECT HEALTHY START COALITION CONTRIBUTIONS CASH DONAT]ONS PRIVATE FINES AND FORFEITURES RETURN CHECK CHARGE INSURANCE RECQVERJES-OTHER ORA W DO\VN FROM PUBLIC HEALTH UNIT GRANT DlRECT-QUANTU\.1 DENTAL GRANT DIRECT-HEALTH CARE DISTRICT PAHOKEE GRANT D]RECT-NOVA U;'\IIVERSITY CHD TRAIN]NG County CHD. Tm.t Fund o o o 204,532 o 661,800 o 66.000 210,000 4,000 o o o o o o o o o 1,]48,332 o 507,981 565,000 o ]2],703 o o 80,000 o o o o o o o 82,720 o 197,120 o o o o o o 418,738 380,609 o o o o 60,164 o o o TotalCHD Trust Fuild (<,..d.; 204,532 o 661.800 o 66,000 210,000 4,000 o 1,14K332 o 507,981 o 565,000 o 121,703 o o 80,000 o o 82,720 197,120 o o o o 418,738 380.609 o 60,164 o " Othu Contribntion o o o o o o o o o o o o o o o o o o o lor Total o o o o o o o o o o o 204,532 o 661,800 o 66,000 210,000 4,000 o 1,]48,332 o o o o o 507,981 565,000 o 12],703 o o o o o 80,000 o o o o o o o o o o o o o o 82,720 o 197,120 o o o o o 4]8,738 380,609 o o o o 60,164 o o A'ITACHMENT II. COLLIER CO\JNTY HEALTH DEPARTMENT Part II. Sour'c~s of Contributions toCOImt)t Health Depa,rtment October I, 2008 to September 30,2009 SlllteCHD Trust Fund (cash) County CHD Trust Fund TotalCHD Trust Fund (tJl~h\ II. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 011000 0]1000 011000 GRANT DIRECT-COUNTY HEALTH DEPARTME"'IT DIRECT SF:R DIRECT-ARROW GRA;\IT DIRECT-ARROW lor Other Contribution Total 0 0 0 0 0 0 0 0 0 2,414,035 2,414,035 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 12. ALLOCABLE REVENUE - COUNTY 018000 037000 038000 REFUNDS PRIOR YEAR WARRANT 12 MONTH OLD WARRANT 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 8.762,243 5,911,384 14,673,627 COUNTY ALLOCABLE REVENUE TOTAL 13. BUILDINGS - COUNTY ANNUAL RENTAL EQUIVALENT VALUE BUILDING MAINTENANCE INSURANCE UTILITIES - Telephone, Electric, Water & Sewer GROUNDS MAINTENANCE OTHER (SPECIFY) WIC Golden Gate Renl OTHER (SPECIFY) BUILDINGS TOTAL 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND _ COUNTY EQUIPMENT/VEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTIONS TOTAL GRAND TOTAL CHD PROGRAM o o 2,414,035 o o o o o o o o o o o o 525,048 525,048 74,342 74,342 0 236,800 236,800 195,149 195,149 48,000 48,000 0 0 ],079,339 1,079,339 23,500 23,500 19,700 19,700 0 0 0 0 0 0 43,200 43,200 12,264,743 26,938,370 o o o o o o ATTACHMENT II. COLLIER COUNTY HEALTH DI1PARTMENT Part lit Planned StJlrnng, Clients. Set1'ices, And IJ:xpenditiJ'resBy Program Service Area Within Each Level OrSenice October.I, 2008 to SeldemberJO, 2009 A. COMi\'lUNICABLE DISEASE CONTROL: VITAL STATISTICS (180) IMMUNIZATION (101) 5TD(102) A.I.D.5.(l03) T8 CONTROL SERVICES (104) COMM. DISEASE SURY. (106) HEPATITIS PREVENTION (l09) PUBLIC HEALTH PREP A1\'D RESP (116) COMMUNICABLE DISEASE SUBTOTAL B. PRIMARY CARE: CHRONIC DISEASE SERVICES (210) TOBACCO PREVENTION (212) HOME HEALTH (215) W.IC.(221) FAMIL Y PLANNING (22J) IMPROVED PREGNANCY OUTCOME (225) HEALTHY START PRENATAL {227) COMPREHENSIVE CHILD HEALTH (229) HEALTHY START lNFANT(2JI) SCHOOL HEALTH (234) COMPREHENSIVE ADULT HEALTH (237) DENTAL HEALTH (240) Hcalthy Start !nterconception Woman (232) PRIMARY CARE SUBTOTAL C. ENVIRONMENTAL HEALTH: Water and Onslte Sewage Programs COASTAL BEACH MONITORING (347) LIMITED USE PUBLIC WATER SYSTEMS (357) PUBLIC WATER SYSTEM (358) PRIVATE WATER SYSTEM (359) INDIVIDUAL SEW AGE DISP (36[) Group Total Facility Programs FOOD HYGIENE (348) BODY ART (349) GROUP CARE FACILITY (351) MIGRANT LABOR CAMP (352) HOUSING,PUBLlC BLDG SAFETY,SANITATION (353' MOBILE HOME AND PARKS SERVICES (354) SWIMMING POOLS/BATHING (360) BIOMEDICAL WASTE SERVICES (364) 2.44 3.59 8.03 8.73 !2.84 0.00 100,52 0.27 0,59 0.02 000 6.87 7,75 3,86 0,01 0,86 6,[4 0,00 0.25 5,83 0.88 FTE'!J (0.00) 288 17.43 9.09 20,06 10,45 6,14 3,98 6.85 76.88 2,56 2,37 0.00 34,79 1.55 5,60 18,02 23,599 943 348 o o 2,016 3,307 1.396 523 Clients Units Services 12,609 16,282 [,018 2,077 1.482 o 2,420 35.888 12[,235 400 o o 2,086 o [18.193 13,353 2,075 145 1,823 34,281 244 4,855 14,529 206,750 8,022 20,880 o 554 o 1,771 3,234 o 421,039 9,322 10,942 268 1,392 329 284 o 75 578 1,466 15,929 705 ,,, OUliIl1erly [xf)f'odilllre Pllln 39,723 ,1,608 13,164 339,259 133,447 476,656 167,376 135,764 60,567 [20,014 !,470,960 15,248 9,480 5,826 5,264 922 381 60,318 78,271 3,86[ 470,931 lOl,368 202,1l7 288,879 64,366 7,201 53,117 142,124 225,565 271,183 o 1,958,239 947 662 6,411 1],268 122 110 149,866 167,777 153 69,880 1,280 10,836 66,758 o 3,288 90,485 16,258 2nd Jrd {Whole dnlbr$ only) 37,877 45,491 112,039 1,272.159 462,648 114,791 250,594 41,784 48,288 135,492 184,359 2]6,892 o 1,602,672 5,416 9,711 o 68 134,164 149,359 68,978 1,256 16,604 69,168 o 1,5!l4 79,895 9,33[ 32,574 138,254 131.251 458,907 [45,858 107,785 189,37l I,5HI<)9 53,953 58,176 64,630 o 474,862 98,425 210,701 274,20] 50,8[4 23,565 o 70,306 59,115 143,909 180,134 290,859 ],905,828 14.222 12,143 1.046 o 150,035 [77,446 67,967 10.289 90.771 031 !29,208 13550 1,808,63] 321,728 106,91 ! 46[,695 80,157 202,967 402,875 404,297 ]95,1]4 o 1,514,3114,493,540 46,078 231,906 155.035 523,046 176,100 127,348 95,315 ]85,536 1,482,084 407,0<)1 57,426 [84,659 212,769 48,573 84,144 141,966 237,828 6,210 19,359 o o [21,457 147,026 52,563 o 16,744 o 71,688 o 5,301 126,639 13.863 ,th 37.J23 168,903 456,282 392,346 121,959 640,226 922,438 444,955 296,489 105.635 J17,712 104,790 270,[71 516,901 3,299,582 45,654 135,146 55,659 o 174,017 38,542 32,259 10,846 1,]68 III 383,588 427,972 69,493 2,535 4,107 [04,227 o 14,50] 155,956 51,248 Stllte o 522,040 149,346 1.176.397 150,0]4 192,]20 ]5,992 90,059 2,469,820 82,955 48,108 o 6,899 5,797 605.]57 564,750 115,349 6,126 102,794 327,727 621,648 o 2,487.510 41,635 o 171,934 213,636 189,895 50,366 194,/60 270,271 1,754 IOF Couiir, Grllnd Totlll 15],852 153,852 978,322 54],692 2,098,835 594,96tl 488,609 306,163 606,960 5.769.402 218,101 222,]25 o 1.815,532 327,525 712,268 1,026,445 195,506 209,093 505,669 732,024 1.016,762 o 6,981,050 32,259 67 52,481 1,168 178 555,522 641,608 159,388 2,536 54,473 298,387 14.504 426.217 53,002 1 0 J:' . ATTACHMENT II. COLLIER COUNTY HEALtH DEPARTMENT Part Hl. planned Staffing, Clients, Servlces,And Expenditures By Prog;ntDl ServiceArea ''''i,hiD EacbLevel Of Service October 1, 200Sto September 30, 200'- QUArlerlv EXj)f"lldllure PhlQ FTE's, Clien~ ht '9d J,d -Ith Grllnd (0,00) Units Services /Wboledollanon!yj State County Total C. ENVIRONMENTAL HEALTH: Facility Programs TANNING FACILITY SERVICES (369) 0.09 29 63 1,562 890 968 1,479 4,848 51 4.899 Group Total 17.92 2,907 20,290 260,347 247,706 ,17,086 288,277 406,915 706,501 I. 113,416 Groundwater Contamination STORAGE TANK CO/'"IPUANCE (355) 0,00 0 0 0 0 0 0 0 SUPER ACT SERVICE (356) 0,06 0 15 822 1,233 944 1,000 3,998 3,999 Group Total 0.06 0 25 '22 1,233 944 1,000 3,998 3,999 Community Hygiene RADIOLOGICAL HEALTH (372) 000 0 0 0 0 0 0 0 0 0 TOXIC SUBSTANCES (373) 0.00 0 0 0 0 0 0 0 OCCUPATIONAL HEALTH (J44) 020 192 4,027 2,155 6,261 2,225 14,669 14,669 CONSUMER PRODUCT SAFETY (345) 0,00 0 0 0 0 0 0 INJURY PREVENTION (346) ODD 0 0 l) 0 0 0 LEAD MONITORING SERVICES (350) 0,00 0 0 0 0 0 PUBLIC SEW AGE (362) 000 0 0 0 0 0 0 0 SOUD WASTE DISPOSAL (363) 0,00 0 0 0 0 0 0 0 SAN IT ARY NUISANCE (365) 0,00 0 0 0 0 l) 0 0 0 RABIES SURVEILLANCE/CONTROL SERVICES (366) 0,00 0 0 0 0 0 0 0 0 ARBOVIRUS SURVEILLANCE (367) 0.59 0 156 11,544 6,680 9.693 5,999 0 33,916 33,916 RODENT/ARTHROPOD CONTROL (368) 0.00 0 0 0 0 0 0 WATER POLLUTION (370) 000 0 0 0 0 0 0 0 AIR POLLUTION (371) 000 0 0 0 0 0 0 0 Group Total 0,79 0 44' 15,571 8,835 15,955 8,224 14,669 33,916 48,585 ENVIRONMENTAL HEALTH SUBTOTAL 26.52 6,114 31,705 444,517 407,!3J 511,431 444,527 853,554 954,054 1,807,608 D. SPECIAL CONTRACTS: SPECIAL CONTRACTS (599) 0,00 0 0 31,114 26,669 31,114 26,670 115,567 115,567 SPECIAL CONTRACTS SUBTOTAL 0.00 0 0 31,114 26,669 31,114 26,670 [15,567 [15,567 TOTAL CONTRACT 203,92 65,701 573,979 3.904,830 3,308,633 3,992,572 3,467,592 8,762,243 5,911,384 14,673,627 IOF ~. ATTACHMENT III COLLIER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for lhe purpose 01 obtaining federal grants, loans, contracts (except contracts 01 insurance or guaranty), property, discounts, or other lederal financial assistance to programs or activities receiving or beneliting Irom lederal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement il adopted during the contract period), if so requested by the department. The applicant assures that il will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from lederal financial assistance. 2. Section 504 01 the Rehabilitation Act 011973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis 01 sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federallinancial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from lederal financial assislance. 6. All regulations, guidelines and standards lawlully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees 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 01 the above statutes, regulations, guidelines, and standards. In the event 01 failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 21 IOF ATTACHMENT IV COLLIER COUNTY HEALTH DEPARTMENT FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description Location Owned Bv Collier County Health Department & Public Services Building H 3301 E. Tamiami Trail Building H, Naples Collier County Immokalee Satellite 419 North First Street Immokalee Collier County Golden Gate WIC Office 4945 Golden Gate Parkway Benderson Unit 102, Naples Development WIC Office (temporary during Renovations) 1217 Airport Road South Rothschild Naples Investments LLC 22 10 ~14 l- .~ ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BE SET ASIDE ANNUALLY FOR THE PROJECT. CONTRACT YEAR STATE COUNTY 2006-2007 $ $ $ 2007-2008 $ $ $ 2008-2009 $ $ $ 2009-2010 $ $ $ 2010-2011 $ $ $ PROJECT TOTAL $ 257,298 $ 171,532 $ TOTAL 428,830 Balance SPECIAL PROJECT CONSTRUCTION/RENOVATION PLAN PROJECT NAME: LOCATION/ ADDRESS: PROJECT TYPE: Renovation of C H 0 Offices Building H of the Collier County Government Complex SQUARE FOOTAGE: NEW BUILDING RENOVATION X NEW ADDITION o ROOFING PLANNING STUDY OTHER PROJECT SUMMARY: Describe scope of work in reasonable detail. The Collier County Health Department will be moving its Environmental Health Division from a satellite government complex to the main building (Building H) of the government complex located on Tamiami Trail during 2005-2006 when the space becomes available. Medical Records will be recarpeted and the main lobby will get a information Kiosk to be staffed by administration. Other operating programs will also be reconfigured during the time frame 2005-20010 including: School Health, Disaster Preparedness, Family Health, Epidemiology, Vital Stats, Pharmacy, and clinic areas of Communicable Disease. The Dental clinic will need to be expanded because of growth probably during the 2006-20010 time frame. Also it is anticipated that Information Systems, Finance & Accounting, Human Resources, and the Director's Office will be renovated in 2007-2010. ESTIMATED PROJECT INFORMATION: START DATE (initial expenditure of funds) : COMPLETION DATE: 10/1/2005 12/31/2010 DESIGN FEES: $ CONSTRUCTION COSTS: $ FURNITURE/EQUIPMENT $ TOTAL PROJECT COST: $ 1,350,000 COST PER SQ FOOT: $ #DIV/O! Special Capital Projects are new contruction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. 23 lOF ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN IDENTIFY THE AMOUNT OF CASH THAT IS ANTiCIPATED TO BE SET ASIDE ANNUALLY FOR THE PROJECT. CONTRACT YEAR STATE 2006-2007 $ $ 2007-2008 $ $ 2008-2009 $ $ 2009-2010 $ $ 2010-2011 $ $ PROJECT TOTAL $ 277,909 $ COUNTY 185,273 TOTAL $ $ $ $ $ $ 463,182 Balance SPECIAL PROJECT CONSTRUCTION/RENOVATION PLAN PROJECT NAME: LOCATION/ ADDRESS: PROJECT TYPE: WIC Renovation Building H of the Collier County Government Complex SQUARE FOOTAGE: NEW BUILDING RENOVATION X NEW ADDITION 2300 ROOFING PLANNING STUDY OTHER PROJECT SUMMARY: Describe scope of work in reasonable detai/. The Collier CHD WIC operations are in critical need of additional space in Bldg. H due to rapid growth in recent years. However, this growth cannot be accomodated within Bldg. H without extensive modifications to the currently occupied spaces. A long-term plan has been developed to accomodate future growth as well as alleviating the current lack of space. Given the large scope and lengthy time-frame to completion, this project will be divided into three distinct phases. PHASE I will entail the relocation of all WIC operations in Bldg. H to another county-owned building or commercially-own facility and all associated moving costs (network setup, telephones, furniture, etc.) along with the demolition of current WIC spaces in Bldg. H. Phase II will commence in FY 08 and will involve the actual construction of WIG spaces in Bldg. H. Phase III will start in FY 09 and will involve relocating WIC operations back to Bldg. H. ESTIMATED PROJECT INFORMATION: 5T ART DATE (initial expenditure of funds) : COMPLETION DATE: 10/1/2007 6/30/201 0 DESIGN FEES: CONSTRUCTION COSTS: FURNITURE/EQUIPMENT TOTAL PROJECT COST: $ $ $ $ $ 30,000 300,000 170,000 500,000 COST PER SQ FOOT: 130.4347826 Special Capital Projects are new contruction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. 24 lor ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT PRIMARY CARE "Primary Care" as conceptualized for the county health departments and for the use of categorical Primary Care funds (revenue object code 015040) is defined as: "Hea/th care services for the prevention or treatment of acute or chronic medical conditions or minor injuries of individuals which is provided in a clinic setting and may include family planning and maternity care." Indicate below the county health department programs that will be supported at least in part with categorical Primary Care funds this contract year: _x_ Comprehensive Child Health (229/29) _x_ Comprehensive Adult Health (237/37) Family Planning (223/23) x -- Maternal Health/IPO (225/25) Laboratory (242/42) _x_ Pharmacy (241/93) Other Medical Treatment Program (please identify) Describe the target population to be served with categorical Primary Care funds. Maternal and Child Health Primary Care funding is utilized to support clinical services for Pregnant Women. Often these women are diagnosed diabetics and or hypertensive/preeclamptic and require intensive interaction to assure accurate blood sugar readings, accurate administration of insulin or routine and regular monitoring of edema and blood pressure. Funding is also utilized to support regular well child visits as well as educating about the importance of routine preventive services such as nutrition, exercise and nutrition. Comprehensive Adult Health and Pharmacy - The target populations to be served with these funds are the pregnant women; clients exposed to or who have contracted reportable communicable diseases and emerging infections; persons needing treatment for HIV/AIDS, Sexually Transmitted Diseases, and Tuberculosis; persons requiring prophylactic treatment for exposure to communicable diseases such as rabies; persons entering the country as refugees who require physical exams to ensure they do not have any communicable diseases and that they are fully vaccinated against vaccine-preventable diseases; persons at risk for certain communicable diseases such as Hepatitis; low income persons with diabetes and epilepsy requiring assistance with medications and adults requiring vaccination against vaccine-preventable diseases. 25 lOF These funds provide the infrastructure to provide services to this population such as staff, medical records, fiscal support, medication acquisition, and necessary equipment and supplies when there are no other funding sources, Does the health department intend to contract with other providers for the delivery of primary health care services using categorical (015040) Primary Care funds? If so, please identify the provider(s), describe the services to be delivered, and list the anticipated contractual amount by provider. In addition, contract providers are required to provide data on patients served and the services provided so that the patients may be registered and the service data entered into HMS. 26 lOr ~COllier County Health . Department COLLIER COUNTY HEALTH DEPARTMENT Cari"I:___C"mmiwd,,11elpill!:, ,Dedicul,'d ro Ihe /f..I/1IIt.,,_\, (~(()l!1' CommUllirr INTEROFFICE MEMORANDUM DATE: November 19, 2008 TO: Martha Vergara, Deputy Clerk Minutes & Records Department FROM: Alan Portis Health Department Finance Director SUBJECT: Contract between the Collier County Board of County Commissioners and the State of Florida for the Collier County Health Department Contract Year 2008-2009 Enclosed please find one (1) original contract, as referenced above, (Agenda Item #10F), which was approved by the Board of County Commissioners on Tuesday, October 28, 2008. If you have any additional questions, please contact me at (239) 252-8206. ~ c/P~ ALAN L. PORTIS Finance & Accounting Director Collier County Health Department Enclosures (1) lOF CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2008-2009 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2008. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2008, through September 30, 2009, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01 (2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local lOF \ " ., ";1 funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AlDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services: family planning: nutrition; school health; supplemental food assistance for women, infants, and children: home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Par! II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 7,143,215 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $ 1,445,300 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. 2 lOF c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non-categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profile" report located on the Office of Planning, Evaluation & Data Analysis Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forlh in subparagraph b., below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all county-purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall 3 lOF~'I_ be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). II. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of 4 lOF surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parlies. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. 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 until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated April 2005, as amended, the terms of which are incorporated herein by reference. The CHD shall furlher adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The 5 IOf CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L 1 Contract Management Variance Report and the DE580L 1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L 1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. 6 10 F '" ,.ijL. p. The dates for the submission of quarterly reporls to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2009 for the report period October 1, 2008 through December 31, 2008; II. June 1, 2009 for the report period October 1, 2008 through March 31,2009; iii. September 1, 2009 for the report period October 1, 2008 through June 30, 2009; and iv. December 1, 2009 for the report period October 1 , 2008 through September 30, 2009. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County- owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either parly may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an 7 IOF obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other parly's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availabilitv of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2009, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Manaqers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: For the County: Joan M. Colfer. M.D.. M.P.H. Name Marla Olsviq Ramsev Name Director. Collier Countv Health Dept Title Public Services Administrator Title 3301 E. Tamiami Trail, Bldq. H 3301 E. Tamiami Trail. Bldq. H Naples, Florida 34112 Address Naples, Florida 34112 Address (239) 252-8201 Telephone (239) 252-8383 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. c. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. 8 lor In WITNESS THEREOF, the parties hereto have caused this 26 page agreement to be executed by their undersigned officials as duly authorized effective the 1st day of October, 2008. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY SIGNED JrJt--k~ NAME:..=rt)vn l:l-eV\Vl~ TITLE:_Bc( _ LiLalrrhtlYl DATE: Oe..tbbeA-- 60: 2llrl8" ATTESTED TO: 1)I/1(;,,,.r-E.SQOd.,,~ I.:" "';', Ap to form & legal sufficiency 1em A. zkow COll ty A t rney STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY:U. -t.') ~ NAMra M. Viamonte Ros. M.D., M.P.H. TITLE: State Surqeon General DATE: 1\ 10 J,,( SIGNE~_ ~:mc" NAME: oan . Colfer, M.D. M .H. ' TITLE: CHD Director/Administrator DATE: QJ-Ok-'l9A'4 ~()C) 8 9 lOr ATTACHMENT I COLLIER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Requirement 1. Sexually Transmitted Disease Program Requirements as specified in FAC 64D-3, F.S. 381 and F.S. 384 and the CHD Guidebook. 2. Dental Health Monthly reporting on DH Form 1008'. 3. Special Supplemental Nutrition Program for Women, Infants and Children. Service documentation and monthly financial reports as specified in DHM 150-24* and all federal, state and county requirements detailed in program manuals and published procedures. 4. Healthy Start! Improved Pregnancy Outcome Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Periodic financial and programmatic reports as specified by the program office and in the CHD Guidebook, Internal Operating Policy FAMPLAN 14* 6. Immunization Periodic reports as specified by the department regarding the surveillancelinvestigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization and Immunization Module quarterly quality audits and duplicate data reports. 7. Chronic Disease Program Requirements as specified in the Healthy Communities, Healthy People Guidebook. 8. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DHP 50-21* 9. HIV/AIDS Program Requirements as specified in F.S. 384.25 and 64D-3.016 and 3.017 FAC. and the CHD Guidebook. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form 50.42A and Pediatric HIV/AIDS Confidential Case Report CDC Form 50.428. Socio- demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 10 lOF -"''''.~., ; . . ~~Tl'...'. .,; ATTACHMENT I (Continued) or Post-Test Counseling DH Form 1628C. These reports are to be sent to the Headquarters HIV/AIDS office within 5 days of the initial posHest counseling appointment or within 90 days of the missed post-test counseling appointment. 10. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (April 2007). 'or the subsequent replacement if adopted during the contract period. 11 = I- Z W :;; :r: u <C I- ~ I- Z W :;; l- e:: <C a. w c :r: I- ..J <C w :r: >- I- Z ::> o u e:: w :J ..J o U m w u z <C ..J <C al C Z ::> u.. ?- m ::> e:: l- I- Z W :;; l- e:: <C a. w c :r: I- ..J <C w :r: >- I- Z ::> o u u.. o w m ::> c w z z <C ..J a. III ~ 00 ~ 0 (f)-og Z'CO:i c::Jo ::Ju.. o~- U '" 0 ::J '" -g.::cu roO~ EIC :;::;U~ '" - '" WoO) III 00 ~ 0 '" 2; .c'O", Cflc~ III ::J Ol -roll-O (j)t?o ::J '" -g.::rn rno25 EIC u~ Ot; _ m WoO) -= l- e:: <C a. rn ~ o I- "' '" Ol o N 00 N Ol o .,. o "' ~ .,. I'-- '" 00 N .,. CD ~ o CD CD "' N Ol CD "' .,. N o Ol 00 o 2; '" m o III U C '" rn 0) Ol C '0 C W '0 C ::J u.. Ol o o N o '" ~ III ro.o III E >- III ~15. U III ~Cfl C2 800 o ~o .2N C '" o Q; '0.0 '" 0 ~u 00 ~ '" ::J ~ I- o I U N '" Ol Ol N N I'-- Ol ~ cri .,. CD Ol I'-- ",. I'-- ~ '" III >- 1:50l ",0 -",0 cN 00 U'" ~ Q; .2.0 III E 3 III 15. U III .~(f) e.s 0..00 225 "o..N '" U Q; .~ .c ;rlB o.U CflO M '" '" "' r- .,. "' N '" o cri ~ o o N "' 00. N "' 'O0l Co ::Jo u..N ;>, . Uo C'" III ~ g'lll ._ .0 c E o III u15. ~ III .2Cfl '0 0 lll~ (:00 lllO ",0 lllN a: III Q; 1!.o '" 0 rot) 0)0 " ~ E ~ C III U C '" rn .0 Ol C '6 C III III oS rn ::J 0' III U) ::J E .,. '0 C '" ("') N '" E .~ - o '" B III .c I- Qi '0 z 10 F "'~~'l N '" C '" > oS ro III .c III :0 o E '0 C '" '" 1:5 III B ~ 0. III '" III oS oS .~ '0 III Cii '(3 o '" '" '" C III E 0. '::; 0' III a; Ol '0 ::J .0 Ol C ., '" ~ III 0. o ro ::J C C '" III oS - o C III U ~ III 0. "' 00 - o Ol C ~ 'Vi C o U III 2: III '" ~ Ol C .~ ~ III 0. o C ui '" III 0.+.-.: U o 5 t? ~ "in Q) C ::J o C U III ro > .c ~ '" III 'O~ C '" ::JU) - C U) 0 ::J C -"' E III 2 .c_ ; ~ ::J= .~ '5i C '" E U III "'Cii ~ 5- III Cfl-g u.. III ~ N ::J o ~ ~ III B .816 c C ro "m ::Jc ~ ::J "m 0.. E ~ o III ~ 3 "E ::J - '" III C '0 C '" '" 1:5 <Ll "e- o. C o ~ > o C III ~ ~ o C o n ::J ~ U) C o U '" III C ~ '" '" 1:5 <Ll B ~ 0.. l'l '5. '" U ro '(3 <Ll 0. Cfl A TT ACIIMENT II. COLLIER COUI\iTY HEAL TII DEPARTMENT Part lJ.SoQl'ees of Contributions to. County J-Iealth.Department O#otJt';i"1, 2008.toSeptlmlber 30, 2009 StateCHD Tru$tFUl'Id (cash) 1. GPfERALREVENUE-STATE 015040 015040 015040 015040 015040 0]';040 015010 015040 015040 015040 015040 015040 015040 015040 015040 0150..\0 015040 015040 015040 Ol504U 015040 015040 015040 015040 0]5040 0]5040 015040 0]5040 015040 015040 015040 015040 015040 015040 0]5040 0]5050 ,\LG/CESSPOOL IDEl\TIF1CATION A'-JD ELIMINATION AI.GiCONTR TO CHDS-AIDS PATIENT CARE ALG/CO;..JTR TO ('liDS-AIDS PREV & SURV & FIELD STAFf ALG!('ONTR TO UmS-DENTAl. PROGRAM AI.G/CONTR TO Cl-IDS-\l1(jRANT LABOR CA\-lP SANITATION ALGiCONTR. TO CHDS-IM\HJI\;17ATION OIHREACH TEAMS ALG/CONTR TO C1IDS-I"Jj)()OR AIR ,\SSIST PROG ALG/CONTR, TO Cl1DS-r--lCll ! IEALTll - FIELI) ST.-\FF COST ALGICONTR TO OlDS-SOVEREIGN 1\IJ\.H}NITY ALG/CONTRIBl'TION TO CHDS-I'RI\J..\RY CARl-: ALG/fA!vlILY PLAN'JINCi ALG/lPO HEALTHY START/Il'O AI,G/PRIMARY CARl, AI,0/SC1100L IlEAL Tll/SIJPPLEMENT!\L CATE - ESCAI'vlBJA CliO SCPPORT POSITiON CLOSING Tl!E (JAP PROGRAM COMMUNITY TB PROGRAM DENTAL SPITJAI, INITIATIVE PROJECTS DINAL TEE'J PREG:-.JANCY I)REVENT10N ENHANCED DENT AI. SERVICES FI~ CLI'I'I' SCREENING & CAS!' MAN,\Gf'MFNT FL I1EPATITIS & LIVER FAILURE PREVENTION/CONTROL !IEALTllY BEACHES t\10l\ITORING Hr:ALTHY PEOPLE HEAI.THY COMMl.lNlTlES HIV/AIDS JAIL LINKAGE PROJECI !;-..JDIGENT DENTAL CARl' -I::SCAMRL\ LA LlGA CONTRA EL (';\NCFR MEDIV AN - BROWARD tvlETRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV PENAL VER CLINIC - MIAMI-DADE PRIMARY CARE SPECIAL DENTAL PROJECTS SPECIAL NEEDS SHELTER PROGRAM STATEWIDE DENTISTRY NETWORK. ESCAMBIA STD GENERAL REVENllE ,\1 .G/CONTR TO CHDS 06.000 '12.144 (),'i_664 9{1.20(, 2(,_58') 26,267 46,65X o ~J6,5 )9 [) [) II 'i.~67 6-',438 23,856 HI4 2.722.478 GF.NE:RAL RF.VENlTE TOTAl. 3.711,290 2. NON GI<:NI<:RAt Ri:VENlJE ~ STATE 015010 015010 015010 015010 015010 015010 015010 015010 015010 -'0,849 ,\LG/CONTR TO CHDS-REBASING TOBACCO TF Hf\SIC SCHOOL HEALTH - eMS TF BASIC SCHOOL HEALTH - TOBACCO rF CflU PROGRAM SUPPORT CllD SUPPORT EXPENSE HEALTHY PEOPLE HEALTHY COMMUNITIES CflR():-.JIC DISE..\SE PREVENTION PROGRA\'1 FI HEPATITIS & LIVER FAILURI:, PRFVENTIONiCOr-.iTROL HiLl, SFRVICE SCHOOLS - TOR.ACCOTF 1~,376 I~ 1.234 53n JJ,OUO 17~U72 10').96-' C(lunty CHD Trust Fund o o o " o " " o o o " o o " o o " o TotalCfJl) Trust Fund (fl'i~hi ':16.000 92.344 65_664 ')(1.296 26_5iN , 26.267 o 46,658 (I (I -'-'6_519 o (I o " (I o o 115_567 6_'.438 " o o o 2_'.856 o " " " " " o o o 2.722.478 o 3.713.290 o 30,849 13,376 131,234 (I () 5.373 o o o " " o " " .nooo 171U72 j(),)_96-, Otber Contribution " [) () , " o o [) o , 7_614 , o o o o o " o [) 1 OF "'I~ Tntal [) o o , 96.000 o 02.344 65,664 90.296 " , 2o.5lN o o " 26267 46.658 o 336.519 " " " " o () () () " o [) [) 1[5,567 63.4-'8 o " (I () o [) 23.856 , 7,614 " " o o o [) o " o " o o , " , o 1.7n478 [) o 3,71J,29() , () , o 30.849 1J,376 I3U34 () o " " 5373 [) o __u.ooo 178.572 109,963 A TT ACHMENT II. COLLIER COlINTY HEALTH DEPARTMENT Par1'n~s()urces'ofContributionsto-County .1Iealth.l).eparlment October 1.2008 to September 30, 2llO9 StiSteCHD Ttuil.Fiind (cash) 015010 2. ~ON GENERAl. REVI<:N\IJo: ~ STATE 015010 015010 015010 015010 015010 015010 0150[R 015020 015020 015020 PACE EH PlmUC SWIMJvllNG POOL PROGRAM SCHOOl, HEALTH!S\!PPLE~vlEVrAL SUPPLEJ\.IENTALlCO\IPREIIEI\SIVE SCHOOL HEALTH - TOFI TI TOBACCO PREVENTION & CESSA TIO)\; PROGRAM VARICELLA 1J\.'IMl:;-';!ZATIO'J RFJ)UIRF.\.IENT TOBACCO TI YOUTH 5('11001. & AFTER SellOOL PROGRAr-..l 46,853 14.214 97,282 Slllllmo::rFoodl)rogram ALGI('ONTR TO CHDS-B10tl.1EDICAL WASTE/DEI' ADM TF ALG/CO~TR TO CHDS"SAFE [)RINK[~G WATER PRO/DE? AD\' FOOD AND WATERBORNE DISEASE PROGRA1'v] /\D\1 TF/DACS 9,950 o o J\ON GENERAL REVENUE TOTAL 670,666 3. FEDERAL I-TNDS ~ State 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 O(}7000 007000 007000 007000 007000 007000 007000 007000 AFRICAN AMERICAN TESTI'JU l'JITlATlVE (AATI) AIDS PREVI:NTION AIDS SURVF]L].ANCE BIOTERR SURVE[LLAI'CE & EPIDF)l..lI0LOGY HIOTERRORIS\.1 PI,ANNING & READ]NESS BIOTERROR]SM HOSPITAL PREPAREDNESS CHILDHOOD LEAD POISONING PREVENTION COAST,\L BEACH MONITOR[NG PROORAl\l FGTF/AIDS t'vl0RB1D1TY FGTF/BREAST & CERV]CAL CANCER-ADMIN/C,\SE \.IAN FOTF/FAM]LY PLANN]NO TITLE X SPECIAL [NITlATIVES I'OTF1FAM]LY PLANN]I'O-TITLE X FGTF/IMMUNIZATlON ACT]ON PLAN FOTF/W[C ADM[N[STRATION I'LORIDA PANDEMIC [NFI.CENZA HEALTH PROGRAM FOR REFUGEES ] lEAL THY PEOPLE HEALTHY COM~UNlTIES HIV INCIDENCE SLJRVEILI.ANCr: ]M1\1UN[ZAT]ON F[ELD STAFF EXPENSE IM!\IUNIZATION SPECIAL PROJECT IMMUN[ZATION SUPPI.EMENTAI~ IMMUN[ZAT]ON W[e-LlNKAGES I\IMUN[ZATION-I)..']C LINKAGES MCH BGTF-GADSDEN SCHOOL CLINK. MCH BGTF-HEALTHY START ]PO PHP LAB CAP- BIOLOG[CAL AGENTS 2007~OR - FOCUS C PHP LAB CAP- B[OLOGICAL AGENTS 2007-08 - FO{'US D PHP-ClTlES RESPONSE INITIATIVE I'HP~C]T1ES RESPONSE INITIATIVE 2007-2008 RISK COMMUNICATIONS RYAN WHITE RYAN WHITE ~ EMERG[NG COMMUNITIES RYAN WHITE-A[DS DRLG ASSIST PROO-ADM[N RY/\N WHilE-CONSORTIA o 214,182 o 109,828 82.803 35,000 o 20,404 o o 54,759 RLS31 40,206 1.412,7RR 15.090 85,069 20,639 o o ]2,368 40,40R o o o (l o o 77.951 (;oujtty CHD TrlistF'tiifd o o o o o (l o o TotalCHD Truiltf'lirld (i'lI~h) o o o o 46,853 o 14,214 07.282 o o " 670,666 o o 214,182 o 1 ()9,R28 82,803 35,000 o o o o o 20,404 o o o o o 54,759 RLS31 W,206 1.412,788 15,090 85,060 o o o (l o o 20,639 " o o 12.368 40,408 o o o o o o o o o o o o o o o o o o o o o o o o 77,951 o O&er ContributlOli o o 9,950 o lOF111~ Ttll'.d o o o o o o o 46,853 14,214 07.282 o 9,950 o o o (l o (l o o o (l 670,666 " o 214.182 o o o o 109.828 R2.803 35.000 (l 20,404 o o o o o o o o 54,759 81,531 40,206 1,412,788 15.090 85.069 20.639 o o o o o ]2,368 40,408 o o " o o (l o o o o o o o o o 77,951 o ATTACHMENT II. COLLIER CO{INTY HEALTH DEPARTMENT Part II. 'Sources ofContriblltionsro Co:untyHealtbDepartm~nt October 1,2008 to SeptembeflO,ZOO9 SuiteCHD Tl1I8tF~nd (t:li.sb) 3. FE:DI<:RAL l'llNDS - State 007000 007000 007000 007000 007000 007000 007000 007000 007000 015009 015009 015075 0]5075 STD rFDERAL GRANT - ('SPS STll PROGR.'\M - Pff',{SIC1A:-.J TRAININCi CENTER STD PROUR,,\M INFFRTILlTY PREVEI'TJON PROJECT (lPp) STD PROGRAr-l-1NFERTILlTY PREVENTION I'ROJf':C'T (11'1') SYPHILIS EUMINADON TITLE X 1I1\'AIDS PROJI-TT TITLF X MA!.I: PROJECI TUBf'RClHDSIS CO\JTROL - FEDERAL GRAN'I 2)\11 1.812 o 110.528 9~,841 106,688 wle BRFAS1TEEDI\J(i PEEf{ COUNSELING :19,552 MEDlPASS WAIVER-HLTHY STRT CUENT SERVICLS MEOlPASS W/\IYER-SOIlRA REFUGEE SCRFEI\I\JG STATE ENVIRONr-..1ENTAL FEES 377.000 o FEDERAL F\:NDS TOTAL 3,136,259 4. FEES ASSESSED BY STATE OR FEDERAL RllU:S - STAn: 0010:::0 001020 001020 001020 001020 001020 001020 001020 001020 001020 001020 001020 001092 001092 001092 001092 001092 OOI()92 001092 001092 001170 001170 001]70 010304 rANNl'\JG FACILITIES BODY PIERCING MIURA;-JT HOUSI:-JG PERMIT MOAlLE HO\1E AND PARKS FOOD IIYGIENE PERMrI BIOHA/ARD WAST! PERIvIlT S\\'IJ\U,HNG POOLS I'RIV ATE WATER l'ONSTR PERMrJ PUBLIC WATER ANNUAL OPER PERMIT PUBLIC WATER CONSTR I'ERJ\.lI'I NON-SDWA SYSTEM PERMIT SArI: DRINKING WATER NON SDW A LAB SAMPLE OSDS VARI.,o,NCE FEE ENVIRONMENTAL HEAI.TH FEES OSDS REPAIR PER\1IT OSDS PERMIT FEE 1& \1 ZONED OPERATING PERMIT AEROBIC OPERATING PERMI'I SEPTIC TANK SITE EVALUATION LAB FEE CHEMICAL ANALYSIS NONPOTABI.E WATER ANALYSIS WATER ANALYSIS-POTABLE MQA INSPECTION FEE 5,OO() o 34,000 17,000 20.500 19.500 250,000 o 6,000 o o o o o 147,300 o o o o o o o o 9,200 FEES ASSESSED BY STATE OR J<'EDERAL RULES TOTAL 508,500 5. OTHER CASH CONTRlBllTlONS - STATE 010304 090001 STATIONARY POLLUTANT STORAGE TA\JKS DRA W DOWN FROM PUB1.lC HEALTH UNrI 90.245 OTHER CASH CONTRIB(l'I'IONS TOTAL 90,245 County CHD Trus-1Fimd o o o o o Total CRD Trust F.,nd (fll~h) o o o " " " 210.528 o " '13.841 106.688 " 3'>.5'i2 o 377.000 3,136259 " o ~4.0()() 17000 o o o o 20.'i00 19.500 250,000 o o o o " o o o o " 147.300 o o o " o " o o o " o 'UOO " " 508,500 o " 40.245 " " 90,245 Other Coniriblitton o HI2 V~ll (J o " " ~ooo (J 6,000 o o o o 1 0 F F~' Total " o o o o o o 2,811 2.812 o o " 210,528 9~,841 106,688 o o 39.552 " o (J (J 317.000 o o (J 3,136,259 , " 'i.000 o 34,000 17,000 20,500 o " " 19,500 o o o o o (J 250.000 o 6,000 o o o o o 147,300 " o " o o o o o o o o o o " o o o 9,200 " 508.500 " o 9U.245 o " 9Cl.245 lOF .."'t ,,~ IF.-f1i''' l-, ""r 1 A TT ACHMENT II. COLLIER COUNTY HEALTH DEPARTMENT Part U.' Source!! ofContributionstoCountyUealth Department October t.'~OO8.to S~pterobl:r'30~ 200' StaiflCHl> Tnist Fllrid (tllsk) COUllty CHD TmstFund TotalCHD Trost Fund (rll~hi Other ContributiOn Total 6. MEDICAID - STATE/COlJNTY OO!O56 MEDICAID I'HARrvlACY 206.501 204.129 500,730 OU]076 r".lEDICAID TB 10,310 14,6{J(j 25.000 001078 r-1EDICAID ADJ'vllNISTRATION OF \'ACCI"lF. 10,000 lO.OOO 20,000 001079 \.IEDI('AIO CASE ~lAN^GEMENT 20,000 20,000 40,000 001080 :vll.:DICAID OTHER " 0 " 0010~] !'v1EDICAIDCHIL.D HI',\LTH CHECK liP 0 " 0 001082 IvlEDJ('A1D DENTAL 376.150 535.950 912.100 001083 IvlEDICAID FAl\lIL Y I'LAN:-JIl\G " 0 0 001087 MEDIC AID STD 1.443 2,057 1,500 001089 MEDJ('AID AIDS 17,39] 24.779 42,170 001147 !vIED]CAID] IMO RATE 0 0 0 001191 MEDI[,AID l\lATERNITY 0 0 001192 MEDICAID CO\-lPREHENSIVE ['H]LD 0 0 00]193 MEDICAID CO:-"lPRFHENS]VE ADlJLl 1.237 ].763 3,000 00]194 t\lEDICAID LABORATORY " 0 0 001208 MED]Pi\SS noo ADM, FEE 250 250 500 00]059 \1edicaidLow Income 1'001 " 0 0 MEDICAID TOTAL 643,283 'XU,717 1.547,000 7. ALLOCAGLE RKVEI\TE . STATE 018000 REFUNDS 0 0 037000 PRIOR YEAR W ARRAt'n 0 0 038000 ]21'vl0NTH OLD WARRANT 0 0 0 AI.LOCAGU: REVENUE TOTAL 0 0 0 o 500,730 o 25.000 o 20,000 o 40,000 o 0 " 0 o 912,100 " 0 o 3,500 () 42,]70 o 0 o 0 o 0 o 3.000 o 0 o 500 " 0 1.547.000 o " o " o 8. OTHER STA'n: CONTRIBUTIONS NOT IN CliO TRliST FUND - STATE 008030 008034 BCC Contribution from Healtb ['are Tax 0 0 ]60.140 160,140 0 0 187,640 187.640 0 0 0 0 0 0 996,696 996,696 0 0 " 0 0 " 0 " 0 8361,126 8.36 LJ 26 0 0 0 1,436,602 1.436.602 0 0 " 0 " 0 0 " 0 0 0 0 0 0 " 0 0 ]],]42,204 11,]42,204 0 0 0 0 0 1.445.300 L445,300 0 1.445.300 0 1.445,300 L445.300 0 L445.300 " ViOl) 2.1100 lJlOO PHARl\lACY SERVICES Lf\BORATORY SERVICES TB SERVICES l1\fMUNIZA1'ION SERVICES STD SERVICES CONSTRUCT!ON/RENOV A T]ON W]e FOOD ADAP DENTAL SERVICES OTHER (SPI::C'IFY) OTHER (SPECIFY) OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT COllNTY CONTRlRliTIONS - COllNTY Bec Contribution from Genera] Fund DIRECT COUNTY CONTRIBFI'ION TOTAL 10. FEES AllTHORIZED BY COllNTY ORDINANCE OR Rf:SOU!TION - COlJNTY 001060 FEES FRM VITAL STATISTICS A TT ACHI\IENT II. COLLIER COUNTY HEALTH DEPARTMENT PartJI. Soureesof Contributions to County Health. Departlllent October I,Z008.0 Septe:mbetJO,:2009 StateCHD Trust FlInd (ta:sb} 10. FEES AIITHORIZIW BY COIINTY ORDI~ANCE OR RESOLlJTlOl\ - COII~TY 001077 001077 001077 onIOn 001094 001094 (JOII]4 001115 OOIII? 001073 RABIES VACCINE (,ltlLD CAR SEAT PROG PERSONAL HEALTH FEES AIDS CO-PAYS LOCAL ORDII'ANCE H:ES ADULT ENTER. PER\1IT FEES I\EW BIRTH CERTIFICATES DEATH CERTlFlCATES VITAL STATS-A[)!\1 FEE 50 CENTS "''':ES AFnlORIZEO BY COUNTY TOTAL Co-Pay for the AIDS Care Program 11. OTHER CASH Al'\D LOCAL CONTRIBITIO:'<rIS - COI1NTY 001009 001029 001020 001054 OnIOn 001090 001190 005040 005041 007010 008010 008020 008050 OOS060 010300 010301 010405 010409 011000 011000 OIlOOO 011000 011000 011000 011000 011000 OllOOl 011007 012020 012021 028020 090002 011000 011000 (JlIOOO RETURNED CHECK ITEM THIRD PARTY REIMBLJRSEMENI HEALTH MAINTENA\JCF ORG,'\N. (Hr-.l0) \'lEDICARE PART D RYAN WHITE TITLE II \lEDICARE PART B IlealthMainlenanceOrganization INTEREST EARNED INTEREST EARNED-STATE INVESTMENT ACCOUNT L,S, GRANTS DIRECT Contribution h'om City Government ('ontrihutio[] Ii-om Health Care Tax not thru BCC School BoardCo[]tribution Special Project Contribution SALE OF GOODS AI\D SERVICES TO STAfF AGENCIES EXP WITNESS FEE CONSULTNT CHARGES SALE OF PHAR\1ACEL'TKALS SALE OF GOODS OUTSIDE STATE GOVERNMENT COUNTY CO\1MISSION liP fUND GRANT-DIRECT GRANT-DIRECT GRANT.DIRECT GRANT-DIRECT GRANT-DIRECT GRANT-DIRECT GRANT-DIRECT HEALTHY START COALITION CONTRIBUTIONS CASH DONATIONS PRIVATE FINES AND FORFEITURES RETIJRN CHECK ClIARGE INSURANCE RECOVERIES~OTHI::R DRAW DOWN FROM PUBLIC HrAUB UNll GRANT DIRECT-QUANTUM DENTAl, GRANT DIRECT-HEALTH CARE DISTRICT PAHOKEE GRANT DIRECl'.NOV,\ llr-.,IVERSITY nm TRAI'\J!Nli County CliO Trust FUnd o () o 200.12 () () 661,800 o o o 66.000 210.000 4,000 " () o o 1.148.332 () () o 507,981 o 565,OO() () () o () 121.703 o 80,000 o o o o o o () o o o o o o () o o o o 82.720 o 197,120 o o o o o " o o o o o o o o o o o o 418,738 380.609 o o o o 60,1h4 o o o o TOtal CHD Trust- Fuild {....;~M 20032 " 661.800 6f,.OOO 21OJlOO ,LOOO o 1,1,18,332 507.981 565,000 121.703 " o SO,OOO o " o o 82.720 197,120 o () o 418,738 380.609 o 60,164 () Other Contribution () o o o o () o o o o o o o o " o () 10 F '~Irr~ TO-tal " o o o 204,532 661JI00 () o 66,000 210,000 4.000 o " 1,148332 o o () o 507.981 o o o 565.{l00 " o o 121,703 () o " o o so,ooo " o o " o o o o o " 82.720 o 197,120 o o " o " o 418,738 380,609 " () o " " o o o o o o " o () , o o o o 60,164 o o o " o " , () lOF , ,~~;, ATTACHMENT II. COLLIER COVNTY HEALTH DEPARTMENT Part. 1I.Sourceso(Contribut~ons. to County Health Department October I. 2:00:8 fC) September 30, 2009 S~1eCHD TnutFund (cash) County CHD Tni,tFund TtitalCHO TrwtFuJtd .f"..d.) Other Ctint-ribntii)n Tlltal 11. OTHI<:R CASH AND LOCAL CONTRIBIITlONS - CGIINTY 011000 CiRA~T DIREU.COLWfV HEAl.TH DEPART\'IE:--JT DIRECT SER 0 0 0 0 011000 I)IRECT-ARRO\V 0 0 0 0 011000 GRANT DJRECr.ARROW 0 0 0 0 OTHER CASH AND LOCAL COl\TRIBUTIONS TOTAL 0 2,414.0_,5 2.414.035 0 2A14,035 12. ALLOCAHI,E R.:VENIIE ~ COll]\:TY 0]8000 REFlJNDS 0 0 0 0 037000 PRIOR YEM:' WAR-RAN') 0 0 0 0 0 038000 12l\lONTH OLD \VARIV\N'r 0 0 0 0 0 COt1NTV ALLOCABLE REVJ<::'IJIIE TOTAL 0 0 0 0 0 13. BtIILDlNGS - COliNTY ANl\UAL RENTAL EQUIVALENT VALLIE 0 0 0 525,()48 525.048 BUILDING r-.1AINTE"lANCE 0 0 0 74.342 74.342 INSURANCl 0 0 0 0 0 IITILlTIES - Te]epholH:, Eh:ctri~. Walt:r&Sewel " " " 2J6.800 236.800 GROUNDS ~lA]NTENANCE 0 0 0 195,149 ]95.149 OTHER (SPFC]FY) \VIC Golden Gate Rent " 0 0 48,000 48.000 OTHER (Spr.clFY) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 1.079.339 ],079.339 ,.. OTHER C01INTV CO~TRIBl 'TIONS NOT IN CHO TRLST FlINO - C011~TY EQU]PMENTIVEHICLE PURCH/\SES 0 0 () 23,500 23,500 VEH]CLE ]NSURANCE 0 0 0 19.700 19,700 VEH]CLE MAINTENANCE () 0 () " 0 OTHER CmlNTY CONTRIBLJTION (SPECIFY) 0 0 0 " 0 OTIIER COUNTY CONTRIBUTION (SPECIFY) 0 () 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 Il 43,200 43,200 GRAND TOTAL ClIO PROGRAM 8,762,243 5,911,]84 14.673,627 12.264.743 26.938,370 A. COMMUNICABLE DISEASE CONTROL: VITAL STATISTICS (180) IMMUl\'IZATlO~ (101) STD(102) A,IDS (103) 1'B CONTROL SERVICES (104) COMM, DISEASE SURV, (106) HEPATITlS PREVENTION (109) PUBLIC HEALTH PREP AND RESP (116) COMMUNICABLE DISEASE SUBTOTAL B. PRIMARY CARE: CHRONIC DISEASE SERVI['ES (210) TOBACCO PREVENTION (2 J2) HOME HEALTH (215) W.I.c. (221) FAMILY PLANNING (213) IMPROVED PREGNANCY OUTCOME (225) HEALTHY START PRENATA.L (227) COMPREHENSIVE CHILD HEALTH (229) HEALTHY START INFANT (231) SCHOOL HEALTH (234) COMPREHENSIVE ADULT HEALTlI (237) DENTAL lIEALTI! (240) Healthy Start InlerCOHception Woman (232) PRIMARY CARE SlJBTOT AL C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs COASTAL BEACH MON!TORING (347) LIMITED USE PUBLIC WATER SYSTEMS (357) PUBLIC WATER SYSTEM (358) PRIVATE WATER SYSTEM (359) INDIVIDUAL SEWAGE DlSP, (361) Group Total Facility Programs FOOD HYGIENE (348) BODY ART (349) GROUP CARE FACILITY (351) MIGRANT LABOR CAMP (352) HOUS1NG,PUBLlC BLOG SAFETY, SANITATION (353' MOBILE HOME AND PARKS SERV!CES (354) SWIMMING POOLS/BATHING (360) BIOMEDICAL WASTE SERVICES (364) 76,88 000 ~4. 79 l.55 18.02 12.84 100.52 3.86 0.01 0.86 6.14 0.00 0,25 H3 0.88 2,83 12.609 17.43 9.09 16.282 20.06 10,45 6,]4 398 685 35.888 7..56 2.37 Setvices 1,018 2,077 U82 o 2,420 o 121.235 400 () 13,35.' 118,193 5.60 2.44 3.59 1:;.03 8.13 000 2,075 3.8lil 145 7.201 1,823 34,281 244 U55 554 14.529 o 206,750 1,771 8,022 >.234 20,880 n.599 421,039 0.27 0.59 002 000 Ii 87 7.75 2,016 3,307 1.396 943 348 o o 9,322 10,942 268 329 284 o 75 15,921) m 39.723 37,877 31.608 339,259 13,164 133,447 15.248 476,656 1(,7,376 9,480 5,826 5,264 135,764 60,567 120,014 1,470,960 922 381 60,318 78,271 o 2.086 470,931 101,368 202,117 288,879 64,366 53,117 142,124 225.565 271,183 o o 1.958,239 947 6,411 11.268 662 149,866 167,777 1,392 69.880 1,280 578 10,836 1,466 o 153 66,758 3,288 90,485 16,258 705 32.574 46,078 238,254 231.906 131.251 155,O:l5 458-907 523,046 145,858 176,100 107.785 127,.148 45.491 95.315 112.03') 189,371 1,272.159 1,544,1<)9 53,953 58.176 23,565 64.1;30 462,648 474J~62 70,306 98.425 114,791 210,701 250.594 274203 41,784 50.814 48,288 59,115 135.492 143.909 184,359 180,134 216,892 290.859 1,602.672 1,905,828 5,416 14.222 9,711 12,143 !,046 122 110 68 134,164 150.035 149,359 177,446 68,978 1,256 67,967 16.604 10,289 69,168 90,77.1 o 1,584 4,331 79.895 129,208 9,331 13,550 4th 37.323 0 168,'XI3 4%.282 121,959 392,346 640.226 922,438 105.635 444.955 117,712 296,489 104,790 270.[71 185,536 516,901 1.482,0843,299,582 45,654 135,146 55,659 174,017 o o 407,091 1,808,633 57A26 321,728 11;4.659 106,911 212,769 461,695 38,542 80,157 48,573 202,967 84.144 .102,875 141,966 404,297 237,828 395,114 o 1,514,311 4,493,540 6,210 32,259 19,3W 10,846 1.168 III () 121,457 383,588 147,026 427.972 52,563 69,493 o o 2,535 16,744 71,6R8 4.107 104,227 o o o 5,301 14,501 155.956 126.639 13J~63 51,248 153,852 522.040 149,346 1.I76.397 150,014 192.120 35,902 90,059 2,469.820 82,955 o 48.108 o 5,797 605.357 564,750 115,349 102,794 327,727 o 621,648 o 2,487.510 41,635 171,934 213,636 189,895 50,366 194,160 270,271 1,754 lOr 'l Grand Total 153,852 978,322 541,692 2,098.835 594,969 488,609 306,163 606,960 5.769,402 218,101 222,125 6,899 1,815,532 6,126 327,525 712,268 1,026,445 195,506 209,093 505,669 132,<)24 1.016,762 6,981,050 o 32,259 52,481 1,168 67 178 555,522 641,608 259.388 2,536 54,473 298,31\7 o [4,504 426,227 53,002 lOr g~" Gi-an'd Tillal C. ENVIRONMENTAL HEALTH: Facility Programs TA~NING FACILITY SERVICES (369) 0.09 19 63 1,562 89() %8 1.479 H48 51 4,899 Grollp Total 17.92 2,907 10,290 2(,0,347 247.70(, 317.086 288,277 406,915 706,501 1,113,416 Groundwater Contamination STORAGE TANK COMPLIANCE (355) 000 (I 0 " 0 0 SUPER ACT SERVICE (356) 0,06 (I " 822 1.231 9<14 1,000 3,998 3.999 GrOUIlTotal 0,06 I) " 822 1.233 944 1.000 3.998 3,999 Community Hygiene RADIOLOGICAL HEALTH (372) 000 0 , (I 0 (I 0 TOXIC SUBSTANCES (73) (l,OO 0 0 0 0 {I OCCUPA TlOt>:AL HEAL 1'1-1 (344) 0,20 (I 292 4,027 2,155 6.262 2,225 14.669 14,669 CONSUMER PRODUCT SAFETY (345) 000 0 0 (I (I 0 " INJURY PREVENTION (346) 0,00 0 (I 0 LEAD MONITORING SERVICES (350) (JOO 0 0 0 (I (I 0 PUBLIC SEWAGE (362) 000 I) " I) (I 0 " I) SOUD WASTE DISPOSAL (163) 000 0 0 SANITARY NUISANCE (365) 0,00 0 " IJ 0 0 0 RAB]ES SURVEILLANCElCONTROL SERVICES (366) 000 IJ 0 {I 0 0 ARROVIRUS SURVEILLANCE (367) 059 0 156 ]1,544 6.680 9,69:; 5,999 33,916 33,9]6 RODE)\''T/ARTI-lROPOD CONTROL (368) 000 0 0 0 0 0 0 0 0 WATER POLLUTION (370) 000 0 0 0 0 0 AIR POLLUTION (371) ODD 0 Il 0 0 0 0 Group Total 0.79 0 448 ]5,S7l 8,835 15,955 8,224 14,669 33.9]6 48,585 ENVIRONMENTAL HEALTH SL1BTOTAL 26.52 6,2]4 31,705 444,5]7 407.133 511,43] 444,527 853,554 954,054 1,807,608 D. SPECIAL CONTRACTS: SPECIAL CONTRACTS (599) 000 31,114 26,069 31,]14 26,670 1]5,567 0 115,567 SPECIAL CONTRACTS SUBTOTAL 000 Il 0 31.114 26,669 31,114 26,670 ]]5,567 0 ] ]5,567 TOTAL CONTRACT 203,92 65,701 573,979 3,904,830 3,308,633 3,992,572 3,467,592 8.762,243 5,911,384 ]4,673,627 10 F1"'f ATTACHMENT III COLLIER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees 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 applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 21 IOF'. ATTACHMENT IV COLLIER COUNTY HEALTH DEPARTMENT FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description Location Owned Bv Collier County Health Department & Public Services Building H 3301 E. Tamiami Trail Building H, Naples Collier County Immokalee Satellite 419 North First Street Immokalee Collier County Golden Gate WIC Office 4945 Golden Gate Parkway Benderson Unit 102, Naples Development WIC Office (temporary during Renovations) 1217 Airport Road South Rothschild Naples Investments LLC 22 lOF ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BE SET ASIDE ANNUALLY FOR THE PROJECT. CONTRACT YEAR STATE COUNTY 2006-2007 $ $ $ 2007-2008 $ $ $ 2008-2009 $ $ $ 2009-2010 $ $ $ 2010-2011 $ $ $ PROJECT TOTAL $ 257,298 $ 171,532 $ TOTAL 428.830 Balance SPECIAL PROJECT CONSTRUCTION/RENOVATION PLAN PROJECT NAME: LOCATION/ ADDRESS: PROJECT TYPE: Renovation of CHD Offices Building H of the Collier County Government Complex SOUARE FOOTAGE: NEW BUILDING RENOVATION X NEW ADDITION o ROOFING PLANNING STUDY OTHER PROJECT SUMMARY: Describe scope of work in reasonable detail. The Collier County Health Department will be moving its Environmental Health Division from a satellite government complex to the main building (Building H) of the government complex located on Tamiami Trail during 2005-2006 when the space becomes available. Medical Records will be recarpeted and the main lobby will get a information Kiosk to be staffed by administration. Other operating programs will also be reconfigured during the time frame 2005~20010 including: School Health, Disaster Preparedness, Family Health, Epidemiology, Vital Stats, Pharmacy, and clinic areas of Communicable Disease. The Dental clinic will need to be expanded because of growth probably during the 2006-20010 time frame. Also it is anticipated that Information Systems, Finance & Accounting, Human Resources, and the Director's Office will be renovated in 2007-2010. ESTIMATED PROJECT INFORMATION: START DATE (initial expenditure of funds): COMPLETION DATE: 10/1/2005 12/31/2010 DESIGN FEES: $ CONSTRUCTION COSTS: $ FURNITURE/EQUIPMENT $ TOTAL PROJECT COST: $ 1,350,000 COST PER SQ FOOT: $ #DIV/O! Special Capital Projects are new contruction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. 23 lOr ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BE SET ASIDE ANNUALLY FOR THE PROJECT. CONTRACT YEAR STATE COUNTY 2006-2007 $ $ $ 2007-2008 $ $ $ 2008-2009 $ $ $ 2009-2010 $ $ $ 2010-2011 $ $ $ PROJECT TOTAL $ 277,909 $ 185,273 $ TOTAL 463,182 Balance SPECIAL PROJECT CONSTRUCTIONIRENOVATlON PLAN PROJECT NAME: LOCATION/ ADDRESS: PROJECT TYPE: WIC Renovation Building H of the Collier County Government Complex SQUARE FOOTAGE: NEW BUILDING RENOVATION X NEW ADDITION 2300 ROOFING PLANNING STUDY OTHER PROJECT SUMMARY: Describe scope of work in reasonable detail. The Collier CHD WIC operations are in critical need of additionai space in Bldg. H due to rapid growth in recent years. However, this growth cannot be accomodated within Bldg. H without extensive modifications to the currently occupied spaces. A long-term plan has been developed to accornodate future growth as well as alleviating the current lack of space. Given the large scope and lengthy time-frame to completion, this project will be divided into three distinct phases. PHASE I will entail the relocation of all WIC operations in Bldg. H to another county-owned building or commercially~own facility and all associated moving costs (network setup, telephones, furniture, etc.) along with the demolition of current WIC spaces in Bldg. H. Phase II will commence in FY 08 and will involve the actual construction of WIC spaces in Bldg. H. Phase III will start in FY 09 and will involve relocating WIC operations back to Bldg. H. ESTIMATED PROJECT INFORMATION: ST ART DATE (initial expenditure of funds) : COMPLETION DATE: 10/1/2007 6/30/2010 COST PER SQ FOOT: $ $ $ $ $ 30,000 300,000 170,000 500.000 DESIGN FEES: CONSTRUCTION COSTS: FURNITURE/EQUIPMENT TOTAL PROJECT COST: 130.4347826 Special Capital Projects are new contruction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. 24 lOr ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT PRIMARY CARE "Primary Care" as conceptualized for the county health departments and for the use of categorical Primary Care funds (revenue object code 015040) is defined as: "Health care services for the prevention or treatment of acute or chronic medical conditions or minor injuries of individuals which is provided in a clinic setting and may include family planning and maternity care." Indicate below the county health department programs that will be supported at least in part with categorical Primary Care funds this contract year: x -- Comprehensive Child Health (229/29) x -- Comprehensive Adult Health (237/37) Family Planning (223/23) x -- Maternal Health/lPO (225/25) Laboratory (242/42) x -- Pharmacy (241/93) Other Medical Treatment Program (please identify) Describe the target population to be served with categorical Primary Care funds. Maternal and Child Health Primary Care funding is utilized to support clinical services for Pregnant Women. Often these women are diagnosed diabetics and Of hypertensive/preeclamptic and require intensive interaction to assure accurate blood sugar readings, accurate administration of insulin or routine and regular monitoring of edema and blood pressure. Funding is also utilized to support regular well child visits as well as educating about the importance of routine preventive services such as nutrition, exercise and nutrition. Comprehensive Adult Health and Pharmacy - The target populations to be served with these funds are the pregnant women; clients exposed to or who have contracted reportable communicable diseases and emerging infections; persons needing treatment for HIV /AIDS, Sexually Transmitted Diseases, and Tuberculosis; persons requiring prophylactic treatment for exposure to communicable diseases such as rabies; persons entering the country as refugees who require physical exams to ensure they do not have any communicable diseases and that they are tully vaccinated against vaccine-preventable diseases; persons at risk tor certain communicable diseases such as Hepatitis; low income persons with diabetes and epilepsy requiring assistance with medications and adults requiring vaccination against vaccine-preventable diseases, 25 lOr These funds provide the infrastructure to provide services to this population such as staff, medical records, fiscal support, medication acquisition, and necessary equipment and supplies when there are no other funding sources. Does the health department intend to contract with other providers for the delivery of primary health care services using categorical (015040) Primary Care funds? If so, please identify the provider(s), describe the services to be delivered, and list the anticipated contractual amount by provider. In addition, contract providers are required to provide data on patients served and the services provided so that the patients may be registered and the service data entered into HMS. 26 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 Ii THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exee tion of the Chairman's si nature, draw a line throu h rautin lines #1 throu h #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in routin order I. GlYl\;/li}k il 2. 3. 4, 5, Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office C .I J PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after the BeC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached . -\ , '2Jx> 'is - 3d1 I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awa e of your deadlines! The document was approved by the BCC on ~ (enter date) and all changes made during the meeting have been incorporat d i the attached document, The Coun Attorne's Office has reviewed the chan es, if applicable. 2, 3. 4, 5. 6. N/A(Not A licable ---- ~ ~ N/A is not an option for line 6. I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A 9 RESOLUTION NO. 08- 309 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN FIDDLER'S CREEK PARKWAY EXTENSION, PHASE THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 43, PAGES 12 THROUGH 14; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 27, 2004 approved the plat of Fiddler's Creek Parkway Extension, Phase Three for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering and Environmental Services Section of the Community Development Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Fiddler's Creek Parkway Extension, Phase Three, pursuant to the plat thereof recorded in Plat Book 43, pages 12 through 14, and the Clerk is hereby authorized to release the maintenance security. 16A 9 BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Fiddler's Creek Community Development District 2. This Resolution adopted after motion, second and majority vote favoring same, this ~ day of Ot,\cbd ,2008. DATE: ATTEST: ',_ DWIOHTE. BROCK,}:'LERK BOARD OF COUNTY COMMISSIONERS COLLTERr~' F ORIDA By: ___ l__- TOM HENNING, CHAIRM ;\'"Le~ as to Ch41~~' Clerk 5 ignature 0;1'1-111. .' Approved as to form and legal sufficiency: Lt 7 W'Jj Steven T. Williams Assistant Collier County Attorney f. ';;.;.; 1 ~ \ \-$4-D'6 ! I ;. .~'rc~.",,,,,,,,,,,,~.,"""-""'_'B'...~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 ~.. 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO fi 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only dter the Board has taken action on t.he item_) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exee tion of the Chairman's si nature, draw a line throu h routin lines #1 throu h #4, com Jete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office Initials Date List in routin order L lYIifllJ 10 0'1 Or 2, 3. 4. 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce approval. NonnaUy the primary contact is the person who created/prepared the executive summaI)'. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number '<.,.. - C' '::> 0 ..<:.".:t<i.::qt\ Agenda Item Number t tt. - / -'" 10 q. ~~>t, i.O I i t~ ./~\V Number of Original Documents Attached 1- Initial the Yes coIunm or mark "N/A" in the Not Applicable colunm, whichever is Yes N/A(Not aOOfooriate, !Initial) ADD Ii cable ) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from lD contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~ Office and all other Darties exceot the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBeC approval of the Jt document or the final negotiated contract date whichever is ann Ii cable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's .Jfr signature and initials are reauired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCe office within 24 hours ofBCe approval. 0f Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BeC on-'M ijl'l:IM! (enter date) and all changes f1f N/A is not made during the meeting have been incorporated in the attached document. The an option for Countv Attornev's Office has reviewed the chan~es, if aoolicahle. line 6. INSTRUCTIONS & CHECKLIST I: Formsl County Fonnsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 A 10 .~ RESOLUTION NO. 08- 31 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN FIDDLER'S CREEK PHASE FOUR, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 43, PAGES 55 THROUGH 61; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 13, 2004 approved the plat of Fiddler's Creek Phase Four, Unit One for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No, 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering and Environmental Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Fiddler's Creek Phase Four, Unit One, pursuant to the plat thereof recorded in Plat Book 43, pages 55 through 61, and the Clerk is hereby authorized to release the maintenance security, 16 A 10 BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Fiddler's Creek Community Development District. This Resolution adopted after motion, second and majority vote favoring same, this d~ VI day of OC-+o bt. , 2008. BOARD OF COUNTY COMMISSIONERS COLLIER C<JUNTY, F ORIDA ",4 ; j~ By: --~ ~~ I I ~ I Item # ~;~~da IW Dat~ lol?>ll~ Reed ~. l~e:~.~~~ MEMORANDUM Date: December 2, 2008 To: William E. Mountford Assistant County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Release: Sapphire Lakes Unit 3C Attached, please find two (2) original agreements referenced above (Agenda Item #16All), approved by the Board of County Commissioners on Tuesday, October 28, 2008. If you have any questions, please call me at 252-8406. Thank you. Attachments (2) 16Al1 :<!~~~gk()~~~~~Rf~iJfl~~~~~tJl>l..~.A.ll THKBOAIq>OF CQUNTY COMMISSIONERS O}fFICEFORSIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a linethrou routinlines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Initials Date (Listin wutin order) 4. JohnHouldsworth Community Development JH 11/26/08 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pendingBCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary conta~t information is needed in the event one of the addressees above, including Sue Filson, neeQto contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff John Houldsworth Contact Agenda Date Item was 10/28/08 A roved b theBCC Type of Document Attached 5. Sue Filson, Executive Manager Board of County COrmnlssioners 252-5757 16All 3 Yes (Initial) JH N/A (Not .A licable) 6. Minutes andRecords Clerk of Court's Office N/A JH JH N/A JH 7. William E. Mountford, ACA I: Forms! County FOrmslBCC FOrmslOrigilialDocuments Routing Slip WWS Original 9.03,04, Revised 1.2(j.05, Revised 2.24.05 Phone Number Agenda Item Number Settlement Agreement and Releases Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes. column or mark "N/ A",in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with. the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc.. signed by the County Attorney's. Office. and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board. - The Chairrnan'ssignature.line date has been entered as the date ofBCCapprovalofrhe document or the final ne otiated contract date whichever is a licable. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials.are re uired. In most cases (some contracts are an. exception), the original document and .this routing slip should be provided to Sue Filson in the BCe office within 24 hours.of BCCapproval. Some documents are time sensitive and require forwarding to Tallal1asseewithin a certain time frame or the BCC's actions are nullified. Be aware .of your deadlines! The document was approved by the BCC on (enterdate)aIld all changes made during the meeting have beeninc()rporated inthe attacll.ed documeIlt. Tll.e Count Attorne 's Office has reviewed the chao es,if a Ucable. Please return two executed ori inal documents to William Mountford, ACA 2. 3. 4. 5. 6. 7. 16All SETTLEMENT AGREEMENT The Board of County Commissioners of Collier County, Florida (the "Board"), Sapphire Lakes Master Association, Inc. (the "Association") and Peninsula Bank (the "Bank") hereby enter into this Settlement Agreement with regard to the Construction Maintenance and Escrow Agreement for Subdivision Improvement (Unit C) dated July 8, 1998 among Reuven Haim Builders, Inc., a Florida Corporation and The Board of County Commissioners of Collier County, Florida, ("Board") the foregoing agreement are collectively referred to as the "Escrow Agreement" . NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Settlement Agreement, and with the intent to be legally bound, the Board, Association, and Bank agree to settle on the following terms: 1. The Bank shall cause to be paid on behalf of Reuven Haim Builders, Inc. and any successor developers the sum of $10,000.00 within 20 days of the date of this Settlement Agreement in full settlement of all claims and disputes relating to the Escrow Agreement. The check shall be made payable to Sapphire Lakes Master Association, Inc. and delivered to William E. Mountford, Assistant County Attorney, Collier County Attorney's Office, 3301 East Tamiami Trail, 8th Floor, Naples, Florida 34112-4902. 2. The Board and Association will execute and deliver Releases in favor of the Bank. The Release by the Board in favor of the Bank will be in the form attached as Exhibit A, and the Association's Release of the Bank will be in the form of the attached Exhibit B. The two Releases of the Bank will be executed at the time of this Settlement Agreement and delivered to Richard Solano, President, Peninsula Bank, 3100 S. McCall Road, Englewood, FL 34224-8641, but shall not be effective until such time of the payment referred to in Paragraph 1. above is delivered by the Bank. 3. The Settlement Agreement and Releases, between the parties agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Settlement Agreement and Releases. 4. The Board, Bank, and Association acknowledge and agree that this Settlement Agreement and Releases is intended to and shall .be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. The Board, Bank, and Association recognize and acknowledge that this Settlement Agreement and Releases memorializes and states a settlement of disputed claims and nothing in this Settlement Agreement and Releases shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Board, Bank, or Association. 6. The Board, Bank, and Association acknowledge and agree that this Settlement Agreement and Releases is the product of mutual negotiation and no doubtful or 16AII ambiguous language or provision in this Settlement Agreement and Releases is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 7. This Settlement Agreement and Releases may be amended only by a written instrument specifically referring to this Settlement Agreement and Releases and executed with the same formalities as this Settlement Agreement and Releases. 8. In the event of an alleged breach of this Settlement Agreement and Releases, the Board, Bank, and Association agree that all underlying causes of action or claims of the Board, Bank, and Association have been extinguished by this Settlement Agreement and Releases and that the sole remedy for breach of this Settlement Agreement and Releases shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, the Board, Bank, and Association further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This Agreement and Release shall be governed by the laws of the State of Florida. 10. The prevailing party shall be entitled to attorneys' fees and costs in connection with any enforcement action under this Agreement. 11. This Settlement Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have signed and sealed this Settlement Agreement as set forth below. Date: \ o-'""d- Ot)O~ Date: '. \ \2'61 D8 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROGK, Clerk ". ~~fil\{V%"""', <'~ ~. ~'".tT'lJ " "<~~'''''''''''''' "R ."'" t,." " '. ,p '. -~',' ......~{~\ Item # \ l/) A-l \ ~:da \O'a~ ~D~ ~~~d la-t--o~ 2 16All e..i COuld" '0D lC>t-tW Print Name STATE OF FL(!j~ COUNTY OF J()-t6- ifJ. The foregoing Settl~~~nt AgFeem.:~t was acknowledged beAore rpe this day of LlDY~ 2008, by ~ (dJrI../1l/Yl.--O , as lfJ~ of the PENINSULA BANK, WAO is personally known to r&_ or who has produced as identification and who ~':~~~AJt]~ KA A. DAWSON ~ '"==:= fA, I IT. b..WS01A- .....,IlIsliDIaI.,..o. ~ Printed My Commission Expires: D '8' I()~ II) Date: II lit' /d ~ , . By: SAPPHIRE LAKES MASTER ASSOCIATION, INC. ~0!1-~ Signature Ik~ ~ IV 1\ IJ t1 MeA~J Print Name STATE OF FLRRIDA ,"-e{} COUNTY OF Lo LU c:..c. j,. \ The foregoing SttttJement A reeme / ,w~s, acknowledged b~re qle this l ~ day of 1'0llO . 2008, by k'e cl. \. CGI S , as IJ ItlA-ldJ?A,il;t. , of the SAPPHIRE LAKES M STER ASSOCIATION, INC., who is personally known to be or who has produced as identification and who did not take an oath. ~~} X~ N~'{[i~t~ ~. lmIf . C My Commission Expires: L{ - 3 - 0 - ( Approved as to form and legal sUfficienCY:. iJ!i;f 1IJ ~J/J;1{/t~~ . .. ili1'am E. Mountford Assistant County Attorney .....""'.......,""'" ,.- . -- [ ~~v P(J~ Notary Public State of Florida ~.~. Myrna S Love \. ~; My Commission 00414028 """l')~ Exp"e< 04/03/2009 -_:,'--.:;,,,.;;;:_,.,;;:,,,,.;.,,.~o.~,,- 3 16All RELEASE KNOW ALL MEN BY THESE PRESENTS: That the undersigned, The Board of County Commissioners of Collier County, Florida (the "Board"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby, and on behalf of all successors and assigns, release and forever discharge Peninsula Bank (the "Bank"), and their agents, servants, employees, heirs, personal representatives, assigns and successors, and all other persons, firms or corporations connected therewith, of and from any and all claims, demands, causes of action, damages, judgments or suits at law and equity of whatsoever kind, through the date of this release, whether due or not, direct or contingent, liquidated or unliquidated, patent or latent, known or unknown, in any way arising out of or relating to the Construction Maintenance and Escrow Agreement for Subdivision Improvement (Unit C) dated July 8, 1998 between Reuven Haim Builders, Inc., a Florida Corporation, The Board of County Commissioners of Collier County, Florida, and Peninsula Bank. It is agreed and understood that this settlement is a compromise of a doubtful and disputed claim and that the payment of the consideration expressed is not to be construed as an admission of liability. The undersigned acknowledges full and complete satisfaction, represent and warrant that they have not assigned any rights, claims or causes of action against any party herein released and declare and represent that no promises, inducements, or agreements not herein expressed have been made. It is further acknowledged that this release contains the entire agreement between the parties hereto and that the terms of this release are contractual not recitals. Lastly, the undersigned warrant that they are duly authorized and competent to execute this release. IN WITNESS WHEREOF, this release has been read and signed this ,2008. day of ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA L~ '''W ~,j ,-1" "l ~~..- Iftb. l;;:. i 'a""tcP .'. - '.- ~-_ 'l< -)_ .t~<'CM,!,1 ,,;, ..3 ApprOtVtf.~,~s td'lfenn ~nd legal suff. iYft~nc.'Y~, \:c.>' ~~1f0vM -fIf--i... William E. Mountford ~ Assistant County Attorney B~ n 4 RELEASE 16All KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Sapphire Lakes Master Association, Inc. for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby, and on behalf of all successors and assigns, release and forever discharge Peninsula Bank and the Board of County Commission for Collier County, and their agents, servants, employees, heirs, personal representatives, assigns and successors, and all other persons, firms or corporations connected therewith, of and from any and all claims, demands, causes of action, damages, judgments or suits at law and equity of whatsoever kind, through the date of this release, whether due or not, direct or contingent, liquidated or unliquidated, patent or latent, known or unknown, in any way related to or growing out of any prior dealings between the parties, including but not limited to those claims arising out of or relating to the Construction Maintenance and Escrow Agreement for Subdivision Improvement (Unit C) dated July 8, 1998 between Reuven Haim Builders, Inc., a Florida Corporation, The Board of County Commissioners of Collier County, Florida, and Peninsula Bank. It is agreed and understood that this settlement is a compromise of a doubtful and disputed claim and that the payment of the consideration expressed is not to be construed as an admission of liability. The undersigned acknowledges full and complete satisfaction, represent and warrant that they have not assigned any rights, claims or causes of action against any party herein released and declare and represent that no promises, inducements, or agreements not herein expressed have been made. It is further acknowledged that this release contains the entire agreement between the parties hereto and that the terms of this release are contractual not recitals. Lastly, the undersigned warrant that they are duly authorized and competent to execute this release. l\ IN WITNESS WHEREOF, this release has been read and signed this l'ijil day of (tV . , 2008. SAPPHIRE LAKES MASTER ASSOCIATION, INC. ~ SiRature cIj <93JNA1 Print Name ~ "1 Jt1 e..A ~ j STATE OF FL~~Il;)A ", COUNTY OF UCU.eA- .iTJ\e f,~regOi ~ Rel~~~ 'Yas acknowledged before qre)this ,~ day of n.. rru . by R (0 cY V r LJIQrS , as 1--'}teA I :L , of the Lakes Maste ASSOCiatIOn, Inc., who IS personally known to be or who has as identification anll who \~th)l 0 Ii w-e- Notary gnat,ll{e L M ,..f) r f\yrrCq ~. u VI.. Name Printed My Commission Expires: if - 3> - 0 'i 2008, Sapphire produced J'''- "o~~;y P;d~"'==~Jotaf\J Public State of Florida . ': Myrna S love \. i My Commission 00414028 OFf~O E' 0 -- ....=~===_.~rlre~. 4/03/2009 -~."~...~-,,.,"",,,'Or 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIp16 .l12 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otfice. The completed routing slip and original documents are to be forw'nrded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine order) 1. 2, 3, 4. 5, Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BC'C Chairman's signature are to be delivered to the Bee otlice only after the Bee has aeted to approve the item.) Name of Primary Staff Mike Bosi Phone Number 252-6819 Contact Agenda Date Item was 10-28-2008 Agenda Item Number 16.A.12 Approved by the BCC Type of Document agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A(Not approoriate. (Initial) Aoolicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly Stale Officials.) 2, All handwritten strike-through and revisions have been initialed by the County Attorney's Yes Office and all other parties exceot the BCC Chairman and the Clerk to the Board 3, The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the tinal negotiated contract date whichever is aoolicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's Yes signature and initials are required. 5, In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! ,- I: Forms! County Forms! BeC Fonns! Original Documents Routing Slip WWS Original 9.03.04 16A12"" This instrument prepared by and return to: ******* ASSIGNMENT OF CONSERVATION EASEMENT THIS ASSIGNMENT AGREEMENT tS made and entered into this _day of , 20_, between Collier County, a political subdivision of the State of Florida (hereinafter referred to as "Assignor") and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida whose address is clo Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, M.S. 115, Tallahassee, Florida 32399-3000, (hereinafter referred to as "Assignee"). RECITALS WHEREAS, Naples Reserve LLC is the owner of certain real property described in Exhibit "A" of this Agreement (hereinafter the "Property"); and WHEREAS, Procacci Bros, Sales Corporation, a Pennsylvania corporation, the prior owner of the Property, has conveyed to Collier County a TDR Conservation Easement dated October 3, 2005 and recorded in Official Record Book 4030, Page 804, et seq, of the Official Records of Collier County, Florida (hereinafter "Easement") pursuant to Subsection 2.03.07.D.4,f, ofthe Land Development Code; and WHEREAS, the Assignee desires to purchase the Property but will not acquire the Property subject to the Easement. NOW, THEREFORE, in consideration of ten dollars and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I, Assignor does hereby assign to Assignee any and all right, title and interest it has in the Easement. Page 1 of3 16A12 2. Assignee represents that it is acquiring the subject property for the purposes of conservation and preservation pursuant to Article X, Section 18, Florida Constitution, and Chapters 253 and 259, Florida Statutes, 3. This assignment is without recourse against the Assignor, IN WITNESS WHEREOF, the undersigned has set its hand and seal the date and year first written above. DATED: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: . WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (I) Signature By: Signature Printed/Typed Name PrintedfTyped Name (2) Signature PrintedfTyped Title Printed/Typed Name Page 2 of3 Approved as to form and legal sufficiency: ''\~ air A C/{u 0{~ Heidi Ashton-Cicko Assistant County Attorney 16~\12~ Page 3 of3 . . LEGAL DESCRIPTION THIS IS NOT A SURVEY OR: 4030 PG: 0812 16A12 LEGAL DESCRIPTION (SENDING LANDS PARCEL) A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 31, SAID POINT BEING THE POINT OF BEGINNING OF THE SENDING LANDS PARCEL HEREIN DESCRIBED: THENCE ALONG THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32, NOD'19'29"E, FOR 2,682.54 FEET; THENCE LEAVING SAID WESTERLY LINE AND ALONG THE EAST/WEST QUARTER LINE N89'47'5J"E, FOR 5,609.05 FEET, TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31: THENCE LEAVING THE EASTERLY LINE OF SAID SECTION 31, S50'D5'42"W, FOR 1 ,548.55 FEET: THENCE S42'08'52"W, FOR 2,343.78 FEET, TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31: THENCE ALONG THE SOUTHERLY LINE OF THE SAID SOUTHEAST QUARTER, N89'36'01 "w, FOR 123.16 FEET, TO THE SOUTH QUARTER OF SAID SECTION 31; THENCE ALONG THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31, N89'24'53"W, FOR 2,740.52 FEET: TO THE POINT OF BEGINNING OF THE SENDING LANDS PARCEL DESCRIBED HEREIN. -...-------.... CONTAINING 11,222,798 SQUAR ~~.-&~(ij, I' ES, MORE OR LESS. SUBJECT TO EASEMENTS A~' ::;;;ICTIONS OF ~Jp ,~ BEARINGS ARE BASED ON FL AT PL . ~eF'ARED FClR, "'., . ~,~-::.: , , - , ., . ,:' ~" CLIENT GULF \ll^INC~ CONSULTINO CMI".,.,.,..... .L ....., ,~ .L s..v.y;.,g.l M....,ma g/06/05 ~. NOH' LS# 6278 ootMMtr.. R.P.$, TITLE: COAST DEVELOPMENT GROUP, LLC SECTION 31 TOWNSHIP 50 SOUTH, RANGE 27 EAST "10WllcrwP_~&.t.:!lXI ~FloridI:Wlot "-;1239)597-(1515 FAll.: (23lIl5tHI57t ,,,,,K[O,,", J.J.H. ~[C floP: ACl:. P~OJECT 31 50S 27E NUMBER 04-0125.02 SHEET NUr.l8ER 1 Of 2 riLE NUMBER' 0001 *** OR: 4030 PG: 1t..A12 OBIT M . SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY FOol ." l( 4~ SOUllil6T catHER OF S[CllOH JI AS RE:OOROED art lAEIHS. BUlIDI TSOSR21E2OO100 lA8IHS DOOJWENTI 53707 SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST . F'Ct.l4"X." SOUlH OUARlER r:F S[CllCW 31 AS Rl'CORD(O ON LABlNS. BUIO, T50SR27E140100 l.A8IHS DOClMENTf 5J703 . few ." II ." SOU'fHUST CORNER OF SECnOH 3' AS RECOROlD ON L..A8lH5. BUlID, T50SR27E200100 l.A8lNS DOCLltolENrf 53701 .+. , 0 500 1000 1500 2000 I , , I SCALE: I" = 1000' PO.B. ( SECTION 36. TOWNSHIP SO SOUTH, RANGE 26 EAST SQO'19'29-W 2682.54 30' ROAOWAY EASEMENT PER o.R 630 PoGo 1261 ~ ~ ~ '" . ,,; " ~ ~ ~ . o ~ ROYAL FRINGE MIXED USE DISTRICT SENDING LANDS PARCEL SECTION 31, TOWNSHIP 50 SOUTH, RANGE 27 EAST 257.6 ACRES +/- VACANT (WOODED) ~ ~ " m 9 . ~ ~ ~ ~ ~. )- "q. ('" ." "0 "'1- "", S' <';, "." 01- "'<,; 1-" ~( S'<'; ~h 1:'(' ~ S' Ss 0<,.0 ~"''> S 02'57'35" W 275J.08' ( ;,. EASTERl Y LINE Of'" SECTION 31) <'"'1-/ ;;; o c ~ ~ i'! ~ r Z ~ o , ~ ~ n ~ o z ROYAL FRINGE MIXED USE DISTRICT RECEIVING LANDS PARCEL SECTION 31, TOWNSHIP 50 SOUTH, RANGE 27 EAST 88.4 ACRES + /_ VACANT (WOOOED) SECTION 32 TOWNShiP 50 SOL,'.H, RANGE 27 EAST \IT^U<C~on CONSULTING a............. ..&....., ,... ..... S~"Mapp;na ~" CLIENT !l/O8/~ GULF """'-t 'Of" DRA....il'o' TITLE: FI.P.S. COAST DEVELOPMENT GROUP, LLC SECTION 31 TOWNSHIP 50 SOUTH, RANGE 27 EAST &/ilO..........PIrk0rivt,Sl.iII2Oll Napleo,FIclnda:l.ollOf PholIe: {mJ 597.0575 FU:IZt9)S97..(lS78 CM(CM[PI' J.J.H. UC H.P. lICE PROJECT Jl 50S 21'E NUMarR SH((l 04-0125.02 NUMBER 2 or 2 F'00t.. X .-La '8.2 WEST QUARTER C1f SECTlClN 31 AS RECORDED ON l...AaN5. aMIO, TSOSR27t:IIXII.f,Q lABIHS DOO.JWOIT, SJ70s ~ ~ ~ ~ ~. ~ i REMAINDER OF SECTION J 1 , TOWNSHIP 50 SOUTH, RANCE 27 EAST VACANT (WOODED) ~ m a ~ 6 ~ F'O.t""x.. EAST QUARTER Of SECtION 31 AS REtcADED ON lABIHS, aUOO''f5OSR27E200140 L.A8lNSOOCUt.lENT, ...... FlU NUMBER 000' 16A12 MEMORANDUM Date: October 29, 2008 To: Mike Bosi, Planning Manager Comprehensive Planning From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Assignment of Conservation Easement Enclosed please find one Original of the document referenced above, (Agenda Item #16A12), which was approved by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure (1) 16,~ 12'" This instrument prepared by and return to: ******* ASSIGNMENT OF CONSERVATION EASEMENT THIS ASSIGNMENT AGREEMENT IS made and entered into this _day Of_ , 20_, between Collier County, a political subdivision of the State of Florida (hereinafter referred to as "Assignor") and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida whose address is c/o Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, M,S. 115, Tallahassee, Florida 32399-3000, (hereinafter referred to as "Assignee"), RECITALS WHEREAS, Naples Reserve LLC is the owner of certain real property described in Exhibit "A" of this Agreement (hereinafter the "Property"); and WHEREAS, Procacci Bros, Sales Corporation, a Pennsylvania corporation, the prior owner of the Property, has conveyed to Collier County a TOR Conservation Easement dated October 3, 2005 and recorded in Official Record Book 4030, Page 804, et seq. of the Official Records of Collier County, Florida (hereinafter "Easement") pursuant to Subsection 2,03.07,D.4.f. of the Land Development Code; and WHEREAS, the Assignee desires to purchase the Property but will not acqUIre the Property subj ect to the Easement. NOW, THEREFORE, in consideration of ten dollars and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Assignor does hereby assign to Assignee any and all right, title and interest it has in the Easement. Page 1 of3 16A12~j 2. Assignee represents that it is acquiring the subject property for the purposes of conservation and preservation pursuant to Article X, Section 18, Florida Constitution, and Chapters 253 and 259, Florida Statutes. 3, This assignment is without recourse against the Assignor. IN WITNESS WHEREOF, the undersigned has set its hand and seal the date and year first written above, DA TED;,I'OIZ"t {~ A TT:eS1: n ,I,> . '. , DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By To~nl~i:::;;;y ~~~'k " , ..", +f",;. .".' . ,! . .. '...' t" '''" ". ,~'1.t._..",-?),~~)t"".t. ~,,,,,,J .. "lP<4~."~il. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (I) Signature By: Signature . PrintedlTyped Name PrintedlTyped Name (2) Signature Printed/Typed Title Printed/Typed Name Page 2 of3 16 A 12"'" Approved as to form and legal sufficiency: . ; 1 "'ki oir It ()t (j 0-{~ Heidi Ashton-Cicko Assistant County Attorney Page 3 of3 OR: 4030 PG: 0812 1 6 A 12 \",. . LEGAL DESCRIPTION THIS IS NOT A SURVEY LEGAL DESCRIPTION (SENDING LANDS PARCEL) A PARCEL OF LANO LYING IN SECTION 31, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 31, SAID POINT BEING THE POINT OF BEGINNING OF THE SENDING LANDS PARCEL HEREIN DESCRIBED: THENCE ALONG THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32, NDO'19'29"E, FOR 2,682.54 FEET; THENCE LEAVING SAID WESTERLY LINE AND ALONG THE EAST/WEST OUARTER LINE N89'47'5.J"E, FOR 5,609.05 FEET, TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE SOUTHEAST OUARTER OF SAID SECTION 31: THENCE LEAVING THE EASTERLY LINE OF SAID SECTION 31, S50'05'42"W, FOR 1 ,548.55 FEET: THENCE S42"08'52''W, FOR 2,343.78 FEET, TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE ALONG THE SOUTHERLY LINE OF THE SAID SOUTHEAST QUARTER, N89" 36'01 "w, FOR 123 16 FEET, TO THE SOUTH QUARTER OF SAID SECTION 31: THENCE ALONG THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31, N89'24'53"W, FOR 2,740.52 FEET: TO THE POINT OF BEGINNING OF THE SENDING LANDS PARCEL DESCRIBED HEREIN. CONTAINING 11 ,222,798 SQUAR'>~-(i~.-&S9W: ES, MORE OR LESS. :r;v"_ ~. I' SUBJECT TO EASEMENTS AN6"~ICTIONS OF ~JR BEARINGS ARE BASED ON ~ieLPLAlf' ~ EAST ZONE 1983 . LS# 6278 f!<E:PARED FOR::;Ji.F f;) --:.' {;. '.' , . \11 ^ INC~ CONSULTING a.;J &c;nooriq .&. '"' ,.I.. .:a. ~.tMlppmo ~" 11/06/05 CLIENT ,= NOH' -~ R.P.S. GULF COAST DEVELOPMENT GROUP, LLC TITLE SECTION 31 TOWNSHIP 50 SOUTH, RANGE 27 EAST MIDw.u.PIIllOrMl. Suk20ll Hlplt,Fklra341Dt ""-;fZl9I597~75 FA.X:{23lI1597~1t c~rc'(O '" J.J.H. SEe '.... ~<:( PROJECT SHEET FILE 31 50S 27E NUMBER 04-0125.02 NUlJeER 1 or 2 NUMBER 0001 *** OR: 4030 PG: 0813 ui. 6 A 12 SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY ~4aX4. SOUltlM:ST CORHER OF SEcn(Jof 31 AS RECORDED ON L.A8lNs. Bt.N1D, ~:Z7E200100 lABlNS DOCJWEHT, 53707 SECTION 6. TOWNSHIP 49 SOUTH, RANCE 26 EAST . f'QI'"x.. SOUlM QUARTER OF SECnOH 31 AS Rf;COftllED all lA8lN$. BUell 1'5OSR27E140100 lAEIINS DOCtIWEHT, SJ7C& . FCt.l'"}(4" SOlJTHU$T CORHER or SEcnON JI AS RECOROEO ON LA8tNs. 8l.J,lID, T50SR27t200100 LA8lH$ OOClJWENrl 5]709 .t. o 500 1000 I ' SCALE. 1" - 1000' P.O.B. SECTION 36, TOWNSHIP 50 SOUTH, RANCE 26 EAST SQO.19'29"W 2682.54 ~ 30. ROADWAY EASEMENT PER OR. 630 p.C. 1261 ~ ~ ~ :i ,,; ~ '" ROYAL FRINGE MIXED USE DISTRICT SENDING lANOS PARCEL SECTION 31, TOWNSHIP 5D SOUTH, RANGE 27 EAST 257.6 ACRES +/- VACANT (WOODED) ~ . o ~ z ~ ~ ~ m ~ ---------- /- f,R Co '?'-- ~V\~----~~~V?0, /d? "-'f~~ /" '," ' ---~~~\ / . E i'W.CY ~ - --~ 00 --- f(0- -? 00 '+ -?<"S (;. "", 0" "'(; "'-, f( J'(; ~ -?t, <s "Of' ~ J' {,. O<,,~ . 5 02'S7'JS" W 275 . -?~ J.08 ( EASTERLY LINE Of" SECTION Jl) <<'1-", . ~ '" ~ ~ '" V; o c i' ~ " , r Z ~ o , ~ ~ n 6 z ~ ROYAL FRINGE MIXED USE DISTRICT RECEIVING LANDS PARCEL SECTION 31. TOWNSHIP 50 SOUTH, RANGE 27 EAST 88.4 ACRES + /- VACANT (WOODED) 1500 2000 ~ SECTION 32, TOWNShiP 50 SOlj~H. RANGE 27 EAST ~" fQ,l4"X4"LB,e42 'llEST QlJARltR or St'Cna.! 31 AS RECORDED ON LASlN$. EIl..WID, TSOSR27t1l))140 lABlNS OOCUWDlT, 53105 ~ ~ ~ ~ ,,; ~ i ~ m a ~ o ~ REMAINDER OF SECTION ] 1 . TQWNSHJP 50 SOUTH, RANGE 27 EAST VACANT (WOODED) fCU." X." EAST QlJARTtR Of' S1EC'IlON 31 AS REOOROEO ON lABlNS. 8lJ,IDI TSOSlt27t200140 LA8lNS OOCt.'WENT, ,,,,. 9jOe/05 CLIENT: GULF COAST DEVELOPMENT GROUP, LLC \lZI\INC. Plarming Visualization CONSULTING a,;]~ ..&. '" ,.... .... S..-vcymg & MaoJrin& ~" HONE Mll1........."....on...SuII&200 NoplH.Fkrida3ol109 "'-: (23f) S9H1515 FM:(2:J9l51J1-<<i18 MA_IY R.P_S. TITLE: SECTION 31 TOWNSHIP 50 SOUTH, RANGE 27 EAST CH[C"Da. J.J.H. qC 'lOP per PROJECT SH(ET 31 SOS 21E NUIo.lSFR 04-0125.02 NUMBER 2 or 2 nl( NUMB(R 0001 16A12 Patricia L. Morgan From: Sent: To: Subject: BosiMichael [MichaeIBosi@colliergov.net] Wednesday, October 29,200811:14 AM Patricia L Morgan 10-28-08 original document for item 16A12 Patricia, ean you please let me know when you receive the signed document for item 16,A,12 from yesterday's Bee hearing, The item is an assignment agreement and still needs to be finalized by the Florida Department of Environmental Protection, Thanks, Mike Mike Bosi, AICP Community Planning & Redevelopment Manager 239-252-6819 - Offiee 239-919-9708 - Cell Collier County: Comprehensive Planning Page 1 of 1 Martha S. Vergara 16A12 .'---,_.'--------,~-----_._.._-----_.,----_._-------~-~- From: Patricia L. Morgan Sent: Wednesday, October 29, 2008 11 :33 AM To: Bosi, Michael Cc: Martha S. Vergara Subject: RE: 10-28-08 original document for item 16.A.12 Hi Mike, The document is here and Martha will be contacting you, Thanks, Trish From: BosiMichael [mailto:MichaeIBosi@colliergov,net] Sent: Wednesday, October 29,200811:14 AM To: Patricia L. Morgan Subject: 10-28-08 original document for item 16,A,12 Patricia, ean you please let me know when you receive the signed document for item 16,A,12 from yesterday's Bee hearing, The item is an assignment agreement and still needs to be finalized by the Florida Department of Environmental Protection, Thanks, Mike Mike Bosi, AICP Community Planning & RedevlJopmcnt rvtanager 239-252-6819 - Office 239-919-9708 - Cell Collier County: Comprehensive Planning 10/29/2008 pl 16A12" MEMORANDUM Date: October 29, 2008 To: Mike Bosi, Planning Manager Comprehensive Planning From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Assignment of Conservation Easement Enclosed please find one Original of the document referenced above, (Agenda Item #16A12), which was approved by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure (I) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO-' j THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATuID: 1 Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in mutin order) Office County Attorney (Reviewed & signed) PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) 1. Scott R. Teach 2. 3. 4. 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners Name of Primary Staff Annia Ortega Phone Number x 8419 Contact Agenda Date Item was 10/28/08 Agenda Item Number 16 B 1 Approved bv the BCC Type of Document Resolution ~-311 Number of Original 1 Attached Documents Attached Clerk of Court's Office 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages rrom ordinances, resolutions, etc, signed by the County Attorney's Oftice and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bce Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BeC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approyal of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. Tn most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware fyour deadlines! The document was approved by the BCC on 0 i (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable, Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. I: Forms! County FOll11s/ Bee Formsl Original J)()cum~nts Routing Slip WWS Original 9.03 04, Revised 1.26.05. Revised 2.24.05 168 1 RESOLUTION NO. 2008- 311 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE TRANSPORTATION SERVICES DIVISION TO ASSIST THE COLLIER COUNTY SHERIFF'S OFFICE WITH CRIME PREVENTION PROGRAMS BY PROVIDING THE USE OF COUNTY OWNED VARIABLE MESSAGE SIGNS WITHOUT REIMBURSEMENT FEES. WHEREAS, the Collier County Transportation Services Division owns, operates, and maintains trailer mounted Variable Message Signs (VMS) for providing pertinent Maintenance of Traffic (MOT) information approaching and in construction zones on public roadways in Collier County when needed; and WHEREAS, the Collier County Sheriff's Office has identified that use of a VMS on a roadside can also be an effective and efficient method to distribute information to motorists regarding ongoing Crime Prevention Programs when not being used for MOT purposes; and WHEREAS, the Collier County Sheriff's Office has requested the assistance of the Transportation Services Division by providing the temporary use of the VMS, without reimbursement fee, to alert County motorists to crime prevention measures at times that they are not deployed in MOT duties, WHEREAS, the Collier County VMS Policy enacted by Resolution 2008-208 requires a reimbursement fee for the use of Transportation Services Division VMS by other Departments and Constitutional Offices, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Board of County Commissioners approves and authorizes the use of Transportation Services VMS for posting informational messages concerning Collier County Sheriff's Office Crime Prevention Programs and waives the reimbursement fee for such use. This Resolution shall take effect immediately upon adoption. 168 1 g-th ~ . day of This Resolution adopted after motion, second, and majority vote favoring same, this (CJC+CW ,2008. . e.f)..., ". ,.,';) ---". .()(' ATTEST: DWIGHT E;;,BROCI<'Cle~ By: Deputy County Attorney BOARD OF COUNTY COMMISSIONERS 2 By: Thomas e Item # 1613(. '1 ~ Aqenda to/'u I dl Date Date l^!'>") O~ Rec'd ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 3' Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Scott R. Teach County Attorney (Reviewed & signed) ::~ nn" A /ok/rfi 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Annia Ortega Phone Number x 8419 16 B3 13 Yes (Initial) N/A (Not A lieable) 10/28/08 Agenda Item Number Number of Origin a] Documents Attached ~ -If{). J: Fonns/ County Forms/ BCC Fanus/ Original Documents Routing Slip WV...S Original9.03'(J4, Revised] .26.05, Revised 2.24.05 -3[~ Resolution 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sulliciency, (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions haye been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. ]n most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC ollice with in 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be a re 0 our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in he attached document. The Count Attorne 's Office has reviewed the chan es, if a Hcable. 2. 3. 4. 5. 6. MEMORANDUM Date: October 30, 2008 To: Annia Ortega, Administrative Assistant Transportation/Traffic Operations From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2008-312 & JP A between FDOT & Collier County Enclosed for your records, please find three (3) copies referenced above (Agenda Item #16B3) adopted by the Collier County Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fullv executed oril!inal to the Minutes and Records Department for the Board's Records. If you should have any questions, please feel free to contact me at 252-7240. Thank you. Enclosures 168 31 16B 31: RESOLUTION NO. 2008- 31 2 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORlDA, APPROVING AND AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A JOINT PROJECT AGREEMENT WITH THE STATE OF FLORlDA TO PROVIDE COORDINATED ARTERIAL TRAFFIC SIGNAL TIMING ANALYSIS, WHEREAS, the State of Florida Department of Transportation (FOOT) has provided funding for the Joint Project Agreement FM#423654-1-38-01 for Traffic Signal Intersection Timing Analysis; and WHEREAS, the Collier County Metropolitan Planning Organization has identified funding in the FOOT's 5-Year Work Program for Fiscal Year 2008/2009 in the amount of $300,000 to be used for coordinated arterial traffic signal retiming analysis and implementation; and WHEREAS, the Collier County and FOOT have agreed that this coordinated arterial traffic signal retiming project can best be implemented by Collier County and with reimbursement from FOOT; and WHEREAS, FOOT is willing to enter into a Joint Project Agreement ("Agreement") with Collier County wherein Collier County will do the work necessary to complete the traffic signal retiming project, by use of consultants and Collier County Staff, and FOOT will reimburse Collier County up to the sum of $300,000 upon completion of said work, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION I: The Board of County Commissioners approve the Agreement and authorize its Chairman to sign the attached Agreement. SECTION 2: The Collier County Clerk, Minutes, and Records Department, is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation, 2295 Victoria Avenue, Fort Myers, Florida, along with three additional signed copies of the Agreement for execution by FOOT. 168' 3 ~s Resolution adopted after motion, second, and majority vote favoring same, this 02~ day of W ,2008, \, ATTEST: ,'(- BOARD OF COUNTY COMMISSIONERS "' -] ::I~\~ By: A~""'to Ch'81,;;tf) '-JV signature: 011,1.' .\". Appro~~d If forrn/22~~/encY: ~Ch Deputy Counly Attorney 16 B 3 FM # 42365413801 F AP #8887 588 A CFDA: 20.205 JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, "DEPARTMENT") and COLLIER COUNTY (hereinafter, "COUNTY") for the DEPARTMENT to reimburse the COUNTY for Traffic Signal Intersection Timing Analysis, WITNESSETH 1. WHEREAS, the DEPARTMENT plans in its work program under FM #423654 I 3801 to fund the Traffic Signal Intersection Timing Analysis (hereinafter, "PROJECT"); and 2, WHEREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in the tentative Five Year Transportation Plan in FY 2008/2009; and 3, WHEREAS, the COUNTY is willing to undertake the PROJECT and the DEPARTMENT is willing to reimburse the COUNTY for costs directly related to the Traffic Signal Intersection Timing Analysis, as described herein; and 4. WHEREAS, the COUNTY by Resolution No, dated the~ay of ()cfobRY, 2008, a copy of which is attached hereto and made a part hereof, has authorized the Chairman or designee to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. SERVICES AND PERFORMANCE A) The COUNTY agrees to undertake the Project and the DEPARTMENT agrees to reimburse the COUNTY for said services, as stated in the PAYMENT TERMS section, provided they are performed in accordance with the DEPARTMENT'S specifications and the terms and conditions in this Agreement. B) The PROJECT consists of Traffic Signal Intersection Timing Analysis on the State Highway System (SHS). C) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. D) The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. E) All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the 168 3 FM # 42365413801, FAP #8887588 A CFDA: 20.205 lPA: COLLIER COUNTY Page 2 of 10 DEPARTMENT without restriction or limitation on their use, The DEPARTMENT will have the right to visit the PROJECT site for inspection of the work and the drawings at any time. F) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT, G) All notices under this Agreement and invoices from the COUNTY to the DEPARTMENT shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Florida Department of Transportation Don Cashdollar Traffic Operations Office, MS 1-8 P,O, Box 1249 Bartow, FL 33831 Randy Ensell Traffic Operations Department Collier County Transportation 2885 Horseshoe Drive South Naples, FL 34104 2. PAYMENT TERMS A) The DEPARTMENT agrees to a maximum participation in the PROJECT in the amount ofTHREE HUNDRED THOUSAND DOLLARS ($300,000.00) B) The DEPARTMENT agrees to reimburse the COUNTY for the herein described services at the compensation amount as detailed in this Agreement. The COUNTY agrees to complete the PROJECT for the amount set forth in this Agreement. C) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. D) In the event the COUNTY proceeds with the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead), E) The COUNTY agrees to the following time frames: (I) upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise; (2) the DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance; (3) the 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, F) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Fla. Stat. 955,03(1), per day will be due and payable, in addition to the invoice amount, to the VendoL Interest penalties of less than one (I) dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned to the COUNTY because of the COUNTY'S preparation errors will result in a 168 3 FM # 42365413801, FAP #8887 588 A CFDA: 20.205 JP A: COLLIER COUNTY Page 3 of 10 delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. G) A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for the COUNTY if it experiences problems in obtaining timely payment(s) from a state agency, The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792, H) Invoices or requests for payment from the COUNTY shall be submitted quarterly in detail sufficient for a proper pre-audit and post-audit thereof and in sufficient detail for the DEPARTMENT to confirm the extent of work completed and compliance of such work with the terms of this Agreement. I) Bills or invoices for travel expenses, if applicable, specifically authorized in this Agreement shall be submitted and paid in accordance with Fla, Stat. S 112,061, J) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made, Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include any consultant's or contractor's general accounting records and the project records, together with supporting documents and records, of any consultant or contractor and all sub-consultants or sub-contractors performing work on the PROJECT, and all other records of the PROJECT considered necessary by the DEPARTMENT for a proper audit of costs, K) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year, Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds, Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature, L) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. 168 3'~ FM # 423654 1 3801, FAP #8887 588 A CFDA: 20,205 lPA: COLLIER COUNTY Page 4 of 10 3. GENERAL PROVISIONS A) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith, B) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. C) Except as otherwise provided herein, this Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are known and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT, D) If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. E) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. F) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Fla. Stat. S287,OI7, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. G) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity, 16 f-..~ <-". 1.;' 3 FM # 42365413801, FAP #8887 588 A CFDA: 20,205 IPA: COLLIER COUNTY Page 5 of 10 4. TERMINATION A) The DEPARTMENT reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors, B) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (i) immediately terminating the Agreement, or (ii) notifYing the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMENT. C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notifY the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated, E) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 5. INDEMNITY A) When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party, Each party will evaluate the claim, and report its findings to each other within fourteen (14) working days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right herein, B) Thc COUNTY agrees to include the following indemnification provision in all contracts with contractors/sub-contractors and consultants/sub-consultants who perform work in connection with this Agreement: 168 3 FM # 42365413801, FAP #8887 588 A CFDA: 20.205 IPA: COLLIER COUNTY Page 6 of 10 "The contractor shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees, Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." 6. AUDITS A) Audits: The administration of resources awarded by the DEPARTMENT to the COUNTY may be subject to audits and/or monitoring by the Department, as described in this section, B) MONITORING i) By entering into this agreement, the COUNTY agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate, the COUNTY agrees to comply with any additional instructions provided by the DEPARTMENT staff to the COUNTY regarding such audit. The COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. C) AUDITS i) PART I: FEDERALLY FUNDED (1) Recipients of federal funds (i.e, state, local government, or non-profit organizations as defined in OMB Circular A- 133, as revised) are to have audits done annually using the following criteria: (2) In the event that the recipient expends $500,000 for fiscal years ending after December 3 I, 2003 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, EXHIBIT I to this agreement indicates Federal resources awarded through the Department by this agreement, if applicable, In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 16 '~'.'1 -" ^" FM # 42365413801, FAP #8887 588 A CFDA: 20,205 JPA: COLLIER COUNTY Page 7 of 10 (3) In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A.133, as revised, (4) If the recipient expends less than $500,000 for fiscal years ending after December 31, 2003 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A.133, as revised, is not required, In the event that the recipient expends less than $500,000 for fiscal years ending after December 31,2003 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A.133, as revised, the cost of the audit must be paid from non.Federal resources (i.e" the cost of such an audit must be paid from recipient resources obtained from other than Federal entities), (5) Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency, D) PART!: STATE FUNDED i) The COUNTY as a recipients of state funds pursuant to Fla, Stat. ~215,97(2)(m), i,e" a non.state entity as defined by ~215,97(2)(m), is to have audits done annually using the following criteria: ii) Fla, Stat. 9215,97 (2) (a): Each nonstate entity that expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such nonstate entity shall be required to have a state single audit, or a project.specific audit, for such fiscal year in accordance with the requirements of this section and applicable rules of the Executive Office of the Governor and the CFO; and Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for.profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities, State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements, iii) In connection with the audit requirements addressed in C) i) above, the COUNTY shall ensure that the audit complies with the requirements of Fla. Stat. ~215,97(7), This includes submission of a financial reporting package as defined by Fla, Stat. ~215,97(2)(d), and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for.profit organizations), Rules of the Auditor General. 168 3 FM # 423654 I 3801, FAP #8887 588 A CFDA: 20,205 IPA: COLLIER COUNTY Page 8 of 10 iv) If the COUNTY expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions ofFla, Stat. 9215,97 is not required, In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Fla, Stat. 9215.97, the cost of the audit must be paid from the non-state entity's resources (i.e" the cost of such an audit must be paid from the recipient's resources obtained from other than State entities), v) State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. E) PART II: OTHER AUDIT REQUIREMENTS i) The COUNTY shall follow up and take corrective action on audit findings, Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required, Current year audit findings require corrective action and status of findings. ii) Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved, Access to project records and audit work papers shall be given to the DEPARTMENT, the Comptroller, and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. F) PART III: REPORT SUBMISSION i) Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this agreement shall be submitted timely in accordance, Florida Statutes, and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, ii) Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. iii) The documents listed below in (1) and (2) shall be submitted to the DEPARTMENT: Florida Department of Transportation Attn: Karen A. Miracola, District IP A/LFA Coordinator PO Box 1030 Fort Myers, FL 33902-1030 16B 3'" ,~;\ , FM # 42365413801, FAP #8887 588 A CFDA: 20,205 lPA: COLLIER COUNTY Page 9 of 10 (1) Copies of financial reporting packages required herein by Florida Statutes, (2) Copies of reports or the management letter required herein by Florida Statutes, iv) The documents listed above in (1) and (2) shall be submitted to the Auditor General's Office: Auditor General's Office Room 401, Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 G) PART IV: RECORD RETENTION i) The COUNTY shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, the state CFO or Auditor General access to such records upon request. The COUNTY shall ensure that the independent audit working papers are made available to the DEPARTMENT, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. 168 3\i FM # 423654 1 3801, FAP #8887 588 A CFDA: 20.205 IPA: COLLIER COUNTY Page 10 of 10 IN WITNESS WHEREOF, the COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman or its designee, as authorized by Resolution Number , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee, This Agreement shall become effective on: Date to be entered by the DEPARTMENT ':lr,' :~, COLLIER COUNTY, FLORIDA .~~t~ CHAIRMAN OR DESIGNEE C ERi DIU/&H-T E.. B~ W;b&. ~Ql16~l5 Attest at to Cllall"114Jl << t10naturt on." DATE PRINT NAME DATE COL~UNTY LEZVIEW: BY '!I~ ".U'!~~~ DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORT A nON ATTEST EXECUTIVE SECRET AR Y (SEAL) BY: DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME DATE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY DATE 16B "6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oflice Dilly after the Board has WkL'I1 action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exc"'"tion of the Chainnan's sionature, draw a line through routing lines #1 through #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinrr order) 1. 2, 3. 4, Scott Teach, Ass!. ComIty Attorney County Attorney 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk ofCourfs Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the pomat)' contact is the person who created/prepared the executive summary. PriITUll)' contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing infonnation. All original documents needing the Bee Chainnan's signature are to he delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Sue F aullmer Phone Number (239) 252-5889 Contact Agenda Date Item was 10/28/08 Agenda Item Number l6Bja Annroved by the BCC Type of Document ~~I_l.M Number of Original (J) Tlul;;c f"ltr Attached Documents Attached 1f INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is appropriate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Otlice ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties ex t the BeC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of Bee approval of the do(.,'Ument or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCe office within 24 hours of Bce approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The doc:ument was approved by the BCC on Julv 22. 2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan e if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6, SVI t 5AF 5Ar: SAf C;l1r v I: Fonns/ County Fonns/ Bce Fonns/ Original Document.. Routing Slip WWS Original 9.03.04, Revised J .26.05, Revised 2.24.05 <<matter _ nwnber>)/<<document_ numbem 168 6 MEMORANDUM Date: October 28, 2008 To: Sue Faulkner, Principal Planner Alternative Transportation From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Shirley Conroy Rural Area Capital Assistance Support Grant Attached are four original documents (Agenda Item #16B6) adopted by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If you should have any questions, please contact me at 252-7240. Thank you. 168 6 O'RIGIt0A fY1 1" R e <-( ================================================================== 108846 Fund: 750074 Function: 55 120000952 Contract No.: SAMAS Approp: SAMAS Obj.: Org Code: FM/Job No(s).: 41065618401 CSFA No.: 55.001 Vendor No.: 596-000-558-004 ================================================================== FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED SHIRLEY CONROY RURAL AREA CAPITAL ASSISTANCE SUPPORT GRANT THIS AGREEMENT, made and entered into this 1st day of Julv, 2008 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and Collier County Board of County Commissioners (Collier Area Transit), 3301 East Tamiami Trail. Naples, Florida 34112, hereinafter called the Grantee. WIT N E SSE T H: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the provision of non-sponsored transportation services and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide financial assistance to Community Transportation Coordinators in rural areas for the purchase of capital equipment. These grant funds are to be expended and utilized in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008 and as further described in Exhibit(s) A, B, C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, to provide financial assistance to the Grantee and state the terms and conditions upon which such financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "C" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 1 of 21 168 , .0 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "c." Failure by the Grantee to provide such documents, or proVide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapter 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008. 2.60 Annual Monitoring and Evaluation: The law prOVides that each local coordinating board annually evaluate the performance of the Grantee using evaluation criteria approved by the Commission. A copy of the evaluation report will be given to the designated official planning agency and the Commission. The Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee shall submit to the local coordinating board such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to proVide such documents or other products to the local coordinating board may, at the Commission's discretion, result in permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $66,000.00. This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $59.400.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03(21(08 Page 2 of 21 16P 6 4.10 Eligible Costs: Shirley Conroy Rural Area Capital Assistance Support Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of the purchase of capital equipment, and then only if a match, as specified in the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant is provided by the Grantee. 4.20Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement; If the Grantee wishes to purchase vehicles or other equipment with the Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition from the Commission and then execute an amended Exhibit "A." 4.30 Front End Funding: Front end funding is not applicable. 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area to another without the express written approval of the Commission. 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds, which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 3 of 21 168 6 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B." This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B." 7 .00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-spDnsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account." The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds." The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of publiC funds, or as approved by the Commission. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 4 of 21 168 .6 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, drivers manifests, vouchers, vehicle titles, and detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed dDcumentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services or costs incurred were those, which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantees existing accounting system, and, to the extent feasible, kept separate and apart from all other such dDcuments. 7.60 Audit Reports: In the event that the Grant recipient expends a total of $500,000 or more in State awards in its fiscal year, the Grant recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes, Rule Sections 10.550, 10.650, Florida Administrative Code, and the applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations); Rules of the Auditor General. State Awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, the name of the awarding State Agency. If the grant recipient expends less than $500,000, this audit is not required and if the grant recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid form non-State funds. The Grant recipient agrees to allow the Commission, the Department of Transportation, the Chief Financial Officer and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 5 of 21 16 0.61"1 The Grant recipient shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Commission and the Office of the Auditor General. The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records, drivers' manifests, capital equipment; and to audit the books, records and accounts pertaining to the financing and development of the project at all reasonable times including upon completion of the project, and without notice. Grant recipients shall make all records available to the CTD, upon request, for a period of five (5) years after final project invoice. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Grant Recipient shall submit as part of the audit package to the Commission a plan for corrective action tD eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Grant Recipient shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Monitoring: In addition to reviews of audits conducted in accordance with OMB A-B3 monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB A-B3, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope or project-specific audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph 8.26, and Exhibit "A," "Special Considerations by Grantee." 7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $100,000 for anyone (1) person, $200,000 per occurrence at all times in which Project vehicles or equipment are engaged in approved project activities. The Grantee shall insure that contracting Transportation Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 6 of 21 168 .6 Operators alsD maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project vehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition on form or forms prescribed by the Commission, and such Dther detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, as specified in the Commission's Grant Agreement/Contract Invoicing Procedures. 8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the provisions of the Agreement and that all invoices and support dDcumentation will be true and correct. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; Shirley Conroy Rural Area Capital Assistance Support Grant 2008{09 Form Rev, 03/21{08 Page 7 of 21 16 B .6 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "c." 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Application and Policy Manual for the Shirley CDnroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008 is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 8 of 21 169 .6 obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of its obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. . 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 9 of 21 168 .6 entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any service, is contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 10 of 21 168 .6 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract fDr contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her respDnsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date Df cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. " The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act of 1990, as it may be amended from time to time. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 11 of 21 168 6 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstructiDn, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the CommissiDn of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 12 of 21 1686 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or federal law: Provided, that if any of the provisions of the Agreement violate any applicable State or federal law, the Grantee will at once nDtify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment purchased or financed in whole or in part pursuant to this Agreement in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modificatiDns to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of project vehicles and equipment is not allowed unless approved in writing by the Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles, whether leased or purchased, are used to meet the identified transportation needs of the transportation disadvantaged and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of the area. Leased and purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Grantee interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment which are leased with Project funds shall be sufficient cause for non- payment by the Commission as provided in Paragraph 8.25. 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 13 of 21 168 t., .U be documented in the project file(s) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose, which expands transportation disadvantaged services. If the Grantee does not elect to re-invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor Df the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commissions Capital Equipment Procedure or the Commission. 14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract between the community transportation coordinator and a transportation operator or coordination contractor paid in whole or in part with trust fund money, must be reported to the Commission. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $1,000 in property damages, must be reported to the Commission not more than 72 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in Exhibit "A". Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 14 of 21 168 .6 due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability fDr the Commission's negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and vDid, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding cDmmitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding Dne year, but any contract so made shall be executory only for the value of the services to be rendered or agreed tD be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year." In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 15 of 21 168,6 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30, 2009. If the Grantee does nDt complete the Project within this time period, this agreement will expire unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "C"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than August 15, 2009. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: Vendors (in this document identified as Grantee) providing goods and services to the CDmmission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period nDt to exceed five (5) working days to a period not to exceed eleven (11) working days. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. The Grantee shall promptly pay all subcontractors their proportionate share of payments received from the Commission. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410-9724. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 16 of 21 16B 'f." . ..../ 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 17 of 21 16B (, rV' FM/JOB NOeS). 41065618401 CONTRACT NO. AGREEMENT DATE Julv 1. 2008 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: COLLIER COUNTY BOARD OF :::NTYCO:L~ ~ TITLE: Tom Henning, Chairman r COMMISSION FOR THE TRANSPORTATION DISADVANTAGED BY: TITLE:Executive Director (Commission Desianeel "' . ,( ~ .:~ '7 j)vJIC:,I\le.~ (!,~\C. ATTEST~ ,:, I , ~ ., ATTEST: (SEAL) (SEAL) " NOTARY or TITLE legal sufficiency DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 18 of 21 16B ,6 FMjJOB NO(S). 41065618401 CONTRACT NO. AGREEMENT DATE July L 2008 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES Shirley Conroy Rural Area Capital Assistance Support Grant This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners (Collier Area Transit). PROJECT LOCATION: Collier County PROJECT DESCRIPTION: To purchase capital equipment so that transportation can be provided to the non- sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Capital equipment will consist of: One Bus SPECIAL CONSIDERATIONS BY GRANTEE: L All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2000 or criteria set forth by any other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 19 of 21 168 .6 FM{JOB NO(S). 41065618401 CONTRACT NO. AGREEMENT DATE July L 2008 EXHIBIT "B" PROJECT BUDGET AND DISBURSEMENT SCHEDULE Shirley Conroy Rural Area Capital Assistance Support Grant This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners (Collier Area Transit). I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008, Capital Equipment 1 Bus $66,000.00 TOTAL $66,000.00 II. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $59.400.00 Local Cash Funds $ 6,600.00 Total Project Cost $66.000.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 08/09 59.400 Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 20 of 21 168 6 FM/JOB NO(S). 41065618401 CONTRACT NO. AGREEMENT DATE Julv L 2008 EXHIBIT "C" DOCUMENTS AND CERTIFICATIONS Shirley Conroy Rural Area Capital Assistance Support Grant This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners (Collier Area Transit). THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to: Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 Tallahassee, Florida 32399-0450 State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 CERTIFICATIONS: Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any reimbursement request for vehicles and shall use the Commission approved format. THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: L Contracts furnishing contractual services or commodities from a valid State or inter- governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.017(l)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in section 287,017(l)(a), Florida Statutes. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev, 03/21/08 Page 21 of 21 1686 ------------------------------------------------------------------ ------------------------------------------------------------------ SAMAS Approp: SAMAS Obj.: Org Code: 108846 Fund: TDTF 750074 Function: 035 55 120000952 Contract No.: A pr.i8') FM/Job No(s).: 41065618401 CSFA No.: 55.001 Vendor No.: 596-000-558-004 ------------------------------------------------------------------ ------------------------------------------------------------------ FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED SHIRLEY CONROY RURAL AREA CAPITAL ASSISTANCE SUPPORT GRANT THIS AGREEMENT, made and entered into this 1st day of Julv. 2008 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and Collier County Board of County Commissioners (Collier Area Transit). 3301 East Tamiami Trail. Naoles. Florida 34112, hereinafter called the Grantee. WIT N E SSE T H: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the provision of non-sponsored transportation services and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide financial assistance to Community Transportation Coordinators in rural areas for the purchase of capital equipment. These grant funds are to be expended and utilized in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008 and as further described in Exhibit(s) A. B. C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, to provide financial assistance to the Grantee and state the terms and conditions upon which such financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "C" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 1 of 21 1686 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "c." Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapter 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008. 2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board annually evaluate the performance of the Grantee using evaluation criteria approved by the Commission. A copy of the evaluation report will be given to the designated official planning agency and the Commission. The Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee shall submit to the local coordinating board such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the local coordinating board may, at the Commission's discretion, result in permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $66.000.00. This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $59.400.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 2 of 21 1686 4.10 Eligible Costs: Shirley Conroy Rural Area Capital Assistance Support Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of the purchase of capital equipment, and then only if a match, as specified in the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant is provided by the Grantee. 4.20Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement; If the Grantee wishes to purchase vehicles or other equipment with the Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition from the Commission and then execute an amended Exhibit "A." 4.30 Front End Funding: Front end funding is not applicable. 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area to another without the express written approval of the Commission. 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds, which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 3 of 21 1686 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B." This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B." 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-sponsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account." The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds." The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 4 of 21 1686 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, drivers manifests, vouchers, vehicle titles, and detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services or costs incurred were those, which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantees existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In the event that the Grant recipient expends a total of $500,000 or more in State awards in its fiscal year, the Grant recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes, Rule Sections 10.550, 10.650, Florida Administrative Code, and the applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations); Rules of the Auditor General. State Awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, the name of the awarding State Agency. If the grant recipient expends less than $500,000, this audit is not required and if the grant recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid form non-State funds. The Grant recipient agrees to allow the Commission, the Department of Transportation, the Chief Financial Officer and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 5 of 21 1686 The Grant recipient shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Commission and the Office of the Auditor General. The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records, drivers' manifests, capital equipment; and to audit the books, records and accounts pertaining to the financing and development of the project at all reasonable times including upon completion of the project, and without notice. Grant recipients shall make all records available to the em, upon request, for a period of five (5) years after final project invoice. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Grant Recipient shall submit as part of the audit package to the Commission a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Grant Recipient shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Monitoring: In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope or project-specific audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph 8.26, and Exhibit "A," "Special Considerations by Grantee." 7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $100,000 for anyone (1) person, $200,000 per occurrence at all times in which Project vehicles or equipment are engaged in approved project activities. The Grantee shall insure that contracting Transportation Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 6 of 21 1686 Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project vehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition on form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, as specified in the Commission's Grant Agreement/Contract Invoicing Procedures. 8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the provisions of the Agreement and that all invoices and support documentation will be true and correct. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 7 of 21 1686 8.23 Required submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "c." 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008 is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 8 of 21 16B6 obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of its obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03/21(08 Page 9 of 21 16B6 entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any service, is contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 10 of 21 1686 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. " The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act of 1990, as it may be amended from time to time. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21/08 Page 11 of 21 1686 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 12 of 21 1686 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or federal law: Provided, that if any of the provisions of the Agreement violate any applicable State or federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment purchased or financed in whole or in part pursuant to this Agreement in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of project vehicles and equipment is not allowed unless approved in writing by the Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles, whether leased or purchased, are used to meet the identified transportation needs of the transportation disadvantaged and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of the area. Leased and purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Grantee interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment which are leased with Project funds shall be sufficient cause for non- payment by the Commission as provided in Paragraph 8.25. 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 13 of 21 1686 be documented in the project file(s) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose, which expands transportation disadvantaged services. If the Grantee does not elect to re-invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commissions Capital Equipment Procedure or the Commission. 14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract between the community transportation coordinator and a transportation operator or coordination contractor paid in whole or in part with trust fund money, must be reported to the Commission. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $1,000 in property damages, must be reported to the Commission not more than 72 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in Exhibit "A". Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 14 of 21 16B6 due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year." In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 15 of 21 16B6 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30. 2009. If the Grantee does not complete the Project within this time period, this agreement will expire unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "C"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than August 15, 2009. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: Vendors (in this document identified as Grantee) providing goodS and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to a period not to exceed eleven (11) working days. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. The Grantee shall promptly pay all subcontractors their proportionate share of payments received from the Commission. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410-9724. Shirley Conroy Rurai Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 16 of 21 1686 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractor for goodS or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 17 of 21 16B6 FMjJOB NO(S). 41065618401 CONTRACT NO. M)")""6'l AGREEMENT DATE Julv 1. 2008 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BY' ..i, 4/~ . TITLE: T: H~nning. Chairman r COMMISSION FOR THE TRANSPORTATION DISADV ANT D BY: .---. Commission Desi EAL) N TARY or<;rlTL Attest ~'3 to CMf_ ... vt.. ~~p slgnatu 0.11" to form & legal sufficiency .........".. WENDY SMITH l$~~'~' CommisSion DO 815663 ,'\ ::1 Expires August 18, 2012 ~~. :~ BoMedThNTfl'lYFalnll\lOOVlCt8l>>385-7019 .Rt". DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03/21(08 Page 18 of 21 1686 FMjJOB NO(S). 4106M18401 CONTRACT NO. J"5'7<l AGREEMENT DATE Julv L 2008 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES Shirley Conroy Rural Area Capital Assistance Support Grant This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners (Collier Area Transit). PROJECT LOCATION: Collier County PROJECT DESCRIPTION: To purchase capital equipment so that transportation can be provided to the non- sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Capital equipment will consist of: One Bus SPECIAL CONSIDERATIONS BY GRANTEE: L All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2000 or criteria set forth by any other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 19 of 21 16B6 FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE 41065618401 M/ S';?<1 Julv 1. 2008 EXHIBIT "B" PROJECT BUDGET AND DISBURSEMENT SCHEDULE Shirley Conroy Rural Area Capital Assistance Support Grant This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners (Collier Area Transit). I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008. Capital Equipment 1 Bus $66,000.00 TOTAL $66,000.00 II. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $59.400.00 Local Cash Funds $ 6.600.00 Total Project Cost $66.000.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 08/09 59.400 Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 20 of 21 1686 FM/JOB NO(S). 41065-.618401 CONTRACT NO. fI1?55'/1 AGREEMENT DATE Julv 1. 2008 EXHIBIT "C" DOCUMENTS AND CERTIFICATIONS Shirley Conroy Rural Area Capital Assistance Support Grant This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners (Collier Area Transit). THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to: Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 Tallahassee, Florida 32399-0450 State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 CERTIFICATIONS: Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any reimbursement request for vehicles and shall use the Commission approved format. THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities from a valid State or inter- governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.017(1)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in section 287.017(1)(a), Florida Statutes. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21(08 Page 21 of 21 168 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office The completed routing slip and original documents are to he forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line throul!h routinO' lines #1 throuoh #4, corrmlete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. -- "oM ."'.- ._-..~_..-..,~-_.-" f--- --.---- '-- - -. -' --.~'" -.-.-._._-. -..,. 2. ..' ~--_. 3. --." ....--... . '~-"-'-'_.- - -...-.-- -.-.--.- .......-----.- ."U_p. --- "......_, 4. Scott R. Teach, Deputy County Attorney County Attorney Sf2-f' 10/28/08 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 7. Scott R. Teach, Deoutv County Attorney County Attorney PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to he delivered to the Bee office only afler the Bee has acted to approve the item.) Name of Primary Staff Scott R. Teach, Deputy County Attorney Phone Number (239) 252-8400 Contact Agenda Date Item was 10/28/08 Agenda Item Number 16-B-8 Aooroyed by the BCC Type of Document Amendment to Agreement - McDonald Transit Number of Original 1 Attached Associates, Inc. Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. Yes N/A(Not (Initial) AnDlicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signcd by the SRT Chairman, with the exception of most letters, mLlst be reviewed and signed by thlZ Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. 51gned by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) - 2 All handwritten strike-through and revisions have been initialed by the County Attorney's Office and N/A all other narties excent the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of Bec approval of the document or SRT the final nellotiated contract date whichever is aonlicabk. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT initials are reauired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A provided to Sue Filson in the BCC office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! 6. The document was approved by the Bee on October 28. 2008 and all changes made during the SRT N/A is not an meeting have been incorporated in the attached document. The County Attorney's Office has option for line reviewed the chanl!:es, if 3oolicable. 6. 7. Please return a fullv executed COPy of the document to Scott R. Teach. Deputv County Attorne',.. SRT INSTRUCTIONS & CHECKLIST I: Forms! County Forms/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revlsed 1.2605, Revised 2.24.05 ~<matter _ numbem/ (~document_ numben> 168 8 MEMORANDUM Date: October 30, 2008 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment to Agreement Enclosed please find a copy of the document referenced above (Agenda Item #16B8), approved by the Board of County Commissioners on Tuesday, October 28, 2008, If you should have any questions, please call me at 252-7240, Thank you. 168 8 AMENDMENT TO AGREEMENT The undersigned parties hereto do agree to amend their agreement of September 27, 2005, subject to the approval of the Collier County Board of Commissioners as follows: · Paragraph 3, Compensation, shall be amended by adding to 3.1: The management fee shall be $98,392 for FY 2009 (10/01/08 - 09/30/09) and $100,360 for FY 2010 (10/01/09 - 09/30/1 0) and the following to 3.2: Said expenses shall not exceed $50,000 in either of the above fiscal years. If contractor can deliver the same quality and quantity of service for less than $50,000 during one or both of these fiscal years, contractor shall receive a payment of 50% of that savings. The Revenue Hour Rate for FY 2009 shall be $46.98 and for FY 2010 it shall be $48.39. · Paragraph 3.3 shall be amended to state that fixed profit described therein shall be $85,000 for FY 2009 and $90,000 for FY 2010. · The grants management function shall be performed by the County and the Contractor will provide timely and complete response to all reasonable requests for data and information. · Contractor will appoint a new manager on site to oversee the performance of this agreement on or before approval of the amendment to agreement by the Collier County Board of Commissioners. · The parties mutually release each other from all claims either may have against the other known before 10/01/08. · The parties will, within sixty (60) days negotiate a more comprehensive and detailed new agreement for FY 2009 and FY 2010. Such contract amendment shall seek to balance any new requirements on the Contractor with comparable reductions in current contract requirements to maintain a general balance in costs and proceeds versus services rendered. Further, the contract amendment shall seek to more fully clarify roles and responsibilities and the nature, format, and frequency of data and reports, · For the Paratransit System the Administrative Fee for FY 2009 and FY 2010 will be 3% higher than its FY 2008 fee or $397,638 annually. Additionally, the Contractor will be provided a maximum of $150,000 to cover both profit and expenditures to include telephones and verification, physical exams, travel and training, and salary expenses for Service Team Members. The annual maximum $150,000 shall be equally divided into 168 8 the twelve months for purposes of invoicing. Invoices for expenditures shall include required backup documentation and the balance remaining on the monthly allotment shall become profit up to the monthly portion of the annual $150,000 maximum. · One Hundred and twenty days prior to September 30, 2009, the Contractor may terminate this Agreement by written notice to the County. Any such notice to terminate this Agreement shall be given by certified mail, return receipt requested, and shall be effective 120 days from the date of receipt as noted on the return receipt. · This Agreement is subject to the approval of the McDonald Transit Associates, Inc. Board of Directors by close of business at 5:00 p.m. Eastern Standard Time on Friday, October 10, 2008. COLLI" COUNTY ~ By: i orman Feder~rtatiOn Administrator I/~ if IJ? j~ By: Scott R. Teach, Deputy County Attorney By: Rol:iert T. Babbitt, President Dated: October 7, 2008 ATTEST:.,: '1',' ... I) Dwign,t.E. BroeR:. Clerk of Courts BOARD OF COLLIER Chairma DAtt:st': I SIgnature Oft,. Approved as to form and legal sUffie~~ S~ c: !teaeh A ~- ~ / Deputy County Attorney Dated: Jt:/,R )pJ' , By: Tom 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ofticc. The completed routing slip and original documents arc to be forwarded to the Board omcc only after thcBoard has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the exec tion of the Chairman's 51 nature, draw a line throu h mulin lines #1 thrall h #4, com 1ete the checklist, and forward to Sue Filson line #5. Route to Addressee(s) Office Initials Date List in routin order 1. Iti~ PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event om: orthe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the 2. 3, 4, item.) Name of Primary Staff Pam Callis Phone Number 252-2350 Contact Agenda Date Item was October 28, 2008 .A.-'?I? Agenda Item Number 16CI AODToved bv the BCC Type of Document Executive Summary, Resolutio~and Number of Original I Attached Satisfactions of Lien Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners Adopt a Resolution amending Schedule Six of Appendix A to Section Four ofthe Collier County Ordinance No. 2006-27, the Collier County Water-Sewer District Uniform Billing, Operating And Regulatory Standards Ordinance. This amendment corrects scrivener's error and includes a proposed rate for the late payment charge and the vehicle over meter charge; and provides for an effective date of October 1,2008 for Schedule Six of Appendix A of the Ordinance. 6. Minutes and Records Clerk of Court's Office Yes (Initial) NI A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with tbe exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have becn initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are Te uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines' The document was approved by the BCC on 0 008' enter date) and all changes made during the meeting have heen incorporated in the attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. '1)6 1)c.. 1)6 'J)c, 'J)c, '.J)c, 2. 3. 4. 5, 6, t. Forms/ County Fonns/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 126.05, Revised 2.24.05 16C 1 MEMORANDUM Date: October 31, 2008 To: Pam Callis, Revenue Supervisor Utilities Billing From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution: 2008-313 Your document has gone to recording, you wW_~Feive a copy of the document referenced above, (Agenda Item #~, which was adopted by the Board of County Commissioners on Tuesday, October 28, 2008. If you have any questions, please contact me at 252-7240, Thank you 16C lk."?;1 .~':.f,; 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 1992, 1993, 1994, and 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $58.50 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 1992, 1993, 1994, and 1995 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94-668 adoptcd by the Board on September 13, 1994 provided for the recording ofthc list of 1992 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22,1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessment. Resolution No. 95-475 adopted by the Board on August 22,1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien, Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. 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 assessment 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 Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the four accounts that have paid in full for the 1992, 1993, 1994, and 1995 Solid Waste Collection Services Special Assessment Lien. 16C l' FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolutions is approximately $58.50, which is to be charged to County Water/Sewer Operating Fund (408). LEGAL CONSIDERATIONS: The proposed Resolution has been reviewed by the County Attorney and is legally sufticient for Board action. - JAK 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 four Satisfactions of Lien for the accounts listed in the Resolutions and authorizing the Chairman to sign the four Satisfactions of Lien for the 1992, 1993, 1994, and 1995 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service, 16 'l L l' RESOLUTION NO. 2008 - .222.. A RESOLUTION APPROVING SATISFACTIONS OF LIEN FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL, THE 1992, 1993, 1994, AND 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 September 13, 1994, adopted Resolution No, 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, pursuant to Collier County Ordinance No, 90-30, as amended, the Board of County Commissioners on September 20, 1994, adopted Resolution No, 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, pursuant to Collier County Ordinance No, 90-30, as amended, the Board of County Commissioners on August 22, 1995, adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August I, 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, Collier County Ordinance No, 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records Satisfactions of Lien on all accounts that have been paid in fulL NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Pursuant to Collier County Ordinance No, 90-30, as amended, the Board recognizes full payment and receipt of the 1992, 1993, 1994, and 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No, 94-668, 94-694, 95-475, 2000-236, whereupon liens have 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 Page I of2 1 h r" j - OJ IJI 1,' Commissioners and the Clerk are directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 136453 26767 25276 26709 This Resolution adopted thiso18't'hday of OeTO"BEte ,2008, after motion, second and majority vote. ATTEST: , DWIGHT E. IlROCK, ~LERK BOARD OF COUNTY COMMISSIONERS :: COLL]UNTY. FLOmD~ TOM HENNING, CHAIRMAN ved as to form cy: Jeffre Count Item # ~ ~~;;da $Ltf6 D&t~ loh.ll~ Reed ~- Page 2 of 2 This instrument prepared by: Jeffrey A. K1atzkow, County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 16(; 1" Property Folio No. 68041480003 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: BLAZINA TR, JAMES A POBOX 10449 CHICAGO IL 60610-0449 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: POINCIANA VILLAGE UNIT 1 BLK BLOT 21 OR 1711 PG 1659 Folio No. Project No. Account No. 68041480003 65000 26709 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 d fft/'. dayof Oe ro "'BE R. ,2008, , ATTEST: DWIGHT E. BROCK, CLERK B~V Attest ~~ to Ola lM!!MI <<D s l(jnA~Ir.:v~d;' ~to fonn and I ga s lClency: BOARD OF COUNTY COMMISSIONERS OF COLLIER C UNTY, FLORIDA By: Je/Ire Count This instrument prepared by: Jeffrey A. Klatzkow, County Attorney Office of the County Attorney 330 I East Tarniami Trail Naples, Florida 34112 (239) 252- 8400 16G 1~ Property Folio No. 68041480003 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: BLAZINA TR, JAMES A POBOX 10449 CHICAGO IL 60610-0449 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office ofthe Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100,74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: POINCIANA VILLAGE UNIT I BLK BLOT 21 OR 1711 PG 1659 Folio No. PROJECT NO. Account No. 68041480003 61000 136453 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 Chainnan, directs execution and recording of this Satisfaction of Lien, by action of the Boardthiso1l?th day of OCrOiilEIZ ,2008, ,. .. j.. ATTE~T: . . , DWIGHT E'. BROCK, CL-ERK By: AttJJst as tlJ Cha 111Mli 't9n~tura on,. I App ved as to form and g s L Iciency: BOARD OF COUNTY COMMISSIONERS OF COLLI~UNTY, ORIDA By: -~~ TOM HENNING, CHAIRMAN Jeffre Coun This instrument prepared by: Jeffrey A. Klatzkow, County Attorney Office of the County Attorney 330 I East Tamiami Trail Naples, Florida 34112 (239) 252-8400 16C 1 Property Folio No: 68041480003 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: BLAZINA TR, lAMES A POBOX 10449 CHICAGO IL 60610-0449 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: POINCIANA VILLAGE UNIT 1 BLK BLOT 21 OR 1711 PG 1659 Folio No, PROJECT NO. Account No, 68041480003 64000 25276 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 0l8th day of De, 7013 E R. , 2008. ATTEST: DWIGHT E. BROCK, CLERK By: Attest a , slgnilturt OAt", Approved as to form and gal ficiency: BOARD OF COUNTY COMMISSIONERS OF COLLI~iUNTY' F ORIDA <>'I., By: "1__ TOM HENNING, HAIRMAN leffr Coun This instrument prepared by: Jeffrey A. Klatzkow, County Attorney Office of the County Attorney 330 I East Tamiami Trail Naples, Florida 34112 (239) 252-8400 16C 1 Property Folio No. 68041480003 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: BLAZINA TR, JAMES A POBOX 10449 CHICAGO IL 60610-0449 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: POINCIANA VILLAGE UNIT I BLK BLOT 21 OR 1711 PG 1659 Folio No. Project No. Account No, 68041480003 63000 26767 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 d'8'<6}, day of OCrO'J5EI2. ,2008, . v )_~ A TrEST: . DWIGf11' E,BROCK, CLSRK BOARD OF COUNTY COMMISSIONERS OF COLLIE1UNTY, FRIDA By: ~ TOM HENNING, CHAIRMAN ,1onatt1r~ (....:'i...,o. atzkow ey Retr. CLERK TO THE BOARD INTEROFPICE 4TH FLOOR HXT 1240 n~~'7nr.1\ f\!'\. ~~/'\~ T'\I"'. ?'7r.1 ~"I}UO Vh. ~~v~ CU. JIJ! RECORDED in the OFfIcm RECORDS Gf COLLIER COUNTY. PI 11!0312008 at 09:11AM DWIGHT E, BROCK CLERY RBC 16 Gur 1 copm 2,00 RESOLUTION NO. 2008 - ~ A RESOLUTION APPROVING SATISFACTIONS OF LIEN FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL, THE 1992, 1993, 1994, AND 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 September 13, 1994, adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994, adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, ] 995, adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, pursuant to Collier County Ordinance No, 90-30, as amended, the Board of County Commissioners on August I, 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, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records Satisfactions of Lien on all accounts that have been paid in full, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Pursuant to Collier County Ordinance No, 90-30, as amended, the Board recognizes full payment and receipt of the 1992, 1993, 1994, and 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, 94-694, 95-475, 2000-236, whereupon liens have 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 Page I of 2 U* /'In, AUlA vn. 11V1 16C CnG' '''C'l . JIJI.. 1 H* Commissioners and the Clerk are directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No, 136453 26767 25276 26709 This Resolution adopted thiscO'gt-hday of OcTOBER. ,2008, after motion, second and majority vote. ATTEST: ~ ~ DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS :~COLL7UNTY' FLomD~ TOM HENNING, CHAIRMAN Page 2 of 2 This instrument prepared by: Jeffrey A. Klatzkow, County Attorney Office of the County Attorney 330 I East Tamiami Trail Naples, Florida 34112 (239) 252-8400 *** n'l'l'1961i f\T)' Hnn "f'I. ,)'1t') *** 1~~1- ~ vn. 11V1 CU. J/JJ RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FI 11/0)/1008 at 09:11AM DWIGHT E, EROCK, CLERK REC PEE 10,00 COPIES 1.00 Property Folio No. 68041480003 Retn' CLERK TO THE BOARD INTEROmCp 4TH FLOOR EXT 7140 16C l' 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: BLAZINA TR, JAMES A POBOX 10449 CHICAGO IL 60610-0449 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: POINCIANA VILLAGE UNIT I BLK BLOT 21 OR 1711 PG 1659 Folio No. Project No, Account No. 68041480003 65000 26709 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 d 8t:hd;iy of (Je,ro1!Jl: R. ,2008. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER C UNTY, FLORIDA By: Attest ~~ t.o Chnlrmd~ s jQnA~p'?v~d" "to form and I ga s IClency: TOM Jeffre Count This instrument prepared by: Jeffrey A. Klatzkow, County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252- 8400 *** ~~~'O'O ~n, nno~ n~. "C~ *** 1~~I]IV U~. 11V1 r~. JIJ1 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FI Ii/0J/2008 at 09:11AM DWIGHT E, BROCK, CLBRK REC m 10,00 carIES 1.00 Property Folio No. 68041480003 retn' CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 1240 16t 1 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: BLAZINA TR, JAMES A POBOX 10449 CHICAGO IL 60610-0449 The Lien was recorded on the 19th day of September 1994, in Ot1icial Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: POINCIANA VILLAGE UNIT 1 BLK BLOT 21 OR 1711 PG 1659 Folio No. PROJECT NO. Account No. 68041480003 61000 136453 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 Chainnan, directs execution and recording of this Satisfaction of Lien, by action of the Board thiso?~-t'h day of QCrO'1JEI2 ,2008. , , A TTE~T: . DWIGHT E. BROCK, CLERK By: A,ttest a.. to .ct.d 11"!lldll s 19l1ilturtl 011". ' ! App ved as to form and g s L ciency: BOARD OF COUNTY COMMISSIONERS OF COLL~UNTY' ORIDA By: J(}t..- TOM HENNING, CHAIRMAN Jeffre Count This instrument prepared by: Jeffrey A. Klatzkow, County Attorney Olliee of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 *** n'l'l'7I'\'11 on. n40n n". ''1~r *** '1('('/J/! 1\. '1 '1 f\J. JIJJ PRCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FI I1/DJ/2D08 at 09:11AN DWIGHT g, BROCK. CLBRK RBC m coms 10,00 1.00 Property Folio No: 68041480003 Retn' CLBRK TO THB BOARD INTBROFFICE 4TH FLOOR m 1240 16C 1~ SA TISFACTION 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: BLAZINA TR, JAMES A POBOX 10449 CHICAGO IL 60610-0449 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: POINCIANA VILLAGE UNIT I BLK BLOT 21 OR 1711 PG 1659 Folio No. PROJECT NO. Account No. 68041480003 64000 25276 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 c18t:h dayofOe7073~R- ,2008. ATTEST: DWIGHT E, BROCK, CLERK By' Attest a s 19l1lltUrt 001,'_ Approved as to form and gal ficiency: BOARD OF COUNTY COMMISSIONERS OF COLLI~iUN~Y' F ORIDA By: ~. TOM HENNING, This instrument prepared by: Jeffrey A. Klatzkow, County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 *** n"l"l'ln'l'\ "R' n40'~ PI", '7CJCu *** 1~~1~1~ V. 1 1 ~. J RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, F1 11/03/2008 at 09:11AM DWIGHT E, BROCK, CLERK REC FEE COPIBS 10,00 1.00 Property Folio No. 68041480003 Retn' CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 124 0 16r. 1 SA TISF ACTION 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: BLAZINA TR, JAMES A POBOX 10449 CHICAGO IL 60610-0449 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: POINCIANA VILLAGE UNIT 1 BLK BLOT 21 OR 1711 PG 1659 Folio No. Project No. Account No. 68041480003 63000 26767 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 d~t;h day of OCrO-:BER- ,2008. ATTEST: DWIGflT E.BRQCK, CLE,RK atait: t:1onatur-e: O"1'~";!:. 'C' BOARD OF COUNTY COMMISSIONERS OF COLLIE1UNTY, F ORillA By: 't?1--' TOM HENNING, CHAIRMAN ey ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only l!!kr the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the 1 excention of the Chairman's simature, draw a line through TOutial! lines #1 throullh #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (Ust in mutiol! order) 1. 2, 3, 4, \V 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who createO/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact.staff for additional or missing infonnation. All original documents needing the Bee Chainnan's signature are to he delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A royed b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION -rOY/a J\.h (S07~ / () /:1'i I () Phone Number 1{{,tJ I Agenda Item Number Number of Original Documents Attached / Yes (Initial) N/A(Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a fa riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approyaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was~pproved~b.ytheBCC on 1D (entu.date) and all changes made dnring the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. IN 17J (1J I: Forms! eounty Formsl Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2, 3, 4. 5. 6. 16D 1~ MEMORANDUM Date: November 3, 2008 To: Diana DeLeon Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement for Officiating Services Attached, please find two (2) original copies as referenced above (Agenda Item #16Dl) approved by the Board of County Commissioners on Tuesday, October 28, 2008. The Minutes and Records Department has kept one of the original documents for the Board's permanent records, If you should have any questions, please contact me at 252-7240. Thank you. Enclosures (2) RISK MANAGEMENT REVIEW REQUEST TO: Ray Carter Risk Manager FROM: Diana Deleon Contract Administration Purchasing Department ( ~.P ./ DATE: Tuesday, October 28,2008 RE: Review of Insurance for Collier Recreation Baseball/Softball Umpires Association- Sole Source Agreement for Officiating Services for Parks and Recreation. "4 j"J ~ " ! ,..bl. 1'~ The attached agreement was approved by the Board of County Commissioners on Tuesday, October 28, 2008, Agenda Item 16.DJOC , Please review the insurance coverages, they are identical to the prior agreements coverages. This aareement was previouslv reviewed and sianed bv Jeff Klatzkow. Upon review, please forward to the BCC for siqnature, Thank you, Diana Deleon ) ,( . ( " "t ~'I:.J Ir . ,\ Ill,u/71 ...L- ~J' "lit' t",',';:l---~',-I ) \ " "'J d- .- - It I } t c. '1 i ': j',. I ~! . 'J .'i ;1 ',i 16D 11 AGREEMENT FOR OFFICIATING SERVICES This Agreement entered into this 28th day of October 2008, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "County" and the Collier Recreation Baseball/Softball Umpires Association of Naples, Florida, hereinafter referred to as "CRBSUA", The parties hereto agree as follows: SECTION I - CRBUSA will furnish game officials for all adult softball games in the Naples area, SECTION II - The County shall pay CRBSUA, for furnishing adult softball officials in the Naples area, the following rates payable as provided herein: October I, 2008- September 30, 2009: $_23.00_ per game per official Two officials per game. September 30,2010: $_24.00_ per game per official Two officials per game, September 30,2011 : $_25.00_ per game per official Two officials per game, October 1,2009- October I, 2010- The rates include extra inning games, SECTION III: CRBSUA shall provide: A. Officials for all games, minimum of two (2) officials per game. B. A pre-season list of registered officials for consideration by the County shall be furnished to the County before each season or league, The officials must be registered in the local, state, or national organization specific to their sport, C. The County shall have the authority to review the conduct and effectiveness of officials. The County reserves the right to require CRBSUA to replace any official who is deticient in meeting standards established by the Amateur Softball Association and the County, SECTION IV - In the event of postponement or cancellation of a scheduled contest herein, the County shall bear no cost if the game officials(s) or a Board Member of CRBSUA is notified one hour prior to game time. A. If the game official(s) are not notified of postponement or cancellation prior to arrival at the field for a scheduled contest, the official(s) will be compensated for one game even though no game is played, B. In the event a contest which is in progress is canceled due to inclement weather, electrical outage, or circumstances beyond the County's or 16D 1;~ CRBSUA's control, official(s) will be paid for games completed and any games in progress at the time of cancellation. SECTION V - The Agreement shall be in effect from October I, 2008 through September 30, 2011 with the option ofa one (1) year renewal. The County and CRBSUA may agree to extend this Agreement under all of the terms and conditions contained in this Agreement for up to (1) one additional year following expiration ofthe renewal term. Incremental rate increases are allowed during the 2009 and 2010 terms. Amendments to this Contract shall be in writing and signed by both parties. SECTION VI - Payment of officials will be made in accordance with Collier County Purchasing Department and Finance Department procedures, CRBSUA shall render to the County a biweekly statement showing the number of games worked by its official(s). The statement shall contain a certification by an officer of CRBSUA that he/she has reviewed the statement and that the information contained therein is true and correct. This statement shall be mailed to: Collier County Parks and Recreation Department Attention: Athletic Supervisor 15000 Livingston Road Naples, Florida 34109 SECTION VII - It is expressly understood that CRBSUA officials are independent contractors and therefore are not entitled to benefits normally afforded employees of the County. This provision shall not apply to any County employee who acts as an official. SECTION VIII - CRBSUA must include as part of this Agreement, a Certificate of Insurance verifYing a minimum of $500,000 Liability Insurance covering their acts, omissions or negligence hereunder. Should this insurance coverage expire within the terms of their contract, CRBSUA must provide proof of $500,000 Liability Insurance 24 hours prior to the expiration date of the previous policy, The failure of CRBSUA to provide said documentation to the satisfaction of the County shall automatically terminate this Agreement. SECTION IX - CRBSUA agrees to verbally notifY the County's athletic supervisor as to the time and location of organizational meetings one week prior to the respective meeting date. SECTION X - All notices from the County to CRBSUA shall be deemed duly served if mailed by registered or certified mail to CRBSUA at the following address: Collier Recreation Baseball/Softball Umpires Association Mr. Irv Kohn 4246 Longshore Way North Naples, FL 34119 2 16D 1, "i~ All notices from CRBSUA to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Parks and Recreation Department Attention: Athletic Supervisor 15000 Livingston Road Naples, Florida 34109 CRBSUA and the County may change the above mailing addresses at any time upon giving the other party written notification. SECTION XI - If CRBSUA fails to comply with any of the terms and conditions hereof and such default is not cured within five (5) days after written notice is given to CRBSUA, the County may terminate this Agreement. SECTION XII - The CRBSUA will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county, or municipal ordinance; rule, order, or regulation; or of any governmental rule or regulation not in effect or hereafter enacted or adopted. In the event of such violation by CRBSUA, or if the County or its authorized representative shall deem any conduct on the part of CRBSUA to be objectionable or improper, the County shall have the right to suspend this Agreement with CRBSUA should CRBSUA fail to correct any such violation, conduct, or practice to the satisfaction of the County within 24 hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. CRBSUA further agrees not to continue performance under this Agreement occurring the suspension period until the violation has been corrected to the satisfaction ofthe County, SECTION XIII - CRBSUA agrees that there shall be no discrimination as to race, gender, color, creed, or national origin. SECTION XIV - Nothing herein contained shall be created or be construed as creating a partnership between the County and the CRBSUA or to constitute CRBSUA as an agent of the County, CRBSUA is an independent contractor. SECTION XV - Certificate(s) of Insurance - All CRBSUA officials belong to the ASA (Amateur Softball Association) and are thereby covered by the amount of insurance required in Section VIII. SECTION XVI - This Agreement is subject to an annual appropriation for same contained in the County's budget. 3 160 IH~ IN WITNESS WHEREOF, Collier Recreation BasebalVSoftball Umpires Association, and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT<l?. 'B.~~JG.~. Clerk '.. ", . .", BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA COLLIER RECREA nON BASEBALL/SOFTBALL UMPIRES ASSOCIATION By: ----r-'''v,';''' k"hl1 V?/<<:SS/('1c'Y Typed Sigdature and Title Item# (loPl Agenda Date I~Z'6/0'r '~?>'I(j6 Date Rec'd 4 ACORD_ CERTIFICATE OF LIABILITY INSURANCE OPID K ASAUS-1 10 03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Bollinger, Inc. 101 JFK Parkway Short Hills NJ 07078-5000 Phone:800-526-1379 Fax:973-921-2876 INSURED INSURERS AFFORDING COVERAGE Markel Insurance Com an HAIC. 38970 ASA/USA Softball Association Mark Loehrs 2801 NE 50th Street Oklahoma City OK 73111 COVERAGES INSURER A INSURER B- INSURER c: INSURER 0- INSURER E: Everest National IrulUranee Com THE. POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVe ~OR THE POLlCY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ArN CONTRACT OR OTHER DOCUMENT 'MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ ~ TYPE OF INSURANCE - POUCY NUMBER DATE MMIDDIYY DA 1E MMfODIYY LIMITS ~NERAL LlABlUTY EACH OCCURRENCE $2,000,000 A X COMMERCIAl GENERAl LIABILITY 3602AH230069 01/01/08 01/01/09 PREMISES (Ea OcaJr8l'lCe) $300,000 I ClAIMS MADE [!] OCCUR UED EXP (Anyone peI'SOn) $10,000 ~ Inc1 Participants PERSONAL & NJV INJURY $1,000,000 e- GENERAL AGGREGATE $ 5,000,000 n'LAG~EnE ~~ APPlSIPER PRODUCTS - COMPIOP AGG $1,000,000 POLICY JECT LOG ~TOMOBILE UA~UTY COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccident) I-- I-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Perperoon) I-- - HIRED AUTOS BODILY INJURY (Peraccideot) $ - NON-OWNED AUTOS I-- PROPERTY DAMAGE $ {Per accident) =iRAGE LlASIUTY AUTO ONLY - EAACClOENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ ~ESSJUMBRELLA UABIUTY EACH OCCURRENCE $3,000,000 B X OCCUR D ClAIMS MADE 71G1000013-081 01/01/08 01/01/09 AGGREGATE $ 3,000,000 $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSAnON AND ITORy"tlM1TS I IVER- EMPLOYERS' UABIUTY ANY PROPRIETORiPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCWDED? E.L. D!SEASE ~ EA EMPLOYEE $ ~~~I~sr~cN~S~S below E.L. DtSEASE~POUCYUMIT $ OntER DESCRlPTlON OF OPERAnONS I LOCAnONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROYlSIONS Coverage is provided under this policy for umpire associations that are comparised of 100% ABA Registered umpires. Certificate Holder is named as an Additional Insured. Certificate is issued on behalf of Collier Recreation Baseball/Softball Umpires Association. CERTIFICATE HOLDER Board of County Commissioners Collier County, Florida 330 Tamiami Trail East Naples FL 34102 CANCElLA nON COLLIER SHOULD ANY OF THE ABOVE DESCRiBED POUCIES BE CANCE:L1.ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W1U ENDEAVOR TO MAIL ~ DAYS WRIT1E.N Nonce TO ntE CERnFICATE HOLDER NAMED TO THE LEFT, BUT FAU..URE TO DO SO SHAU IMPOSE NO OBUGAnON OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ~ ACORD 25 (2001108) @ ACORD CORPORATION 1988 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 2 Print on pink paper. Attach to original document. Original docum.:nls shlluld be hand delivered to the I~oard Orlkc The completed TOuling slip and original documents are to be forwarded to the Board ontcc only arter the Board has tak<:n action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate lor additional signatures, dales, and/or intomlatiot1 needed If the document is already complete with the exceotion of the Chairman's sie:nature, draw a line through routin!! lines # 1 throu"h #4, comolete the checklist and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 7L- 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Officc PRIMARY CONTACT INFORMA nON (The primary conta::t is the holder of the original docIJment pending Bee approval. Normally the primary clll1lact is the person who created/prepared the executive summary. Primary contact information is needed in the evenl one ofthc addressl.'cs above, including Sue l-'iISlll1, need III cmLact slaff fur addititmal or missing information. All original documents needing the BCe Chairman's signaLure an: to he delivered to the Bee office only aller th" Bee has actl.'d to approve the item.) Name of Primary Staff Frank Ramsey, I-lousing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Number 16D-02 Approved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A.' in the Not Applicable column. whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's OfHce and signature pages from contracts, agreements. etc. that have been fully executed by all parties except the BCe Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date of Bce approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hours ofBCe approval. Some documents arc time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on 10/28/2008 and all changes made during the meeting have been incorporated in the attached document. The Count}' Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. '1L nia I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip \}../WS Original Y.OJ,04, Revised 1.26,O.'i, Revised 2.24.05 Return to 4227416 OR: 4404 PG: 2141 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COURTY, FL 10/31/2008 at 08:27AM DWIGHT B. BROCl, CLBRl RBC lIB 35.50 Frank Ramsey UUS 3301 E Tamiami Trail Naples, FL 34\12 Retn: HOUSING << HUHAN SBRVICBS HORSBSBOB DR INTBROFFICB: FRARl RAMSBY 160 2 File# 09-026-IF This splitt for ruording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100010 OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS Z$f't1 This Agreement is entered into this~ day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordipance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the frrst OR: 4404 PG: 2142 16D ? mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and inunediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written.n Attest: DWIGIITE. BR~J<., Clerk ~\':,.- '_,t ~ '_or BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA By: Attest i, to 010.1 ." '1~ ClAI.J. By: .~~ Deputy Clerk "~;. ~~~; :.:".~;../' OR: 4404 PG: 2143 DEV~ ofc.UiaCooo'Y, I~ BY: ~// ~ Samuel J. If"urso, M.D. President WITNESSES: /;/y/ Print Name: J\'"c V' Kell [c:- L\ Ue;; @2t7~~ nnt Name: ,~~ - T",; , 160 2"" STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this I~ day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who i~ECrsonally known to ",.,. or has produced . --;z:::j identifi9ti. on. ~ ~~. [NOT ~~~~~"" Signan:tary Public . .:- ~ ...... ,~, S ~ .~OT".q,:...I(<'~ ~o.' I, v~ "--<>, . o. : : My Comm. Expires: E :: : August 29. 2010: : ! .. No. DO 590338: g ~ " "~$ ~ \fIJ-". PU8\..\~" S S' ~~ ..,,..:,......Oq:;.!t,' "'11;_'= OF ,\,: "\\,,, II",,,...,,,,, Approved as to form and legal sufficiency: C~l~ Assistant County Attorney /Janna hv<- - -;;-<7/" Print Name of Notary Public . Recommended Approval: /(-~, -" y Krumbine Director - Housing and Human Services *** OR: 4404 PG: 2144 *** EXHIBIT "A" 160 2 LEGAL DESCRIPTION Lot 71, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13561 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be himd delivered to the Board Ollicc. The completed routing slip and original documents are to be forwarded to the Board omce only after the Board has taken action on the item) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infomlation needed. If the document is already complete with the 3i< excention of tile Chairman's sienature, draw a line throueh routine lines # 1 throUllh #4, comnlete the checklist, and forward to Sue Filson (line#5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service Ti- 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Otlice PRIMARY CONTACT INFORMATION (The primary cont3;t is the holder of the original document pending Bee approval. Normally the primary C0ntact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the <lddrcssces above, including Sue Filson, need to emtact slafffor additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the Bee has acted lo approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda [tern Number 16D-03 Approved bv the BCC Type of Document Impact Fee Deferra[ Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicab[e column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most [etters. must be revicwed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Oftice and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossib[ State Officia[s.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chaimlan and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval oftbe document or the fmal ne otiated contract date whichever is a licab[e. "Sign here" tabs are placed on the appropriate pages indicating where tbe Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 10/28/2008 and all changes made dnring the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A [icable) 2. 3. 4. 5. 6. 11-- n/a '11- ~. I: Forms! County Forms! BCe Forms! Original Documents ROllting Slip WWS Original 9.03.04. Revised 1.26.05, Rcvisedf24.05 4227417 OR: 4404 PG: 2145 RICORDID in OllICIAL RlCORDS of COLLIIR COUNTY, lL 1013112008 at 08:27AH DWIGHT I. BROCK, CLIRK RIC lIB 35.50 Rrturu to Retn: HOUSING & HUKAN SIRVIClS , HORSISHOI DR INTIR01PICI: PRAHK RAHSIY 16D 3 Fraok Ramsey HHS 3301 E Tamiami Trail Napl... FL 34112 File# 09-025-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS z.~ This Agreement is entered into this ~ day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) colleCtively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant tq Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "Tht; C()llier Coimty CO\lsolidated Impact Fee Ordinance" , ' (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling wtitis attac~~ as Exhibit "A." 3. The term of this Agreement is fromisS,uanceof this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling wtit(s). 4. The amount of the impact fees deferred shall be paid ~ the COUNTY in full upon the sale of the dwelling wtit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "8," the amount of the deferred impact fees is Twentv Two Thousand Three Hundred Twentv Five and 96/100 Dollars ($22,325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the fust OR: 4404 PG: 2146 16" 3 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year fust above written. Attest: .... r:~ . .' '~ \. -,:0/ (':_.' DWIGIlT.~.BROCK..'t1erk .....-~" .' ----:"I. BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA By~ .u...f.. to ~l S19rtaturt' oft" ~, -By: DEVELOPER: Habitat for . fCollier County, Inc. ~~~ .D. OR: 4404 PG: 2147 160 3"'1 BY: WITNESSES: /;7/{(? Print Name: f\' ,e \::. $ tA \ tch (yei '-, ( 7 d STATE OF FLORIDA COUNTY OF COLLIER 'T' The forgoing instrument was acknowledged before me this -' day of September, 2008, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identificatiol). ~ . [NOT~IiWtu.,." ....',,' ~ LORA.. '::"'- ...' ~ ...... ,~"', SO ~ .~oTA.q.=..~r"^~ $0.- '.'c.:...";. ....<-.. .. ... = : My Comm. Expires ~ 0 : :: : Augu.t 29. 2010: :: :. .. No. 00 590338: i \ ". ."~i ~\S'~" PUB\.\C., ~" -", ...,,..:,,..... O~~,..., "",; (:". OF f\..: \\,'t;, """"1"'\\\' // , :A:<G.- Signature of Notary Public ;$Qf.;1)'7a J,;ua- ~iU Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~ #r(J0-.2 '" Colleen Greene Assistant County Attorney ....~_P arcy Krumb'ne Director - Housing and Human Services *** OR: 4404 PG: 2148 *** EXHIBIT "A" 160 3 LEGAL DESCRIPTION Lot 72, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13565 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 1. Law Enforcement Impact Fee $186.20 K. Sewer Impact Fee $3,616.49 $3,722.39 J. Water Impact Fee TOTAL IMPACT FEES $22,325,96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIl TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO " 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT t' Print on pink paper. Attach to original document. Original documents :j]wuld be hand delivered to the Board omcc. Thl.': completed rouling slip and original documents arc to he forwarded to the Board Office only after the Board has Laken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or illfomlation needed. If the document is already complete with the 4~ excePtion of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (Iinc#5). Route to Addressee(s) Office Initials Date (List in routinl! order) I.Frank Ramsey Housing and Human Service 7i- 10/29/08 2. Chairman Tom Henning BCC , Y. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary conta:t is the holder of the original document pending Bee approval Normally the primal)' contact is the person who cn:atcdlpreparcd the executive summary. Primary contact information is needed in the evenl one of dlC addn:sstcs above, including Sue Filson, nced to l,;mtact staff j()f additional or missing information. All original documents needing the BCe Chairman's signature are to he delivered to the BeC office only after the Bee has acted to approve the item.) Name of Primal)' Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Number 16D-04 Approved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has heen signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Omce and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan' s signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 10/2812008 and all changes made during the meeting have been incorporated in the attacbed document. Tbe County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 11-- n/a 11- 1: Forms/ County forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Rdurn to 4227418 OR: 4404 PG: 2149 RECOROED in OFFICIAL RlCORDS of COLLIER COUN'Y, FL 10/31/2008 at 08:27AM DWIGH' E. BROCK, CLERK REC lIB 35.50 Frank Ramsey HIlS 3301 E Tamiami Trail Nopl.., FLJ4112 Reto: HOUSING & HUMAN SERVICES HORSESHOE DR IN!EROFFICE: FRANK RAMSEY 160 ,... File# 09-024-IF This space for rttording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS Z,8"'" This Agreement is entered into this~y of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit>> A.>> 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred., assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first OR: 4404 PG: 2150 16D 4~ mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10"10) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. . : I ,~; Attest: ". DWIGHfE. BROCK, C<<:rk By: . BOARD OF COUNTY COMMISSIONERS COL~UNTY'RORID~ By TOM~k~ AtastJ... tel. t'h6l'i~ , Sionatureon,. OR: 4404 PG: 2151 DEVELOPER:Habita~C= BY: ~;;::Pc~C/ Samuel J. Durso, M President WITNESSES: --)~~.. '. ^ -"/ /// - Print N~:: \;c .' . Kc Cd;;hC'((( S ~ / /'- .J) lY77P4- ;. tv /' JYrint Name: f-H:ti:- T;~/d . 160 4-- STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this I 3 day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is, personally known to me or has produced as identification. [NOTARlAh\~"', ~~ ~/ (~- ",\ 1'> LOR", "'" Signature of Notary Public . ~.... ~ ....... ")"0. iI',,- ~O~..\\OTA.q ':"~"'^ ';. .... . . 'v '*" ::~. 'v':, ~ : My Comm. Expires .~ 0 ! ; : AuouII 2i. 2010: = '! " No. 00 580338: $ ~ ~ ~ S ~~~ ".~Y.'~\~'~<)~~ ""II~ OF f\..O,,"'" """"11""'\\ Approved as to form and legal sufficiency: ~ ~(jOA Colleen Green Assistant County Attorney o - NOr/J1C1 )~J'~ --rr~j<.J Print Name of Notary Public ' Recommended Approval: /co ~ arcy Krumbi e Director - Housing and Human Services *** OR: 4404 PG: 2152 *** EXHIBIT "A" 160 4 LEGAL DESCRIPTION Lot 73, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13569 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Cornmunity Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 1. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMP ACT FEES $22,325.96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16!lD :5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original document:. should be hand delivered to the Board Office. rhe completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the cxcention of the Chairman's sionature, draw a line throuoh routim" lines # I throuol) #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Officc Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 7i- 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary conta:t is the holder OfU1C original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of ~le addressces above, including Sue Filson, need lo ccntact staff J(Jr additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to thc Bee office only after the BCC has acted to approve the item,\ , Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Number 16D-05 Aooroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordimmces, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl Slate Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval orthe document or the Fmal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be <1vvare of our deadlines! The document was approved by the BCC 011 10/28/2008 and all changes made during the meeting have heen incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A lic.ble) 2. 3. 4. 5. 6. rL "'11- n/. VL 11- I: Formsl County Fonns/ BCC Forms! Original Documents Rouling Slip WWS Original 9.03.04, Revised 1,26.05. Revised 2.24,05 Retura to 4227419 OR: 4404 PG: 2153 RICORDID in OPPICIAL RICORDS of COLLIIR COUlfY, PL 10/31/2008 at 08:21AN DWIGHT I. BROCI, CLIRI RIC PI! 35.50 Frank Ramsey UUS 3301 E Tamiami Trail Naples, FL 34112 Retn: HOUSING , HUMAN SIRVICIS HORSISHOI DR IRTIROPPICI: PRARI RAMSIY 160 5- File# 09-023-IF Tbis spate for rttordiog LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS z.etn This Agreement is entered into this.f4l" day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description oftbe dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting tbe criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount oftbe deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96). 5. The deferred impact fees shall be a lien on the plOperty described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first OR: 4404 PG: 2154 16D 5~ mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWI9.:lfl'E:nR~K, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY FLORIDA By::. A~ IS to'0l41.,...>1 ' 119M. cOlli'.. >~ .'. ',' \.iUj'.f-" By' OR: 4404 PG: 2155 16D 511 ::EWPERI..m~~~'I", Samuel . Durso, President WITNESSES: ~;::?'~ Print Name: rJ Ie l< [(C l\ loll e{[I<', rint Name: /J:{ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /~ day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced .' ~. . _ as identification. [NOT~~tt.I.., L~/4~f /~ ,2J;- ",,~..p.. LOA """ ~gnature 0 Notary/ blic $'~~' ......~..)"~ .$"0 ..~OTA,q}.!. ~"=;.. .::~.' '.~~ ~ . IJ . e,...o'" = : Il'f~ Comm. Expires ~ 0 i = :. August 29, 2010: = :: . No. 00 590338. :: 0::. . . ~ "'(,fl' .:: ~r..,;:"'~(J8L\X"'^~.t " :_l::- ..... ~'v~ ""11 OF FLO ,\",.,. 'IIII..n"'" /\~( 111(1 )4111 - j.~-'/' Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: -toJJ.~-/~ Q..... Colleen Greene Assistant County Attorney j, _J ~. y Krumbi e. Director - Housing and Human Services EXHIBIT "A" *** OR: 4404 PG: 2156 *** 16D 5 LEGAL DESCRIPTION Lot 74, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, oftbe Public Records of Collier County, Florida STREET ADDRESS 13573 Koinonia Drive, Naples, Florida 34114 EXIDBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 1. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board (Jffice The cOl1lpktcd TOuling slip ,md original documents are to be forwarded to the Board OHice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infimnalion needed. !fthe document is already complete with the 6 -t..' excention of the Chainnan's sil!nature, draw a line through routing lines # 1 throul!h #4, comolete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Officc Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service ~ 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary cont~t is the holder o1'1l1e original document pending [~CC approvaL Normally till.: primary contact is the person who created/prepared the executive summary_ Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to cmtact staff for additional or missing information. All original documents needing the Bee Chairman's signaturc an: to be delivered to the Bee office only atter the Bee has acted to approve the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Number 16D-06 Approved by the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A"' in the Not Applicable column, whichever is a ro riate. Original document bas been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed hy all parties except the Bee Chairman and Clerk to the Board and ossibly Slate Officials.) All handwritten strike-through and revisions have been inilialed by the County Attorney.s Office and all other arties exce t the BCC Chailman and the Clerk to the Board The Chainnan's signature line date has been cntered as the date of Bee approval ofthc document or the fmal oe otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the ehainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC ottice within 24 hours of Bee approval. Some documents are time sensitive and require fOlwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines~ The document was approved by the BCC on J 0/28/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a (icable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. '11-- --rt- 7L 7-L '1L n/a I: Forms! COlUlty Forms! BeC Forms! Original Documents Routing Slip WIJ.,.'S Original 9.03 04. Revised 1.26.05, Revised 2.24.05 4227420 OR: 4404 PG: 2157 RICORDID in OFFICIAL RlCORDS of COLLIIR COUNTY, FL 10/31/2008 at 08:27AM DWIGHT I. BROCI, CLIRI RBC FIB 35.50 RriurD to Frank. Ramsey uus 3JOl E Tamiami Trail Naples, FL 34\12 Ratn: HOUSING . HUMAN SIRVICIS HORSISHOI DR INTIROlFICB: FRAHI RAMSIY FiIe# 09-022-IF 16D6 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS za-P'l This Agreement is entered into this-j-04lll day of October, 2008, between Collier County, a political sulxlivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twentv Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferraIs of impact fees and this Agreement shall nm with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first ,______.~_.._.__w_____._._~__,__._....____.__ OR: 4404 PG: 2158 mortgage or other security interest, this lien shall otherwise be superior and paramount to l6 D 6 interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10"10) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHTE. BR.QG~Clerk . ... .." , ~-' ,~ BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY FLORIDA By: .. .1 l~Hto~".' S19114tim.OIIU ,~:/ . '/[ ..L' -.). ~\\';;" ...>L.:;;r,'" By: OR: 4404 PG: 2159 DEVELOPER: Habitat fo um.ap.~ of Collier County, Inc. ~~) Samuel J. 0 , M.D. President 16D6 BY: WITNESSES: -] , ~// Print Name: I\.' Ie\< Vr lllc \V(Ci) STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this 1.5 day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personallv known to m" or has produced as identification. ~J ~ 1 [NOT~~S~J"", S~~rNOtary PUbl/J ,:oO~ .... 'TAl '... $~ ,"k.orA~',"~ ~ $ ... P'.~";. : . AlYCom I, (<\:' = . Au m.E~p. . '-= = : gu.t29 UB,.O: = . No. DO ,2010: i 'S"cn. ", 5903Js" S ':0-"'" . 10,_ ,'~ ~-V^".~CJLI~...^"", A~ ,;.~... ... ~,..i'-,...- "'" OF FLO""' "" 11'''"lIIn''\\ fJorlYla ,trd. 0:)u Print Name of Notary Pubhc Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene Assistant County Attorney A::Y~~b:: ' .. -~~ -r- Director - Housing and Human Services *** OR: 4404 PG: 2160 *** EXHIBIT "A" 16D6 LEGAL DESCRIPTION Lot 75, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13577 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMWACTFEEBREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMW ACT FEES $22,325.96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP.16 D.. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otrice. The completed TOuting slip and original documents are to be forwarded to the Board Ollice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. ]1'thc document is already complete with the 7 exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist and forward to Sue Filson (line#5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 7i- 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMA nON (The primary conta::t is the holder of the original document pending Bee approval. Normally the primary contact is the perSOll who created/prepared the executive summary. Primary contact information is needed in the event one of Ule addressees above, ine1u:1ing Sue Filson, need to cmtact statTtor additional or missing infonnation. All original documents needing the BCe Chairman's signature are to he delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Number 160-07 Approved bv the BCC Type of Docwnent Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been tully executed by all pal1ies except the BCC Chainnan and Clerk to the Board and ossibl State Ofticials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan' s signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a) lieable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCe on 10/28/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A plicable) 2. 3. 4. 5. 6. '1L '::fI- n/a R 71-- I: Fonns! County Forms! Bee Forms! Original Documents Routing Slip WV/S Original 9.0304, Revised 1.26.05. Revised 2.24.05 4227421 OR: 4404 PG: 2161 RICORDID in OllICIAL RICORDS of COLLIIR COUNTY, lL 10/31/2008 at 08:27AM DWIGHT I. BROCl, CLIRl RIC lIB 35.50 Retura to Retn: HOUSIRG & HUKAN SIRVICBS HORSISBOI OR IRTIROllICI: lRAll RAMSIY 16D7 ~ Frank. Ramsey HHS 3301 E Tamiami Trail Napln, FL 34112 File# 09-021-IF Tbis 5"" for rcc:ordilll LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ~~ This Agreement is entered into this ~ day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first OR: 4404 PG: 2162 16D7 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penaIties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. ------ -' .,"'," BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .By -t~4.3 TO H G,C~ Attest: .< DWIG~,-.w.'Bit~jletk ~? OR: 4404 PG: 2163 BY: 16D7 WITNESSES: ",/'";::'~/ c /' /> _ Print Name: fl.' I C (< t<r { ){(Ji??c"J /) STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / :s day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for HumanitY of Collier County, Inc., who i~rsonall}'-known t<l!ne or has produced as identification. 11;;' ~ 2" /$z- signature of Notary Public [NOTARIAL SEAL] \\,'UIIt..",,/. ",,~~p... LOR ",,_ SO ~~.. ...... ~..)'- it" ~ 0 ..~OTA,qj!. A\ ~ ~~,' .;~~ .:: . . (,0":. : : My Comm. Expires ~ 0: = : August 29, 2010: :: ~ ~ No, 00 590338 : $ "";.<P',. .. $ ~..~~~UBL\~..'^"'j' ".7~_(:'_ " .., ~,'V~ ""11 OF FLO ,\,,"t 111111"""'" NO//J1" Ja,;:,- - ~ .II" Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: Q~~ Colleen Greene Assistant County Attorney ,l_c--d j J' ,/ M cy Krumb(n Director - Housing and Human Services *** OR: 4404 PG: 2164 *** EXHIBIT" A" 16D7 LEGAL DESCRIPTION Lot 76, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13581 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.1 8 I. Law Enforcement Impact Fee $186.20 1. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. 6 n THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU j Print on pink paper. Attach to original document. Original documents should be h.md delivered to the Buard OITiel.::. The completed routing slip and original documents are to be f(lfWarded to the Board Office only after the BOlled has taken action on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the 81 exception oflhe Chairman's sil!nature, dmw a line through routing: lines # 1 through #4, complete the checklist, and forward to Sue Filson (1ioe#5) Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 7t- 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court"s Office PRIMARY CONTACT INFORMATION (The primary conta::t is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary conlact information is needed in the event one ofdle addressees above, incllding Sue Filson, need to cOltact staff for additional or missing information, All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the item) Name of Primmy Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Number 160-08 Approved by the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. I. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce )t the BCC Chairnlan and the Clerk to the Board 3. The Chairman.s signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCe: approval. --d I Some documents are time sensitive :md require forwarding to Tallahassee within a certain ' fI-- time frame or the BCCs actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 10/2S/200S and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a lica ble. Yes N/A(Not (Initial) A licable) 71- 7L nla I: Forms! County Fonns/ Bec Forms/ Original Documents Routing Sl1p WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Rdura to 4227422 OR: 4404 PG: 2165 RICORDID in OPPICIAL RICORDS of COLLIIR COUNTY, PL 10/31/2008 at 08:27AM DIIGHT I. BRocr, CLIRr RIC m 35.50 Frank Ramsey HHS 3301 E Tamiami Trail Napks, FL 34112 Retn: HOUSING , HUKAR SIRVICIS HORSISHOI DR IRTIROPPICI: PRARr RAMSIY 16D8 File# 09-020-IF This spaa for rttordiog LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS 28 "f1.1 This Agreement is entered into this~ day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twentv Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred., assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first OR: 4404 PG: 2166 mortgage or other security interest, this lien shall otherwise be superior and paramount to the16 D ~ interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: . ....... .., DWIGHT)i.;B~Qterk ~:-.n",.. ',..,',"-' . .:' ",_.' ',.'_:_',1. ,:. ':, . . ,.,~.. ,"..i -, <. ay... '. . ." '. . '. "". ,,:,., ~ -..,'--. ',. ,.' ..' .".' , : '" '3..." &-t,astO Cb4J~ , ~'Oftl..,., " '/'. ('\1 . ;,)l... BOARD OF COUNTY COMMISSIONERS COLL/COUNTY. FWRllJA ~h'- 1*1hcor TOM G, ChaiDn9n' I OR: 4404 PG: 2167 BY: DEVELOPER: Habitat fi r H . of Collier County, Inc. ~?cr-- S ue\ J. 0 , M.D. President 16D8, WITNESSES: /,-;/,-/ .../ ~,/c-'~" Print Name: IU f (I~ ((CL.\ (a C\("::"(y,..., /) ~~~ pr[nt Name: /7 ! ;e /d,:!f;~;. [NOTARIAL SEAL] \""nufI"" ,\\ Or:. I,,, ",....... t.. nA...... 'I" ... _"'-or- ..... , ~ '- J'~~~~01AA~',;~~ ~O.' ',V-:- --~. . .o~ : c:;: My Comm. Expue': -: :: : MQust 29, 2010: : ;, .. No. 00 590338: .: ~ " ,'~1 ~ d"'lo.... PU8\.\':-'~:rt~ '''';' ...... 0"-.,." If"~"~ ~ Of f\.: \", "I",,,,,,,,,,,' STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /S day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to m", or has produced as identification. ~~~~ Signature of Notary Public N()r/Nk{ ,~tltJ-- -?;<,}jti Print Name of Notary Public ' Approved as to form and legal sufficiency: Recommended Approval: c/~~ Colleen Green Assistant County Attorney /cl~)j J Director - Housing and Human Services *** OR: 4404 PG: 2168 *** EXHIBIT" A" 1 6 D 8 ~t:i LEGAL DESCRIPTION Lot 77, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13585 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 t.. D 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAnm~ Print on pink paper. Attach to original document. Original documenls should be hmld delivered to the Board Office The completed TOuting slip and \lriglllal documents arc to be 1~)fwarded to the Board atTice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate fOT additional signatures, dales, and/or infonnation needed. [fthe document is already complete v,'ith the excention of the Chairman's sionature, draw a line throuoh routinp" lines # 1 throu"h #4, comnlete the checklist, and forward to Sue Filson (Iind5) Route to Addressee(s) Office Initials Date (List in routinQ order) I.Frank Ramsey Housing and Human Service W- 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioncrs 6. Minutes and Records Clerk of Court's Office PRIMARY CO NT ACT INFORMATION (The primary cootx1 is the holder of the original document pending B('C approval. Normally the primary wlltaet is the person who created/prepared the executive summary, Primary contact information is needed in the event one of dH.: addressees abllYe, inclining Sue rilson, need to cmtact staff tor additional or lllissing intormation. All original documenlS needing the Bee Chairman's signature arc to be delivcred to the Bee o!fice only after the Bee has acted to approvc the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Number 16D-09 A"nroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufticiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Altorney.s Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the finalne otiated contract date whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware ofvour deadlines! The document was approved by the BCC on 10/28/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A Jplicable) 2. 3. 4. 5. 6. 7L nla '11- '%L 1tL I: Forms! COWlty Forms/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 126.05, Revised 2.24.05 Retura to 4227423 OR: 4404 PG: 2169 RBCORDBD in OPPICIAL RlCORDS of COLLIBR COUNTY, PL 10/31/2008 at 08:27AM DWIGHT B. BROCl, CLBRl RBC PBB 35.50 Frauk Ramsey IUIS 3JOt E Tamiami Trail Naplcs, FL 34112 Retn: HOUSING & HUMAN SBRVICBS HORSBSBOB DR INTBROPPICE: PRANK RARSBY File# 09-019-IF 16D9 Tbis space for rec:ordiug LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS Z.8~ This Agreement is entered into this ~ day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: L This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this AgreemenL This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first OR: 4404 PG: 21]0 16D9 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release ofIien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the defuuIt is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payahle. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHTE:flROO~ Clerk '." 'i' BOARD OF COUNTY COMMISSIONERS COLU~7UNTY, LORID~ 'By: .J'fJL TOM HENNING, Chai By:. .... ..tIS to ~Il~ '-.. J;>eputy Clerk .tl'iW:t 011'., " .. ""'i. c.' ,,' OR: 4404 PG: 2171 BY: WITNESSES: A' /' ."/. ~//"".l -L:;../.~/' Print Name: It I c LK C lc \:-- i h ec(i ') ~ ..~~ / ~N_. .. .~E7#~ 16119-. STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this 15 day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. ~OTARlALSEAL] -,. ~ ~ ~- :4 "\\'"1111",,, Signature o~tary Pu~ "'~~tr- LOR.... ""'oll ~n...~~ ....... ..~ If',. $'O~-..~OTAIi~..~ ''$ ~-.S . . ~ '* .......... . (,000- @ :' My Comm. Expires ~ 0 \ ': : August 29. 2010: : ~ '. No. 00 590338" i ~ . . ~ ~~'" PU8,-\~,"~"r1 '"..,.,....... flo"'!1t.~ ""/~ OF f'-O,\"" "",,,,,,,,,,,' Approved as to form and legal sufficiency: ~~~ Colleen Greene Assistant County Attorney j.JtJ(,??/) it<<- -.r;e/~ Print Name 0 Notary Public Recommended Approval: ~", ~D *** OR: 4404 PG: 2172 *** EXHIBIT "A" 16 D 9 i" LEGAL DESCRIPTION Lot 78, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13589 Koinonia Drive, Naples, Florida 341 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450. 18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES 522,325.96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original document:; should be hand delivered 10 the Board Offici,.':, The completed routing slip and original documents afC to be forwarded to the Board omce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #llhrough #4, complete the checklist and fOf\','ard tu Sue Filson (line#5) Route to Addressee(s) Officc Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service '71- 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary conta::t is the holder of the original document pending Bee approval Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofdle addressees above, including Sue Filson, need 10 cmtact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to tht. BCe uffice unly after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/2812008 Agenda Item Number 16D-10 Approved by the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a fO riate. Original document has been signedlinitialcd for Icgal sufficicncy. (All documents to bc signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages f1'om ordimmces, resolutions, etc. signed by the County Attomey's Office and signature pagcs from contracts, agreements, etc. that have been fully executed by all parties cxcept the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attomcy.s Office and all other arties excc t the Bce Chairman and tile Clerk to the Board The Chainn,m's signature line date has been entered as the date ofBce approval oflhe document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of Bce approval. Some documents are time sensitive and require fOffi/arding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCe on 10/28/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Offiee has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 71- n/a 7JL 1?- I: Forms/ County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 126,()5, Revised 2.24.05 Retur. to 4227424 OR: 4404 PG: 2173 RICORDID in OFFICIAL RICORDS of COLLIIR COUN!Y FL 10/31/2008 at 08:27AM DWIGHT I. BROCK, CLIRK ' RIC FIB 35.50 Frank Ramsey HIlS 3301 E Tamiami Trail Napleo, FL 34112 Retn: HOUSING << HUKAN SIRVICIS HORSISHOI DR INTIROFFICI: FRANK RAHSIY 16D10 FiIe# 09-018-IF Tbisspaa for ruonliog LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 1000/0 OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ~t"1 lbis Agreement is entered into this ~ day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. lbis Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida., known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and 96/1 00 Dollars ($22.325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferraIs of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except OR: 4404 PG: 2174 16P1~ - that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10"10) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. By: .~ IttiIItJS to.Cha.'. . -. . '. " ,.;:'\ i-"'-'IlII'f" . ..' . ............ .....51l.'i1. -iI'~' BOARD OF COUNTY COMMISSIONERS COLLIER /TY, FLORIDA. Br.~~ ~"<O1 TOM HENNIN ,Chairman Attest: .' \. . '.';, f , j . DWIGI:l'l' E. BROCK, Clerk OR: 4404 PG: 2175 DEVELOPER: Habitat for H ity of Collier County, Inc. ~ BY: WITNESSES: ,;;/1""~.7::/ ___? ,../-e,r- ~ Print Name: It', C I( k('l i ((' hoc< ") 4, ~t Name: i-&~ 16D10 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this t? day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is E!W"'n~l1y lawwp to me or has produced as identification. ~~~ ~ .42 Signature ofNdf3ry Public [NOTARIAL SEAL] '\""",",,,, ", OR ," '!t'\ \.. A..l". "" ~''''~~''-';~R''';''-'9~'':.ol! i~'","O ...V\ $ 0:' eJ,I\\III" 0 s ..<.'. .1 COft''''. rlO. - ".M~ -to .~ " . H>QIl'I"io33t . :: -:. ~ IlO~ : ~ '$ '"' J'U" .' tii/I. "\ .... ptJ8\..,,!-' ~~"1i.Oif\..~ ".........,.tJiII"" /J()j /J7a J.eP/.L -~j/J Print Name of Notary Public . Approved as to form and legal sufficiency: Recommended Approval: Q&POJAA ~ Colleen Greene / Assistant County Attorney /l_ J/ *** OR: 4404 PG: 2176 *** EXHIBIT "A" 16DIO LEGAL DESCRIPTION Lot 79, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13593 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Cornmunity Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMP ACT FEES $22,325.96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board OJTic~' The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or inii.mnation needed. If the document is already complete with the execution of the Chairman's signature, draw a line throulIh lOutin!! lines # 1 throul!h #4, camulete the checklist, and forward to Sue Filson (line #5). Route to Addressee( s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 7f- 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk 0 r Court's Office PRIMARY CONTACT INFORMA nON (The primary contoct is the holder of tlle origlllaJ document pending Bee approval Normally the primary CO!lUld is the person who created/prepared the executive summary. Primary contact information is needed in the event one oftlle addressees abllVe, including Sw: Filson. need 10 cmtact staff for additional or missing information. All original documents needing the BCe Chairman's signa1ure are to he delivered to the Bce otlkc only aller the BCe has acted to approve the item) Name of Primary Statf Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Numher 16D-ll Aooroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attacbed I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a TO riate. Original document has been signed/initialcd for legal sufficiency. (All documents to be signed by thc Chaimlan, with the exception of most letters, must be reviewed and signed by the Office ofthc County Attorney. This includes signature pages 11.0m ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have becn fully executed by all parties cxccpt the BCe Chainnan and Clerk to the Bnard and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the Bce Chairman and the Clerk to the Board The Chairman's signature line datc has been entered as the date of Bee approval of the document or the final ne Totiated contract date whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in tbe BCC office within 24 hours of BCC approval. Some documents are time sensitive and require fOf\-varding to Tallahassee \\"ithin a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the Bec on 10/28/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan 'es, if a licable. Ves (Initial) N/A(Not A licable) '11- 3. n/a 2. 4. 5. '#- 6. l: Forms/ County Fanus! Bee Forms/ Original Docum~nts Routing Slip WWS OnginaI9.0J.04. Revised 1.26,()), Revised 2.24.05 Return to 4227425 OR: 4404 PG: 2177 RECORDED in OFFICIAL RlCORDS of COLLIER COURTY FL 10/31/200B at OB:27AM DWIGHT E. BROCK, CLERK ' RBC FIR 35.50 Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 Retn: HOUSING << HUMAR SERVICES HORSESHOE DR IRTEROFFICB: FRAMK RAMSEY 16Dll File# 09-017-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS Z-l> f'h This Agreement is entered into this ~ day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22,325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first OR: 4404 PG: 2178 h .. h' I. h II h . b . d lh 6 D 1 .1 mortgage or ot er secunty mterest, t IS len s a ot erWlse e supenor an paramount to t e interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (l 0%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments caleulated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, By: ::; . AttIt1 II to ~ I S19ft.t~.~I. ,"~~ "',,", ::1 - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,~ Attest: ,.,1> o. DWIG\;Jl' E. BROC~Clerk By: TO OR: 4404 PG: 2179 I6DIl WITNESSES: ~~~ Print Name: II) I c.!< t<i. (( Ie [1 c. r< ') ST ATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this. i 5 day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known~e or has produced as identification. [NOTARIAL t\U.4lIlt}""", ,\,\" LOR..q ""1: ,,~t--...... "l"..t\.;t'..o ~~ .~O"A.q~..~~<::. ic.- ",v\, : ~ l My Comm. Ex~i(" .. 0 '! ; : August 29. 2010: : -; .. No, 00 590338: ! ~ -'. .t !tl "c.P!Io. '. ,oUB\..\~'~()~ ','-'Jt,..;,..... O""~~~ -",,; ~ OF f\,; \\\,'It 11""..",,\,\ MII/na )tJ ,{,,-. 7: 'i- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: Q,O~~ I Colleen Greene Assistant County Attorney ~_, .-P' M rcy Krumbine. Director - Housing and Human Services *** OR: 4404 PG: 2180 *** EXHIBIT "A" 16D 11 LEGAL DESCRIPTION Lot 80, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13597 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 c. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMP ACT FEES $22,325.96 . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original document:> should be hand deliver~d 10 the fJoard Oflicc The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item) ROUTING SLIP 16D12 Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed_ If the document is already complete with the excention of the Chairman's silInature, draw a line through routinl! lines #] through #4, complete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 71- 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk ofCourt's Otllce PRIMARY CONTACT INFORMATION (The primary contoct is the holder of the original document pending Bee <lpprovaJ. Normally the primary contact is the person who created/prcparl.':d the executive summary. Primary contact information is needed in the event one of tlle addrc:;sees above, including Sue Filson, nl.':cd to cmtact stafffor additional or missing information. All original documents needing the Bee Chairman's signaturl.': are to be deliven:d to the Bee o!1ice only alter the Bee has acted to approve the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Number 160-12 Approved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicahle column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages ti.orn contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval ofth. document or the final ne otiated contract date whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours or Bce approval. Some documents are time sensitive and require forwarding to Tallahassee with in a cel1ain time frame or the Bee's actions are nullified. Be aware of your deadlines! The document was approved by the Bee on 10/28/2008 and all changes made dnring the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed tbe chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. H- nla 11- ~ I: Forms/ COlUlty Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 224.05 Return to 4227426 OR: 4404 PG: 2181 RECOROED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/31/2008 at 08:27AM DWIGHT E. BROCK, CLERK REC m 35.50 Frank Ramsey HHS 3301 E Tamiami Trail Naples. FL 34112 Retn: HOUSING << HUHAH SERVICES HORSESHOE DR INTEROFFICE: FRANK RAMSEY 16D12 File# 09-016-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ~ t"'I This Agreement is entered into this tzf' day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twentv Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22,325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first OR: 4404 PG: 2182 mortgage or other security interest, this lien shall otherwise be superior and paramount tJt{) D 12, interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: ., . t.:) ~" DWIGHn'tBROCKl....Clerk ~,.:' . '.-::. BOARD OF COUNTY COMMISSIONERS COLLIER 7NTY, F ORIDA :'/~ ~ TOM HENNING, Chairman OR: 4404 PG: 2183 BY: 16D12 WITNESSES: /" - '7 ----- c/' /~~,:./ Print Name: ~ ST ATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (5 day of September, 2008, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. //k~~ ~ Signature of Notary Pubiic [NOTARIAL "'n~t'~"'"'''''' ~'$'" iPIJ LO", "" * ~ .... r7;f "... ~~O,"~OTA~" ">- ~ ~""'.' J.='.~~ ... tJJ .~,.. = : mYComm E . ':. c-; i : Augu'/29 'p"..: 0 ;: i t. No. DO, ,2010: : ."fi. 60338. ~ "...~. .0 . ~ 'It:fi.!{~~1Ji.'~~'' ~ "Ii, t:lf/i ,...~\v...$' """",,,"....... 4 NIJ,/?Jt-( locG~ - Print Name of Notary Public ~i:7/;j I Approved as to form and legal sufficiency: Recommended Approval: 0/ukiee-Y\JhM,~ I Colleen Greene Assistant County Attorney l '] ~.~/ --'\..------- cy Krumbine Director - Housing and Human Services *** OR: 4404 PG: 2184 *** EXHIBIT "A" 16U12 LEGAL DESCRIPTION Lot 81, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13601 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 c. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMP ACT FEES $22,325.96 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16.. 0.. 13 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original docurm:nts ~hLlUld be hmvJ delivered to the Board Office. The completed fOLlting slip and \mginal documents are to be forwarded to the Board Office only after the Board has takell action on the item l ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infom1ation needed. ]1' the document is <llready complete with the excention o1'1l1e Chairman's signature, draw a line throul!h routing lines # I throw!h #4, comnlete the check! is!, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routin!! order) I.Frank Ramsey Housing and Human Service ~ 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Officc PRIMARY CONTACT INFORMATION (The primary conta::t is the holder of the original document pending Bce approval. Normally the primary contact is the persoll who crcatedipn:pared the executive summary. Primary contact informiltion is needed in the evenl one oj" dle addressees ahove, including Sue Filson. need to cmtacl staff for additional or missing information. All original documents needing the BCC Chairman's signature arc to be delivered to the Bee otficl.: only alter the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Item Number 161)-13 Annroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and ossibl' State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties excc t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BeC approval of the document or the final ne otiated contract date whichever is a licahle. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception). the original document and this routing slip should be provided to Sue Filson in the BCC omce within 24 hours of Bee approvaL Some documents are time sensitive and require forwarding to Tallahassee \vithin a certain time frame or the Bee's actions are nullined. Be aware of your deadlines! The document was approved by the Bee 011 10/2812008 alld all changes made durillg the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A plicable) 11- 2. Ilia 3. 4. 5. rfL 6. I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised t2Cl05. Revised 2.24,05 Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 4227427 OR: 4404 PG: 2185 RBCORDBD in OllICIAL RBCORDS of COLLIBR COUR1Y lL 10/31/1008 at 08:17AM DWIGH1 B. BROCK, CLBRK ' R t RBC lIB 35.50 e n: HOUSING << HUMAR SBRVICBS 1 HORSBSHOB DR IN1BROmCB: lRAHI RAMSBY 6 D 13 Return to File# 09-015-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS U'1l-\ This Agreement is entered into this ,.,fb day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Jmpact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount ofthe deferred impact fees is Twenty Two Thousand Three Hundred Twentv Five and 96/1 00 Dollars ($22.325.96). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first OR: 4404 PG: 2186 16u13 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: \<j DWIGl:ITE;; BRO@K,Clerk By: AtteSt as teCNI"*, ,t9ll.t~ GIH It ,> . '.'t...~ t: ~". ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~ti. - ~~r 1 I, Chair I OR: 4404 PG: 2187 ::VELO~~"",y,[", Samuel J urso, M.D. Presid t WITNESSES: ~----' /7-;:;:::;,;""--- ':.-..-/Y"" Print Name: /? /" r /.(0(, k.lic-;Jf';'-! /)~/(// pci"O.t Name: ~ I ,^ I I u;u4 "":i 16013 ST ATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (5 day of September, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. &v't\,\'UllIIIIIIC [NOT~".:~~~~.:""'" :t ~ ..OTA,q...j-~-:, ~o...~ "..~<::. ...~. . ~o;. ; : My Comm. Expires .~ 0 ! ; : August 29. 2010: = -:. -. No. DO 590338: $ ~ . . ~ ~~~" ,p. UB,,',?,'~<JT...~~ ...,./". .. ~ I' ",;."""- '111,lt OF p\..O,\.\"\: 'h""",,,,\' Approved as to form and legal sufficiency: C ()OQp.PPc~ Colleen Greene Assistant County Attorney NO"?1J ;;f~' ~. 'f,,; 1) pJnt Name of Notary Public Recommended Approval: -..P ~j. L f"- arcy Krumbi e Director - Housing and Human Services *** OR: 4404 PG: 2188 *** EXHIBIT" A" 16il 13:,~ Lot 82, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, ofthe Public Records of Collier County, Florida LEGAL DESCRIPTION STREET ADDRESS 13605 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities 1mpact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 '~'- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 14 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exce tion of the Chainnan's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin order I, Marlene Foord Grants Office 2, Colleen Green County Attorney PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one ofthc addressees above, including Sue Filson, need to contact staff for additional or missing infonnation All original documents needing the Bee Chairman's signature are to be delivered to lhe Bee office only after the Bee has acted to approve the 3, 4, 5, Sue Filson, Executive Manager Board of County Commissioners item.) Name of Primary Staff Pamela Keyes Phone N urn ber 252-2980 Contact Agenda Date Item was 10-28-2008 Agenda Item Number l6,D,14 ADDroved by the BCC Type of Document Agreement Number of Original I Attached Documents Attached 6. Minutes and Records G -ca CaJl ac,J t'lq~-I Yes (Initial) Clerk of Co~'s Office f\\li\.\, (Ut1W<.1J;~ I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reyiewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and reyisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approyal of the document or the final ne otiated contract date whichever is a Iicable, "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception). the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of Bec approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated n the attached document. The Count Attorne 's Office has reviewed the chan es, if a lieable. c..tv( (s-- NA I: Fonnsl County Fonns/ Bec Fonnsl Original Documents Routing Slip WWS Original 9,03.04, Revised 126.05. Revised 2.24.05 2. 3, 4. 5. 6, MEMORANDUM Date: October 29, 2008 To: Pamela Keyes, Environmental Specialist Coastal Zone Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Florida Boating Improvement Program Grant Agreement (FWC Contract # 08079) Enclosed you will find three (3) original documents (Agenda Item #16D14), adopted by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If! can be of any further assistance, please call me at 252-7240. Thank you, Enclosure (3) 16D14 ,.,.,...1\{) , J ~~~. ',. /'~.. , ,~. 1r\;. -,. ,. t./ .-1' Florida Fish and Wildlife Conservation Commission COl1lml~"'IOnet~ Rodney Barreto Chair Miami Brian S. Yablonski Vice-Chair Tallahassee Kathy Barco Jacksonville Ronald M. Bergeron Fort Lauderdale Richard A. Corbett Tampa Dwight Stephenson Delray Beach Kenneth W. WrIght Winter Park Executive Staff Kenneth D. Haddad Executive Director Nick Wiley Assistant Executive Director Karen Ventimiglia Deputy Chief of Staff Division of Law Enforcement Colonel Julie Jones Director (850) 488-6251 (850) 921-6453 FAX Managing fish and wildlife resources for their long- term well-being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearing/speech impaired: (800) 955-8771 (T) (800) 955-8770 (V) MyFWC.com 16D 14 September 24, 2008 RECEIVED SEP 25 2008 COASTAL ZONE MANAGEMENT Clinton Perryman, Project Manager Coastal Zone Management Department Collier County Board of County Commissioners 3300 Santa Barbara Boulevard Naples, Florida 34116 RE: Contract No, 08079 Florida Boating Improvement Program (FBIP) Grant Agreement Bayview Park Improvements Dear Mr. Perryman: Enclosed are three (3) originals of the Grant Agreement for the FY 08/09 FBIP grant award to Collier County, Please have the Grant Agreement reviewed, signed by the authorized designee and return all originals to me, Upon full execution, an original will be returned to your office, If you have any questions or need further information, please do not hesitate to give me a call at (850) 410-0656, Ex!. 17127 or e-mail me at Susanna,Stephens@MvFWC.com or Tim Woody, Ex!. 17173, e-mail Tim,Woodv@MvFWC. Sincerely, ~ Susanna Stephens, Program Administrator Florida Boating Improvement Program Boating and Waterways Section /ss Enclosures 16D 14 FWC Contract No. 08079 FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION," and the COlLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is 3300 Santa Barbara Boulevard, Naples, Florida 34116, hereafter "GRANTEE" to conduct a two phase project entitled Bayview Park Improvements, hereafter "Project," using funds from the Florida Boating Improvement Program, hereafter "Program." NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: GRANTEE ELIGIBILITY 1. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to fUlly perform the contract requirements and the integrity and reliability that will assure good-faith performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F.S., and all other applicable rules and laws. 2. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. SCOPE OF SERVICES 3. It is understood and agreed that this Agreement shall consist of two phases: Phase I - Project Construction, and Phase II - Project Management. During Phase I the GRANTEE shall complete the project, as described in Attachment A, Scope of Work, attached hereto and made a part hereof, and F/orida Boating Improvement Program (FBIP) Grant Application No. 08-021, incorporated herein by reference. All Phase I activities must be completed during the time span provided herein for that portion of the Agreement. During Phase II the parties shall cooperate in the ongoing and continuous management of the Project under the terms and conditions provided herein. 4. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including the construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 5. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be fully responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any sub-grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 6. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. Page 1 of 10 16 D 14 FWC Contract No 08079 7. The GRANTEE shall commence work on Phase I of the Project within six (6) months of execution of the Agreement Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and may result in termination of the Agreement by the COMMISSION. 8. The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator to ensure the requirements of Chapter 287, F.S., have been met 9. The GRANTEE shall provide a draft of any study or brochure to be produced with grant funds to the COMMISSION for approval prior to final printing and submission for payment Further, at least 21 days prior to printing the COMMISSION shall review and approve all proposed publications that will be funded by this Agreement to ensure that environmental and boating safety issues are effectively addressed. At its discretion, the COMMISSION may elect to have its representative inspect printed material prior to its release from the printing vendor. The GRANTEE agrees to inform the COMMISSION at the completion of printing of any materials so that the COMMISSION may exercise this option. 10. The GRANTEE agrees not to proceed with Phase I construction until all necessary permits are obtained. 11. The GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than four (4) feet by six (6) feet in size, displaying the COMMISSION's official logo for launching projects, or shall attach a permanent plaque for marine projects, or use some other manner of acknowledgement for non-construction projects, approved by the COMMISSION, identifying the COMMISSION as a funding source for the Project Such acknowledgement shall be maintained for a period of 20 years or the duration of the Agreement Failure by the GRANTEE to maintain such acknowledgement shall be considered a breach of the Agreement 12. The GRANTEE, at its expense, shall purchase, erect and maintain directionai signs, approved by the COMMISSION, on main public highways to direct public users to each boating facility funded through the Program. The GRANTEE agrees to provide and maintain such signs at its expense for a period of 20 years or the duration of the Agreement Failure by the GRANTEE to erect and maintain such signs shall be considered a breach of the Agreement 13. All engineering must be completed by a professional engineer or architect registered in the State of Florida. All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws. 14. For Phase II of this Agreement, which shall include the entire term of the Agreement, the GRANTEE shall provide and be responsible for any and all costs associated with ordinary and routine operations and maintenance of the Project, including any and all personnel, equipment or service and supplies costs beyond the costs approved for reimbursement in Phase I of this Agreement 15. The GRANTEE shall allow unencumbered access to the Project site to the COMMISSION, its employees or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the facility is being maintained, in operation and is open and available to the public. As part of the inspection, the COMMISSION may request maintenance and use information from the GRANTEE to validate the condition of the facility. Page 2 of 10 16 D 14 FWC Contract No. 08079 REPORTING REQUIREMENTS 16. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of Phase I of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the form provided by the COMMISSION, Attachment S, attached hereto and made a part hereof, and due to the COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion is submitted. 17. During Phase I, the GRANTEE shall provide progress and final photographs of any construction project documenting satisfactory progress and completion prior to requesting payment from the COMMISSION. Final photographs shall be submitted with the Certification of Completion form. 18. Upon completion of Phase I, the Project Manager for the GRANTEE shall sign a Certification of Compietion form, Attachment C, attached hereto and made a part hereof, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications and the terms of this Agreement. PROJECT INSPECTION 19. The COMMISSION may, inspect the Project site prior to and during the construction of the Project. The GRANTEE shall notify the COMMISSION's Program Administrator when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The COMMISSION's Program Administrator, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. SITE DEDICATION 20. The GRANTEE agrees that land owned by the GRANTEE that is developed with Program funds shall be dedicated for a minimum of twenty (20) years as a site for the use and benefit of the public. The dedication shall be recorded in public property records by the GRANTEE. Land under control other than by ownership by the GRANTEE (i.e. lease, management agreement, cooperative agreement, interlocal agreement or other similar instrument) and developed with Program funds shall be managed by the GRANTEE for a minimum period of twenty (20) years from the completion date set forth in the Project Certification of Completion (Attachment C). Title to all improvements shall be retained by the GRANTEE upon final payment by the COMMISSION. 21. Should the GRANTEE, within the 20-year period set forth above, convert all or any part of the Project to other than COMMISSION approved uses, the GRANTEE shall replace the area, facilities, resource or site at its own expense with a project acceptable to the COMMISSION of comparable scope and quality. In the event the Project is converted to use for other purposes during this period and not replaced with a like project acceptable to the COMMISSION, the GRANTEE agrees to return to the COMMISSION all funds tendered for the original Project. TERM OF AGREEMENT 22. This Agreement shall begin upon execution by both parties and end June 15, 2030, inclusive. However, the GRANTEE shall complete all Phase I project services on or before June 15, 2010. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. Page 3 of 10 16 D 14 FWC Contract No. 08079 23. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval Failure to execute this Agreement shall render the award of funds null and void, and shall result in termination of this Agreement. COMPENSATION 24. For satisfactory completion of Phase I of the Project, Bayview Park Improvements, by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $ 400,000. 25. The maximum amount of compensation shown in paragraph 24 is based on the GRANTEE's estimated total project cost of $400,000 in FBIP application # 08-021. If the actual cost of the project is less than the estimated total project cost, compensation by the COMMISSION shall not exceed 60% of the actual total project cost. PAYMENTS 26. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of a final invoice, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. The invoice must be submitted within 30 days after completion of Phase I of the Project. The invoice shall include the FWC Contract Number and the Grantee's Federal Employer Identification (FEID) Number and should be in a fomnat similar to Attachment D, sample invoice form. An original and three (3) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 27. Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion of Phase I of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for documented and verified costs. The COMMISSION will not pre-approve or disburse any Program funds in advance. Failure to complete the Project and make final payment request to the COMMISSION within the stipulated period shall result in termination of this Agreement. Any funds not disbursed or expended by the end of the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes. 28. No travel expenses are authorized under the terms of this Agreement. 29. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I, attached hereto and made a part hereof as Attachment E. 30. The COMMISSION shall have 45 working days to inspect and approve goods and services. 31. Any Phase I Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict any or all payment of Program funds pending correction of such deficiencies. 32. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 33. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize Federal funds for payments under this Agreement. In the event Federal funds become available for Page 4 of 10 16014 FWC Contract No. 08079 such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be amended to include applicable Federal Requirements. 34. Invoices, including backup documentation, shall be submitted to: Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399-1600 TERMINATION 35. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 36. The COMMISSION may terminate this Agreement at any time with or without cause by a written notice by certified mail, return receipt requested, from the COMMISSION to the GRANTEE. The GRANTEE will stop all work immediately upon receipt of the written notice. The COMMISSION will pay the GRANTEE in quantum meruit for the work that was satisfactorily completed prior to the date the notice of termination was received. 37. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all property belonging to the COMMISSION. For the purposes of this section, property belonging to the COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the COMMISSION. TAXES 38. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. NOTICE 39. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Collier County Board of County Commissioners Coastal Zone Management Department 3300 Santa Barbara Blvd Naples, FL 34116 Phone: (239) 252-4245 Fax: (239) 530-6531 Email: clintonoerrvman@collieraov.net Attn: Clinton Perryman, Project Manager Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, FL 32399-1600 Phone: (850) 488-5600 Fax: (850) 488-9284 Email: fbio@MvFWCcom Attn: Susanna Stephens, Program Administrator AMENDMENT OR MODIFICATION 40. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein Page 5 of 10 16D14 FWC Contract No 08079 contained shall be valid unless in writing and lawfully executed by the parties. 41. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g., specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 42. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 43. The GRANTEE covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 44. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 45. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 46. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 47. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES 48. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. Page 6 of 10 16 D 14 FWC Contract No. 08079 RECORD KEEPING REQUIREMENTS 49. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly refiect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise These records shall be maintained for five (5) years following the close of this Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 50. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 51. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 52. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON-ASSIGNMENT 53. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 54. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 55. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 56. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such Page 7 of 10 16D14 FWC Contract No. 08079 manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 57. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 58. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. PROPERTY/EQUIPMENT 59. The GRANTEE is not authorized to use funds provided herein for the purchase of any non-expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 60. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non- State organizations that are recipients of State financial assistance to comply with the audit requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment F, titled Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the Agreement, as applicable. 61. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. RIGHTS IN PROPERTY. COPYRIGHTS, AND INVENTIONS 62. All items, materials or products, of any description, produced or developed by the GRANTEE on behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any proprietary interest in the products and materials developed under this Agreement. 63. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions and/or processes that may result from any experimental or developmental research performed under this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government may reserve ultimate jurisdiction over title and right privileges. 64. Regardless of title or ownership of the products and materials developed under this Agreement, the COMMISSION and the State of Florida shall reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is Page 8 of 10 16 D 14 FWC Contract No. 08079 involved in support of this Agreement, the Federal Government shall also reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. ENTIRE AGREEMENT 65. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. (Remainder of page intentionally left blank.) Page 9 of 10 16D14 FWC Contract No. 08079 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Chairman, or designee' Executive Director, or designee _IO/:J..Jf JaOO& Date Date -10"" ~\\It\\~ Name (Print) Co'\,. Ct>1AI\~Y ~~ ~ ~~ tD~,SSlOw.r.s Grantee Nam Co ~?lO\ "\"/lM,\M\A." TY".;lf Address ~~.~L 3il,^ City, Sate, and Zip Code ~-boo055g Federal Employer Identification Number (FEID) By: ^ \',,:' Alb.-it II tel CM 'fgA4~' ~ l~",' . Approved to fomn and legality: 0~/vI~ Grantee Attorney , List of attachments/exhibits included as part of this Agreement: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Exhibit 1: Scope of Work Monthly progress report form Certification of Completion form Sample invoice form Comptroller Cost Reimbursement Requirements Federal/Florida Single Audit Act Requirements Funds awarded pursuant to agreement '"If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the local governing body must accompany the Agreement. Page 10 of 10 16D14 FWC Contract # 08079 ATTACHMENT A SCOPE OF WORK Bayview Park Improvements INTRODUCTION The purpose of the project is to increase boating access to Naples Bay by renovating the public launching facility located at Bayview Park in Naples. Bayview Park is considered a preferred site because of its unique location within Naples Bay and is heaviiy used by boaters in Collier County. In the past three years there have been over 45,500 boat launches per year at this park. This demand exceeds the designed capacity of the launching facility. This project will increase boat launching capacity by replacing the existing two-lane boat ramp with a three-lane ramp. Also, the existing fixed wooden boarding dock will be replaced with a new fixed wooden boarding dock and an additional 150-foot fioating dock will be installed This project shall consist of two phases: Phase I - Project Construction, and Phase II - Project Management. During Phase I, Collier County (GRANTEE) shall complete the tasks in this scope of work. During Phase II, the GRANTEE and the Florida Fish and Wildlife Conservation Commission (COMMISSION) shall cooperate in the ongoing and continuous management of the Project for the term of the Agreement. TASKS During Phase I of the project, the GRANTEE shall be responsible for completion of the following tasks: Task 1 - Reolace the boat ramo located at Bavview Park, 1500 Danford Street. Naoles A. Demolish and completely remove the existing two-lane concrete boat ramp B. Construct and install a new, three-lane concrete boat ramp Task 2 - Docks A. Demolish and completely remove existing fixed wooden dock and pilings B. Construct and install a 4 foot wide by 50 feet long, fixed, wooden boarding dock adjacent to the boat ramp C. Construct and install a 10 feet wide by 150 feet long, floating boarding dock adjacent to the boat ramp Task 3 - Acknowledqement Siqn The GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than four (4) feet by six (6) feet in size, displaying the COMMISSION's official logo identifying the COMMISSION as a funding source for the Project. REPORTS A. Monthly Activity Reports The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of Phase I of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the form provided by the COMMISSION and due to the COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion is submitted. B. Bid Package The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program Administrator for review prior to soliciting for quotations or commencing any work. The Page 1 of2 16D14 FWC Contract # 08079 ATTACHMENT A COMMISSION's Program Administrator shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator to ensure the requirements of Chapter 287, F.S., have been met. C. Photographs During Phase I, the GRANTEE shall provide progress and final photographs of any construction project documenting satisfactory progress and completion prior to requesting payment from the COMMISSION. Final photographs shall be submitted with the Certification of Completion form. D. Certification of Completion Upon completion of Phase I, the engineer, architect or other appropriate professional for the GRANTEE shall sign a Certification of Completion form, provided by the COMMISSION, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications. INVOICES AND PAYMENTS For satisfactory completion of the above services, the COMMISSION agrees to pay the GRANTEE on a cost reimbursement basis an amount not to exceed $400,000. The GRANTEE shall submit a request for reimbursement, accompanied by the required reports, no later than 30 days following completion of Phase I. The request for reimbursement shall include the following: an invoice in a form similar to Attachment D, Sample Invoice Form; a signed Certification of Completion form, Attachment C; final photographs; required documents as described in Attachment E, Comptroller Contract Payment Requirements. Page 2 of2 16014 ATTACHMENT B FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # Reporting Period (Month/Year): (Due 15 days after the end of each month) Grantee: Project Title: 1. Describe tasks completed this month: 2, List deliverables provided to FWC this month: 3, List tasks scheduled to be completed during next month: 4, Is project currently on schedule for completion by June 15, 2010? YES NO (If No, please explain any problems encountered and/or possible delays) Project Manager Date Page I of I 16 D 14 ATTACHMENT C r;;:;;,1I{ , """~' ." FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM CERTIFICATION OF COMPLETION STATEMENT I, (Print Name and Title) representing (Name of Local Government) do hereby certify under oenalties ofoeriurv, as provided in s. 837.012, Florida Statutes, that the Florida Boating Improvement Program project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project, (Signature) (Date) STATE OF FLORIDA, COUNTY OF ( Personally appeared before me this day of subscribed and swore to the above instrument in my presence, ,200_, who Notary Public Name: My commission expires: (SEAL) CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the Agreement. Division: By: Date: Name: Title: 16 D 14 ATTACHMENT 0 INVOICE Billed to: Remit payment to: Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399-1600 Grantee: FEID#: Address: Dates of Service: FWC Contract #: Project start date: Amount of Grant Award: $ Project end date: Invoice Date: PROJECT COSTS: ~\W;~M!w,~ J~~,. In-kind service: Administration $ $ $ In-kind service: Project Management In-kind service: Other "~r;" c.. .--,,,.. . h $ $ $ $ $ $ Total Project Cost: $ Grantee Matching Funds (non-cash + cash): - $ Amount for Reimbursement: $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Date: Page 1 of 1 16D14 ATTACHMENT E Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay, If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable, (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid), If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means, (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1,017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273,02, Florida Statutes, for subsequent transfer to the State, (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Page I of 1 ATTACHMENT F 16014 REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. MonitorinCl 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 Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a iimited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. ' AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required, In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e" the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Fiorida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHiBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,' including state financial assistance received from the Commission other state agencies, and other non-state entities. State financial assistance does not inciude Federal direct or pass-through awards and resources received by a non- state entity for Federal program matching requirements. Page 1 of3 16D14 In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes, This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Fiorida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS There are no other audit requirements PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular A- 133, as revised. Pursuant to Section .320 (I), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: Page 2 of3 16D14 The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directlv to: The Commission the following address: Audit Director Florida Fish and Wildiife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director by phone at (850) 488-6068. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, uniess extended in writing by the Commission. Page 3 of3 16D14 FWC Contract # 08079 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None, COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None, STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None. SUBJECT TO SECTION 215,97, FLORIDA STATUTES: State Agency: State Program: CSFA No,: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 77.006 Collier County Board of County Commissioners $400,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1, Project activities must occur on public lands owned outright or managed under agreement with another party with lease terms exceeding 20 years. 2. Project activities must not create a boating safety hazard and/or increase the potential for damage to natural resources. 3. Recipient must comply with the Florida Boating Improvement Program Guidelines, January 2008. 4, Recipient must comply with all Commission rules, policies and procedures as well as all other state and federal rules. NOTE: Section ,400(d) of OMB Circular A-133, as revised, and Section 215,97(5)(a), Florida Statutes, require that the Information about Federal Programs and State Projects Included in Exhibit 1 be provided to the recipient. 1-6D 18 MEMORANDUM DATE: December 11, 2008 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract: #08-5115 "Resurfacing of Parki~g Lots for Coastal Zone Management" Contractor: B.Q. Concrete, LLC Enclosed, please find a copy, referenced above (Agenda Item #16DI8) approved by the Board of County Commissioners on Tuesday, October 28, 2008. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures ITEM NO.: Cff-P~C.-O'O~ ~~Ml.6D 18 COUNTY AJTOP1NEY FILE NO.: ROUTED TO: DEe - 4 10M II : S:I REQUEST FOR LEGAL SERVICES DO NOT WRITE ABOVE THIS LINE Date: November 21,2008 From: Office of the County Attorney Attention: Colleen Greene Lyn M. Wood, C.P.M., Contract Specialist J. A. . Purchasing Department, Extension 2667 CJ1rs~ t d- - ~ - '(:)'<6 CfYlG P \ q, . C\ DSsZ- To: Re: Contract: 08-5115 "Resurfacing of Parking Lots for Coastal lone Management" Contractor: B.a. Concrete, LLC BACKGROUND OF REQUEST: This contract was approved by the BCC on October 28, 2008, Agenda Item 16.0.18 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Colleen, please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: AI Madsen, ClM MEMORANDUM 16D18 TO: FROM: Ray Carter Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist 1" . Purchasing Department CJV November 21,2008 DATE: RE: Review Insurance for Contract: 08-5115 "Resurfacing of Parking Lots for Coastal Zone Management" Contractor: B.Q. Concrete, LLC This Contract was approved by the BCC on October 28, 2008, Agenda Item 16.0.18 Please review the Insurance Certificates for the above referenced contract and the attached letter. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. OATE RECEIVED NOV 2 4 2008 IUS\<.. ~ dod/LMW C: AI Madsen, ClM ~ WW\\tsunbiz.org - Department of State Page~ of2 .L6D18 Previous on List Next on List Return To List ~_vents No Name History Detail by Entity Name Florida Limited Liability Company B.Q. CONCRETE, L.L.C. Filing Information Document Number L05000073794 FEI Number 203251088 Date Filed 07/27/2005 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 11/30/2006 Event Effective Date NONE Principal Address 48 WICKLIFFE DRIVE NAPLES FL 34110 US Mailing Address 48 WICKLIFFE DRIVE NAPLES FL 34110 US Registered Agent Name & Address QUARLES, BUDDY 48 WICKLIFFE DRIVE NAPLES FL 34110 US Manager/Member Detail Name & Address Title MGRM QUARLES, BUDDY 48 WICKLIFFE DRIVE NAPLES FL 34110 US Annual Reports Report Year Filed Date 2006 11/30/2006 2007 07/16/2007 2008 01/24/2008 Document Images Q1L?..4.L2QQ_~-=-A.bIlillALREPQRI http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in.Ldoc_number=L050000737...11/7 /2008 . Www':sunbiz.org - Department of State Page 2 of2 QZ!lB!2QQZ.=-AN.NUAI",..R!;PQ.RI lli3Q!2QQB-- REINSTATEMENT 07/27/2005 - Florida Limited Liability 16D18 Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List 1~""__.._.....~...__...w~qm~q...J Events No Name History Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=L050000737...11/7 /2008 A G R E E MEN T 08-5115 for 16D18 ResurfacinQ of ParkinQ Lots for Coastal Zone ManaQement THIS AGREEMENT is made and entered into this 28th day of October, 2008, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and B.a. Concrete, L.L.C., authorized to do business in the State of Florida, whose business address is 48 Wickliffe Drive, Naples, Florida 34110, (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall begin upon receipt of a Notice to Proceed from the Project Manager and shall be completed within seventy-five (75) business days. Any extension of this Agreement shall be by zero dollar change letter. 2. STATEMENT OF WORK: The Board of County Commissioners deemed B.a. Concrete L.L.C. to be qualified. Contractor will enter into this Agreement to provide complete services for resurfacing parking lots for Coastal lone Management, hereinafter the "Work", in accordance with the terms and conditions of Bid #08-5115 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 3. THE CONTRACT SUM: The Owner shall pay the Contractor thirty-one thousand one hundred twenty-five dollars ($31,125.00) for the resurfacing of Tigertail Beach Parking Lot and twenty-four thousand three hundred twelve dollars and fifty cents ($24,312.50) for the resurfacing of Barefoot Beach Parking Lot. 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: B.a. Concrete, L.L.C. 48 Wickliffe Drive Naples, Florida 34110 Attention: Buddy auarles Fax: 239- 594-5351 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Page -1- Collier County Coastal lone Management 3300 Santa Barbara Boulevard Naples, Florida 34116 Attention: AI Madsen Fax: 239-353-4061 16D18 The Contractor and the County may change the above mailing addresses at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. Page -2- 16D18 This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor/ in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. PAYMENTS. The Contractor will be paid upon completion and acceptance of the Work by the County Project Manager or his designee. 14. PAYMENTS WITHHELD. Owner may decline to approve the Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory Page -3- . 16D18 prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. Page -4- 16D18 A Change Order in the form attached as Exhibit A to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized . by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 18. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 19.CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under this Agreement shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under this Agreement shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with this Agreement, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page -5- 16D lip 23. TESTS AND INSPECTIONS. If this Agreement or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 24. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. . The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in this Agreement is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. Page -6- 16D18 If Owner considers the Work (or designated portion) substantially complete, Owner shall advise the Contractor in writing and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with this Agreement and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit B, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of this Agreement, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) If required by Owner, data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Coastal Zone Management Department. 28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No. 08-5115, and addendum. 31.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Page -7- 16D18 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor 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 at8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor 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. 35. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 36.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 37.AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page -8- 16D18 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. L Second Witness <- 0 V\erd UtY\~ Type/Print Witness Name Approved as to form and legal sufficiency: t~1Y?~ Assistant County Attorney Colleen m 8veenL Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '-i- ~ tom Henning, Cha an B.a. Concrete L.L.C. By: fJ contract,:----- ~nature 8..,//" ~"Y".> Typed Signature fre5/d e",,-I- Title Item# LbD~ Agenda .~ D\2-i\lB Date Date ~g Rec'd ~ ~ & RtUdlk Deputy Clerk Page -9- EXHIBIT A CHANGE ORDER 16D18 CHANGE ORDER NO. CONTRACT NO. 08-5115 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now <-J calendar days. The substantial completion date is and the final completion date is. . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -10- EXHIBIT B 16D18 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 OWNER By: Type Name and Title Page -11- Nov. 20. 2008 12:32PM PARLIN INS AGENCY 239-263-8696 POlicy Number: 9090002256 No. 4043 p,116D 18 ACORDu. Date Entered: 5{1/2007 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Parlin Insuranoa Agan.ey PO Box 366691 BQn~ta Springs, 24520 Produotion cr., #4 BQnit~ Springs, FL 34135 Phona:(239)"263-3141 Fax: (239) 263-6696 FL 34136 DATE (MMlDtJNY'N) 11/20/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEf{. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIEs BELOW_ IN$UR);I;I INSURERS AFFORDING COVERAGI:; NAIC# BQ CONC~TE INC. BUDDY QUARLES 46 WICKLtFFE OR. NAPLES, F~ 34110 ~SURERA~ORTHPOINTE INS. CO. INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSI)RANCI: LfSTt:O J:lIilLOW HAVe BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI1E POLICY PERIOD INDICATED. NOTWITH$l"ANoING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH Ttils CERTIFICATE MAY BE ISSUED OR MAY PEIlTAIN, rHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HER~IN 1$ SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONolTIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REO\JCE;D BY PAID CLAlMS, INSR ADD'l TV"~ "F 1t<""RAHOE POLIGYNUMBER POLICY EFFI!~E PR~~Cl EXPJMtlON LIMITS GEN'ERAL LIABILITY EACI-IOCCURRENCE $1,000,000 A X Z ==rMERcrAL GENERAL LIABiliTY 8090002256 3/26{2006 3/28/2009 g~~b~~J?E~~~~~n6c\ $100,000 X CLAIMS MADE [ZJ OOCUA MEO EXP (Any 01\& ~&r""n\ $5.000 LIMITS ARE AS PERSONAL &ADV INJURY $1,000,000 OF INCEPTION GENER^LAGGR~GArE ,2,000,000 l'5?/'l AGG~EnE LIMIT APn PER: I'AOoUOTS - COMP/OP AGG $2,000,000 POLICY )~R; lOO ~TOMOIlILii LIAIIILITY COMBINED SINGLE llMl1 S ANY AUTO (E" "odden\) I-- I-- All OWNED AUTOS BOOll Y INJURY $ SOHEOUlEO AUTOS (Per ~&mon) '-- - HIRED AUTOS BOOILY INJURY (Par ~CCldanl) $ - NON-OWNED AUTOS PROPERTY DAMAGE $ (Per ..ccidenl) RRAGI! LIABILITY AUTO ONLY -EAACCIOENT $ ANY AuTO OTHER THAN EAACC $ AUTO ONLY: AOO $ ::5ESS/UMBRELLA LIABiliTY EACH OCCUARENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ ~ DEOLlOTIBlE $ RETENTION S II '. WC STATU, I lOJ,tf- WORKERS COMPENSATION AND EMPLOYiiR5' LIABILITY E.l. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMI'~OYEE $ ~~~er~L'~~'6V:~f8~s below E.L. OISa...SE - FOUOYLlMIT $ OTHER [J~tfRlPTl~~OF 'b"~MW~~'t'8~1'IO'!U~~li3/IiXOl:MSJON5 AD~Y ENDORS~Et-lT I SI'~CIAL FIiOVfelONll CO eRE C , Y & F NCE E CTION ADDITIONAL INSURED: COLLIER COUNT~ BO~ OF COMMISSIONERS PRO.JEC~ : 08-5115 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD O~ COMMISSIO~RS 3301 'lAMIAMI 'lRAIL E. ~APLE$, FL 33957 FAX: 252-6597 ACORD 25 (2001/08) FrOdu~d uaJng Forma Boao Plus .oll:w'.rl!>. ,,,,,,,,,.f'Ortn.Ba',,l;A;lm; IlllprossiVE> PllblishfmT 800-208.1977 GUlf COAST INS INt 7195 DAVIS BlVO #205 NAPIg, fl34104 J.6D18 PRODREJ:IIVE~ OI1~' Commercial Auto Insurance Coverage Summary This is your Renewal Declarations Page polky nu.mber. 0259l040-4 Ul'ldetWlitten by: Progressive Express 111$ Comp.3ny Aprn9. 2008 Poliq f>eriod: Apr 5, 2008 ' ApI' 5, 2009 f>ag@ 1 of 2 progressiveagent.com ~lIf11! Service ~f<~ payments. check billing activity. print poticy do<:lJm~ts. or check the Status of a dilil'll. Named insured BQ CONCRETE INC 48 WICKlifFE DR NAPLES, FL 34110 J,.II~. I, ,I. u II. 11 tIIl,," h n. .11. ..11...1.1.1..1 r..' .11...1' 239.4Ol.3940 GULF COAST INS INC: Contact your ageot for personalized 5elVite. 800-444-4487 for cuS1Qmer ser'ilce If your ilge~t is lInavililable or to mpart a claim. Yourcoverage bQgan on Aprii S. 2008 at 12:01 a.m. This policy expires on AprilS. 2009 at 12;01 a.m. This covef<lge summaI}' replaces your prior one, Your insurance policy and any policy endolWments contain a full explanation of your coverage. The policy limits shown for an auto may not be combined with the,limits for the same cO'il!rage Oil 3nother auto, unless the policy contract allows the stac~ing of limits, Thli! policy contract is foon 6912 (03/0S), The contract is modified by forms l435FL (12/06), Z228 (07/05), 165m (08/06). 2852fl (10/04), 4757FL (10/04), 48S2fl (10/04) and 4SS1FL (10/04), :rile f'.;mea-ifr.Med~llrnZ:'6tiofl.type.iii'o1l c.crpoi<lticn. Outline of coverage ileS(rip1lM limit;. De~~ Premium liatiiii~.io' Othe;S................. ," ,...,......... ""'.. '...'. ........... ,.... ........., ..... ...... ,............. .... ............... ..,.... ,'.... .,...... '$(540 .. .~~ilx.I.I!~~. ~~~. ~~i?~.~~ .~~.~~ Y~~i,I!~y., ,..,... .J~~~:.~?~ .~?r::~i.~, ~.j~Q~,~i~i.~.................... .....",., ......,..... ,...,......., ..... Uniosured Motorist Non-Stacked $500,000 combined single limit 2.58 B~j~'P~~~~i'I~j~;Y'p'roi~Ctio;;'".''''''' .........................,.... ........,...... ........'.... ...... ,....,........ .......... ""'.. ....... ....... .'"'' i43 Without Work Comp-Named Insured Only $ 1 0,000 each !)elSon $0 M~dic~lp~'y~ent~..'."""" ..., ,.. ..... ......."...... ''', ... $2:000'~~h' pe;$~~""" ...........,. ..... ,......,. ............",..".."... ,...,'... '38 iil~A~~i'Theftwith"C~mbi~'e;i'Additi.~;;,;;1 C~~~;~g~;"'"'''''' ",,"""", ".."..,,,,, ......"',........",... "........." ,.."...... ........"".,. ii'l Soo Schedule Of Covered Autos limit of liability less deductible Q;liisioo.......'..'....""."..."....'..'..'.'..' """.'" ......,.,...,...,..,..'.,.,..........'..'.,...,...,....".....,.,........,.,.".".,...,....."...,'.. '.544 See Sd'ledul~ Of Covered Autos limit of liability less deductible Subtotal polity premiuen $2.644.00 ~lo~id~'H~'~i~~'~ C~tastr;;ph~'F~'~d'k~'~s5mE;rit' ,....",.,.,., ,....., ...,,,... ....... ,. ,. ......,.... ,." '.. '. '.......... ,. '.. .."".,,,,.,,.. .'.......25.44- !~#!:~~:~~:~~~~.~~~~~~:::::::::: :::::::.::::::::::::::::::::: :::::::: ::: :::::::: :.::: :::::: :::: :::::::::::: ::::: ::,:::::,::::::: '~~;~!~;~~ Discount if paid in full -121.20 . Totai'1i'~~ih'poii(y p~~i~;'iipaid'in'f~li'''''.'''''''''''''''''.' ""., ,..",.'"",., "..,,'... ,............. ,.."...".,., "S2:549j4 Rated drivers .....".........................."............,.............,....'..,...................."......... ................ ........................,..."......,..."....., L BUDDY QUARLES ...................................",..\1,............................................,..,....,,,........................,,....................,...".........,....... 2, MARISA QUARLES 3, RlCKY PATTERsoN'"......., ......." .....,. ,.. ......, ,.. '........" ..." ......,..., ".." ".. ,..,..., '...... ".., "............,........ .........,..,... '" ..... form G~ R (Q5!OO) II CoAtitlaed ....-----, l_____~ ------1 ------, ------] ------] _---__] ______, _-____, ~-----..1 l_____..1 L_____..1 l_____..1 l_____.... l_____..1 l_____..1 CERTIFICATE OF LIABILITY INSURANCE I Date Producer: Lion Insurance Company This Certificate is issued as a matter of information only and confers no rights 2739 U.S. Highway 19 N. upon the Certificate Holder. This Certificate does not amend, extend or alter Holiday, FL 34691 the coverage afforded by the poliCies below. Phone: 727-938-5562 Fax: 727-937-2138 Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. Insurer B: Holiday, FL 34691 Insurer C: Phone: (727)938-5562 Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms. exclusions. and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Type of Insurance Policy Number Policy Effective Policy Expiration Limits LTR INSRD Date Date (MM/DDIYY) (MM/DDIYY) ~NERAL LIABILITY Each Occurrence $ _ :immercial General Liability Damage to rented premises (EA I- Claims Made 0 Occur occurrence) $ I- Mad Exp $ I- Personal Adv Injury $ !General aggregate limit applies per: tJ Policy o Project 0 General Aggregate $ LOC Products - Com plOp Agg $ ~TOMOBILE LIABILITY Combined Single Umit (EA Accident) $ Any Auto - All Owned Autos Bodiiy Injury (Per Person) $ - Scheduled Autos Bodily Injury - (Per Accident) $ Hired Autos - Non-Qwned Autos Property Damage $ - (Per Accident) GARAGE LIABILITY Auto Only - Ea Accident $ ~ Any Auto Other Than EA Ace. $ Autos Only: AGG. $ EXCESS/UMBRELLA LIABILITY Each Occurrence I- Occur o Claims Made Aggregate I- Deductible i- Retention A Workers Compensation and WC 71949 01/01/2008 01f01/2009 X T WC Statu- I I OTH- Employers' Liability tory Limits ER Any proprietorfpartnerlexecutive officer/member E.L. Each Accident $1000000 excluded? E.L. Disease - Ea Emnlovpe $1000000 If Yes, describe under special provisions below. E.L. Disease - Policy Limits $1000000 Other 4165750 COVERAGE APPLIES ONLY TO THOSE EMPLOYEES LEASED, NOT TO B.O. Concrete, L.L.C. SUBCONTRACTORS. Descriptions of Operatlons/Locatlons!Vehlcles/Exclusions added by EndorsementlSpocial Provisions: ADD ON DATE: 3/29/2007 COVERAGE APPLIES ONLY IN THE STATE OF FLORIDA TO THOSE EMPLOYEES LEASED TO BUT NOT SUBCONTRACTORS OF B.Q. Concrete, L.L.C. . FAX: 239-594-5351 & 239-252-0844 f ISSUE 05-02-{)7 (JOY) I REISSUE 08-17-{)7 (NM) I REISSUE 09-19-07 (NM) I inn - is4.M ~_.._... A_ r 4MR JI: 1.,11.111. CERTIFICATE HOLDER CANCELLATION . COLLIER COUNTY PURCHASING DEPT. Shouid any of the-above described policies be cancelled before the expiration date thereof, the ATTN: CAROLE issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall Impose no obligation or liability of any kind upon the insurer, its agents or 3301 TAMIAMI TRAIL EAST -~. A NAPLES 34109 P ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL16 D 19 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only aJl.u the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exccntion of the Chairman's si2Jlature. draw a line throul!t routing: Jines # 1 through #4. comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin~ order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oflhc addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee oilice only after the Bee has acted to approve the item.) Name of Primary Staff Shawn Tan Phone Number 252-2376 Contact Agenda Date Item was I 0/28/2008 Agenda Item Number 16019 Aooroved bv the BCC Type of Document Agreement Number of Original 3 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Appl icable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages ITom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time rrame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 10/28/2008(enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 51 )1 I: FormsJ County Forms! Bee Forms! Original Documents Routing Slip WWS Original 903.04. Revised] .26.05, Revised 2.24.05 16019 AGREEMENT BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED WOMEN AND CHILDREN "GENTLE"MEN PROGRAM Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-08-UC-12-0016 THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and Shelter for Abused Women and Children, Inc., a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P.O. Box 10102, Naples, FL 34101, and its Federal Tax Identification number as 59-2752895, hereinafter referred to as "SUBRECIPIENT". WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2008-2009 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 and April 22, 2008; and SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 1 of26 16 D 191 WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 for the CDBG Program with Resolution 2008-Jl.L on April 22, 2008, and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUB RECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUB RECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County, (3) "HHS" means the Housing and Human Services Department of Collier County. (4) "SUBRECIPIENT" means Shelter for Abused Women and Children. (5) "HHS's Approval" means the written approval of the Housing and Human Services Department or designee, (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "E," all of which are attached hereto and made a part hereof. SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 2 of 26 16 D 1 S III. TIME OF PERFORMANCE The effective date of this Agreement shall be July 1,2008, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to July 1,2009. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII (F) (5), and Part VIII (H) below. IV, CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed Seventv-Eieht Thousand Six Hundred Thirtv-Two Dollars ($78.632.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUB RECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V, NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A, IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS. No payments will be made until approved by the HHS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HHS Department or designee within forty-five (45) days of said official notification. SHELTER FOR ABUSED WOMEN AND CHlLDREN- 2008 CDBO "Gentle "men Program Page 3 of 26 -L6D19~ B. DEBARMENT: In accordance with 24 CFR part 135, the SUB RECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBREClPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULA nONS AND LAWS During the performance of the Agreement, the SUBREClPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBREClPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties, 4, 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8, 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9, Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts, SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gent/e"men Program Page 4 of26 16 D 19 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13, Contract Work - Hours and Safety Standards Act 14, Lead Based Paint Poisoning Preventive Act 15. Section 504 ofthe Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17, 29 CFR Parts 3, 5 and Sa - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U,S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21, 29 CFR Part 3 - The Copeland Anti-Kickback Act 8 V.S.C. 874 and 40 V.S.c. 276c), which deals with employee forfeiture of compensation by force, 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A-l02. This subpart includes 24 CFR 570.502. 26.0MB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gent/e"men Program Page 5 of26 16019 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-l02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Govemments. 31. Immigration Reform and Control Act of 1986 as located at 8 U .S,C. 1324, et seq. and regulations relating thereto. Failure by the SUB RECIPIENT 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. 32, Prohibition Of Gifts To County Employees- No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 33. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 34. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUB RECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTYS staff person who would make the presentation of any SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBO "Gentle "men Program Page 6 of26 16D19 settlement reached at mediation to COUNTY'S board for approvaL Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations, Prior to execution by the SUB RECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts, All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS Department or his designee. E. AMENDMENTS This Agreement, along with all exhibits and attachments which are hereby incorporated as a part of this Agreement, may not be modified, amended, or extended orally. The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the County, This Agreement may be amended only by written agreement executed by the governing boards of both parties, except that County representative may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or 16019 person described in this paragraph, This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G, GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement, The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This signs construction utilizes a minimum conventional4'X 8" plywood back panel and other conventional construction materials and methods. H, TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUB RECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUB RECIPIENT is determined. 1 , TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date oftermination, 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title 1 of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. 1. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit D to this Agreement. SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 8 of 26 16D19 ], SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit D shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County, If the SUB RECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -1l0 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING I. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations, 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUB RECIPIENT shall submit reports as required to assist the COUNTY in the preparation ofHUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBO "Gentle "men Program Page 9 of26 16D 191il'l compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining thc appropriate Subrecipient's share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-I 10, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EV ALUATlONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E, ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD REQUIREMENTS HHS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the COUNTY, or HUD at any time. Additional requirements are listed on Exhibit C. F. PRIOR WRITTEN APPROVALS-SUMMARY (I.) (2.) (3,) (4.) (5.) (6.) All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT pursuant to this Agreement; All capital equipment expenditures of$I,OOO or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A; and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS I, Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133, Non- profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A- 133. SUBRECIPIENTs who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 10 of 26 16 D 19 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e,g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. Records must be available for review or audit by appropriate officials of federal and County agenCIes. 3. When the requirements of OMB A-133 apply, or when the SUB RECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. Each audit shall include a fiscal review, which includes a validation of all program-generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A-133. A copy of the audit report in triplicate must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHS- federal assistance has been received, In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported, Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report in triplicate must be received by HHS no later than six months following each audit period. 5, The SUBRECIPIENT shall maintain all contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 6. The SUBRECIPIENT shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 7. The SUBRECIPIENT shall ensure that the Contract Records shall be, at all times, subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County, 8. The SUBRECIPIENT shall include in all HHS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by HHS, each of the record-keeping and audit requirements detailed in this contract. HHS shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record- keeping requirements described above. SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 COBG "Gentle "men Program Page II of26 16D19~ H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall require the prior written approval of the HHS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570,500(a) for CDBG funds may be retained by the COUNTY. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUB RECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX, OTHER PROGRAM REOUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project, The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 12 of26 1 6 n 1 a ,.f.1.J..'. u 7'l; sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C, PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries ofaproject funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HHS or the COUNTY. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUB RECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD, E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUB RECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area, F. PUBLIC ENTITY CRIMES As provided in 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof, This notice is required by 287.133 (3)(a), Fla, Stat. SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 13 of 26 16019_ G, DRUG-FREE WORKPLACE REOUIREMENTS The SUB RECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.10 I, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property, Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBO "Gentle "men Program Page 14 of26 16D191 X. ENVIRONMENTAL CONDITIONS A, AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements insofar as they apply to the performance of the Contract: I. Clean Air Act, 41 U.S.C. 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.c. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EP A) regulations pursuant to 40 C,F.R" Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355, Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.c. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gent/e"menProgram Page 15 of26 16 D 19~ XL SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use ofCDBG funds, and any non-expendable personal property that was purchased with CDBG funds, Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIlL CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations, 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding, The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein, SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 16 of 26 16 0 19!~ IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this October 2S, 200S. ATTES~~ . "I'j,.... Dwi~#' E., ~ro~; ~)erk of Courts ~,.. '-'-I-':-.'~ B~,. I' -'~." '-;,' .., ....' . i . ._~ . '" j~~ ""( Date>>: 11 '. ~ o~; At~~~~,ait.... . s 19notuf't Oft I ~~ BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA By: Tom Henning, Cliairman SHELTER FOR ABUSED WOMEN AND CHILDREN f:['(tcQ be L-r First Witn s lCLLU[\ 4)h; 16:0+ Type/print witness name By:;J~~ Subrecipient Signature Y..f.llJ.:.,/ ''() Jd,--~\::r""" ,.. Second Witness L--vCJAJ a,tr.<""",u~ b"-C.UT; vE j)~cc.ro"'( Type Print Subrecipient name and title \.:..{},'~~V.l')2,\\,\r. '(rC,I" Type/print witn ss name Approved as to form and legal sufficiency: ~JtJc iW;tfl7 #[f!{ll~-?! Assistant County Attorney Signature r))/VY'/l M,~ Type/Print Name SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 17 of 26 16 D 19"") EXHIBIT "A" SCOPE OF SERVICES SHELTER FOR ABUSED WOMEN AND CHILDREN "GENTLE"MEN PROGRAM THE SUBRECIPIENT AOREES TO: A. PROJECT SCOPE: SUBRECIPIENTproposes to provide a new program called "Oentle"men Against Domestic Violence, This program will educate groups of young men and boys on the negative effects of domestic violence in hopes of breaking the cycle of domestic abuse, This program will educate approximately 300 boys and young men. The program qualifies as a CDBO Public Service program under 24 CFR 570,201 (e) and 24 CFR 570,208 (a) (2), limited clientele activities. CDBO funds will be used to fund two positions; an Outreach Manager at 48%, and a Community Educator at 100%. The Subrecipient will be responsible for the following: a. Submission for request of payment along with supporting documents including: timesheets, and proof of payments. The agency will not be allowed to request for reimbursement until it is certified as not being debarred. b, Follow the Federal Procurement Process. B. BUDOET: CDBO funding of two salaried positions for the "Gentle"men Against Domestic Violence Program at the percentages listed below. CDBG Funds 31,925 46,707 Total $78,632 C. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. D. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-IIO (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds, E. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 18 of 26 16WlJl9~ Milestone Develo ro am curriculum Begin presentation of"Gentle"men ro ram 100% of fundin ex ended Deadline Jul 2008 October 2008 June 2009 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS, G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "E". The progress reports shall be used as an additional basis for HHS approval of invoices, etc. for payment. H. OUTCOME PERFORMANCE MEASUREMENTS: PERFORMANCE PERFORMANCE ACTIVITY INDICA TORSINUMBERS OBJECTIVE/OUTCOME MEASURE PROJECTED Objective-Suitable Living Number of Battered Persons Environment; Outcome- persons benefiting and A vailability/ Accessibility from the public Abused service Persons I. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work, The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). J. COMPENSATION: The County shall reimburse the SUB RECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Section G. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month, Adherence to the work schedule identified in Section F will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act", End of Exhibit A SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 COSO "Gentle "men Program Page 19 of26 16 D 19 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Shelter for Abused Women and Children. Inc. Subrecipient Address: P,O. Box 10102, Naples. FL 34101 Project Name: "Gent1e"men Program Project No: CD- Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 78.632 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4, Amount of Previous Unpaid Requests $ $ 5, Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) End of Exhibit B SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 20 of 26 1601'9 EXHIBIT "c' ADDITIONAL CDBG GRANT REOUlREMENTS No Additional CDBG Requirements for this Grant. End of Exhibit C SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 21 of 26 1l6D 'll~ EXHIBIT "D" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 3050 Horseshoe Drive North, Suite 110, Naples, Florida 34104, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a,) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (a) - (c) above, a Certificate of Insurance must be provided as follows: (d.) Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUB RECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the SUB RECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in (a) - (d) above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: (e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. (f.) Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 22 of 26 16019 OPERA nON/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: (g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage, Collier County must be shown as an additional insured with respect to this coverage. (h,) Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. (i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), The policy must show Collier County as a Loss Payee A.T.I.M.A. End of Exhibit D SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 23 of26 16D.' EXHIBIT "E" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 1 (jh of the following month. Status Report for Month of Submittal Date: Project Name "Gentle"men Program Project Number CD- Activity Number Subrecipient: Shelter for Abused Women and Children Contact Person Linda Oberhaus Telephone: (239) 775-3862 Fax: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2, What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5, Identify any potential issues that may cause delay, SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDBG "Gentle "men Program Page 24 of 26 16D19 6. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions on (see definitions on Number Number following page) following page) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below, Complete the below chart for NEW clients served this month, DO NOT DUPLICATE clients served in previous months_ You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. are low-income (51-80%) of the current Median Family FEMALE HEAD OF HOUSEHOLD This project assisted in box "5" below. Female Head of Households REGARDLESS of income. Enter this number BOXl BOX 2 BOX3 BOX4 BOXS Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (SI-80%) Household Assisted (0-30%) (31-50%) Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 CDSG "Gentle "men Program Page 25 of 26 16 D 19 Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: I, Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian!Alaska Native and White Asian and White Black! African American and White American Indian! Alaskan Native and Black! African American Other Multi-Racial TOTAL: End of Exhibit E SHELTER FOR ABUSED WOMEN AND CHILDREN- 2008 COBG "Gentle "men Program Page 26 of26 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLUt 6.D 2 n TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. ., THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents !.hould be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only If1u the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. andlor intonnation needed. If the document is already complete with the excention of the Chainnan's sip-nature, draw a line throUlJh routmp lines # 1 throujJh #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routino order) 1. 2. 3, 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder afthe original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statT for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered lO the Bee office only after the BCe has acted to approve the item) Name of Primary Staff Shawn Tan Phone Number 252-2376 Contact Agenda Date Item was I 0/28/2008 Agenda Item Number ]6020 Annroved bv the BCC Type of Document Agreement N umber of Original 3 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages ITom ordinances, resolutions. etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials aTe re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC omce within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bce's actions are nullit1ed. Be aware of our deadlines! The document was approved by the Bee on 10/28/2008(enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2, 3, 4, 5. 6. )1 Yf f S'f ~f I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 D 20 AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Hunger and Homeless Coalition, Ine HMIS Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-08-UC-12-0016 THIS AGREEMENT, is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and Collier County Hunger and Homeless Coalition, Inc., a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 279 Airport Road South, Naples, FL 34104, and its Federal Tax Identification number as 04- 3610154, hereinafter referred to as "SUBRECIPIENT". WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities whieh are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2008-2009 Consolidated One- Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001 and April 22, 2008; and Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Pro/ect Page I of 26 16 D 20 WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 for the CDBG Program with Resolution 2008-jlL on April 22, 2008, and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2008-2009 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBREClPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (I) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) "SUBRECIPIENT" means Collier Countv Hunger and Homeless Coalition. (5) "HHS's Approval" means the written approval of the Housing and Human Services Department or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "E," all of which are at:tached hereto and made a part hereof, Collier County Hunger and Homeless Coalition - 2008 COSO HMIS Project Page 2 of26 16 D 20 III. TIME OF PERFORMANCE The effective date of this Agreement shall be July I, 2008, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to July I, 2009. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII (F) (5), and Part VIII (H) below. IV, CONSIDERATION AND LIMITATION OF COSTS The SUB RECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed Twenty-Four Thousand Nine Hundred Sixteen Dollars ($24.916.00) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A, IMPLEMENTATION OF PROJECT ACCORDING TO REOUlRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS, No payments will be made until approved by the HHS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HHS Department or designee within forty-five (45) days of said official notification, Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 3 of26 16 D 20 B. DEBARMENT: In accordance with 24 CFR part 135, the SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULA nONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, I. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2, 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3, 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds, 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8, 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 II, 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 4 of 26 1 6 D 20 "'< 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19, Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S, Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988, 25. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 26, OMB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 5 of 26 16 0 20 28, Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29, 24 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 31. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto. Failure by the SUBRECIPIENT 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. 32. Prohibition Of Gifts To County Employees- No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311, 33, Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 34. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTYS staff person who would make the presentation of any Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 60f26 16 D 20 settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUB RECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A," This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justifY the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS Department or his designee. E, AMENDMENTS This Agreement, along with all exhibits and attachments which are hereby incorporated as a part of this Agreement, may not be modified, amended, or extended orally. The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the County. This Agreement may be amended only by written agreement executed by the governing boards of both parties, except that County representative may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized, F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnifY and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 7 of 26 1 6 D 20 person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County, The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public, This signs construction utilizes a minimum conventional 4'X 8" plywood back panel and other conventional construction materials and methods. H, TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUB RECIPIENT with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies, Collier County Hunger and Homeless Coalition - 2008 CDSO HMIS Project Page 8 of26 16 D 20 I. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit D to this Agreement. J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit D shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. VIII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENT A nON AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570,502,507, and 92 (3)(vi). Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 9 of 26 16 D 20 , 4. SUBRECIPIENT shall submit monthly beneficiary reports to HHS using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wagc rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with thc Contract Work Hours and Work Safety Law. Similarly, the SUB RECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation, 6. Indirect Costs: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-IIO, A-In, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EV ALUA TIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD REQUIREMENTS HHS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the COUNTY, or HUD at any time. Additional requirements are listed on Exhibit C. F. PRIOR WRITTEN APPROVALS-SUMMARY (1.) (2,) (3.) (4.) (5.) (6.) All subcontracts and agreements proposed to be entered into by the SUB RECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112,061); All change orders; All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A; and All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost of living, HMlS Projecl Collier County Hunger and Homeless Coalition - 2008 CDBO Page 10 of26 16 r120. ,) 11II G. AUDITS AND INSPECTIONS I, Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non- profit organizations cxpending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A- 133. SUBRECIPIENTs who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Non-profit organizations that cxpend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations), These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. Records must be available for review or audit by appropriate officials of federal and County agencIes, 3. When the requirements ofOMB A-133 apply, or when the SUBRECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. Each audit shall include a fiscal review, which includes a validation of all program-generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A-133. A copy of the audit report in triplicate must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4, If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHS- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported, Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report in triplicate must be received by HHS no later than six months following each audit period. 5, The SUBRECIPIENT shall maintain all contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 6. The SUBRECIPIENT shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page II of26 16 D 2n 7. The SUBRECIPIENT shall ensure that the Contract Records shall be, at all times, subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County, 8. The SUBRECIPIENT shall include in all HHS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by HHS, each of the record-keeping and audit requirements detailed in this contract. HHS shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record- keeping requirements described above. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHS, and said plan shall require the prior written approval of the HHS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the COUNTY. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions ofthis Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 12 of26 16 0 20 To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) ofthe beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to HHS upon HHS' request. D. EV ALUA TION AND MONITORING The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HHS or the COUNTY. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would contlict in any manner or degree with the performance of this Agreement and that no person having any contlict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible contlict of interest on the part of the SUB RECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to Collier County Hunger and Homeless Coalition - 2008 CDSO HMIS Project Page 13 of 26 1 S D 20 ~ unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F, PUBLIC ENTITY CRIMES As provided in 287,133, Fla, Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by 287.133 (3)(a), Fla. Stat. G. DRUG-FREE WORKPLACE REOUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S,C. 701) and with HUD's rules at 24 CFR Part 24, subpart F, H. CERTIFICATION REGARDING LOBBYING 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Collier County Hunger and Homeless Coalition - 2008 CDSO HMIS Project Page 14 of26 16 D 20 Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570,505. X, ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U,S,c. 740l,etseq, 2, Federal Water Pollution Control Act, as amended, 33 U.S.c. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EP A) regulations pursuant to 40 C.F.R" Part 50, as amended, B, FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 400 I), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation), If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood Insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570,608, 24 CFR Part 25 and 24 CFR part 92.355, Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. Collier County Hunger and Homeless Coalition - 2008 CDBG HMlS Project Page 15 of26 16 D 20 O. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.c. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. Xl. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUB RECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use ofCDBG funds, and any non-expendable personal property that was purchased with COBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with COBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Collier County Hunger and Homeless Coalition - 2008 CDBG HM1S ProJect Page 16 of26 16 0 204 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this October 28, 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Torn e . Collier County Hunl!er and Homeless Coalition ~? First Witness Sha.,^-"-,, -rc", Type/print witness name 11.. L ~LIL--::> Second Witness ,1 I ff1.1 Ii: t!tSIM 91 r Ty e Print Subrecipient name and title l).d)n~ \Uc,- ~l(- Type/print witness name Approved as to form and legal sufficiency: ~/111 ~ Assistant County Attorney Signature to IIdfn M I 6v ee~ Type/Print Name Collier County Hunger and Homeless Coalition - 2008 CDSO HMIS Project Page 17 of26 16 0 20 ie' EXHIBIT "A" SCOPE OF SERVICES HUNGER AND HOMELESS COALITON HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS) MATCH THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: SUBRECIPIENT proposes to utilize $24,916.00 in Community Development Block Grant (CDBG) funds as the "match" requirement for a Department of Housing and Urban Development (HUD) Continuum of Care (COC) grant. This information system allows participating non-profit agencies to provide an array of coordinated health care and social services to homeless and at risk individuals in Collier County. The grant will be used to partially pay for equipment, software, services, personnel salaries and benefits, utilities, rent, travel, and educational expenses associated with the support of the HMIS system, with a total budget of $24,916. The Subrecipient will be responsible for the following: a. Submission of request for payment along with supporting documentation for payment of services. b. Follow the Federal Procurement Process. B. BUDGET: Support of the Homeless Management Information System (HMIS) to include the following: Rent, salaries, employee benefits, insurances, software, travel, training, and educational expenses. Line Item: Salaries, Benefits Rent, utilities, insurances Software Travel, training & education Total CDBG Funds $24,916,00 c. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. D. BONDING REOUlREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-lID (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds, E. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 18 of26 16 0 20 Milestone Deadline 50% of fundin ex ended December 2008 100% of fundin ex ended A ril 2009 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS, G. REPORTS: The SUBRECIPlENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPlENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "E". The progress reports shall be used as an additional basis for HHS approval of invoices, etc. for payment. H. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICA TORS Suitable Living Improving sustainability Public Services - General People Environment by promoting viable communities 1. DAVIS-BACON ACT: The SUBRECIPlENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPlENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). 1. COMPENSATION: The County shall reimburse the SUBRECIPlENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Section G. Payments shall be made to the SUBRECIPlENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Section F will be required, unless modified in writing by the parties, Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act", End of Exhibit A Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 19 of26 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT 16 D 20 Hf: SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier Countv Hunger and Homeless Coalition, Inc (CCHHC) Subrecipient Address: 279 Airport Road South, Naples, FL 34104 Project Name: HMIS Project No: CD- Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I. Grant Amount Awarded $ 24,916.00 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ $ 5. Amount of Today's Request $ 6, Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) End of Exhibit B Collier County Hunger and Homeless Coalition - 2008 CDSG HMfS Project Page 20 of26 EXHIBIT "c' ADDITIONAL CDBG GRANT REOUlREMENTS No Additional CDBG Requirements for this Grant. End of Exhibit C 16 0 20 Collier County Hunger and Homeless Coalition - 2008 CDBO HMIS Project Page 21 of26 16 0 20 EXHIBIT "D" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 3050 Horseshoe Drive North, Suite] 10, Naples, Florida 34104, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (a) - (c) above, a Certificate ofInsurance must be provided as follows: (d.) Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in (a) - (d) above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: (e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. (f.) Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 22 of26 16 D 20 "~ OPERATIONIMANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: (g,) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage, Collier County must be shown as an additional insured with respect to this coverage, (h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M,A. (i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M,A. End of Exhibit D Collier County Hunger and Homeless Coalition - 2008 COBG HMIS Project Page 23 of 26 16 0 20 EXHIBIT "E" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 1 (jh of the following month. Status Report for Month of Submittal Date: Project Name HMIS Project Number CD- Activity Number Subrecipient: Collier Countv Hunger and Homeless Coalition Contact Person Debra Mahr, Executive Director Telephone: (239) 263-9363 Fax: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2, What events/actions are scheduled for the next two months? 3, Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. Collier County Hunger and Homeless Coalition - 2008 CDBG HMIS Project Page 24 of 26 16 D 20 6. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions on (see definitions on Number Number following page) following page) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons, Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "I. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, Income (MFI), Enter this number in box "4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in box], are low-income (51-80%) of the current Median Family FEMALE HEAD OF HOUSEHOLD This project assisted in box "5" below. Female Head of Households REGARDLESS of income, Enter this number BOX I BOX2 BOX 3 BOX4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51~80%) Household Assisted (0-30%) (31-50%) ! Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv Collier County Hunger and Homeless Coalition - 2008 CDBG HMlS Project Page 25 of26 16 D 20 Definitions of Race: I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any ofthe black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam, 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race, Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian!Alaska Native and White Asian and White Black! African American and White American Indian! Alaskan Native and Black! African American Other Multi-Racial TOTAL: End of Exhibit E Collier County Hunger and Homeless Coalition - 2008 CDSO HMfS Project Page 26 of26 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO - '7 6 D 21 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATu1b: {'nlll L"[II'IJlk P;ll\~'1 ,\l:.I~'h to (oli2111;d lk'(llllldli (lll'-'II1.11 ''''-lImn!, -h. "Il;! b,' It:III,1 ,k-ii\L'ldJ I" lh,' 1"\":11,1 ()ljl~~'III~ ,-'>I1111k-tnll"ullIl'c 'Iii' ,nti ,11l,:lll;11 d(\C'Ull1<:11Ic afc' I,' he' 1~'I',\:Hi.kd I,) lill [:hurd (ll:IL'~ ''111,- ~.th'I' Ilh' i~i ;;\1 'i; ';,f;., 11 ",.ti,'" (1I11Il~' J;~'lj' ROUTING SLIP Complete routing lines #1 through #4 aJ appropriate for additional signatures, dates, and/or information needed. If the document 1S already complete with the ex 'on of the Chairman's si draw a line throu . lines #1 tbrou #4, letethe checklist, and forward to Sue Filson iDe #5 Route to Addressee(s) Office Initials Date . st in routin order 1. -- 2. .._------_.~--~,-~.._-.'.,-_.~..,-_...~ ---"---~ 3. 4. /- \ " I L... ~ eel'\ 1"\, crvtG-- 5. Sue Filson, Executive c (W_ 1.11 L AT[(.' ~t-..JE 'j Board of County Commissioners o<{ PRIMARY CONTACT INFORMATION (The primacy contact ill the holder of the original OOL.'Ument pending BeC approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information. All original documents needing the acc Chairman's signature are to be delivered to the BCC oflice only after the Bee has acted to approve the 6, Minutes and Records Clerk of Court's Office item,) Name of PrimaIy Staff Rosa Munoz, Grants Coordinator Phone Number 252-5713 Contact Agenda Date Item was October 28, 2008 Agenda Item Nmnber 160.,.:( I Aooroved bv the BCC Type of Document Subrecipient agreement Number of Original 2 Attached Docmnents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes coluJllIl or mark .oN/A'. in the Not Applicable column. whiche\er is a 0 riate. Original document has been Signedlinitillled for legal sufficiency. (All docnments to be signed by the Chair1ll3lL with the exception of most letters, must be re\je',ed and signed by the Office ofthe Conn!)' Attorney. Tins includes Sigt",ture pages from ordirulnces, resolutions. etc. sigtted by the eoun~ Attorney's Office and signature pages from contracts, agreements. etc. !bat haye been fully executed by all parties except the Bee ehairman and Clerk to the Board and ssibll State Officials.) All handwritten strike-through and re\jsions haw been initillled by the eoun~ Attorn~'. s Office and all olher ies exce I tile Bee ehairmlln mId tile Clerk to the Board The Chainuan's signature line date has been entered as the date ofBCe apprO\al of the document or the fmal ne otiated contmct date whicheyer is a licable. "Sign here" labs are placed on the appropriate pages indicating where the Cll.1irman's si lure and initials are r lired. III most cases (some contracts are an exception). the origialc'll document and this routing slip shonld be pro,'ided to Sue Filson in the Bee office willnn U hours of Bee apprO\al. Some docmnents are time sensitiw and require fomarding to Tallahassee within a certlun time frame or the Bees actions are nullified. Be aware of\our deadlines' The document was apprond by the BeC on_HI/28/2008 (enter date) and aU cbanges made during the meeting han been incoqlorated iu the attachell document. Tbe Couoo. Attornev's Office has reviewed the chan s. if a ) Ilicable. Yes tllntial) N/A (Not A Iicable) 2. :1. -4. s. 6. C tv\ &- tJA Mt~ ('M&- c..iAV I: Forms! County FonmI Bee Forms! Original Doc'Uments Routing Slip WWS OriginaI9.(}3.04, Revised 1.26.05, Re\'ised 2.24.05 16D 21~ MEMORANDUM Date: October 28, 2008 To: Rosa Munoz, Grants Mgmt. Coordinator Housing & Human Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: SHIP Homebuyer Educationand Counseling Agreement Attached please find an original copy of the amendment agreement as referenced above, (Agenda Item #16D21), approved by the Board of County Commissioners on Tuesday, October 28, 2008. The Minutes & Records Department has retained the second original which will be kept as part of the Board's permanent record, If you have any questions, please feel free to contact me at 252-7240, Thank you. Attachments (1) 16D21 AGREEMENT BETWEEN COLLIER COUNTY AND THE EMPOWERMENT ALLIANCE OF SW FLORIDA COMMUNITY DEVELOPMENT CORPORATION (EASF) SHIP HOMEBUYER EDUCATION AND COUNSELING CSFA #52,901 This Agreement entered into this ~'8~ay of Oc:fD~ , 2008, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and The Empowerment Alliance of SW Florida (EASF), a private not-for-profit corporation, existing under the laws of the State of Florida, having its principal office at 750 South Fifth Street, Immokalee, Florida 34142, and its Federal Tax Identification number as 59-3682139, hereinafter referred to as "SPONSOR". WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, pursuant to the SHIP Program, the COUNTY is undertaking certain activities to primarily benefit persons earning less than 120% of Family Median Income; and WHEREAS, the Local Housing Assistance Plan (LHAP) Fiscal Year 2005-2007 was adopted on April 27, 2004, in Collier County Resolution Number 2004-155; and WHEREAS, through Resolution No, 2007-96 the Board of County Commissioners adopted a revision to the three year LHAP adding new detinitions and new strategies outlining the intended use of SHIP funds for tiscal years 2007-2008, 2008-2009 and 2009-20 I 0; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Local Housing Assistance Plan (LHAP); and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the State Housing Initiatives Partnership (SHIP) Program as valid and worthwhile County purposes. EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page I of 19 '" . l6D21'f NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS ( 1.) (2.) (3.) (4,) (5,) (6.) (7.) (8.) (9.) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). "SHIP" means the State Housing Initiatives Partnership Program, "HHS" means the Housing and Human Services Department of Collier County, "SPONSOR" means the Empowerment Alliance Corporation of S W Florida (EASF). "HHS Approval" means the written approval of Housing & Human Services or designee. "HUD" means the Secretary of the U.S, Department of Housing and Urban Development or a person authorized to act on its behalf. "FHFC" means the Florida Housing Finance Corp. "Low and very low income persons" means the definition set by HUD, "Project" means the work contemplated to be performed as set forth in Exhibit "A", II. SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A". and shall submit each request for reimbursement of funds using Exhibit "B" along with the monthly and annual submission of Exhibit "E", all of which are attached hereto and made a part hereof. lII. TIME OF PERFORMANCE The effective date of the agreement between Collier County and the grant agency is July I, 2008, and the services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SPONSOR prior to September 30, 2009, Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII (F) (5), and Part Vlll (H) below, IV, CONSIDERA nON AND LIMIT A TION OF COSTS The SPONSOR shall be reimbursed by the COUNTY using SHIP funding for allowable costs, determined by COUNTY, in an amount not to exceed TWENTY EIGHT THOUSAND and 00/100 DOLLARS (U.S. $28,000) for the services described in Exhibit "A." V, NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (1) ofthis Agreement. EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 2 of 19 16021~ VI. SPECIAL CONDlTIONS The SPONSOR agrees to comply with the requirements of the SHIP Program as described in the Florida Statute 420,907-420,9079 and Chapter 67.37 of the Florida Administration Code, The SPONSOR further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDlTIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda, The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS, No payments will be made until approved by HHS or designee. Should a project receive additional funding after the commencement of this AI,'feement, the SPONSOR shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHS or designee within forty-five (45) days of said official notification, B. SUBCONTRACTS Any work or services subcontracted by the SPONSOR shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the SPONSOR to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the COUNTY without prior written approval of HHS or his designee, C. AMENDMENTS This Agreement, along with all exhibits and attachments which are hereby incorporated as a part of this Agreement, may not be modified, amended, or extended orally, The County may, at its discretion, amend this AI,'feement to conform to changes required by State, or County guidelines, directives, and objectives, Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the County. This Agreement may be amended only by written agreement executed by the governing boards of both parties, except that County representative may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that do not change the project, or exceed the amount funded by the County, as stated herein, Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effeet at the time such modifications are authorized, EASF/SHlP 2008 Agreement for Homebuyer Education & Counseling Page 3 of 19 161]21 D. INDEMNIFICATION To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SPONSOR or anyone employed or utilized by the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be construcd to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. E, GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SPONSOR will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this A!,'Teement. The SPONSOR will mount a temporary construction sign for projects funded by HHS, This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This sign construction utilizes a minimum conventional 4'X 8' plywood back panel and other conventional construction materials and methods. F. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SPONSOR with funds under this Agreement shall be returned to HHS or the COUNTY, In the event of termination, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SPONSOR is determined. I. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, a!,'Teements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination, 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (l0) working days written notice to the other party, Upon termination, the COUNTY shall pay the SPONSOR for services rendered pursuant to this Agreement through and including the date of termination, EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 4 of 19 160 21t'~ 3. TERM[NA T[ON DUE TO CESSATION [n the event the State Housing Initiatives Partnership Program is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that SHIP specifies. G, [NSURANCE SPONSOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit D to this Agreement. H. SPONSOR LlAB[LlTY OBLIGATION Compliance with the insurance requirements in Exhibit D shall not relieve the SPONSOR of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specitied period, but not in the manner prescribed in these requirements, the SPONSOR shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. [f the SPONSOR fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SPONSOR shall be in default of the terms and conditions of the contract. VIII. ADMINISTRATIVE REOUIREMENTS A, DOCUMENTATION AND RECORD - KEEPING I. The SPONSOR shall maintain all records required by the SHIP Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY by the SPONSOR at any time upon request by the COUNTY or HHS, Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested, [n any event the SPONSOR shall keep all documents and records for three (3) years after expiration of this Agreement. 3, SPONSOR shall submit monthly beneficiary reports to HHS using Exhibit "E". 4, Indirect Costs: [f indirect costs are charged, the SPONSOR will develop an indirect cost allocation plan tor determining the appropriate SPONSOR's share of administrative costs and shall submit such plan to the County for approval, in a torm specified by the County, EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 5 of 19 16D 21~lf B, REPORTS, AUDITS, AND EVALUATIONS Advance payments and/or reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. C. ADDITIONAL HHS. COUNTY, AND SHIP REOUIREMENTS HHS shall have the right under this Agreement to suspend or terminate reimbursement until the SPONSOR complies with any additional conditions that may be imposed by HHS, the COUNTY, or SHIP at any time. Additional requirements are listed on Exhibit C. D. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more annually in federal or state awards shall have a single or program-specific audit conducted for that year in accordance with OMB A- 133, Non-profit organizations expending federal or state awards of $500,000 or more under only one federal or state program may elect to have a program-specific audit performed in accordance with OMS A-133, SPONSOR's who will be receiving, or who have received, federal or state awards for loans or loan guaranteed programs with may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2, Non-profit organizations that expend less than $500,000 annually in federal or state awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g" financial audit, performance audits), They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and rcgulations governing the program in which they participate, Records must be available for review or audit by appropriate officials of federal and County agencics, 3. When the requirements of OMB A-133 apply, or when the SPONSOR elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal or state awards attributable to this contract have bcen received by the SPONSOR. Each audit shall include a fiscal review, which includes a validation of all program-generated income and its disposition, especially attributable to SHIP funds, an internal control review, and a compliance review as described in OMB A-133. A copy of the audit report in triplicate must be received by HHS no later than six months following the end of the SPONSOR's fiscal year. 4. If an audit is required by Section D of this contract, but the requirements of OMB A-133 or SHIP do not apply or are not elected, the SPONSOR may choose to have an audit performed either on the basis of the SPONSOR's fiscal year or on the basis of the period during which HHS federal or state assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMS A-133, as thcse may be limited to cover only those EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 6 of 19 16D21 l I services undertaken pursuant to the terms of this contract. A copy of the audit report In triplicate must be received by HHS no later than six months following each audit period, 5. The SPONSOR shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 6, The SPONSOR shall maintain all contract records that document all actions undertaken to accomplish the "'Scope of Services" outlined in Exhibit A in this contract. 7, The SPONSOR shall ensure that the contract records shall be, at all times, subject to and available for full access and review, inspection, or audit by County and federal or state personnel and any other personnel duly authorized by the County, 8, The SPONSOR shall include in all HHS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by HHS, each of the rccord-keeping and audit requirements detailed in this contract. HHS shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above. E, GRANT CLOSEOUT PROCEDURES SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed, Activities during this closeout period shall include, but not limited to; sale and occupancy of the unit, making final payments, disposing of program assets (including the return of all unused materials, cquipment, unspent cash advances, program incomc balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. PROGRAM BENEFICIARIES One hundred percent (100%) of the beneficiaries of the project funded through this Agreement must be persons earning less than 120% of the Median Family Income. The project funded under this Agreement shall assist beneficiaries for the term of the assistance, as designated in Exhibit A of this Agreement. The SPONSOR shall provide written verification of compliance to HHS, on an annual basis, upon HHS's request. B. EVALUATION AND MONITORING The SPONSOR al,'fees that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SPONSOR agrees to furnish upon request to HHS, the EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 7 of 19 16P21 \"! COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HHS or the COUNTY. The SPONSOR shall, upon the request of HHS, submit information and status reports required by HHS, or the COUNTY on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required of HHS by SHIP. The SPONSOR shall allow HHS to monitor the SPONSOR on site, Such site visits may be scheduled or unscheduled as determined by HHS and the Florida Housing Finance Corporation, C. CONFLICT OF INTEREST The SPONSOR covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interprcted in such a manner so as not to unreasonably impcde the statutory requirement that maximum opportunity be provided for employment of and participation of low and very low-income residents of the project target area. D, PUBLIC ENTITY CRIMES As provided in Section 287.133, Fla, Stat. by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required Section 287.133 (3)(a), Fla. Stat. E. DRUG-FREE WORKPLACE REOUIREMENTS The SPONSOR, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U,S,c. 701) and with HUD's rules at 24 CFR Part 24, subpart F. F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and beliel~ that: I. No SHIP/STATE appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for inlluencing or attempting to influence an officer or employee of any agency, a Member of COnb'feSS, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any SHIP/STATE contract, the making of any SHIP/STATE !,,'fant, the making of any SHIP/STATE loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modilication of any SHIP/STATE contract, grant, loan, or cooperative agreement. EASF/SHIP 2008 Agreement lor Homebuyer Education & Counseling Page 8 of 19 16D21 r4 '/ , 2, If any funds other than SHIP/ST A TE 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 SHIP/ST A TE contract, !,'fant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn-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 SPONSORS shall certify and disclose accordingly. X, SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law, XI. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of nineteen (19) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XII. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 9 of 19 16D21 IN WITNESS WHEREOF, the Sponsor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this October 28, 2008. A TTEST:,.\ . El " Dwight: '~Brock:CleJ of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COTTY, FL RIDA /, , By: j'frL-- Tom Henning, Chairman . By:=" ',.. ~: DatiL OJj~ . AttJi1r;:~~~\,~,,.., , sionature Oft.- The Empowerment Alliance Corporation ofSW Florida (EASF) F~~ Do"uHv, Cool<.. Type/print witness name ~1;!~ &4 5"'/4 2. f4--t~ Type/print witness name ChA,.~ Approved as to form and legal sufficiency: Cf)~1cP-<Am lkOO../A P Assistant County Altomey Co/la?n m ' Grt:En~ Type/Print Name EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 10 of 19 16n21 .~ ; EXHIBIT "A" SCOPE OF SERVICES EMPOWERMENT ALLIANCE OF SW FLORIDA (EASF) SHIP HOMEBUYER EDUCATION AND COUNSELING I. THE SPONSOR AGREES TO: A. PROJECT SCOPE: This project will provide homebuyer education workshops and one-to-one homebuyer counseling for individuals and families seeking to purchase a home, or who already own a home and are concerned about foreclosure or predatory lending practices. This State Housing Initiatives Program (SH IP) grant in the amount of TWENTY EIGHT THOUSAND DOLLARS ($28, 000) will assist the Empowerment Alliance Corporation of SW Florida (EASF) to provide homebuyer education, credit counseling, foreclosure counseling, and developing personal budgets and will assist participants in working with their lender. EASF has previously ofTered this program to clients. The SPONSOR agrees to complete the following: a, Provide proof of being or becoming a HUD Certified Counseling Agency, b. Class evaluation summary must be submitted to HHS with a monthly monitoring report. c. Conduct Part I and Part IIlntro to Home Ownership workshops. Part I will be offered monthly and approximately II times during the year. Part II will be offered bi-monthly, approximately fi ve times during the year. The classes will be conducted in various locations in Eastern Collier County including Immokalee, and the Collier County Extension office in Naples, d. Conduct one on one counseling sessions with approximately 70 individuals. e. Reach approximately 150 attendees per year. f. Provide post home purchase follow-up counseling, The SPONSOR will be responsible for providing supporting documentation for services when a request for payment is made to HHS. The SPONSOR further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SPONSOR's compliance with the above. B. BUDGET: Line Item: SHIP Funds Homebuyer Ed Classes ($1,500 per Class/16) Individual Counseling Sessions ($50 per session/70) Training for EASF Executive Director TOTAL SHIP FUNDS $24,000.00 $ 3,500,00 $ 500,00 $28, 000.00 EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page II of 19 16021 Exhibit A, Continued If indirect costs are charged, the Sponsor will develop an indirect cost allocation plan for determining the appropriate Sponsor's share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. C. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. D, FORMER PROJECTS: Failure to adequately maintain any former CDSG/HOME/SHIP funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDSG/HOME/SHIP funds. E. WORK SCHEDULE: The time frame for the outlined activities shall be: Milestone Otfer Monthl Part I Intro Class 11 times er ear Offer Si-Monthl Part lllntro Class 5 times er ear Provide One-on-One Counselin to clients Provide Post Home Purchase Follow-Up Counseling To Prevent Foreclosure Or Predator Lendin' Final Com letion Date For All Activities Deadline Se tember 30,2009 Se tember 30, 2009 Se tember 30, 2009 September 30, 2009 Se tember 30, 2009 Please note that if any o.f these activities exceed the timelines by two months a revised work ,,\'chedule must be submitted to HHS, F. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is reimbursed with SHIP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit '"E", The progress reports shall be used as an additional basis for HHS approval of invoices, etc, for payment. G, PAYMENT SCHEDULE: Payment will be rendered to the organization upon conclusion and documentation of conducting the class, Documentation shall include the class roster, and sign in sheet. Final payment to be tied to reaching the total number of participants. $1500 per class for 16 classes = $24,000 Payment will be rendered on a monthly basis for counscling. Documentation to include individual, dated qualification sheet and action steps for client. $50 per one on one counseling f()r clients = $3,500 EASF attend training for homebuyer's education to include registration and travel - $500 H, COMPENSATION: The County shall reimburse the SPONSOR for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Section F, Payments shall be made to the SPONSOR when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Section E will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act", End of Exhibit A EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 12 of 19 16 0 21 'I EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sponsor Name: Empowerment Alliance Corporation of S W Florida (EASF) Sponsor Address: 750 South Fifth Street, Immokalee, FL 34142 Project Name: Homebuver Education and Counseling Project No: SH08-- Payment Rcquest # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I, Grant Amount A warded $ 28,000 2, Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ $ 5. Amount of To day's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ [ certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. [also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Titlc Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) End of Exhibit B EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 13 of 19 EXHIBIT "c' ADDITIONAL SHIP GRANT REOUlREMENTS No Additional SHIP requirements for this agreement. End of Exhibit C 16D21 EASF/SHlP 2008 Agreement for Homebuyer Education & Counseling Page 14ofl9 16D21 EXHIBIT "D" INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Housing and Human Services Department, 3050 Horseshoe Drive North, Suite 110, Naples, Florida 34104, Certificate(s) of Insurance evidencing insurance coverage that meets the requircments as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (a) - (c) above, a Certificate of Insurance must be provided as follows: (d.) Professional Liability Insurance in the name of the SPONSOR or the licensed design professional employed by the SPONSOR in an amount not less than $300,000 per occurrence providing for all sums which the SPONSOR and/or thc design professional shall become legally obligated to pay as damages tro claims arising out of the services perfonned by the SPONSOR or any person employed by the SPONSOR in connection with this contract. This insurance shall bc maintaincd ti.)r a period of two (2) years after thc certificate of Occupancy is issued, CONSTRUCTION PHASE (IF APPLICABLE) [n addition to the insurance required in (a) - (d) above, the SPONSOR shall provide or cause its Subcontractors to provide original policies indicating the ti.)llowing types of insurance coverage prior to any construction: (e.) Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (l00%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SPONSOR. EASF/SHIP 2008 Agreement tor Homebuyer Education & Counseling Page 15 of 19 16D21 Exhibit D, Continued (f.) Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replacement values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NF1P), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M,A. This policy will be provided as such time that he buildings' walls and roof exist. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: (g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. (h,) Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property, Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M,A, (i,) Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFlP). The policy must show Collier County as a Loss Payee A.T.I.M.A. End of Exhibit D EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 16 of 19 16D21; EXHIBIT "E" SHIP MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services ,~tajlby the I rI" of the following month, Status Report for Month of Submittal Date: Project Name Homebuver Education and Counseling Project Number SHIP Activity Number SPONSOR: Empowerment Alliance of S W Florida (EASF) Contact Person Dottie Cook, Executive Director Telephone: ((239) 658-3315 Fax: (239) 657-3084 E-mail: easf@earthlink.net I. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2, What events/actions are scheduled for the next two months? 3, Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project, 4. List any additional data relevant to the outcome measures listed on the application for this project, 5, Identify any potential issues that may cause delay, EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 17 of 19 16D21f " Exhibit E, Continued 6, New participants enrolled this month (if applicable): Name of Participant, Name of Date of Race Ethnicity class class Address & Phone Number (see definitions (see definitions on following on following page) page) 7, For projects that serve a particular clientele, please complete the following infonnation by entering the appropriate number in the blank spaces and in the chart below, Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number oj'beneficiaries in the blank space and in box" 1. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI), Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI), Enter this number in box "3. " Of these households or persons assisted, Income (MFI). Enter rhis number in box "4. " are low-income (51-80%) ofthe current Median Family NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted in box" 5" below. Female Head of Households REGARDLESS of income. Enter this number .- BOX I BOX 2 BOX] BOX4 BOX 5 Total Number of Extremely VelY Low Income Female Head of Households or Persons Low Income Low Income (51-!W%) I {ousehold Assisted (0-30%) (31-50%) i Sponsors must indicate total beneficiaries for Race AND Ethnicitv EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 18 of 19 16021 Exhibit E, Continued Definitions of Race: I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial h'1'OUPS of Africa, 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam, 4, American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White ....-. Black or African American -- ---- Asian ..-...- -. American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White .- Black! African American and Whitc American Indian/Alaskan Native and Black/African American_ f-- Other Multi-Racial ---- TO~ A.~. End of Exhibit E EASF/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 19 of 19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 2 "" THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATlJRE-L c:. hiut \ 'Ji ]'mL !';I\,<-'r\1\;II:h \., ,'riO:',IIl,d ,I, \..lIm,:I)( \ ll~:'II);I! (i,)"lI ii, 'ld",Ih'illd he' bli\,! ,J,_ii\ ~'I:d 1,' lll~' I ',c; I d ( )n k'" Th,_'_" '1'1: >I, 1.',11 ,'lIilll~', ,lip ;,IH't . 'IY'!iJ:\1 '("'.llllknL- .11'_ 1 ,\ h~ j,,)"\\ ;\l\~,-,d h' III": i \'~!i.II>l i i~, ".,1'. !.I.t~_I~ I !'_ j-:(':It-i 11:\" U\,:I, :1',' i L' ,.11 ill~' iLP1 ROUTING SLIP Complete routing lines #l1hrough #4 as appropriate for additional signa1Ure~ dales, and/or information needed. If the do<Utllent is already complete with the exe .onoftheChairman'ssi e drawalinethrou routin lines#lthrou #4, com letethechecklist,.andforwardtoSueFilson line#S. Route to Addressee(s) Office Initials Date List in routin order 1. 2. ----- 3, 4, /"-1 L-6iJ--V\~ F\ ~OIV\ ~ 5, Board of County Commissioner 6. Minutes and Records Clerk of Court' s Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe spprovsJ. Normally the primary contact is the p","on who created/prepsred the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information. All original documents needing the acc Chainnan"s signature are to be delivered to the BeC office only after the BCe bas acted to approve the item.) Name of Primary Staff Rosa Munoz, Grants Coordinator Phone Number 252-5713 Contact Agenda Date Item was October 28, 2008 Agenda Item Number 1602..1- ADoroved bv the BCC Type of Document Snbrecipient agreement Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A' in the Not Applicable column. wbicheyer is a ro riate. \. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, witb the exception of most letters. must be reyiewed and signed by the Office of tbe County Attorney. This includes signature pages from ordinances, resolutions. etc. signed by the County Attomey' S Office and signature pages from contracts, agreements, etc. that haye been 1\1Ily executed by all parties except the BCC Chainnan and Clerk to the Board and ssibh' State Officials.) 2. All handwritten strike-througb and reyisions bnye been initialed by tbe County Attorney's Office and all other arties exce t the BCe Cbairman and tbe Clerk to tbe Board 3. Tbe Cbainnan's signattue line date bas been entered as tbe date ofBCC approyalofthe document or the fmal ne otiated contract date whicbever IS a licable. .\. "Sign here" tabs are placed on the appropriate pages indicatmg wbere tbe Chairman's si tattlre and initials are r wed. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 2.\ hours of BCC appro,.al. Some documents are time sensitiye and require forwarding to Tallahassee within a certain time frame or the BCes actions are nulWied. Be aware of your deadlines! 6. The document was apllrond b)' theRCC on_10/28/2oo8 (enter date) and aU changes made during the meeting ha,'e been inco'llorated in the attached document. The Counh' Attorne,.'s Office has reYiewed the chan s, if a I licable. Yes N/AtNot (Initial) A licable) C--l..{ rJ CK. ?- M,&- fl /f! eM ' I: Forms! County Forms! BCC Forms! Original Documents Routing Stip WWS Original 9.03.04, Revised \.26.0~. Revised 2.24,OS 16D22 MEMORANDUM Date: October 28, 2008 To: Rosa Munoz, Grants Mgmt. Coordinator Housing & Human Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: SHIP Homebuyer Educationand Counseling Agreement Attached please find an original copy of the amendment agreement as referenced above, (Agenda Item #16D22), approved by the Board of County Commissioners on Tuesday, October 28, 2008. The Minutes & Records Department has retained the second original which will be kept as part of the Board's permanent record. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachments (1) 16D22 AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORA nON SHIP HOMEBUYER EDUCATION AND COUNSELING CSFA #52,901 This Agreement entered into this J..~ay of C)cJo6e f-.. ,2008, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and Collier County Housing Development Corporation, a private not-for-profit corporation, existing under the laws of the State of Florida, having its principal office at 4779 Enterprise Avenue, Naples, Florida 34104, and its Federal Tax Identification number as 38-3695928, hereinafter referred to as "SPONSOR." WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, pursuant to the SHIP Program, the COUNTY is undertaking certain activities to primarily benefit persons earning less than 120% of Median Family Income; and WHEREAS, the Local Housing Assistance Plan (LHAP) Fiscal Year 2005-2007 was adopted on April 27, 2004, in Collier County Resolution Number 2004-155; and WHEREAS, through Resolution No, 2007-96 the Board of County Commissioners adopted a revision to the three year LHAP adding new definitions and new strategies outlining the intended use of SHIP funds for fiscal years 2007-2008, 2008-2009 and 2009-2010; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Local Housing Assistance Plan (LHAP); and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the State Housing Initiatives Partnership (SHIP) Program as valid and worthwhile County purposes, CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page I of 19 16D22 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (I,) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2.) "SHIP" means the State Housing Initiatives Partnership Program. (3,) "HHS" means the Housing and Human Services Department of Collier County, (4.) "SPONSOR" means the Collier County Housing Development Corporation. (5,) "HHS Approval" means the written approval of Housing & Human Services or designee, (6,) "HUD" means the Secretary of the U,S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7,) "FHFC" means the Florida Housing Finance Corp, (8,) "Low and very low income persons" means the definition set by HUD. (9,) "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A", and shall submit each request for reimbursement of funds using Exhibit "8" along with the monthly and annual submission of Exhibit "E", all of which are attached hereto and made a part hereof. lII. TIME OF PERFORMANCE The effective date of the agreement between Collier County and the grant agency is July I, 2008, and the services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SPONSOR prior to September 30, 2009. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII (F) (5), and Part VIII (H) below, IV. CONSIDERATION AND LIMITATION OF COSTS The SPONSOR shall be reimbursed by the COUNTY using SHIP funding for allowable costs, determined by COUNTY, in an amount not to exceed THIRTY FIVE THOUSAND and 001100 DOLLARS (U,S. $35,000) for the services described in Exhibit "A," V, NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (I) of this Agreement. CCHDC/SHlP 2008 Agreement for Homebuyer Education & Counseling Page 2 of 19 I 6 D 22 .. VI. SPECIAL CONDITIONS The SPONSOR agrees to comply with the requirements of the SHIP Program as described in the Florida Statute 420.907-420.9079 and Chapter 67,37 of the Florida Administration Code, The SPONSOR further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities, VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda, The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS. No payments will be made until approved by HHS or designee. Should a project receive additional funding after the commencement of this Agreement, the SPONSOR shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHS or designee within forty-five (45) days of said official notification. B. SUBCONTRACTS Any work or services subcontracted by the SPONSOR shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the SPONSOR to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A," None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the COUNTY without prior written approval of HHS or his designee, C. AMENDMENTS This Agreement, along with all exhibits and attachments which are hereby incorporated as a part of this Agreement, may not be modified, amended, or extended orally. The County may, at its discretion, amend this AI,,'feement to conform to changes required by State, or County guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the County, This Agreement may be amended only by written agreement executed by the governing boards of both parties, except that County representative may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule provided in Exhibit A that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and CCHDC/SHIP 2008 Agreement for Hornebuyer Education & Counseling Page 3 of 19 16D22 Administrative Procedures in effect at the time such modifications are authorized. D. INDEMNIFICATION To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold harmless Collier County, its otlicers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SPONSOR or anyone employed or utilized by the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph, This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, C. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by HHS in all publications and publicity, In addition, the SPONSOR will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SPONSOR will mount a temporary construction sign for projects funded by HHS, This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public, This sign construction utilizes a minimum conventional 4'X 8' plywood back panel and other conventional construction materials and methods. 0, TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SPONSOR with funds under this Agreement shall be returned to HHS or the COUNTY, In the event of termination, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SPONSOR is determined, I. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SPONSOR for services rendered pursuant to CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 4 of 19 16D22 this Agreement through and including the date of termination. 3. TERMfNATION DUE TO CESSATION In the event the State Housing Initiatives Partnership Program is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that SHIP specifies. G. INSURANCE SPONSOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit D to this Agreement. H. SPONSOR LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit D shall not relieve the SPONSOR of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specitied period, but not in the manner prescribed in these requirements, the SPONSOR shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SPONSOR fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SPONSOR shall be in default of the terms and conditions of the contract. VIII. ADMINISTRATIVE REOUIREMENTS A. DOCUMENTATION AND RECORD - KEEPING I. The SPONSOR shall maintain all records required by the SHIP Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY by the SPONSOR at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SPONSOR shall keep all documents and records for three (3) years after expiration of this Agreement. 3. SPONSOR shall submit monthly beneficiary reports to HHS using Exhibit "E". 4. Indirect Costs: If indirect costs are charged, the SPONSOR will develop an indirect cost allocation plan for determining the appropriate SPONSOR's share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 5 of 19 16D22 B. REPORTS. AUDITS, AND EVALUATIONS Advance payments and/or reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. C. ADDITIONAL HHS, COUNTY, AND SHIP REOUIREMENTS HHS shall have the right under this Agreement to suspend or terminate reimbursement until the SPONSOR complies with any additional conditions that may be imposed by HHS, the COUNTY, or SHIP at any time. Additional requirements are listed on Exhibit C. D. AUDITS AND INSPECTIONS I. Non-profit organizations that expend $500,000 or more annually in federal or state awards shall have a single or program-specific audit conducted for that year in accordance with OMB A- 133. Non-profit organizations expending federal or state awards of $500,000 or more under only one federal or state program may elect to have a program-specific audit performed in accordance with OMB A-133. SPONSOR's who will be receiving, or who have received, federal or state awards for loans or loan guaranteed programs with may be required to conduct audits of those proi,'Tams in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Non-profit organizations that expend less than $500,000 annually in federal or state awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations goveming the program in which they participate. Records must be available tor review or audit by appropriate officials of federal and County agencies. 3. When the requirements ofOMB A-133 apply, or when the SPONSOR elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal or state awards attributable to this contract have been received by the SPONSOR. Each audit shall include a tiscal review, which includes a validation of all program-generated income and its disposition, especially attributable to SHIP funds, an internal control review, and a compliance review as described in OMB A-133. A copy of the audit report in triplicate must be received by HHS no later than six months following the end of the SPONSOR's fiscal year. 4. If an audit is required by Section D of this contract, but the requirements of OMB A-133 or SHIP do not apply or are not elected, the SPONSOR may choose to have an audit performed either on the basis of the SPONSOR's tiscal year or on the basis of the period during which HHS federal or state assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMS A-133, as these may be limited to cover only those CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 6 of 19 16 D 22 services undertaken pursuant to the terms of this contract. A copy of the audit report In triplicate must be received by HHS no later than six months following each audit period. 5. The SPONSOR shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms ofthis contract. 6. The SPONSOR shall maintain all contract records that document all actions undertaken to accomplish the "Scope of Services" outlined in Exhibit A in this contract. 7. The SPONSOR shall ensure that the contract records shall be, at all times, subject to and available for full access and review, inspection, or audit by County and federal or state personnel and any other personnel duly authorized by the County. 8. The SPONSOR shall include in all HHS approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by HHS, each of the record-keeping and audit requirements detailed in this contract. HHS shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above. E. GRANT CLOSEOUT PROCEDURES SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; sale and occupancy of the unit, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REOUIREMENTS A. PROGRAM SENEFICIARIES One hundred percent (100%) of the beneticiaries of the project funded through this Agreement must be persons earning less than 120% of Family Median Income. The project funded under this Agreement shall assist beneficiaries for the term of the assistance, as designated in Exhibit A of this Agreement. The SPONSOR shall provide written verification of compliance to HHS, on an annual basis, upon HHS's request. B. EVALUATION AND MONITORING The SPONSOR agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SPONSOR agrees to furnish upon request to HHS, the CCHDC/SHIP 2008 Agreement tor Homebuyer Education & Counseling Page 7 of 19 16D22 COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HHS or the COUNTY. The SPONSOR shall, upon the request of HHS, submit information and status reports required by HHS, or the COUNTY on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required of HHS by SHIP. The SPONSOR shall allow HHS to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as determined by HHS and the Florida Housing Finance Corporation. C. CONFLICT OF INTEREST The SPONSOR covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Ai,'Teement and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and very low-income residents of the project target area. D. PUSLIC ENTITY CRIMES As provided in Section 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required Section 287.133 (3 lea), Fla. Stat. E. DRUG-FREE WORKPLACE REOUIREMENTS The SPONSOR, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.c. 701) and with HUD's rules at 24 CFR Part 24, subpart F. F. CERTIFICATION REGARDING LOBBYING The undersigned certities, to the best of his or her knowledge and belief, that: I. No SHIP/STATE appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any SHIP/STATE contract, the making of any SHIP/STATE grant, the making of any SHIP/STATE loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any SHIP/ST ATE contract, grant, loan, or cooperative agreement. CCHDC/SHIP 2008 Agreement tor Homebuyer Education & Counseling Page 8 of 19 16D22 2. If any funds other than SHIP/ST ATE 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 SHIP/STATE 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 SPONSORS shall certify and disclose accordingly. X. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XI. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of nineteen (19) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XII. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 9 of 19 16D22 IN WITNESS WHEREOF, the Sponsor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this October 28, 2008. ATTEST:';' . S~'.: of' :J Dwight'E. Brock,Cle* of Courts BDYt.~'~~I~.,' nr- a ecr: /0 'k'I . (SEA) . SOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Sy: Tom The Collier County Housing Development Corporation (CCHDC) ~. .~ \c0~-:+- First Witness Sy: ~-d..l 1~.(1(~ Spo sor Signature f\....-I-J..'1 I~,......c..r.:l .... Type Print Sponsor \lame and title ~ J. "uc... D"rL,h~ 1:= "',c...........,... Approved as to form and legal sufficiency: CfLQQOfUAJn ~ Assistant County Attorney r)')116o/) m. 6Yee~ Type/Print Name CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 10 of 19 16D22 EXHIBIT "A" SCOPE OF SERVICES THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION SHIP HOMEBUYER EDUCATION AND COUNSELING I. THE SPONSOR AGREES TO: A. PROJECT SCOPE: This project will provide homebuyer education workshops and one-to-one homebuyer counseling for individuals and families seeking to purchase a home, or who already own a home and are concerned about foreclosure or predatory lending practices. This State Housing Initiatives Program (SHIP) grant in the amount of THIRTY FIVE THOUSAND DOLLARS ($35, 000) will assist the Collier County Housing Development Corporation (CCHDC) to provide homebuyer education, credit counseling, and foreclosure counseling. CCHDC has previously offered this program to clients. The SPONSOR agrees to complete the following: a. Provide proof of being or becoming a HUD Certified Counseling Agency. b. Class evaluation summary must be submitted to HHS with a monthly monitoring report. c. Conduct ten (10) Homebuyer Education Workshops (consisting of 2 nights up to six hour sessions) for a total 01'20 classes. d. Fifty (50) households to receive pre-purchase and extended credit counseling. e. Fifty (50) households to receive toreclosure counseling. f. Reach approximately 250 attendees per year. The SPONSOR will be responsible for providing supporting documentation for services when a request for payment is made to HHS. The SPONSOR further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SPONSOR's compliance with the above. B. SUDGET: Line Item: SHIP Funds Homebuyer Ed Classes ($1,500 per Class/20 Classes) Individual Counseling Sessions ($50 per session/I 00) TOTAL SHIP FUNDS $30,000.00 $ 5,000.00 $35, 000.00 If indirect costs are charged, the Sponsor will develop an indirect cost allocation plan for determining the appropriate Sponsor's share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page II of 19 1 6 D 22 Exhibit A, Continued c. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. D. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHIP funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDSG/HOME/SHIP funds. E. WORK SCHEDULE: The time frame for the outlined activities shall be: Milestone Deadline Offer Homebuyers Ed W orkshops- 10 times per year (20 September 30,2009 classes) Provide 50 households with Pre-Purchase and Extended September 30,2009 Credit Counseling and 50 households with Foreclosure Counseling. Report to Collier County Loan Consortium 3-times per year September 30, 2009 Offer Foreclosure Prevention Counseling for clients September 30, 2009 Final Comoletion date shall be no later than. September 30, 2009 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. F. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is reimbursed with SHIP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "E". The progress reports shall be used as an additional basis tor HHS approval of invoices, etc. for payment. G. PAYMENT SCHEDULE: Payment will be rendered to the organization upon conclusion and documentation of conducting the class. Documentation shall include the class roster, and sign in sheet. Final class payment to be tied to reaching participation numbers. $1500 per class tor 20 classes = $30,000 $50 per individual counseling session = (not to exceed)=$5,000 H. COMPENSATION: The County shall reimburse the SPONSOR tor the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identitied in Section F. Payments shall be made to the SPONSOR when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identitied in Section E will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". End of Exhibit A CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 12 of 19 16D22 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Collier County Housing Development Corporation SPONSOR Address: 4779 Enterprise Avenue, Naples, FL 34104 Project Name: Homebuyer Education and Counseling Project No: SH08- Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I . Grant Amount A warded $ 35,000 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) End of Exhibit S CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 13 of 19 EXHIBIT "C' ADDITIONAL SHIP GRANT REOUlREMENTS No Additional SHIP requirements for this agreement. End of Exhibit C 16n22 CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 140fl9 16 D 221 EXHIBIT "D" INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Housing and Human Services Department, 3050 Horseshoe Drive North, Suite 110, Naples, Florida 34104, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in (a) - (c) above, a Certificate of Insurance must be provided as follows: (d.) Professional Liability Insurance in the name of the SPONSOR or the licensed design professional employed by the SPONSOR in an amount not less than $300,000 per occurrence providing for all sums which the SPONSOR and/or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR in connection with this contract. This insurance shall be maintained tor a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in (a) - (d) above, the SPONSOR shall provide or cause its Subcontractors to provide original policies indicating the following typcs of insurance coverage prior to any construction: (e.) Completed Value Suilder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SPONSOR. CCHDC/SHIP 2008 Agreement tor Homebuyer Education & Counseling Page 15 of 19 16D22 Exhibit D, Continued (f.) Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replacement values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: (g.) Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. (h.) Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. (i.) Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. End of Exhibit D CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 16 of 19 16n22' EXHIBIT "E" SHIP MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the I rf" of the following month. Status Report for Month of Submittal Date: Project Name Homebuver Education and Counseling Project Number SH08- Activity Number SPONSOR: Collier Countv Housing Development Corporation Contact Person Kathy Patterson, Executive Director Telephone: (239) 434-2397 Fax: (239) 430-2387 E-mail: kpatterson(al,co IIi erchdc. org 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 17 of 19 ~ 22 r 9 I Exhibit E, Continued 6. New participants enrolled this month (if applicable): Name of Participant, Name of Date of Race Ethnicity class class Address & Phone Number (see definitions (see definitions on following on following page) page) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of'beneficiaries in the blank space and in box" 1. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MF!). Enter this number in box "2. " Of the households or persons assisted, are vcry low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, Income (MFI). Enter this number in box "4. " are low-income (51-80%) of the current Median Family NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted in box "5" be/ow. Female Head of Households REGARDLESS of income. Enter this number BOX I BOX 2 BOX 3 BOX4 BOX5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51~~W%) Household Assisted (0-30%) (31-50%) Sponsors must indicate total beneficiaries for Race AND Ethnicitv CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 18 of 19 16D22 Exhibit E, Continued Definitions of Race: I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Slack or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Slack or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/ Alaska Native and White Asian and White Slack/African American and White American Indian/ Alaskan Native and Black! African American Other Multi-Racial TOTAL: End of Exhibit E CCHDC/SHIP 2008 Agreement for Homebuyer Education & Counseling Page 19 of 19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16D23 ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention ofthe Chairman's silm8.ture, draw a line throulZh routinlZ lines #1 throul!h #4, comnlete the checklist, and Jorward to Sue Filson line#5t Route to Addressee(s) Office Initials Date {List in routina order' 1. Debbi Maxon Housing and Human Services 10/29/08 Dept. 2. 3. 4. Sue Filson, Executive Manager Board of County Commissioners 5, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION ([he primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one orthe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman"s signature arc to be delivered 10 the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Debbi Maxon Phone Number 252-2695 Contact Agenda Date Item was October 28, 2008 Agenda Item Number 16023 Aooroved bv the BCC Type of Document Agreement - Older Americans Act NSIP Number of Original 3 Attached 203.09 Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not annronriate. (Initial) Aoolicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed Ilf>.- by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and oossiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Allorney's if>- Office and all other narties exceot the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the 1tJr- document or the final ne20tiated contract date whichever is aoolicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's /h... sil!llature and initials are reauired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. tJlJa..- Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullitied. Be aware ofvour deadlines! 6. The document was approved hy the BCC on_10/28/08_(enler date) and all N/A is not changes made during Ihe meeting have been incorporaled in the attached documenl. /)-.... . an option for The County Attorne"'s Office has reviewed Ibe chan"es, if annlicable. line <i. INSTRUCTIONS & CHECKLIST I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D23~ MEMORANDUM Date: October 28, 2008 To: Debbie Maxon, Human & Health Services From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Nutrition Services Incentive Program Contract #NSIP 203.09 Enclosed is three (3) original contracts, as referenced above (Agenda Item #16D23) approved by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fully executed orie:inal to the Minutes and Records Department for the Board's Records. If you should have any questions, you may contact me at 252-7240, Thank you, Enclosures (3) 16 23 October 2008 Contract # NSIP 203.0S AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. STANDARD CONTRACT NUTRITION SERVICES INCENTIVE PROGRAM COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc. hereinafter referred to as the "agency," and Collier County Board of County Commissioners, hereinafter referred to as the "Contractor", and collectively referred to as the "Parties." The term contractor for this purpose may designate a vendor, sub-grantee or sub-recipient, the status to be further identified in ATTACHMENT III, Exhibit-2 as necessary. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the Parties agree as follows: I. Purpose of Contract The purpose ofthis contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits, which constitute the contract document. Incorporation of Documents within the Contract The contract will incorporate attachments, proposal(s), area planes), relevant agency handbooks, manuals or desk books, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in the Proposal(s) or other general materials not specific to this contract document and identified attachments. 2. 3. Term of Contract This contract shall begin on October I, 2008 or on the date on which the contract has been signed by the last party required to sign it, whichever is later. It shall end at midnight, local time in Tallahassee, Florida, on September 30, 2009. 4. Contract Amount The agency agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $43.255.32, or the rate schedule, subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 5. Renewals Sy mutual agreement of the parties, in accordance with section 287.058(1)(1), F.S., the agency may renew the contract for a period not to exceed three years, or the term of the original contract, whichever is longer. The renewal price, or method for determining a renewal price, is set forth in the bid, proposal, or reply. No other costs for the renewal may be charged. Any renewal is subject to the same terms and conditions as the original contract and contingent upon satisfactory performance evaluations by the agency and the availability of funds. 6. 6.1. Compliance with Federal Law This contract contains federal funds the provider shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable regulations. 16 0 23~ October 2008 Contract # NSIP 203.05 6.2. If this contract contains federal funds and is over $100,000, the contractor shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air Act as amended (42 USC 7401 et seq.), section 508 of the Federal Water Pollution Control Act as amended (33 USC 1251 et seq.), Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 40 CFR 30. The contractor shall report any violations of the above to the agency. 6.3. The contractor, or agent acting for the contractor, may not use any federal funds received in connection with this contract to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess 01'$100,000, the contractor must, prior to contract execution, complete the Certification Regarding Lobbying form, A TT ACHMENT II. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and retumed to the Contract Manager, prior to payment under this contract. 6.4. The contractor shall not employ an unauthorized alien. The agency shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act (8 USC 1324 a) and the Immigration Reform and Control Act of 1986 (8 USC 1101). Such violation shall be cause for unilateral cancellation of this contract by the agency. 6.5. That if this contract contains $10,000 or more of federal funds, the contractor shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Agency of Labor regulation 41 CFR 60 and 45 CFR 92, if applicable. 6.6 That a contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall not be made to parties listed on the government-wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The contractor will comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. The contractor shall complete and sign A TT ACHMENT V prior to the execution of this contract. 7. Compliance with State Law 7.1. That this contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws. 7.2. Requirements of Section 287.058, F.S. 7.2.1. The contractor will provide units of deliverables, including reports, findings, and drafts, as specified in this contract, which the Contract Manager must receive and accept in writing prior to payment. 7,2.2. The contractor will submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 7,2.3. The contractor will allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(11), F.S., made or received by the contractor in conjunction with this contract except for those records which are made confidential or exempt by law. The 2 161J 2;1 October 2008 Contract # NSIP 203.09 contractor's refusal to comply with this provision shall constitute an immediate breach of contract for which the agency may unilaterally terminate the contract. 7.3. 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 Rule 41, F. A. C. 7.4. Subcontractors who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of section 287.134, F.S. 7.5. The contractor will comply with the provisions of section 11.062, F.S., and section 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch or a state agency. 8. Grievance Procedures The contractor shall develop and implement, and ensure that its subcontractors have established, grievance procedures to process and resolve client dissatisfaction with or denial of service(s), or address complaints regarding the termination, suspension or reduction of services, as required for receipt of funds. These procedures, at a minimum, should provide for notice of the grievance procedure and an opportunity for review of the subcontractor's determination( s). 9. Audits. Inspections. Investil!ations. Public Records and Retention 9.1. To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the agency under this contract. 9,2. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of six (6) years after completion of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the agency. 9.3. Upon demand, at no additional cost to the agency, the contractor will facilitate the duplication and transfer of any records or documents during the required retention period in Paragraph 9.2. 9.4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the agency. 9.5. At all reasonable times for as long as records are maintained, persons duly authorized by the agency and the agency's Federal auditors, pursuant to 45 CFR 92.36(i)(lO), shall be allowed full access to and the right to examine any of the contractor's contracts and related records and documents, regardless of the form in which kept. 9.6. To provide a financial and compliance audit to the agency as specified in this contract and in ATTACHMENT nI and to ensure that all related party transactions are disclosed to the auditor. 9.7. To comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the office of the Inspector General pursuant to s. 20.055, F.S. 10. Nondiscrimination-Civil Ril!bts Compliance 3 16 D 23 October 2008 10.2. 10.3 10.4 11. 12. 13. 13.1. 14, 14,1. Contract # NSIP 203.09 10.1. The contractor will execute assurances in ATTACHMENT VI that it will not discriminate against any person in the provision of services or benefits under this contract or in employment because of age, race, religion, color, disability, national origin, marital status or sex in compliance with state and federal law and regulations. The contractor further assures that all contractors, subcontractors, sub grantees, or others with whom it arranges to provide services or benefits in connection with any of its programs and activities are not discriminating against clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. The contractor will retain, on file, during the term of this agreement a timely, complete and accurate Civil Rights Compliance Checklist (ATTACHMENT B). 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 notifYing 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 sub- contractors, 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. Provision of Services The contractor will provide services in the manner described in ATTACHMENT I. Monitorin!! bv the A!!encv The contractor permits persons duly authorized by the agency to inspect and copy any records, papers, documents, facilities, goods and services of the contractor which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the contractor to assure the agency of the satisfactory performance of the terms and conditions of this contract. Following such review, the agency will deliver to the contractor a written report of its findings and request for development, by the contractor, of a corrective action plan where appropriate. The contractor hereby agrees to timely correct all deficiencies identified in the corrective action plan. Indemnification ~~'ecHo-lM. Lim"-/s cf ~,t)3. 28/ Ra .S1IL+' } The contractor shall indemnifY, save, defend, and hold harmless the agency and its agents and employees from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the provider is not required to indemnifY the agency for claims, demands, actions or causes of action arising solely out of the agency's negligence. Insurance and Bondin!! To provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency 4 1. 6n 2 ."C U /, ...:t"~ October 2008 Contract # NSIP 203.09 or subdivision as defined by subsection 768.28(2), F.S., 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 this contract. The limits of coverage under each policy maintained by the contractor do not limit the contractor's liability and obligations under this contract. The contractor shall ensure that the agency has the most current written verification of insurance coverage throughout the term of this contract. 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 as specified in this contract. 14.2. Throughout the term of this agreement, the contractor agrees to maintain 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. 15. Confidentialitv of Information The contractor shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 16. Health Insurance Portabilitv and Accountabilitv Act Where applicable, to comply with the Health Insurance Portability and Accountability Act (42 USC 1320d.), as well as all regulations promulgated thereunder (45 CFR 160, 162, and 164). 17. Incident Renortinl! 17.1. The contractor shall notifY the agency immediately, but no later than forty-eight (48) hours from, the contractor's awareness or discovery of conditions that may materially affect the contractor or subcontractor's ability to perform, such as problems, delays or adverse conditions which may impair the ability to meet the objectives of this contract. 17.2. To immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the contractor and its employees. 18. Snonsorship and Publicitv 18.1. As required by section 286.25, F.S., if the contractor is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (contractor's name) and the State of Florida, Agency of Elder Affairs." If the sponsorship reference is in written material, the words "State of Florida, Agency of Elder Affairs" shall appear in at least the same size letters or type as the name of the organization. 18.2. The contractor shall not use the words "The State of Florida, Agency of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless, specific authorization has been obtained by the agency prior to use. 5 16 0 23 October 2008 Contract # NSIP 203.09 19. Assie:nments 19,1. The contractor shall not assign the rights and responsibilities under this Contract without the prior written approval of the agency, which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the agency will constitute a material breach of the contract. 19.2. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, upon giving prior written notice to the contractor. In the event the State of Florida approves transfer of the contractor's obligations, the contractor remains responsible for all work performed and all expenses incurred in connection with the contract. 19.3. This contract shall remain binding upon the successors in interest of either the contractor or the agency. 20. Subcontracts 20.1 The contractor is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the contractor or its subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the agency deems necessary. The contractor further agrees that the agency shall not be liable to the subcontractor in any way or for any reason. The contractor, at its expense, will defend the agency against any such claims. 20.2 The contractor shall promptly pay any subcontractors upon receipt of payment from the agency. Failure to make payments to any subcontractor in accordance with s. 287.0585, F.S., unless otherwise stated in the contract between the contractor and subcontractor, will result in a penalty as provided by statute. 21. IndeDendent CaDacitv of Contractor It is the intent and understanding of the parties that the contractor, or any of its subcontractors, are independent contractors and 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 hour, employment discrimination, or other labor and employment claims against the contractor or its subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the contractor shall be the sole responsibility of the contractor. 22. Payment Payments will be made to the contractor pursuant to s. 215.422, F.S., as services are rendered and invoiced by the contractor. The agency's Contract Manager will have final approval of the invoice for payment, and will approve the invoice for payment only if the contractor has met all terms and conditions of the contract, unless the bid specifications, purchase order, or this contract specity otherwise. The approved invoice will be submitted to the agency's fiscal agency for budgetary approval and processing. Disputes arising over invoicing and payments will be resolved in accordance with the provisions of s. 215.422 F.S. A Vendor Ombudsman has been established within the Agency of Financial Services and may be contacted at (850) 413-5665. 23. Return of Funds 6 16 '):>-:7 ,. ." '- October 2008 Contract # NSIP 203.09 The contractor will return to the agency any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the contractor by the agency. In the event that the contractor or its independent auditor discovers that an overpayment has been made, the contractor shall repay said overpayment immediately without prior notification from the agency. In the event that the agency first discovers an overpayment has been made, the Contract Manager, on behalf of the agency, will notify the contractor by letter of such findings. Should repayment not be made forthwith, the contractor will be charged at the lawful rate of interest on the outstanding balance pursuant to Section 55.03, F.S., after agency notification or contractor discovery. 24. Data Intel!rity and Safel!uardinl! Information The contractor shall insure an appropriate level of data security for the information the contractor is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all contractor employees that request system or information access and ensuring that user access has been removed from all terminated employees. The contractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software must be routinely backed up to insure recovery from losses or outages of the computer system. The security over the backed-up data is to be as stringent as the protection required of the primary systems. The contractor shall insure all subcontractors maintain written procedures for computer system backup and recovery. The contractor shall complete and sign ATTACHMENT IV prior to the execution of this contract. 25. 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 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 of his/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 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. 26. Public Entity Crime Pursuant to s. 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the agency. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 7 161Jf 23 October 2008 Contract # NSIP 203.09 27. Purchasinl! 27.1 To purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative. 27.2. To procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of sections 403.7065 and 287.045, F.S. 28. Patents. CODvril!hts. Rovalties If any discovery, invention or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract, the contractor shall refer the discovery, invention or material to the agency to be referred to the Agency of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286, F.S. 29. Emel1!encv PreDaredness and Continuity of ODerations 29.1. If the tasks to be performed pursuant to this contract, include the physical care and control of clients, or the administration and coordination of services necessary for client health, safety or welfare, the contractor shall, within 30 days of the execution of this contract, submit to the Contract Manager verification of an emergency preparedness plan. In the event of an emergency, the contractor shall notity the agency of emergency provisions. 29.2. In the event, a situation results in a cessation of services by a subcontractor, the contractor will retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 30. PUR 1000 Form The PUR 1000 Form is hereby incorporated by reference. In the event ofany conflict between the PUR 1000 Form and any terms or conditions of this contract the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 31. Use of State Funds to Purchase or 1m Drove Real ProDertv Any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 32. DisDute Resolution Any dispute concerning performance of the contract shall be decided by the Contract Manager, who shall reduce the decision to writing and serve a copy on the contractor. 33. No Waiver of Sovereil!n Immunitv Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 34. Venue If any dispute arises out of this contract, the venue of such legal recourse will be Lee County, Florida. 8 16 n. 2- I! 4- 1_,' J October 2008 Contract # NSIP 203.09 35. Entire Contract This contract contains all the terms and conditions agreed upon by the parties. No oral agreements or representations shall be valid or binding upon the agency or the contractor unless expressly contained herein or by a written amendment to this contract. 36. Force Maieure Neither party shall be liable for any delays or failures in performance due to circumstances beyond its control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 37. Severability Clause The parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 38. Condition Precedent to Contract: Appropriations The parties agree that the agency's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. In the event such an appropriation is not made, the contractor shall not be entitled to file a claims bill. 39. Addition/Deletion The parties agree that the agency reserves the right to add or to delete any of the services required under this contract when deemed to be in the State's best interest. The parties shall negotiate compensation for any additional services added. 40. Waiver The delay or failure by the agency to exercise or enforce any of its rights under this contract shall not constitute or be deemed a waiver of the agency's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 41. Compliance The contractor agrees to abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current State statutes, laws, rules and regulations. The parties agree that failure of the contractor to abide by these laws shall be deemed an event of default of the contractor, and subject the contract to immediate, unilateral cancellation of the contract at the discretion of the agency. 42, Final Invoice The contractor shall submit the final invoice for payment to the agency as specified in Section 3.3.5 (date for final request for payment) of ATTACHMENT I. If the contractor fails to submit final request for payment by the deadline, then all rights to payment may be forfeited and the agency may not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the contractor and necessary adjustments thereto have been approved by the agency. 43. Renel!otiations or Modifications Modifications ofthe provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. 9 16D23 October 2008 Contract # NSIP 203.09 44. Termination 44,1. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contract Manager or the representative of the contractor responsible for administration of the contract. 44.2. In the event funds for payment pursuant to this contract become unavailable, the agency may terminate this contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contract Manager or the representative of the contractor responsible for administration of the contract. The agency shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the provider will be compensated for any work satisfactorily completed. 44.3. This contract may be terminated for cause upon no less than twenty-four (24) hours notice in writing to the contractor. If applicable, the agency may employ the default provisions in Rule 60A-l.006(3), F.A.C. Waiver of breach of any provisions of the 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 and conditions of this contract. The provisions herein do not limit the agency's right to remedies at law or in equity. 44.4 Failure to have performed any contractual obligations with the agency in a manner satisfactory to the agency will be a sufficient cause for termination. To be terminated as a contractor under this provision, the contractor must have (I) previously failed to satisfactorily perform in a contract with the agency, been notified by the agency of the unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of the agency; or (2) had a contract terminated by the agency for cause. 45. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): Collier County Board of County Commissioners The contractor name, as shown on page I of this contract, Housing and Human Services Department a. and mailing address of the official payee to whom the 3301 Tamiami Trail East payment shall be made is: Building H, Room 211 Nanles, Florida 34112 Terri Daniels, Accounting Supervisor Collier County Board of County Commissioners b. The name of the contact person and street address where Housing and Human Services Department financial and administrative records are maintained is: 330 I Tamiami Trail East Building H, Room 211 Nanles, Florida 34112 Marcy Krumbine, Director Collier County Board of County Commissioners The name, address, and telephone number of the Housing and Human Services Department c. representative of the contractor responsible for 3301 Tamiami Trail East administration of the program under this contract is: Building H, Room 211 I Naples, Florida 34112 239-252-2273 Fax 239-774-3430 The section and location within the agency where Area Agency on Aging for Southwest Florida, Inc. d. Requests for Payment and Receipt and Expenditure forms 2285 First Street are to be mailed is: Fort Myers, Florida 33901 10 16 n 2' 3 ,',"<, U' .~ October 2008 Contract # NSIP 203.09 Leigh Wade-Schield, Executive Director The name, address, and telephone number of the Contract Area Agency on Aging for Southwest Florida, Inc. e. 2285 First Street Manager for the agency for this contract is: Fort Myers, Florida 33901 (239) 332-4233 Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 46. All Terms and Conditions Included This contract and its Attachments, I - XI, A and B, and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the parties. By signing this contract, the parties agree that they have read and agree to the entire contract. fN WITNESS THEREOF, the parties hereto have caused this 38 page contract, to be executed by their undersigned officials as duly authorized. COLLIER COUNTY HOUSING AND HUMAN SERVICES BY: ATTEST: D\VIGl-!T E. BR.oCK~C~erk -" -. BOARD OF COUNTY COMMISSIONERS COLLIEIC TY, FL RIDA ,"- By: TOM HENNING, CHAIRMAN Date: October 28, 2008 Approved as to form and legal sufficiency AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA C~m_~ Assistant County Attomey By: ROBERT D. JOHNSON BOARD PRESIDENT Date: September 30, 2008 FEDERAL ID NUMBER: 59-6000558 FISCAL YEAR-END DATE: 9/30 II 16023 October 2008 Contract # NSIP 203.09 INDEX TO CONTRACT ATTACHMENTS ATTACHMENT ATTACHMENT DESCRIPTION PAGE ATTACHMENT I STATEMENT OF WORK 13-20 A TT ACHMENT II CERTIFICATION REGARDING LOBBYING 21 ATTACHMENT III FINANCIAL COMPLIANCE AUDIT A TT ACHMENT 22-28 ATTACHMENT rv CERTIFICATION REGARDING DATA lNTEGR1TY COMPLIANCE 29 A TT ACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 30 INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS ATTACHMENT VI ASSURANCES - NON-CONSTRUCTION PROGRAMS 31-32 ATTACHMENT VII REQUEST FOR PAYMENT 33 A TT ACHMENT A AGENCY OF ELDER AFFAIRS PROGRAMS AND SERVICES HANDBOOK (ON CD) Will Provide later ATTACHMENT B AGENCY OF ELDER AFFAIRS CIVIL RIGHTS COMPLIANCE CHECKLIST AND INSTRUCTIONS 34-38 12 16 23~: October 2008 Contract # NSIP 203.09 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. STATEMENT OF WORK NUTRITION SERVICES INCENTIVE PROGRAM SECTION I: SERVICES TO BE PROVIDED 1.1. DEFINITIONS OF TERMS AND ACRONYMS 1.1.1. CONTRACT ACRONYMS Area Agency on Aging (AAA) Client Information and Registration Tracking System (CIRTS) Dietary Reference Intake (DRI) Nutrition Services Incentive Program (NSIP) Older Americans Act (OAA) Planning and Service Area (PSA) Web-based Database System (WebDB) United States Agency of Agriculture (USDA) 1.1.2. PROGRAM SPECIFIC TERMS Service Provider Application: A service provider application plan developed by the contractor outlining a comprehensive and coordinated service delivery system in its planning and service area in accordance with the Section 306 (42 D.S.C. 3026) of the Older Americans Act (OAA) and agency instructions. Service Provider Application Update: A revision to the service provider application wherein the area agency on aging enters OAA program specific data in the web-based database system (WebDB). An update may also include other revisions to the service provider application as instructed by the agency. 1.2. AGENCY MISSION STATEMENT The agency's mission is to help aging adults, 60 and older, achieve greater independence through awareness of resources and access to qualified service providers. The agency's vision is to be the recognized leader in supporting older adults and their families with access to trustworthy resources and services in their communities, while empowering them to live with independence and dignity. The agency believes residents of Southwest Florida are entitled to: . Comprehensive information about their choices of care . Timely access to resources and services . High standards of quality and performance . Personal and professional accountability from all stakeholders Lead agencies and local service providers as partners and stakeholders in Florida's aging services network are expected to support the agency's mission, vision, and program priorities. 1.2.1. Nutrition Services Incentive Program Mission Statement The Nutrition Services Incentive Program (NSIP) is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP allows programs to increase the number and/or the quality of meals served. 13 16 D 23 October 2008 Contract # NSIP 203.09 1.3. GENERAL DESCRIPTION 1.3.1. General Statement The NSIP is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP is a cash allotment or commodity program that supplements funding or food used in meals served under the Older Americans Act. Florida has opted for cash payments in lieu of donated foods. 1.3.2. Authority (I) Older Americans Act of 2006, as amended, Section 3 II; (2) 42 U.S.c. 303a, 42 U.S.c. 604, 42 U.S.C. 3057; and (3) Section 430.10 I, Florida Statutes 1.3.3. Scope of Service The contractor is responsible for the programmatic, fiscal, and operational management of NSIP. The scope of services associated with this contract shall include ensuring that the following program service tasks are addressed: (I) program eligibility requirements are met; (2) meals served are compliant with prescribed nutritional requirements; and (3) meals served comply with U.S. origin food requirements. The contractor is also responsible for overseeing the nutrition service operations of the provider to ensure that the expected results are achieved. Services shall be provided in a manner consistent with and described in the current service provider's application update and the current Agency of Elder Affairs Programs and Summary Handbook. The contractor shall use the NSIP funding under this contract to supplement funding for food used in meals served under the OAA. 1.3.4. Term of Provision of Services The term of this contract for the delivery of services shall be as referenced in Section 3. of the Standard Contract. However, for the purpose of settling upon the appropriate meal reimbursement rate, as provided by USDA, the contract shall remain open until December 31, 2009. Notwithstanding this three (3) month reconciliation period, this contract makes no provisions for the payment of any services delivered beyond September 30, 2009. 1.3.5. Major Program Goals The major goals of the Nutrition Services Incentive Program (NSIP) program are to: (1) Supplement funding for food used in meals served by Older Americans Act Nutrition Program Providers; and (2) Provide incentives forthe effective delivery of nutritious meals to older individuals. 1.4. INDIVIDUALS TO BE SERVED 1.4.1. Individual Eligibility Congregate Meals: (1) Individuals age 60 or older; (2) Any spouse (regardless of age) who attends the dining center with his/her eligible spouse; (3) Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; 14 16023 October 2008 Contract # NSIP 203.09 (4) Disabled persons who reside at home with and accompany an eligible person to the dining center; and (5) Volunteers, regardless of age, who provide essential services on a regular basis during meal hours. Home Delivered Meals: (1) Individuals age 60 or older who are also frail and homebound by reason of illness, disability or isolation; (2) The recipient's spouse or caregiver of a homebound eligible individual, regardless of age if the provision of the collateral meal supports maintaining the person at home; (3) Individuals with disabilities, regardless of age, who reside at home with eligible individuals and are dependent on them for care; and (4) Persons at nutritional risk who have physical, emotional or behavioral conditions, which would make their presence at the congregate site inappropriate; and persons at nutritional risk who are socially or otherwise isolated and unable to attend a congregate nutrition site. SECTION II: MANNER OF SERVICE PROVISION 2.1. SERVICE TASKS 2.1.1. Task List In order to achieve the goals of the NSIP, the contractor shall ensure the following tasks are performed: 2.1.1.1. Individual (Recipient) Eligibility Client eligibility determination as listed in ATTACHMENT I, Paragraph 1A. 2.1.1.2. Program Eligibility Requirements The program must meet the following criteria: (1) An agency that has received a grant under the OAA Title III must serve the meal (Ref. OAA section 3] ](42 U.S.C.3030a)); and (2) A nutrition service provider who is under the jurisdiction, control, management and audit authority of the area agency on aging and the Agency of Elder Affairs must serve the meal. 2.1.1.3. Prescribed Nutritional Requirements Each meal provided must meet the following criteria: (1) Comply with the current Dietary Guidelines for Americans, published by the secretaries of the Agency of Health and Human Services and the Agency of Agriculture; and (2) Provide a minimum 01'33 1/3 percent of the dietary reference intakes/adequate intakes for an age 70+ female as established by the Food and Nutrition Board of the National Academy of Sciences. 2.1.1.4. Food Origin and Commodities Requirements Consistent with existing requirements of this program, the contractor and/or its service providers may use NSIP cash to purchase foods of U.S. origin for their nutrition projects under Title III of the OAA. NSIP funds must be used to expand meal services to older adults. 2.1.1.5. Oversight of Provider's Nutrition Service Operations The AAA must oversee the nutrition service operations of the provider to ensure that the requirements of Attachment I, Paragraphs 2.1.1.1. and 2.1.1.2. are met as well as any other applicable regulations and policies prescribed by the Agency of Hea]th and Human Services, 15 16D23 October 2008 Contract # NSIP 203.0' USDA, state and local health agencies or any other agency designated to inspect meal quality for the State. %.1.2. Task Limits Meals served to an elderly individual under the Medicaid Waiver, Community Care for the Elderly funded meals or other means tested program may not be included in the NSIP count. %.2. Monitoring the Performance of Subcontractors The contractor shall conduct at least one monitoring per contract year of each subcontractor. The contractor shall perform fiscal, administrative and programmatic monitoring of each sub- contractors to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. 2.3. SERVICE LOCATION AND EQUIPMENT 2.3.1. Service Times The contractor shall ensure the provision of the services listed in this contract are available at times appropriate to meet client service needs at a minimum, during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. 2.3.2. Equipment 2.3.2.1. 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 $5,000.00 [for federal funds], or (b); nonexpendable, tangible personal property of a non- consumable nature with an acquisition cost of$I,OOO.OO 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$250.00 or more [for state funds]. 2.3.2.2. 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 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-lID) 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. 2.3.2.3. The contractor's property management standards for equipment acquired with Federal funds and federally-owned equipment shall include accurately maintained equipment records with the following information: (1) A description of the equipment; (2) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number; (3) Source ofthe equipment, including the award number; (4) Whether title vests in the contractor or the Federal Government; (5) Acquisition date (or date received, if the equipment was furnished by the Federal Govemment) and cost; (6) 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); (7) Location and condition of the equipment and the date the information was reported; (8) Unit acquisition cost; and 16 16D23'1 October 2008 Contract # NSIP 203.09 (9) 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. 2.3.2.4. Equipment purchased with federal funds with an acquisition cost over $5,000.00 and equipment purchased with state funds with an acquisition cost over $1,000.00 that is specifically identified in the service provider's 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 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A-110), 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-l.0017, F. A. C. or Title 45 CFR Part 74. 2.3.2,5. The contractor shall not dispose of any equipment or materials provided by the agency, or purchased with funds provided through this contract without first obtaining the approval of the agency's Contract Manager. When disposing of property or equipment the contractor must submit a written request for disposition instructions to the respective Contract Manager. The request should include a brief description of the property, purchase price, funding source, percentage of state or federal participation, acquisition date and condition of the property. The request should also indicate the contractor's proposed disposition (i.e., transfer or donation to another agency that administers federal programs, offer the items for sale, destroy the items, etc.). 2.3.2.6. The agency's Contract Manager will issue disposition instructions. If disposition instructions are not received within 120 days of the written request for disposition, the contractor is authorized to proceed as directed in 2 CFR Part 215 Administrative Requirements (formerly OMB Circular A- 110). 2.3.2.7. 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 III, 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 ofs. 216.348, F. S. 2.3.2.8. 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. 2.3.2.9. The contractor must adhere to the agency's procedures and standards when purchasing Information Technology Resources (lTR) 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. 2.4. DELIVERABLES 2.4.1. Service Unit The contractor shall provide the services described in the contract in accordance with the current Agency of Elder Affairs Programs and Services Handbook. The chart below lists the services that 17 16 23"" · It, ,~ October 2008 Contract # NSIP 203.09 can be performed and the unit of measurement: Service Congregate Meals Home Delivered Meals Unit of Service Meal Meal 2.4.2. Reports The contractor is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the agency. The contractor must establish due dates for any subcontractors that permit the contractor to meet the agency's reporting requirements. Client Information and Registration Tracking System (CIRTS) Reports The contractor is required to use CIRTS reports in the web-based CIRTS database system to ensure C1RTS data accuracy. The report categories include: (1) Client Reports; (2) Monitoring Reports; (3) Services Reports; (4) Miscellaneous Reports; (5) Fiscal Reports; (6) Aging Resource Center Reports; and (7) Outcome Measurement Reports. Service Costs Reports The contractor shall require subcontractors to submit to the contractor semi-annual service cost reports, which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 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 contractor 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) Input from the contractor's Board of Directors on resolution of spending issues, if applicable; (5) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a priority ranking score of 4 or 5; and (6) Number of clients currently on the APCL designated as Imminent Risk. 2.4.3. Records and Documentation The contractor will ensure the collection and maintenance of client and service information on a monthly basis from the Client Information and Registration Tracking System (ClRTS) or any such system designated by the agency. Maintenance includes valid exports and backups of all data and systems according to agency standards. 2.5. PERFORMANCE SPECIFICATIONS 2.5.1. Outcomes and Outputs 18 16 231 October 2008 Contract # NSIP 203.09 (1) The contractor shall submit timely to the agency all reports described in Attachment I, Paragraph 2.4.2 Reports; (2) The contractor shall submit timely to the agency all information described in Attachment I, Paragraph 2.4.3 Records And Documentation; (3) The contractor shall ensure services in this contract are in accordance with the current Agency of Elder Affairs Programs and Services Handbook. 2.5.2. Monitoring and Evaluation Methodology The agency will review and evaluate the performance of the contractor under the terms of this contract. Monitoring shall be conducted through direct contact with the contractor through telephone, in writing, or an on-site visit. The agency's determination of acceptable performance shall be conclusive. The contractor agrees to cooperate with agency in monitoring the progress of completion of the service tasks and deliverables. 2.6. CONTRACTOR'S FINANCIAL OBLIGATIONS 2.6.1. Use of Service Dollars and Assessed Priority Consumer 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 contract period for each program managed by the contractor. If the agency determines that the contractor is not spending service funds accordingly, the agency may transfer funds to other planning and service areas during the contract period and/or adjust subsequent funding allocations accordingly as allowable under state and federal law The contractor agrees to distribute funds as detailed in this contract and the area plan update. Any changes in the total amounts of the funds identified in this contract, number of meals served or meal rate require a contract amendment. 2.7. AGENCY RESPONSIBILITIES 2.7.1. Agency Obligations 2.7.1.1. Program Guidance and Technical Assistance The agency will provide to the contractor guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the contractor. 2.7.1.2. Program/Contract Monitoring The agency shall, at its own discretion, conduct monitoring concerning any aspect of the contractor's performance ofthis contract. SECTION III: METHOD OF PAYMENT 3.1. STATEMENT OF METHOD OF PAYMENT This is a fixed rate contract. The agency shall make payment to the contractor for provision of services up to a maximum number of units of service and at the prospective rate stated below: Service to be Provided Unit of Service Unit Rate Maximum Units Eligible Congregate and 1 unit = 1 meal $0.6051040 71,484 Home Delivered Meals The prospective rate is based on the estimated OAA grant award. 19 16 '-. 23~ October 2008 Contract # NSIP 203.09 3.2. REQUESTS FOR PAYMENT 3.2.1. Date for Final Request for Payment 1) The final request for payment will be due to the agency no later than December 10. 2009. This contract is for services provided during the 2008 Federal Fiscal Year beginning October 1, 2008 through Seotember 30.2009, however, the contract is in effect through December 10,2009. The additional three months (October 1.2009 through December 10,2009) are to allow rates to be adjusted for the service period. This contract shall automatically terminate after the final rate for the federal fiscal year has been established and the release of final payments are authorized by the agency. (2) [n the event that the final reimbursement rate is greater or less than the rate in Attachment 1, Paragraph 3.1, then this contract shall be appropriately adjusted upon notice from the agency's contract manager. 3.2.2. Documentation for Payment All requests for reimbursement shall be in accordance with policy regarding reimbursable meals and Client Information and Registration Tracking System (CIRTS) policy regarding data entry for reimbursable meals. All requests for reimbursement shall include: (1) The request for reimbursement shall be submitted on DOEA Form 117, NSIP Request for Reimbursement, (Attachment VII). (2) A CIRTS report must be submitted with DOEA Form 117 as supporting documentation for the total number of meals reported. The CIR TS report must match the number of meals reported on DOEA Form 1 [7 (3) Duplication or replication of the DOEA form 117 via data processing equipment is permissible but replication must include all data elements in the same format as included on the agency form: and (4) The due date for the request for reimbursement and report(s) shall be no later than the 10th day of the month following the month being reported, except for the final request for reimbursement (December 2009) Shall be no later than December 31,2009. Invoices shall be in sufficient detail for a proper pre-audit and post-audit thereof. The contractor shall maintain documentation to support payment requests that shall be available to the Agency of Financial Services or the agency upon request. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of complete and accurate financial and programmatic reports due from the contractor and any adjustments thereto, including any disallowance not resolved as outlined in s. 23 of this contract. 20 16 0 23"~ October 2008 Contract # NSIP 203.09 ATTACHMENT II CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (I) 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 ofthe 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 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, 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 s:zc: fail e. - 1n/28/08 Signa 'fJi-.-' Date Application or Agreement Number Tom Henning, ~hai Name of Authorized Individual Collier County BCC Naples, FL 34112 Name and Address of Organization ~~ ATTEl;I1;n ,,{, '(. DWIGHT IE. ~Rde!:<, .,;;kII~ ",~ Eli: ~ "Attest- as to t 1 QIlatu"" On I 't,: ,/' .,,,1 , Assistant County Attorney DOEA Form 103 (Revised Nov 2002 [''t, 21 16D23~ October 2008 Contract # NSIP 203.09 ATTACHMENT III FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Agency of Elder Affairs to the provider may be subject to audits and/or monitoring by the Area Agency on Aging for Southwest Florida, Inc.(AAA), as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by the agency of staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the AAA. In the event the AAA determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the AAA to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Agency of Elder Affairs' Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local govemment or a non-profit organization as defined in OMB Circular A133, as revised. In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this agreement indicates Federal resources awarded through the Agency of Elder Affairs by this agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including Federal resources received from the Agency of Elder Affairs. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-l33, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph I, the provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the provider 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 provider 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 A133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from provider resources obtained from other than Federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Agency of Elder Affairs shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Agency of Elder Affairs shall be 22 16 0 23~ October 2008 Contract # NSIP 203.09 fully disclosed in the audit report with reference to the Agency of Elder Affairs agreement involved. If not otherwise disclosed as required by Section .31O(b )(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with the Agency of Elder Affairs in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. PART II: STATE FUNDED This part is applicable if the provider is a non-state entity as defined by Section 215.97(2), Florida Statutes. In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Agency of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Agency of Elder Affairs by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Agency of Elder Affairs, other state agencies, and other non- state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements In connection with the audit requirements addressed in Part II, paragraph I, the provider shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non- state entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Agency of Elder Affairs shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Agency of Elder Affairs shall be fully disclosed in the audit report with reference to the Agency of Elder Affairs agreement involved. If not otherwise disclosed as required by Rule 691-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Agency of Elder Affairs in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Agency of Elder Affairs retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. 23 16 D 231 October 2008 Contract # NSIP 203.09 PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133, as revised, by or on behalf of the provider directly to each of the following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Altn: Leigh Wade-Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 The Federal Audit Clearinghouse designated in OMB Circular A- 133, as revised (the number of copies required by Sections .320 (d)(I) and (2), OMS Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Censns 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (1), OMB Circular A-133, as revised. Pursuant to Sections .320(1), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A- 133, as revised, and any management letter issued by the auditor, to the AAA at each of the following addresses: 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 Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the provider directly to each ofthe following: The Area Agency on Aging for Southwest Florida, Inc. at the following address: Area Agency on Aging for Southwest Florida, Inc. Altn: Leigh Wade-Schield, Executive Director 2285 First Street Fort Myers, Florida 33901 Phone: (239) 332-4233 The Auditor General's Office at the following address: State of Florida Auditor General Room 574, CIande Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 24 16 D 231 October 2008 Contract # NSIP 203.09 Any reports, management letter, or other information required to be submitted to the AAA pursuant to this agreement shall be submitted timely in accordance with OMS Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Providers, when submitting financial reporting packages to the AAA for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the provider in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued, and shall allow the AAA or its designee, the CFO or Auditor General access to such records upon request. The provider shall ensure that audit working papers are made available to the AAA, or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the AAA. 25 16 D 23 October 2008 Contract # NSIP 203.09 ATTACHMENT III EXHIBIT-I I. FEDERAL RESOURCES A WARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: PROGRAM TITLE FUNDING CFDA AMOUNT SOURCE Nutrition Services Incentive Older Americans Act 93.053 $43,255.32 Program TOTAL FEDERAL AWARD $43,255.32 26 October 2008 16 0 23 -' Contract # NSIP 203.05 ATTACHMENT III EXHIBIT-2 PART I: AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources mayor may not be subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or sub- recipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements ofOMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or sub-recipients of Federal awards and/or state financial assistance, must comply wilh applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 ofOMB Circular A-133 and/or Rule 691-5.006, F AC, provider has been determined to be: _ Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S. ~ Recipient/sub-recipient subject to OMB Circular A-133 and/or Section 215.97, F.S. NOTE: If a provider is determined to be a recipient Isub-recipient of federal and or state financial assistance and has been approved by the agency to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.006(2), FAC [state financial assistance] and Section _ .400 OMB Circular A-133 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL A WARDS OR STATE MATCHING FUNDS ON FEDERAL A WARDS. Providers who receive Federal awards or state matching funds on Federal awards and who are determined to be a sub-recipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)- OMB Circular A- I 02 - Administrative Requirements OMB Circular A-133 - Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost Principles for Non-Profit Organizations (Formerly OMB Circular A-122- Cost Principles)- 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-IIO - Administrative Requirements) OMB Circular A-133 - Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-2l - Cost Principles)- 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-I 10 - Administrative Requirements) OMB Circular A-133 - Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations -Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A-133 Compliance Supplement, Appendix I. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient/sub-recipient, must comply with the following fiscal laws. rules and regulations: 27 October 2008 Section 215.97, Fla. Stat. Chapter 69[-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 28 16 0 23~ \ \ , Contract # NSIP 203,09 16D23'4 October 2008 Contract # NSIP 203.09 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 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 10 time and date related codes and inlernal 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 102 and 2 CFR Part 215 (formerly OMB Circular A-liD). Tom Henning, Chairman, Collier County Board of County Commissioners Name and Address of Contractor :i&<--~~ Signature r Chairman Title October 28, 2008 Date Name of Authorized Signer \' :,~ l \,' . .' . ~m~ '. ('.1' 29 ~ AT rEST: " ;- :; ::~toQC~K'I..k~ . Atte'1tu" '. a. " . _~,,.,..,.___,","...,~._~",,. .....,,.....-' ...., __ ,...._ .., ~o__,. _.... Assistant County Attorney 16023 October 2008 Contract II NSIP 203.0S ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS (1) The prospective contractor certifies, by signing this certification, neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by any federal agency or agency, (2) actor is unable to certify to any of the statements in this certification, such I attach an ~planation to this certification, Date Title Collier County Board of Commissioner: Agency/Organization (Certification signature should be same as Contract signature.) Instructions for Certification The terms "covered transaction," "debarred," "suspended," "ineligible,'1 "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549, (2 CFR 180.5-180.1020, as supplemented by 2 CFR 376.10-376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 2 This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later detennined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the agency may pursue available remedies, including suspension and/or debarment. 3 The contractor will provide immediate written notice to the Contract Manager if at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The contractor may decide the method and frequency by which it detennines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). 4 The contractor will include a "Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions 5 The contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation. unless otherwise authorized by the federal government. 6 If the contractor knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the agency may pursue available remedies, including suspension, and/or debannent. 7 The contractor may rely upon a certification ofa prospective participant in a Ig"Yerti~r d:rv~d transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from W; covered transaction, unless it Approved as ~~~~ 1'!#f~@~n is erroneous, . " . . -', ATTEST: ' COi12&M.;~~~. DWIGHT E BROCK. lerk Colleen Greene, 30 Assistant County Attorney 16 D 23 October 2008 Contract # NSIP 203.09 ATTACHMENT VI ASSURANCE~NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response. including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BVDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2 Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award: and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3 Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4 Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5 Will comply with the Intergovernmental Personnel Act of 1970 (42 U.s.C, 4728-4763) relating to prescribed standards for merit systems. for programs funded under one of the 19 statutes or regulations specified in Appendix A ofOPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6 Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.s.C.. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C..794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 V.S.C.. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (I) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g). 523 and 527 of the Public Health Service Act of 1912 (42 V.S.C.. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records: (h) Title Vlll of the Civil Rights Act of 1968 (42 V.S.c.. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing: (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made: and (j) the requirements of any other nondiscrimination Statute(s) which may apply to the application. 7 Will comply, or has already complied, with the requirements of Titles II and 1lI of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8 Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.c. 1501-1508 and 7324-7328), which limit the political activities. of employees whose principal employment activities are funded in whole or in part with Federal funds. 31 16 D 23 October 2008 Contract # NSIP 203.09 9 Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.c. 276c.and 18 U.S,C.. 874) and the Contract Work Hours and Safety Standards Act (40 U.S,c. 327-333), regarding labor standards for federally assisted construction sub-agreements, 10 Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11 Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514: (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U,S.C..Federal actions to State (Clear Air)1451 et seq.); (I) conformity of Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as ,amended (42 U.S.c. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1721 et seq.) related to protecting components or potential, components of the national wild and scenic rivers system. 13 Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of\\1966, as amended (16 U.S.C..470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C..469a-l et seq.). 14 Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15 Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C..2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16 Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.. 4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17 Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. 18 Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. YING OFFICIAL TITLE Chairman Tom Henning ~-r APPLICANT ORGANIZA nON DATE SUBMITTED Collier County Board of County Commissioners Housing and Human Services Department October 28. 2008 C~7Vl ~ Assistant County Attorney , " ::~ 1"29" , I .. \i,..ta't..T ~::" -,..., -~, ,'1, ',> 32 At~ 11 to ~ ~ 191h'ttut'1t 011", '____ P'"'31 16dc. 'I, October 2008 Contract # NSIP 203.09 REQUEST FOR REIMBURSEMENT October 6, 2008 Reoort Preoared bv: Nutrition Services Incentive Program PROVIDER NAME, ADDRESS, PHONE# and FEID# TYPE OF REPORT: A. PAYMENT REQUEST: Regular_X_ B. METHOD OF PAYMENT: Reimbursement FEID#: CERTIFICATION: I hereby certify that to the best of my knowledge the information in this report is accurat, and complete and all outlays reported herein were for purposes set forth in the contract documents. Prepared by: Date: Approved by: PART A: REIMBURSEMENT 1. Number of Meals Served 2. Line 1 Times $. per Meal 3. Amount to be Reimbursed PART B: CONTRACT SUMMARY 4. Approved Contract Amount 5. Reimbursement Requested through Last Report 6. Contract Balance Per Last Report 7. Amount to be Reimbursed - This Report 8. Contract Balance DOEA Form 117, updated 8/12/08 33 16 D 23 " October 2008 Contract # NSIP 203.09 STATE OF FLORIDA DEPARTMENT OF ELDERAFFAlRS ATTACHMENTB CIVIL RIGHTS COMPLIANCE CHECKLIST Program!Facility Name County 1 AANContractor Address Completed By City. State. Zip Code Date I Telephone PART I. READ THE A TT ACHED INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE COMPLETION OF THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided: T otal# %White %Black POPULATION OF AREA SERVED. Source of data: %Hispanic %Other O,loFemale 2. 3. STAFF CURRENTLY EMPLOYED. Effective Date: Total# %White %Black %Hispanic %Other %Female %Disabled 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED. Effective Date: Total# %White %Black %Hispanic %Other %Female %Disabled % Over 40 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. Total# %White %Black %Hispanic %Other %Female %Disab led PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. 6. Is an Assurance of Compliance on file with DOEA? IfNA or No, explain. NA YES NO ODD 7. Compare staff composition to the population. Are staff representative of the population? IfNA or NO, explain. NA YES NO DO 0 8. Compare the client composition to the population. Are race and sex characteristics representative of the population? IfNA or No, explain. NA YES NO ODD 9. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national origin, sex, age, religion or handicap? If NA or NO, explain. NA YES NO ODD 10. Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion or disability? IfNA or NO, explain. NA YES NO ODD 34 16 0 23i;~ October 2008 Contract # NSIP 203.09 11. For inpatient services, are room assignments made without regard to race, color, national origin or handicap? IfNA or NO, explain. NA YES NO DDD Revised May 2008 Page I of2 ATTACHMENT B 12. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain. NA YES NO DDD 13. Are employees, applicants and participants informed of their protection against discrimination? If YES, how? Verbal D Written D Poster D IfNA or No, explain. NA YES NO DDD 14. Give the number and current status of any discrimination complaints regarding services or Employment filed against the program / facility. NA NUMBER D 15. Is the program/facility physically accessible to mobility, hearing and sight impaired Individuals? IfNA or NO, explain. NA YES NO DDD PART Ill. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES 16. Has a self-evaluation been conducted to identify any barriers to serving disabled individuals, and to make any necessary modifications? If NO, explain. YES NO DD 17. Is there an established grievance procedure that incorporates due process into the resolution of complaints? If NO, explain. YES NO DD 18. Has a person been designated to coordinate Section 504 compliance activities? If NO, explain. YES NO DD 19. Do recruitment and notification materials advise applicants, employees and participants of nondiscrimination on the basis of disability? If NO, explain. YES NO DD 20. Are auxiliary aids available to assure accessibility of services to hearing and sight impaired individuals? If NO, explain. YES NO DD PART IV FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000 OR MORE 35 16U231 October 2008 Contract # NSIP 203.09 21. Do you have a written affirmative action program? If NO, explain. YES NO DO DOEA USE ONLY Reviewed by In Comnliance: D No'D YES Program Office *Notice of Corrective Action Sent / / Date I Telephone: Resnonse Due / / On-Site D Desk Review D Resnonse Received / / DOEA Form lOl~A, Revised May 2008_ Page 2 of2 ATACHMENT A INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST 1. Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target population such as adolescents, describe the target population. Also define the type of service provided. 2. Enter the percent of the population served by race and sex. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other" races include Asians/Pacific Islanders and American Indian/Alaskan Natives.) 3. Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4. Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race, sex and handicap. If there is no advisory or governing board, leave this section blank. 6. Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOEA recipients and their sub-grantees. 45 CFR 80.4(a) 7. Is the race, sex, national origin composition of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff? 8. Where there is significant variation between the race, sex or ethnic composition of the clients and their availability in the population, the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons. 45 CFR 80.3 (b) (6) 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on-site record analysis of persons who applied but were denied services or employment. 45 CFR 80.3 (a) and 45 CFR 80.! (b) (2) 36 ," 16 D 23 'l~ October 2008 Contract # NSIP 203.09 10. Participants or clients must be provided services such as medical, nursing and dental care, laboratory services, physical and recreational therapies, counseling and social services without regard to race, sex, color, national origin, religion, age or handicap. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age or handicap. Entrances, waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients. 45 CFR 80.3 (b) II. For in-patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin, or disability. 45 CFR 80.3 (a) 12. The program facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services. 45 CFR 80.3(a) 13. Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available of their participants, beneficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either the Florida Department of Elder Affairs or the U.S. Department of HHS. The information may be supplied verbally or in writing to every individual, or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility. 45 CFR 80.6(d) 14. Report number of discrimination complaints filed against the program/facility. Indicate the basis, e.g., race, color, creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the current status, e.g., settled, no reasonable cause or reasonable cause found, failure to conciliate, failure to cooperate, under review, etc. 15. The program/facility must be physically accessible to disabled individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restrooms, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 16. Section 504 of the Rehabilitation Act of 1973 requires that a recipient offederal financial assistance conduct a self-evaluation to identifY any accessibility barriers. Self-evaluation is a four step process: . With the assistance of a disabled individual/organization, evaluate current practices and policies to identifY any practices or policies which do not comply with Section 504. . ModifY policies and practices that do not meet Section 504 requirements. . Take remedial steps to eliminate any discrimination that has been identified. . Maintain self-evaluation on file. (This checklist may be used to satisfY this requirement if these four steps have been followed.)45 CFR 84.6 17. Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.45 CFR 84.7 (b) 37 16n23 October 2008 Contract # NSIP 203.09 18. Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7 (a) 19. Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of handicap. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communication. 45 CFR 84.8 (a) 20. Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to, interpreters for hearing impaired individuals, taped or Braille materials, or any altemative resources that can be used to provide equally effective services. 45 CFR 84.52 (d) 21. Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246. 41 CFR 60 and Title VI of the Civil Rights Act of 1964, as amended. 38 16 LJ 23 Attestation Statement Agreement/Contract Number NSIP 203.09 Amendment Number I, Tom Hermine. Chairman (Recipient/Contractor representative) , attest that only one change has been made to the content of the above referenced agreement/contract or amendment between the Area Agency of Aging for Southwest Florida, Inc. and the Collier Countv Board of Countv Corrnnissioners. (Recipient/Contractor name) Page 4, paragraph 13, has been amended to specifically include reference to Section 768.28, Fla. Stat., regarding sovereign immunity. The only exception to this statement would be for changes in page formatting, due to the differences in electroniC, dat7essmg me 'a, which h~S no affect on the agreement/contract content. .,:J~ Signature of Recipient/Contractor represent (O~1J1 ~ Assistant County Attorney Date ATTEST: D~HT E. B~,' By' L, "- Attest ~$ ~. S1gl1.~ oA', , . , ,.,:' lj,i ORIGINAL DOCUMENTS, CHECKLIST & ROUTING SLlJ~ "'lI2"'- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D I:; THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA T ~ ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion afthe Chairman's 51 ature, draw a line thrall h routin lines # I thrall #4, com lete the checklist. and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin order I. Marlene Foard Grants Office 2. Colleen Green County Attorney C/vtC- 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the BCC otTIce only after the BCe has acted to approve the 6. item.) Name of Primary Staff Pamela Keyes Phone Number 252-2980 Contact Agenda Date Item was 10-28-2008 Agenda Item Number 16.D.25 Aooroved bv the BCC Type of Document Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, elc. signed by the County Attorney's Office and signatum pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl Slate Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and Ihe Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract dale whichever is a licable. "Sign here" labs are placed on the appropriate pages indieating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this rouling slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding 10 Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A lieable) 2. 3. 4. 5. 6. ~ &- NA Pl- ~ ~ c..-...... I: Forms! County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 tQn 25 MEMORANDUM Date: October 29, 2008 To: Pamela Keyes, Environmental Specialist Coastal Zone Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Florida Boating Improvement Program Grant Agreement (FWC Contract # 08064) Enclosed you will find three (3) original documents (Agenda Item #16D25), adopted by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If I can be of any further assistance, please call me at 252-7240. Thank you. Enclosure (3) ,...\\, ""1~" . ,v. ~ "/A If Florida Fish and Wildlife Conservation Commission Cornmissioners Rodney Barreto Chair Miami Brian S. Yablonski Vice-Chair Tallahassee Kathy Barco Jacksonville Ronald M. Beraeron Fort Lauderdale Richard A. Corbett Tampa Owl.ht Stephenson De/ray Beach Kenneth W. Wright Winter Park Executi....e Staff Kenneth O. Haddad Executive Director Nick Wiley Assistant Executive Director Karen Ventimiglia Deputy Chief of Staff Division of Law Enforcement Colonel Julie Jones Director 1850) 488.6251 1850) 921.6453 FAX Managing fish and wildlife resources for their long~ term well-being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399.1600 Voice: (850) 488.4676 Hearing/speech impaired: (800) 955.8771 (T) (800) 955.8770 (V) MyFWC.com I 6D 25 September 25, 2008 Pamela Keyes, Project Manager Coastal Zone Management Department Division of Public Services Collier County Board of County Commissioners 3300 Santa Barbara Boulevard Naples, Florida 34116 RE: Contract No. 08064 Florida Boating Improvement Program (FBIP) Grant Agreement Recreational Boating Characterization Study Dear Ms. Keyes: Enclosed are three (3) originals of the Grant Agreement for the FY 08/09 FBIP grant award to Collier County. Please have the Grant Agreement reviewed, signed by the authorized designee and return all originals to me. Upon full execution, an original will be returned to your office. If you have any questions or need further information, please do not hesitate to give me a call at (850) 410-0656, Ext. 17127 or e-mail me at Susanna.Stephens@MvFWC.comorTim Woody, Ext. 17173, e-mail Tim.Woodv@MvFWC. Sincerely, ~ Susanna Stephens, Program Administrator Florida Boating Improvement Program Boating and Waterways Section /ss Enclosures 16D25!; FWC Contract No. 08064 FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee. Florida 32399-1600. hereafter "COMMISSION," and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is 3300 Santa Barbara Boulevard, Naples, Florida 34116, hereafter "GRANTEE" to conduct a project entitled Recreational Boating Characterization Study, hereafter "Project," using funds from the Florida Boating Improvement Program, hereafter "Program," NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: GRANTEE ELIGIBILITY 1. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. 2. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good-faith performance as a responsible recipient. and that the GRANTEE shall comport with Chapter 287, F,S" and all other applicable rules and laws, SCOPE OF SERVICES 3. The GRANTEE shall implement and complete the project proposal as described in Attachment A, Scope of Work, attached hereto and made a part hereof, and Florida Boating Improvement Program (FBIP) Grant Application No. 08-020. incorporated herein by reference. All project activities must be completed during the time span provided herein for that portion of the Agreement. 4, The GRANTEE shall commence work on the Project within 90 days of execution of the Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in termination of the Agreement by the COMMISSION. 5, The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations, The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. 6. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including any construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 7, The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator for review prior to purchase of any commodities or services with a cost in excess of $2,500.00. The COMMISSION's Program Administrator shall have 10 working days for review. This review shall ensure that the GRANTEE was in compliance of Chapter 287, F,S, 8. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be fully responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable Page 1 of 9 1 e D 25 ~ FWC Contract No. 08064 to any sub-grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 9, The GRANTEE shall provide a draft of any study or brochure to be produced to the COMMISSION for approval prior to final printing and submission for payment. Further, at least 21 days prior to printing the COMMISSION shall review and approve all proposed publications that will be funded by this Agreement to ensure that environmental and boating safety issues are effectively addressed, At its discretion, the COMMISSION may elect to have its representative inspect printed material prior to its release from the printing vendor, The GRANTEE agrees to inform the COMMISSION at the completion of printing of any materials so that the COMMISSION may exercise this option. 10. The GRANTEE. at its expense. shall provide some manner of acknowledgement, approved by the COMMISSION, identifying the COMMISSION as a funding source for the Project. Failure by the GRANTEE to provide such acknowledgement shall be considered a breach of the Agreement. 11. If applicable, all engineering must be completed by a professional engineer or architect registered in the State of Florida. All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws, REPORTING REQUIREMENTS 12. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the form provided by the COMMISSION. Attachment B, attached hereto and made a part hereof, and due to the COMMISSION's Program Administrator by the 15'h of each month until the Certification of Completion is submitted. 13, Upon completion of the Project, the Project Manager for the GRANTEE shall sign a Certification of Completion form. Attachment C, attached hereto and made a part hereof, that certifies the Project was completed in accordance with the Project Proposal and the terms of this Agreement. TERM OF AGREEMENT 14. This Agreement shall begin upon execution by both parties and end September 30, 2009, inclusive. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. 15. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval. Failure to execute this Agreement shall render the award of funds null and void, and shall result in termination of this Agreement. COMPENSATION 16, For satisfactory completion of the project, entitled Recreational Boating Characterization Study, by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $80,000. 17. As indicated in FBIP Grant Application #08-020, the GRANTEE has agreed to provide 56% of the estimated total project cost. If the actual cost of the project is less than the estimated total project cost, compensation by the COMMISSION shall be 44% of the actual total project cost. Page 2 of 9 16n 25 FWC Contract No. 08064 PAYMENTS 18, The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of a final invoice, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. The invoice must be submitted within 30 days after completion of the Project. The invoice shall include the FWC Contract Number and the Grantee's Federal Employer Identification (FEID) Number and should be in a format similar to Attachment D, Sample Invoice Form. An originai and three (3) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 19. Program funds shall be disbursed to the GRANTEE oniy after pre-approved phase or final completion of the Project occurs and work is verified by COMMISSION staff, Payment will be made only for documented and verified costs. The COMMISSION will not pre-approve or disburse any Program funds in advance. Failure to complete the Project and make final payment request to the COMMISSION within the stipulated period shall result in termination of this Agreement. Any funds not disbursed or expended by the end of the stipulated period are subject to the provisions of Chapter 216,301, Florida Statutes. 20. No travel expenses are authorized under the terms of this Agreement. 21. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services. Bureau of Accounting and Auditing, Voucher Processing Handbook. Chapter 4,. C,. I., attached hereto and made a part hereof as Attachment E. 22. The COMMISSION shall have 45 working days to inspect and approve goods and services, 23, Any Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict any or all payment of Program funds pending correction of such deficiencies. 24. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Fiorida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature, 25. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize Federal funds for payments under this Agreement. In the event Federal funds become available for such use, and subject to the mutual agreement of the parties hereto. the Agreement shall be amended to include applicable Federal Requirements, 26, Invoices, including backup documentation, shall be submitted to: Florida Fish and Wiidlife Conservation Commission Division of Law Enforcement Boating and Waterways Section Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399-1600 Page 3 of 9 TERMINATION 16D 25 FWC Contract No, 08064 27, This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud. willful misconduct, or breach of this Agreement 28, The COMMISSION may terminate this Agreement at any time with or without cause by a written notice by certified mail, return receipt requested, from the COMMISSION to the GRANTEE. The GRANTEE will stop all work immediately upon receipt of the written notice, The COMMISSION will pay the GRANTEE in quantum meruit for the work that was satisfactorily completed prior to the date the notice of termination was received. 29. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all property belonging to the COMMISSION. For the purposes of this section, property belonging to the COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the COMMISSION. TAXES 30. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement NOTICE 31. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE Collier County Board of County Commissioners Division of Public Services Coastal Zone Management 3300 Santa Barbara Boulevard Naples, Fl 34116 Phone: (239) 252-2980 Fax: (239) 530-6531 Email: oamelakevesailcollieraov.net Attn: Pamela Keyes, Project Manager AMENDMENT OR MODIFICATION COMMISSION Fish and Wildlife Conservation Commission Division of law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, Fl 32399-1600 Phone: (850) 488-5600 Fax: (850) 488-9284 Email: fbioailMvFWC.com Attn: Susanna Stephens, Program Administrator 32, No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties, 33, The COMMISSION may at any time, by written order designated to be a Modification. make any change in the work within the general scope of this Agreement (e.g., specifications, schedules, method or manner of performance, requirements. etc,), However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing, Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment RELATIONSHIP OF THE PARTIES 34. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION, Page 4 of9 16 D 25 ' FWC Contract No. 08064 35. The GRANTEE covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required, 36, The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION INSURANCE REQUIREMENTS 37, To the extent required by law, the GRANTEE will either be seif-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement. Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE, Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION. for the protection of his employees not otherwise protected. 38. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry. only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements, Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, soie proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 39. The GRANTEE warrants and represents that it is seif-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES 40. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other materiai subject to the provisions of Chapter 119, Florida Statutes. and made or received by the GRANTEE in conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 41. The GRANTEE shall maintain accurate books, records. documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers. records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state. local or federal government. private sources or otherwise. These records shall be maintained for five (5) years following the close of this Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes, Page 5 of 9 l"n ?h. b'l.J '-,.,I FlNC Contract No, 08064 LIABILITY 42. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes, NON-DISCRIMINATION 43, No person, on the grounds of race, creed, color, national origin. age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 44. In accordance with Section 287,134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON-ASSIGNMENT 45, This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 46. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION, 47. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law, SEVERABILITY AND CHOICE OF VENUE 48. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 49. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. Page 6 of 9 16 D 25 FWC Contract No. 08064 JURY TRIAL WAIVER 50. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. PROPERTY/EQUIPMENT 51, SUbject to satisfactory performance under this Agreement, the GRANTEE shall retain title and ownership to all non-expendable equipment costing $1,000 or more purchased by the GRANTEE for purposes of this Agreement. However, In the event the GRANTEE fails to satisfactorily complete the services required herein, the GRANTEE shall: a) return to the COMMISSION all equipment purchased with funds from this Agreement; or. b) reimburse the COMMISSION for the cost of all equipment purchased with funds from this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 52, In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non- State organizations that are recipients of State financial assistance to comply with the audit requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMS Circular A-133, Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment F, titled Requirements of the Federal and Fiorida Single Audit Acts, attached hereto and made a part of the Agreement, as applicable, 53. In accordance with section 216.347. Florida Statutes. the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency, RIGHTS IN PROPERTY. COPYRIGHTS. AND INVENTIONS 54. All items, materials or products, of any description, produced or developed by the GRANTEE on behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any proprietary interest in the products and materials developed under this Agreement. 55, The COMMISSION reserves the right to determine the disposition of title and rights to any inventions and/or processes that may result from any experimental or developmental research performed under this Agreement. If Federal funding is involved in support of this Agreement. the Federal Government may reserve ultimate jurisdiction over title and right privileges. 56, Regardless of title or ownership of the products and materials developed under this Agreement, the COMMISSION and the State of Florida shall reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish. or otherwise use said work for governmental purposes, If Federal funding is involved in support of this Agreement, the Federal Government shall also reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. Page 7 of 9 " leD 25 FWC Contract No. 08064 ENTIRE AGREEMENT 57, This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein, (Remainder of page intentionally left blank.) Page 8 of 9 16D25 i"r FWC Contract No. 08064 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below, COLLIER COUNTY BOARD OF C~U7 COMMISSIONERS .Jr:JL-- Chairman, or designee' FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Director, Division of Law Enforcement 10 /ri$/d Ob i Date Date ToM. \-\~~\k~ Name (Print) ~\\it( ~~ 8oN'd of (l1lWA.+y ~lWIillSlOl\Il'S Grantee Name 3;OL1i1N:.~ T"A.~I E. Address , ~:. :~ ~~ ' I -'.\ " ~'_!>. t='L. 3+11;;), City, tate, and Zip Code < 61-fe>ooo558 Federal Employer Identification Number (FEID) By: _ ,..' ,.. AtteSt is to Cll stgn4tdr&J9f\Y Approved to form and legality: ll~7n~ Grantee Attorney List of attachments/exhibits included as part of this Agreement: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Exhibit 1: Scope of Work Monthly progress report form Certification of Completion form Sample Invoice Form Comptroller Cost Reimbursement Requirements Federal/Florida Single Audit Act Requirements Funds awarded pursuant to agreement *If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the local governing body must accompany the Agreement. Page 9 of 9 160 25 FWC Contract # 08064 ATTACHMENT A SCOPE OF WORK Recreational Boating Characterization Study INTRODUCTION The purpose of this project is to complete a comprehensive characterization study of recreational boating on the coastal waters of Collier County. This study will describe boating habits, travel patterns. and preferences for using local waterways and infrastructure, Boaters using local boat ramps and marinas will be identified during field inventories and surveyed using questionnaires that will be mailed in three seasonal waves, Responses from returned questionnaires will be tabulated into a geographic information system database; and, the results will be turned into maps that can be compared with maps of waterways, infrastructure, natural resources and management zones. Data analysis will produce the following management oriented products and maps: 1) Boater characterizations by type of boating group; 2) analysis of perceived detractors and needs. 3) analysis of perceived areas of boating congestion, 4) analysis of preferred boating destinations and activities. 5) maps of on-the-water boat traffic patterns by season, type of boat, type of boater, and type of access facility; 6) landside service area analysis for access facilities, 7) relative boat ramp use comparison over the course of the study year. The information resulting from this project could be integrated into county planning efforts such as updates of the manatee protection plan, TASKS The GRANTEE shall be responsible for completion of the following tasks: Task 1 - Identify recreational boaters who use boatina access facilities in Collier Countv The identification of owners (names and mailing addresses) who keep their vessels at marina wet slips. dry storage facilities. at docks behind their waterfront homes. or who use a public boat ramp. This element will involve an inventory of vessels and the following tasks; A. An inventory of vessels berthed in marina wet slips. This will involve the identification of (a) slip and dry storage capacities, (b) the numbers and types of vessels kept at marinas and dry storage facilities, and (c) bow numbers, or the name and hailing port from vessels kept at marinas and dry storage facilities. Bow numbers will be compared to vessel registration information to identify the names and mailing addresses of marina wet slip and dry storage patrons, Mailing addresses will be geocoded to map where boaters live relative to the marinas that they use, B. The identification of automobiles and trailers observed at prominent public boat ramps throughout the County. on sample days, over a one-year period, Automobile tag and vessel trailer tag data will be collected and compared to registration data to (a) generate seasonal use profiles for specific boat ramps, and (b) identify the names and mailing addresses of ramp users. Mailing addresses will be geocoded to identify general service areas for public boat ramps. C. The identification of single-family and multi-family waterfront residences that contain docks. Parcel ownership information (names and mailing addresses) will be compared with vessel registration ownership information to distinguish those waterfront parcels that are also associated with a boat. Task 2 - Conduct research survevs Implement three waves of mail surveys distributed throughout the course of one year to characterize seasonal use patterns. Names and mailing addresses obtained from element 1 will be used to mail a map-based mail survey to marina, ramp and residential dock patrons. Page 1 of 3 16D 25'" FWC Contract # 08064 ATTACHMENT A A. The survey instrument to be developed for this study will be a two-sided, 22 X 34 inch questionnaire that folds to 8 Yo X 11 inches. The questionnaire will allow survey recipients to mark on a map the waterway access site. travel routes, favorite destinations. and activities associated with their last two pleasure boating trips, The reverse side will consist of 25 questions divided into the following topical areas: 1. Description of last two pleasure boating trips (timing, frequency, duration of trips), 2. Description of vessels and access facilities used. 3. Description of the survey respondent, and 4, Open questions to identify perceived problems and needs, Task 3 - Process data from the returned survevs into a qeoqraphic information system (GIS) A. Spatial information will be digitized 'on-screen' using a 1 :24,000 scale shoreline, Digital Orthophotograph Quarter Quadrangies (DOQQ) imagery. and the positions of marinas. ramps, navigation aids, and artificial reefs, as background themes, to enhance the accuracy of digitized data. The database structure will allow information from survey questions to be 'iinked' to digitized spatial information by the use of the survey control number (10), which uniquely identifies spatial and attribute information provided by each survey respondent. The product of this eiement will be a series of spatial data sets that identify (a) the home location of the boater, (b) the recreational trip departure site, (c) favorite trip destinations, (d) intervening travel routes, and (d) perceived areas of congestion. B. Trip departure sites and congested spots will be digitized as point features with each record coded with the survey control number and the trip number (I.e., first or second trip). C. Favorite destinations will be digitized as point features and coded with the survey control number, the trip number (I.e" first or second trip). and the activities that a respondent engaged in at each favorite destination. 0, Travel routes will be digitized as iine features and coded with survey control number, trip number (I.e" first or second trip), round trip (or one way); if round trip, then the same route out and back, and whether or not the trip extended beyond the study area, Task 4 - Statistical analvsis of survev questions This task will include the following analyses: A. Boater group characteristics: An analysis of vessel and boater profiles, rationale for selecting departure sites and travel routes, activities conducted, and perceived congestion. B. Seasonal boating characteristics: An analysis to define boating seasons, number of trips taken, trip departure times. trip duration, weekday versus weekend trips, and boating activities. C, The categorization and ranking of perceived detractors and needs. A content analysis of open-ended questions that ask boaters to identify what detracts most from their recreational boating experience and what is most needed to improve their recreational boating experience. Task 5 - Spatial analvsis of boatinq patterns GIS functionality will be used to generate density maps of trip features (e,g., routes, destinations, congested areas), In addition, seasonal differences in trip patterns will be evaluated and mapped consistent with prior reports for Tampa Bay, Sarasota County, Charlotte Harbor and Brevard County, Task 6 - Print and distribute report A. Submit draft report to COMMISSION for review B, Upon approval from COMMISSION, print 35 copies of the final report to distribute upon request Task 7 - Acknowledqement The GRANTEE, at its expense, shall acknowledge the Florida Fish & Wildlife Conservation Commission. Florida Boating Improvement Program (FBIP) as a funding source for the Project on any printed materials or in some other manner approved by the COMMISSION. In addition. the GRANTEE shall include such acknowledgement in any publicity related to the Project. Page 2 of 3 16D25 FWC Contract # 08064 ATTACHMENT A DELIVERABLES 1 ' Draft copy of Recreational Boating Characterization Study 2, Final copy of Recreational Boating Characterization Study REPORTS A. Monthly Activity Reports The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of Phase I of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the form provided by the COMMISSION and due to the COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion is submitted, B, Bid tabulation The GRANTEE shall forward one copy of the bid tabulation to the COMMISSION's Program Administrator for review prior to purchase of any commodities or services with a cost in excess of $2,500.00. The COMMISSION's Program Administrator shall have 10 working days for review. This review shall ensure that the GRANTEE was in compliance of Chapter 287, F,S. C, Certification of Completion Upon completion of Phase I. the engineer, architect or other appropriate professional for the GRANTEE shall sign a Certification of Completion form, provided by the COMMISSION, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications. INVOICES AND PAYMENTS For satisfactory completion of the above services, the COMMISSION agrees to pay the GRANTEE on a cost reimbursement basis an amount not to exceed $80,000. The GRANTEE shall submit a request for reimbursement, accompanied by the required reports, no later than 30 days following completion of the Project. The request for reimbursement shall include the following: an invoice in a form simiiar to the Sample Invoice Form; a signed Certification of Completion form; one copy of any materials for distribution produced with grant funds; and, required documents as described in Attachment E. Comptroller Contract Payment Requirements. Page 3 of 3 16 D 25 ATTACHMENT B FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # Reporting Period (MonthlYear): (Due 15 days after the end of each month) Grantee: Project Title: 1. Describe tasks completed this month: 2. List deliverables provided to FWC this month: 3. List tasks scheduled to be completed during next month: 4. Is project currently on schedule for completion by September 30, 2009? YES NO (If No, please explain any problems encountered and/or possible delays) Project Manager Date Page I of 1 leD 25 ATTACHMENT C ~,11( ~ "~~~' ~it# FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM CERTIFICATION OF COMPLETION STATEMENT I, (Print Name and Title) representing (Name of Local Government) do hereby certify under penalties ofperiurv, as provided in s. 837.012, Florida Statutes, that the Florida Boating Improvement Program project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) (Date) STATE OF FLORIDA, COUNTY OF ( ) Personally appeared before me this day of subscribed and swore to the above instrument in my presence. > 200_> who Notary Public Name: My commission expires: (SEAL) CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the Agreement. Division: By: Date: Name: Title: 160 25 ATTACHMENT D INVOICE Billed to: Remit payment to: Fish and Wildiife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399-1600 Grantee: FEID#: Address: Dates of Service: FWC Contract #: Project start date: Amount of Grant Award: $ Project end date: Invoice Date: PROJECT COSTS: In-kind service: Other $ $ $ In-kind service: Administration In-kind service: Project Management $ $ $ $ $ $ Total Project Cost: $ Grantee Matching Funds (non-cash + cash): - $ Amount for Reimbursement: $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Date: Page 1 of 1 10D 25 ""< ATTACHMENT E Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (I) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for tbe transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Page I of I Ion 25- ATTACHMENT F REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section, Monitorinll 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 Commission sta(f, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission, In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews. investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, An audit of the recipient conducted by th'i! Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1" the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required, In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215,97(2)(1). Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non-state entities, State financial assistance does not include Federal direct or pass-through awards and resources received by a non- state entity for Federal program matching requirements. Page I of3 1611 25 In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215,97(2)(d), Florida Statutes, and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations). Rules of the Auditor GeneraL If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e,. the cost of such an audit must be paid from the recipient's resources obtained from other than State entities), PART III: OTHER AUDIT REQUIREMENTS There are no other audit requirements PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section ,320 (d), OMB Circular A-133, as revised. by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S, Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133. as revised (the number of copies required by Sections .320 (d)(1) and (2). OMB Circular A-133, as revised. should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A- 133, as revised, Pursuant to Section ,320 (t), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section ,320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee. FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: Page 2 of3 lti D 25 The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee. FL 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directlv to: The Commission the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133. Florida Statutes, and Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations). Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director by phone at (850) 488-B068. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. Page 3 of3 FWC Contract # 0806~6 0 25 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None. SUBJECT TO SECTION 215.97. FLORIDA STATUTES: Slate Agency: State Program: CSFA No.: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 77.006 Collier County Board of County Commissioners $80,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Project activities must occur on public lands owned outright or managed under agreement with another party with lease terms exceeding 20 years. 2. Project activities must not create a boating safety hazard and/or increase the potential for damage to natural resources. 3. Recipient must comply with the Florida Boating Improvement Program Guidelines, January 2008. 4. Recipient must comply with all Commission rules, policies and procedures as well as all other state and federal rules. NOTE: Section ,400(d) of OMB Circular A-133, as revised, and Section 215,97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included In Exhibit 1 be provided to the recipient. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L D 26 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATlJil\.EP . . Print on pink paper. Attach to original document. Origin<:ll documents should be h,md deliv~rcd to the I~oard Office The completed rouling slip and original documents are to be forwarded to the Board Oftlce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, andlor infomlatiun needed. If the document is already complete with the exception of lhe Chainnan's signature, draw a line throul'h routin!! lines # I throu~Th #4, comn[elc the checklist. and !\:Jf\vard to Sue Filson (line #5). Route to Addressee( s) Office Initials Date (List in routine: order) I.Frank Ramsey Housing and Human Service 7L 10/29/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Oftice PRIMARY CONTACT INFORMATION (The primary eonta:t is the holder of the original document pending 13CC approval, Normally the primary contact is the person who cn:atedlprepared the executive summary. Primary cantlct information is needed in the even I one oftlle addressees above. including Sue Filson. neeU 10 cmtacl staff for additional or missing information. All original documents needing the BCC Chairman's signatlln: are 10 be delivered to the Bee olfice only alter the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, I-lousing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/28/2008 Agenda Itcm Number 160-26 Approved bv the BCC Type of Document Impact Fee Defcrral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Officc and signature pages from contracts, agreements, etc. that have been fully cxecuted by all parties except the Bee Chainnan and Clerk to the Board and ossibl State Ot1icials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a Iicablc. "Sign here" tabs are placed on the appropriate pages indicating whcre the Chaimlan's si nature and initials arc re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! The document was approved by the BCe on 10/28/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 11- n/a 1t- 1t I: Forms/ County Forms/ Bee Forms! Original Docllments Routing Slip WWS Origina19.03.04. ReVIsed 1,26,(J5. Revised 2.2405 Return to 4227428 OR: 4404 PG: 2189 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 10/31/2008 at 08:27AN DWIGHT B. BROCK, CLBRK RBC m 52.50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: NOUSING << HUMAN SBRVICBS HORSBSHOB DR INTBROPPICB: PRANK RAMSBY 16 D 26 File# 09-027-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 28th day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Juan Barrera" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirtv Thousand Four Hundred Thirteen and 05/100 Dollars ($30,413.05). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall OR: 4404 PG: 2J9] .L b D 26 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Att t '. r:J'O{i es : ',',\; ,,~ ! """,, ", ,'(0 DWIGHT E. B~pC~ Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, ~/ By: Ub At~ ~$.tp:s~;j .tglll~J~I~ OR: 4404 PG: 2191 WITNESSES Wit~:~ Print am ~1\il;~tH~\.seJ1 OWNER: .;; ~e;a- 16D26 ~ OWNER: Witne~ )1. ~ Print Name L.t'7>i+ tJ, v STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing A eement was acknowledged before me this 2""t11ay of<:::..oJ1AN1ln.oA , 200~ by (( PI.. , who is personally known to me ~d ,.-L.. ('.J-U 'e.. as proof of identity. " '-->1 / ~ Signat re of Person Taking Acknowledgment Approved as to form and legal sufficiency: C~#tPOAA -e Colleen Greene Assistant County Attorney 7~d7~ 'Marcy Krumbine, MP A Director Collier County Housing and Human Services .~ OR: 4404 PG: 2192 EXHIBIT "A" 16D26 LEGAL DESCRIPTION Lot 121, Block D, Arrowhead Reserve at Lake Trafford-Phase Two, according to the plat recorded in Plat Book 43, pages 98 through 103, Public Records of Collier County, Florida STREET ADDRESS 1343 Lincoln Court, Immokalee, Florida 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed H. Government Buildings Impact Fee I. Law Enforcement Impact Fee $137.15 $390.08 $600.16 $1,286,85 $2,847.40 $10,988.65 $12,819.55 $967.34 $375,87 B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E, Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee TOTAL IMPACT FEES $30,413.05 Sept 5, 2008 OR: 4404 PG: 2193 Juan Barrera Bach-Architect 1039 Ringo Lane Immokalee Fl34142 16D26 Collier County Housing Services Attn: Frank Ramsey This letter is to express my interest in the Impact Deferral Program. Based on my skills in architecture and construction, I am confident of managing the construction of my home. developed thc construction documents from preliminary to construction phase and I'm currently finalizing contracts with sub contactor for their performance on thcsc project. My resume highlights my ability/knowledge/expertise in architecture and construction management. My Previous employer, Suffolk/Kraft ajoint venture for Ave Maria gave mc thc opportunity to developed a great amount of management skills in the construction field. While at Suffolk, I was able to succeed/save money/save time/increase productivity. during construction phases. 1 am capable of integrating my knowledge in construction to the practicc of architecture which 1 believe is critical to understand both fields in this profession. Thank you in advance. 1 am excited about my project getting started. It has been a challengc although I believe everything has come togcther and hopefully within a month permits will be obtained for my home. Please do not hesitate to contact me if you have any questions. I would be glad to review my qualifications in more detail if necessary. Sincerely, Juan Barrera ~-_._.._--!.! *** OR: 4404 PG: 2194 *** Juan M Barrera Objective Architect I Project Management 16 D 26 Experience June 2006- Jan 2008 Suffolk/Kraft Joint Venture Ave Maria, FL (Suffolk Core Values: Passion. Integrity, Hard Work. and Professionalism) Assistant Project Manager On Site Coordinator at Oratory Project. Responsible for creating work design details from architectural drawings to create on site shop drawings, and installations drawings through CAD. (conc. h.c. plank, cast In place conc, and, stone layouts) proposed details and changes, implementing alternative ideas Developed Excellence in Building Relationship with Sub-contractors. Suffolk Training: Expedition, Scheduling, Contract Management. LEED 2004-2006 A.M. Johnson Architect Naples. FL Intern I Project Architect . Designed and developed projects: Preliminary phase through Construction Documents. . Developed working Relation wi Contractors: (Plan Details, Building Codes, Material Methods 1996-1998 BCBE Construction co. inc. Naples. FL Layout Carpenter . Worked together with other trades accomplishing supervisor's schedules. Form. Rough & Finish Carpentry Education 1994-1996 Lorenzo Walker Institute of Technology Naples, FL . Carpentry Apprentice Program 1998 Edison Community College Ft. Myers, FL Drafting Design and Technical Blue Print Reading 1998,2003 Houston, TX University Of Houston (Gerald D. Hines College of Architecture) . B, of Architecture . B, of Architecture in Environmental Science . Minor In Construction Management Interests Currently working on the Florida Architect Registration Exam https:l/www.myfloridalicense.com/wI11. asp?mode=2&search=Name&SI D=&brd=&typ= Co'1ff:r County r.... 'IL.. - Memorandum 16E1 r~ . .'-~.- """" } DEe J 'j Luud Board oj C;ounty C':;:)!1lmJssioner5 To: Sue Filson, BCC Executive Manager From: Lyn M. Wood, C.P.M. -V Contract Specialist ~ December 4, 2008 ' Date: Subject: 08-5019 Fire Sprinkler and Alarm Testing, Inspection, Maintenance and Installation Cintas Assumption Agreement 41(.,~( IO/~~ Please obtain Commissioner Henning's signature on the attached Assumption Agreement and forward to Clerk's Minutes and Records for recording. Thank you for your assistance. ,.._--~.~-_.-_.._- -_._---_._,~- MEMORANDUM 16E1 DATE: December 5, 2008 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: #08-5019: Fire Sprinkler and Alarm Testing, Inspection, Maintenance and Installation Cintas Assumption Agreement Enclosed, please find one (I) copy, referenced above (Agenda Item #16EI) approved by the Board of County Commissioners on Tuesday, October 28, 2008. The original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures ASSUMPTION AGREEMENT 16[1 This Assumption Agreement is made and entered into as of {/)C~~ d"i, 2008, by and between Cintas Corporation No.2 ("Cintas"), and Collier County, a political subdivision of the State of Florida ("County"). WHEREAS, on March 25, 2008, the Collier County Board of County Commissioners entered into "Agreement 08-5019 for Fire Sprinkler and Alarm Testing, Inspection, Maintenance and Installation" with Building Systems Evaluation, Inc., dba Fire Sprinkler Systems Company, dba BSE (attached hereto as Exhibit A. and hereinafter referred to as the "Agreement"); and WHEREAS, Cintas hereby represents to Collier County that by virtue of an asset purchase agreement, Cintas is the successor in interest to Building Systems Evaluation, Inc. in relation to the Agreement; and WHEREAS, the parties wish to formalize Cintas' assumption of rights and obligations under the Agreement, effective as of the date first above written. NOW THEREFORE, IN CONSIDERA nON of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Cintas accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Cintas will promptly deliver to County evidence of insurance consistent with Section 10 of the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Contractor shall be directed to: CONTRACTOR: Cintas Corporation No.2 6800 Cintas Boulevard Mason, Ohio 45040 Attention: Phillip Holloman, President 5. The County hereby consents to Cintas' assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Cintas as the Contractor for all purposes under the Agreement. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement. effective as of the date first above written. l6tl FOR COLLIER COUNTY: ATTEST: . . :\'';'1'1'- . DWIGHT It,.BRbCK Clerk ~~~(~~ ;: DeputY,Qe'rk . At~St.41 to 'CIl4Irw.sn , 11 gIIl"r.~ : 9Il1 ~ FOR CINTAS CORPORATION NO.2: BOARD OF COUNTY COMMISSIONERS COLL ER COUNTY, FLORIDA TOM HENNING. C AIRMAN Attest: ~ /. lL". Corporate Secretary Date: SEP 1 6 (irq Date: '1-lb- OS egal sufficiency: Item# /locI Agenda tojzU()g Date Date I IX J ~{l} RecX'~ aLPf1t;.1,t, 'Deputy Clerk I 2 A G R E E MEN T 08-5019 for Fire Sprinkler and Alarm Testinl!;, Inspection, Maintenance and Installation THIS AGREEMENT, made and entered into on this ~ 5+1, day of 1\'1 a.rdr"l 2008, by and between Building Systems Evaluation, Inc., dba Fire Sprinkler Systems Company, dba BSE, authorized to do business in the State of Florida, whose business address is 3056 Palm Avenue, Fort Myers, Florida 33901, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of approval of the Collier County Board of County Commissioners. This Agreement shall be for a two (2) year period. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide fire sprinkler and alarm testing, maintenance and installation in accordance with the terms and conditions of RFP #08-5019, the Contractor's proposal and Exhibit A, Cost Proposal, referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Repair Service All repairs under $750.00 found during inspection shall be completed same-day if parts are immediately available. If parts are not immediately available, parts shall be ordered same-day, and repair work shall be done within forty eight (48) hours after delivery of parts. The Contractor shall provide written "not to exceed" estimates on all repair projects over $750, including a schedule for completion of the repair. Upon written acceptance of the estimate by the County, the Contractor shall order any parts that are not stocked, and schedule work for within 48 hours of part delivery. Page 1 of7 This estimate shall include the estimated number of hours, hourly rate, number and types of employees required, estimated material cost and number of calendar days required for project completion. Contractor shall respond to requests for estimates for non-emergency work within two (2) days and provide written estimates within five (5) days. It shall be the contractor's responsibility to ensure they have all information to prepare accurate estimates, The County reserves the right to bid any job with an estimated cost of $50,000 or more. EmergencyVVork The Contractor shall be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, 365 days per year for such emergency work. The Contractor shall provide the County with an on-call telephone number for emergency service. The Contractor shall have available an adequate staff of approved technicians to provide sen'ice taking into account vacation and other leaves. The Contractor shall respond on- site within one (1) hour for all emergency repairs in Naples and Marco Island area, and shall respond within ninety (90) minutes for the Immokalee and Everglades City area. Installation/New VVork The Contractor shall provide written "not to exceed" estimates on all installation projects over $750. This estimate shall include the estimated number of hours, hourly rate, number and types of employees required, estimated material cost and number of calendar days required for project completion. Contractor shall respond to requests for estimates for non-emergency work within two (2) days and provide written estimates within five (5) days. It shall be the Contractor's responsibility to ensure they have all information to prepare accurate estimates. The County reserves the right to bid any job with an estimated cost of $50,000 or more. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/ fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Page 2 of7 Building Systems Evaluation, Inc. 3056 Palm Avenue Fort Myers, Florida 33901 Attention: Richard M. King, President Telephone: 239-334--4217 Facsimile: 239-334-8096 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to Page 3 of7 suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue nntil the violation is cured. The Contractor further agrees not to corrunence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement irrunediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin, 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page 4 of? 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #08-5019 Specifi- cations/Scope of Services and Exhibit A, Cost Proposal. 15, SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and! or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and! or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and! or quotes; and, c. immediate termination of any contract held by the individual and! or firm for cause. 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Inunigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations Page 5 of7 relating thereto, as either may be amended. Failure by the Contractor 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. 18. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, tenns and conditions of this solicitation or resultant contract to other goverrunental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. 22. SUBSTITUTE PERFORMANCE. In the event the Contractor fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Contract Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. Page 6 of7 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ... '. . .) ". ATTEST,...>. .. ":" ':...... ': <.' '-' "-(.',':,' Dwi~tE:;~r82k, Cle~k ot.C6~rts "".,. Qs,v-...:r: \<.t~ 1'Typejprint wi ess namet Approved as to form and legal sufficiency: A,7?3~m~ 12cb.....1 Zu::t."':.J Print Name Page 7 of? BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . Building Systems Evaluation, Inc. dba Fire Sprinkler Systems Company dba BSE Contractor By: Ki~ ~. ~~I Vru~cl~ Typed signature a tItle ," ( EXHIBIT A COST PROPOSAL Cost per year for ALARM inspection services to the listed locations noted in RFP #08-5019: ( Building IlF" Building "H" Building "L" Building IIJ" BuHding IIW" Comer North Regional library Collier Central library Vanderbilt Library Golden Gate Branch library East Naples Community Center Golden Gate Community Center Immokalee Community Center Max Hasse Community Center Vineyards Community Cenfer Veteran's Community Park Frank E. Mackle.Park Golden Gate Park & Aquatic Center Clam Pass Recreation Center Eagle Lakes Community Park Golden Gate Emergency Services North Naples Emergency Services East Naples Emergency Services Immokalee Emergency Services EMS Heliport Marco Sheriff Sub-Station Community Development Services University Extension/Ag Building Immokalee DRILL Academy Medical Examiner's Building Golden Gate Sheriffs Sub-Station Sheriffs CIO Building Golden Gate Service Center Oept. of Motor Vehicles/Tax Office (, $1,360.00 (2) panels $1,373.00 $1,709.00 $6,266.00 (11) panels $ 545.00 $ 475.00 $ 437.00 $ 184.00 $ 227.00 $ 28S.00 (2) panels $ 389,00 $ 195.00 $ 430.00 $ 207.00 $ 194.00 N/ A, no longer provided by ColHer County Government $ 161.00 $ 100.00 $ 166.00 $ 397.00 $ 229.00 $ 145.00 $ 319.00 $ 129.00 $ 223.00 $ 709.00 $ 212.00 , N/A, no longer provided by Collier County Government $ 277.00 $ 18S,00 $ 403.0D $ 272.00 $ 451.00 Cost per year for SPRINKLER inspection services to the listed locations noted in RFP #08-5019: Building /IF' Building uH" Building "L" Building /lY' Building "w" Collier North Regional Library Collier Central Library Vanderbilt Library Golden Gate Branch Library East Naples Community Center Golden Gate Community Center Immokalee Community Center Max Hasse Community Center Vineyards Community Center Veteran's Community Park Frank E. Mackie Park Golden Gate Park & Aquatic Center Clam Pass Recreation Center Eagle Lakes Community Park Golden Gate Emergency Services North Naples Emergency Services East Naples Emergency Services Immokalee Emergency Services. EMS Heliport Marco Sheriff Sub-Station Community Development Services University Extension/Ag Building Immokalee DRILL Academy Medical Examiner's Building Golden Gate Sheriffs Sub-Station Sheriff's CID Building Golden Gate Service Center Dept. of Motor Vehicles/Tax Office ( $ 763.55 $ 663.80 $ 683.75 $ 563.65 $ 178.85 $ no sprinkler inspections required by code $ 284.35 $ 164,6-5 $ 643.85 $ 164.65 $ 164.65 $ 164.65 $ 164.65 $ 244.45 $ 164.65 N/A, no longer provided by Collier County Government $ no sprinkler inspections required by code $ 164.65 $ no sprinkler inspections required by code $ 164.65 $ 164.65 $ no sprinkler inspections required by code $ 164.6-5 $ 164.65 $ no sprinkler inspections required by code $ 244.45 $ 439.05 . N/A, no longer provided by Collier County Government $ 164.65 $ 164.65 $ 164.65 $ 164,65 $ 164.65 Cost per hour per skilled worker for regular business hours, Monday through Friday 8am to 5pm . Service Technician $70.00 per hour . Journeyman $70.00 per hour . Helper/Apprentice $50.00 per hour . General Laborer $50.00 per hour Percentage of mark-up over actual cost for parts/materials: 10% ( PRODUCER (407)843-1120 Johnson & Company 801 N Orange Avenue .ite 510 _.'1 ando, FL 32801 INSURED BUILDING SYSTEMS EVALUATIONS, INC. DBA FIRE SPRINKLER SYSTEMS COMPANY 3056 PALM AVENUE FT. MYERS, FL 33901 FAX (407)843-5772 DATE (MM/DOIYYYY) 01/25/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORQ ,. CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE INSURER" HARLEYSVILLE ATLANTIC INS. INSURER 8: INSURER c: INSURER 0: INSURER E: CO. NAIC# . 13>82 CnVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( PJ'.J.V REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN [S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. [,N~ r.!l~~ TYPE OF INSURANCE POLICY NUMBER POLlCY EFFECTIVE POLlCY EXPIRATION LIMITS ~NERAL LlABlUTY EACH OCCURRENCE . COMMERCIAL GENERAL LlABIUTY DAMAGE TO RENTED . I CLAIMS MADE 0 OCCUR MED EX? {Anyone parson) . PERSONAL & ADV INJURY . - GENERAL AGGREGATE . - n'L AGG~EnE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG . PRO- n POLICY JECT LOC ~TOMOBILE LIABILITY BAOM5574 11/01/2007 11/01/2008 COMBINED SINGLE LIMIT . ~ ANY AUTO (EaaCCident) 1,000,01 ,- ALL OWNEO AUTOS BODILY INJURY (Perpefson) . A - SCHEDULED AUTOS - HIRED AUTOS BODIl. Y INJURY (Peraccictenl) . - NON-OWNED AUTOS - PROPER1Y DAMAGE . (Peraccldent) ==rGE LIABILITY AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN fA ACC . AUTO ONLY: AGO . OESSIUMBRELLA LIABILITY EACH OCCURRENCE . OCCUR D CLAIMS MADE AGGREGATE . , R DEDUCTIBLE . RETENTION . , WORKERS COMPENSATION AND WC STATU- IO~- EMPLOYERS' UABILlTY E.L. EACH ACCIDENT . ANY PROPRIETORfPARTNERlEXECUTIVE OFFICERfMEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYE . lIyas,dBscribeunder E.L. DISEASE - POLICY LIMIT . SPECiAl PROVISIONS belO'N [lJ\'ER ACTUAL CASH VALUE A OMOBILE BAOM5574 11/01/2007 11/01/2008 $500 DEDUCTIBLES PHYSICAL DAMAGE COMPREHENSIVE & COLLISION DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Collier County Government 3301 Tamiami Trail East Naples, FL 34112 CANCELLA I N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY CERTIFICATE HOL OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AurnORIZED REPRESENTATIVE ~l/'<'---- Todd L. Johnson/MIKE ACORD 25 (2001/08) FAX: (239) 334-8096 @ACORD CORPORATION 19: 1bisc:ertifieateisexecuted Lib MutualInSU!lll1t:eGrou asres ectssuchinsuranceesisllffbrrlcd those co Certificate of Insurance This certificate is issued as a matter ofiniolTTlllrion only and confer;; no rights upon YOlllhe certificale holder, TIlis certificate is not an insurance policy and c10es not amend.. extend. or alter the coverage afforded the olicieslistedbe1ow. This is to certify that (Name and address of Insured) ies. BMOO68 Agricultural Employee Services (AES) a trade name PEO Services, Inc., Services to Agriculture I, LLC Services to Agriculture n, LLC 3660 Central Avenue Suite 4 ~ Libertx ~ MutuaL FortM ers,FL33901 is, at the issue date of this certificate, inaured by the Company undl:lf the polioy(ies) listed below. The insurance IIfforded by the listed policy(iesl is subject to all theiT terms, exclusions and conditions and isnotalteredbvan rc men term or condition ofllnV contract Of other doewnenl with ~nect to which this certificate may be iSS\lecl. Exniration Tvne Eff./Exn. Dat"'s\ Pollcv Numberfs\ Limits of Liabilitv Continuous. 11/0112007/II!OIt2008 W A6.15D-280 114-027 Coverllge afforded under we law of Employers Liability f-- the foUowlng states: f-- Extended Bodily Injury By Accident X Policy Term FL $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Workers Compensation Bodily Injury By Disease $1,000,000 Each Person General Aggregate-Other than Prod/Completed Operations General Liability Products/Completed Operations Aggregate H Claims Made Occurrence Bodily Injury and Property Damage Liability Pcr Occurrence I Retro Date I Personal and Advertising Injury Per Person / Or~aniZ3tion Other Liability Other Liability Each Accident - Single Limit - B. J. and P. D. Combined Automobile Liability Each Person - Owned - Non-Owned Each Accident or Occurrence Hired Each Accident or Occurrence Workers Compensation for Employees leased to but not subcontractors of Building Systems Evaluations Inc. DBA Fire Sprinkler Systems CO.,Inc. C 0 M M E N T S Noti~ofCllleellation: (ROt applicabl~ UIlI~ss a numb~r of days is ~ntgml below). aeror~ the Slated c><:pirntion dale the compa1l~ will nol c'U1ccI or.educe the ;Il!UrMCe afforded IInderthe aboVll pIllicies Illlul a11~asIJOdayano!icoofs\IChcanc~llltionhasbean mailed 10: Office: Tampa, FL Phone: 800-282-6218 ~,.h ~~ Certificate Holder: RALPH BARNES Collier county Government Authorized Re'"'resentative 3301 Tamiami Trail East Naples, FL 34112 Date lssued; 11/28/2007 Prepared By: RC 08/09/2007 13:08 3524'330402 NADJRE COAST INS PAGE 01/02 ACO..BD.. CERTIFICATE OF. LIABILITY INSURANCE (352)493-0402 FAX Ioe. DAlE (MMlDOJYYYYJ 08/09/2007 TIllS CERTIFICATE IS ISSUED AS A MATTER aF INFORMATION a'lL Y AND CONFERS NO RIGHTS L paN THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, El(fEND OR ALTER THE COVERAGE AFFORDr;!' BY TIlE POLICIES BELOW, PROOUCER (352)493-2565' Na~ure Coast Insurance, ~372 NW Hwy 19 ,-0 Box 1520 Chiefland, FL 32644 IN.9UREO BUilding-Sys1:ems Evaluition, Inc~ DBA BSE & DBA Fire Sprinkler Syste~ Gompany 3056 Palm Ave, Suite 1 Fore Myers, Fl 33901 INSURERS AFFORDING COVERAGE '~~~~~~irst Mercu~y.lnsuralce Co~ INStFlEFltl: NAIC# -fMj'(: INStlRERC: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE l.ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER' JD INlJICATED. NOl1MTHSTANDING ANY REQUIREMENT. TERM OR CONDITION Of ANY CONTRACTOR OTIiER DOCUMEN'TlMTH RESPECT TOiNHlCH THIS CEf TlFlCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRI8ED HEREIN IS SUBJECT TO ALL THE TERMS, EXClIJ >IONS AND CONDITIONS OF SUCH POLICIES.AGGRE~:._~_UMITSSHOWNMAY.~A~_BEENREDUCEDeYPAl:,?C_~;~ ___._.. _,,____ __.__. INSR: DO' TYPE OF INSURANCE; POUCYNUNlSER PO~ POUCYEXP'JR./II.TION WMlr3 G!;N~RAL UABIUTY FMMI013S6S 07 jOl/2007 07/01/2008 EACH 0(:<; IRfl.Et>lCE $ ~.. COMMERCIAL GENERAL UA6JUTY ~~~~~ ~~~~ :,; --- ClA1MSMAOE rX r OCCUR MEPEXP(1nylJl'\(lpo:ll""O") l- I ..-- I PERSOOAL!,ADVlNJURY , .- ..-. _....-~ --.-'..._-- GENER."-o'- ~ GGREG,ATE ! -GEN'L AGGREGATE LIMrr-APPL;~ PF.R:; --;ROo-ucn: - CONp!OP AGG S XlPOLlcynr:& I--l-LOC .- ..._~ ~'fOM09tLE UABrUTY COMBINED SINGLE liMIT ANY AUTO (Ee 8cclOl"'~ A . - ALL OINNED AlJT03 SCHEOVLED AUTOS HIREO AUTOS BODILY INJ IRY (pefp"f~ln) . - - l'IOJ'l-OWNED AUTOS SODllY p~J IRY {PlIJfacclden) , PROPERTY )M(/\GE (f'ef8CClderl) . ~RAGE L1AB111l'Y _j ANY AUTO AlITO ONI.. 't _ EA.ACCIDENT :$ --.-- fA^CC os OTHERTl-lII'" AUTO ONl'r AGG :5 . e:XCl:;S:5/UMBRELLA llA6IUTY ~.J OCCUR 0 Cl.AI'MS MADE h OEDUCTlBlr;. I RETENTION 5 WORKeRS COMPENSA110HAND EMPLOYERS" UABIL.FtY AWf -P-~OPR1ETORfPARTNERlEXE.CUTIVE OFFICERnlAEMB!;;:R €,XCLUOE07 ~~C~~:Jv=~ bQIaw OTI<ER ~~H~ClRRENCE AGGREG.\Ti . , . , -.. I ,we ST \lU. OTH_ ___J.J:Qlrf.l tMITS. . EB ~~~ ;CID~~T 5: E.L Of SEAS. ;.E:AEMPl..OYe $ -,-~-". E.l.tlfSEAS ;.POLtCYlIMIT $ DESCRIPTION OF OPERAllONS I LOCJl,nONS IvefICUi!$JQCClUSIONS AODEO BY ENDOl:lse'MeNT"!$pf:ClAL PROVlSIONS The General liability policy includes a Blanke~ Additional Insured Endorsemen~, CERTIFlCA ER CA C ON Co 11 i er County Government ~301 Tamiama Trail Eas~ Purchasing Building G Naples. fL 34112 SHOULD ANY OFll1E ABOVEOESCRIBeo POLlr;):3 BE CANCl2llm BEFORE The EXPlAATlON DATE THEREOF, TIiE. ISSUING IN'S,UI :ER V<JILL ENDeAVOR TO ItAAfl ~ DAYS \Il/RlTTEH NOTICE -ro 'll-fl! CERllFt :ATE H01.DER NAr>'lEP TO THE LEFT. 6lJTf:ArLtJJUi TO MAIL SOCH NonCE Sl-lALll~lf" 18E NO O'8UGATION OR UAl3lltlY ACORD 25 (2001108) ORIGINAL DOCUMENTS CEECKLIST & ROUTING SLlr 6 E . TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO J. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE - Prim OIl pinkpsp<r. AltIdIIll origillalA.,......_. OrigillalA~m_N s!IouJdbo Iwld dllJi..-1ll the BoardOllico. 'lhccmpi<ledmulingslip Olld origi.aal A~_N "" III botbrwatdedlll the BoardOfli= aaly!l!!a:t!Io Board has Cllo:lI.actica.OIl the iflmL) - _ . .. __ . _ ROUTING SLIP - _. . -OmIph:ll"OlIlillllincs 'llbrough 114 as ~ b:addidcaaI,;gDIlmI:S. dat=, mdloriDfcmJaliOll ueeded..It tbe A~_"is alr=dy ccmplclo with tbe at-then..;.."""", . dn....liDetbloa IOlIliD 1lnc:r'1 #4, Ieletbec:lleckJisr; mdforwvd III SucFilsoll (IlDa#5). Route to Addressee(s) _ Office Initials Date (Il3ria . order) -,,, - 1. PRIMARY CONTACT. INFORMATION ("!be primary c:aatlcl: is tbe _ of dill orisizW doc:uml:a' pclding Bee 'l'provaL NllmIlll1y dle primaIy c:aatlcl: is die P""Ol1 who c=IlldIprcparcd dle _vc S1lIIIIIWY. Primary -= UzfcrmaliOll is accdcd ill die ......, ODe of dill -== .oove. including Sue Rlsoa.. aced to c.on= naif fer addilioaa.l or missing illCalmadolI. All arigiIW A~_N accdlng IIle Bce Cllainl:llIII', siglllltlltC "" to be deuvered to die Bee oflia: ooJy oftcr <he Bee bas ll&:II:d to _ die itl:m.) Name of Primary Staff ConlaCt AgencIa Date Item was ved b the BCC Type of Documene AalIched \,,'.. 2. --- 3. 4. 5. Sue Filson. Executive Manager Board of County Commissioners 6. Minutes and Records Cler.lc of Court's Office Agenda Item Number Phone Number If"'\,> Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Noe Applicable column, whichever is 1. - Original doc:w:cent has been sigoc:lfmitialecl fer legal sUfficiency. (All documents to be sia-:I by the_ Chairman, with the exception of most te=. must be reviewed and signed liy the 0fIice of the County Arlt:JrDey. This mcludes signacure pages from ordinance:s. resolutions. etc.. sigaed by the County AJ:1r:Jr=y's Oflicc and signacure pages from contrad:l. agree=lS, etc.. that have been faIlyexecuted by all parties except the BCC 0Iairman and Clerk to the Board and I Slate Official..) 2. All haDdwrittca.strike-lhrongh aIld revisions have been initialed by the CoUll!y ~y.' s Office and all other . es the BCC Cbainnaa and the Clerk to the Board 3. The ('J,'n-,.,n'S signatU:re line date has been entered as the date ofBCC approval of the doc:w:cent or the final De . COnlraC! date whichever is Iicable, 4. "Sign here" tabs are placed on the "l'~.o~,;.ue pages indicating where the Chairman's si - and initials are . S. In tilost cases (some contracl:l are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours orBCC approval. Some dcy.""""It! are time sensitive aIld reqnire 'forwarding to T.Il. h'.see within a certain time frame or the BCC's actions are 11IlIlliied. B. aware of our deadlines! 6. The dc>...."'..'1( was approved by the BCC on~ :U>>\1.wo'enter date) and all changes made dnriug the meeting have been iJu:orporated in the attached document. The Conn Attorn . Office has reviewed the es. if a Iicable. 3 - 89 17 / Yes N/A (Noe (Initial) licable) Cffit -- - ,v/A'ifr emt ..~ . ~ FonmI Cowuy _ Bce FonmI Original nr.-,~~~ Rowing Slip WWS Original 9.03.04, Revised 1.26.05. RcvUcd 2.24.05 CONSERVATION COLLIER Tax Identification Number: 39492200007 16E 3'- AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between GLENDA S. BEARDSLEY, individually, and as trustee, whose address is 4661 13th Avenue S.W., Naples, FL 34116-5131, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Eighteen Thousand Sixty Dollars and 00/100 dollars ($18,060,00), (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 Identification Number: 39492200007 16E 3~ 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 (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey 2 CONSERVATION COLLIER Tax Identification Number: 39492200007 16E 3 good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 use and purpose in the Conservation Collier program. 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 3 CONSERVATION COLLIER Tax Identification Number: 39492200007 16E 'l~ 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. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 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 4 CONSERVATION COLLIER Tax Identification Number: 39492200007 16E 3 required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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. 5 CONSERVATION COLLIER Tax Identification Number: 39492200007 16E 3' 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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: 6 CONSERVATION COLLIER Tax Identification Number: 39492200007 16t 3~ 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, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Facilities Management Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Glenda S. Beardsley, Tr. 4661 13th Avenue S.W. Naples, FL 34116-5131 Telephone number: 239-455-4430 Fax number: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 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. 7 CONSERVATION COLLIER Tax Identification Number: 39492200007 16E 3"~' 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. 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: If) I Zf)JtJJ{)fJ, , I ~ loJun ~ 1& 63 AS TO PURCHASER: DATED:~ ATTEST:, ' :100' DWIG_rtT 1:;, BRO~K,'-Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .\\' A as to 011'_ " 11llA~QIl''', BY: 8 CONSERVATION COLLIER Tax Identification Number: 39492200007 AS TO SELLER: DATED: q ~ 1-/ ~ {Jf WITNESSES: c:o/~_' t!:L~d~,V (Signatu {J Gcu- y J.- . Bw tvdslfO, 'v (Printed'Name). / ~:::f;~bff~'/ (Signature) B r ()CJ K<2- H 0 II CUtld8 f- (Printed Name) Approved as to form and legal sufficiency: ~Cl~ ' Jen ifer A. Bel dio Assistant County Attorney 1 [- 6c 3 / ~dLt.t GLENDA S BEARDSLEY, INDIVIDUALLY AND AS TRUS 9 EXHIBIT" A" TAX IDENTIFICATION NUMBER: 39492200007 LEGAL DESCRIPTION: THE EAST SEVENTY FIVE (75') FEET OF TRACT 26, GOLDEN GATE ESTATES, UNIT 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.14 ACRES 16E 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlP1 6 E .. TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO .L TEE BOARD OF COUNTY COMMISSIONERS OmCE FOR SIGNATURE I'lim QI1 pink paper. Aaach to arigillal_-' Origillal A~m_" sbouJd be balId d4J1vered to tl1e Board 0tIicc.. 1hcomp/oled.mu...g ,Up llJld origiDn! A~.. are to ball:wmlod.to tl1e BaarclOflia: aaIy!!!!!:tbll Baarcl has t1blI.lClica.Cll tl1e ill:m.) . . .... .. . ROUTING SLlP . .CamplD IDlIliDg _ 'llllmugb.l4 as ~ fur addilimaI.;ll"'~ elms. a:ot!Iar infcraw:lQl1l1llCded..lt fIIc A""":'_;is ilh=ty camplD will1 fIIc at.tl1e,.".......".. . dz:lwaJlnetbrou 1tllIliD liIIes.l tb:rou #4, lDtl1ec:hecldbt;mdftnvtltoSlltl'ilsall(liDe~. . Route to Addressee(s) . Office Initials Date . in_rill onlor) .'.'.. 1. ",': 2. 4 i" PRIMARY CONTACT. INFORMATION ('l1Ie primary _ is fIIc bllldor af!be origiIlaI A~~_' p""",,g Bee approvaL Ncnimny 111. primary __ is fIIc pClSQQ wbo <:rc:IICdIprcpa fIIc executive SUIIlDllIrY. Primary __ iDfcmwiQl1 is _ in ll1c .""'" lllIC 0( fIIc 0KIdrcss= above. iDcludillg Sue Filsal. aced to """"'" sail fur addiliClllll or lIIis3ing iIlfam>uica. All original_IS acr:ding!be Bce CIWnIJaD', signaauc "" to be dclI_ to <he Bee atli"" <Xlly afrcr fIIc Bce has aa=I ta approve <he i-'l Name of Primary Staff Contact Agenda Date Item was ved b the BCC Type of Document Attached 3. ;;2- lu6 I Yes WA(Not (Initial) licable) t-rnt- ---. 4. /II Cf(lL - C8- - , ~ ~11f .,. 5. Sue FIlson, Executive Manager Board of County Commissioners ~. ~ _ Cowu:y _ Bce _ Original!locuml::lls Rmuing Slip WWS Original9.o:l.04, Rome<! 1.2t\.~. R.vUsed 2.2<.O~ 6. Minutes and Records Clerk of Court's Office Number of Original Documents Attached Phone Number Agenda Item Number 1. INSTRUCTIONS & CHECKLIST Initial ~ Yes column or mark"NIA" in lbe Not Applicable column. whichever is Original. -100""_ has been signedl"mitialed for legal sUfficiency. (All documents ro be sigIlCd by the. Chairman, with the exception of IllOst letters; mUst be reviewed and signed tiy the 0fIice 0{ the County A11tJmt:y. This includes signature pages from ordinances, resolulions, etc. signed by the County AJ1rJrMj's Office and signature pages from contracts. IF"''''''"'''. eu:. !bat have been !iIlIy executed by all parties exccptlbe BCC Chairman and Clerk ro!be Board and I Sr.are Officials.) An IwldwriUl:D.strike-throagh and revisions have been initialed by the County ~y: s Office and all other arties t the BCC Cbainnan and !be Clerk to the Board The Chainpan's oig>".,,-.line d.alc has been~ as !be dale ofBCC approval of the docamem: or the finaI lie tiated COnttaCl d.alc whichever is licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si. and initials are . In most cases (some comracts are an exception), the original document and this routing slip should be provided ro Sue Filson in the BCe office within 24 botD'S ofBCC approva1. Some d"""~-ts are time sensitive and require 'forwarding ro Tallahas= within a certain time frame or the BCC's actions are nullified. Be aware of our '!..nTin.,.! The do~",,!,,t was approved by the BCe on " (enter date) and all c:hanges made during the meetiDg bave been incorporated m the attached document. The Coon Attorn s Oftlce has reviewed the if a liabl.... 2. 3. 4. s. 6. CONSERVATION COLLIER Property Identification No. 39491320001 & 39493360001 16E 4~~ AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JAMES A. BLAKE, whose address is 2064 Pineland Avenue, Naples, FL 34112-4746, (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 Forty Three Thousand Two Hundred Forty Nine Dollars and 00/100 dollars ($43,249.00), (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. 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 1 CONSERVATION COLLIER Property Identification No. 39491320001 & 39493360001 16 E 4 "~~ 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 (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects 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, 2 CONSERVATION COLLIER Property Identification No. 39491320001 & 39493360001 16E 4':~ may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 withthe 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 use and purpose in the Conservation Collier program. 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. Seller shall be notified 3 CONSERVATION COLLIER Property Identification No. 39491320001 & 39493360001 16E 4'; by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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. 4 CONSERVATION COLLIER Property Identification No. 39491320001 & 39493360001 16lE 4 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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 5 16E 4 ~'\~ CONSERVATION COLLIER Property Identification No. 39491320001 & 39493360001 moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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. Xl. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: 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, SRM/A, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 6 CONSERVATION COLLIER Property Identification No. 39491320001 & 39493360001 16E 4 If to Seller: James A. Blake 2064 Pineland Avenue Naples, FL 34112-4746 Telephone number: 239-774-1858 Fax number: 239-732-0005 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to 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, 7 CONSERVATION COLLIER Property Identification No. 39491320001 & 39493360001 16 E 4 .,~ 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. 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: JO/,tii}.2../)08 / AS TO PURCHASER: ~c&:J.. /~ -# /&.5 4 DATED:~ ATTEST: DWIGMJ: E.\aRQlCf, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 7~ A~ st ,,,.to ~t~' SlQOdture on'l".;,~"\ BY: AS TO SELLER: DATED: ~l 7.-008 WITNESSES: ~ CS"C,;SOf\..'13'1 (es (Printed Name) ~.a~- J ES A. BLAKE k~g~AnP~ !Signa e) Su:...- 3 I fY) 2i rn (V)f'rtT\.(}.fJ (Printed Name) Approved as to form and legal sufficiency: 8 16 E 4 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39491320001 LEGAL DESCRIPTION: WEST 105 FEET OF TRACT 15, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.59 ACRES AND PROPERTY IDENTIFICATION NUMBER: 39493360001 LEGAL DESCRIPTION: EAST 75 FEET OF THE WEST 180 FEET OF TRACT 38, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.14 ACRES ~ c. ~ ..'; ORIGINAL DOCUMENTS CEECKLIST & ROUTING SLI! 6 E . 5' ., TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OffiCE FOR SIGNATURE , Prim 011 pink paper. AltIdlIll arigimll_~r Origimll A~_.. 3bouJd be iwld delivered III die Board 0tIice.. ThtCClllplct=i lOU..g slip and origiW ~~~.. ue III befccwmledlll die BoardOflio: ODIy!C!s:t!laBoardhas l:IJo:u.aolim.OIl die irom.) , . .' " ROUTING SLIP "Camplola maIing IiDa 'llbma&h 14 as ~ tbr addiliaW siglWllECS, dales. mtilat iDfcmw:i0ll Deeded.l! die A......;,~. is llln:ody CCllIpIola with die OIIafdle'""""""""'S . dr.I.....JiDerhrou ItllIIin lines.l thrau 14, Ioladleclleckllsr;mdfcnvvdIllS...I'iIsa1(liDo#5). , Office Initials Date .:-",-..... l. 2. 3. 4. 5. Sue Filson, Executive Manager 6. Minutes and Records ---- ----- ... Board of County Commissioners Clerk of Court's Office . PRIMARY CONTACT INFORMATION ",' ' . (The primary _ is t!Ia _ af die aripw doc:ume:lt pellding Bee approvaL N=Uy die primary CllIlClCt is ~an wba acur:d/pll:parl t!Ia =cud.. SlIZIlDWY.l'Iimuy _iDfanmtian is _ in t!Ia eVCUOllll oft!la -==.oove. il1clwting Sue fiJson. need ic~ClCtstlfftbradditiaaal OJ:lllissing iDl'alm:uiaa. All arigimll da:omI:olS llCCdiDg t!Ia Bee Chairmm', sip""" = to be delivered to die Bee office only:m.:r t!Ia Bee has llCIl:d to approve t!Ia iua) Name of Primary SllIif ConlllCt Agenda Dille Item was roved b the BCC Type of Document Altachcd Q QtL--\ Phone Number d6; (' Agenda Item Number -'* 6 Number of QriiPnal Documents Attached j lNSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NJ A" in the Not Applicable column. whichever is Yes N/A(Not (Initial) licable) 1. OrigiDal doco""'- has been signedfmitialed fer legal sUfficiency. (All documents to be signed by the, Chairman, with the exception of most Ie=. must be reviewed and signed tiy the Office ot the County AtJtJrney. This im:ludes signature pages from orrlin.n....... resolulions. etc. signed by the Coutlty A:at:JrrJey's Office and signature pages from contracts, agreements, ere. that bave been folly executed by all parties except the BCC Cbairman and Clerlt to the Board and I Stale Officials.) All bandwrittcn.striIte-tbrongh and revisions bave been initialed by the County ~y: s Office and all other artics the BCC Chairman and the Clerk to the Board The rh.""""",s signature 1ine date bas been entered as the date ofBCC approval at the doc:mnent or the final ne tia!ed contr3Ct date whichever ill Iicable. "Sign here" tabs are placM on the appropriate pages indicating where the Chairman's si and initials are In ri10st cases (some COIIIrlICtI arc an exception). the original document and this routing slip should be provided to Sue Filson in the BCC office witbin 24 bours ofBCe approval. Some oo..."""'lI!S are time sensitive and requireTorwarding to T,Il.h..."" witbin a certain time frame or the BCC's actions are nulliiied. Be aware of our n~.nEn~! The dcw-n......,t was approved by the BeC on InI2~/'M~(enter date) and all changes made du:riDg the meedng have been incorporate'd in the attacl1ed docnment. The Coon Alto s Oflice has ..mewed the eo. if a Iicable. C1nt 0nll 3, 2. - 4. ~ .tf/j,., .... s. 6. ~ I'atrmI County I'atrmI Bee l'omIsI OrigizW IJoc:umcIls RDaring Slip WWS QrigizW 9.03.04, lL:...e.l 1.26.05, Rcvisod U4.05 CONSERVATION COLLIER Property Identification No. 39493480004 16E 5s "i AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and BETWEEN FRANK J. CELSNAK AND MARLENE J. CELSNAK, TRUSTEES OF THE FRANK J. CELSNAK & MARLENE J. CELSNAK TRUST UNDER AGREEMENT DATED DECEMBER 27,1991, whose address is 23133 Oakglen Lane, Bonita Springs, FL 34135-2010, (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 Twenty Five Thousand One Hundred Eighty Nine Dollars and 00/100 dollars ($25,189.00), (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, 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 Property Identification No. 39493480004 16E 5' 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 2 CONSERVATION COLLIER Property Identification No. 39493480004 16E 5' be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 use and purpose in the Conservation Collier program. 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. 3 CONSERVATION COLLIER Property Identification No. 39493480004 16E 5' 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. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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. 4 16E 5 CONSERVATION COLLIER Property Identification No. 39493480004 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 h$!rewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's IiIcceptance 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 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, 5 CONSERVATION COLLIER Property Identification No. 39493480004 16E 5'~ management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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 6 CONSERVATION COLLIER Property Identification No. 39493480004 16E 5 ~1 With a copy to: Cindy M. Erb, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Facilities Management Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Frank J. & Marlene J. Celsnak, Tr. 23133 Oakglen Lane Bonita Springs, FL 34135-2010 Telephone number: 239-949-4653 Fax number: 239-949-4650 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 7 CONSERVATION COLLIER Property Identification No. 39493480004 16E 5 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. 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: ,Ii;;.2/ 021/)8 . _ ~>tk /~ #/l,c0 AS TO PURCHASER: DATED: \O~J..oo8 ATTEST: ... DWlGI-j"f E~ -BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .s fu.r...At ,:;.", .tllll4+'~ -'JII,.c/':IMn S ..... ..00,_ BY: .i- 8 CONSERVATION COLLIER Property Identification No. 39493480004 AS TO SELLER: DATED: q~ J,t;bB WITNESSES: ( ignature) .---. !ft~uo IA [Ii.. \<6JAck~?t ti) I (Prin d Name) (Sig ure) \.I~' t'ld \^looO ~ (Printed Name) ~ WITNESSES: ( . (Print d Name) ( ~All\'~O~ (Sign o {'t~ \ill~ (Printed Name) Approved as to form and legal sufficiency: ~("'1 ~.~ ~ Jennifer A. Be dio Assistant County Attorney 16f 5~ B NK J. CELSNAK, TRUSTEE OF THE FRANK J. CELSNAK & MARLENE J. CELSNAK TRUST UNDER AGREEMENT DATED DECEMBER 27,1991 BY: MARL NE J. CE , THE FRANK J. C LSNAK & MARLENE J. CELSNAK TRUST UNDER AGREEMENT DATED DECEMBER 27,1991 9 16 E 5i EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39493480004 LEGAL DESCRIPTION: THE WEST 105 FEET OF THE WEST 180 FEET OF TRACT 39, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.59 ACRES ~\~ 1 PRIMARY CONTACT' INFORMATION ("lb.o primlIry __ is <be IlaJdor of <be oriiPml -"",--. poading Bee 'l'proYllL NormaJIy <be primuy COlIClCt is <be pCl>on wbo ~ <be =tive SlIIIlIIllIr)'.1'rimluy """""" iIIfomuuiOll is _ in <be even, OIIC of <be oddr== Olbov.. including Su. Rlsoa. IIOl:l! tc """ClCt sraif for additianal or IIlissiag i1Ifamwioa. All origiDaJ -"",--., lIOlding <be Bee <::lIainmlI', np.... "'" to b. dollvercd tc <be Bce ot'lic:o Ollly afror <be Bce bu.- tc 'l'pnlVO <be i-.l Name of Primary Staff Pb.one Number Contact Agenda Date Item wa:s Agenda Item Number ved b the BeC Type ofDoc:u=t Number of Original A """b,.,j Documents Attached ..'; 2. 3. 5. Sue FIlson. Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office INSTRUCTIONS & CHECKLIST Initial the Yes column or mark 'W A W in the Not Applicable column, whichever is 1. Original docnment has been .rlgnedfmitiaJed for legal sUfficiency. (All documents to be signed by the Chairman, with the exception of most letters; must be reviewed and .rlgned liy the Oflice of the County AtJrJrney. This includes signature pages from ordinances. resolutions, ete.. signed by the County ~'s Office and signature pages from contracts, 1.8T"""1"013. ere. rtJat have been fully c:xecuted by all parties except the BCC Clairman and CIerlc to the Boan! and ssibl State Officials.) AJllwldwrittJ::n.strilce-tbrongh and revisions have been initialed by the County i\J!orneY.' s Office and all otber arties t the BCC Chairman and the CIerlc to the Board The ("J,"w,,"n's signatUre line elate has been entered as the date ofBCC approval of the docnment or the 1inaI De dared contract elate whichever is licable. "Sign here" tabs are placed on the appropriate pages iDdicating where the Chairman's si. and initials are In IiIost = (some COIIIr3CtS are an exception). the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some dO'"',,"~nts are time sensitive and reqnire 'forwarding to T.I1.h"..~ within a certain time frame or the BCC's actions are nuIlliied. B. aware of our deadlines! The dcy.nn_n' was approved by the BCC OD~enter date) and all c!l2Dges made dnring the meeting bave been incorporated in lhe attached docnment. The Conn Attorn's Offica has reviewed the as, if a Doble. 2. 3. 4. 5. 6. Yes WAtNot (Initial) licable) ~ tV/t C/17~ - CfYl~ ,;)l~ CfYJt l: FanmI County FanmI Bce FanmI OriiPml D= Rowing Slip WWS Original9.o:l.04, Revi:scd l.26.OS. Rcvi:scd 2.24.OS CONSERVATION COLLIER Property Identification No. 39493080006 & 39493320009 16f 6.. k<,.; , ,'?;Ci~ Prepared by: Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JORGE FLORES, a married man, whose address is 5495 25th Place SW, Naples, FL 34116- 7501, (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 Sixty Eight Thousand Four Hundred Thirty Eight Dollars and 00/100 dollars ($68,438.00), (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. 1 CONSERVATION COlliER Property Identification No. 39493080006 & 39493320009 16 E 6'~i 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. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey 2 CONSERVATION COLLIER Property Identification No. 39493080006 & 39493320009 16E 6 good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 use and purpose in the Conservation Collier program. 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. 3 CONSERVATION COLliER Property Identification No. 39493080006 & 39493320009 16E 6'1 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. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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. 4 CONSERVATION COlLIER Property Identification No. 39493080006 & 39493320009 16E 6 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 andlor Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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, 5 CONSERVATION COLLIER Property Identification No. 39493080006 & 39493320009 16f 6 management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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 6 CONSERVATION COLLIER Property Identification No. 39493080006 & 39493320009 16E 6' With a copy to: Cindy M. Erb, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Facilities Management Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Jorge Flores 5495 25th Place SW Naples, FL 34116-7501 Telephone number: 239-354-2765 Fax number: tV / A 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 7 CONSERVATION COl;L1ER Property Identification No. 39493080006 & 39493320009 16E 61 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. 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: I 0) 2~ l200PJ ~ \~#I(PE(P AS TO PURCHASER: DATED: \~\,~~)~p, " . ~. /~ ATTEST: '.. .? DWlc3HTE. BROCK,.{;lerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A s1 AS TO SELLER: DATED:~ 10\OB WITNESSES: BY: -~/ J'eJ1 C' JJJ&.b (Si9'::i fY). Frb BY: JORG c\~.t (Pnnted Nam ~ (Signature) /20';""'/<: c.. ,- L.t?brr/ 4~ (Printed Name) Approved as to form and legal sufficiency: ~w~~ Jennl r A. Belpe io Assistant County Attorney 8 CONSERVATION COLI:.IER Property Identification No 39493080006 & 39493320009 16t 6~ EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39493080006 LEGAL DESCRIPTION: THE EAST 180 FEET OF TRACT 35, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2.73 ACRES AND PROPERTY IDENTIFICATION NUMBER: 39493320009 LEGAL DESCRIPTION: THE WEST 105 FEET OF THE WEST 180 FEET OF TRACT 38, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.59 ACRES 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL'I't 6 E .. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO ';J. TEE BOARD OF COUNlY COMMISSIONERS OmCE FOR SIGNATURE .1'I:iD< OIl pink pap.... Al1lIch lD orlpw rl~. Oripw rl~_.. 3bouJd be _ delivered lD the Boani Otlicc.. 'l'btcompleled "",liDg ,Up llIld ariginll! ~~'1"'lDbefb<wmledlDtheBcmd.Ollic:anIy*l!leBcmd.hasll1b'lU=OIl.OIltheilem.) . . .. .'. .. ROUTING SLIP . .... ..CampJ.O.lOOliag..... '1 tbmu&h 114.. ~ fer addlIDaI.;gt'.~. dar=, mdlcr iDicmwi... aecded./t the rl~_;'is il!re:Idy CllIIIpIelo wilh the at the ................ . dn....1iDe l!IIou matiD Iines'l tbrou #4, !em the dIeclcIist; md i'crward lD Sue-Filsca (limI1I5). Route to Add.ressee(s) . Office Ini . ate . ill ardor) ,,0: 7 PRIMARY CONTACT' INFORMATION (1ba primary =-co: is the ~ of the oripIlIrl~. peodfng BCC appn:>vuJ. Nammlly the primary CODClCt is the p=01l wbo C<C:IIl:d/Jm:ll- the =tive R1IIImlIry. Primary -- hzDmatiOll is .- in the 0VCll' 0lIC of the oddt=ccs above, iDcJudiug Sue Mlsoa. aced lD '!JllClCt mff fer addilioaal or_g iDfaazwion. All origilllllrl--_.. _I"'" Bce Cll.ai=', sip_... lD be delivered. lD the Bee at'll"" ollly after the Bee has lll:O:<llD approve the i.....' Name of Primary SClIff ConlaCt Agenda. Dare Item was ved b the BCC Type of Docwneot A"...b"<! l. 2. 3. 4. 5. Sue FIlson, Executive Manager 6. Minutes and Records ~ Board of County Commissioners Clerk of Court's Office Agenda Item Number Pb.one Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial !be Yes column or mark "N/ A" in the Not Applicable coll1IDll, whichever is 1.. 0riginaJ. cIocumem baa been sigDcd(UJitiaIl:d ror legal sufficiency. (All documents to be sipled by !be Chairman. with the exception of IIlOSt letters; must be reviewed and signed liy the Office of !be County AJ1DtrJt:.y. This includes signacurc pages from or'!;n.n....,. resolulicms, etc. signed by !be Coupty Altorney's Office and signature pages from contracts. ~ ctc. tIsac have been faIIy =utecI by all parties except me BCC 0Wrman lI%ld Clerk to !be Board lI%ld I State Officials. 2. AU Iwldwrittcn.strike-throngh and revisions have been initialed by the County ~y.' s Office and all other arties !be BCC Chainnan and !be Clerk to me Board 3. The Chaicpan's signacurc line date bas been cntcrecl as the date ofBCe approval of the cIocumem or !be final De tiar.ecI con= date whichever is licablc. 4. "Sign here" tabs are placed on the appropriate pages iDdicating where !be Chairman's si. and initials are . S. In most cases (some contrac!l are an =ption), the origiDal document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL Some d""'=","ts are time senmnve IJld reqnire forwarding to T.Il. h...'OC within a certain time fr2me or !be BCC's actions arc nullified.. B. aw:ue of our d~."Hn...! 6. The d..........,.,C ...as approved by the BCC on enter date) and aU changes made during the meeting bave been incorpo in attached document. The Coon Attorn s Office bas reviewed the es, if a Deahle. .... 0<502 -89/7 I LP ?5. '7 f Yes N1A (Not (Initial) licable) ~t -- - ~tf 111 Cmt' ~ Forms! County Forms! ace _ OrigiDal ""'"'--" Rowiog sUp WWS Original 9.03.04, Revised 1.26.0$, Revised 2.24.0$ CONSERVATION COLLIER Property Identification No. 39540120000 16E 7' Prepared by: Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ALLAN JONES AND PATRICIA JONES, whose address is 6860 Tamiami Trail North, Naples, FL 34110, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty Five Thousand Nine Hundred Sixty One Dollars and 00/100 dollars ($35,961.00) (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. 1 CONSERVATION COLLIER Property Identification No 39540120000 16E 7' (b) Such other easements, restrictions or conditions of record. 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. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to 2 l6E 7' CONSERVATION COLLIER Property Identification No. 39540120000 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. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 use and purpose in the Conservation Collier program. 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 3 CONSERVATION COLLIER Property Identification No. 39540120000 J6E 7~ environmental and soil testing results commi6sioned 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. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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. 4 CONSERVATION COLLIER Property Identification No. 39540120000 16E 7' 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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, 5 CONSERVATION COLLIER Property Identification No. 39540120000 16E 71 management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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 6 CONSERVATION COLLIER Property Identification No. 39540120000 16 E 7'1 With a copy to: Cindy M. Erb, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Allan & Patricia Jones 6860 Tamiami Trail North Naples, FL 34110 Telephone number: 239-591-4260 Fax number: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 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. 7 16t 7f CONSERVATION COLLIER Property Identification No. 39540120000 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. 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 ProjecUAcquisition Approved by BCC: 10 }~ 7-008 ~1~..w.1(,'E...7 AS TO PURCHASER: DATED: \o\].8)~oo8 ATTEST:. .;J;p"., ~ . - ""..... DWIC3f.tT E. BRQGK;Clerk d~u.~' .. ' . ~ . A t at tfJ si\lllotUl"l on,' AS TO SELLER: DATED: 9/23!-:zM!? I WITNESSES: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Chairman ~~~ '-117. ~ >> gnature} C ,r:Au m. f'..-b (Printed ~) UL.. / AL ~ ONES ;jYJ /C;JA~ L (Printed Name) 'Cll~ /'f (Signature) 8 CONSERVATION COLLIER Property Identification No. 39540120000 WITNESSES: ~- {/W ( Ignature)1 C 1/1'~ m (Printed N e) cfIl ;; JJ; w . L,,--~-L (Signature) hi /01 4C:L -r! .l (; w J /rI (0 (Printed Name) Approved as to form and legal sufficiency: JC1~ Jennifer A. B dio Assistant County Attorney 16E 7~ 9 16c: 7~ EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER 39540120000 LEGAL DESCRIPTION THE EAST ONE HUNDRED FIFTY (150') FEET OF TRACT 46, GOLDEN GATE ESTATES, UNIT NO. 53A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2.27 ACRES, MORE OR LESS 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E . . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY CO~SIONERS OFFlCE FOR SIGNATURE - Prim OIl pinl: paper. All>d1l1:l origiaal d~"'" Origiaal "~m...." ollou1d be hand dolive:eri lI:l the Boani 0tIlce. 'l1ut=plct<d routing ,Up OIlQ origiJlnl d~"""""lI:lbe.lbrwmledll:ltheBOOId.OfIiceOl1ly!l!!l:t!loBOOId.hast1kou.acdon.OI1t!loi__) - _ _. .__ __ . . . . . ROUTING SL.IP ..-~ . - Omlp....lOlIliDg liDc:r '11hrougi114.. zppropriluo tar addllimaI rigl"~ dales, DUlIcrillftlmwiOll necded.1! the """""....;is Illre:uty CllIllpleo: with the 8 """",lien at-the '""""-.. . draw. Uno Ibroulll roaliu.1ines #1 tbroa"" #4, """"'.... the cb<ckJist am fi:xwvd lI:l Sill< FilscD (line 115). Route to Addressee(s) _ Office Initials Date (Li,stiu _tin. order)- '~;.". -~ L ._~ - I-'--~ --- --- 2. -. --------- ;:::;:.-:::::_-- ~ - ~-- ------ 3. - . ----- ~ ~~ -. I---... 4. ~ 5. Sue Ftlson, Executive Manager Board of County Commissioners . 6. Minutes and Records aerie of Court' S Office - PRIMARY CONTACT- INFORMATION ("1"ha primary CCIWICt is the baJdl:ro{dze origiDall'lQl"".....-tpcncfia& Bce approvaL. Narmally me primary ccnClCt i3 the persOIl who c:rc::u:cdIprepued. the executive summary. Primary COD.cu:t in!cmmriCIl is accded in me CYellt ODe of t:ba ~c::s ~yc. inc1udia.g Sue Filson.. l1eCd. to C!Jl1QCt saff for addbiaaaI. or IDissing irItcmzwio.. All origillal "~~"",, neoding <Ile Bee 0Wrmaa', ripauo". '" b. <leUv==! '" the Bee office oo.1y after the Bee has aCIl:d ED approve lbc item.) Name of Primary Staff eonlllct Agenda Dare Item wu A roved b the BCe Type of Document Alll1ched ",': Phone Number Agenda Item Number Number of Original Documents AtlllChed INSTRUCTIONS & CHECKLIST Initial the Yes column or IIIlIrlc 'WA" in theNoe Applicable column. whichever is 1. - Original document lw been sigDcdl'mitialcd for legal stifficicncy. (AIl documcnrs to be signed by the Chairman, with the exception of most letters; must be reviewed and signed liy the Office of the County A11rJrney. ThIs ~ludes signacure pages from ordinaaccs, resolutiOllS. er.c. signed by the County Allorney'. Office and signature pageS from COatracl3, agrcc=a, er.c. that bave bcca fully =utcd by all parties except the Bee 0Wnaan and Clc:rX to the Board and I Slate Officials.) 2. All iwldwrittcn.strikc-throagh aDd revisions have bcca initialed by the County ~rncy: s Office and all other arties t the Bee Chairman and the Clerk to the Board 3. The ('J,'"'l>.n's sigaacure line date has been entered as the date ofBCe approval of the dccameat or the fiDal De tiated contrllCt date whicbcver is licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan' s si - and initWs are 5. In IiIost cases (some COIIIraCtS arc an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bee approval. Some -i=~"'D!S are time sensitive and require 'forwarding to T,Il,h.""" within a certain time fr= or the BCe'. actions are nullified. Be aware of our deadlines! 6. The docament was approved by the BCe on (enter date) and all changes made during the meeting have been incorporated. the attached document. The Coon Attorn . Oflice has reviewed the .... if a Iicable. c:25cJ -89/1] I Yes N1A(Noe (Initial) llcable) 0P~ -. tv JA L (:me.-- - ~/I~ Ul1t:- ~ l'orrmI County l'orrmI BCC l'aamI Origillal Do<:mneoa Rowing Slip WWS Original 9.03.04, Rovi3cd l.26.Qj. Reviocd 2.2<.05 CONSERVATION COLLIER Property Identification No. 39958120003 16E 8 Prepared by: Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ALLAN JONES AND PATRICIA JONES, whose address is 6860 Tamiami Trail North, Naples, FL 34110, (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 Twenty Six Thousand Thirty Six Dollars and 00/100 dollars ($26,036.00) (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. 1 16c 8' CONSERVATION COLLIER Property Identification No. 39958120003 (b) Such other easements, restrictions or conditions of record. 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. 3.012 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 (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to 2 CONSERVATION COLLIER Property Identification No. 39958120003 16E 8' 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. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 use and purpose in the Conservation Collier program. 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 3 CONSERVATION COLLIER Property Identification No. 39958120003 16E 8~ 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. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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. 4 CONSERVATION COLLIER Property Identification No. 39958120003 16E 84 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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, 5 CONSERVATION COLLIER Property Identification No. 39958120003 16E 8' management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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 6 Q\I'7/0l> ..,J> ~_c CONSERVATION COLLIER Property Identification No. 39958120003 16E 8:'_ With a copy to: Cindy M. Erb, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Allan & Patricia Jones 6860 Tamiami Trail North Naples, FL 34110 Telephone number: 239-591-4260 Fax number: A./ /1'1 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as -the context or the use thereof may require.- 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 7 9)1510b ij,,1? ~ CONSERVATION COLLIER Property Identification No. 39958120003 16E 8i:' 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. 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. AS TO PURCHASER: Dated Project/Acquisition Approved by BCC: In I~ 2.00?; ~ \~,jkI(PE:B DATED:~ ATTEST' " ,. ~ , . , ., 'c'~C, , DWIGt,fr E. BROCK.....Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . . ~ 'A-~:> :::. ~' '/~~ At~ as w Q'la 1,w". " .~ StgAlturt OIlt ~" ,/ ,D P ty Clerk AS TO SELLER: ,/ BY: ~ DATED: 9/02-3/LMI3 / I WITNESSES: 4.1:,# 7lt .r'f~ ~ (pf::~:i) /lJ. &.b / iits~NES dtc'- ~ '~<LGL /'i ~~' (Signature) 0 /J1 ic d 4C(, /-/ -JJ OLv); jI j., (Printed Name) 8 '\\\5pb .J ..,1- CONSERVATION COLLIER Property Identification No. 39958120003 WITNESSES: C~/lJ ~ (Signature) r;\;~ M. &1 (Printed Na ) /I. h1/ {' f-IAGL ;./. (Printed Name) Approved as to form and legal sufficiency: ~cJ0z Jenm er A. Belp~ Assistant County Attorney 16E 8'4 ~' OL.",;//d(,,; 9 (;-,\~" " CONSERVATION COLLIER Property Identification No. 39958120003 16E 8 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39958120003 LEGAL DESCRIPTION: THE WEST ONE HUNDRED FIVE (105') FEET OF TRACT 67, GOLDEN GATE ESTATES, UNIT NO. 65, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 10 911S'ilJl' (l. c.L"-" ~ ORIGINAL DOCUMENTS CHECKLIST & .ROUTING SLIP 'n. . TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO 1 LE '9) . THE BOARD OF COUNTY COM1\1JSSIONERS OfflCE FOR SIGNATIIRQ .... , . Pdm 011 pinl: paper, AIladIlll origiDal ~~_. OrigiDal"~m_.. 3lIcu1d be !wid dclhemt III tile Board omC4. Tht=p1oted I01llillg ,Up md original "~'''''lll bel'arwml.d.llltlleBoarclOflia: cm!yY!!:t1llll Board has tll:eo.actlon.CIltlle i-.) . .. ... " ... . . . . ROUTINGSLlP . .._~. Camp/.,en="I1lDa 'llbroagh 1I4 IS ~ 1br addldaW sigJlllm<S, dalas. mtJ/ar iD!cmw:ICllI. nccdc:d..1! tile """""_. is a/r=dy c:omplcao with tile tica.ai.tIle................ . dmnJine Ifu<m """"' _'1 tlttoa #4, 1= tIled!acl:list md fi:lrwan11ll s~Fihou (Iine~, Route to Addressee(s) . Office Initials Date ' ia IOI1lin order) 0'.,.., PRIMARY CONTACT. INFORMATION ("I1Ia primary -- is tile _ of tile arigizlal...,....,..-r p.....g Bee '1'ptowl. Naniwly tile primuy __ is <he pCl:lOll wllo c=rcdIJm:parcd tile "'"",dve iIlIIDDIlll'y. Primuy COlI.... iDmnIwiOll is 1ICCdcd ia lhc CVfllI' 0IlC of tile uldr=ccs obove. incJlldiag Sue RlsOll. 0l:Cd III "",= staff 1br addiIiooaI or arissiIIg ~"... All crigiul ~---.. aeediag lhc Bce CIWrm:m', DglllU"'" Ole to be delivered III ilia Bce ofljca ocJy aft=-iIIa Bee has aacd III approve tile i1al.) . Name of Primary Staff Phone Number Conlllct Agenda Dare ltAOm Wll3 vet! b the BCC Type of Document Attached "'...: - ---- 2. 3. -.-----. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk: of Court's Office Number of Original Documents Attached Agenda Item Number lNSTRUcnONS & CHECKLIST Initial the Yes column or mark 'W A" in the Not Applicable column. whichever is 1.. Original ~O<:'--t has been Jignc:dfmitiAlc:d icr legal stifficiency. (All cIocuments to be signed by the. Chain:nan, with the c:xception of most letler.l; must be reviewed am:! signed liy the Oftice of the County At1Dmey. This includes signatllre pages from ordinances, resolutiollll., etc. signed by the County A.llIlrney's Office and signature pages from conlral:l3. &greell:lelllll, elC. dw have been mny executed by all parties c:xcepc the BCe 0Iairman and Qed:: to the Board am:! I SllIle Oflicials.) 2. AJIlwldwriUcn.strike-tbroagb and revisiorJs have been initialed by the County ~y: s Office ami all other arties the Bee Chairman and the Clerk to the Board 3. The n.'n-.r"n's sigDalme line date has been Cllte:c:d as the date ofBCe approval of the docament or the Iixlal DC: tiared contra<:1: date whiehever i3 licable. 4. "Sign here" tabs are placc:d on the appropriate pageS indicating where the Chairman' s si and initials are S. In xDcst cases (some contrads are an exception), the original do=t am:! this routing slip should be provided to Sue Filson in the BeC office within 24 ho= of BCe approval. Some d"'""'""'1IlS are time sensitive and require10rwarding to T.n.h.,,=: within a certain time frame or the BCC's actions are nullliied. Be aware of our ,;~.,;Hn",! 6. The e,l............nt was approved by the BeC on (enta' date) and all changes 'made dnring the meeting have been ineorpo . the attached document. The Coon Attorn's Offia has reviewed the es, if a Hable. eXeS c:z -89 f7 /LP C / Yes N1A(Not (Initial) liable) (i1l\t - V)/I: -- . (I) Iff ~ FamsI Cowuy FamsI Bce Foam! Origizlal!loamlcca Roaring SUp WWS Original 9.03.04, Revised l.26.Oj. RcvUcd 2.24.05 ,. ._~,..-",,,..._,. '_.."''''"....."=,~,,..,--,.,.. ",','~ ,- ,..,,,....,, ~'" ..., .,-"........,..,.,"".. ---------- --------- - CONSERVATION COLLIER Property Identification No. 39492240009 16E 9' Prepared by: Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between WARREN N. KISSINGER, JR., whose address is 311 W. Maple Avenue, Greenville, OH 45331- 2244, (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 Twenty Five Thousand One Hundred Eighty Nine Dollars and 00/100 dollars ($25,189.00) (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: 1 CONSERVATION COLLIER Property Identification No. 39492240009 16E 9~ (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 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. 3.012 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 (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencie' ~ terminate this Agreement. ~ ~ ~\t;) <{,\ 2 '~ CONSERVATION COLLIER Property Identification No. 39492240009 16E 9~ 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. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 use and purpose in the Conservation Collier program. 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 . Inspection Period, written notice of its intention to waive the app ~ contingencies or to terminate this Agreement. If Purchaser fails to notify thf \~ \'0% If, \ 1; 3 L{,l1c:-- ) CONSERVATION COLLIER Property Identification No. 39492240009 16E 9~ 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. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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. 4 ~\ ~\~<t <t\ CONSERVATION COLLIER Property Identification No. 39492240009 16E 9 X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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 opera.:~~~ concerning the Property are in violation of any applicable Federal, Sta ~ \If\ 5 Lt1/] i, '\ CONSERVATION COLLIER Property Identification No. 39492240009 Ihf: 9' local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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. 6 ~\ CONSERVATION COLLIER Property Identification No. 39492240009 16r: 9. 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, SRfWA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Warren N. Kissinger, Jr. 311 W. Maple Avenue Greenville,OH 45331-2244 Telephone number: 937-423-4535 Fax number: AI J I'l , 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received. the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 7 U 7t'\' CONSERVATION COLLIER Property Identification No. 39492240009 16E 9~ 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. 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 ProjecUAcquisition Approved by BCC: I n ~ ~O () (3) AS TO PURCHASER: ~ I~ -=tt I (P & 9 DATED: \ o~ ')8 ('2008 ATTEST: DWIGHTE. BROCK/Clerk BOARD OF COUNTY COMMISSIONERS COLL]:~A BY: TOM HENNING, chairmJ A ... to~1~" pe uty Clerk 11911ature 00," 8 ~\ CONSERVATION COLLIER Property Identification No. 39492240009 AS TO SELLER: DATED: ,St'f'Y. II. I :J. Of) <;? WITNESSES: . ~ '':-Y(2' 'A IA~"'~ c:559 re) .-/ ....In(,.1A Ne,<,w.:w.cle.- (Printed Name) / h.A.-,;1L.' ) ((..,1...:0 u-~LvJ -t./J (Signture) if :hi.. ri /L~ I',~ /v/;.' 11 rI(/ (Printed N e) Approved as to form and legal sufficiency: '~ 0_ Jenn~r A. Belp~djo Assistant County)l:ttorney 1 r 6 t. 9 9' WI CONSERVATION COLLIER Property Identification No. 39492240009 16E 9~ EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39492240009 LEGAL DESCRIPTION: THE WEST 105 FEET OF THE WEST 180 FEET OF TRACT 26, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.59 ACRES 10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING sui 6 E lO'ill . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .1/ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . Prim "" pint paper. Alll1l:h to arigiDa1 d.".,...,_r OrigiDa1-~m-r..lIou1d be baud delivered to tile BOlUtl 01Ilcc.. '!'h..ccmpiel=llOwmg ,Up ",d origi,nn! -~-"""to""tbrwm!ed.tatlleBOlUtlOflia:cmly!l!s:1!IdBoazdbasClla:a._CIltlleiO:m.) . . . .... .. . ROUI'INGSLIP . ...... .CalDpIoO. Rl1llia( IiDc:s Illllroa&h 14 as oppropdaD. tbr ~ <illl'"-. -. mdlar-..n"" accded..lt tile ......:.:..,;.js a!rl::ldy camplelo wilh tile . dao.at.tIle..............,.. dn...1IDelllma lOIIliD Iin=r#ll!lroa t4, leo>tIlechecklist;andfarwardtaS..,.FilscIl(liu1lS). . Route to Addressee(s) . Office Initials Date instJUlin order) ,......, 1. PRl1\t.IARY CONTACT. INFORMATION crz,. primary __ is tile baJdcr at tile aligiDaI ,,~-, pOlldillg Bce ",,,,,,Yl1l. NammJly tile primary COD_ is lhe p....o. ..be ~ tile ",ccudve ....-y. PI'ianary COIl- isltcnmuiou is needed in tile ....., """ of tile -== obove, incJudiug Sue nJsou. ...a " """_ staff fOr _ or_g in.........~ All origiDul ,,~--.. _I tile Bce Clainmu', si_ "" " be delivered" tile Bce office ocly otler tile Bee bas 1IClOd" 'PJIl'Ove!be iCI:ID.) Name of Primary Stiff Contact Agenda Date Item wa:s ved b the BCC Type of Document ... "''"bl''d ,,-.: 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office Numb",. of Original Documents Attached ~ Pho"" Number Agenda Item Number INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column. wbichever is 1.. OrigiIlal "0"'-...., has been sii=dfmilialod fur legal sUfficiency. (All documents to be signed by the. Chairman, with lhe exception of most 1etter3; must be reviewed and sigDed liy the Office of the County Ar:tDmey. This includes signature pages from ordinances. resolUliom. etc.. siglled by lhe Cou;scy Altorney's Office and signature pages from contracts. agr=lS, etc. tbat have been fnlIy =utod by all parties except the BCC Chairman and CIerlt to the Boord and I Stare Officials.) 2. Alllwldwritten.Slrike-through and revisions have been initialed by the Couney ~y: s Office and all other artics the BCC CbaimwI and the Clerk to the Board 3. The n.'n-.r.n' s signatl1re lim: dare has been entered as the date of BCC approval of the document or the fiDaI De contract dare wbichover is licable. 4. "Sign bere" tabs are placed 011 the appropriate pages i:ndic:a1:ing where the Chairman's si and initials are 5. In Iilost cases (some COSIlr3l:lS are an exception). lhe original document and this routing slip should be provided to Sue Filson in the BCC ofliee within 24 houn of BCC approval. Some """""''''UCS are lime SOllSilive and reqnireforwarding to Ton.h..."" within a certain lime frame or the Bee's actioDs are nulli:fied. Be aware of our n~,;Hn...! 6. The do--n-omt was approved by the BCC on 0 (enter date) and all changes made ciw:iDg the meeting have been incorpora the attached document. The Conn Attorn 's Ofllce has reviewed the if a nCllble. d5.,)-8Qn IV Yes N/A (Not (InitiaJ) licable) ~rt ----- rJ)/i - - . ,vr ~ t. tfi\ ~ I'cnnsI County I'cnnsI Bce _ OrigiIW nn,.,_~N Rowing Slip WWS 0rigiDa19.03.04, Rovised 1.26.05. Revised 2.24.05 ~~,_""_,,,c",._,.~'__..' ._._._......"-,."..."'."'.,......,.,..,.. _,__,,.,,,,,_,,_._,.,,,,,_," ....~=_""'''''"'''...h~..___._.___..__.__ CONSERVATION COLLIER Property Identification No. 39491880004 16 E 10 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MIGDALlA ROSlllO, a single woman, whose address is 8530 NW 166th Terrace, Miami Lakes, FL 33016-6171, (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 Seventy Nine Thousand Two Hundred Ten Dollars and 00/100 dollars ($79,210.00), (U.S. Currency) payable at time of closing. Ill. 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. 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 1 CONSERVATION COLLIER Property Identification No. 39491880004 16EIOft 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 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary 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, 2 CONSERVATION COLLIER Property Identification No. 39491880004 16E10' may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 use and purpose in the Conservation Collier program. 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. Seller shall be notified 3 CONSERVATION COLLIER Property Identification No. 39491880004 16 E 1 O~ by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 200S 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. 4 CONSERVATION COLLIER Property Identification No. 39491880004 16E10 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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 instaliation 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 5 CONSERVATION COLLIER Property Identification No. 39491880004 16tl0~ moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Facilities Management Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 6 CONSERVATION COLLIER Property Identification No. 39491880004 16 E 101 If to Seller: Migdalia Rosillo 8530 NW 166th Terrace Miami Lakes, FL 33016-6171 Telephone number: 305-824-9793 Fax number: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 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, 7 CONSERVATION COLLIER Property Identification No. 39491880004 16 E 1 O~f 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. 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 ProjecUAcquisition Approved by BCC: ~OJ~2no~ ~\~~'{J)E.ID AS TO PURCHASER: DATED: \D}.Mj 2m 8 ATTEST: DWIGHT E. BROCJ;<,Clerk , jot .' IS to Qa1' '" . .,.. s1gnaturll"On H" ,00 ~. BOARD OF COUNTY COMMISSIONERS ::LLlE"L1~ TOM HENNING, Chairman AS TO SELLER: DATED: q-7 -08 WITNESSES: . J'ltLULfJd (Signature) I ,YU t '4 rlA IZ f-etZ (Printed Name) . j~,Jj~ ~ (Signature) 1(-4A./O;V GON''l,4/t5c (Printed Name) ------..., - BY: ./~~:.....~ MIGDALlA ROSILLO Approved as to form and legal sufficiency: \.(~~~ Jennifer A. Belp io Assistant County Attorney 8 16EIO't EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39491880004 LEGAL DESCRIPTION: TRACT 22, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 5.0 ACRES ORIGINAL DOCUlVlENTS CHE. CKLIST & ROUTING SLIP16 E . . - TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO II' TRE BOARD OF COUNTY COl\1MISSIONERS OFFICE FOR SIGNATURE c. Pl:iut OIl pink paper. Aaach lD original rl~_. OrigiIW ar...m_.. obcWd be !wid delivered lD t!I= BoarcI Otlice.. 'lbtCllDlplcled routing slip OIld origioa! rl~-""'lDbelizwmlcd.lDt!I=BoarcIOfficoOllly*tbllBoudhast1...u",jOll.OI1m.i-') _ _ . _c. ._ . . . . ROUl'INGSLIP . ..-'. Campk,,,,,,..iag IiDa ttlbnmgil.lI4 as ~ lbr addilioaal3igDlllllta, claI=, mdfor iDromwiOllnoedod..lfm. rl~_,is aJmdy complelo with m. ....at.t!I=n..;,.""",... dmr.line l1JIIlin Jinos#l<bma 1/4, 1=t!I=<:h=kI!sI;mdfbrwarolDSue-Filsa1 ffl. Route to Addressee(s) . Oflice Initials Date . ill order). .,c.,,_ 1. PRIMARY CONTACT' INFORMATION ('l'ha prima:y ClllII:Il:I is m.1Jgldc:r of... ori;PDal rlO<'~-, peadiDg Bee approval. NClmIlllly m. prima:y _ is lbe Pcmlll who ~ lbo a=tiv. """-Y. Pri-,. """""" iDtorawiOll is - ilIlbo..... """ 0{ lbo address... OlbeYO, including Suel'ilsca. aeccllQ cpatlct mlffbr odditiOll&! or oriuilIg -"~ All original rl~~_.. aeeding lbo Bee ChaiImII1'. signnaue om lQ be delivered lQ lbo Bce oflice cmJy .wr lbo Bee bas aa=:t lQ appravelbo itlml.) Name of Primary Staff Phone Number ConlaCt Agenda DllIe Item was Agenda Item Number 'led b the Bee Type of Document Number of Original .... ""'''~''<:I Documents Attached ..:.: 2. -----~ --- ----- --- 3. --------------------- 4. 5. Sue Filson. Executive Manager Board of County Commissioners 6. Minutes and Records Clerk: of Court's Office lNSTRUcnONS & CHECKLIST Initial. ~ Yes column or mark 'W A" in l!Ie Not Applicable column. whichever is 1.. Original c:I.".,,........, has been sisnc:dl"milialc:d lbr legal sUfficiency. (All documents to be signed by !be. Chairman. wilh l!Ie exception of most letters;, must be reviewed aM signed liy !be 0fIice of !be County A11r:JrMy. This includes signature pages from ordinances. resolutions, etc.. signed by !be County ~'. Office and signature pagd from contracts. agr-m""JI3. etc.. that have been fnlly executed by all parties except the Bee 01airman and C1erlc to the Board and I Slate Officials. 2. All iwldwritten.strike-tbroagh m:1 revisions ilave been initialed by the County Af1Drncy,' s Office and all other arties the Bec Chsirman m:1 the Clerk to the Board 3. The ("I,....".n.s dS".,,""= line date has been onterc:d as the date ofBCe approval of the document or Ihe fiIJalnc dated contract date whichever is licable. 4. "Sign here" tabs aro placed. on the appropriate pages indicating where Ihe Chairman's si and initials are 5. l'n Iilost cases (some con= are an exception), the original document m:1 this roWing slip should be provided to Sue Filson in the BeC office within 24 hours of Bee approval Some c",",nn"'t1lS aro time sCllsilive m:1 require forwarding to T,I1.h..~'OC within a certain time frame or the BeC's acriollS aro nulIi:fied.. Be aware of our rl~...tHn",,! 6. The do--n..,~ was approved by the Bee an I enter date) and all cbanges made duriDg the .........ng have been incorporated. the attached docnment. The Coon Attorn s Offtce has revi.....ed the es, if a Hable. Yes (1nitiaJ) crn~ ---- - -[ .~ ~ # jfJ Gmt' -,,' ~ - Cowuy - Bce _ Origiaal """"~~N RDating Slip WWS OrlgiIlal9.03.04, Rovillcd 1.26.05, RcvUcd 2.24.05 ------.--.-.-.- .... -,,_._- ~.~.~.~ --'--'-''''--_.,-~";"~,,,; "...."....-.- ;-'.'~";'"'"'-"'''''='''-''''.--''-''--'--'''''-''~''''-- CONSERVATION COLLIER Property Identification No. 39491960005 16 [11' AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between KATHLEEN SHECKLER, whose address is 344 Mel-Jen Drive, Naples, FL 34105-6317, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty Five Thousand Nine Hundred SiAiy One Dollars and 00/100 dollars ($35,961.00) (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. 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 1 CONSERVATION COLLIER Property Identification No. 39491960005 16E 11 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 of said thirty (30) day period, 2 CONSERVATION COLLIER Property Identification No. 39491960005 16l:11" may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 use and purpose in the Conservation Collier program. 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. Seller shall be notified 3 CONSERVATION COLLIER Property Identification No. 39491960005 16E11 by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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. 4 CONSERVATION COLLIER Property Identification No. 39491960005 16El1~'1 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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 5 CONSERVATION COLLIER Property Identification No. 39491960005 16f "-11 moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 6 CONSERVATION COLLIER Property Identification No. 39491960005 16E11''I/ If to Seller: Kathleen Sheckler 344 Mel-Jen Drive Naples, FL 34105-6317 Telephone number: 239-261-3951 Fax number: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 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, 7 CONSERVATION COLLIER Property Identification No. 39491960005 16E11" 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. 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: 101.&5.) 2..008 AS TO PURCHASER: ~ \~-=l::!. ILPE II DATED:~ ATTEST; " DWIGHTE. BRonK,. Clerk (,' .-' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By-Lt~ TOM HENNING, Chairman AS TO SELLER: DATED: p /:J-- / /0 J( i . WITNESSES: //iy,Y o/i-0f1t'y . I (Signature) //l/J 'I () / <~/I! __-.:-c..... f' :. ---~-1 (Printed Name) C7 BY: ~(7 , (Signatur S:Q( , (Printed Name) Approved as to form and legal sufficiency: 8 16El1 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39491960005 LEGAL DESCRIPTION: THE WEST 150 FEET OF TRACT 23, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 04. ~L1? 2.27 ACRES - Q ~ ORIGINAL DOCUMENTS CEECKLIST & ROUTING sLli 6 E 12 .. TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO . . THE BOARD OF COUNTY COMMISSIONERS OFF1CE FOR SIGNATURE . . Pdnc 011 piDi: paper. Altu:h lD original "~-, Original "~m_" 3lumJd be haad delivered lD tile BoaztI 0lIlcc. 1'htrCClllplol<d ","liDg slip ilIld original "~-,,.'" lD beftzwuded.1ll tIleBoaztIOlIil:: anlyqtbo Boaol has !:II:cII.aclian.Oll tile item.) . , ." ". , ... . . ROUTING SLIP ' . CampJooo r<llItiq.....'1 dIraugh 1I4 as ~ 1br ~ ftlll'....... dar=, mdIcr iIliamadOll_1t tile .u.-._,;. m:u1y ccmpl... wilh tile l!clIl ot'tIle ,..""........s . draw. !iDe rlIloa maliD Jines.! tbroa #4, Jooo tile checklist; md!bnnrd III S...Filsaa (lilIO lIS). Route to Addressee(s) . Office Initials Date . in _ ardor)' '",,_, PRJl\IIARY CONTACT INFORl\.fA.TION ('!be primlIry __ b tile bolder at tile cxipW "~~-, pcadillg Bee approvuL Narmal1y tile primary eaaClCt b tile pet300 wlla <=tcdIprepu:d tile ==:utive SlllDIZIIIry. l'rimuy -- iIlianmuiOll is - ill dlC ...... ... at tIle_ :lbove, inc:Judilll Sue !'ilsau, aced '" c;mClCt stat! far additiaual OI:_g iIIfomwiau. All origiDul d~-.. ueediDg dlC Bee Chainnau', sip""" are 10 b. delivered ro dlC Bee om.. oaly afa:r tile Bee has OOlCdlllapprove tile item.) . Name of Primary Staff R Phone Number Contact Agenda DIUe Item WIIS ved b the BCC Type ofDocumcnt Attached ,,:... l. 2. 3. 4. 5. Sue Filson, Ex.ecutive Manager 6. Minutes and Records -- '-- Board of County Commissioners Cleric of Court's Office Number of Original Documents AttlU:hed Agenda Irem Number INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column. whichever is 1.. Original d.......m_. hu been sigDcdl'mitialcd for legal sUfficiency. (All documents to be signed by the, Chairman, with the exception of most lcttcrs. must be reviewed and signed liy the Office of the County A11rJrnl:y. This includes signature pages from ordinances, resolutions, ctc. signed by the Cou:nty AttcrtIcy's Office and signature pages from contracts, agr-m""Jtll. ctc. that have been fnlly =utcd by all parties except the BCC Chairman and Clc:rlc 10 the Board and I Stale Officials.) 2. Alllwldwrittcn.strike-throngh and revisions have been initialed by the County ~y.' s Office and all otbcr arties the BCC Chairman and the Clerk to the Board 3. The n.'"'1!.n'S ';1"''''''': Ii:oe dare bas been entered a.s the date ofBCe approval of the cIocument or the fiDal Ill: tiatcd COntral:t dare whichever is liable. 4. "Sign here" tabs are p1a=i on the appropriate pages indicating where the Chairman's si' and initials are 5. In IiIost cases (some comracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCe approval. Some nOt"~""1tS are time SCIlSitive and ICq1tireTorwaxding to T.n.h...... within a certain time frame or the BCC's actions are nulli1icd. Bo aware of our "_nHn.,.! 6. The d......ment was approTed by the BCC on (enter date) and aU changes made ciorin3 the meeting haTe been incorporat.ea. the attached docnmcnt. The Coon Alto 's Omc:e bas romewed the es, If a Deable. .-- c25ol- 89/7 2.. I / Yes N/A (Not (Initki) licable) "'~ e)i) - IOIA - - - , N)~ tn'l~ ~ - County - BCC l'omlsI Origiual nn,.,~_" RoaliDg SIlt> WWS Original 9.03.04. Revised 1.26.0$. Revised 2.24.05 ,.'. ~"-'-'.." _. _.,~. ."...."'.."..,..-..- .~.., ,. ,.._~'-_._"-,._._------ CONSERVATION COLLIER Property Identification No. 39491920003 16[12' AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MILTON T. SHRYOCK, whose address is 4841 Aleff Road, Milton, FL 32571-2641, (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 (ihe "Purchase Price") for ihe Property shall be Eighteen Thousand Sixty Dollars and 00/100 dollars ($18,060.00) (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. 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 1 CONSERVATION COLLIER Property Identification No, 39491920003 16E12;' 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 (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing, If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable, Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects 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, 2 CONSERVATION COLLIER Property Identification No, 39491920003 16 E 12 may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4,013 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 use and purpose in the Conservation Collier program, 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. Seller shall be notified 3 CONSERVATION COLLIER Property Identification No. 39491920003 16 [12 ~ by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property, VI. INSPECTION 6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7,01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8,01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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. 4 CONSERVATION COLLIER Property Identification No. 39491920003 16 [ 12 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10,013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing, Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10,014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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 5 CONSERVATION COLLIER Property Identification No. 39491920003 16 E 12 moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10,021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same, Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 6 CONSERVATION COLLIER Property Identification No. 39491920003 16 E 12 ~iV If to Seller: Milton T. Shryock 4841 Aleff Road Milton, FL 32571-2641 Telephone number: 850-994-5676 Fax number: 11,02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein, For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes, 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, 7 CONSERVATION COLLIER Property Identification No, 39491920003 16 E l~ f 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. 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: I O)~ 2008 AS TO PURCHASER: ~ ,~~ I t., €. 12.. DATED:~ ATTEST: "" DWIGHT E BROdKi,Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY ~i- AS TO SELLER: DATED: ;-7- 1 () !3 WITNESSES: iill/~ ~gnature hl..all Q.en- (Printed Name) BY 014f1/;;A/rL MILTON T, SHRY CK LfJ1 d ~ (Signa~ h j'v1.C((~()j'~+- +I(dl (Printed ame) Approved as to form and legal sufficiency: :~(\ -0>- Q . - Jen ifer A, BelPe~ Assistant County Attorney 8 16 E 12~w EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39491920003 LEGAL DESCRIPTION: THE WEST 75 FEET OF THE EAST 180 FEET OF TRACT 23, GOLDEN GATE ESTATES, UNIT NO, 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.14 ACRES \:?:/f) ~ C->V' :.- dA ORIGINAL DOCUMENTS CEECKLIST & ROUTING SLIP 1 6 f 13 .. TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO . . THE BOARD OF COUNTY COMMISSIONERS OFF1CE FOR SIGNATURE Pdnc 011 piDi: pop.... AIlal:h III original "~, Origiual "~m_., 3lumJd be haad delivered Illltu: BoaztI 0lIlcc. 1'htrCClllplol<d rouliDg sUp ",d original "-""'Ill beftzwuded.1ll tIleBoard.OlIil:: anlyqtbo Boaol has !:II:cII.aclian.Ollltu: item.) . ...., , . , ,ROUTINGSLlP' . ..Campl<le r<llItiq 1ina'1 dIraugh 1I4 as ~ ti:lr ~ sigl>llllreS, dar=, mdIcr iIliamadOll_1t ltu: d"",,,"_;;, m:u1y ccmpl<le wilh ltu: l!clIlat.tIlen' 's' draw.!iDerllloa maliD Jines.! tbroa #4, Joootllechecklist;",dlbnnrdIllS...Filsaa(lillOII5). Route to Addressee{s) . Office Initials Date . in_tin ardor)' "'''.' 1. :~o- PRIMARY CONTACT, INFORl\.fA.TION ('!be primlIry -- b tile lIaldor of tile origillal rl~_, p=dillg Bee approvuL N=Uy tile primary eaaClCt is lbe P"'OII wlIa <=tcdIprepu:d tile executive SlllDIZIIIry.l'rimuy -- iIlianmuiOll is - ill tile..... CIIC of tbc llddt=... .ux.ve. iuc:ludillg Suo FilsOl1, IlCCd lQ "1'llClCt sraiI far _ or missing ~ri~ All origiDul "~~_N llCCdiIIg tbc BCC Cll.ainmu', silll1"_ = lQ be dcllvered lQ tbc Bee office ouJy after tbc Bee has acu=d III approve tile i-.) NlII1ll: of Primary StMf Contact Agenda Dare Item was ved b the BCe Type ofD=t P.""!'I"'h~ " ~.: 2. ------- ~ -- 3. --------... ' 4. 5. Sue FIlson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerlc of Court's Office Number of Original Documents A=hed Phone Number Agenda Item Number INSTRUCTIONS & CHECKLIST Initial the Y cs column or mark "NJ A" in the Not Applicable column, whichever is 1.. Original "......,~"'tl( has been sigued/'mitialed for legal sUfficiency. (All documents to be signed by the Chairman, with the exception of most Ietrers; must be reviewed ami signed l:iy the Office of the County ArlDrnt:y. This incIndes signature pages from ordinances. resolutiollS, etc. signed by the Coupty AJ1crrJty's Office and signatUre pages from colltrads, agr-n"'llts, etc. that have been My execured by all parties except the BCe Chainnan and Clerk to the Boanl and I State Officials.) 2. All iwldwritten.strike-tbroagh ami revisiollS have been initialed by the County ~rney: s Office ami all ocbcr attics the Bee Chaixman and the Clerk to the Board 3. The Chainpan's signature line da%c has beencntcred as the date ofBce approval of the document or the final lie dared contract da%c whichever is licable. 4. "Sign here" tabs are placed OIl the appropriate pages indicating where the Chainn.an' s si and initials are 5. In Iilcst cases (some COIItracts an: an exception). the original document ami this routing slip should be provided to Sue FilsOll in the Bee office within 24 hours ofBCe approval. Some "()M~'"I1ts are time sensitive ami reqaireforwarding to T.lhh..."" within a certain time frame or the BCC's actiollS are nuIlliied. Be aware of our deadlines! 6. The doc::ament was approved by the Bee on eater date) and aU changes made dnriDg the meeting have been incorpora . the attached document. The Conn Attorn's Omce has reviewed the l!S, if a Hable. ,;;25.;2 -8 / } ucJ3 1 Yes NJA (Not (Initial) licahle) ~& - - VJp -- ,1\) fA QYl{ I: Fosmst Cooney Fosmst Bee Fosmst Original nr.,.,~~N RouliDg Slip WWS Original 9.03.04. Revbcd l.26.OS. Revbcd 2.24.05 "'-'-''''''''-''. .'''...;. .-",'"'. .~.~. CONSERVATION COLLIER Property Identification No. 39491520005 16 E 13' Prepared by: Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between FRANK G. NERI AND MARIA NERI, his wife, whose address is 17 Marjorie Lane, Vernon Rockville, CT 06066-4007, (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 Seventy Thousand Nine Hundred Seventy Two Dollars and 00/100 dollars ($70,972.00) (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, 1 CONSERVATION COLLIER Property Identification No. 39491520005 16 E 13~ (b) Such other easements, restrictions or conditions of record, 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, 3,012 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 2 CONSERVATION COLLIER Property Identification No. 39491520005 16 E 13 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. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4,013 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 use and purpose in the Conservation Collier program, 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 itsspecific 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 3 CONSERVATION COLLIER Property Identification No. 39491520005 16 E 13 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. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property, VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7,01 Purchaser shall be entitled to full possession of the Property at Closing, VIII. PRORATIONS 8,01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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. 4 CONSERVATION COLLIER Property Identification No 39491520005 16E 13 10,012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby, All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10,013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing, Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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, 5 CONSERVATION COLLIER Property Identification No. 39491520005 16 E 13 management, leasing, employment, service or other contracts affecting the Property, 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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 6 CONSERVATION COLLIER Property Identification No. 39491520005 16 E 13 With a copy to: Cindy M, Erb, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Frank G. & Maria Neri 17 Marjorie Lane Vernon Rockville, CT 06066-4007 Telephone number: 860-872-2274 Fax number: A.J / II 11,02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller, Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13,01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits, 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof, 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as -the context or the use thereof may require.- 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision, 13,07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 7 CONSERVATION COLLIER Property Identification No, 39491520005 l6FJ~ 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, 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: ~ ,~~ 11..0 t.. DATED:~ 13 ATTE$T:" DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .-1 By:.--j"f)1-- TOM HENNING, Chairman A ...~,., 11gt11ture l*tl'lJ, AS TO SELLER: DATED: 9/c1S/o8 I . WITNESSES: ~~.,~~ Signature) d /7 _.. t" ~,.:> A/ . ~"-.......a -F?.. . C// ~ ..-'t A .. FRANK G~ ~I Kt!')./,v1.::1'1I Kt.1..uvc'!< . (Printed Name) ( . \~~Mrt-J)** (Signature) \ At.A (3 t:1-J/-Jb 7( (Printed Name) 8 CONSERVATION COLLIER Property Identification No, 39491520005 WITNESSES: liu~JI7~ ( ignature) /(E;JNt:7# i<C [Uy't:: f<.. (Printed Name) <. jo.A n . ~ mnk- (Signature) lAt'-A \)~ { { (Printed Name) Approved as to form and legal sufficiency: ~(~~ Jennife A. Belpedio ~ Assistant County Attorney 16 [ 13 (J~ /~~-2 MARIA NERI 9 CONSERVATION COLLIER Property Identification No. 39491520005 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39491520005 LEGAL DESCRIPTION: WEST 150 FEET OF TRACT 18, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 4.48 ACRES 10 16 F 1J ~I ORIGINAL DOCUMENTS CEECKLIST & ROUTING SLIl6 E l' . .. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 4 THE BOARD OF COUNTY COMMISSIONERS OFF1CE FOR SIGNATURE . . Pdnc 011 piDi: pap.... Alt1dt III original -~-. Original _~m~" 3IumJd be haad delivered lD tile BoaztI 0lIlcc. 1'htrCClllplol<d ","liDg slip md original --"""'lllbeftzwuded.llltlleBOIIdOllil::anlyqllloBoaolhas!:ll:cll.aclian.Ollllloitem.) . . , .', .' . ROUTING SLIP ' . CampJooor<llltiqllnc:s'1 dlraughll4as ~ 1br~sigumm:s, dar=,mdIcrilliamadOll_ltlllo.......;;_;.;. m:u1yccmpleo: wilh lllo dOlI at'tIle ,.."".......'s . draw. !iDe rlIloa maliD Jines.! tbroa #4, Jooo tile checklist; and!bnnrd III S...Filsaa (lilIO ffi. Route to Addressee(s) , Office Initials Date (Lisrin_ ardor)"'''' 1. PRJl\IIARY CONTACT INFORl\.fA. TION ('!be primlIry __ b tile lIalder of tile origiDal -O"'~~, pcadillg Bee approvuL Nanuully tile primary COlImet is <b. p...o. wlla <=tcdIprepu:d tile c:xOClltive S1IDIIlIIIIY. l'rimuy ""'''''''' iIlianmuiOll is _ ill <be ...., _ of tile -== .oove. includillg s... Filsou. lIeed III C!lllClCt Slllf far _ or_. iDfanDalia.. All origiDul doc:umeulS IIOOdiIIg <be Bee ChairmaIl', sig.'''.'. "" to b. deUverccl to <be Bee office Ol1ly after tile Bce bas ac:ed III approve l!le ilem.) Name of Primary Staff Phone Number ConlllCl Agenda Dille Item was Agenda Irem Number ved b the BCC Type of Documenl Number of Original Attached Documents Attached ",'.. 2. -,-- -- .- 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office INSTRUCTIONS & CHECKLIST IDitial the Yes column or mark 'W A" in the Not Applicable column. whichever is 1.. Original doc:ument has been &igccd/'mitialed fur legal sUfficiency. (All documents to be signed. by the Chainnan, with !he exception of IIIOst letters. must be reviewed ami sigIled liy the Oflice of the County AJ1Drney. This includes signature pages from ordinances, resolutions. etc. sigIled by the Colll]ty A.aorDey's Office and signature pages from contracts, agreemenls, etc. that have been fully executed by all parties =pI the BCe 01airman and Clerk to the Board and ssibI State Officials.) 2. An handwritten,Slrike-lhrongh ami revisiOtlS have been initialed by the County ~rney: s Office and all other arties I the Bee Cbairman ami the Clerk to the Board 3. The Chairlpan's signallJre line date has been entaed as the dare ofBCe approval of the doc:ument or the linal ne tiared con= date whichever is licabIe. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si and initi.als are S. In ri:Jost cases (some COII!l1IClS are an exception), !he original documenl ami this routing slip should be provided to Sue Filson in the BCe office within 24 hours of BCe approval. Some ,i"",""""1ts are time semitive and reqo:ire 'forwarding to T.ll.h."ee within a certain time frame or the BCC's actions are nuIlliied. Be aware of our deadlines! 6. The dClCDllUmt was approved by the BCe on enter date) and all cIws1les made during the meeting have been iDcorpo in the attached docnmenl. The Coun Altom's Ofl'lCll bas reviewed the it a liable. Yes NlA (Noe (Initial) licable) (Jffi~ ../ >>/11 ~ 0J1/I C1\J e' ..~ . ~ ~ Forms! Cmn<y Forms! BCC Forms! OrigiDal Documella Routing Slip WWS Original 9.03.04. Revised 1,26.05. Rcvi.'led 2,24,05 CONSERVATION COLLIER Property Identification No. 39540160002 16 E 14r'~ Prepared by: Jennifer A. Belpedio, Esquire Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BETHANY JACKSON VONDRAN, FORMERLY KNOWN AS BETHANY A. JACKSON, AMY S. JACKSON, KAREN RING, FORMERLY KNOWN AS KAREN E. TEO, DAVID P. JACKSON, KATHERINE E. EZIS AND JENNA EZIS KING, FORMERLY KNOWN AS JENNA J. EZIS, whose address is 5921 Milburne Drive, Milford, OH 45150, (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 "An, II, PAYMENT OF PURCHASE PRICE 2,01 The purchase price (the "Purchase Price") for the Property shall be Twenty Five Thousand One Hundred Eighty Nine Dollars and 00/100 dollars ($25,189,00) (U.S, Currency) payable at time of closing. 1 ~~ \~ ~ CONSERVATION COLLIER Property Identification No. 39540160002 16 E 14 ~~i 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. 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, 2 ~~ ~ 16 E 14 'I CONSERVATION COLLIER Property Identification No, 39540160002 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3,02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property, The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3,03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV, REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon, Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable, Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects 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 mal terminate the Agreement. A failure by Purchaser to give such written notice 0 ~t 'I> 3 CONSERVATION COLLIER Property Identification No. 39540160002 16 E 14 ~ termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4,013 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 use and purpose in the Conservation Collier program, 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results I . any investigation, Purchaser shall deliver to Seller prior to the expiration of th ~1- ~ 4 16 E 141~ CONSERVATION COlliER Property Identification No 39540160002 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. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing, VII, POSSESSION 7,01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8,01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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 :nd cancel this Agreement by giving writt, 1J CONSERVATION COLLIER Property Identification No, 39540160002 .J. 6 E 14 ..~ 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. 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. ~ ~ Ie,," 6 ~ CONSERVATION COLLIER Property Identification No, 39540160002 16 E 14 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 (,~ ~ Yi! 7 CONSERVATION COLLIER Property Identification No. 39540160002 16E 14'" threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same, Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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: 8 ~~ .~ CONSERVATION COLLIER Property Identification No, 39540160002 16 E 14 ~ 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, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: Bethany Jackson Vondran 5921 Milburne Drive Milford, OH 45150 Telephone number: Fax number: 513-722-4422 {,/I t1- , I 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties, 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 9 ~; CONSERVATION COLLIER Property Identification No. 39540160002 16E14" 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, 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 ~x 10 ~ CONSERVATION COLLIER Property Identification No. 39540160002 16 E 14 I,,,, and dated by both Purchaser and Seller. Agreement. Time is of the essence of this IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: I O)..w..) looP, AS TO PURCHASER: ~ \~~ 1L.,E.11 DATED: \0\ z.q)UOe> , ATTEST: ., DWIGI-lT Eo,' ~RO,CK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY :f~k TOM HENNING, Chairman AS TO SELLER: '~, I I DATED: \'\/ ( '\ .. \ WITNESSES: BY: I~at~~!f/~U BETHANY .;.....~,..;< \/ONDRAN, FORMERLY KNOWN AS BETHANY A, JACKSON JAr--E.J fv1,. Vr-tJoil nJ (Printed Name) ~~ (Sign ure) ,j/j torpfll:: (Printed Name) 11 CONSERVATION COLLIER Property Identification No. 39540160002 AS TO SELLER: DATED: 9-/6--0 V WITNESSES: &.G(j~U~ (Signature) c {',' c.... ~A.I t../6(\('t\ e e (Printed Name) '" ~,d?,.,vCe~^~o~ (Signature) J:'m I~ (Ar;~vn-et.1 (Printed Name) 16 E 14 I,~ BY d~'0 tj;1'~ AMY S. J CKSON 12 CONSERVATION COLLIER Property Identification No. 39540160002 AS TO SELLER: DATED: 9/110 /0 '? WITNESSES: ~a~~ (Signature) k..,-c'.."'4- A. ,fa,,- holJ (Printed Name) ..- ...~ :~I-J ..,.-- ,I-"--/~ (Signature) SHA~,J '~l 10(, (Printed Name) 13 16 E 14 ~ BY: KAREN RING, FOR AS KAREN E. TEO Y KNOWN CONSERVATION COLLIER Property Identification No, 39540160002 AS TO SELLER: DATED: <:}-16- 08 WITNESSES: I2JMt (Signature) Aut.- Mil L.I:~ ~ (Printed Name) D j~HJ JU1J Lt-vl11ft'\- (Signature) .b; ilVLe 5 (Ii 11'V\a. n (Printed Name) 16 E 14 BY: 14 CONSERVATION COLLIER Property Identification No. 39540160002 AS TO SELLER: DATED: lY - C).ep )00'6 WITNESSES: ~~ (Signature) '\ .J,ott aer~""'- (Printed Name) rJru (Sij ~t- ~ 1; ature) )!1<:1J'} r;J/O(VIJ /(7/;1 k (Printed Name) , 15 BY: kOv'{~ 2- KATHERINE E. EZIS 16 E 14 CONSERVATION COLLIER Property Identification No. 39540160002 AS TO SELLER: "':\. " DATED: 'II (p ut) WITNESSES: (Signature) N \\\\'( (Printed Name) (;,:.~ .. Ht'~?'"/l t/J'Sl (Printed ame) Approved as to form and legal sufficiency: r~2L ~- Jenn er A. Bel io Assistant County Attorney 16 E 14 ~ 16 CONSERVATION COLLIER Property Identification No. 39540160002 16 E 14 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39540160002 LEGAL DESCRIPTION: THE WEST 105 FEET OF THE WEST 180 FEET OF TRACT 46, GOLDEN GATE ESTATES, UNIT NO, 53A, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 104 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 17 ~~ ~ _._"._.._._--~---- ORIGINAL DOCUMENTS CEECKLIST & ROUTING SLril6 to " ' .. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO C 15 THE BOARD OF COUNTY COMMISSIONERS OFF1CE FOR SIGNATURE ' . " , Pdnc 011 piDi: paper. Altu:h III original d~-' Original "~m_~ slIa11ld be haad delivered lD tile BoaztI 0lIlcc. 1'htrCClllplol<d rauliDg slip md original "~-., "" lD beftzwuded.1ll rlIll BoaztIOlIil:: anlyqtbaBoaolhas !:II:cII.aclian.Oll tile item.) . , " ... .. ',' , " ROUTING SLIP . ,..Camplaar<llltiqJiDes'1 dlraughll4,. ~1br~ .;1lI'....... dar=, mdIcrilliamadOll_ltrlllld~_";. m:u1yccmplcrc wilh <l1c af'tIleI'"J' 's' drawl!iDerllloa maliD Jines.!tbroa #4, Joootllechecklist;andlbnnrdlllSue-Filsaa fS). Route to Addressee(s) , Office Initials Date . in ardor)' ",'''_ 1. PRIMARY CONTACT, INFORl\.fA.TION ('!be primlIry -- b tile bolder at tile cxipW "~-, pcadillg Bee appttlvuL NammJ1y tile primary COlICICt is <he p,",o, wlIa <=tcdIprepu:d <he ..ccw:ive SlllDIZIIIry.l'rimuy -- iIlianmuiOll is - ill tIleeVCll1 OIIC of <he address... above. Jncllldiug Sue l'ils0ll, uccd III CPUClCt mf[ 1br oddiDaual or_, iIIfarm:uiau. All original "~-., lICCdiug <he Bee Chainu;m', siplllUe "'" to be delivenocl to <l1c BCC oilice ouly attcr tile Bce bas llCIlld III approve tile irem.) Name of Primary Staff Contact Agenda Date Item was ved b the BCC Type ofDocumcnt Alrached \,.... 2. 3. --. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes andRecards Clerk: of Court's Office Number of Original Documents Attached Phone Number Agenda Item Number lNSTRUCTIONS & CHECKLIST Initial the Y cs colWllD or marJc "'NI A" in the Not Applicable collllIlI1. whichever is 1., Original document ha been sigaedl'mitialed tbr legal stiffic:iency. (All dO<"~"'J1lS to be sigued by the Chair.man, with lhe exception of IIlOst!elters; must be reviewed and signed oy the Oflice of the County Anomey. This iDcludes signatUre pages from orrl;n.n...... resolutions. ete. sig!Ied by the County Ancmey's Oflice and signature pages from contracts, agr-on-'S, ete. that have been t'ulIy =uted by all parties except tbe BCC Chairman and Clerk to the Board and I Stale Officials.) 2. All lwldwritten,Slrike-throa.gh and revisions have been initialed by the County ~y: s Office and all other 'cs t the BCC Chairman and the Clerk to tbe Board 3. The ("],'""".n's signature !iDe cIate ha been entered as the date ofBCC approval oftbe document or the final DC tiared con= cIate whichever is licable. 4. "Sign here" tabs are placed on the appropriate pages iDdicaling where the Chairman's . and inilials are 5. In most C3:lCS (some contracts arc an exception), lhe original document and this routing slip should be provided to Sue Filson in the BCC office within 24 00= of BCe approval. Some d""'~"'n's are time sensilive and require'tbrwarding to r.n.h..,ee within a certain time frame or the BCC's actious are nullified. Be aware of our rl_,mnes! 6. The d......",..nt WlIS approved by the Bee on (enter date) and all c:haDges made duriug the meeting have been lncorpo . the attached docnment. The Coon Attorn's Omce ha t'lOViewed the es, if a liable. ~. . d-6ol -8917 /tR (5;;5 I Yes N1A(Not (Initial) licable) ~~ ..-/ . - rolfl ~ tV/A ()1\ V . ..~ . ~ - Caon<y - BCC _ Origillal ""'"-~.. RouliDg Slip WWS Original 9.03.04, R<vi5ed 1.26.05. Revi><d 2.24.0S ~.__......._._----_.. .....,~ ''^''~''''''-_''_.,,,,,,,,,,.,.,.",,, ..... ,~"'._- . ''''"'''.,-",",,,.,,,,,~, ..,>,._.-..~....,.". '... CONSERVATION COLLIER Property Identification No. 39491080008 16[15 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JOHN M. LESS, INDIVIDUALLY, AND LARRY P. LESS, INDIVIDUALLY, whose address is whose address is 1563 Deming Drive, Orlando, FL 32825, (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 Eighteen Thousand Sixty Dollars and 00/100 dollars ($18,060.00), (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 CONSERVATION COLLIER Property Identification No, 39491080008 16E 15 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. 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, 2 CONSERVATION COLLIER Property Identification No. 39491080008 16E 7~ " _1 Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property, The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4,011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3,03 Purchaser shall pay for the cost of recording the Warranty Deed, Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage, IV, REQUIREMENTS AND CONDITIONS 4,01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4,011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon, Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing, If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4,012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable, Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects 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. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 3 CONSERVATION COLLIER Property Identification No. 39491080008 16E15 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 use and purpose in the Conservation Collier program, 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 4 CONSERVATION COLLIER Property Identification No, 39491080008 16[15" 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, Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property, VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing, VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing, VIII. PRORATIONS 8,01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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 5 CONSERVATION COLLIER Property Identification No. 39491080008 16F15'" 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. 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. 6 CONSERVATION COlLIER Property Identification No 39491080008 16f15 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 7 CONSERVATION COLLIER Property Identification No, 39491080008 16[15 assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10,021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing, Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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, 8 CONSERVATION COLLIER Property Identification No, 39491080008 16[15'" 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, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 If to Seller: John M. Less 1563 Deming Drive Orlando, FL 32825 Telephone number: 407-277-2094 Fax number: AJ /11 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes, XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, 9 CONSERVATION COLLIER Property Identification No. 39491080008 l6E 15 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 10 CONSERVATION COLLIER Property Identification No, 39491080008 16E15 Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes,) 13,10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14,01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party, No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: I 0 ~ J..O 0 8 ~ l~~\(;E-/5 AS TO PURCHASER: DATED:~ ATTEST: DWIGHT ,I::, BROC!1IS. Clerk < BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY -i--~-~, TOM HENNING, Chairman ( ..., Attest is,t{)! CM r sf onature on I ~ 11 CONSERVATION COLLIER Property Identification No, 39491080008 AS TO SELLER: DATED:~~~~ 0f' ~/I 2,...:)0'8 WITNESSES: 'J);(])VLL ~aua .0 (Signature) pia.n~ ~CUla.O (Printed Name) )!(~)J. . 7f?J (Signatur n!A':JO I' oB+)I L -e $ 5 (Printe ame) 12 JO 16E15 rn~L CONSERVATION COLLIER Property Identification No. 39491080008 WITNESSES: lfJiUtv-- (Signature) l ,'blK A>> mS (Printed Name) ~_. (Printed Name) Approved as to form and legal sufficiency: , O-A} r . , \J.....:y.?~ Jenni~r A. BelpeQi~ Assistant County Af(orney '~ 16E 15 13 CONSERVATION COLLIER Property Identification No. 39491080008 16 r: 15!""! EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39491080008 LEGAL DESCRIPTION: THE EAST SEVENTY-FIVE (75') FEET OF THE WEST ONE HUNDRED EIGHTY (180') FEET OF TRACT 14, GOLDEN GATE ESTATES, UNIT NO, 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1,14 ACRES, MORE OR LESS 14 ORIGINAL DOCUMENTS CEECKLIST & ROUTING SLJ 6 E 1-6 . TO ACCOMPANY ALL, ORIGINAL DOCUMENTS SENT TO , THE BOARD OF COUNTY COMMISSIONERS OFF1CE FOR SIGNATURE Pdnc 011 piDi: pap.... Altu:h III original "~-, Original ~m_" 3lumJd be haad delivered to tl1c BoaztI 0lIlcc. 1'htrCClllplol<d ","liDg slip md original ~~"""lllbeftzwuded.llltlleBoaztIOlIil::anlyql!loBoaolhas!:ll:cll.aclian.cmtlleitem.) , , .', .. . , ROUTING SLIP , CcmipJooo r<llItiq lines III dIraugh 1I4 as ~ 1br ~ siplllm:S, dar=, mdIcr iIliamadOll_1t tIle......;.~;';. m:u1y ccmpl... wilh tl1c attlle,.."".......'s . draw. Iiu. rlIloa!lb maliD. Jines #1 tbroallh #4, c:cmpJooo tile checklist; IUd !bnnrd III Sue- Filsaa (lilIO IIS). . Route to Addressee(s) , Office Initials Date ILiss in "",ting ardor) , ''''',-' , L -'- . - 2. ~' 3. :...------ - , ------ -,-- - 4. ------ ----------. 5. Sue Filson, Etecutive Manager Board of County Commissioners , 6. Minutes and Records Clerk of Court's Office - PRIl\iIARY CONTACT-INFORl\.fA.TION ("!'b: primary c:amnct is the haJder of !be original A..--._p pCDdinI Bce 1pprt)Vl1l. NonDauy tile primary CODCLCt is the person wbo ~ the executive SlllDIZIIIry.l'rimuy -- iIlianmuiau is _ ill <llo ...., """ at tile oddr== aIlave. inc:Jwliall Sue Rlsou. Il=1 to CJll1C1Ct = far _ or-lI iIIbmItiaa. All original """,~~., IlOOding <llo Bce ClW:=u', sigua_ 0:0 to b. delivered '" tile Bce .t'Iico .Illy afn:r <llo Bce ba.s aClIOd III approve tile i1em.) Name of Primary Staff Contact Agenda Dille Item was ved b the BCe Type ofDoc:ument Attlu:hed ".... Number of Original Documents Attached Phone Number Agenda Item Number INSTRUCTIONS & CHECKLIST Initial the y cs column or mark "W A" in the Not Applicable column. whichever is 1., Original document has been sigrledfmitialed fur legal stitficieney. (All documcncs to be sig:aed by the Chainnau. with the exception of mest Jeuers. must be reviewed and signed liy the Office of the County AJ1t:Jmcy. This ind"A... signature pages from ordinances, resolutions. etc.. signed by the County AJJr1crJt;y's Office and signature pages from contracts, agr-m~lS. etc.. that have been f'nlly W""..~ by all parties except the BCe 0Wrman and Clerk to the Board and I Stale Official..) 2. All handwrittcn.strike-tbroagh and revisions have been initialed by the County ~y: s Office and all otbc:r 'cs t the Bce Chaitman and the Clerk to the Board 3. The ('l,'"'v.n's signatUre line date has been entered as the date ofBCe approval otthe document or tI1e final nc tim:d contrat:t date whichever is licable. 4. "Sign here" tabs are plac:d on the appropriate pages indicating where the Chairman's si and initials are 5. In ziIost c:ases (some contracts are an exception), tile original document and this routing slip should be provided to Sue Filson in the BCe office within 24 hours ofBCe approval. Some AO'"'",,""OtS are time sensitive and require 'forwarding to Tan.h..tee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlincs! 6. The dClCIlJlW1t was approved by the BCe on 0 enter date) md all changes made dnriDg the meeting have been incorpo the attached docnmen!. The Conn Attorn's Office bas l'eYiewed the if a liable. ..<- 17 j Ycs N/A(Not (Initial) licablc) efi1\t --- ""- A b - ~ .- - omt ~ FormsI County FormsI Bce _ Origiual Doeum=a Routing Slip wws Original 9.03.04, Rcvi"ed 1.26.05. Rcvi=l2.24,QS ......------,.- -._"" ~~ _.,<.._._,...._-;-"..~-~.,~."--~.,"-,,. CONSERVATION COLLIER Property Identification No, 39490080009 16E16" AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JORGE A. TOLEDO, whose address is 7152 SW 78th Ct, Miami, FL 33143-2707, (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 Five Thousand Two Hundred Eighty Nine Dollars and 00/100 dollars ($55,289,00) (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. 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 1 CONSERVATION COLLIER Property Identification No, 39490080009 16[16. 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 (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon, Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing, If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable, Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects 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, 2 CONSERVATION COLLIER Property Identification No. 39490080009 "1; JJ.6E16 may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 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 use and purpose in the Conservation Collier program, 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, Seller shall be notified 3 CONSERVATION COLLIER Property Identification No, 39490080009 16rZ6 by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. ", VI. INSPECTION 6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing, VII. POSSESSION 7,01 Purchaser shall be entitled to full possession of the Property at Closing, VIII. PRORATIONS 8,01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2008 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, 4 CONSERVATION COLLIER Property Identification No, 39490080009 16[16_ At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary, 10,013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing, Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10,014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at 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 5 CONSERVATION COLLIER Property Identification No, 39490080009 l6[16" moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10,021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing, Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same, Seller also agrees to notify Purchaser promptly of any change in the facts contained in the 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, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-252-8991 Fax number: 239-252-8876 6 CONSERVATION COLLIER Property Identification No, 39490080009 16E 16 If to Seller: Jorge A. Toledo 7152 SW 78th Ct Miami, FL 33143-2707 Telephone number: 305-303-3005 Fax number: A/ / A I 11,02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes, XII. REAL ESTATE BROKERS 12,01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, XIII, MISCELLANEOUS 13,01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13,02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13,03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties, 13,04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof, 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require, 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to 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, 7 CONSERVATION COLLIER Property Identification No, 39490080009 16E 16 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, 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: , 0 ~)2.Oo8 AS TO PURCHASER: ~ \ ~ ~ DATED: lD~~C08 ATTEST: DWIGHT 1;, BROC~, Clerk ... . -;,~, I u> E- J& BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA y:f~k~ TOM HENNING, Chairma AS TO SELLER: DATED: 9/.2sJ()8 WITNESSES: v.?J1;#o (Si\!oatp~ 'CI. c 'uf! d -r;; /pr/f! (Printed Name) / /! -m:// (Signature) Jv /5/7 eEI/J . (Printed Name) Approved as to form and legal sufficiency: . ~O,)(~A Jennifer A. BeIP~ Assistant County Attorney ~ 8 l6E16 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39490080009 LEGAL DESCRIPTION: ALL OF TRACT 2, GOLDEN GATE ESTATES, UNIT NO, 53, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, 3.49 ACRES 1 16E 17' MEMORANDUM Date: November 10, 2008 To: Jeff Walker, Director Risk Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Second Amendment to Manaed Care Service Agreement Contractor: NCH Enclosed please find one (1) copy of the document referenced above (Agenda Item #16EI7), approved by the Board on Tuesday, October 28,2008. If you have any questions, please feel free to call me at 252-7240. Thank you Enclosure Q Community Health Partners~ 16E17 p \ . ,,\ 1,. r~ 'f\L '\ ;', SECOND AMENDMENT TO MANAGEDCARESER~CEAGREEMENT Between BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY And NAPLES PHYSICIAN HOSPITAL ORGANIZATION. INC d/b/a COMMUNITY HEALTH PARTNERS TIllS Amendment to the Managed Care Service Agreement (the "Amendment") is entered into and becomes effective on October I, 2008, by and between Board of County Commissioners Collier County, Florida hereafter referred to as "Payor", and Naples Physician-Hospital Organization, Inc., d/b/a Community Health Partners, hereinafter referred to as "CHP". RECITALS WHEREAS, Board of County Commissioners Collier County, Florida has entered into that certain Managed Care Service Agreement (the "Agreement"), effective January 1,2003, whereby, Board of County Commissioners Collier County, FL desires and Community Health Partners agreed to provide Managed Care and Utilization Review Services through a cost effective, coordinated, and integrated health care delivery system to the Payor's self-insured Health Care Benefit Plan members WHEREAS, the parties wish to amend the Agreement in accordance with the terms hereof. NOW, THEREFORE, that in exchange for lawful consideration and intending to be legally bound, the parties amend the Agreement, as follows: I. All defined terms used in the Amendment shall have the same meaning as ascrihed to them in the Agreement. Except as set forth herein, all other terms and conditions set forth in the Agreement, shall be unaffected hereby and shall remain in full force and affect. 2. Pursuant to Article 11 Provision of Services, Section 2.1 Utilization Management Program shall be amended as follows: Community Health Partner' Utilization Management Program shall use nationally recognized guidelines to determine the appropriateness of medical services as well as the delivery setting and length of stay for inpatient hospital and MRJ services only. The appropriateness guidelines have been developed to create practice pathways that integrate with procedures that require Precertification. 09/18/08 16[17'-' 3. Pursuant to Article II Provision of Services, Section 2.2 SmartChoice Program (Large Case Management) shaJl be amended and the following added: . The SmartChoice Disease Management portion of the program will be used on a case by case as needed basis. There is no limit to the number of individuals enrolled in this program. . Reimbursement for this program will be calculated based on the number of individuals enrolled. 4. Pursuant to Article II Provision of Services, Section 2.3 Access Healthline Program will be deleted in its entirety and replcaced with the following: 2.3 HEALTH ADVOCACY PROGRAM CHP agrees to: I. Provide three (3) Community Health Partners employees dedicated to the Collier County Government Health Advocacy Program. Employees will consist of: . Two (2) Health Advocates (Job Description Exhibit 2) . One (1) Health Coordinator Each employee will work a minimum of Forty (40) hours per week. Local travel will be required. 2. Health Advocacy staffwill work with Collier County Government Wellness Program Manager to collaborate on the start up, implementation, and day to day management ofthe Health Advocacy Program. 3. Provide all applicable and necessary office equipment required for the employees including but not limited to: . Furniture . Technology - computer, internet access, copier and fax machines . Miscellaneous office supplies (paper, pens, notepads, etc.) 4. Secure and maintain three (3) year agreement with WellSource to provide Collier county Government employees with access to the WeJlSource Personal WeJlness Profile and Health Activity Tracker program. 5. Create and maintain website specifically for the Health Advocacy Program. Collier County Government agrees to: I. Provide to CHP reimbursement for services on quarterly basis as established in Schedule 4.7 attached. CHP will conduct a bi-annual review of services/staff provided to the Health Advocacy Program and adjustment of payment terms may be granted with mutual agreement by both parties. 2. Provide to CHP reimbursement for any travel related expenses of dedicated Health Advocacy Program staff at the current mileage rate established by the Internal Revenue Service (IRS). 3. Provide to CHP reimbursement for any unforeseen but related operational expenses as approved by Director, Risk Management Collier County Government. 09/18108 16E17 4. Provide to CHP monthly reimbursement for the hosting of the Health Advocacy Program website. 5. Provide to CHP Health Advocate staff the following operational equipment: . Office Space . Telephone (Minimum of three (3)) . Appropriate printed/promotional material related to the Health Advocacy Program. 5. Pursuant to Article II Provision of Services, Section 2.10 Program Fees and Schedule 4.7. Section 2.10 and Schedule 4.7 shall be amended as follows: 5.10 Board of County Commissioners Collier County shall pay Community Health Partners the fees as listed on Schedule 4.7 herein, as compensation for Managed Care Service programs CHP provides. 6. Pursuant to Article III Term and Termination, Section 3.1 Term will be amended as follows: This Letter of Agreement will be effective for a period of three (3) years and will terminate at midnight September 30, 20 II. At that time each party may negotiate another term for services. Either party may terminate this agreement and/or Health Advocacy Program for any reason the first day of each calendar year with 90 day prior written notification to the other party. 16E17"1 IN WITNESS WHEREOF, the undersigned have executed this First Amendment to be effective as of January I, 2008. \;l'I:-,.q;I'I"" A' ~ "Up _f'~a"""<1)l".~,'.. :- ',.,C" '~J?wi&l1-t;. ~~~ of Courts ,; f:\i~~~"t:;"i~!(~ :" ~~" ~" . 'f ,f' .. /J.i3 ~ By: 10,.. rf.Fn11;rft ~~I~~ Print Name and lIe ,tlJll~ 0lI1~ /~u~ IFirst Witness '&t<-bar<!O- J: ~i-eK 'Print/Type Witness Name ',--- :.~ (u x~ \CJ.y-'\,~ Second W. e )J,.A-\',~~~\{"'C(.{C yyCO PrintlType Itness Name NAPLES PHYSICIAN HOSPITAL ORGANIZATION d/b/a COMMUNITY HEALTH PARTNERS By: r L. Kevin Cooper, Co-C ai II By: David H. Greider, MD, Co-Chairman CORPORATE SEAL (Corporations only) Approved as to form and legal sufficiency: 11fJRldM ~ /}7U1z/~ ?/~t/UVJ25 -WiLUiflJ $c/jI17/AJAD ASSISumt county Attorney 09/18/08 I6E 17" SCHEDULE 4.7 PROGRAM FEES - Second Amendment Effective October 1,2008 Board of County Commissioners Collier County, Florida shall pay Community Health Partners the fees listed below for the Managed Care Service programs - Utilization Review Management with Large Case Management, Maternity Case Management, Disease Management, and Health Advocacy Program, Fee to be disbursed to: Community Health Partners 851 Fifth Avenue N #20 I Naples, FL 34102 Utilization Manal!ement Fee: CHP Utilization Review Management program with Large Case Management/Care Coordination including Maternity Management $2,13 pepm* * to increase by 3% annually beginning January I, 2009, effective the first of the month of the new contract year. SmartChoice (Disease Manal!ement Fee): Six month program: $600,00 per person enrolled payable quarterly, Health Advocacv Prol!ram Fees: Yeaf One: Total amount due for period of October I, 2008-September 30, 2009: $344,353,92 Year Two: Total amount due for period of October I, 2009-September 30,2010: $360,048,72 Yeaf Three: Total amount due for period of October I, 201O-September 30, 2011: $372,547,92 Payment shall be made quarterly one fourth of the total amount due October I, January I, April I, and Julyl. of each year. TOTAL ANNUAL FEES FOR ALL PROGRAMS (Excludin2 SmartChoicel: Year One: Year Two: Year Three: $400,585,921 $15,]7 pepm based on 2200 employees $417,864,721 $15,83 pepm based on 2200 employees $432,211.921 $16,37 pepm based on 2200 employees 10/20/08 16E17~ Payments not received as indicated above shall result in termination of this Letter of Agreement and termination of the program, 10/20/08 Q Community Health Partners. Pr!' IAN H()',f'II,~\l O;'(,J'\~il~AliCN 16E17 Health Advocacy Program Job Description Job Title: Reports to: R,N. Health Advocate Chief Operating Officer of Community Health Partners Description: The Health Advocate Program integrates Utilization Management, Case Management, Clinical Preventive Care/Wellness Services, Medication and Educational Programs. Nurse Advocates work closely with providers, community resources and the members for the best health outcomes. A goal of the Health Advocates is to facilitate member learning of wellness strategies, promoting the prevention of complications and empowering for individual responsibility. Primary Responsibilities: . Advocacy . Responsible for overseeing members participation with PWP and Biometric screenings . Responsible for collecting data and reviewing with members to identify qualifiers . Assist members with the process to achieve goals needed to meet qualifiers . Responsible for overseeing quality of care being provided to members of the health plan. . An understanding of the process of change in order to empower member personal health care. . Provide educational materials, presentations and community resources. . Assist with provider referrals for appropriate healthcare. . Assist wilh the development of the healthcare plan in collaboration with the provider and member. . Follow up with individual member progress and adjust the plan accordingly. . Work collaboratively and efficiently to resolve provider issues. . Program Planning . Participate in ongoing program development, marketing, and enhancement in order to meet the needs of the members and the health plan, . Maintain data, follow-up and make referrals and evaluations for specifically assigned program such as nutritional counseling, smoking cessation and wellness programs . Other duties as assigned. Qualifications: . Current R,N, license in the State of Florida, BSN preferred, . Valid Florida Drivers License. . At least 3 years of case management and 3 years of clinical experience. . Organizational skills. . Excellent written and verbal communications skills. . Ability to work independently and within a team sening, . Problem solving skills, . Proficient in Microsoft Excel, Word, Outlook, Windows and Internet Usage. Performance Standards: . Must comply with all company policies and rules. . Must complete all assignments on a timely basis and in a correct manner. Equipment Used: . Computers, software packages, printers, photocopiers, facsimile machines, telephones, etc. Working Conditions: . Office environment . Wellness Center . W orksites . Overtime may be required . Local travel is required 16E19 MEMORANDUM Date: November 4, 2008 To: Jeff Walker, Director Risk Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Blueprint for Wellness Services - Letter of Agreement Contractor: Quest Diagnostics Incorporated Enclosed please find three (3) original of the document referenced above (Agenda Item #16EI9), approved by the Board on Tuesday, October 28,2008. Please forward a fullv executed orie:inal to the Minutes and Records Department for the Board's Records. If you have any questions, please feel free to call me at 252-7240. Thank you Enclosure <'._._'... _..__,_ w. .__ ,'m'_',__~,~,__'_'___~'_'_"_."'_'____';___"^"'_'___ -~._-------" 16E19"" QUEST DIAGNOSTICS INCORPORATED LETTER OF AGREEMENT FOR BLUEPRINT FOR WELLNESSTM SERVICES QUEST DIAGNOSTICS INCORPORATED, ("QUEST DIAGNOSTICS") agrees to provide Blueprint for Wallness ™ Services to: Customer Name Collier County Government corDorate name) N/A Subcontract name Customer ContactlTitle Karen Eastman, Wellness Programs Mgr, OR Jeff Walker, Risk Manaaement Director Customer Contact Information Collier Counly Government Street Address 3301 East Tamiami Trail, Blda. D City Naples State, Zip FL 34112 Phone Number Karen Eastman 239-252-8906 OR Jeff Walker 239-252-6092 Email Address kareneastman@collieraov,net OR JeffWalker@collieraov,net Program Name/Account #(s) "INVEST IN YOUR HEALTH" Total # of Participants Eligible and Number of Participants eligible: _ -2,200 in 2009 Estimated % oarticioation Expected % Participation: 80 % Requested Date(s) and Location(s) ~ List of locations for CCG is attached, of Event ~ Primary location (same address as above, with -1,000 (Date(s) to be confirmed by BFW participants would like to begin BFW events on 1/20/09 for 2 Staff, weeks, then complete all locations by March 31st List each individual location and # of eligible participants at each), Note than an "Event" is considered a health fair/screening at one location "or a fixed, uninterrupted period of time, Event Staffing Commitment *: ~ Three (3) weeks before each Event * Wellness Specialisl will confirm with the customer the number of ..Staffing Commitments finalized less than three (3) weeks require participants, event hours and prior approval and will be assessed additional charges as set forth in schedule event staffing three weeks Section 1 of the Terms of Service, below, prior to each event date, 2009: Health-Plan-eligible employees of CCG total - 2,200 Eligibility Criteria for Participation 2010: Age-based, Health-Plan-eligible employees of CCG -1,200 (e,g" employees only, spouses, etc,) 2011: Age-based, Health-Plan-eligible employees of CCG + eligible, active spouses -2,200 2012: Final events take olace Jan-March, 2012 Services Requested Personal Laboratory Report Solution Program modules & oricina, below) BFW LOA rev. 11107 1 16f 19 Laboratory Tests Included: Heart: Total cholesterol, HDL, calculated LDL, triglycerides, calculated cholesterol/HDL ratio (Note: no cardio-CRP as requested) Thyroid: TSH-Thyroid Stimulating Hormone, and Free T4 Kidneys: BUN, creatinine, BUN/creatinine ratio Bone: Calcium Liver: Albumin, total protein, globulin, A1G ratio, Alkaline Phosphatase, AL T, AST, lotal & direct bilirubin, and GGT Pancreas: Glucose Whole Body: Chloride, potassium, sodium, iron, TIBC, ironlTlBC percent saturation, and ferritin Pancreas: Hemoglobin A1c Blood: CBC Hemogram Lungs: Cotinine (blood sample) PSA (Males> or - 40) (Yes or No) NO specify if other than Males> or = 40) HRA (on-line, paper or both) NO HRA Specimen Collection: On-site Events & Remote PSC Collection Kits (On-site Events, Remote/PSCs, other) Medical Authority (PWN Physician Quest Diagnostics will provide medical authority via PWN- or Customer-supplied) Physician's Wellness Network. Biometric Measurement Data Height, Weight, BMI, Blood/Pressure, Waist, Hip, Waist/Hip Ratio Requested: Describe Customer requirement) Participation in BFW-PLR is a key "qualifying step" for health-plan- Participant Incentive eligible employees to increase coverage from "Basic" to "Select" or "Premium" without increasing their contribution to the health plan, Incentive Criteria Well Source HRA and BFW-PLR On Line Registration Key CCG Wellness Program Participant 101 CCG Employee ID # - this change occurred 10/2/08 When spouses are added in 2011 they will use the employee ID + S Participant 10: Define unique for Spouse, Participant 10 requested as it will appear in the Customer eligibility 'ile(employee 10, SSN, Etc,) Disclosure of Particinant Data in ~ Do not send PLR data to Meritain (health plan) at this time. Identifiable Format (i.e., disclosure ~ CCG identified data should go to CHP-Community Health of data other than the aggregate de- Partners weekly, identified statistical report provided to ~ CCG identified data should go to Well Source weekly, Customer): ~ CCG request that all printed BFW-PLR printed reports be shipped directly to CHP so the CHP Health Advocates can Define Customer requested Result review lab and HRA results with each participant during their Reporting to participant or other 3'd one-on-one counseling sessions, CHP Health Advocate will also parties, give the participant their printed PLR report, (e,g., third party disease ~ All mailed PLRs should go (bulk is OK) to: management or wellness provider) Attn: Kathy Jardone . Disclosure of identifiable participant Community Health Partners data requires a written directive from 851 5th Ave. North, Suite 201 the Customer containing specific Naples, FL 34102 elements, and must be received prior ~ CCG prefers NO participant results be available on-line at any to any release of PHI to anyone other time.. than the participant. BFW LOA rev. 1]107 2 De-Identified - Aggregate Reporting: Define requirements for De-Identified ~ aggregate reporting breakout and parties to receive the reporting, Eligibility File of Participants: Define contact that will provide the eligibility file and target date for delivery An eligibility file is required where BFW scheduling and/or an HRA component is provided, Note: Will participation be allowed if employee and/or spouse is not included in the eligibility file? Program estimated start date(s) Program estimated end date(s) BFW LOA rev. 11/07 16E19 ~ Exact Reporting TBD - includes program aggregate report and weekly participation reports, CCG would like the standard Aggregate Report following the events (predicted to last through March 31, 2009, and about 1 month to allow some ees to visit a Quest Diagnostics PSC, After that time, additional BFW regislralions should be new employees, ~ They would like to get weekly Participant participation reports showing those employees that have had BFW collected. CCG will sort by Depl. or Cost Center to determine where they need more communication to encourage participation, ~ In subsequent years they want cohort reports that demonstrate chanaes over Drior vear, stratified by Depl. or Cost Ctr, Eligibility File to be Provided By: Alice Toppe 239-252-8966 and James(Jim) Young of Collier County Government ~ Only names in the eligibility file are allowed to participate in PLR. CCG will send updated eligibility file (monthly) for the 39 months of the program. ~ First eligibility file is due about Nov. 1, 2008, Beginning in 2011 spouses will be included, Target Date: 1 week is Nov, 15th, 2008 ~ Events Jan 1 - Mar 31, 2009, then as needed for new ees throughout the year until Dec.31, 2009 ~ Events in 2010 will be limited to an age-based group, followed by new employees. ~ Events in 2011 will be limited to an age-based group and spouses, and will be followed by new employees. ~ Events in 2012 will include employees, spouses and may be age based, ~ Client reserves the right 10 adjust dates and scope of services by year with ample advance notice to BFW, Program will end annually on Dec, 31s', and the complete oroaram will end on March 31,2012 3 16f 19' BFW Pro ram Module sand Pricin Other comments or requirements: Copies of electric invoices (as a convenience only) to: ~ Keith Wilson: keith.wilson@meritain,com ~ Victoria Krenik: victoria.krenik meritain,com erm of the Letter of Agreement: (mm-dd-yy - mm-dd-yy) nnually - through March 31, 2012 (39 months) [ ] One Year [] One-time Event (check one box) X 39 Months - Jan 1, 2009 - March 31, 2012, e,g" is the LOA effective for 1 Year or 'ust for a one-time Event? Customer Billin Account # s : Invoices should be sent to CCG (email preferred but not required) for Billing Arrangements: payment: If other than bill to "Customer" please ~ Alice Toppe: 239-252-8966 or alicetoppe@collierQov,net detail and provide billing contact ~ Claire Wilson: 239-252-6120 or elairewilson@collierQov,net Alice Toppe OR Claire Wilson Collier County Government 3301 Tarniami Trail, Bldg D Naples, FL 34112 Monthl :39 months nn R. Brinkman PROGRAMS OR COMPONENTS ro ram details and s ecial re uirements should be noted ~ Participant Registration and Scheduling, online and by phone ~ Physician Oversight provided throughout program ~ BFW Specialist assigned as key contact throughout program ~ On-Site Collection Events' ~ Remote Collection Kits provided to employees unable to attend events ~ Bio-Metric Measures (Height, Weight, B/P, BMI, Waist & Hip circumference) ~ Personal Laboratory Report for every participant ~ Health Management Data Feed provided to vendors you select. ~ Heart: Total chol, HDL, calc LDL, triglycerides, calc chol/HDL ratio (NO CRP) ~ Thyroid: TSH-Thyroid Stimulaling Hormone, and Free T4 ~ Kidneys: BUN, creatinine, BUN/creatinine ratio ~ Bone: Calcium ~ Liver: Alb, total protein, globulin, A1G ratio, Alk Phos, AL T, AST, total & direcl bilirubin, and GGT ~ Pancreas: Glucose ~ Whole Body: Chloride, K, Na++, iron, TIBC, ironlTlBC %saturation, and ferritin $ All lab tests Included ~ Pancreas: Hemoglobin A1c ~ Blood: CBC Hemogram ~ Lun s: Cotinine blood sam Height, Weight, BMI, B/P aist circumference, Hip circumference, WaisUHip Ratio $ I neluded $ Included BFW LOA rev. 11/07 4 .., "" ..l0(.19 TOTAL Price/Participant $ 125.00 Note: This pricing will be in effect for 2009 and 2010, The 3rd and 4th year (Jan. 2011 & Jan-Mar 2012 may be subject to a price increase up to but not exceed in 4%. SPECIAL PROGRAMS OR EVENT ARRANGEMENTS (program details and special requirements should be noted) In lhe event Collier County Government requests additional services not set forth $ bove, the parties shall mutuall a ree u on services and pricin ' PRICE PER PROGRAM OR EVENT BLUEPRINT FOR WELLNESS CUSTOM PROGRAMS FULLY DETAIL Send invoices to: Alice Toppe and Claire Wilson at CCG ~ Alice Toppe: 239-252-8966 or alicetoppe@collierqov,net ~ Claire Wilson: 239-252-6120 or clairewilson@collierqov,net ~ Addresses listed above PRICE PER PROGRAM OR EVENT $ Included $ $ SFW LOA rev. 11107 5 16 E 19" Terms of Service: 1. BFW SERVICES: In accordance with the program-specific details listed above, Quest Diagnostics agrees to provide the Blueprint For Wellness ™ ("BFW") Services as further set forth herein, The BFW Services provided by Quest Diagnostics are as follows: a, Registration and Scheduling of participants (if selected by Customer): offered via online access or by calling a toll-free wellness scheduling number, b, Provision of all supplies and test kits necessary to provide BFW Services, c, Collection Services to obtain/collect all specimens from participants at an "Event", Additional charges will apply when: (i) Paramedical examiner is required to collect specimens between the hours of 9:00 PM and 6:00 AM Monday-Saturday and between the hours of 6:00 PM Saturday and 6:00 AM Monday (additional charge of $30 per hour, per examiner applies), (ii) Staffing of the Event is requested less than three (3) weeks prior to the Event (additional $7 per- participant charge). (iii) Staffing is requested in advance for Events with fewer than 20 participants (a "Small Group Event"): . Home or office visit to collect specimens from one participant: $95** per visit . Small Group Events with 10 or fewer participants (based upon a 1-2 hour event, with one examiner): $140** . Small Group Events with 11-19 participants (based upon a 1-2 hour event, with one or two examiners as determined by Quest Diagnostics)): $240** . **the surcharges specified above are added in addition to BFW per-participant charges for BFW Services. If additional staffing is requested for a Small Group Event, an additional $60 per hour/per examiner charge will be assessed, . Depending on the number of Actual Participants who participate in the Small Group Event, Customer will be assessed either the Small Group surcharges listed above, or the per- participant charges for at least 20 Participants, whichever amount is lower, (iv) Paramedical examiner is required to travel more than fifty (50) miles each way to/from the Event from . the ExamOne office where the paramedical examiner is based (additional $.47/mile over 50 miles to/from Event), If an overnight stay is required, Customer will be billed actuallodging/food expenses, d, Based upon the specific Program components selected by Customer, includes collection of biometric data, shipment of specimens to the testing laboratory, and testing of laboratory specimens, e. Release of test results to an Authorized Provider and if authorized, directly to participants, Customer will also receive a report detailing aggregate de-identified statistics, Additional or reprinted reports may be provided for an additional charge, 1. THIRD PARTY WELLNESS/DISEASE MANAGEMENT PROVIDER COMMUNITY HEALTH PARTNERS (CHP) 2, WELL SOURCE - Wellness Provider Customer has directed Quest Diagnostics to release participant test results or other identifiable health information to third party disease management or wellness providers, Customer represents and warrants that (i) it has provided the appropriate notice to participants in its HIPAA Notice of Privacy Practices to allow such a disclosure, (ii) the provision of identifiable participant data is consistent with the Notice (iii) access to identifiable participant data will be limited to only those employees who require access to the data for the proper performance of their duties on behalf of Customer's third party disease management or wellness provider receiving the data on its behalf is acting in its capacity as a "Business Associate" of Customer. 2, PAYMENT TERMS: Customer agrees to pay Quest Diagnostics for services as set forth herein within thirty (30) days of date of invoice, and Customer agrees not to submit (or request Quest Diagnostics to submit) any claim, bill or other request for reimbursement to any insurer, Managed Care Organization, Government health program, fund, or to any other person or entity, Quest Diagnostics reserves the right to add a charge of the lesser of one and one-half percent (1 y,%) per month, or the maximum rate the law permits, on all amounts thirty (30) or more days past due, BFW LOA rev. 11107 6 16 E 19'~ 3. MEDICAL AUTHORITY: Customer acknowledges and agrees that only a person who Is authorized under applicable state/federal law to order those clinical laboratory tests included in the Blueprint For Wellness TM product ("Testing") shall order all Testing (such person shall be referred to as an "Authorized Provider"), a, In the event Customer provides such Authorized Provider themselves, Customer represents and warrants that the Authorized Provider meets all state/federal laws applicable to the ordering of Testing, Alternately, in the event Customer elects to have Quest Diagnostics arrange for an Authorized Provider, Quest Diagnostics shall represent and warrant that this Authorized Provider meets all state/federal laws applicable to the ordering of Testing, b, Quest Diagnostics shall report laboratory results only to such Authorized Provider, unless such Authorized Provider gives permission for Quest Diagnostics to release the lab results to such employee participants as desired, If Customer is providing such Authorized Provider, the requirement to allow release of results directly to the participant must be included in Customer's contract with such Authorized Provider, c, The Authorized Provider is responsible for contacting participants in the event of alert, critical, and significantly out-of-normal range laboratory results, d, While the Authorized Provider may set his/her own alert values, critical ranges are not modifiable, e, The Authorized Provider may be required to forward test results to the participant's personal physician, 4, NO-SHOW, MINIMUM, AND CANCELLATION CHARGES: At least three (3) weeks prior to an Event, Customer and Quest Diagnostics will finalize a Staffing Commitment ("Staffing Commitment") which allows Quest Diagnostics to schedule staffing for the Event based upon the number of expected participants and length of the Event. At the point the Staffing Commitment is finalized, Customer will be responsible for paying no-show, minimum, and cancellation charges, a, No-Show Charges: No-Show Charges will not apply if at least 90% of the Expected Participants participate in the Event ("Actual Participation Rate"), The term "Expected Participants" means the number of participants that were expected to participate at the time the Staffing Commitment is finalized (including scheduled participants and expected walk-in participants), For all Events where the Actual Participation Rate is less than 90%, Customer will be charged a No-Show Charge of $20 per participant until the Actual Participation Rate is equivalent to 90%, For example: If an Event is held for 100 Expected Participants and there are 80 Actual Participants, Customer will be charged a No-Show Charge of $20 for 10 Participants, [100 Expected Participants x 90% No-Show Thresholdl = 90 , and [90 minimum required participants - 80 Actual Participants] x $20 = $200 No-Show Penalty, b. Minimum Event Participation and Hourly Participant Flow: Unless a Small Group Event is arranged in advance, Quest Diagnostics will only schedule and staff Events with a minimum of 20 Expected Participants and where at least 10 participants per hour can be processed by a specimen collector. For purposes of this section, "Event" means one wellness screening/health fair held at a single location, For an Event that is expected to have less than 20 Expected Participants, Customer may make arrangements in advance for Quest Diagnostics to staff for a Small Group Event. Small Group Event charges are further described in Section 1 and are assessed to Customer to equip, staff and manage the Small Group Event. c. Cancellation Charges: If an Event is cancelled after the Staffing Commitment has been finalized, Customer shall be responsible for paying $20,00 for each Expected Participant. Postponement of an Event is equivalent to a Cancellation, 5, LEGISLATIVE/REGULATORY CHANGE: In the event federal or state legislative and/or regulatory changes impact Quest Diagnostics' clinical reference laboratory business, Quest Diagnostics will retain the right, upon prior written notice to Customer, to immediately amend this agreement to fully comply with any legislative or regulatory changes, All other modifications or amendments to this agreement will not be binding unless reduced to writing and signed by the parties hereto, 6 TERMINATION: This agreement will take effect on the date it is fully executed by both parties, and shall terminate upon completion of both parties' obligations hereunder, 7. INDEMNIFICATION: Not to exceed the maximum extent permitted by Florida law, Quest Diagnostics shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, BFW LOA rev. 11107 7 16E19 damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Quest Diagnostics or anyone employed or utilized by the Quest Diagnostics in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph, The provisions of this paragraph shall survive termination of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County, 8, INSURANCE: Quest Diagnostics shall agree to maintain the following insurance coverage during the course of this agreement. Quest Diagnostics may utilize a program of self insurance for all or any portion of the minimum limits required to be carried, x TYPE Workers' Compensation LIMITS (Check) Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Reauirements X $500,000 $500,000 per occurrence bodily injury and property damage $1,000,000 X $1,000,000 per occurrence bodily injury and property damage Employer's Liabilitv Commercial General Liability (Occurrence Form) patterned after the current ISO form with no limiting endorsements, X Professional Liability X $1,000,000 per occurrence $2,000,000 per occurrence Insurance $1,000,000 aaareaate $2,000,000 aaareoate Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: X X Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate, No other format will be acceotable, Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months, The contract name and number shall be included on the certificate of insurance, Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liabilitv, 9, ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior understandings, arrangements and agreements relating to the subject matter hereof, 10, INDEPENDENT CONTRACTORS: It is expressly understood and agreed by the parties hereto that Quest Diagnostics and Customer will at all times be and act as independent contractors, 11. TRADEMARKS: Neither party shali use the trademark, trade name, or service mark of the other party for any purpose without the prior written consent of the other party, however, Customer authorizes the use of its name and/or logo as a participant in the Blueprint for Wellness program. BFW LOA rev, 11107 8 16 t 19 IN WITNESS WHEREOF, Quest Diagnostics Incorporated and Collier County have each, respectively, by an authorized person or.;aQent, hereunder set their hands and seals on the date and year first written above, ATTES~: <f{.?'\!:~,~~8 ~ .', Dwight E.~l<",gt!l!k Of.~~_~ , Pc By: D~'...__9.le.~,...-_.~.:. - ,. ,,^ 0- Dated: ' '- ", " Cl Attest'''$ ].. t~~oid" , 11g111tur't on '" MISSIONERS By: Tom QUEST DIAGNOSTICSINCORPORA TED By: Witness Signature Typed/Printed Name Here with Title Witness Signature ncy: BFW LOA rev, 11107 9 16E 21 '~ 1',\ ~i.;~1 MEMORANDUM Date: October 28, 2008 To: Jeff Walker, Director Risk Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Stars Contract Enclosed please find one (1) original of the document referenced above (Agenda Item #16E21), approved by the Board on Tuesday, October 28,2008. If you have any questions, please feel free to call me at 252-7240. Thank you Enclosure CS STARS 16E21 CONFIDENTIAL SOFTWARE LICENSE AND SERVICES AGREEMENT This SOFTWARE LICENSE AND SERVICES AGREEMENT (this "Agreement") is entered into as of November 24,2008 (the "Effective Date'") by and between CS STARS LLC, a Delaware limited liability company with offices at 500 West Momoe Street, Chicago, Illinois 60661 ("Licensor'"), and Collier County Board of County Commissioners at 3301 E Tamiami Trail, Building D, Naples, Florida 34112 ("Client'"), In consideration of the mutual agreements contained herein and intending to be legally bound hereby, Licensor and Client hereby agree to all of the following terms and conditions, 1. Definitions. (a) "Affiliate" shall mean, with respect to a party, its parent company and subsidiaries and/or controlled corporations or entities which are directly or indirectly controlled (through ownership of more than fifty percent (50%) of the voting stock or rights, by control of a majority of the directors of the corporation, by contract or arrangement, or otherwise) by a party, (b) "Client Data" shall mean the data provided or inputted by or on behalf of Client, including personally identifiable information, for use with the Licensed Software, excluding any Confidential Information of Licensor. (c) "Confidential Information" shall mean, subject to Chapter 119, Florida Statutes, also known as the Public Records Law, collectively, this Agreement, as well as all confidential and proprietary information of a party, including, without limitation, regarding a party's business plans and strategies; products and technology; software, source code and object code; clients or prospective clients; data models; inventions, developments, formulae and processes; know-how, show-how, discoveries, improvements, works of authorship, concepts, mask works, and ideas, or expressions thereof, whether or not subject to patents, copyright, trademark, trade secret protection or other intellectual property right protection (in the United States or elsewhere); and whether or not stored, compiled or memorialized physically, electronically, graphically, photographically or in writing, Client Data shall be considered Confidential Information of the Client. (d) "Custom Software" shall mean specifically modified versions or modules of the Software created by Licensor pursuant to a signed Statement of Work, Services Addendwn or other written agreement between the parties, (e) "Documentation" shall mean, in printed or electronic form, each of the manuals, user guides, technical specification docwnents and other instructional and reference materials generally distributed by Licensor regarding the Software or distributed by Licensor to Client regarding the Custom Software, all as updated and redistributed by Licensor from time to time, (f) "Fees" shall mean the applicable license, implementation, conversion, customization, consulting, maintenance, support and services fees payable pursuant to this Agreement, including as set forth in the Compensation Summary and the Billing Schedule in any Statement of Work, (g) "Licensed Software" shall mean the Software, Upgrades and Custom Software, (b) "Licensed Technology" shall mean the Licensed Software and Documentation, (i) "Proprietary Rights" shall mean all copyright, patent, trademark, trade secret and other intellectual property and proprietary rights, (j) "Restricted Entity" shall mean any individual, partnership, limited liability company, corporation, joint venture, trust, association or other entity owned or controlled by, or acting as an agent for, any person or entity with whom a U,S, citizen, national, or company organized under the laws of or operating in any state or territory of the U,S, is prohibited from engaging in any transactions by U.S, laws, including without limitation, a person on the Specially Designated Nationals List published by the United States Department of the Treasury's Office of Foreign Assets Control ("OFAC'"), or any other person or entity with whom or which transactions are prohibited by OF AC regulations, (k) "Seat" shall mean an individual (including an employee or agent of a Service Provider) using or accessing the Licensed Software, FORM CS STARS SOFTWARE LICENSE AND SERVICES AGREEMENT NON-TRANSACTIONAL TEMPLATE Version: February 7, 2008 (I) "Service Provider" shall mean a third- party service provider of Client's or of its Affiliate(s) that provides services on behalf of and for Client or its Affiliate(s) (and not as a service bureau), (m) "Services" shall mean the implementation, support, maintenance, programming and other services specified in any Statement(s) of Work, work orders or services addenda, or otherwise provided by Licensor pursuant to this Agreement. (n) "Software" shall mean the object code version of the software products set forth in the deliverables section of any applicable Statement of Work hereto and made available to Client under this Agreement by Licensor. (0) "Statement of Work" shall mean any statement of work entered into and mutually approved by the parties pursuant to this Agreement from time to time and attached hereto in Exhibit A. (p) "Upgrades" shall mean all updates, new versions, modifications and subsequent releases of the Software, Upgrades shall not include new or different applications, platforms or editions which are not extensions to or replacements for the Licensed Software. but which may use some or all of the code from the Licensed Software. 2. License Grant and Restrictions. (a) License. Subject to all the terms and conditions of this Agreement, Licensor hereby grants to Client, for the term of this Agreement, a non- exclusive, non-transferable, non-assignable. non- sublicensable, limited license for Client and its Affiliates (subject to Sections 2(d) and (e)) to access, display and use the Licensed Technology solely for the internal business purposes of Client and its Affiliates and to manage information relating only to Client and its Affiliates, but not any third parties, and not for any other purpose or in any other manner. (b) License Restrictions. Nothing in this Agreement shall be construed as a grant to CI ient of any right to, and Client shall not, and shall not permit any third party to: (i) reproduce any of the Licensed Technology or any portion thereof, (provided, that Client shall be permitted to make a reasonable number of copies of the Documentation and any locally-hosted Licensed Software for its internal training, testing and backup purposes); (ii) distribute, disclose or allow use of any of the Licensed Technology, or any portion thereof. in any format, through any timesharing 16E'21 h CONFIDENTIAL service, service bureau, network or by any other means, to or by any third party; (iii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Licensed Technology in any manner; (iv) create derivative works from, modify or alter any of the Licensed Technology in any manner whatsoever; (v) use the Licensed Software or any component thereof (excluding Client Data) to construct a database of any kind or to improve the quality of any data sold or contributed by Client to any third party; (vi) store the Licensed Software (excluding Client Data), in its entirety or in any part in databases for access by Client or any third party: (vii) distribute any database systems containing data (excluding Client Data) obtained from the Licensed Software; (viii) create Internet "links" to or from the Licensed Software or "frame" or "mirror" any of Licensor's content which forms part of the Licensed Software; (ix) use or access the Licensed Technology in a manner, or act otherwise in any manner, that could damage, disable, overburden, or impair any Licensor servers or the networks connected to any Licensor server; (x) interfere with any third party's use and enjoyment of the Licensed Technology; or (xi) attempt to gain unauthorized access to the Licensed Technology, accounts, computer systems, or networks connected to any Licensor server through hacking, password mining, or any other means, (c) Seats. The number of permitted Seats shall be as set forth in the Statement of Work. Client acknow ledges and agrees that each Seat shall access and use the Licensed Technology through a unique and reasonably secure username/user identification and password. Except Client's and its Affiliates' system administrators where reasonably necessary for administrative or security purposes, no Seat may use the username/user identification or password of any other Seat. (d) Third Party Access. Subject to Section 2(e), Client shall also have the right for Client and Affiliates to permit its Service Providers to access, display and use the Licensed Technology solely for the benefit of Client and its Affiliates, and in accordance with the terms and conditions of this Agreement, provided that: (i) except as otherwise expressly agreed by Licensor in writing, no such Service Provider is engaged in, or is an affiliate or 2 subsidiary of any person or entity engaged in, the claims, compliance or risk management software business; (ii) Client shall provide thirty (30) days' advance written notice of such Service Provider to Licensor and Licensor does not object to such Service Provider within fifteen (15) days of Licensor's receipt of such notice from Client; and (iii) no Service Provider shall have any right to access, display or use the Licensed Technology unless the Service Provider has agreed in writing in advance: (I) to be bound by at least the same restrictions with respect to the Licensed Technology as the Client, and (2) to use, access and display the Licensed Technology solely for the benefit of the Client or Client's Affiliates and as necessary to perform the Service Provider's authorized duties for or on behalf of Client or its Affiliates, (e) Affiliates, Service Providers; Generally. Client acknowledges and agrees that: (i) those of Client's Affiliates who will be using, accessing or displaying the Licensed Technology shall be set forth on Schedule 2(e)(i), as amended from time to time, of this Agreement. Client shall provide an updated list of such Affiliates to Licensor semi- annually if there are any changes or additions to such list of Client's Affiliates; (ii) any rights granted hereunder with respect to the Licensed Technology to any of Client's Affiliates and Service Providers shall expire or terminate immediately upon the expiration or termination of the Agreement in accordance with its terms; (iii) all access and use of the Licensed Technology by Client's Affiliates and Service Providers shall be subject to all of the terms and conditions of this Agreement; and Client shall be fully responsible for (I) ensuring the compliance of all such Client's Affiliates and Service Providers with the terms and conditions of this Agreement; and (2) all violations of the terms or conditions of this Agreement by Client's Affiliates and Service Providers, 16 E -21 t'.",.: ~':clli CONFWlCNTlAL (f) Proprietary Rights. As between Client and Licensor, Client acknowledges that Licensor is the exclusive owner of all right, title and interest in and to all Licensed Technology and all Proprietary Rights related thereto, regardless of any participation or collaboration by Client in the design, development or implementation of any such Licensed Technology, No title or ownership of Proprietary Rights in and to the Licensed Technology, or any component thereof, is transferred to Client, its Affiliates or any third parties hereunder. To the extent that any such Proprietary Rights do not otherwise vest in Licensor or its licensors, Client hereby agrees to promptly assign such Proprietary Rights to Licensor or its licensors, and to do all other acts reasonably necessary to perfect Licensor's or its licensors' ownership thereof, without additional consideration of any kind. (g) Notices of Infringement; Assistance. In the event Client discovers or is notified of an actual or suspected infringement or misappropriation of the rights of Licensor or its licensors in or to the Licensed Technology, or any component thereof, or any unauthorized disclosure of, access to, or use of the Licensed Technology (each, an "Infringement"), Client shall: (i) immediately notify Licensor of such known or suspected Infringement: and (ii) terminate such Infringement if and to the extent within Client's or its Affiliates' control. (h) Proprietary Notices. Client shall not remove any copyright, patent, trademark or other proprietary or restrictive notice or legend contained in any of the Licensed Technology, and Client shall reproduce all such notices and legends on all copies of the Licensed Technology that are permitted to be made hereunder. Client further agrees to reasonably cooperate with and assist Licensor (at Licensor's sole expense) in protecting, enforcing and defending Licensor's rights in and to the Licensed Technology, (i) Client Obligations. In furtherance of the foregoing, Client shall: (i) provide Licensor with reasonable access to Client's premises as appropriate to enable Licensor to perform its obligations hereunder; (ii) provide adequate resources to participate in or facilitate the performance of the Services; (iii) timely participate in meetings relating to the Services; (iv) assign personnel with relevant training and experience to work in consultation with Licensor, if applicable; (v) provide the equipment and software (including obtaining any third party software licenses) required to operate the Licensed Software in 3 accordance with, and to otherwise comply with, the hardware/software specifications for the Licensed Software; (vi) safeguard the user ill's, passwords and other security data, methods and devices furnished to Client in connection with the Licensed Software and prevent unauthorized access to or use of the Licensed Software; (vii) be responsible for all maintenance of Client networks, equipment and system security required or appropriate in connection with the Licensed Software; (viii) have sole responsibility for the accuracy, quality, integrity, legality. reliability and appropriateness of all Client Data; (ix) transmit Client Data in an encrypted format, to be mutually agreed by the parties, if Client Data is transmitted by electronic transfer or sent in physical media by or on behalf of Client; and (x) take such other actions as are required of Client pursuant to this Agreement, including without limitation, any Statement of Work, 0) Client Warranty - Client Data. The parties acknowledge and agree that during the term of this Agreement Client, its Affiliates, the Service Providers or other third parties may disclose certain Client Data, including personally identifiable data regarding employees or other individuals, to Licensor for the benefit of Client or its Affiliates, Client represents and warrants to Licensor that: (i) Client its Affiliates, the Service Providers, and such other third parties are authorized to disclose the Client Data to Licensor for use pursuant to this Agreement; (ii) such disclosure does not and shall not violate applicable law or, if applicable, Client's or its Affiliates' agreements with or privacy notices to individuals with respect to whom the Client Data relates; and (iii) Client shall not request Licensor to use. disclose or otherwise process Client Data in any manner that would not be permissible under applicable law or, if applicable, Client's or its Affiliates' agreements with or privacy notices to individuals with respect to whom the Client Data relates, if done by Client. (k) Non-Licensor Events. Client acknowledges and agrees that Licensor shall not be responsible or liable for any delay or failure in its performance of any duties or obligations pursuant to this Agreement, including, without limitation, under any Statement of Work or schedule hereunder, if such delays or failures result or arise from any Non- Licensor Events, "Non-Licensor Events" shall mean. collectively: any (i) act or omission of Client, its Affiliates or the Service Providers, including without limitation, any delays by Client in its performance or 16E21 CONFIDENTIAL cooperation with respect to the obligations set forth in Section 2(i) or any Statement of Work; (ii) failures of Client's or third party equipment or software (other than the Licensed Software); or (iii) Force Majeure Event (as defined below). 3. Services. During the term of this Agreement, Licensor shall perform the Services in accordance with this Agreement, including without limitation, the Statement(s) of Work. 4. Fees and Pavments. (a) Fees. Client shall pay to Licensor the Fees in accordance with the Compensation Summary included in any Statement of Work or as otherwise agreed in writing by the parties. Fees for additional services or expenses, if any, will be invoiced monthly as incurred, after execution by the parties of a written change order to the applicable Statement of Work, (b) Expenses. Client shall reimburse Licensor for all reasonable. documented out of pocket travel, lodging, meal and other expenses reasonably incurred by Licensor in the course of performing the Services. Travel expenses shall be reimbursed as per Section 112,061 Fla, Stats. Reimbursements shall be at the following rates: Mileage: Breakfast: Lunch: Dinner: Airfare: Rental car: $ .445 per mile $6,00 $11.00 $19,00 Actual ticket cost Actual rental cost of midsize or smaller car Actual cost of reasonable lodging at single occupancy rate Actual cost of parking Lodging: Parking: Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges. photocopying charges and postage. Reimbursables will be paid only after Licensor has provided all receipts, Licensor shall be responsible for all other costs and expenses associated 4 with acti vities and solicitations undertaken pursuant to this Agreement. (c) Taxes. Client shall be liable for any taxes (including but not limited to federal manufacturers' and retailers' excise, state and local sales and use taxes, and personal property taxes), public charges, tariffs, and export and import duties, however designated, and any interest and penalties thereon, arising under this Agreement, other than taxes based on Licensor's income, Any taxes assessable on Client's copy of the Licensed Software on or after its delivery to Client shall also be borne by Client. All such taxes from which Client is not legally exempt shall be included in amounts invoiced to Client. Client warrants that Client is sales tax exempt pursuant to Chapter 212, Florida Statutes, Client will provide Licensor with a copy of Client's current certificate of tax exempt status during the term of this Agreement. (d) Payments. All Fees under this Agreement shall be payable by Client pursuant to and in accordance with the Billing Schedule set forth in the Compensation Summary described in any Statement of Work or as otherwise agreed by the parties, and shall be due in accordance with Section 218,70, Florida Statutes, also known as the "Local Government Prompt Payment Act", Payments remitted after forty-five (45) days shall bear interest in accordance with Section 218,70, Florida Statutes, also known as the "Local Government Prompt Payment Act", Except as provided in Sections 6(b) and 8(a), all Fees paid hereunder are non-refundable, If Client does not pay an invoice by the later of seventy-five (75) days after its due date or fifteen (15) days after notice that Licensor intends to terminate this Agreement for nonpayment, then this Agreement and all of Client's rights hereunder will terminate without further notice. 5. Confidentialitv. (a) Confidential Information. Each party acknow ledges and agrees that during the term of this Agreement it may be furnished with or otherwise have access to Confidential Information of the other party, The party that has received Confidential Information (the Receiving Party). in fulfilling its obligations under this Section 5, shall exercise the same degree of care and protection with respect to the Confidential Information of the party that has disclosed Confidential Information to the Receiving Party (the 16 E 21, CONF_NTIAL Disclosing Party) that it exercises with respect to its own Confidential Information, but in no event shall the Receiving Party exercise less than a reasonable standard of care, The Receiving Party shall only use, access and dIsclose Confidential Information as necessary to fulfill its obligations under this Agreement, including any Statement of Work, or in exercise of its rights expressly granted hereunder. Receiving Party shall not directly or indirectly dIsclose. sell, copy, distribute, republish, create derivative works from, demonstrate or allow any third party to have access to any of Disclosing Party's Confidential Information; provided, however, that: (i)(I) Receiving Party may disclose the Disclosing Party's Confidential Information to its Affiliates who have a need to know, and (2) Licensor shall have a right to disclose Client's Confidential Information to Client's Affiliates and Service Providers, and Licensor's employees and other agents; and (ii) all use of the Disclosing Party's Confidential Information shall be subject to all the restrictions set forth in this Agreement. This Section 5(a) is subject to Chapter 119, also known as the Public Records Law, (b) Exclusions. The following infonnation shall not be considered Confidential Information subject to this Section 5: (i) information that is publicly available or later becomes available other than through a breach of this Agreement; (ii) information that is known to the Receiving Party or its employees, agents or representatives prior to such disclosure or is independently developed by the Receiving Party or its employees, agents or representatives subsequent to such disclosure; or (iii) information that is subsequently lawfully obtained by the Receiving Party or its employees, agents or representatives from a third party without obligations of confidentiality, If the Receiving Party is required by law to disclose any portion of the Disclosing Party's Confidential Information. including, without limitation, pursuant to the terms of a subpoena. court order or otherwise by applicable law, Receiving Party shall give prior timely notice of such disclosure to Disclosing Party to permit Disclosing Party to seek a protective or similar order, and, absent the entry of such an order, Receiving Party shall disclose only such Confidential Information as is necessary to be disclosed in response to such subpoena, court order or other similar document. This Section 5(b) is subject to Chapter 119, also known as the Public Records Law. 5 (c) Survival. The obligations set forth in this Section 5 shall expire two (2) years after termination or expiration of this Agreement; provided, however, that the confidentiality obligations for Confidential Information constituting trade secrets (as determined under applicable law) shall survive the termination or expiration of this Agreement for as long as such Confidential Information remains a trade secret. This Section 5(c) is subject to Chapter 119, also known as the Public Records Law. 6. Term and Termination; Mil!ration. (a) Term. This Agreement shall commence upon the Effective Date and remain in effect for an initial term of three (3) years (the "Initial Term"), unless terminated sooner in accordance with this Section 6, This Agreement may be renewed for one (I) additional two (2) year period (a "Renewal Term"). upon mutual agreement by the parties in writing; provided, however, that Client: (i) is not in breach of this Agreement and is current on all amounts due Licensor under this Agreement; (ii) gives Licensor written notice of Client's intention to renew at least ninety (90) days prior to the expiration of the Initial Term; and (iii) acknowledges and agrees that: (I) such Renewal Term will be at Licensor's then- current rates and Client will also be responsible for all Fees and expenses associated with any additional Services agreed upon between the parties at Licensor's then- current rates; (2) the Licensed Software available to Client and supported by Licensor during the Renewal Term may be a different version or release than as available and supported during the Initial Term, (b) Termination. This Agreement may be terminated by: (i) Licensor pursuant to Section 4(d) or Section 8(a); or (ii) either party if the other party breaches any material term and fails to cure such breach within thirty (30) days after receipt of written notice thereof. If Client terminates the Agreement for Licensor's breach in accordance with this Section 6(b), Licensor shall refund to Client, within forty-five (45) days of the effective date of such termination. any prepaid but unearned Fees paid to Licensor in advance by Client. 16 t21- 1~1 CONFIDENTIAL (c) Events Upon Expiration, Termination. Upon the expiration or termination of this Agreement for any reason, Client shall: (i) promptly cease all use of the Licensed Technology; (ii) promptly discontinue providing access to and remove all links to the Licensed Technology; (iii) within ten (10) business days after expiration or earlier termination of this Agreement, return to Licensor, or upon Licensor's request, destroy, all copies of the Licensed Technology in Client's. its Affiliates and the Service Providers' possession or control; and (iv) certify within fifteen (15) business days to Licensor in writing that it has done all of the foregoing after expiration or earlier termination of this Agreement. Upon any expiration or termination of this Agreement, Licensor shall invoice Client for all accrued Fees, including, without limitation, the amount of any implementation and migration fees earned by the Licensor as specified in the Statement of Work, and all reimbursable expenses, and Client shall pay the invoiced amounts, including from previously issued invoices, in accordance with Section 218,70, Florida Statutes, also known as the "Local Government Prompt Payment Act", (d) Migration. During the term of this Agreement, Licensor may design and put into production a new version of the Software, including which operates on another platform, with respect to each type of Software listed in the relevant Statement(s) of Work, "New Software") that is intended to replace the then-current version of the Software. Client acknowledges and agrees that during the term of this Agreement Client shall negotiate in good faith with Licensor with respect to any proposal made by Licensor relating to migration of the Client to the New Software, (e) Survival. Except as otherwise set forth herein, in the event of termination of this Agreement for any reason, the provisions of Sections 2(1).(j), 5, 6(c), 7(e),(l). 8. 9,10. II, 13 and 14. as well as all payment obligations, shall survive, 7. Limited Warranties and Disclaimer. (a) Software Warranty. Licensor warrants that the Licensed Software will perform in all material respects in accordance with the Documentation when used in accordance with the terms of this Agreement on the hardware and with the third-party software specified by Licensor from time to time, Client's sole remedy for any breach by Licensor of the warranty 6 provided in this Section 7(a) shall be replacement of the nonconforming Licensed Software. at Licensor's sole expense, as described herein. If Client discovers that any Licensed Software fails to conform to the warranty provided in this Section 7(a), Client shall give Licensor written notice of such nonconformity within thirty (30) days after delivery of the Licensed Software or component thereof to Client and promptly after such discovery (and, in no event later than five (5) business days after expiration of the Warranty Period (as defined below), Licensor shall deliver to Client replacement Licensed Software, a work-around and/or an error/bug fix as may be necessary to correct the nonconformity, In the event that Client gives Licensor notice of an apparent nonconformity that Licensor reasonably determines is not due to any fault or failure of the Licensed Software to conform to the warranty provided herein, all time spent by Licensor resulting in such determination, including time spent attempting to correct the problem, shall be charged against Client's client service hours, or, if client service hours have been exhausted, charged to Client at Licensor's then current hourly rate for such services, (b) Services. Licensor represents and warrants that the Services shall be performed in a professional and commercially reasonable manner consistent with the standard of care exercised by Licensor in performing similar services for other clients. Client's sole remedy for breach of this warranty shall be re-performance of the nonconforming Services, provided that Licensor must have received written notice of the nonconformity from Client within a reasonable period of time after discovery of the nonconforming Services by Client (but in no event later than one (I) year after the original performance of the Services by Licensor.) (c) Software Virus. Licensor warrants that, to the best of Licensor's knowledge. prior to its delivery to Client, the Licensed Software does not contain any programming devices (e,g" viruses, key locks, back doors, trap doors, etc,) which would: (i) disrupt the use of the Licensed Software or any system, equipment or software to which Client's networks are interfaced or connected; or (ii) destroy or damage data or make data inaccessible or delayed, except for file and purge routines necessary to the routine maintenance of the Licensed Software (collectively, "Disabling Code"), Licensor will use reasonable practices and security procedures necessary to avoid insertion of Disabling Code prior to the delivery of the 16E21 " ~'_""\-i CONFIDENTIAL Licensed Software to Client and, as Client's sole remedy, shall remove any such Disabling Code so inserted, at Licensor's cost and expense, (d) Authority. Each party represents and warrants that it has full power and authority to enter into this Agreement and grant the rights granted herein, (e) Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, LICENSOR MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED TECHNOLOGY OR SERVICES, INCLUDING QUALITY, PERFORMANCE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, NO LICENSOR AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY EXPANSION, MODIFICATION OR ADDITION TO THIS LIMITATION AND EXCLUSION OF WARRANTIES IN THIS AGREEMENT, Licensor shall not be responsible for: (i) any non-conformities of the Licensed Software with Documentation, omissions, delays, inaccuracies or any other failure caused by Client's, its Affiliates' or any Service Providers' computer systems, hardware or software (other than the Licensed Software), including by interfaces with such third party software, or any inaccuracies that such systems may cause within the Licensed Software; (ii) any inaccuracies in or failures of the Licensed Software to conform to the Documentation arising out of the use of a version or release of the Licensed Software other than the most recent version or release provided to Client by Licensor; (iii) any data that Licensor receives from Client or third party sources, including its PPOs, and including the data's accuracy or completeness, or Client's claim handling decisions; or (iv) the Licensed Software to the extent it is modified by anyone other than Licensor. To the extent the Licensed Software utilizes Internet systems to transmit data or communications, Licensor disclaims any liability for interception of any such data or communications, including of encrypted data. Client agrees that Licensor shall have no responsibility or liability for any damages arising in connection with access to or use of the Licensed Technology by Client, its Affiliates or Service Providers other than as authorized by this Agreement. Licensor is also not responsible for the reliability or continued availability 7 of the telephone lines and equipment used to access the Licensed Software. (f) Third-Party Websites. The content of third party Websites, systems, products or advertisements that may be linked to the Licensed Software are not maintained or controlled by Licensor, Licensor is not responsible for the availability, content or accuracy of third party Websites, systems or goods that may be linked to, or advertised on, the Licensed Software. Licensor does not: (i) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Licensed Software; (ii) guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, systems, products or advertisements that may be linked to or referenced in the Licensed Software; or (iii) make any endorsement. express or implied, of any other Web sites, systems, products or advertisements that may be linked to or referenced in the Licensed Software. (g) Warranty Period. The representations and warranties contained in this Section 7 shall be in force, as to each version or release of the Software, for a period of one (1) year after it is first deli vered or otherwise made available to Client by Licensor (the "Warranty Period'"), 8. Indemnification bv Licensor. (a) Indemnification. Licensor agrees to indemnify, defend, settle, or pay any claim or action against Client, its Affiliates, and their officers, directors, members, managers, shareholders, and employees for infringement of any U.S, patent or copyright arising from Client's use in accordance with this Agreement of the Licensed Software, If the Licensed Software or any part of the Licensed Software is held to infringe and the use thereof is enjoined or restrained or. if as a result of a settlement or compromise, such use is materially adversely restricted, Licensor shall, at its own expense and as Client's sole remedy therefore, either: (i) procure for Client the right to continue to use the Licensed Software: or (ii) modify the Licensed Software to make it non-infringing, provided that such modification does not materially adversely affect Client's authorized use of the Licensed Software; or (iii) replace the Licensed Software with a functionally equivalent non-infringing program at no additional charge to Client: or (iv) if none of the foregoing alternatives is reasonably available to Licensor, terminate this Agreement and refund to Client any 16 E21- HII . ~ 1 CONFIDENTIAL prepaid but unearned Fees paid to Licensor in advance by Client prior to the effective date of the termination. (b) Exclusions. Licensor's indemnification obligations under Section 8(a) shall not apply where the claim is based in whole or in part on: (i) modifications to the Licensed Software or any component thereof made by anyone other than Licensor; (ii) use of any Licensed Software in combination with a product not supplied by Licensor; (iii) use of any Licensed Software other than in accordance with this Agreement or the Documentation; or (iv) use of a version of the Licensed Software other than the most recent version or release provided to Client by Licensor. (c) Conduct. Licensor shall have the sole right to conduct the defense of any such infringement claim or action and all negotiations for its settlement or compromise. and to settle or compromise any such claim, Client agrees to cooperate and ensure that its Affiliates cooperate with Licensor in doing so, Client agrees to give Licensor prompt written notice, in no case longer than within seven (7) days of receipt or discovery, of any threat, warning, or notice of any such claim or action, with copies of any and all documents Client, its Affiliates or Service Providers may receive relating thereto, 9. Indemnification bv Client. Subject to Section 768,28, Florida Statutes, pursuant to authority in Article 10, Section 13, Florida Constitution (1968), Client agrees to indemnify, defend and hold harmless Licensor, its Affiliates, and all their officers, directors, members, managers, shareholders, employees and other agents for and against any damage, cost, liability, expense, claim, suit, action or other proceeding, to the extent based on or arising in connection with any breach ofthis Agreement by Client. its Affiliates or the Service Providers, 10. Limitation of Liabilitv. (a) Disclaimer. IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR INDIRECT. SPECIAL. PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT. TORT. INTENDED CONDUCT OR OTHERWISE. INCLUDING WITHOUT 8 LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME, GOODWILL OR REVENUE, COSTS INCURRED AS A RESULT OF DECISIONS MADE IN RELIANCE ON THE LICENSED TECHNOLOGY, LOSS OF USE OF THE LICENSED TECHNOLOGY OR ANY OTHER SOFfW ARE OR OTHER PROPERTY, LOSS OF DATA, THE COSTS OF RECOVERING OR RECONSTRUCTING SUCH DATA OR THE COST OF SUBSTITUTE SOFfW ARE, SERVICES OR DATA. OR FOR CLAIMS BY THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL LICENSOR'S AGGREGATE MAXIMUM LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE PAYMENTS ACTUALLY MADE TO LICENSOR HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH ANY CLAIM IS MADE AGAINST LICENSOR. 11. Puhlicitv. Neither party shall issue a general press release naming the other party regarding the existence of this Agreement, without the prior written consent of the other party, 12. Foreil!n Use. If Client chooses to access the Licensed Software from outside the United States, it is responsible for compliance with foreign and local laws, The Licensed Technology is not available through Licensor or its Affiliates to any Restricted Entity. Client represents and warrants that it is not a Restricted Entity and is not using the Licensed Technology on behalf of or for the benefit of a Restricted Entity, 13. Records. Client shall use reasonable efforts to maintain records regarding its use of the Licensed Technology, including, without limitation, the name and username/user identification and password of each Seat, (collectively, the "Records"), Client shall maintain such Records during the term of this Agreement and for two (2) years thereafter, At Licensor's expense. Licensor (or at Licensor's election, its representatives) shall have the right to examine. inspect and audit Client's offices, information systems and Records, and make extracts of information and 16 E 211 ..; CONFIDENTIAL copy any part of the Records at any reasonable time during normal business hours upon ten (10) business days' notice to Client in order to monitor Client's compliance with this Agreement. If any such audit reveals that Client has more (i) Seats accessing or using the Licensed Technology, or (ii) transactions than CI ient has paid for during the period to which the audit relates (as determined prior to the commencement of the audit), then Client shall promptly pay for such additional Seats or transactions, as applicable (beginning from the date of first access by each additional user or first additional transaction) at the rates set forth in the applicable Statement(s) of Work, and the reasonable cost of such audit shall be borne by Client; provided that Licensor shall make reasonable efforts to ensure that audit hours are not unnecessarily charged to Client. In addition, if any such audit reveals that Client has more five percent (5%) or more Seats accessing or using the Licensed Technology or transactions than for which Client has paid, Licensor shall have the right to charge Client interest in accordance with Section 218.70, Florida Statutes, also known as the "Local Government Prompt Payment Act, on all amounts payable by Client for such additional Seats or transactions, as applicable. 14. General. (a) Neither party shall have the right to assign, transfer, or sublicense any obligations or benefit under this Agreement without the prior written consent of the other party. The foregoing notwithstanding, Licensor may assign this Agreement in its entirety pursuant to a sale of all or substantially all of Licensor's assets, voting interests or stock to a buyer or transferee; provided that such buyer or transferee assumes in writing all of Licensor's responsibilities and obi igations hereunder. Except as otherwise provided herein, this Agreement shall be binding on and inure to the benefit of the respective successors and permitted assigns of the parties. (b) Any notice required or permitted to be delivered pursuant to this Agreement shall be in writing and shall be deemed delivered: (i) upon delivery if delivered in person; (ii) three (3) business days after deposit in the United States mail, registered or certified mail, return receipt requested, postage prepaid; (iii) upon transmission if sent via facsimile, with a confirmation copy sent via overnight mail: or (iv) one (1) business day after deposit with a national 9 overnight courier, in each case addressed to the following addresses: If to Licensor: CS STARS LLC Attn: Executive Vice President Professional Service 500 West Monroe Street Chicago, IL 60661 Facsimile: (312)627-6590 With a copy to: CS STARS LLC Attn: Corporate Counsel 500 West Monroe Street Chicago, IL 60661 Facsimile: (312)627-6590 If to Client: Collier County Government Attn: Jeff Walker 3301 E Tamiami Trail, Building D Naples, FL 34112 Phone: (239) 252-8906 or to such other address as may be specified by either party hereto upon notice given to the other. (c) The failure of either party to enforce any of its respective rights under this Agreement at any time for any period shall not be deemed or construed a waiver by such party of such rights, (d) Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer or agent of the other party and shall not bind nor attempt to bind the other party to any contract or other undertaking, (e) No changes or modifications to or waivers of any provision of this Agreement shall be effective unless evidenced in a written amendment that is signed by authorized representatives of both parties. (f) In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable, 16E2I~ ~ CONFIDENTIAL (g) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to the conflicts of laws provisions thereof. (h) Headings herein are for convenience of reference only and shall in no way affect interpretation of the Agreement. (i) Licensor shall have no liability for any failure or delay in performance of its obligations under this Agreement because of circumstances beyond its reasonable control, including without limitation, acts of God, fires, floods, earthquakes, wars, civil disturbances, terrorism, sabotage, accidents, unusually severe weather, labor disputes, governmental actions, power failures, viruses that are not preventable through generally available retail products, inability to obtain labor, material or equipment, catastrophic hardware failures, usage spikes, attacks on Licensor's server, or any inability to transmit or receive information over the Internet, (each, a "Force Majeure Event") nor shall any such failure or delay give Client the right to terminate this Agreement. (j) Client acknowledges that its breach of this Agreement may cause irreparable injury to Licensor that may not be adequately compensable in money damages. and for which Licensor shall have no adequate remedy at law, In the event of breach of Sections 2 or 5 of this Agreement, Licensor shall be entitled to seek equitable relief to protect its interests, including but not limited to preliminary and permanent injunctive relief. Client hereby waives any requirement of the posting of a bond that may apply for issuance of any injunctions. orders or decrees, (k) This Agreement takes precedence over any conflicting statement or provision in any Statement of Work and any other document furnished by Licensor. This Agreement, including all Exhibits hereto, is the complete statement of the agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior oral and written agreements with respect to the subject matter hereof. (I) This Agreement may be executed in counterparts. each of which will be deemed an original but all of which together shall constitute one and the same Agreement. 10 16 E2 1 li..l ~ "~1" "\. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date, ATTEST:., DW~i~~t E. Brock:Cle~tof Courts ..tk . By: ' . ,! .., -' ~ Dated' .. ,.: 1 ~ '{SEAL)','.. . AtteSt" ttQ ,CM1,.... , signature 0111. BOARD OF COUNTY COMMISSIONERS ::LLI?!:':1TRIDA. . TomHenning~ CS STARS LLC f~/L ~ First Witness By: f2ii~ S1- /~ v ' ~ ignature ~) 4e... ~Njt 0(,A+-TG-(e,,~ls" (tu Cl,,.fit fV!""''':'je..f Typed signat and title JK~ ~~~~~ !Type/print ess ame! Approved as to form and legal sufficiency: 1~ < < Assistant County Attorney \}J f L.f.-( PI M ~ tYlJJi tvrfORy Print Name Item # J G:, E: '2-\ ~~~;da 1!:[ 2~()~ Date Rec'd IO/ol/o~ II ~H~ 1 / E 2 11"'" o J!r.~d: ".~' ,.. )'.".!':" .~ , CS STARS CS STARS Statement of Work #1 for Collier County Board of County Commissioners .................. .................. .................. Brett Greenway, Senior Account Manager CS STARS LLC 3475 Piedmont Rd" Suite 1200 Atlanta, GA, 30305 Phone: 404,995,3016 Fax: 404.995,3017 Email: bgreenway@csstars.com October 9, 2008 Version t This document contains proprietary and confidential business information and is intended solely for employees of Client. No portion may be reproduced or shared with consultants or other third parties without advance written permission from CS STARS LLC. Page 1 of 14 16.E 21'~, '.~,' , '~ CS STARS , &;~ Table of Contents 1. Maintenance Services and Support ............................................................................................. 3 A. Software Product Licenses and Maintenance ...............................3 B. Advanced Features and Universal Solutions, ...............,............ ,.3 C. Custom Software Maintenance........................., ........................., ...4 D. Technical Services",..".."..,.."""........."..".....".."..".. ......,5 E, Scheduled Data Processing Services ................., ...........5 F. Ongoing Training ..".."..,"',......"..,.."......"..,.."...,..,..".."....."..,,.."..".6 G. Ongoing Services and Travel............................................................7 3. Pricing and Invoice Schedule ......................................................................................................8 4. Statement of Work Approval........................................................................................................8 Data Conversion and Scheduled Data Processing Services Appendix ....................................... 9 Financial Appendix............................................................................................................................ 14 Page 2of14 16 E 2:1_ CS STARS Statement of Work #1 for STARS 1M Software This Statement of Work #1 ("Statement of Work") describes services to be performed by CS STARS LLC ("CS STARS") for Collier County Board of Commissioners ("Client"). This Statement of Work is subject to all the terms and conditions of the Software License and Services Agreement entered into by the parties on November 24, 2008 (the "Agreement"), This Statement of Work is effective on November 24, 2008 (the "SOW # 1 Effective Date") and will remain in effect through November 23, 2011 unless terminated sooner in accordance with the Agreement. Any capitalized terms not defined in this Statement of Work shall have the same definitions as set forth in the Agreement. 1. Maintenance Services and Support: Ongoing software maintenance and related support 2. Price and Payment Schedule: Cost breakout for project products and ongoing services 3. Statement of Work Approval 4. Appendices and Additional Approvals: Additional details that apply to information contained in this Statement of Work 1. Maintenance Services and Support The following describes the services included for the ongoing maintenance of this account. CS STARS will license the following software to Client in accordance the terms and conditions of the Agreement: A. Software Product Licenses and Maintenance I CoAt SoftWare DlIllYerables I DescrIptIon ST ARSTM Professional Editio~- ~ 9 named U;er licenses . I' Version8,100fSTARSTM Professional Edition, - .-.- ,- ---.---.----.-------.-----------------.---.- I' Upgrade~-- - i' -Any Upgrades to the STARSTM Software for the Edition licensed I under the Agreement that are generally released during the term of , , this Statement of Work, Any Client Support Hours used to install I' r Upgrades will be applied against Client's ongoing Client Support I Hours. r Migrations (for non- ----- r-i---Mig~ations t';-~;\'V cs STARS ;ofu,,;~~~p;;;~~~s a~e not included-- I Enterprise clients only) , in this Statement of Work and will require an additional SOW (i.e, I . migration from STARSTM Professional Edition to STARSTM I Enterprise), r . Client may contact its CS STARS service representative to obtain a ! pricing indicaton for a migration to a new CS STARS software platform, -~-------------I I I i I I B. Advanced Features and Universal Solutions This section provides details about advanced system features included in this Statement of Work, Page 3of14 16E21 I DelIverable I Maintenance of Advanced I Features and Universal Solutions I Desc:dptfon ~aintenan~e service; related to Advanced Features and I Universal Solutions included in attached Project Scope and I Deliverables section will be applied against the Client Support I Hours, If set Client Support Hours are depleted, additional Client I Support Hours will be charged as incurred, I CS STARS I I I I i I I I --..-1 I Advanced Feat;;-resU;;,:i:--- ! Custom Letters I ! Events and Validations -! Mai~i;~~-~~;- s~~i';;'~~;lated to Adva~~;d F~~lu;~-';'ill be I applied againstlhe Client Support Hours, If set Client Support i Hours are depleted, additional Client Support Hours will be i charged as incurred. Universal Solutions Used: None Maintenance services related to Universal Solutions will be applied against the Client Support Hours, If set Client Support Hours are depleted, additional Client Support Hours will be , charged as incurred, C. . Custom Software Maintenance I Deliverable ! Maintenance of Custom Solutions ! i I-Custom Plug-In 1~---- Deacrlptlpn ,- --.--------. ! Maintenance services related to custom plug-ins included in I attached Project Scope and Deliverables section are included in ! this Statement of Work, I ------1 I ! I HR Interface Page4of14 16E21 I~~ CS STARS D. Technical Services DeIIvllrabIe I DescrIpaQn Client Data will be hosted on CS STARS's servers during the term of this Statement of Work, I What'tlncluded in this Deliverable .,--~_.~_.__.- i t 200 Megabytes for storage for up to 25,000 claim records are included, Total storage shall not exceed 6,200 megabytes, t 6 additional gigabytes of storage for all other data, including, but not limited to transactions, attachments and any supplemental custom tables, t Additional storage can be purchased at a rate of $1000 perone gigabyte of storage, t Backups of Database one time nightly t Standard Audit/Monitoring feature is not enabled in STARS ™ t Client requested Data Recovery Services can be purchased at CS STARS's then-current rate for such services at the time of the request. t Client is responsible for allowing appropriate firewall access to STARSTM ASP environment. ASP Setup Installation, maintenance, tuning, administration or enhancement of Client system environment, networks, servers, or other equipment is not included this Statement of Work, Client is responsible for complying with the minimum technical requirements as provided in the Hardware and Software Documentation. E. Scheduled Data Processing Services Fees charged by data providers for the transmittal of data to CS STARS are not included in this Statement of Work and shall be payable by Client directly to such data providers. Standard Data Processing: The CS STARS standard turnaround time for non-daily and non-weekly scheduled claim and transaction data processing Is three (3) business days from the time that CS STARS Data Operations Center confirms that incoming data is in the expected data layout, balances to control totals, and passes basic quality checks performed by CS STARS, Data processing will take place during CS STARS's normal business hours. Unless specifically stated otherwise, the Scheduled Data Processing Services deliverable relates only to loading data into the Licensed Software, but not any extracts of such data, Page 5of14 Data Source Johns Eastern 16E2f~ 'j CS STARS -I I Components Claims DTransacIions o NotesIQmmenls o DiarieslTasks o Contact$/Vendors o OSHA Data o Policy Data o I.ocation Data o Values Data DOlher. I Frequency MnuaIIy o Semi-Annually o Quarterly 181 Monthly o Bf.WeekIy o Weekly o Once Daily o 0Il1er. r Data Processing Details Slandard Data Processing For additional details regarding Scheduled Data Processing Services, please see Data Conversion and Scheduled Data Processing Services Appendix, F. Ongoing Training Travel for ongoing training will be billed as incurred unless included in Ongoing Services and Travel section, -I I I Deliverable Instructor Led Training I I i I Users Conference ! Fees' I DescrIptIon I What's Included In this Dellverable ;. 1 day (8 hours maximum per day) of onsite instructor led training for up to 15 colleagues per year at Client's Naples location or at a CS STARS's training facility. Configuration of standard training materiais live instructor led training for groups of Client users, i '. I I -~ I-'--^"._'-'-'-'~--'-' i. 2 registration fees are included in this Statement of Work, I' Registration fees for CS STARS Users Conferences Included Page 6of14 16E2fl '.) CS STARS G. Ongoing Services and Travel I What's Included In Deliverable I Deliverable Client Support, Account Management and Consulting Services I i Package of 125 ann~-;;I Cli~';;-Support Hours is included in--I this Statement of Work, Client may pre-purchase additional I Client Support Hours packages in advance of the complete erosion of any package at the same rate that Client is charged for such Client Support Hours in the initial package, Additional Service Hours purchased by Client after all Client Support Hours have been eroded will be billed as incurred at CS STARS' then-current rate at the time of the request. Support is offered during CS STARS normal business hours, Customer support, account management and consulting services related to maintenance and ongoing use of the Software, Examples include, but are not limited to, service time spent on: Upgrades, migrations, user assistance with features, troubleshooting, testing, project management, issues management, stewardship meetings, account management, report configuration, data reconciliation, Third Party Administrator claim takeover analysis; changes to existing workflows or system setup; consulting related to changes to custom solutions, changes to data conversions or changes to reports; technical assistance, creation of events and validations, maintenance of custom reports, status calls, meetings and Documentation, T' I, , , i Ongoing Travel .__ ..---_____._w..~ ___.._________.__~___.____ ._..__.._______~___ I' Travel may be required for Services including, but not limited to, training, working meetings, stewardship meetings, project i meetings, and technical services required for Upgrades or installations, I' 2 trips for 2 team members for up to $750 per person are i included, Additional travel will be billed as incurred, Page 7of14 16E 2]j;~1 CS STARS 3. Pricing and Invoice Schedule See Financial Appendix for additional billing details, Fees do not include applicable taxes, All fees are subject to U,S, State Sales Tax, where applicable, I Deliverable I Year 1 Fees ! I Year 2 Fees I F_ I payment Schedule I $8 t ,000 r' Billed on SOW #1 Effective i k- Date, I $81,000 . I , --Billed on: i I ! November 24, 2009. r$81,OOo~-- --- -.------~- - p-B~i;d~~:----.- -------, : i November 24,2010, I :...-.-------..-.---~--.-----..-.-.,-----. _._... _ .____.__,..__.____...i , ! Year 3 Fees I 4. Statement of Work Approval This offer will expire on November 23, 2008, IN WITNESS WHEREOF, the undersigned have duly executed this Statement of Work, or have caused this Statement of Work to be duly executed on their behalf as of the SOW #1 Effective Date, Collier County Board of Commissioners CS STARS llC Name Name i~fC ~? ;. If-. Signature' () .::x, ft, "'..4~t IY1C41<c~J''?r Title . , I Dli'f 1M: Date I / ~!/~~- I nat -p,,',.-rc-r.r'", ~dM /1'?~ Title - / z/;z~~ [J' Date Page Bof14 16E21~ CS STARS Data Conversion and Scheduled Data Processing Services Appendix Detail The following further explains the Data Conversion Services deliverable, Client is responsible for facilitating delivery of Client Data to CS STARS from all data providers, including a layout definition or data dictionary. Client is responsible for facilitating delivery of control total reports to CS STARS for each data provider, Cumulative claims data conversion L1mportant Distinction All Client Data provided to CS STARS must be encrypted using the NIST/AES or DES standards, CS STARS will provide the publiC keys and the methods used for encryption, This policy pertains to all Client Data sent electronically or physically to CS STARS, Not all data providers are able to provide all data components for data conversions, Prior to execution of this Statement of Work, Client is responsible for verifying that all of Client's data providers are able to provide such data components. Fees charged by data providers are not included in this Statement of Work and shall be payable by Client directly to the data providers, In the event that control total reports are not available for a data provider, Client must provide written approval of agreement with CS STARS on a method of reconciliation. A cumulative claims data conversion consists of claim indicative data (name, address, loss date, etc,) and summary financials only and does not include other data elements (adjuster notes, OSHA records, contacts, and/or historical detailed payments / reserve transactions), Historical detailed transactions are only included if the component entitled "Historical transaction data conversion" is selected in the Statement of Work, Page9of14 Detail Historical transaction data conversion CS STARS will work with Client to develop data mapping and transformation rules, CS STARS will develop data conversion program(s) and processes, CS STARS will map/integrate the Client Data received from all data providers into a single repository and match claims between data providers, if needed, 16 E21 ~ CS STARS l I;. hTlll()rtant Distinction Historical transaction data conversion includes detailed historical payment and reserve transactions only, In the event of an imbalance between claim summary financials and detailed transactions, the claims may be balanced to the transactions or vice versa, dependent on feedback from the data provider and Client. Fees charged by data providers are not included in this Statement of Work and shall be payable by Client directly to the data providers, Data associated with history of check processing and printing is not included in an historical transaction conversion. Data associated with historicai medical bill invoice/line item conversion is not included in an historical transaction conversion. CS STARS cannot fabricate data based on the source data or other factors, CS STARS will only develop data conversion program(s) and processes for data conversion components explici~y listed in the Statement of Work, Additional data conversion components may be added to project scope, but an additional fee will apply and the timeframe of the project may change accordingly, Some information may not be available through the data provider; if the data is available, the data provider may charge Client an additional fee that is not included in this Statement of Work Client may need to provide assistance in claim matching activities, This activity does not include claim matching or data issue resolution associated with a Carrier or TPA takeover of claims from another Carrier or TPA unless that activity is explicitly listed as a deliverable in this Statement of Work, Page 10of14 Detail CS STARS will perfonnthree (3) data loads into the STARSTM database: one initial load into the Test STARSTM database, one additional load containing revisions into the Test STARSTM database, and one final load into Production, CS STARS will perfonnthe following quality control activities: reconciliation to control total reports provided by data providers: validation of incoming data codes (locations, cause, nature of injury, body part, pay types, etc,); validabon of STARS standard business rules; reconciliation of all exceptions produced during loads into the STARS database; completion of unit testing on converted data as defined in the Data Operations Standard Test Plan CS STARS will provide documentation of conversion results, 16E21:,. CS STARS ImportantRistinction Any time spent by CS STARS to create more than the three (3) specified data loads will be charged against the Client Support Hours or, if all Client Support Hours have been eroded, all time spent will be charged to Client at CS STARS's then-current rate for such services. Within ten (10) business days of the date that CS STARS forwards the mappings to Client, Client shall review/test the mapping(s) and either: (a) inform CS STARS of any necessary revisions to the mappings or (b) sign-off on the mappings by signing the a Data Conversion Mapping Closure document (the "Mapping Closure"), In the event that CS STARS does not receive either a signed copy of the Mapping Closure or Client's requested revisions by such date, the mappings will be deemed approved by Client. STARSTM Standard Business Rules and Data Operations Standard Test Plan are available upon request. Conversion result documentation includes the following: . Reconciliation results between control total reports and data conversion reports and documented explanation of discrepancies, if needed . STARSTM Gate reports . STARSTM Update reports Page 11 of14 16E2~ CS STARS ,i' Detail The following further explains the Scheduled Data Processing Services deliverable, Important Distinction Data Processing Components Ongoing data processing includes the following activities, which are all based on control total reports and Client Data provided by Client and/or its data providers: Ongoing data conversion processing, source data validation, and update of data from Carriers or TPAs into STARSTM or ClaimSuite TM, Financial reconciliation with control total reports, Minor code changes in conversion routines to address new business needs for Client, Le" new location is added to structure Resolution of code errors with the Carrier / TPA Resolution of claims that are missing or have been dropped from the Carrier / TPA feed Troubleshooting data related issues with the Carrier / TPA Scheduled Daily loads into the STARS ™ database Not all data providers are able to provide all data components for data processing, Client is responsible for confirming the frequency and data components with its data providers, In addition, if the data is available, the data provider may charge Client an additional fee that is not included in this Statement of Work and shall be payable by Client directly to its data providers, Claim-only data updates do not include detailed payment and reserve transactions, CS STARS builds a single cumulative transaction per financial category (Le, Medical, Expense, and Indemnity) for each claim to allow for prior valuation or loss development reporting, In the event of an imbalance between claim summary financials and detailed transactions during a detailed transaction update, the claims may be balanced to the transactions or vice versa, dependent on feedback from the data provider and Client. Takeover claim projects (Le, one carrierrrPA assumes the claims for another carrierrrPA) require a new Statement of Work or Work Order and will either require an add~ional fee or erode Client Support Hours. In the event that a takeover is not communicated to the Data Operations Center in advance, time spent to correct data integrity issues will be billed as incurred at CS STARS's then-current rates for such services, Client-requested changes to a data conversion after the data conversion has moved into production are not included in ongoing data processing activities and will be billed as incurred at CS STARS then-current CS STARS's rate for such services at the time of the request. Changes to the layout of the incoming data feeds that are dictated by the Carrier / TPA requiring additions or changes to data conversion routines Investigation of data quality issues with the data provider and correction of these errors through CS STARS programming efforts will be billed as incurred, Daily loads are performed once daily during an agreed upon nightly window, Page 12of14 Detail CS STARS will perform scheduled loads into the STARSTM database during an agreed upon time frame, Scheduled data processing tumaround time Data Quality Control includes only: reconciliation to control totals provided by Client's data providers; paid financial and claim count trending, including investigation of discrepancies, validation of incoming data codes (locations, cause, nature of injury, body part, pay types, etc,); validation of STARSTM standard business rules; reconciliation of all exceptions produced during loads into the STARS ™ database; resolution of claims that are missing and/or have been dropped from the data source, all based on control total reports and Client Data provided by Client and/or its data providers, "...., c"q- OS "ARS /l'liJ-- 16E2:I1 CS STARS Important Distinction CS STARS's standard data processing schedule is to perform scheduled non-daily or non-weekly data updates into the STARSTM database during CS STARS's normal business hours (Monday- Friday 8:00 a,m. to 5:00 p,m, CST, except CS STARS holidays) with minimal disruptions, Client is responsible for identifying and communicating an acceptable scheduled update time period, CS STARS is responsible for notifying Client in advance of scheduled updates being performed, Processing outside CS STARS's normal business hours, including weekends and holidays, is available for an additional fee, CS STARS's standard tumaround time for non-daily and non-weekly scheduled data processing is three (3) business days from time of data acceptance at the CS STARS Data Operations Center, Shorter turnaround time may be available for an additional fee, I n the event of data issues with the data provider, CS STARS can not be held to the tumaround time specified in the Statement of Work, Client may be required to provide timely feedback to notification of discrepancies, invalid codes, exception reconciliation techniques, and/or missing/dropped claims in order for CS STARS to meet standard turnaround time, Page 13of14 16E21!;l CS STARS Financial Appendix Main Client Business Contact Information Business Contact Name Jeff Walker Business Contact Title Director of Risk Management Business Contact Address 3301 Tamaimi Trail Naples, FL 34112 Business Contact Phone (239) 252-8906 Business Contact Fax (239) 530-6401 Business Contact Email Address JeffWalker@colliergov,net Client Billing Information Billing Contact Name Jeff Walker Billing Contact Title Director of Risk Management Billing Contact Address 3301 Tamaimi Trail Naples, FL 34112 Billing Contact Phone (239) 252-8906 Billing Contact Fax (239) 530-6401 Billing.Contact Email Address JeffWalker@colliergov.net Client Tax Jurisdiction' Billing Currency USD Preferred Invoicing Method Mail 'If Client has a tax exempt status, please attach tax exempt form to this appendix, For European clients, please indicate VAT or No VAT in this section as well. Payment Remission Details C5 5T AR5 Lockbox for Pavrnents Overnioht Courier Address ACH Wire Instructions CS STARS LLC Wells Fargo Lockbox Bank: Wells Fargo Bank P,O, Box 201739 CS Stars LLC Dallas, TX Dallas, TX 75320-1739 PO Box 201739 ABA: 121000248 2975 Regent Bivd Account No: 4121269922 irvine, TX 75063 Initialed: CIi~~ C5 5T AR5 en Or., Page 14of14 16E 21 CS STARS CS STARS Statement of Work #2 for Collier County Board of Commissioners .................. .................. .................. Brett Greenway, Senior Account Manger CS STARS LLC 3475 Piedmont Rd" Suite 1200 Atlanta, GA, 30305 Phone: 404,995,3016 Fax: 404,995,3017 Email: bgreenway@csstars.com October 9, 2008 Version 1 This document contains proprietary and confidential business information and is intended solely for employees of Client. No portion may be reproduced or shared with consultants or other third parties without advance written permission from CS STARS LLC. Page 1 of11 16E 21i;1 CS STARS Table of Contents 1. Project Scope and Deliverables ..................................................................................................3 A. Migration of Standard System Configuration ........,.......................3 B. Migration of Data Conversion ....,... .............................................,....5 C. Migration of ReportslReporting ..,.. ...".",..",.."..,.."..5 D. Training on Enterprise Product ...................................,......,....,6 E. Project Management."",."". ...."""..".."""",..".."",..".."",..,6 F. Travel""""..""".."",.."""..,.."..".." .....,..,..""""""""""""",,7 2. Pricing and Invoice Schedule .......................................................................................................8 3. Statement of Work Approval.......................................................................................................... 8 Project Management Appendix..........................................................................................................9 Page2of11 16 E 21' CS STARS Statement of Work #2 for STARS TM Software This Statement of Work #2 ("Statement of Work") describes services to be performed by CS STARS LLC ("CS STARS") for Collier County Board of Commissioners ("Client"), This Statement of Work is subject to all the terms and conditions of the Software License and Services Agreement entered into by the parties on November 24, 2008 (the "Agreement"), This Statement of Work is effective on November 24, 2008 (the "SOW #2 Effective Date") and will remain in effect through Migration Closure (as defined herein), unless terminated sooner in accordance with the Agreement. Any capitalized terms not defined in this Statement of Work shall have the same definitions as set forth in the Agreement. 1. Project Scope and Oeliverables: Identifiable deliverables included in this Statement of Work 2. Price and Payment Schedule: Cost breakout for project products and ongoing services 3. Statement of Work Approval 4. Appendices and Additional Approvals: Additional details that apply to information contained in this Statement of Work 1. Project Scope and Deliverables The following describes all initial Services to be performed by cs STARS under this Statement of Work, Any services or deliverables not specified in What's Included in this Deliverable column are expressly excluded from this Statement of Work, A Migration of Standard System Configuration The following deliverables will be configured using standard configuration tools in the STARS software, I 0escrIIIII0n ~Induded 1"11118 DeII1.erable I I Dellverablt 'I' Migration of I Software I r-._.~-~...._~_._. I Migration of I System I I Software migration services to be performed by a primary support team that will leverage resources and experience of STARS personnel to migrate Clientfrom STARS ™ Professional Edition ("STARS I PE', to STARS 1M Enterprise ! ("STARS Enterprise) I 1~~~~~I:~::gra\;On.serVices~--r: -~~~~:;~:~~-~: ::: ~~~i:r::~~rJ~ayment I Convert existing STARS PE I records, i database to the STARS 'Conversion of notes and diaries, I Enterprise database model 'Conversion of rolodex records to contact I records i , Conversion of required policy information I if applicable Page 3of11 I DeIIwlrable 'I Migration of Codes and Fields ! Migration of Screen Design Migration of Location Hierarchy Migration of Security Configuration Migration of Events and Validations Migration of Interview Entry I~ ! Convert codes and code i descripbons from STARS PE, I such as cause codes, I payment types, etc" into ! STARS Enterprise I I Convert existing screen ! designs for the foliowing i modules' I ' I t8J Incidents I t8J Claims I t8J Occurrence i t8J Transaction I t8J Contacts I Vendors I t8J Policy t8J Location ! I Convert existing location I hierarchy from STARS PE account design into a STARS I Enterprise location structure. n-.~--. ---..----.----. Setup of user IDs in STARS Enterprise I ! 16E21' CS STARS I I I i I WIlat's IncIudIlcIln this Dellvenlble r Convert existing field labels as they exist in STARS PE t Code and Field label clean-up or revamp is not included I I i - -.-.... .......--.. ----...-...--.--1 The following items are not included as part I of the Migration Services: I t Replication of My STARS settings I established by each current STARS PE I user. I t Replication of specific search menus I established by each current STARS PE i user I I ! ! I I r Migration includes C,O'p,E, data t LOC:i~~ st:u~ure reorganization is not included in migration services __ __,,_._...._M....__"__^""_~__._ _ _ ._._..~~.___.____ t Define User Security groups in STARS Enterprise in order to provide similar security restriction currently in place in STARS PE, t All users will require a valid email address t I , i ! _. _._ _._.._..__._~._~.__._~__.______.__ __ I I I I \ ! '", i r-:=---~---_.__._--~-----_.._- I Setup event notificabons and I I validations previously I ! configured in STARS PE, I I CS STARS will migrate I existing configuration of Interview Entry into STARS'M , Enterprise after consultation I with Client and based on specifications mutually agreed ! to by the parties, This does not include the configuration of the Review of Incidents module, Page4of11 16E21' CS STARS B. Migration of Data Conversion Migration of the following ongoing data sources to allow for source updates into the STARS Enterprise database: ~~-----~~~-I i Data Source I Components IJohns Eastem~~~--'-- Oaims I OTransacIions I 0 NotesIComrnen1s I OOiatillslTasks o Conlacls /Venders o OSHA DaIa o Policy DaIa o Location DaIa o Values DaIa OOlher. IFrequency Annually OSemhl\nnually o Quarterly i:8I MonlI1Iy OBi-weekly OW~ o Once Daily OOlher. Data Processing Details Standard DaIa Processing Note: The following items are not included as part of Migration Services as part of on-going Data Sources/conversions as they pertain to migration accounts: . The migration is not meant to address outstanding issues or change requests related to on-going data feeds, All open items pertaining to on-going data feeds must be addressed and closed out prior to the migration, In the event that these issues are not addressed prior to the migration, the CS STARS service team will work with the client to develop a plan to address outstanding items, . Migration services do not include programming to account for takeover claims or layout/format changes, C.. Migration of ReportslReporting Migration of existing STARS PE reports as follows: I DIlIl\IlIIabIe Existing standard STARS PE reports --~ - r Existing STARS PE reports I using STARS PE standard I report templates will be , converted to the STARS I Enterprise database, I ~Slnclucllld In this DelIverable , Previously configured My Reports and Alerts will need to be reconfigured by the individual user, I , Existing Report bursting capabilities for I report distribution will need to be recreated I by the CLIENT,.. Page 5of11 D. Training on Enterprise Product I Deliverable , Instructor Led Training I Description I Live instructor led training for large groups of Client users, E. Project Management 16E2i' ; CS STARS I What's Included !n this Deliverable I' I I I I' 1 day (8 hours maximum per day) of onsite instructor led training for up to 15 colleagues at Client's Naples location or at a CS STARS training facility. Configuration of standard training materials , , , , ; , .-J I DeliVerable I I Project Management i Client User Acceptance Testing , Project status reports and calls, to discuss activities completed, activities scheduled and issues , Implementation support from the CS STARS Project Management Office I (PMO) i Client User Acceptance T estin;- r.'cssr;R:s Wil~~;~vide-Clie~t'~it~--I is required for approval of all I project deliverable for User I deliverables outlined in the Acceptance Testing and will provide I Project Scope and Deliverables Client guidance on the testing process, section, If Client does not I provide CS STARS with 'I feedback, the deliverable will be deemed accepted thirty (30) . days after delivery, I _.___,,___..______....____..__... ____.___ _....__._________J I~ -. The Project Management Institute's (PMI) best practices for managing projects via the CS ST ARSPro ™ methodology, I What's~ !nthls .0eIIVenlbIe , Project schedule indicating estimated project completion, critical paths and slack Page6of11 16 E 2 '1 ~ ' .~ CS STARS . Client is provided a migration services closure letter and any supporting data validation documentation created as part of the deliverables. . Access to STARS Professional Edition is discontinued .--.---.-----.-----1 I I , I I I i I --- --r---.-~------- Migration Closure is defined as I the following: I . Client User Acceptance I Testing period has elapsed, . The deliverables outlined above are provided in substantial conformity to the specifications set forth in this Statement of Work: 1"".'." C,,,"" Additional details regarding project approach and responsibilities can be found in the Project Management Appendix, F. Travel I DeHvemble I Travel , ~.lncluded In Dellverallle ~ Travel may be required for Services including, but not limited to, training, working meetings, stewardship meetings, project meetings, and technical services required for the Migration, 1 trips for 2 team members for up to $750 per person are included, Additional travel will be billed as incurred, Page 7of11 16t:21 CS STARS 2. Pricing and Invoice Schedule See Financial Appendix for additional billing details, Fees do not include applicable taxes, All fees are subject to U,S, State Sales Tax, where applicable, I Fees I Payment Schedule I Migration Fee-- II $6,666,68 .-- r Billed on SOW #2 Effective I ! I Date, I I , [-Y~ar2Fees ---~ jr';;;~;tk,-;;-F-;'-~-----"- '.$6,666,66-.--jsiii;d on N-;,~~~b~;24~2009 ,-- I Y;;r 3 F-;es --!Migration Fee--- "-"'1-$6,666:66-" ,-, -IBiII~d -;-~N~ve~be~ 24~201 O~-' I DelMlI'llble I Year 1 Fees 3. Statement of Work Approval This offer will expire on November 23, 2008, IN WITNESS WHEREOF, the undersigned have duiy executed this Statement of Work, or have caused this Statement of Work to be duly executed on their behalf as of the SOW If2 Effective Date, Collier County Board of Commissioners CS STARS LLC Name Name l~:) Signature I ( -S\, H( ( 'WJA.\- Title ~4 ~? , --~ ." ~r~~~ 7/)r"c.-hor, i2/~ ~oo/ . Title 01(-",1\0-(,5" :( ~- ~e/z-~/tPY Date, to j 1(,. /t.,(! Date! / Page 8of12 16 1:21 \ 1 CS STARS Project Management Appendix Engagement Methodology - The CS ST ARSPro ™ project management methodology is a disciplined approach to project communications and project management and control. It incorporates timely check- points to ensure Client expectations of deiiverables are consistent with CS STARS's expectations, This engagement methodology requires mutual communications and project management discussions between CS STARS and Client. This collaboration will appear in the form of regular status meetings, change control procedures as necessary and frequent project progress reports, Customer Role Review The Customer Role Review is designed to help CS STARS's clients understand their part in the major activities of a CS STARS project. It outlines major milestones, highiights decisions needed from Client and points out implications of changes to the project scope, The following Client roles are recommended for a successful project: Client Business Sponsor- This person will be responsible for final approval and signoff on all deliverables, They will also serve as a point of escalation for any project related risks or issues, Client Project Manager - This person will work directly with the CS STARS project manager to manage project timelines, risks and align Client resources to complete tasks within the timelines outlined in the project schedule. Client System Administrator- This person will be the ongoing resource assigned to maintain the STARSTM software, They will work directly with the project team to define specifications and understand configuration options selected during impiementation, Milestones Project milestones act as thresholds and help to indicate whether a project is on track to finish as expected, Specific milestones vary by project, but in general, they are defined as the group of accomplishments, results, deiiverables and events that measure project progress, The following outiines typical project milestones in a CS STARS project and provides a high level overview of what the CS STARS team will need from Client in order to perform CS STARS's obiigations under this Statement of Work, Major Milestone Client Contributions Kickoff meeting A successful kickoff meeting requires attendance by project sponsor, project managers and end users. Identification of decision maker or point-person during this meeting is essential. Client and CS STARS will review the Statement of Work during this meeting to confirm accuracy and completeness of project deliverables, Completion of specifications, Engagement during specification process; Client may need to produce sample of output files or data from legacy system(s) to be integrated with CS STARS software. Test environment established If installation is local, hardware for test environment is to be supplied by Client. ASP installations will include a test environment provided by CS STARS, Transfer of deliverables from test to production environment. Major Milestone Commitment to structured user acceptance testing and signoff on deliverables at the conclusion of User Acceptance Testing (UAT), Please note that Client UAT is generally required within 2 weeks from Client's receipt of a deliverable from CS STARS, A deliverable will be deemed accepted if no feedback is received by CS STARS within thirty (30) days of delivery to Client. [ ClientCoirtribUtions Page9of11 Training 16t 21;~ CS STARS ,",,,, ,j ~'i ',,'- 1."'1 Successful training requires a complete audience of stakeholders and end users, If training is to be held at Client's facility, Client will be responsible for securing a training location/room, requesting staff participation, scheduling, etc, Decisions Needed Throughout the project, the CS STARS team will need Client to make choices about the implementation of the ST ARSTM software, Decisions vary by project, but in general, they follow the nature of the decisions outlined in the table below, Also included in this table is the nature of the information to be provided by Client and a rough estimate of the timeframe, DecIsions and Actions Needed System specifications Validation of data conversion deliverables Decisions regarding third- party deliverables Signoff on deliverables lil'lfomiatlon N8eCkid , Timeframe Decisions regarding screen designs, security setup and other system specifications such as custom solutions or custom reports, Beginning of project Approval and signoff is needed on data mappings and prior to final load of conversion into the system, Middle of project, Decisions may be required if third-party data/information is late, incomplete or missing, Middle of project Project sponsor required to sign off on all incremental deliverables and final implementation within ten (10) business days of Client's receipt of any deliverable, Middle of project and End of project, Change Deadlines Research shows that for every month a project progresses there is a 1 - 2% increase in the scope of the project, This is evident even in controlled conditions (i.e, project management). Further, as the project progresses, the cost of change increases substantially - change becomes more expensive and time- consuming, With this in mind, CS STARS recommends placing a limit on change requests through change deadlines, Please note that change deadlines are recommendations to maintain the project schedule, Mutually acceptable changes to this Statement of Work will be outlined in a written amendment to the Statement of Work and may result in additonal cost to Client. Change control procedures consist of: . Problem Identification (Client) . Impact Estimation (CS STARS) . Signoff of change control documentation (Client) . Change Initiation (CS STARS) . Change Validation (Client) . Approvals and Acceptance (Client) Page 10of11 16 E21 ~ CS STARS , .:;.i , The CS STARS project manager works with Client to define what constitutes a minor change, a change to existing scope or a change outside scope, Changes allowed wiil be based on the agreed upon project timeline and wiil adhere to the below basic guidelines for all CS STARS projects, , Change Type i Recommended Deadline , Minor changes Permitted up to month prior to "go live" Changes to existing project scope Permitted up to the mid point of implementation Changes outside project scope Permitted up to the first quarter point of impiementation Collier County Board of Commissioners CS STARS LLC Name Name ~;:Q ~ Signature :'So; A L (ov'"'"'~ 0I6.N~j<2f Title ~~1/~ aure D'h~~ ~oq-' H!:J r Title /,h#f,r Date 10/;e,lo(' Date / I Page 11 of11 16f21.~ CS STARS CS STARS Statement of Work #3 for Collier County Board of County Commissioners .................. .................. .................. Brett Greenway, Senior Account Manager CS STARS LLC 3475 Piedmont Rd" Suite 1200 Atlanta, GA, 30305 Phone: 404,995,3016 Fax: 404.995,3017 Email: bgreenway@csstars.com October 16, 2008 Version 1 This document contains proprietary and confidential business information and is intended solely for employees of Client. No portion may be reproduced or shared with consultants or other third parties without advance written permission from CS STARS LLC. Page 1 018 16E ,1 CS STARS Table of Contents 1. Project Scope and Deliverables...................................................................................................3 A. Required Meetings""""""""",.,...".,."""""""","""""""""""""""" 3 B. Advanced Feature Setup and Universal Solutions .......................4 C. Initial Training ,.".""""""""""""""""".,.,." .......".."".""""""""""",4 D. Project Management ......,................................................, ... . .......,...5 2. Maintenance Services and Support .............................................................................................6 A. Software Product Licenses and Maintenance ,................,............,6 B. Advanced Features and Universal Solutions....................,.... ......,6 3. Pricing and Invoice Schedule....................................................................................................... 7 4. Statement of Work Approval........................................................................................................ 7 Interview Entry Appendix.................................................................................................................... 8 Page20fB 16E21 CS STARS ,~ I i~t; Statement of Work #3 for STARS 1M Software This Statement of Work #3 ("Statement of Work") describes services to be performed by CS STARS LLC ("CS STARS") for Collier County Board of Commissioners ("Client"), This Statement of Work is subject to all the terms and conditions of the Software License and Services Agreement entered into by the parties on November 24, 2008 (the "Agreement"). This Statement of Work is effective on November 24,2008 (the "SOW # 3 Effective Date") and will remain in effect through November 23, 2011 unless terminated sooner in accordance with the Agreement. Any capitalized terms not defined in this Statement of Work shall have the same definitions as set forth in the Agreement. 1. Project Scope and Deliverables: Identifiable deliverables included in this Statement of Work 2. Maintenance Services and Support: Ongoing software maintenance and related support 3. Price and Payment Schedule: Cost breakout for project products and ongoing services 4. Statement of Work Approval . 5. Appendices and Additional Approvals: Additional details that apply to information contained in this Statement of Work 1. Project Scope and Oeliverables The following describes all initial Services to be performed by cs STARS under this Statement of Work, Any services or deliverables not specified in What's Included in this Deliverable column are expressly excluded from this Statement of Work, A Required Meetings I Deliverable I Description I What's Included In this Deliverable Kickoff Meeting Initial meeting to kickoff project . Via Conference Call. Actual travel costs will be billed as incurred, . Project binder, Working Meetings Meetings to gather information . 1 onsite project meeting for 1 day each for and review progress 2 project team members, Travel costs for throughout the project. up to $750 per person per trip are included and additional travel will be billed as incurred, On-site Assistance WebEx meeting to guide and . UA T will be performed via WebEx, Actual with User assist Client with User travel costs will be billed as incurred, Acceptance Acceptance Testing of system, Testing Page 3of8 '16.' -"'." J. L21'~ CS STARS I' B. Advanced Feature Setup and Universal Solutions This section describes implementation services related to the configuration of the following Software features. These are features that are included in the Software but require additional configuration time, I Deliverable I Description I What's Included in this Deliverable Check Configuration of check printing . Setup of one bank account Writing/Printing module and check template(s) . Configuration of one check template based which will allow Client to print on sample provided by Client. checks from the STARS ™ software. Client will be required to get the check tem plate approved by its banking institution prior to use of such template in STARSTM, Interview Entry CS STARS will configure . 1 form and 5 paths are included, Up to 150 Configuration Interview Entry in STARSTM total questions are included, Enterprise after consultation . Up to 1 review roles are included with CI ient and based on . Additional terms and conditions applicable specifications mutually agreed to the Agreement and Sample intake forms to by the parties, are provided in Interview Entry Appendix, Generic Lookup Configuration of standard . Data must feed in separately Configuration lookup functionality in . Use in STARSTM and STARSTM Web. STARSTM and/or STARSTM . 1 lookup required Web, . 1 time deployed on screens C. Initial Training I Deliverable I Description I What's Included in this Deliverable Train-the-trainer Live instructor led training for . 1 days (8 hours maximum per day) of one or more Client trainers onsite train-the-trainer instruction led charged with teaching STARSTM training for up to 15 Client designated to the broad Client user base, trainers via WebEx or at a CS STARS training facility, . Configuration of standard training materials Page40fB 16E21 CS STARS ...t "' 1 I~, >, D. Project Management I Deliverable I Description I What's Included in this DeUverabie Project Management The Project Management . Project schedule indicating estimated Institute's (PMI) best practices project completion, critical paths and for managing projects via the CS slack STARSPro™ methodology, . Project status reports and calls, to discuss activities completed, activities scheduled and issues . Implementation support from the CS STARS Project Management Office (PMO) Client User Client User Acceptance Testing . CS STARS will provide Client with Acceptance Testing is required for approval of all project deliverable for User deliverables outlined in the Acceptance Testing and will provide Project Scope and Deliverables Client guidance on the testing process, section, If Client does not provide CS STARS with feedback, the deliverable will be deemed accepted thirty (30) days after delivery, Additional details regarding project approach and responsibilities can be found in the Project Management Appendix, Page 50fS , " , 21 h t ,"!~i .J~ "v CS STARS 2. Maintenance Services and Support The following describes the services included for the ongoing maintenance of this account. CS STARS will license the following software to Client in accordance the terms and conditions of the Agreement: A. Software Product Licenses and Maintenance I Core Software Deliverables STARSTM Enterprise Claims and Risk I Description a 50 Lite User licenses a Version 3,5 of STARS ™ Enterprise Edition B. Advanced Features and Universal Solutions This section provides details about advanced system features included in this Statement of Work. I Deliverable I Description Maintenance of Advanced Maintenance services related to Advanced Features and Features and Universal Solutions Universal Solutions included in attached Project Scope and Deliverables section will be applied against the Client Support Hours, If set Client Support Hours are depleted, additional Client Support Hours will be charged as incurred. Advanced Features Used: Maintenance services related to Advanced Features will be Check Writing/Printing applied against the Client Support Hours. If set Client Support Interview Entry Hours are depleted, additional Client Support Hours will be Generic Lookup charged as incurred, Universal Solutions Used: Maintenance services related to Universal Solutions will be Contact Import applied against the Client Support Hours, If set Client Support Hours are depleted, additional Client Support Hours will be charged as incurred, Page 6at8 16E21~' I CS STARS 3. Pricing and Invoice Schedule See Financial Appendix for additional billing details, Fees do not include appiicable taxes, All fees are subject to U,S, State Sales Tax, where applicable, I Deliverable I Fees I Payment Schedule I Year 1 Fees I Implementation Fee I $9,803,34 . Billed on SOW #3 Effective I Annual Fee I $9,590 Date I Year 2 Fees I Implementation Fee I $9,803,33 . Billed on November 24, 2009 I Annual Fee I $9,590 I Year 3 Fees I Implementation Fee I $9,803.33 . Billed on November 24, 2010 I Annual Fee I $9,590 4. Statement of Work Approval This offer will expire on November 23, 2008, IN WITNESS WHEREOF, the undersigned have duly executed this Statement of Work, or have caused this Statement of Work to be duly executed on their behalf as of the SOW #3 Effective Date, Collier County Board of Commissioners CS STARS LLC Name Name ~t~~ Z)'r<'",r"'r, t:'d~ "1:J"f Title ,j ~';'rfJ q~ ~.~ ~ignature '1 <- t'.::> -::x ~ C( "..""..;\ VI '-'-"c>-~ ".( Title ' , te:J/e9/tJe Date )O///'/Df' Date/ I Page 7of8 16 E 21 '~ CS STARS Interview Entry Appendix Include sample forms that are used as the basis for the scope of the interview entry configuration deliverable, Please note that any changes may impact project scope and fees, Initialed: cliq Page 8of8 1.2 ili--..... CSSTARSdi2.~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 22 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chainnan's signature, draw a line through routing lines #1 through #4, complete the checklist, and fOlWard to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lyn M Wood Phone Number 252-2667 Contact Agenda Date Item was 10/28/08 Agenda Item Nwnber l6E22 Approved by the BCC Type of Document Amendment Number of Original 2 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes colwnn or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All docwnents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Allomey, This includes signature pages from ordinances, resolutions, etc. signed by the County Allomey's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials,) All handwritten strike-through and revisions have been initialed by the County Allomey's Office and all other arties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe docwnent or the final ne otiated contract date whichever is a plicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), Ihe original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) LMW N/A(Not A licable) 2. 3, 4. 5. 6. LMW LMW LMW N/A LMW I: Fomlsl County Fomlsl BCe Fomlsl Original Documents Routing Slip WWS OriginaI9.03.04, Revised 1.26.05, Revised 2.24.05 16[22'" MEMORANDUM DATE: October 30, 2008 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Amendment (Microsoft Enterprise Enrollment - State & Local) Enclosed, please find two (2) original amendments, referenced above (Agenda Item #16E22) approved by the Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fullv executed orieinal to the Minutes and Records Department for the Board's Records. If you should have any questions, you may contact me at 252-8406. Thank you, Enclosures (2) 16E22 Agenda Item No, 16E22 October 28, 2008 Page 3 of 4 Microsoft Enterprise Enrollment - State and Local Amendment Emull",ent n"",ber I MICrosoft. to complete 6512146 A",.ndmentlO I ,: ,'/. .",-11">.',' 10 Number Micro:sofllo c:omplete This amendment is entered into between the customer and Microsoft affiliate signing, as of the effectfve date identified below, All terms used but not defined will have Ihe same meanings as in the Microsoft Enterprise Enrollment identified above "the enrollmen!." The following terms and conditions amend the terms and conditions of the enrollment identified above, but only with respect to the customer identified below and only for purposes of this enrollment. 1, The list of addilional products licensed pursuant to this enrollment Is hereby amended by the addition of the following additional product(s) ('the "Added Additional Products'): Product Part # QuantHv Office Comm Svr Ent CAllisted SA MVl Device CAL KMA.OO247 1550 The add~lon of the Added Additional Products shall be made retroactive to the effective date of this enrollment, and the originally-chosen additional products shall remain licensed hereby, 2, The parties acknowledge that the quantity of 1.550 shown in the table above represents your initial quantity of qualified desktops as of the effective date of this enrollment. Because you have placed true up orders for your other enterpMse products for a total of 6 qualified desktops between the effective date of the enrollment and the date you executed this amendment, you agree that you will submit a true up order, concurrenl with your execution of this amendment, to add the Added AddRional Products to such 6 qualified desktops, Remainder of Page Intentionally Left Blank 16E22 Agenda Item No, 16E22 October 28, 2008 Page 4 of 4 Except for changes made by this amendment, all terms of this enrollment remain unchanged. By signing below. the parties agree to be bound by the terms of this amendment ClIstumt..JT Contracting Microsoft AfFIliate Microsoft licensing, GP Slgnatu re Printed Name Tom Hennin Printed T~le . Chairman Signature Date .. Printed Title Signature Date (date MlCrtlsoR affiliate coumet'5lgns) " indICates required field Effective Date (may be different than our signature dale) Please sign two copies of this amendment and send them to your reseller or software advisor, Your reseller or advisor must submit them to the following address, When the amendment is fully signed, you will receive a confirming copy_ Microsoft Licensing, GP Dept 551, Volume Licensing 6100 Neil Road. Suite 210 Reno, Nevada USA 89511-1137 Prepared By: Steve Hancock on behalf of David Mills =:r~~~pr~ ;. ~ Appr~ as to forRg1"ffiC,enCy ~ t..-If A-c-L County AttornAY , _JI: . ~ ~~.I~ $lgn4~c~.RN'{ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLll' 16 E. 2 3 .. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . PriDe 011 pin!: paper. AltId1lD orisinol '~_r Orisinol ,~_.. .JIOllld be !wid delivered lD dIa Board Office.. TheCODlJllolod rouliDg sJlp Dlld original ,~_.. "" lDbe~lDdlaBoanlOflil:ooaly!l!s:tbaBoanlhas rnkm"";""'CIldlaitem.> . , ..,. , . , ROUTING SLIP .Camph:le lOUling..... 'llbroaghl4 as ~ far addilicaal sigaaana, dart:o, mdtar iDtamwlOllIlllCded./t tba ,.......:._; is oIrcldy CODlJIlclo with tba lien at.dIa n..;.",.,,'s . dl7.w ,liDo rbroa ..... _ #1 tbrau #4, !eo> dIa c!Iecldbt; md fbrwud lD S~ FiIsOll (liDe 115). , Office Initials Date \,".. L ~ 2. .------~ 3. ~ 4. .-------- mon, Executive Manager --- .........-----, Board of County Commissioners 5. 6. Minutes and Records Clerk of Court's Office ":.".,,- -~ ---------- PRIMARY CONTACT'INFORMATION en. primluy """""" is dIa balder of die oripm.l-=' p=<ling Bee 3jlpn:>val. NonDlllly die primary COlICIa is tba p= wbo =:m=d/prqlarod tba ==ti.. ..-y. Primary __ imcrmatiOD is _ in tba ...." cae of tba _... :lbove. iDcludiug Sua FUsoa. a=d lD """ClOt sraf! far additioular missing iafarmatioa. All original '....-_.. oeodiq tba BCC Olai='s signa..... "" '" b. d<llvered '" die Bee oflice only a1ier!be Bce bas \IdI:d lD_tba illllll.l Name: of Primary Staff SC:~Ol\... ~\ Ie ,) Phone Number 2S2- ~l)l Contact Agenda Dille Item was Oe--tDbef 76, 2001, Agenda Item Number It r::- 23 ADmoved by the ECC "- Type of Document AC1re~~~ Number of Original l Attached Documents AttaA:hed v INSTRUCTIONS & CHECKLIST I:aitia.l the Yes column or IDlU'lc 'W A" in the Not Applicable column. whichever is 1., Original document has been signedfuxitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed oy the Oflice of the County Atromey. This includes signature pages from ordinances, resolutiollS, etc.. signed by the Connty AllCrney'. Oflice and sipature pages from contracts, agr-m,.,.,.... etc. that have been tally executed by all parties except the ECC CIa.irman and CI<:rlc to the EomI and ssibl Stale Oflicials.) 2. All handwrittcn,strike-throagb and revisions have been initialed by the County AJ:trJ~Y: s Office and all other arties the ECC Chairman and the Clerk to the Eoard 3. The Cb.ainpan's signatUre line date has been entered as the date ofECC appro'l3l of the document or the final DC dated contract date whichever is licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman'. si' and initials are 5. In riIcst cases (some con= are an exception), the original do=t and this routing slip should be provided to Sue Filson in the ECC ofli"" within 24 honrs ofECC approvaL Some documents are time sensitive and reqnireIorwarding to T,I1.h"~ee within a certain time frame or the ECC'. actions are nullified. Be aware of our deadlines! 6. The doc:ament was appro..ed by the BCC on \ 0 -7..r- 0 I (enter date) and all changes made during the meethsg haw been incorporated in the al:t3ched docnment. The Coon Atto 's Oflice bas ...mewed the os, if a licable. Yes WA(Not (Initial) liable) ~ -:J~. ~ :m . .:::::Sb 3\) ~ FarrmI Caomy FarrmI Bee _ OrigiIlal """-_.. R=iDg Slip WWS Original 9,03.04, Rcvi:sed 1.26.05. R.vi=l2.24,05 16 E 23 AGREEMENT THIS AGREEMENT made this 2<6 day of Oc1ober , 2008 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and the ALL KIDS PLAY FOUNDATION OF CORKSCREW COMMUNITY INC., a Florida non-profit corporation, (hereinafter referred to as Foundation), whose mailing address is 15275 Collier Boulevard, #210, PMB #568, Naples, Florida 34120, WHEREAS, Trustee has acquired 1,061,5 acres located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Property Inc, f1k/a GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc, and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, the Foundation is requesting funds from the GAC Land Trust to purchase equipment and materials to facilitate the construction of a Boundless Playground to be located at the Big Corkscrew Elementary School; and WHEREAS, Trustee has determined that the Foundation's request is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for equipment and materials to facilitate the construction of a Boundless Playground to be used by the residents of Golden Gate Estates; and WHEREAS, Avatar Properties Inc, has provided a "Letter of No Objection", dated 9.12210<4 approving the use of funds derived from the sale of property to purchase equipment and materials for the construction of a Boundless Playground; and NOW THEREFORE, in consideration of the above premises which are incorporated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties 10 be sufficient, just and adequate, the parties hereto do agree as follows: 1. The Trustee agrees to contribute a maximum of One Hundred Fifty Thousand Dollars ($150,000) of the total funds to be expended by the Foundation for purposes hereinafter slated, (hereinafter referred to as "Funds") in accordance wilh the terms and conditions of this Agreement, provided said Funds are to be used solely for the purpose of purchasing equipment and materials to facilitate the construction of a Boundless Playground 10 be located at Big Corkscrew Elementary School and to service the residents of Golden Gate Estates (hereinafter referred to as "Equipment"). 2. The Foundation agrees and warrants that the Funds will be used solely for said purchase of Equipment for the construction of a Boundless Playground to be used by all of the residents of Golden Gate Estales, 3, The Foundation hereby agrees Ihat the purchase of the Equipment shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordering or receiving of any goods or services purchased under this Agreement. 4, Payment of the Funds to the Foundation for the purchase of the Equipment shall be in accordance with the following: A, The Trustee shall make available the Funds for the purchase of Equipment following approval by the Board of County Commissioners, Collier County, of this Agreement. Said payment shall be made within thirty (30) days of receipt of appropriate verification as stated below by the Trustee, with copy to the Real Property Management Manager, of said verification, B, The Foundation or its designee, shall: (a) provide Real Property Management Manager, copies of all invoices, purchase orders or other documentation which shall clearly state the purposes of said expenditure, Only those invoices which clearly stated expenditures associated with the purchase of the Equipment shall be approved, Payment(s) shall be approved upon satisfactory review by the Real Property Management Manager and shall be made payable directly to the Foundation, (b) A letter from the Foundation, signed by the Chairperson, stating that the 16 E 23 purchase has been received and accepted in good order and directing the County to reimburse the Foundation. In no way shall Ihe amount to be paid exceed One Hundred Fifty Thousand Dollars ($150,000). C. Within thirty (30) days after receipt and approval of the above described documentation, a County warrant for payment shall be prepared and made payable to the Foundation. D. Upon completion of the purchase of the Equipment, the Foundation designee shall (1) promptly forward a letter to the Trustee stating that all money from the GAC Land Trust has been used for the purpose of purchasing the Equipment and that all payments have been disbursed in accordance with the Agreement; and (2) refund to Trustee any and all funds, or any portion thereof, not utilized for said purchase shall be deposited directly into the GAC Land Trust Fund 605. E. The Foundation covenants and agrees that upon the payment of all or any portion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the Foundation to pay any remaining balance required for the purchase of the Equipment. F, All Funds requested, in accordance with this paragraph shall be disbursed within twenty-four (24) months of the execution of this Agreement by both parties, In the event that the Equipment is not purchased and installed by the Foundation within twenty-four (24) months from the execution of this Agreement, it is understood and agreed to by the parties that the Foundation shall refund or repay to Trustee, within thirty (30) days, any and all funds which have been provided to the Foundation pursuant to the provisions of the 1983 Agreement. 5. The Foundation agrees 10 protect, defend, indemnify and hold the Trustee harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the funds or the selection, purchase, delivery or installation or use of the Equipment by the Foundation, its agents, employees, or in any way related to the Foundation, its agents, employees or any third party, 6, The Foundation understands and agrees that the Funds to be provided to Collier County in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to Collier County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such funds are currently in Fund 605-122390 (The GAC Land Trust Sales Fund), 7, The Foundation agrees that the following purchase of the Equipment shall be used primarily for servicing the geographical area commonly known as "Golden Gate Estates", 8, of Florida, This Agreement is governed and construed in accordance with the laws of the State 9. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE FOUNDATION: All Kids Play Foundation of Corkscrew Community, Inc. 15275 Collier Boulevard #210, PMB #568 Naples, FL 34120 IF TO THE TRUSTEE: Collier County c/o Real Property Management Building W 3301 Tamiami Trail Easl Naples, FL 34112 10, In the event that the Equipment ceases to be utilized by the Foundation as described in Paragraph 2, the Foundation agrees that the Foundation shall either pay to the County, within (30) days, an amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be used by the Foundation as described in Paragraph 2 or request from the Trustee to waive the requirement for the Foundation to reimburse the County the amount of the fair market value of the Equipment. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of said equipment. Should the Foundation elect to pursue a waiver and the waiver is not granted by the Trustee, the Foundation shall make payment to the County no later than (30) days from the date of the Trustee's decision. 16 E 23 11, This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party, No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties, IN WITNESS WHEREOF, District and Trustee have caused this Agreement to be duly executed on the day and year first above written, AS TO TR~SrE~t ~'. DAT~O: 2.! I) ATTEST: ,.~~ o IGHT 1;:, BRClCK';:Clerk - '-, " ato , , ,t..tft.t~. BOARD OtOUNTY OMMISSIONERS COLLlE~ UNTY ORIDA. 'Prl--/ By:, , i Tom Henning, Chairman ~~ ALL KIDS PLAY FOUNDATION OF CORKSCREW COMMUNITY, INC, By,f1. / ~ 1f),/0.08 WITNESS: (Signa ure Vel2-R-y M qAt.; /Ju/yv' (Pri~ted Name) j~~ (Sigyature) y <t- ~II 1> '?fI v rc-,v (Printed Name) WITNESS: ~ ~~~~:- (Signature):~ ~tet I71-rtfi4ft~,47'11 (Printed Na e) rU~ lature) {Ut~ (1.,1/ if f{./1 J (Printed Name) BY: ~ /b-U..'t,$ , Treasurer This ConveYllnce Approved Ely The Board Of County Commissionel1! Collier County Florida, PUIsuant To Agenda Date:/O-,a-DZ --.tem No:/t ~ 23 Approved as to form and legal sufficiency: ~ A' . o. . V .~ Jennifer elpedio ~ Assistant County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 24 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink pap..:!". Attach to original document. Original documents should he hand ddiviJreJ to the 8uard om!.:c. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.1 ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's siel1ature, draw a line through routing lines #1 throucl1 #4, cOffiolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2, 3, 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chairman's signature are to he delivered to the Bee office only after the BCe has al.,.'ted to approve the item) Name of Primary Staff c.h VI g-fo.-J Se,Cjw(a.... Phone Number ~5 J. - ~4-q 5" Contact Agenda Date Item was 10- 2- <6 -0 'b Agenda Item Number /G, E d,Lj Anoroved by the BCC Type of Document ffn, AJreemVlts Number of Original ~ Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties excepl the BCC Chairman and Clerk to the Board and possibly State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthc document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 10 -2.. -erg (enter date) and all ehanges made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. Yes (Initial) N/A (Not A lieable) 2, 3, 4, 5, 6, 01s NIp., 0% 6~ 0<6 I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16E24' MEMORANDUM Date: October 30, 2008 To: Christal Segura Facilities Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Fire Agreements Attached, please find one (1) copy of the documents referenced above, (Agenda Item #16E24), approved by the Collier County Board of County Commissioners on Tuesday, October 28, 2008. The original can be found in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please call 252-7240. Thank you. Attachments (I) 16 E 24 'Ai . Florida Department of Agriculture and Consumer Services Division of Forestry . WILDFIRE KA"aWD MITIGATION AGREEMENT 55. 590.01, 590.02, Rorida Statutes The Florida Department of Agriculture and Consumer Services, Division of Forestry (DOF) has established a program of wildland vegetative fuel treatment to be effected in and around communities and subdivisions in order to mitigate the risk of homes and property being damaged or destroyed by wildfire, The methods used for this program include prescribed burning, manual and mechanical fuel height reduction, use of herbicides, or a combination of these treatments in accordance with 55. 590.01, 590.02, F.S. CIIoItoo H._ Cu.-' . .... The landowner or agent: (1) Grants DOF access to the land and .ulhority to carry out the practices of this 8lP __ for the purpoee of wUdII.. hazard mitigation b.......nt (2) Understands the work will consist of burning. mowing, grinding, chopping, cutting v........ti.. fuels, or... of hertIicides to reIard .....uWlh of treallId .... on IIIncIs adjoining or in clo8e proximilr to . I1IlIidenliaI cornmunilr known as Golden GlIIIt - . .. and ,..... Farm SMa ProDertles. (3) Undon.....nds the appearance of the work zone ... will be aII8nId, in that standing ~lion up 0 to four i~ in diamelIer may be treaIIld. Umbs on remaining standing nn m.y be damaged as work is pelformed. (4) Repreu"" that the property being treallId and Iocdld below, under this....--Jt. is owned in fee simple, or is in lawful p'. nnlon of the ~, and the property bouncIMM aN mMlad correc:lIy. (5) ~ that the ........... of _to be trenMI a.. -AL and that the type of_ent will be fuel reduction and OI.....ibed bumino. (6) Will make a good fIIith effort to maintain the treallId a.. in the future. Section T..- ....'" 24 49 Range 46 I ......... LoII~* !leg. Min, Sec. !leg. Min. See, 25 11 SON 81 40 3W eanr Collier - Florid. NOW THEREFORE, the above is agnMld by the following parties: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY c__ 8'10(." I")' BOARD OF COUNTY COMMISSIONERS :; CO~70~NTY FLORID~ ,.."" .. .1-__, TOM HENN G, CHAI , ~ . ., ATTE~:' ,..,,'\ DWI~HT BllRbcK,GLERK ',' .' < -;J, :i.'.~ ~'iA '(61' and legal Sufficiency: ( -;'j" . ,:\\ . ~f~~~-~ Assistant County Attorney By: .' iV1"rN(.j,,'O-l~ ~ nnte<l ame ~J=,L.\dc~~ T ec.'4<il1.-...- j"\""",.",,., /0 (bee OACS-lI440 REV.03oU3 O4-COA-oI0231266 . Florida Department of Agriculture and Consumer Services Division of Forestry 16 E 24 . Chert. H. Bronson Commissioner BURNING SERVICES AND PRE-SUPPRESSlON PLOWING AGREEMENT s. 590.02(1 }(g). Florida Statutes SERVICES AVAILABlE: CllHlRACT BURN. - The Florida 0.,..""''' 01 AgrIc:uIlgw _ C-- s.mc:.s. DI1MiaIJ 011"__.. fIlOF), may conlrad _ a u.""'-.. '" hisIher agent to carry out conIrad p1~iI>ed burning in au:o.da..... _ s.5911.02(1)(g), Florida _. A lXlF ee_ Prescribed Burnet" will prepare a presailed bum plan. _ bum aulhoriZalion, ensure the 8"-. ~"Iy d personnel and equipment. and 8lC8aJte the bum with the approval d the District ~ 0"8"lIio", __ for the....... in which the bum is to occur. tar_.... understands and agrees that DOF may use _ personnel in the performance d 1his agreenenl Landowner will not be charged for the use d volunteer labor, ~ is recognized by both pa.- to 1his ag.-.t _ cor-. may ariee, which pro/Iibit the burning -.g carried oul ~,_ party may cancel this agreement by nolifying the _ party d 1his IacI and "'''''.millg in writing PRESCRIBED BURN ASSISTANCE.- The DOFmay provide ~ and equipment to a _ or hisIber agent so the _ or agent can prescribe bum in ac:conIance _s. 59O,02(I)(g), F.S. The I.ao6 _ '" _ ~ (i) will prepare the bum plan, (Ii) _ the bum authorization, (in) ........... "'"IlOflSibilily for c:ontroI of the fire. (iv) remain _ the fire until alI__ are exlinguished and the bum ....... is safe, The DOF will review and __ the bum plan prior to igniion of the ~ fire and keep a copy for DMM>n rec:ools. The DOF reMNW the right to _ the scene, atlIlr securing the fire, in ORIel' to respond to _ '" _ emergencies, PRE-SUPPRESSION PLOWING.- The lXlF may plow pnHUPPf1lSSion _ for a _ '" hisIher agent in lICCORlanoe _s. 590.02(1) (g), Florida stalules. F_ plowing conIribules to pr-. d P-'Y from fire. n is ~ req.-ed by the __ '" hislher agent_lXlF provide: 181 ConIIxt F......-Bum d 1I4 ac:re(s), more '" less, for a_1Iuming as __. The LaI.do..... '" hisIher agent agrees to pay the DOF _ on the published raIe provided in Fire Manual, Chapter 15, o _bed Bum _nee of _ ac:re(s), more or less, for _1Iuming as __, The ~ '" hislher agent agrees to pay the DOF for personnel and equipment based on the published rate provided in Fire Manual, Chapter IS. 181 ~ pIcMing... . 1>,..... of .lL aae(s), more '" less, for ""-1) P........u.... as -_. The ..._._ or ____10 pay lXlFfor equip_It _ on the ~_ _ __ in 1".... _, CMpIBr 15. THE INDICATED SERVlCES SIW.l. BE PROVIDED ON THE FOlLOWING DESCRIBED AREA: The _ '" hisIher agent ~ _ the P-'Y being _ as _ below, under this "9'_.....\1, is _ in tee simple, '" is in -.. p,n,W7, dthe _, and property ~a",~"",,~,. n~J _.-!Lill~_J __~_J__~_~_J 24 49 46 25 11 SON NOW THEREFORE. the above is agreed by the following parties: FlORIDAfOEP~ENT OF AGR~UL TlJRE AND CONSUMER SERVICES, DM~I By: ,~~~,,>-J,'P-'^---I \~. By: Printed Board of d i I,. ['no / \.i ~ J~ -, I ~1 TOMHENNING; . - "---J,.....'-'C--''S(~~~~'''~ ( >- " '-,- Tille CJLv-.~ "'~y..o--'r ~~ C I~C~-7 Ie; 115 '0'2 '1~~l"f'rfi6.:u:..L S'!Inatu") __ _ Date Approval as t;bn, -;;;;~ ~lC'f: JENNIFER A. BELPEDIO; Assistant Comly Attorney ( ~r:;;.1; 1(; -(eee """""""""" (4ess ~ Dale Telephoolll Numberwilh Area Code Certification Number: 87 6 b I S' JU7~T _....J ______.~____~__j - --~~------ 81 40 'NY Collier Florida Illy, Florida ~ DACD-1l431 REV. 3/03 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to origi~al docu~~nt. On~inal doc~me~ts s~~)Uld b,e hand ~Iiver~d t,o the Hoard Whee. The completed routing slip and original J"'''!11!!:,,'nt~ :11~: j" hl' !11r".:'tJed;" I'l'_' P":'~'.!' 1m:... ''':' "f~l'"r !i'.:' >'. ... '".... ,.,. :." ",c.t"". "~l j'-'" ROUTING SLIP Comp1ete routing lines #1 duough #4 as approprialc fur additiona1 signalun:s. dates, and/or infunnatioo needed, If the document is already comp1ete with the of the Cbainnan's si........, dnlw 8 Ii.. tbroueI rouIiruzlines #1 throuab #4, the checklist, .... Ibrwanl to Sue Filson nine#S>' Route to Addressee(s) Office Initials Date n ist in ~oh_ order) 1. -_....~-- 2. --- 3. . . 4. . ___m..._.__ /7{'1" /ojxdtJ5 ' ( ,--- '-- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original docwnent pending BCC approval. Nonnally the primary con1llcl is the person who createdlprepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original docmnents needing the Bee Chainnan's signature are to be delivered 10 the Bee office only after the ace has acted to approve the i_,) Name of Primary SIaff Artie Bay Contact Agenda Date Item was 10/28/08 A roved the BCC Type of Document Attached Phone Number 252-8459 Agenda Item Number 16F I /~r~ Number of Original Documents Attached Resolution Initial the Yes column or mark "MIA" in the Not Applicable column, whichever is Yes NI A (Not riate. (Initial) ADDlicable) 1. Original document bas been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC eRe Chairman and CIeri< to the Board and oossiblv Stale Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ('FiC Office and all other oarties exceot the BCC Chainnan and the Clerk to the Board ~ 3. The Chairman's signature line date has been entered as tbe date ofBCC approval of the ~(' document or the final nef>otialed conlract date whichever is applicable. CF- 4. "Sign here" tabs are placed on the appropri:ite pages indicating where the Chainnan's CPt,: si""ature and initials are reauired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain CFtC time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by tbe BeC on ICh,yrfj(enter date) and all cbanges Cf,Z" N1A is not made during the meeting bave been incorporated in tbe attached document. Tbe an optinn for County Attornev's Office bas reviewed tbe cbanllcs, if applieable. line 6. INSTRUCTIONS & CHECKLIST I: FonnsI County Forms! ace Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 lor 1~ MEMORANDUM Date: October 29, 2008 To: Artie Bay EMS, Operations Analyst From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2008-314 Attached please find the original document referenced above, (Agenda Item #16Fl) approved by the Collier County Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If you have any questions, please call me at 252-7240. Thank you. RESOLUTION NO. 2008 - 314 It>r 1. .., .. . RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CERTIFYING THAT THE APPLICATION FOR AND USE OF EMS COUNTY GRANT FUNDS WILL IMPROVE AND EXPAND PRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND WILL NOT SUPPLANT EXISTING COUNTY EMS BUDGET ALLOCATIONS. WHEREAS, EMS Department Paramedics and Paramedic/Firefighters provide basic and advanced life support care and highly technical service to the citizens and visitors of Collier County; and WHEREAS, the funding of the EMS portion of the EMS/Fire Consolidation Study not to exceed $100,000, the purchase of medical rescue supplies and equipment and provision of training classes shall greatly enhance the effectiveness of pre-hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The $170,111,00 in the EMS County Grant will be used to fund the EMS portion of the EMS/Fire Consolidation Study not to exceed $100,000, medical/rescue supplies and equipment and training classes and these funds will not be used to supplant existing EMS Department budget allocations, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .~d I) day of Cc It \ )(' 1" , 2008, '.' t,^ I .......\'. J 'J~~ ~, ATTEST:, .. Dwffm:r.E"BR()(;K, ~lerk " ',. ,-..,.< BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ~.~'-.......~ '.. "..,.' ," BY" "0 attest's, tiJ' .," k ,~ ~lonature onl" Approved as to form and legal sufficiency: Item# 110 F l ~C'~~~) Je Ifer BelpedlO Assistant County Attorney Agenda (n'" t. )0 ~ Date ~ Date loIZ'Iflo'i Rec'd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 F 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original Jocument. Original dn("lIrn~pl, -,I1"III(! he- :"Jotl delivered I" Ilk' Board nJlke The Clllllr1dcd muling slip and original dnrllnwnl~ :ln~ 1<1 h(~ j(llwilnkd 1,\ ilw g',olld ()jiin" 'l>1h "Hf" '!I I ',;I"n.1 ROUTING SLIP Complete routing Hoes #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. lfthe document is already complete with the exceotion of the Chairman's si2J).8tw'e, draw a line throU2t routine lines # 1 through #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routirnz order) I. -~.- 2. 3. ..-.-...- 4. /O!1G' JcY1 "Iff ,,_ _ 5. Sue Filson, Executive Manager Board of County Commissioncrs , 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infomtation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chainnan's signature are to be deliven:d to the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff Artie Bay Phone Numher 252-8459 Contact Agenda Date Item was 10/28/08 Agenda Item Number 16FT Approved by the BCC Type of Document Grant Application Number of Original l-M&R,Need Anached Documents Anached Ori~inal- Will Dick un Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is Yes N/A(Not appropriate, (Inilial) ADDlicable) I. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC (11''''' Chairman and Clerk to the Board and Dossiblv State Officials.) \ Ie 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ( 'rC Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne~otiated contract date whichever is aDDlicable, (It'(' 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 1ft.: 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. c; '( Some documents are time sensitive and require forwarding to Tallahassee within a certain (\' ' time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on iil'f,n b (enter date) and all changes N"',~ made during the meeting have been incorporated in the attached document. The ""Ie ~f4' !Pi;,,; ....._....i,,-... County Attorney's Office has reviewed the ChaUl!es, if aDDlicable. . t liheli. INSTRUCTIONS & CHECKLIST I: Fomts/ Cmmty Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F 1 MEMORANDUM Date: October 29, 2008 To: Artie Bay EMS, Operations Analyst From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Grant Application Attached please find the original document referenced above, (Agenda Item #16Fl) approved by the Collier County Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If you have any questions, please call me at 252-7240. Thank you. 16F EMS COUNTY GRANT ApPLICAnON FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all Items 10. Code (The Slate Bureau of EMS will _Ian the 10 Code -leave this blenkl C 1. Coun Neme: c_,coo,,, Business Address: 3301 T.mlaml Trail East Nliplea, FL .)t112 Tele hone: 1".1252...... Federal Tax 10 Number Nine Oi It Number, VF-_ 2. Certlflcatlon: (The applicant documents for the county) I ' Its attachments are true a comply fully with the concIIIon 51 Prtnted Neme: Tom Henning PosItIon nle: Cll8lrmon ~ ~ il ,~l ~,.. 111 '", ;,-= ~:" 0"" 0 .... :It O. () -;. ~Ql' "- -..... _ "I"'.' :' - _ _.' .~~ E-mail Address: J....Ocolllergov.f\llt A ~\l c', "4. RaoIutlon: Attach a CIITllnt resOllAlon from the Board of County Commlealone,. certifying the grant funds will Improve and expend the county pr&-hoepilal EMS system and will not be used to supplen1 alrrenllevels of county expenditures. 3. Conl:acl Person: (The Individual with direct knowledge of the project on a day-to-day basis and has responsibill1y for the Implementation of the grant activijles. This per50n Is authoriZed to sign project repoits and may request project changes, The signer and the contact person may be the same.) Name: "'''P9 Position TiUe: "'" Addreaa: ""s,__ --: NIIp/M,R.J41ot Tele hone: _"'..." Fax Number: '2301"...... 1 5. Budget: Complete a budget pagels) for each orgenlalfon to which you ahaII provide lUnde, Llallhe organization(s) below, (Use additional pages If necessary) EMS Portion of EMS/Fire Consolidation Study not to exceed Medical Equipment/Supplies $100,000 30.111 Training Medical/Rescue EqUipment 10.000 30.000 DH Fonn 1884, Rev. June 2002 3 .r:;' co 0. ., '" o 0" 3 "" <D lC !!. Ul ~ n <D ::I o '< 16F 1 !c.);,.t BUDGET PAGE A. SI'lrlee Ind Beneflll: For each position tide, provide the amount of salary per hour, FICA per hour, other fringe benefits. and the total number of hours. Amount TOTAL Salaries TOTAL FICA Grand tolal Salaries and FICA B. Expens..: These are travel coats and the usual, ordinary, and Incidenlal expenditures by an agency, sucl'l as, commodities and supplies of a consumable nature excluding expenditures clas8ified as DIlIiratlna """'tal outJav (see next cal8llOl'YI, List the Item and, If applicable, the quantity Amount EMSlFire Consolidation Study (not to exceed) $100,000 Medical EqulpmenVSupplles 30,111 Training 10,000 TOTAL S 140,111 c. Vehicles, equipment, end other operating capital outlay means equipmen~ fixtures, and other tangible personal property of a non consumabla and non expendable natura with a normal expected life of one 11 I vear or mora. Lilt the Item Ind, If Ippllceble, the quantity Amount Medical/Rescue Equipment $30,000 TOTAL $ 30,000 Grand Total S 170,111 DH FOII11 tllll4, Rev, June 2002 4 16F 1 FLORJDA DEPARTMENT OF HEAL TH EMS GRANT PROGRAM BgQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401,l13(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre-hospital EMS. DOH Remit Payment To: Name of Agency: Collier County Board of County Commissioners Mailing Address: 3301 Tamiami Trail East Naples, FL 34112 Federal Identification number F 558 Signature Ie /';;>{ c'iS Date Authorized Official: Tom Henning, Chairman Type Name and Trtle .'.1fl' 1<t," . .. Ii! ... <;1~ ~~ Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Flor/da 32399-1738 C1 ""RA'I:bJ~ this line. For use by Bureau of Eme Appre'ved as to form & I gai sufficiency Grant Amount For State To Pay: $ Grant ID: Code: Approved By : Signature of EMS Grant Officer State Fiscal Year: Date Oraanization Code 64-25-60-00-000 ~ N_ ~ N2000 Obiect Code 7 Federal Tax ID: VF _________ Grant Beginning Date: October 1, Grant Ending Date: September 30, DH Form 1767P, Rev. June 2002 5 16F 1 GENERAL CONDITIONS AND REQUIREMENTS The EMS County grant general conditions and requirements are an integral part of the county grant agreement between the agency/organization (grantee) and the state of Florida, Department of Health (grantor or department), In the event of a conflict, the following requirements shall always be controlling: FINANCIAL FUND ACCOUNTING: All state EMS grant funds shall be deposited by the grantee in an account maintained by the grantee, and assigned an unique accounting code designator for all grant deposits and disbursements or expenditures thereof. All state EMS grant funds in the account maintained by the grantee shall be accounted for separately from all other grantee funds, USE OF COUNTY GRANT FUNDS: All state EMS grant funds shall be used between the beginning and ending dates of the grant solely for activities as outlined in the Notice of Grant Award letter, its attachments if any, and the application including its budget with its revisions, if any, on file in the state EMS office. The grantee is not restricted to staying within the line item amounts within the approved grant budget. However, the grantee must adhere to the approved total grant budget. Any expenditures beyond this budget are the full responsibility of the grantee. ROLLOVERS Any unencumbered EMS county grant program funds as of September 30, of each year, including interest, remaining in the assigned grantee account at the end of a grant period shall be reported to the department. The grantee will retain lhese funds in the EMS County Grant account and include them in a budget revision request after receipt of approval of their next county grant application, 6 16F .. 1 DISALLOWED EXPENDITURES No expenditures are allowable as grant costs unless they are clearly specified as a line item in the approved grant budget, including approved change requests, or are clearly included under an existing line item, Any disallowed EMS county grant expenditure shall be returned to the EMS county grant account maintained by the grantee within 40 days after the department's notification, The costs of disallowed items are the responsibility of the county. VEHICLES AND EQUIPMENT The grantee shall own all items, including vehicles and equipment purchased with the state EMS grant funds, unless othelWise described in the approved grant application, The grantee shall clearly document the assignment of equipment ownership and usage; and maintain these documents so they are available to the department. The owner of the vehicle shall be responsible for the proper insurance, licensing and. permitting and maintenance. All equipment purchased with grant funds shall continue to be used for pre-hospital EMS or the purpose for which it was purchased throughout its useful life, When any grant-funded equipment is no longer usable, it may be sold for scrap or disposed of in the customary procedure of the receiving agency, TRANSFER OF PROPERTY A private organization owning any equipment funded through the grant program in whole or in part and purchased that equipment to provide services for a municipality, county or other public agency ceasing operation within five years of the ending date of a grant awarded to the organization shall transfer the equipment or other items to the local agency, There shall be no cost to the recipient organization. This provision is applicable when services cease operating due to a contract ending as well as any other reason. REQUESTS FOR CHANGE After a grant has been awarded, all requests for change shall be on DH Form 1684C EMS Grant Program Change Request, June 2002, The grantee shall obtain written approval from the department prior to making the requested changes, The following changes must be requested: 1. Changes in the project activities. 2. Redistribution of the funds between entities or equipment approved. 3, Establishing a new line item in the budget. 4, Changing a salary rate more than 10%, SUPPLANTING FUNDS The applicent cannot propose to use grant funds to supplant or replace any county or other funding source, Funds received under the county award grant program cannot be used to fulfill the matching requirement for the matching grant program, 9 . ... J.O( 1-" DEPOSIT OF FUNDS County grant funds provided to an applicant shall be deposited in a separate account. All interest earned shall be documented on the required reports. REPORTS Each grantee shall submit two reports to the department. The due dates for the required reports shall be specified in the letter from the department notifying the grantee of the grant award. These reports shall include, at a minimum, a narrative of the activities completed or the progress of grant activities during the reporting period. A report shall be submitted by the due date whether or not any action or expenditures have occurred. GRANT SIGNATURE The authorized individual listed on page one of the application shall sign each original application. Should this not be possible before the due date a letter shall be submitted to the department explaining why and when the signed application shall be received. RECORDS The grantee shall maintain financial and other documents related to the grant to support all revenue and expenditures, A file shall be maintained by the grantee, which includes a copy of the "Notice of Grant Award' leUer, a copy of the application and department approved budget and a copy of all approved changes. FINAL REPORTS Within 120 days of the grant ending date a final report shall be submitted to the department. The final report shall at a minimum contain a narrative describing the activities conducted including any bid or purchasing process and a copy of all invoices, canceled checks relating to the purchase of any equipment and supplies, If the activity funded was for training a list of all individuals receiving the training shall be submitted along with the dates, times and location of the training. If the grant was for training to be obtained by staff then a copy of all invoices and payment documents for the training shall also be submitted, COMMUNICATIONS EQUIPMENT The grantee shall have all communications activities, services, and equipment approved in writing by the Department of Management Services, Information Technology Program (ITP). The approval shall be dated after the beginning date of the grant. Any commitment to purchase the requested equipment and service shall also be dated after the beginning date of the grant. 10 16F 1 EXPENDITURES No expenditures may be incurred prior to the grant starting date or after the grant ending date, Rollover funds may be used to meet expenditures prior to receipt of current year funds, CREDIT STATEMENT The grantee ensures that where activities supported by this grant produce original writing, sound recording, pictorial reproductions, drawings or other graphic representations and works of any other nature, notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the provider shall include the statement: "Sponsored by [Your Organization's Name] and the State of Florida, Department of Health, Bureau of Emergency Medical Services." If the sponsorship reference is in written or other visual material, the words, "State of Florida, Department of Health, Bureau of Emergency Medical Services" shall appear in the same size letter or type as the name of the grantee's organization, One complimentary copy of all such materials shall be sent to the department within three weeks of their reproduction and delivery to the grantee, If the proper credit statement is not included, or if a copy of each item produced is not provided to the department within three weeks, the cost for any such materials produced shall be disallowed. Where activities supported by this grant produce writing, sound recordings, pictorial reproductions, drawings, or other graphic representations and works of any similar nature, the department has the right to use, duplicate and disclose such materials in whole or in part, in any manner or purpose whatsoever and others acting on behalf of the department. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State, ror the exclusive use and benefits of the state. Pursuant to section 286,02 (1), F.S., no person, firm or corporation, including parties to this grant, shall be entitled to use the copyright, patent or trademark without the prior written consent or the Department of State. FINANCIAL AND COMPLIANCE AUDIT REQUIREMENTS This is applicable, if the provider or grantee, hereinafter referred to as provider, is any local govemment entity, nonprofit organization, or for-profit organization, An audit, performed in accordance with section 215,97, F.S. by the Auditor General shall satisfy the requirement of this attachment. STATE FUNDED This part is applicable if the provider is a nonprofit organization that expends a total of $100,000 or more in funds from the department during its fiscal year, which was not paid from a rate contract based on a set state or area-wide fixed rate for service, and of which less that 11 16f 1 $300.000 is federally funded, The determination of when a provider has "expended" funds is based on when the activity related to the award occurs, The grantee agrees to have an annual financial audit performed by independent auditors in accordance with the current Government Auditing Standards issued by the Comptroller General of the United States, Such audits shall cover the entire organization for the organization's fiscal year. The scope of the audit performed shall cover the financial statements and include reports on internal control and compliance, The reporting package shall include a schedule that discloses the amount of expenditures and/or receipts by grant number for each grant with the department in effect during the audit period. Compliance findings related to grants with the department shall be based on the grant requirements. including any rules. regulations. or statutes referenced in the grant. The financial statements shall disclose whether or not the matching requirement was met for each applicable grant. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department grant involved, If the grantee receives funds from a grants and aids appropriation. the provider shall have an audit. or submit an attestation statement. in accordance with Section 215.97. F, S. The audit report shall include a schedule of financial assistance. which discloses each state grant by number and indicates which grants are funded from state grants and aids appropriations, The grantee has "received" funds when it has obtained cash from the department or when it has incurred reimbursable expenses. The grantee agrees to submit the required reports. SUBMISSION OF AUDIT REPORTS Copies of the audit report and any management letter by the independent auditors. or attestation statement, required by this attachment shall be submitted within 180 days after the end of the grantee's fiscal year to the following, unless otherwise required by F. S.: A, Department of Heaith Office of the Inspector General 4052 Bald Cypress Way, Bin A03 Tallahassee. Florida 32399-1704 B. Department of Health Bureau of Emergency Medical Services County Grant Manager 4052 Bald Cypress Way. Bin C18 Tallahassee, Florida 32399-1738 C, Submit to this address only those audits performed or attestation statementa prepared In accordance with Section 215.97, F. S.: Office of the Auditor General Post Office Box 1735 Tallahassee. Florida 32302 12 16F 1 RECORDS RETENTION The grantee shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five vears from the date the audit report is issued, unless extended in writing by the department. 13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the 2 excention of the Chairman's simature, draw a line throu!:!t routine: lines #1 throue:h #4, cOffinlete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routin2 order) 1. - -, ~.._.._. ........ 2, ~, ---,'- - ," " 3. < --- ------.-- 4, (/"'iif ~._:'---'---"- It{' " ( ,)J!, 5, Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Nonnally the primary wntact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivere,d to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Docwnent Attached Phone Nwnber (Ih\ j ',\"11')( I ( i':::r,;)( f\:I\ llC ,r Agenda Item Number t -\ ',('V\'\ Number of Original Documents Attached /'1 ir.\\ INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) 2, All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3, The Chairman's signature line date has been entered as the date ofBCC approval of the document or the fmal ne otiated contract date whichever is a licable, 4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uircd. 5, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! 6, The document was approved by tbe BCC on 'i, (enter date) and all changes made during "the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. )<:: , (, ( ) < .) /(01 -' , ' '---I- 1'\ '"I I' --' 'C I /)c-,(' .l.::l,_.-ti~ / l , - ! ~ . --,- f~'il I ICQD ' " /y\.( N/A (Not A licable) Yes (Initial) if (" it,' ( i l~ ('fY (if\' 1: Fonns/ County Fonns/ BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16f 2' MEMORANDUM Date: October 30, 2008 To: Christine Chase Emergency Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: State and Federally Funded Grant Agreement Enclosed please find four (4) original Agreements, referenced above, (Agenda Item #16F2), approved by the Collier County Board of County Commissioners on Tuesday, October 28, 2008. Please forward a fullv executed ori!!inal to the Minutes and Records Department for the Board's Records. If you should have any questions, please call 252-7240. Thank you. Enclosure (4) 16r. 2' Contract Number: 09-BG-03-09-21-01-_ STATE and FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County, (hereinafter referred to as the "Recipient"), THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A, The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below: and C, The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK, The Recipient shall perfonn the work in accordence with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified In Attachment C, (3) PERIOD OF AGREEMENT, This Agreement shall begin on October 1, 2008 and shall end on September 30, 2009, unless terminated eartier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's perfonnance under this Agreement shall be subject to the federal Common Rule: Unifonn Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No, A-ll0, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Orgenlzatlons," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No, A-21 , "Cost Principles for Educational Insmutlons," or OMB Circular No, A-122, "Cost Principles for Nonprofit Organizations," If this Agreement 16F 2 is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31,2 and 931,2, (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipiant shall ensura that audit working papers are available to them upon request for a period of five years from the date the audit report Is issued, unless extended in writing by the Division, The five year period may be extended for the following exceptions: 1, If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved, 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition, 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title, (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consuttants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents, "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p,m.. local time, on Monday through Friday, "Agents" shall include, but not be limited to, auditors retained by the Division, (6) AUDIT REQUIREMENTS For Federal Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division, "Reasonable" shall ordinarily mean normal business hours of 8:00 a,m, to 5:00 p,m" local time, Monday through Friday, (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement, 2 2' 16'l"" t" " (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and In the event that the Recipient expends $500,000 or more in Federal awards In its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, EXHIBIT 1to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended In Its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. 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 Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph, In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for audltee responsibilities as provided In Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Fedaral awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required, In the event that the Recipient expends less than $500,000 in Federal awards in Its fiscal year and chooses to have an audit conducted In accordance with the proviSions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds, (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section ,320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurllla.parrlsh@dca.state.f1.us] and Division of Emergency Management (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10~ Street Jeffersonville, IN 47132 3 16F 2~ Other Federal agencies and pass-through enUttes in accordance with Sections ,320 (e) and (I), OMB Circular A-133, as revised, (I) Pursuant to Section ,320 (I), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section ,320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurtlla.parrlsh@dca.state.f1,us] and Division of Emergency Management (progrem office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other infonnation required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10,550 (local govemmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done In accordance with OMB Circular A-133 or Chapters 10,550 (local govemmental entities) or 10,650 (nonprof~ and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has noUfied the Recipient of such non-compliance, Q) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a pUblic accountant licensed under Chapter 473, Fla, Stat. The IPA shall state that the audit complied with the applicable proviSions noted above, The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. For State Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. 4 16F 2 (b) These records shall be available at reasonable times for inspection, reView, or audit by state personnel and other personnel authorized by the Department or the Division, "Reasonable" shall ordinarily mean normal business hours of 8:00 a,m. to 5:00 p,m" local time, Monday through Friday, (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215,97, Fla, Stat., it shall comply with the follOWing: If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215,97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer: and Chapters 10,550 (local government entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not inciude Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements, In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 2t 5,97(8), Fla, Stat. This includes submission of a reporting package as defined by Section 215,97(2)(e), Fla, Stet. and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215,97, Fla. Stat, is not required, In the event that the Recipient expends less than $500,000 in state financial assistance In its fiscal year and elecls to have an audit conducted in accordance with the proVisions of Section 215,97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (I.e" the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities), Additional information on the Florida Single Audit Act may be found at the following website: hllO://www.state.fi.uslfsaalstatutes.html. (e) Report Submission 1, The annual financial audit report shall include all management lellers and the Recipient's response to all findings, including corrective actions to be taken, 2, The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 5 16~ , 2' 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient ~ to each of the following: The Department of Community Affeirs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurllla.parrlsh@dca.state.fJ.us) and Division of Emergency Managemsnt 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4, Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted on time as required under OMB Circular A-133, Florida Statutes, and Chapters 10,550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, 5, Recipients. when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done In accordance with OMB Circular A-133 or Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package, (I) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance, (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla, Stat. The IPA shall state that the audit complied with the applicable provisions noted above, The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year, 6 16f 2"1 j!;~ ;:!i.~d (7) REPORTS (a) The Recipient shell provide the Division with quarterly reports and a close-out report, These reports shall include the current status and progress by the Recipient and all subrecipienls and subcontractors in completing the work desclibed in the Scope of Work and the expenditure of funds under this Agreement. in addition to any other information requested by the Division, (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report, The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31, (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES, "Acceptable to the Division" means that the work product was completed in accordance wlth the Budget and Scope of Work, (e) The Recipient shall provide additionai program updates or information that may be required by the Division, (f) The Recipient shall provide eddUional reports and information identified In Attachment D, (8) MONITORING, The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time peliods, and other performance goals are being achieved, A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report, In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoling procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures, The Recipient agrees to comply and cooperate with any monitorlng procedureS/processes deemed appropriate by the Division, In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional Instructions provided by the Division or the Department to the Recipient regarding such audil. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks, 7 16'- Ii" ! 2' (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, E!a ~, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties ansing from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that It is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for Its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the fOllowing events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the opllon to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the nght to exercise such remedies, and without becoming liabie to make any further payment: (a) If any warranty or representation made by the Recipient In this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or If the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If matenal adverse changes occur in the financial condition of the Recipient at any time dunng the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date wrttten notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with Incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty celendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the following remedies, either concurrently or consecutively: 8 16F 2' (a) Terminate this Agreement, provided that the Recipient is given at least thirty days pnor wntten notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepeid, by registered or certified mail-return receipt requested, to the address in paragraph (13) herein; (b) Begin an appropnate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. Issue a wrttten waming to advise that more senous measures may be taken If the situation is not corrected, 3. advise the Recipient to suspend, disconllnue or refrain from incurnng costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (I) Exercise any other nghts or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. if the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other nght or remedy of the Division, or affect the later exercise of the same nght or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days wrttten notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, Jaws and regulations, failure to perform on time, and refusai by the Recipient to permit publiC access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended, (b) The Division may terminate this Agreement for convenience or when it determines, in Its sole discretion, that continuing the Agreement would not produce beneflclal results In line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a wntten amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. 9 16r 2 (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination, The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authonzed by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined, (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in wnting, either by hand delivery, or first ciass, certified mall, return receipt requested, to the representative named below, at the address below, and this notification attached to the onginal of this Agreement. (b) The name end eddress of the Division contract manager for this Agreement Is: Jenene Helms Flonda Division of Emergency Management 2555 Shumard Oek Boulevard Tallahessee, Flonda 32399-2100 Telephone: 850-413-9920 Fax: 850-488-4198 Email: ienene.helmstll>em.mvfionda.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan Summers Collier County Emergency Management 3301 Tamiaml Trail East, Bidg F Naples, Florida 34112 Telephone: 239-252-8000 Fax: 239-252-5008 Email: dansummerstll>collieroov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as oullined in (13)(a) above. (14) SUBCONTRACTS If the ReclDlent subcontracts any of the work recurred under this Aareement. a CODY of the unslaned subcontract must be forwarded to the Division for ravlew and aDDroval before It Is executed bv the ReclDlent, The Recipient agrees to incJude in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (II) the subcontractor is bound by all applicable state and federal laws and regulations, and (Iii) the subcontractor shall hold the Division and Recipient harmiess against all 10 16F 21 claims of whatever nature arising out of the subcontracto~s performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontracto~s progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a wrttten statement to the Division as to whether that subcontractor is a mlnortty vendor, as defined in Section 268.703, Fla, Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency, (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A and A-I - Scope of Work Attachment B - Budget Attachment C - Program statutes, Regulations and Program Requirements Attachment D - Reports Attachment E - Justification of Advance Attachment F - Warranties and Representations Attachment G - Certification Regarding Debarment Attachment H - Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount notto exceed $98,726, subject to the availability of funds. (b) By its execution of this Agreement, the Recipient also authorizes the Division to pay on its behalf $2,847 for the recumng charges for the satellite communications service from the total allocation provided to Recipient of $1 01 ,573. (c) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla,Stat.. and Is contingent upon the Recipienrs acceptance of the rtghts of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-ll0, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be inciuded In this Agreement as II 16F 2 Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of $ is requested (d) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A and B of this Agreement. If the necessary funds are not svallable to fund this Agreement as a result of action by the United States Congress, the federal OffIce of Mansgement and Budgeting, the State Chief Financial OffIcer or under subparagraph (20)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty daye of receiving notice from the Division. The amount of funds available pursuantto this rule chapter (Rule Chapter 9G-19,011, Florida Administrative Code) may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or plenning funds. Any requests received after October 31, 2009, may, In the discretion of the Division, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. Changes to the amount of funding to be provided may be accomplished by notice from the Division to the Recipient, in the form of certified mail, return receipt requested, The Division may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above, Should the Recipient determine it does not wish to eccept the award of additional funds, the Recipient shall provide notice to the Division contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall prOVide to the Division its wrttten notice of acceptance within forty-five days of receipt of the Award Letter. The terms of this Agreement shall be considered 10 have been modified to include the additional funds upon the Division's receipt of the wrttten notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Division when the offer of additional funds is made. All funds received hereunder shall be placed in an interest-beartng account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. 12 16F'2 The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Wierk, VVhenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices, Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular epplies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES, At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three yeare' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure Is lower (Rule 9G.19,011, Florida Administrative Coda). Reclplant's general revenue funding for 911 services, emergency medical services, law enforcement, criminal Justice, pUblic works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be Included In detenmlnlng the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule Chapter 9G-19, Florida Administrative by Its execution of this Agreement, and as a condition precedent to receipt of funding. Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non.federal funds. All payments relating to the Agreement shall be mailed to the following address: (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made peyable to the order of "Depertment of Community Affairs', and mailed directly to the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee Fl32399-2100 In accordance with Section 215,34(2), Fla. Slat., if a check or other draft is returned to the Division for collection, Recipient shall pey the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft, whichever is greater. 13 1 '"2''''' 6F', li!~ (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and matertals submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulflll the requirements of this Agreement. All of said information, representations, and matertals are Incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days wrttten notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligetlons to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions artsing out of this Agreement shall be in the Circuit Court of leon County, If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval grented to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterperts, anyone of which may be taken as an ortginal. (e) The Recipient agrees to comply with the Amertcans With Disabilities Act (Public law 101-336, 42 U,S.C, Section 12101 ~,which prohibits discrtminatlon by pUblic and prtvate entities on the besis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (I) Those who have been piaced on the convicted vendor list following a conviction for a public entity crime or on the discrtmlnatorv vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a pUblic building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discrtminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its prtncipais: 1. are not presently debarred, suspended, proposed for debarment, deciared ineligible, or voluntartly excluded from covered transactions by a federal department or agency; 2, have not, within a five-year pertod preceding this proposai been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, 14 16F 2 attempting to obtain, or performing a public (federal, state or iocel) transaction or contract under publiC transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, brtbery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or othelWise crtminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(9)2. of this certification; and 4. have not within a five-year perted preceding this Agreement had one or more publiC transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall eltach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by emall or by facsimile transmission) the completed "Certification Regarding Debannent, Suspension, Ineligibility And Voluntary exclusion" (Attachment G) for each Intended subcontractor which Recipient plans to fund under this Agreement. The fonn must be recalved by tha Division before the Recipient entera Into a contract with any subcontractor. (hI The State of Florida's Derfonnance and obllaatlon to pav under this Aareement Is contlnaent upon an annual appropriation bv the Lealslature, and sublect to anv modification In accordance with Chapter 216, Fla, Stat ortha Florida Constitution, (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, OJ Any bills for travel expenses shall be submitted In accordance with Section 112.061, Fla. Stat. (k) The Division reserves the rtght to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other matertal subject to the provisions of Chapter 119, Fla, Stat., which the Recipient created or received under this Agreement. (I) If the Recipient Is allowed to temporarily invest any advances of funds under this Agreement, any Interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Flortda will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthortzed alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthortzed aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained In Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Flortda's Government in the Sunshine law (Seclion 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of 15 16F 2 any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla, Stat. (0) All unmanufactured and manufactured articles, matertals and supplies which are acquired for public use under this Agreement must have been produced In the United States as required under41 U,S,C. lOa, unless It would not be in the public interest or unreasonable In cost. (20) lOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence iegisiation or any other official action by the Florida legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowiedge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for infiuencing or attempting to influence an officer or empioyee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract. the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal approprtated funds have been paid or will be paid to any person for infiuencing 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 e Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement. the Recipient shall complete and submit Standard Form-lll, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a matertal 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 entertng into this transaction imposed by Section 1352, Titie 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, (21) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND All COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE 16 16F'2 OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA, (a) If the Recipient has a pre-existing patent or copyrtght, the Recipient shall retain all rtghts and entnlements to that pre-existing patent or copyrtght unless the Agreement provides otherwise. (b) If any discovery or invention is developed In the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Flortda will seek patent protection in its name. Any patent rtghts accruing under or in connection with the performance of this Agreement are reserved to the State of Flortda. If any books, manuals, films, or other copyrtghtable matertal are produced, the Recipient shall notify the Division, Any copyrtghts accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Flortda, (c) Within thirty days of execution of this Agreement, the Recipient shall disciose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyrtght. The Recipient shall retain all rtghts and entitlements to any pre-axistlng intellectual property which Is disclosed, Failure to disciose will Indicate that no such property exists. The Division shall then, under Paragraph (b), have the rtght to all patents and copyrtghts which accrue durtng performance of the Agreement. (22) lEGAL AUTHORIZATION, The Recipient certifies that it has the legal authortty to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authortty to legally execute and bind Recipient to the terms of this Agreement. 17 16F12 (23) ASSURANCES. The recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: CO~L1 COUNW BOARD OF C TY CO ISSIONERS . By: ---.,' 7Jt---- Tom Henning, Chairman nh b/Cv<, , Date: FEID# 59-60000558 "\.' :-.:- ", ATTEST: pwigbt~ABrock, Clerk -~. ',," 'on ~ By:,,> Deputy Qlerk Attest. ."to- 0.4 f . .';-j .fgneturt Qft,N Approved as to Form and Legal Sufficiency ~~o_ Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Name and Title: W, Craio Fuoate, Director, Division of Emeroencv Manaoement Date: 18 16f EXHIBIT - 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal Agency: U.S. DHSIFEMA (Department of Homeland Security/Federal Emergency Management Agency) Catalog of Federal Domestic Assistance title and number: EMPG/97.042 (Emergency Management Performance Grant) Award amount (Federal funds will be awarded at a later date) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable at thla dme. Federal funda will ba awarded at a lalar dala within this contract year, STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSJST OF THE FOllOWING: SUBJECT TO SECTION 21U7, FLORIDA STATUTES: Slala Project (list Sfate awarding agency. Catalog of Sfate FInancIal Assistance title and number) Slala Awarding Agency: Division of Emeroenev Manaaement Calalog of Slala Financial Asalslance TItle: Emeroenev Manaaement Proorarna Catalog of State Financial Assistance Number: ~ COMPUANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 262.373, Florida Statutes and Rule Chapter 9G-19, Florida Admlnlatratlve S<2l!!. Eligible activities for these funds are salartes and expenses relating to maintaining and enhancing county emergency management plans and programs, Eligible recipients for these funds are the 67 Flortda counties. 19 '2- 16F 2 Attachment A and A-1 Scope of Work Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund Is intended to enhance county emergency management plans and programs that are consistent with the Stale Comprehensive Emergency Menagement Plan and Program (reference Rule Chapter 9G-6, Flortda Administrative Code and Chapter 252, Flortda Statutesl. This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population, In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Division and attached hereto as Attachment A-l. Subsequent revisions during the term of this Agreement shall be a wrttten modification in accordance with Paragraph (4) of this Agreement. 20 m~... ~I!.~ '"Q:-:-n '" .. g ! "'... c: tl:l if 5- S" $.. E; e -.. g .....0 =- S' fotoj "~r '. g " ! N - ~g'e:i'>"'''"' ..... ;.. ~ IT' ~ Ii ~ l! ~ 5 ~o:sn:toi5"an ;S' N ~ ~ E [ sa. ~ " -< ~nnS tt.lN Q~N!i ~~~~if ;l i;:: Ii 8 ~ II ~ Q e. ~ \'I a~. m S "oR<> i'E. g 8~ ~a: & --l vo: t...lfll 0 ::-'E ~8 8; ~ &g t;; B ti ~~ ~ 8' i I [ S' a. n 0 ! S' g. ~ ~';" ;2 !t~ ~~ :;:g = nO l! '!l- :, < 5'0 ?;q ~~ ~i g:f [.. a '< ~'g H !H F' g ~,Oq ~ ..:~, g e! 5 ~ Etc 2. 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[if ~i a,!!l 8' "'. ~~ "'ia 5-! a, ;] i~ !!l ~ So .,,0 err .... o~ ~"' Ci'~ - >- ~ m ~'~ 16F g>b'~S:tlO~li';;;!li' 1f~[a Ff'a ~~11~ '" 0 ,,_' n ~ ~ "~~ e'O' ,. c-" (11 o .. t7 .. n Ci" " '" "tl"tl-'- -- e:=i= ......0 ...: S!: c; ~ gJ ,,5'<~.:-?>~ 0> N r/.l ""Ill 0.., ~ -, ~ ii ~ [ nz o 0 >- n 5 Cl i~ " '" a, ~ i 0- n '" - "'. I 11 n ia ~ ~ o i ? '" o .. ll: I n 2"'" o.i'''. . r".~ '" :3 .. N o o "" g 8~ 'lltlO g,~ ~~ '"'~ !i1 ~ ~ - l~ g~~ 1:'[''' ~~6'~f~ F 2 0. CT~ S ~::!~ ! P"'~ e, Il a M' !'! ..ll _ 0 !ifi'~ S" ~...., .. ~ .. < .. ~ ~ ~ :~~ .. " w_ [OOO~ ,. :c>'" ~g:s:~ ~ ~~ ~= l~1 ~o.!:ll~ iil _, '" 'f .. !l a: ~.::! g,s ~~- ~ @I.- ?>" o N g.g~ i'ml~'1 "$[~~ 0;' ~. ~ - ::!!'" !1.' :r . "0 g _. e. ! ~ (')'eI gZ "~ ~ ..." .~ p . " ...~ . . w 0 .. 0. 0. ~~::s ..:!l ~l!! ~ . . '" r or :-~ ~, 8 go !"~ I"" ~_. w. ~ 8 3 a: N!J e< -0. o 8 5' ~. " [ ~ ~ !l _ !J 0 i I ~ " 0' " a " !l - ~ ~ ;. [ !" - .!::! i ~ ~ N 8 !" (') i 00 w g I !..> 0 N 0 0 " '" g: '" (') I 0 0 8~ ? '" ~ ::E! 'li"" 0 o ~ 8: .." ~ ciil ~~ j ,..- " ~ ~ ::E! ~ I ~ 5' ~. .. g. 8- n e f " e: " 8 "" '" " ::l g 0 ~ .." if g' I, 0- ~ .. " ~ I!C 0. ~ jl" 8 ~ ~ ~. l ~ 8- ~ .. ~ Co ~ " I -' Attachment B Budget 16F The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a), FUNDINGI CONSIDERATION). A seDarate budaet form for the Emeraencv Manaaement Performance Grenl IEMPGI Dortlon of this subarant will be Dravlded when federal funds are awarded bv the Division Cateaorv AntlclDated EXDendlture Amount Salartes/Frtnge Benefits $ :),,5'tDOO Other Personal Services $ Expenses $ 'llf, ').11.... N\ Operating Capital Outlay $ :1:),uDD ,DO $ g. Fixed Capital Outlay Total State Funds $ _ (see sectlon 17 - Fundlng/Conslderatlon) qg( ,)2~,. 00 33 2~ 16F 2 Attachment C Program Statutes. Regulations and Program Requirements Proaram Statutes 1. Chapter 252, Flortda Statutes 2. Ruie Chapters 9G-6, 9G-ll, 9G-19 and 9G-20, Flortda Administrative Code 3. 48 CFR, Part 31 Prooram Reauirements (1) EQUIPMENT AND PROPERTY MANAGEMENT The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc" Personal Earth Station and related equipment (hereinafter 'the Equipment'). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1) the State of Flortda lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS'), and the Division, (a copy of which is available from the Division) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems. Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Division) (hereinafter, collectively, '1he HNS Agreements") regarding the opera~on of an interactive satellite communications sarvice for the Division, the Recipient and other sites, In perticular, the Recipient agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Division's Slate Warning Point (SWP) (850) 413-9910. B, That the Recipient will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request. Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, trouble- shooting and fault isolation, with adequate staff. C. That the Recipient shall not change, modify, delnstall, relocete, remove or alter the Equipment, accessories, attachments and related Items without the express written approval of the Division. 34 16F '2 D, That the Recipient shall provide eccess, subject to reasoneble security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and will arrange permitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service represen- tatives and others performing seid work shall comply with the Recipienrs reasonable rules and regulations for access, provided the Division is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, ioss and other hazards. This shall not obligate the Recipient to procure insurance. The Division agrees to procure and maintain all rtsks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of Insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations, The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to detertorate, except normal wear and tear resulting from Its intended use, The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, end shall comply with reasonable instructions issued thereafter. F. That any software supplied in connection with the use or installation of the equipment is subject to proprtetary rights of Hughes Network Systems, Inc" and/or HNS's vendor(s) and/or the Division's vendor(s). The use of one copy of said software Is subject to a license granted from HNS to the Department, and a sublicense from the Division to the Recipient, to use the software solely In the operation of the Equipment. to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) copy or duplicate, or permit anyone eise to copy or duplicate, any part of the software, or (Ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineertng or otherwise, the source programs or any part thereof from the Object programs or from other information provided in connection with the Equipment. The Recipient shall not, 35 16F 2 directly or indirectly, sell, transfer, offer, disclose, lease, or iicense the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Division pursuant to the services agreement between Hughes Network Systems and the State of Flortda. The charge does not cover maintenance, repair, additional equipment and other services not part of the inltiel order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4,3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment end other services not part of the initial order for services. In particular, the service charge does not cover: 1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external 10 the EqUipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the Recipient by the Division under this Agreement, or from any cause other than intended and ordinary use, 2. Changes, modifications, or alterations In or to the Equipment other than approved upgrades and configuration changes, 3. Deinstallation, relocation, or removel of the Equipment or any accessortes, attachments or other devices, The Recipient shall be independently responsible for any and all charges not part of the initial service order, (2) NAWAS The Flortda National Warning System (NAWAS) is a U,S. Department of Homeland Security product that shall be monitored 24 hours a day/365 days a year. The U. S. Department of Homeland 36 16 r f"1e2~ Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections and handsets are the responsibility of the recipient. (3) VEHICLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approvai, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received reiating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base Grent expenditures. (4) PROPERTY MANAGEMENT/PROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securtng goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shell utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-l02 - Common Rule, (c) Recipient agrees to use eny equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the properly of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federaJ policies and procedures, (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G.ll, and 9G-19, Flortda Administrative Code, Chapter 252, Flortda Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. 37 16F 2' (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, publiC works or other services outside the emergency management responsibillUes essigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly esslgned in the iocal Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that It Is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 9G-19,002(6), Flortda Administrative Code. 6) OTHER CONDiTIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above durtng the period of this Agreement, then the Recipient shall, within forty- five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program durtng that activation, and proVide a written after action report to the Division. (b) Funds may not be used for Items such as door prtzes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. (c) Food and beverages may be purchased for Emergency Management personnel and other personnel onlv if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving foodlbeverage ere on duty at either of these locations, Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by locai officials in response to an emergency event or threat. 38 16F""'2- (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s.252.38. Florida Statutes. 39 16F 2 Attachment D Reports A. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Division's Area Coordinator, and a final close- out report, all in a format to be provided by the Division. B. Quartarly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Division no later than thirty days after the end of each quartar of the program year; and shall continue to be submitted each quarter until submission of the final close-out report The ending dates for each quarter ofthls program year are December 31, March 31, June 30 and September 30, C. The final close-out report Is due thirty days after termination of this Agreement. D. In addijion to the above, in order to ensure compliance with Rule 9G-19.011, Flortda Administrative Code, histortcal budgetary Information relating to the Recipient's Emergency Management Program Is also required, This information shall be developed based on guidelines provided by the Department and shall be submitted to the Division electronically no later than December 31,2008. In addition, the funds associated with the 2007 EMPG Supplemental and the additional 2008 EMPG funds must be included on this form. The Histortcallnformation form must be DreDared and sicned bv an official of the Countv's Finance Office. E. In a format provided by the Division, a proposed staffing summary shall be submitted to the Division not later than December 31, 2008. F. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptabie to the Division, the Division may withhold further payments until they are completed or mey take such other action as set forth in Paragraphs (10), (11) and (12), and Rule 9G-19.014, Flortda Administrative Code. "Acceptable to the Division" means that the work product was completed in accordance with generally accepted prtnclples, guidelines and applicable law, and is consistent with the Scope of Work. G. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Division. 40 16F 2 . H. All report formats provided by the Division shall be made available to the Recipient on the Division's Intemet site and a hard coov will be mailed with a fullv executed CODV of the Aareement. 41 16f 2 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking ODe of the boxes below 11 you are requesting aD advance. If an advaDce payment is requested, budget data on which tbe request Is based must be submJtted. Any advance payment under this Agreement is subject to s. 216,181(16), Florida Statute.. The amount which may be advanced .han not exceed the expected cash need. of the Recipient within the initial three month. of the Acreement. ~ NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional infonnation is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff. award benefits to clients, duplicate fonns and purchase start-up supplies and equipment. We would nol be able to opcrate the program without this advance, ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) DESCRIPTION FFY 2006 FFY 2007 FFY 2008 Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACf EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by Une 1.) First three montbs expenditures need only be provided Cor die yean iD which )'ou requested an advanc:e. If)'ou do not have this information, call your consultant aDd tbey will auist you. MAXIMUM ADVANCE ALWWED CALUlA TION: X S CeUD3 DEM Award (Do not include any matcb) MAXIMUM ADVANCE 42 16F 2 REOUEST FOR WANER OF CALCULATED MAXIMUM ] Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] RecIpient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 200_-200_ Anticipated Expenditures for Flnt Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Adminbtration.) PROGRAM EXPENSES TOTAL EXPENSES ExoJanation of Circumstances: 43 16F 2 Attachment F Warranties and Representations Financial Manaoement Reclpient's financial manegement system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awerds, authortzations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes, (4) Compartson of expenditures with budget amounts for each Request For Payment. Wihenever appropriate, financial information should be related to performance and unit cost data. (5) Wrttten procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost prtnciples and the terms and conditions of this Agreement. (6) Cost accounting records thet are supported by backup documentation. ComDelitlon All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrtct or eliminate competition or otherwise restrain trade, In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considertng the price, quality and other factors, Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill 44 -'-""'.---.---"'-. .,.._......,'_.._..,_.,--~,'_.._""-~""_.~""",'. _.__._,_.~",_."..~.~-",.....".-=,,-,..,.. 16F 2' in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct, The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of e contrect supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would artse when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties Indicated, has a flnancial or other interest in the firm selected for an award. The officers, employees, and agents of the Reclpient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinery actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from licensino and Permittino All subcontractors or employees hired by the Recipient shall have all currenllicenses and permits required for all of the particular work for which they are hired by the Recipient. 45 16F Attachment G Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submisslon of this document, that neither it nor its prtncipals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntartly excluded from particlpation in this transection by any Federal department or agency. (2) Wihere the Reclpient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 46 2"*' ,_,,__,__'_"__'~'__'. .__,",__..._,._~,_,__,,_v~,__,_~,_'~~_'''~____''''__'''.'.__,,_,,;<....~ ""._.-",.,-,. _r_'..____.~,~.,_..,...> 16F 2 Attachment H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21 , A-ll0, A-l22, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P,l. 91-646) which provides for fair end equjtable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose prtncipal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq,) 3. It will comply with the minimum wege and maximum hour's provisions of the Federal Fair labor Standards Act. 4, It will establish safeguerds to prohibit employees from using their positions for a purpose that Is or gives the appearance of being motivated by a desire for private gain for themselves or others, particulaMy those with whom they have family, business, or other ties. 5, It will give the sponsortng agency or the Comptroller General, through any authorized representative, access to and the rtght to examine all records, bocks, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsortng agency concerning special requirements of lew, program requirements, and other administretive requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accompiishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that It will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that e facility to be used in the project is under consideration for listing by the EPA. 47 16F 2 8. II will comply with the flood insurance purchase requirements of Section 1 02(a) of the Fiood Disaster Protection Act of 1973, Public law 93-234, 87 Stat. 975, approved December 31,1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area thet has been identified by the Secretary of the Department of Housing and Urban Development as en area having special flood hazards, The phrase "Federal flnanciaJ assistance" includes any form of ioan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. II will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), executive Order 11593, and the Archeological and Histortcal Preservation Act of 1966 (16 USC 569a-l at seq,) by (a) consulling with the State Histortc Preservation Officer on the conduct of Investigations, as necessary, to Identify properties listed in or eligible for Inclusion in the National Register of Historte Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties, 10. II will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Tille I of the Omnibus Crtme Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crtme Act, as approprtate; the provisions of the current edition of the Office of Jusllce Programs Financial and Administrative Guide for Grants, M71 00, 1; and all other applicable Federal laws, orders, circulars, or regulations, 11. II will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrallve Review Procedure; Part 20, Crtminal Justice Information Systems; Part 22, Confidentiality of Identiflabie Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Pollcles; Part 30, Intergovemmental Review of Department of Justice Programs and Activities; Part 42, NondiscnmlnationlEqual Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 48 16r 2 12. It will comply, and all its contractors will comply, with the non-discrtmination requirements of the Omnibus Crtme Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crtme Act (as appropriate); Tille VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Amertcans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrtmination Act of 1975; Department of Justice Non-Discrtmination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrtmination, 28 CFR Part 35 and Part 39. 13, In the event a Federal or State court or Federal or State administrative agency makes a finding of discrtmination after a due process heartng on the Grounds of race, color, religion, national ortgin, sex, or disability egainst a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs, 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrter Resources Act (P.l. 97-348) dated October 19, 1982 (16 USC 3501 et seq,) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System, 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and Implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 49 -,-_,~~,,,--,,,-,--,,,,_-=,,,_-_,.,,,,,_,,-~-"".,,_... -~.~".,-~~~.,-,-..,- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should he hand dellvered to the Board Otficc. The completed routing slip and original documents are to be forwarded to the Board Otlice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the 4 execotion of the Chairman's signature, draw a line through routing lines # I through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3, 4, 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder ofihl' original ,hlcument pending Bce approval. Nonnally thc primary contact is the person who creatcdlprepan::d the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson. need to contact staff for addilional or missing infonnation. All original documents needing the Bee Chairman's signatun:: are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff John Yonkosky Contact Agenda Date Item was 10/28/08 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Resolution 'WJ ,. ?J\0 Number of Original Documents Attached 252-8088 16F Yes (Initiai) Yes N/A(Not A iicable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable coiumn, whichever is a ro riate. Original document has been signedlinitiaied for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most ietters, must be reviewed and signed by the Office of the County Attorney. This inciudes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and ail other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final De otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines~ The documcnt was approved by the Bee on 10/28/08 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, If a licable. N/A Yes Yes Yes Yes 2, 3. 4. 5, 6, I: Fonns/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04. Rcvised 120,05. Revised 2.24.05 RI:SOLlITIOl\' ~O,. - 31 5 16F 4"'''' A RESOLlfTION PliRSlIANT TO SECTION 129.06(2), FLORIDA ST ATlJTES, TO AMEl\'D THE BlIDGI:T FOR THE 2008-09 FISCAL VEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board") at any time within a fiscal year may amend a budget fOf that year, and provides the procedures therefore; and WHEREAS, the Board ofenunty Commissioners ofColJicr County, Florida. has received copies ofbudgct amendments which provide for but are not limited to: revenue from grants, donations or contributions, or insurancl: proceeds t()r a designated purpose: and WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2008-09 by resolution pursuant to Section ]29.06. Florida Statutes. NOW. THEREFORE. BE IT RESOLVED BV THE BOARD OF COUNTY COMMISSIONERS OF COLI.IER COllNTY, FLORIDA. that the budget amendments to the FY 2008-09 Budget described below arc approved and hereby adopted and the FY 2008~09 Rudget is so amended. BUDGET INCREASE INCREASE AMENDMENT (DECREASE) (DECREASE) FUND NUMBER RECEIPT EXPENDITURE 118 09-024(9/23/08- I 6E I) $350.738 $350,738 119 09-011(10/14/08-1601 ) $2.200 $2.200 426 09-010(lO/l4/08-16BI I) $238.000 $238.000 INCREASE (DECREASE) RESERVES EXPl.ANATION FOR APPROPRIATION Recognize Dcpt. of Justice Grant for technology for Emer. OpeL Cen. Recogmze Smithsonian Community Grant for fieldtrips. Recognize Federal Transit Admin. Grant fix installation of fuel tanks. BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This "Resolution adopW{f,thjs"igth day of October 2008, after motion, second and majority vote. " ATTES]':. '"" DWIGIU E. BROCK. Clerk _:~ -, , BOARD 01 COllrl Y OMMISSIO ERS COI I IER COLIN rv LORIDA ---' B} __ TOM lIENN G, CHAJR . .~ Jeffrey latz w, County Attorney -1- 16G 2 CRA RESOLUTION NO.08- 31 6 A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO COMMUNITY REDEVELOPMENT; AMENDING THE BAYSHORE GATEWAY TRIANGLE SITE IMPROVEMENT GRANT PROGRAM PROCESS; PROVIDING FOR REPLACEMENT RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, WHEREAS, Ordinance No, 2002-38 was adopted by the Board of County Commissioners on July 30, 2002 creating a site improvement grant process for the Bayshore Gateway Triangle Redevelopment Area; and WHEREAS, the Community Redevelopment Agency (CRA) desires to use a portion of the funds in the Redevelopment Trust Fund for site improvement grants to allow the use of tax increment funding for projects within the redevelopment area; and WHEREAS, the site improvement grant process needs to be modified to improve the application process, staff review procedures, type-project funding levels and CRA approval process to better serve the community; and WHEREAS, the CRA desires to clearly specify qualified residential and commercial projects eligible for grant funding, NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION I, Title. The grant program shall be known as the Site Improvement Grant Program for the Bayshore Gateway Triangle Redevelopment Area. SECTION 2, Adoption of the Site Improvement Grant Program as Amended, There is hereby established, created and adopted, in accordance with the provisions of Collier County Ordinance No, 2002-38, a new Site Improvement Grant Process and Grant Agreement Documents for the Bayshore/Gateway Triangle Redevelopment Area, attached hereto as Composite Exhibit A. SECTION 3. Administration bv CRA, After the Board of County Commissioners allocates grant funding for the fiscal year, the CRA shall approve grant recipients, grant funding and grant payment upon completion of work, The CRA delegates the administration of the grant program to the Executive Director and Bayshore/Gateway Triangle Local Redevelopment Advisory Board to include, but not be limited to, application process and review, recommendation of recipients, monitoring grant progress, lof2 166 2 and recommending grant payment upon completion of work. The recipients of any grant funds shall be required to execute an agreement, a part of Composite Exhibit A, in the fonn approved by the County Attorney's Office for legal sufficiency and approved by the CRA, SECTION 4. Replacement Resolution. This Resolution replaces and supercedes Resolution Number 06-253, adopted on September 26,2006. SECTION 5, Severability. If any section or portion of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect on any other section or part of this Resolution, SECTION 6, Effective Date. This Resolution shall become effective immediately upon passage and adoption, This Resolution adopted after motion, second and majority vote this ~ day of ()ch bfK ,2008, ATTEST: DWIGHTJ.::. BROCK CL~,~ bFC'~TS COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA .: " ~, B~} ,... . . ,., \.. -. '-. Attest.., w~tf ,D~ s 1 gnc1ture 611,' N' .. ~ ~ BY; ;.. _ - DO A FIALA-;- CH Approved as to Fonn and Legal Sufficiency; l11t<tA';_lfn.uA-U(....t-~ Marj Ie M, Student-Stirling Assistant County Attorney item # 1 \tl G z.. Agenda 1~z..'&Id6 Date Date /( j'&/ o~ Rec'd 20f2 16G 2 I EXHIBIT A I II.... A '.''',......1 BAY S H 0 R E ,),\' GATEWAY " . ''A TRIANGLE JllD..~ Bayshore Gateway Triangle eRA I Site Improvement Grant Information Site Improvement Grant Program The Site Improvement Grant Program (SIG) is a redevelopment initiative funded and administered by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) as partial reimbursement for exterior improvements to buildings for residents and non-profit organizations within the Redevelopment Area. Overview of the Program Tenants and owners of residential and select non-residential properties (see "Applicant Eligibility: Non-Residential Properties" below) located within the CRA boundaries may be eligible to receive SIG funding, The SIG program funds only exterior improvements as a matching grant, requiring applicants to contribute a minimum of 67 percent of total project costs, The maximum dollar award under this program is $8,000. Grantees must perform a minimum of two different improvements to qualifY for funding and work must be completed within a year from the date of approval. All improvements must be at least partially visible to the public, either from the public right-of-way or some other highly visible location. Grantees generally receive SIG funds in about 45 days after CRA staff visit the site and review all paperwork to verify grantee eligibility. Applicant Eligibility: Residential Properties The SIG program is designed to primarily be a tool for improvement for residential properties; however, certain properties zoned for other uses may be eligible as noted below. Owner-occupied and rental (single-family, duplex, triplex, and quadriplex only) residential property located within the Redevelopment Area may be improved with partial funding from the SIG program, Properties with mobile homes may qualifY for Sweat Equity or Landscape Improvement Grant funding, Applicants may submit one application per property per year and may apply for additional funds until they receive a total of$8,000 from the CRA, Once an applicant has received $8,000 in SIG funding, that person is ineligible for funding for another SIG for three years but may be eligible for other CRA-backed grants, Applicant Eligibility: Non-Residential Properties The only applicants with non-residential properties who are eligible to receive SIG funds must be affiliated with non-profit entities. Applications for improvements to these kinds of properties must adhere to the same rules as residential applications as noted above (as applicable). Non-residential applicants must have a valid occupational license (as applicable) for their business or organization at the time of application. I Bayshore Gateway Triangle eRA I :-~;t'" ~n~o"c/-::n'_,1t f:L,l'i ;'i"~ri '-,[':'."1 A 11A9sgoR~ GATEWiY I ." TRIANGLE EEEa [] , y~--, NOTE: Double-Dipping between SIG Funds and Sweat Equity Grant Funds "Double Dipping" between SIG and Sweat Equity Grant (SEG) funding is prohibited. Persons who have received SIGs in the past and properties that have been improved with SIG funds in the past are subject to restrictions on the maximum funding amount they can receive for exterior residential improvements. For SIG recipients who have received less than $8,000 in SIG funds, they are only eligible for more SIG or SEG funds up to $8,000. For SIG recipients who have received $8,000 in SIG funds, they are ineligible for SIG and SEG awards for three years from the date ofthe most recent disbursement. Conversely, SIG applicants who have received SEG funds in the past three years are only eligible for $8,000 in SIG funding LESS THE AMOUNT RECEIVED THROUGH THE SEG program. Bids for Work For each type of improvement to be funded, applicants must obtain a minimum of two cost estimates. For improvements to be performed by contractors, two official bids by contractors from the list on the Collier County Contractor's Search page, located at htto://aoos2.colliergov.net/webaoos/vision/ConCert/default.aspx, are required. Bids from contractors not listed in this database will not be accepted for the SIG program. For "do- it-yourself' projects applicants must provide two official cost estimates with clear identification of vendors (CRA does not reimburse labor costs for "do-it-yourself' improvements). The amount of the grant will be determined by the lowest bid/lowest price estimate for each improvement though grantees may actually use any licensed contractor from the database or any vendor. ANY WORK PERFORMED BY CONTRACTORS NOT LISTED IN ABOVE DATABASE WILL NOT BE ELIGIBLE FOR REIMBURSEMENT. Project Requirements Eligible Activities Only exterior improvements are eligible for funding under this program. All improvements must be at least partially visible to the public, either from the public right- of-way or some other highly visible location. Eligible improvements must result in one or more of the following: (I) increase the aesthetic appeal of the area; (2) improve the functionality of the premises; (3) remedy structural problems or code violations or (4) aid in business operation. The grant recipient will be reimbursed at a rate of $ I from CRA for every $2 from applicant, up to a maximum award of $8,000 from the CRA. The following are examples of improvements which would be eligible for grant funding. Installation of or repair to: . Stucco . Stormwater . Signs . Doors enhancements . Fencing . Brick or textured . Painting . Roofing pavement . Masonry . Any other . Exterior lighting . Shutters improvements subject . Awnings . Electrical work to CRA approval . Windows related to exterior lighting 2 16G 2 R IBAYSHORE ;." GATEWAY I,' .:j, TRIANGLE mmu .~ Bayshore Gateway Triangle eRA I Site Improvement Grant Information Examples of other improvements which qualify for grant funding include the following: . Removal of deteriorated . Building cleaning (sand materials blasting/pressure washing) . Installation of Old Florida . Enhancement of access (e,g, Style architectural details wheelchair ramps) . Professional design services . Remediation of code violations . Parking lot improvements . Any other improvements subject to CRA approval NOTE: Projects listed below are ineligible for SIG funding. . The removal of architecturally important details; . Installation of aluminum or vinyl siding; . Purchase or installation of statues or fountains; . Landscaping with unapproved vegetation or methods; · Any work by contractors not listed in database; . Property acquisition; · Construction of free-standing buildings (including construction of new rooms to existing structures); . Refinancing of debt; . Landscaping*; . Sweat equity; and · Improvements commenced prior to executing agreement with CRA. * Applicants wishing to improve landscape are encouraged to apply for the Landscape Improvement Grant. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify the improvements are complete (this includes review of certificates of occupancy and/or permits from Collier County as applicable), To receive reimbursement, grantees must prove that payment for work was paid DIRECTLY to ACTIVELY LICENSED CONTRACTORS LISTED IN THE ABOVE DATABASE or VENDORS by personal check or credit card in the name of the grantee, Under no circumstance will payment to unlicensed contractors/subcontractors or undocumented vendors be reimbursed. Grantees must provide receipts or invoices with the payment amount indicated clearly. No reimbursement will be disbursed for work paid for with cash. Change Orders and Time Extensions Change Orders to Increase Fundiug After a SIG agreement is executed, if a grantee discovers or is otherwise informed of flaws in the approved site, a change order may be issued to increase funding not to exceed the maximum award available, Change orders must be requested in time for staff to process the request and secure approval (allow a minimum of one month prior to expiration of grant). IMPORT ANT; Change orders cannot be processed within the last 3 16G .2 I lc.IBtn~~n ., TRIANGLE EEEE U . ""~c Bayshore Gateway Triangle eRA I ':~,;" t'I' (;nr,i h '" '" in,:',l two weeks of the grant period. Upon successfully completing work under the original SIG, grantees must wait one year and may then apply for additional funding for work unrelated to the original project[ s]. Time Extensions The eRA understands that redevelopment projects can take more time to complete than is originally anticipated. For grantees who cannot complete their projects within one year, time extensions may be granted. Grantees needing extensions must request the extension within two months of grant expiration. No extensions can be granted within the last two weeks of the grant period. IMPORT ANT: Grantees must verify that some activities associated with the improvements have been performed at least six months after execution ofthe agreement. 4 Bayshore Gateway Triangle eRA I Site Improvement Grant Information Appendb: 16G 2 l$dt:kIBtATr~cA1 Appendix A: eRA Map & Funding Summary Map: Location of Bayshore Gateway Triangle eRA Location of CRA within Collier County CRA Close-Up '''''\ I Y "" '-- ,. . , CIlfl46 IMMOKAl..EERDE 8 ;'t,:'l l:~:_~~~;f; ~ ~ ~ it: 17~ , " N + (Js~, N + \~i 'jt~:;;l::~_.;:5' :i''''i ,t. v'\'1;': Roads Collier County 'l\ " \ D CRA Boundary ~ Major eRA Roads Water Bodies _CRA CRA \, Appendix-l Bayshore Gateway Triangle eRA I S;t" :~-;~) r')/('rn,;I.'t C;r:Jn: "l' !):, ",t'.)'l 16G 2 I i\ IBAYSHORE GATEW/~Y .; TRIANGLE EEEE 0 . Xc~ SIG A r f ~PPl1ca IOn (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone I Alternate Phone I E-Mail Address Do you own or lease the property? I Pro' ect Information Describe the existin conditions of the site (attach additional sheets if necessary). RFl)lfIREIl XITACIIME'ITS FROM AI'I'I.IC\NT: I) ()lIe ('stimak ('ad. from T\V() {'ont..aftors/V(~I](fors for ead. projed, 111L"',;C Cilll(raclilrs j\.'lIJST he liskd illlhL' olllillC d:l1;lhast: I1ltp://apps~ colliLTgO\_lld,.\\.chapps/vl\iolli'( '(lll( 'crLidd;lllll.asp:x 2) NOII~R('sidellfial Apl'li('allts: cOP." of of..Tupationalli('cns{'. eRA STAFF: 1) Attach two color photos of each project to he performed. 2) Attach Property Appraiser !D. 1) Estimated cost of improvements: $ 2) Maximum grant award: $ 16G 2 Bayshore Gateway Triangle eRA I Site Improvement Grant Application 1I...l'...... IBAYS H 0 RE .". GATEWAY .'J! TRIANGLE U.~. Lessor / Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, has applied for a Site Improvement Grant. I authorize said tenant to complete the improvements listed in the Site Improvement Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Owner Authorization Form was executed before me this day of ,200_ by , owner of the property located at who: is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No; My Commission expires: 2 16G 2 A IBAYSHORE GATEW/,Y I. " TRIANGLE mm U '~ Bayshore Gateway Triangle eRA I '~i~) ';":;'~;\':;-'T}';'1t ()n;ljJl,T; ;~I' ft!,-m Applicant Commitment of Resources 1/ we, , owner( s) / tenant( s) of the property located at , have the funding and ability to begin the site improvements listed above and have the ability to complete all improvements within one year of the approval of the improvement grant by the Collier County Community Redevelopment Agency. I / we further affirm that payment for all work on approved improvements will come from accounts in my / our name(s) or the name(s) of entities registered in the State of Florida which I / we have registered with the state (verification is required). Payment for improvements by from persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Ten ant (ifleased) Date Signature of Tenant (ifleased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) 3 16G 2 IL A IBAYSHORE 1 GATEWAY . S)'*rt.~, TRIANGLE Bayshore Gateway Triangle eRA I Site Improvement Grant Project Summary & Payment Request Grantee Proiect Summarv & Evaluation (attach additional sheets as necessary) Proiect Summary Describe the improvements you made, --- ----- -- - ---- List all vendors / contractors orovidin!! materials or services for this oroiect with contact information. Vendor / Service Provider Phone Number or Address or Website Grantee Signature Date Grantee Signature Date CRA Staff: Color photos of completed project from site visit must be attacbed to this report, 1 16G 2 I! A IBAYSHORE GATEWAY . .; TRIANGLE B3B30 . ""~ Bayshore Gateway Triangle eRA I $!tf; kn;)rC"':iy:nt t;(:i::t r't "'j"':.t:;> :1111" i:~/~, P.1~'Y ,.'~t !":>:!(,'>!st Payment Request On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Site Improvement Grant program: Improvement Cost I - ----==-=----=-~~~~~ _~ ~a --------=~=------.:_~==-~~.~~=-~-=--=--=----- ~- .-===~.:-~-==-==- ---~_.:-= u__ f----- - , ~'-'---"-"------'-~---"--'-------------"--"'-"--'-'-"--- Total-----~------.-.! __H~_ ~---~- I hereby confirm that all items listed above have been completed as outlined in the Site Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of $ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this , 200~ by owner of the property located at ~ is personally known by me OR who has produced as proof of identity. Affix notarial seal day of ,who: Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE FOLLOWING: (I) VENDOR/CONTRACTOR INVOICE I RECEIPT AND (2) COPY OF CANCELLED CHECK OR CREDIT CARD VALIDA nON TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE. 2 16G 2 GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR SITE IMPROVEMENTS FOR BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ENTERED this _ day of. , _ by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and (hereinafter referred to as "Grantee"), 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 CRA grants including contracts with Grantees for CRA grants; and WHEREAS, Grantee has applied for a Site Improvement Grant in the amount of dollars; and WHEREAS, the CRA has determined that Grantee meets the eligibility requirements and was approved for a grant award in the amount of dollars on , ("CRA Approval"), which is % 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; I, Grantee acknowledges to the CRA that Grantee has received a copy of the Collier County Community Redevelopment Agency Site Improvement Grant Program Information and Application (hereinafter referred to as "Grant Program"), that Grantee has read the Grant Program, and that Grantee has had ample opportunity to discuss the Grant Program with Grantee's counsel or advisor. Grantee further acknowledges to the CRA that Grantee understands and agrees to abide by all of the terms and conditions of the Grant Program, 2, Grantee is the record owner / tenant of property described as 3. Grantee has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated attached hereto as Exhibit A and incorporated herein by reference, 4. Grantee agrees to complete the construction of the Site Improvements within one (1) year ofCRA approval. Grantee also agrees to fund at least 67% of the costs of the site improvements, Grantee is prohibited from paying contractors and/or vendors with cash; all payments for approved projects must be in the form of a check or credit card drawing on funds from Grantee's accounts, Site Improvement Grant Agreement FY 2009 1611 2 5, CRA has approved a grant to Grantee in the amount of$ to be administered pursuant to the terms of this Agreement based on an estimated cost of $ If the actual costs are less than the estimated costs to construct the site improvements and less than $24,000, 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 application, no Grantee, or any immediate relative of Grantee, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Grantee, or any immediate relative of Grantee, shall receive compensation for labor for the construction of the site improvements. An immediate relative of Grantee shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law, Grantee has verified that all contractors who have provided bids for the approved work are actively licensed by Collier County, Grantee acknowledges that the total grant award shall not exceed the sum of lowest bids/price quotes for all projects. Grant funds for work performed by contractors shall only be disbursed upon verification that said contractors are actively licensed by Collier County. 7. Grantee agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division, Upon completion of the work, Grantee shall submit to the CRA staff a project summary report, two (2) 8 inch by 10 inch photos of the project after improvements are completed, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the site improvements were constructed pursuant to the terms of the application approved by the CRA. 8, Within forty-five (45) days after confirmation that the site improvements were constructed pursuant to the terms of the approved application, Grantee shall be issued a check in the amount of the grant. However, if Grantee fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (I) year ofCRA approval, or if Grantee fails to fund at least 67% of the cost of the Site Improvements, the grant shall be deemed automatically revoked and Grantee shall be entitled to no fUnding, 9, of Florida, This Agreement shall be governed and construed pursuant to the laws of the State 10, This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written, No change, modification or amendment, or any representation, 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 Grantee, and may not be assigned or transferred by Grantee or to Grantee's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. Site Improvement Grant Agreement FY 2009 2 16G 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. GRANTEE; (1) Witness Signature By: Printed/Typed Name Printed/Typed Name (2) Witness Signature By: Printed/Typed Name Printed/Typed Name ATTEST; DWIGHT E, BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Marjorie Student-Stirling Assistant County Attorney Site Improvement Grant Agreement FY 2009 3 161 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 28, 2008 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: I) Big Corkscrew Island Fire Control & Rescue District: Five Year Plan; Bond Service Statement; District Map/Registered Agent Statement; FY 08-09 Meeting Schedule. B. Minutes: 2) 2) Big Cypress Stewardship District: Meeting schedule statement. 3) South Florida Water Management District: FY 08-09 Adopted Budget. 4) Verona Walk Community Development District: FY 08-09 Regular Board Meeting Schedule. 1) Animal Services Advisory Board: Minutes of July 15,2008. Bayshore Beautification MSTU Advisory Committee: Agenda of July 9, 2008; September 10,2008. Minutes of May 14,2008; July 9, 2008. 3) Collier County Code Enforcement Board: Minutes of August 22, 2008. 4) Collier County Planning Commission: Agenda of October 2, 2008 REVISED. Minutes of August 7, 2007; August 13, 2008. 5) County Government Productivitv Committee: Agenda of September 19,2007; October 31,2007; November 14,2007. Minutes of September 19, 2007; October 31,2007; November 14,2007; December 12,2007. 6) Emergency Medical Services Advisory Council: Minutes of July 30. 2008. 161 7) Golden Gate Beautification Advisory Committee: Agenda of February 13,2008; March 11,2008; April 8, 2008; June 10,2008; July 8, 2008; August 12,2008. Minutes of January 8, 2008; February 13,2008; March 11,2008; April 8, 2008; May 13, 2008; June 10,2008; July 8, 2008; August 12,2008. 8) Haldeman Creek Maintenance Dredging Advisory Committee: Agenda of Deeember13, 2007; March 13,2008. Minutes of October 25,2007. 9) Hispanic Affairs Advisory Board: Minutes of June 26, 2008. 10) Historical! Archaeological Preservation Board: Agenda of September 17, 2008. Minutes of July 16, 2008. 11) Immokalee Beautification Advisory Committee: Agenda of November 28,2007; February 27, 2008; April 23, 2008; May 28, 2008; June 25, 2008; September 24,2008. Minutes of October 24,2007; November 28, 2007 no quorum; January 23, 2008; March 26, 2008; April 23, 2008 no quorum; May 28, 2008; August 27, 2008; 12) Immokalee Enterprise Zone Development Agency: Agenda of September 17, 2008. Minutes of August 11, 2008 special meeting workshop; August 20, 2008; August 29, 2008 special meeting workshop. 13) Immokalee Local Redevelopment Advisory Board: Agenda of September 17, 2008; September 17,2008 joint w/ Master Plan and Visioning Comm. Minutes of August 20, 2008; August 20, 2008 joint w/ Master Plan and Visioning Comm. 14) Isles of Capri Fire Control District Advisorv Committee: Agenda of September 10, 2008. Minutes of September 10,2008. 15) Land Acquisition Advisory Committee: Agenda of October 13, 2008. 16/ 16) Lely Golf Estates Beautification Advisory Committee: Agenda of April17, 2008; May 15,2008; June 19,2008; September 18, 2008. Minutes of March 20, 2008; April 17,2008; May 15, 2008; August 21, 2008. 17) Pelican Bay Services Division Board: Agenda of October 1, 2008. 18) Public Vehicle Advisory Committee: Minutes of September 8, 2008. 19) Rural Lands Stewardship Area Review Committee: Minutes of September 16,2008; September 23, 2008. 20) Utility Authority (Water and Wastewater Authority): Minutes of August 25, 2008. 21) VanderbiJt Beach Beautification MSTU Advisory Committee: Agenda of February 7, 2008; April 3, 2008. Minutes of January 3, 2008; March 6, 2008; April 3, 2008 no quorum; April 17, 2008; May I, 2008. C. Other: I) Emergencv Medical Services Advisory Council Sub-Committee and Productivity Committee Sub-Committee: Minutes of September 3,2008. 2) Public Safety Coordinating Council Regional Task Force: Agenda of June 12,2008. Minutes of June 12,2008. 3) Collier County Code Enforcement Special Magistrate: Minutes of September 19, 2008. 4) Public Safety Coordinating Council: Agenda ofJune 12,2008. Minutes of June 12,2008. 5) Annexation of Senior Care Development Site: Minutes ofJuly 14,2008; September 5, 2008. . BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DIST 16~ III RECffilEP OCT 0 6 2008 October 2, 2008 13240 Immokalec Road Naples, Rorida 14120 Commissioner Henning: Board of Count',' Commissioners Administration (239) 455-] 204 Fax (239) 455-6497 Prevention (239) 348-8006 Fax (239) 348-8007 Enclosed please find the contents of our Public Facilities Report. This report includes a 5 year plan, notice of Bond Service, notice of district map and registered agent changes and a listing of our Board meetings for 2008-2009, as required by Florida Statute 189.412(2). If you have any questions regarding these documents, please do not hesitate to contact me. Respectfully, rJ Rita'di~~~e~~~;~fUf (j' / Big Corkscrew Island FR Misc. COIfeS: Date: l D 1;;)-'6.t OZ ltem~ t to 1. L\)A \ .>oies to: BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DIST 161 lit 13240 Immokalcc Road Naples, l-<lorida 34120 Administration (239) 455-] 204 !'ax (239) 455-6497 Prevention (239) 348-8006 Fax (239) 348-8007 September 9, 2008 Collier County Board of Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: Enclosed you will [md a 5 year plan for the Big Corkscrew Island Fire Control & Rescue District. According to Florida Statute 189.412(2) this report shall be submitted to each local government in which the Independent District is in. Should you require additional information, please do not hesitate to contact Chief Rita M. Greenberg at (239) 455-1204. Sincerely, n t7 L{ \ ({ lLx.... ,- Paul M. Plamondon, Chairperson BCIFR Board of Fire Commissioners t' ., ') I l . . . , , '\"," ,-, ,f ,'_r'- / ./-,0.( k.~Av 161 .1 A\ 5 YEAR PLAN CHIEF RIf A M GREENBERG UPDATE OCTOBER 08 07-08 Staffing Add I mechanic Add 3 FF/MedicslEMT Fill vacancies as necessary Apparatus BI2 - switchover Assistant Chief Vehicle Purchase Support II temporary Mechanic vehicle Spec out Mechanic vehicle Spec out Station 14 apparatus (ladder and engine) Take Delivery of Water Tender 10 Operations Develop ALS Engine Program Implement Start of ALS Program Upgrade SCBA Second Cascade Unit for SCBA (portable) Create testing process for BC position Update and Upgrade equipment as needed (hose, gear, fans, etc) Facilities Permittinglbegin construction Station 14 Upgrade and enhance Station II Mechanic office, tools and equipment Exterior - remodel Locate/acquire property for Station 15 General Continue reyiew of merger/consolidation efforts Complete Impact Fee review Continue monitoring property tax developments and impacts Continue monitoring the need for an Assessment type service Continue working 'Yith Collier Enterprises re: Town of Big Cypress Continue update and enhancement of Policy and Procedure Manual Update Volunteer Program Continue Development of All Hazards Plan 161 lAI 08-09 Staffing Maintain current staffing levels Fill vacancies as necessary Apparatus Take delivery of Mechanic Vehicle (07-08) Purchase new Captains (DC) Vehicle Spec out 14 apparatus -ladder and engine Operations Maintain rotation program of gear and hose Enhance rack system to incorporate volunteers Revise MOU agreement Conduct Acting L T Test Create BC job description and testing procedures Continue development of training programs Continue employee education support Continue evolution of tactical guidelines Update and upgrade equipment as needed Facilities Secure financing and begin to construct 14 Upgrade IT and Communications Equipment Continue Maintenance PrograrnlFaci1ity enhancement Begin Review Process for Station 15 General Continue Web site development and implementation Continue review/implementation of merger/consolidation efforts, as Board directs Continue monitoring property tax developments and impacts Continue working with Collier Enterprises re: Town of Big Cypress Continue update and enhancement of Policy and Procedure Manual Finish development of employee handbook for non-bargaining unit employees Develop functional consolidated efforts with neighboring departments 09-10 Staffing Review Prevention/Inspection Personnel needs Develop Support Services Organization Chart Reorganize operations and training division Fill vacancies as needed Hire 3 FF/Medic!EMT ifab1e Encourage educational opportunities Apparatus Spec out replacement for Pumper 10, rotation of frontline apparatus Take delivery of Ladder 14 and Engine 14 Purchase new command vehicle - Chief Operations Update and Upgrade Equipment as necessary Purchase portable cascade system Maintain rotation of gear and hose Revisit ALS Engine options Facilities Complete construction and begin transition to Station 14 Begin design and Engineering for remodel of Station 10 General Evaluate need and location for Stations 15 and 16 Continue working with Collier Enterprises re: Town of Big Cypress Evaluate and update as needed - PIP Manual and Employee Handbook, etc. Expand functional consolidated efforts with neighboring departments 16/ lA'\ 16J 1 A \ 10-11 Staffing Hire 12 firefighter/medicslemts Implement promotional process for BC position Hire 2 Inspectors Implement Support Services Division Apparatus Take delivery of new engine - rotate frontline apparatus Purchase Fire Marshal vehicle Purchase Inspector vehicles Update brush units Operations 5" hose implementation Update and Upgrade Equipment as necessary Continue rotation of gear and hose Begin ALS response Facilities Replace needed furniture at 12 Begin rezoning for training facility Begin remodeling of Station 10 Paint and update Station 11, 12 and Admin Routine maintenance as needed General Update contract with Loca14522 Secure site for Station 15 and 16 Establish time1ine for construction of 15 and 16 ReviewfUpdate policy and procedures Continue working with Collier Enterprises re: Town of Big Cypress Expand functional consolidated to incorporate more departments 11-12 Staffing Hire 6 firefighter/medics/emt Increase training division staff Evaluate Support and Administrative staff needs Apparatus Spec out replacements for EIO and 12 Evaluate Attack truck needs Evaluate Brush truck status Evaluate Fleet vehicle needs Operations Continue rotation of gear and hose Evaluate and continue ALS engine program Update and Upgrade equipment as needed Facilities Repair and Maintain as needed Evaluate 14 for final "punch list" Complete design and engineering for training facility Secure finances for training facility Begin construction of training facility General Review/Update policy and procedures Continue working with Collier Enterprises re: Town of Big Cypress Expand functional consolidated to incorporate more departments 16 I lA\ 12-13 Staffing Hire 6 FF/Medicslemt Fill vacancies as needed Fill positions, as warranted from evaluation, in Support and Admin staff Apparatus Purchase 2 new fleet vehicles Secure financing and order replacement engines Repair and Maintenance as needed Operations Continue rotation of gear and hose Evaluate air bags, air tools and hydraulic tools Update and Upgrade additional equipment as needed Facilities Complete construction of training facility Open training facility Begin engineering and design concepts for 15/16 General Review and Update manuals as necessary Continue to develop shared resources/tasks with neighboring jurisdictions Evaluate response/development to establish future projects BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DIST 161 tAl 13240 lmmokalec Road Naples, florida 34] 20 Administration (239) 455-1204 Fax (239) 455-6497 Prevention (239) 348-8006 fax (239) 348-8007 September 9,2008 BOND SERVICE To Whom It May Concern: The Big Corkscrew Island Fire Control & Rescue District incurred NO BONDS of any form for the fiscal year 2007-2008. ) )(1 d..L I.. { P .~:}-l~'~ t/'v Paul M. Plamondon, Chairperson BCIFR Board of Fire Commissioners . BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DIST 161 1 A\ 13240 lmmokalec Road Naples, florida 34120 Administration (239) 455-1204 Fax (2.19) 455-6497 Prevention (239) 348-8006 Fax (239) 348-8007 September 9, 2008 To Whom It May Concern: The Big Corkscrew Island Fire Control & Rescue District has had no changes in its District Map or in its Registered Agent for the 2007-2008 fiscal year. Sincerely, ( ; ./ '-fl~ )~ /iJL1Q~.{,r"-- Rita M. Greenberg, Fire Chief , BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DIST 161 lAI 13240 ImmokaJec Road Naples, Florida 34120 Administration (239) 455-1204 Fax (239) 455-6497 Prevention (239) 348-8006 Fax (239) 348-8007 Big Corkscrew Island Fire Control & Rescue District Board of Fire Commissioners Meetings 2008-2009 6:00 PM at Administration Bldg 13250 Immokalee Road October 14,2008 November 12,2008 December 9,2008 January 13,2009 February 10,2009 March 10, 2009 April 14, 2009 May 12,2009 June 9, 2009 July 14,2009 August 11, 2009 September 8, 2009 16 lA2- N~\) ~~c~v. ig Cypress Stewardship District f:;j\,\ c,o'~ anther Lane. Suite 346/347. Naples, FL 34109. (772) 345-5101 ro\,\\\t-\ 6o\V '1>0'>1 September 29,2008 Board of Collier County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Clerk of the Circuit Court Finance Department 2671 Airport Rd., Court Plaza 1II PO Box 413016 Naples, FL 34112-3016 RE: Fiscal Year 2009 Meeting Dates To Whom It May Concern: In accordance with Chapter 189 of the Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule. Notice is hereby given that the Board of Supervisors of the Big Cypress Stewardship District does not meet on a regular basis but will separately publish notice of meetings at least seven days prior to each Board meeting to include the date, time and location of said meeting. If you have any questions, please contact me. Sincerely. . " .\ 'J1i?fUtj ~tli~ ('l_~ Nancy t. Vogel / Assistant District Manager enclosure Misc. Correa: OI/e I D I;)-~ oi !teIl!t'J.1o I-C I :~~oples ~o 16/ lA2 NOTICE OF MEETINGS BIG CYPRESS STEWARDSHIP DISTRICT As required by Chapter 189 Florida Statutes, notice is being given that the Board of Supervisors of the Big Cypress Stewardship District does not meet on a regular basis but will separately publish notice of meetings at least seven days prior to each Board meeting to include the date, time and location of said meetings for Fiscal Year 2009. Meetings may be cancelled or continued to a date, time, and place to be specified on the record at the meeting. There may be occasions when one or more Supervisors will participate by telephone. At the meeting location there will be present a speaker telephone so that any interested person can attend the meeting at the meeting location and be fully informed of the discussions taking place either in person or by telephone communication. Any person rcquiring special accommodations at this meeting because of a disability or physical impairment should contact the District Manager at (239) 254-8585 at least five calendar days prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. District Manager 161 lA3 SOUTH FWRIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-SS0U . FL \VATS 1-SPO..n2-2045 . IDD (56]) 697-2574 Mailing Address: r.o. Box 24680, West Palm Beach, FL :{1416-'!UlO . \\'\\'\.v_sfv,/)nJgo\ October 2, 2008 RECEIVED OCT 0 6 2008 Board of Courty Commissioners The Honorable Charlie Crist Governor of the State of Florida Executive Office of the Governor The Capitol Tallahassee, Florida 32399-0001 Dear Governor Crist: Subject: Final FY2009 Millage Rate and Budget Resolutions In compliance with Section 373.536(6)(a)(1) which requires that the adopted budget for each water management district be furnished within 10 days after its adoption, please find attached the resolutions approved by the South Florida Water Management District Governing Board on September 23, 2008 adopting the final millage rates and final budget for FY2009. We look forward to continuing to work with each of you as we move forward and implement this FY2009 budget. Thank you. Sincerely, . /-, ~ {~L~U'~"- LucC A-lf Carol Ann Wehle Executive Director South Florida Water Management District CAW/db Attachments Distribution: Recipient Listing (attached) Misc. COIfeS: Date~ ltem#: (IoTLI)A3 Copies to 161 1 A:3 Distribution List: The Florida House of Representatives Marco Rubio, The Florida House of Representatives, Speaker of the House Denise Grimsley, The Florida House of Representatives, Agribusiness Committee Trudi Williams, The Florida House of Representatives, Environmental Protection Committee . Ray Sansom, The Florida House of Representatives, Policy and Budget Council . Will Kendrick, The Florida House of Representatives, Conservation and State lands Committee . Ralph Poppell, Florida House of Representatives, Joint Committee on Everglades Oversight The Florida Senate Ken Pruitt, The Florida Senate, President of the Senate JD Alexander, The Florida Senate, Agriculture Committee, General Government Appropriations . Burt Saunders, The Florida Senate, Environmental Preservation and Conservation Committee, Joint Committee on Everglades Oversight . Nan Rich, The Florida Senate, Environmental Preservation and Conservation Committee Paula Dockery, The Florida Senate, Environmental Preservation and Conservation Committee . Don Gaetz, The Florida Senate, Environmental Preservation and Conservation Committee . Dennis Jones, The Florida Senate, Environmental Preservation and Conservation Committee . Charlie Justice, The Florida Senate, Environmental Preservation and Conservation Committee . David Aronberg, The Florida Senate, Joint Committee on Everglades Oversight lee Constantine, The Florida Senate, Joint Committee on Everglades Oversight Department of Environmental Protection . Michael W. Sole, Secretary, Department of Environmental Protection . Jennifer Fitzwater, Deputy Secretary, Department of Environmental Protection . Greg Knecht, Department of Environmental Protection, Director, Ecosystem Projects Janet Llewellyn, Department of Environmental Protection, Director, Division of Water Resource Management The Florida Senate Committee on General Government Appropriations Jamie Deloach, Staff Director The Florida Senate Committee on Environmental Preservation and Conservation & Joint Committee on Everglades Oversight . Wayne Kiger, Staff Director The Florida Senate Committee on Agriculture . Jeff Poole, Staff Director The Florida House Committee on Agribusiness . Susan Reese, Staff Director 161 lA3 House Environment and Natural Resources Council . Tom Hamby, Staff Director The Florida House Committee on Environmental Protection . Mike Kliner. Staff Director The Florida House Committee on Conservation and State Lands . Leonard Zeiler, Staff Director County Commission Chair Josephus Eggelletion, Jr., Broward County Commission . Chair, Richard Loftus, Charlotte County Commission Chair, Jim Coletta, Collier County Commission . Chair, K.S. "Butch" Jones, Glades County Commission . Chair, Kevin McCarthy, Hendry County Commission Chair, Guy Maxcy, Highlands County Commission . Chair, Bob Janes, Lee County Commissioner Chair, Lee Weberman, Martin County Commission Chair, Bruno A. Barreiro, Miami-Dade Commission . Mayor Mario Di Gennaro, Monroe County Commission Chair, Ray Domer, Okeechobee County Commission . Mayor Richard T. Crotty, Orange County Commission Chair, Ken Shipley, Osceola County Commission . Chair, Addie Green, Palm Beach County Commission . Chair, Bob English, Polk County Commission . Chair, Chris Craft, SI. Lucie County Commission State of Florida Charlie Crist, Governor Eric Eikenberg, Executive Office of the Governor, Chief of Staff Brett Cyphers, Executive Office of the Governor . Ken Kuhl, Executive Office of the Governor Water Management Districts . Larry Wright, Northwest Florida Water Management District Daryl Pokrana, Southwest Florida Water Management District . Vern Roberts. Suwannee River Water Management District . Vicky Kroger, SI. John's Water Management District 161 lA3 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3 4 RESOLUTION NO. 2008-990B 5 6 A RESOLUTION OF THE GOVERNING BOARD OF THE SOUTH 7 FLORIDA WATER MANAGEMENT DISTRICT ADOPTING THE FINAL 8 MILLAGE RATES AND CERTIFYING THE TAX LEVY FOR THE SOUTH 9 FLORIDA WATER MANAGEMENT DISTRICT, THE OKEECHOBEE BASIN 10 OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND THE 11 EVERGLADES CONSTRUCTION PROJECT WITHIN THE OKEECHOBEE 12 BASIN FOR FISCAL YEAR 2008-09; PROVIDING AN EFFECTIVE DATE 13 14 WHEREAS, the Governing Board of the South Flonda Water Management Dlstnct 15 in compliance with and by authonty of Chapters 200 and 373, flonda Statutes, as 16 amended, and Chapter 25270, Laws of Florida, Act of 1949, shall on September 23, 2008, 17 adopt Its budget for Fiscal Year 2008-09, and 18 WHEREAS, the Govemlng Board conducted a public hearing on September 10, 19 2008 and adopted tentative millage rates and a tentative budget; and 20 WHEREAS, It IS determined that a tax levy of two thousand five hundred forty-nine 21 ten thousandths mill (2549 mill) ($.2549 per $1,000 of assessed value) upon all property 22 lying within the Distnct subject to the Distnct's tax IS necessary to provide funds fOI D:stnct 23 budgeted expenditures; and 161 lA .3 1 WHEREAS, It is determined that a tax levy of two thousand seven hundred nl nety- 2 seven ten thousandths mill (2797 mill) ($.2797 per $1,000 of assessed value) upon all 3 property lYing within the Okeechobee BaSin subject to the BaSin's tax IS neccssa ry to 4 provide funds for Okeechobee Basin budgeted expenditures; and 5 WHEREAS, it IS determined that a tax levy of eight hundred ninety-four ten 6 thousandths mill (0894 mill) ($.0894 per $1,000 of assessed value) upon all properly lYing 7 within the Okeechobee Basin subject to the Basin's tax IS necessary to prOVide fund s for 8 the design, construction, and acquisition of the Everglades Construction Project and for 9 such other purposes as authonzed in subsection (4)(a) of Section 3734592, Florrda 10 Statutes, as amended by Ch 2003-12, Laws of FlOrida, and 11 WHEREAS, It is determined that the combined total tax levy of the District and tile 12 Okeechobee Basin is six hundred twenty-four thousandths mill (6240 mill) ($ 6248 pel 13 $1,000 of assessed value); and 14 WHEREAS, the millage rate to be levied by the District for the District tax IS 6.42 15 percent (6.42%) less than the rolled-back rate and said percentage is the percentage 16 decrease In property taxes to be adopted by the District; and 17 WHEREAS, the millage rate to be levied by the District for the Okeechobee BaSin 18 tax (other than for the Everglades Construction Project) is 636 percent (6.36%) less !flan 19 the rolled-back rate and said percentage is the percentage decrease in property taxes to 20 be adopted by the District; and 21 WHEREAS, the millage rate to be levied by the District for the Everglades 22 Construction Project is 6.39 percent (639%) less than the rolled-back rate and said 23 percentage is the percentage decrease In property taxes to be adopted by the District; 16 1 A3 1 WHEREAS, the millage rates established In this resolution do not exceed the rates 2 adopted by the Governing Board at the public hearing on the tentative millage rates and 3 the tentative budget; now therefore 4 BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER 5 MANAGEMENT DISTRICT: 6 Section 1. There is hereby levied and assessed on the tax rolls for the year 2008 a 7 uniform ad valorem tax on all property In the Dlstnc: as determined for county taxing 8 purposes at the rate of two thousand five hundred forty-nine ten thousandths mill (.2549 9 mill) ($.2549 per $1,000 of assessed value) on the dollar on the assessed valliatioll of 10 such property 11 Section 2. There IS hereby levied and assessed on the tax rolls for the year 2008 (for 12 purposes other than the Everglades Construction ProJect) a uniform ad valorem tax on all 13 property In the Okeechobee Bas,n as determined for county taxing purposes at the rate or 14 two tholisand seven hundred ninety-seven ten thousandths mill (2791 rrllll) ($ 2797 per 15 $1,000 of assessed value) on the dollar on the assessed valuation of such property 16 Section 3. There is hereby leVied and assessed on the tax rolls for the year 2008 a 17 uniform ad valorem tax on all property in the Okeechobee BaSin as determined for county 18 taxing purposes at the rate of eight hundred ninety-four ten thousandths mill (.0894 mil) 19 ($0894 per $1,000 of assessed value) on the dollar on the assessed valuation of such 20 property for the purposes of design, construction, and acquisitio~ of the Everglades 21 Construction Project and for such other purposes as authorized In subsection (4) (a) of 22 Section 373.4592, Florida Statutes, as amended by Ch 2003-12, Laws of F'lo/lda 23 Section 4. Said two thousand five hundred forty-nine ten thousandths mill ( 2549 mill) 24 ($.2549 per $1.000 of assessed value) tax levy IS hereby certified to the Department of 161 lA3 1 Revenue and the respective Tax Collectors and Property Appraisers of each of the 2 counties wholly or partially embraced within the IIIT1IIs of the South Florida \/Vater 3 Management District for extension on the 2008 tax rolls of each of said counties 4 Section 5. Said two thousand seven hundred ninety-seven ten thousandths mill (.2791 5 mill) ($ 2797 per $1,000 of assessed value) tax levy is hereby certified to the Department 6 of Revenue and the respective Tax Collectors and Property Appraisers of each of the 7 counties wholly or partially embraced within the limits of the South Florida \/Vater 8 Management District for extension on the 2008 tax rolls of each of said counties 9 Section 6. Said eight hundred ninety-four ten thousandths mill ( 0894 mill) ($0894 per 10 $1,000 of assessed value) tax levy IS hereby certified to the Department of Revenue and 11 the respective Tax Collectors and Property Appraisers of each of the counties wholly or 12 partially embraced within the limits of the South Florida Water Management District for 13 extension on the 2008 tax rolls of each of said counties 14 Section 7. The combined total tax levy of the District and Okeechobee BaSin (including 15 the Everglades Construction ProJect) is six hundred twenty-four thousandths mill (.6240 16 mill) ($.6240 per $1,000 of assessed value). 17 Section 8. The millage rate hereby levied by the District for the District tax IS 642 18 percent (642%) less than the rolled-back rate and said percent is the percentage 19 decrease In property taxes hereby adopted by the District 20 Section 9. The millage rate hereby levied by the District for the Okeechobee Basin tax 21 (other than for the Everglades Construction ProJect) is 636 percent (636%) less than the 22 rolled-back rate and said percent IS the percentage decrease In property taxes hereby 23 adopted by the District 161 lA3 1 Section 10. The millage rate hereby levied by the District for the Everglades Construction 2 Project tax IS 639 percent (6 39%) less than the rolled-back rate and said percent is the 3 percentage decrease In property taxes hereby adopted by the District 4 Section 11. The Governing Board hereby certifies the tax levy for the District to the 5 Property Appraisers and Tax Collectors of the counties in Wlllch the Distnct levies Ad 6 valorem taxes and authorizes whatever action required by law to Impose and collect the 7 taxes levied herein 8 Secfion 12. This resolution shall take effect immediately upon adoption 9 PASSED AND ADOPTED thiS 23rd day of September, 2008. 24 25 26 27 10 11 12 13 ,...\\\\\\\1\1111 ", ORIO "" "",,~~ ~~ ~J It'!}" ~/$:(OF F7/!:<-:p'\ -,- ~'(, -. ,p.~-" f <:;;~'S E"A" -l ~ ~% :::~ :.J.""'::': ;:oc:; ~'"):: ~.a:: \, rn... -:'0 "N .~:; ~cP ~ -~ ~ !it.)f " .:'. d't. .:>fj"l,i; 'Y:'- ATTEST. \~ qOllshed \ *,:,,':- "I"I?;fO~ A- \~\'t.'S""" 11II v ... ~ "..., { 1111\\,,\\\\\' BY~~~1()5 L...- '- 14 15 16 17 18 19 20 21 22 23 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD BY ~ Chair Approved as to form BY~_~~_ Office of Counsel 161 lA3 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3 4 RESOLUTION NO. 2008-9918 5 6 A RESOLUTION OF THE GOVERNING BOARD OF THE SOUTH 7 FLORIDA WATER MANAGEMENT DISTRICT ADOPTING THE FINAL 8 MILLAGE RATES AND CERTIFYING THE TAX LEVY FOR THE SOUTH 9 FLORIDA WATER MANAGEMENT DISTRICT AND THE BIG CYPRESS 10 BASIN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT 11 FOR THE FISCAL YEAR 2008-09; PROVIDING AN EFFECTIVE DATE 12 13 WHEREAS, the Governing Board of the South Florida Water Management 14 District in compliance with and by authority of Chapters 200 and 373, Florida Statutes, 15 as amended, and Chapter 25270, Laws of Flonda, Act of 1949, shall on September 23, 16 2008, adopt its budget for Fiscal Year 2008-09; and 17 WHEREAS, on August 27, 2008 the Basin Board of the Big Cypress Basin 18 passed a resolution to the Governing Board recommending millage rates for the area of 19 the District encompassing the Big Cypress Basin, and 20 WHEREAS, the Governing Board conducted a public hearing on September 10, 21 2008 and adopted tentative millage rates and a tentative budget; and 22 WHEREAS, It is determined that a tax levy of two thousand five hundred forty- 23 nine ten thousandths mill (2549 mill) ($ 2549 per $1,000 of assessed value) upon all 16' lA5 property lYing within the District subject to the District's tax IS necessary to provide funds 2 for District budgeted expendit~res, and 3 WHEREAS, it's determined that a tax levy of two thousand two hundred slxty- 4 five ten thousandths mill ( 2265 mill) ($ 2265 per $1,000 of assessed value) upon all 5 property lYing within the Big Cypress Basin subject to the Basin's tax is necessary to 6 provide funds for Big Cypress Basin budgeted expenditures, and 7 WHEREAS, It IS determined that the combined total tax levy of the District and 8 the Big Cypress Basm is four thousand eight hundred fourteen ten thousandths mill 9 (4814 mill) ($.4814 ::Jer $1,000 of assessed value); and 10 WHEREAS, the '11ll1age rate to be levied by the District for the District tax is 6 42 11 percent (6.42%) less than the rolled-back rate and said percentage is the percentage 12 decrease in property taxes to be adopted by the Dlstnct; and 13 WHEREAS, the millage rate to be leVied by the District for Big Cypress Basin 14 tax is 702 percent (702%) less than the rolled-back rate and said percentage is the 15 percentage decrease In property taxes to be adopted by the District, and 16 WHEREAS, the millage rates established in this resolution do not exceed the 17 rates adopted by the Governing Board at the public hearing on the tentative millage 18 rates and the tentative budget, now therefore 19 BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA 20 WATER MANAGEMENT DISTRICT: 21 Section 1. There is hereby levied and assessed on the tax rolls for the year 2008 a 22 uniform ad valorem tax on all property in the District as determined for county taxing 23 purposes at the rate of two thousand five hundred forty-nme ten thousandths mill ( 2549 161 lA3 mill) ($.2549 per $1,000 of assessed value) on the dollar on the assessed valuatlo n of 2 such property. 3 Section 2. There is hereby levied and assessed on the tax rolls for the year 2008 (for 4 purposes other than the Everglades Construction Project) a uniform ad valorem tax: on 5 all property in the Big Cypress Basin as determinea for county taxing purposes at the 6 rate of two thousand two hundred sixty-five ten thousandths mill (.2265 mill) ($2265 per 7 $1,000 of assessed value) on the dollar on the assessed valuation of such property 8 Section 3. Said two thousand five hundred forty-nine ten thousandths mill (2549) 9 ($.2549 per $1.000 of assessed value) tax levy IS hereby certified to the Department of 10 Revenue and the respective Tax Collectors and Property Appraisers of each of the 11 counties wholly or partially embraced with the limits of the South Florrda Water 12 Management District for extension on the 2008 tax rolls of each of said counties 13 Section 4 Said two thousand two hundred Sixty-five ten tllousandths mill (.2265 mill) 14 ($,2265 per $1,000 of assessed value) tax levy IS hereby certified to tile Department of 15 Revenue and the respective Tax Collectors and Property Appraisers of each of the 16 counties wholly or partially embraced Within the limits of the South Florida Water 17 Management District for the extension on the 2008 tax rolls of each of said counties 18 Section 5. The combined total levy of the District and Big Cypress BaSin is four 19 thousand eight hundred fourteen ten thousandths mill (.4814 mill) ($.4814 per $1,000 of 20 assessed value) 21 Section 6. The millage rate hereby leVied by the Dlstnct for the Dlstrrct tax IS 6.42 22 percent (6.42%) less than the roiled-back rate and said percent IS the percentage 23 decrease in property taxes hereby adopted by the District 23 24 16\ lA3 Section 7. The millage rate hereby levied by the Dlstnct for the Big Cypress Basin tax 2 IS 702 percent (702%) less than the rolled-back rate and said percent is the 3 percentage decrease In property taxes hereby adopted by the Dlstnct 4 Section 8. The Governing Board hereby certifies the tax levy for the DistrICt to Property 5 Appraisers and Tax Collectors of the counties in which the Distllct leVies ad Valorem 6 taxes and authollzes whatever action required by law to impose and collect the taxes 7 leVied herein 8 Section 9. This resolution shall take effect immediately upon adoptlO'l 9 PASSED AND ADOPTED thiS 23rd day of September, 2008 10 ';. \ ,\ " \ 11 " II : ~ ; I ,l . ..,>' '. O"I.!' "i .~~~,~ ~L' ,;':.t.,} h /i/) $'~S'~['-()-F ~'-;2>:-;~/~" ::: -'J~"\'\.''-1.--;J~'7 ',~ = c.,,"'I'- /; ~~, '/ :-: ~...~" ----'.~:;.~- '-() ~~. "'"' ~~ :.: Q,) "'... '?\~:_'~-:' ;: c., r'I r i~i 1 ! <;~.; .u:~"'" I'" ",,- ~ ;; u ~ _'J/~.~ j: ~~, ^"_J;S.~ ~~b/{;~i 1;. & "eY$ \1\:''';'/'::'::;= \ ~'~.b!l$he~~~~> ,,~ ATTEST ""'174(;"-- \'J\~~~,,"' BY d2u;jl~1'~'~" .-0'''''" Cloc" ~ L Chair 11 12 13 14 15 16 17 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD 8Y.____~ _________ 18 19 20 21 22 Approved as to fO~~ BY jvv )jv__d__ Office of Counsel 161 lA3 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3 4 RESOLUTION NO. 2008-992B 5 6 A RESOLUTION OF THE GOVERNING BOARD OF THE SOUTH 7 FLORIDA WATER MANAGEMENT DISTRICT ADOPTING THE FINAL 8 BUDGET AND WORK PLAN FOR FISCAL YEAR 2008-09; PROVIDING 9 AN EFFECTIVE DATE 10 11 WHEREAS, Chapters 200 and 373, Florida Statutes. as amended, and Chapter 12 25270, Laws of Florida, Act of 1949, require the Governing Board of the South Florida 13 Water Management Distnct to adopt a final budget for each fiscal year; and 14 WHEREAS, the Governing Board of the South Florida Water Management 15 District, after careful consideration and study, has caused to be prepared a tentative 16 budget for the District covellng its proposed operation and requirements for ttle fiscal 17 year beginning October 1, 2008, and ending September 30. 2009, and 18 WHEREAS. notice of intention to adopt said tentative budget or as the same may 19 be amended, setting forth said tentative budget In full as the final budget for said Dlstflct 20 for said fiscal year, was duly published in newspapers of general circulation In eadl 21 county having land In the District, all required by law; and . ..-...~-,.._..._,. .-.-,.-- .....,,_._--,.~'...."_.._' 16i 1 A 3 WHEREAS, a public !learlng was held by the Governing Board of the South 2 Florida Water Management Dlstnct in West Palm Bead'. Florida, on September 23rd, 3 2008 at the time and place prOVided In said notices, now therefore 4 WHEREAS, the Governing Board of the District desires to, simultaneously with 5 the adoption of this resolution, approve the transfer of funds to the extent set forth 6 below, and 7 WHEREAS, the budget presented here contains an estimate of $136,524,157 In 8 commitments previously entered Into and antiCipated to be outstanding at the start of 9 the fiscal year, including the source of funds anticipated to be used In completing these 10 commitments, /lOW therefore 11 BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA 12 WA TER MANAGEMENT DISTRICT: 13 SECTION 1. The attached budget is hereby adopted as the final budget of the 14 District for the fiscal year beginning October 1, 2008 and ending September 30, 2009, 15 and It shall be the official operating and fiscal gUide of the District for said fiscal year 16 ThiS Resotutlon authorizes during said fiscal year all transfers of funds in Individual 17 amounts within, but not among Funds, Resource Areas or Programs as set forth below 18 ThiS Resolution further authorizes dUring said fiscal year the transfer of funds to 19 managerial reserves within but not among funds (as necessary) from disencumbered 20 contract or purchase order balances, cancelled or deferred projects and unencumbered 21 department fund balances and approves the Annual Work Plan for the fiscal year 22 beginning October 1, 2008 and ending September 30, 2009. 161 lA3 SECTION 2. The Executive Director, or her designee. may revise the adopted 2 FY2008-09 Budget to reflect actual commitments outstanding at the start of the fiscal 3 year as well as the source of funds anticipated to be used in completing these 4 commitments if different from the estimated contained herein 5 SECTION 3. This resolution shall take effect Immediately upon adoption 6 PASSED AND ADOPTED this 23rd day of September 2008 7 8 9 10 11 12 13 14 15 ATTEST. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD ~ Chair BY 16 By.chu~Jn~ District Clerk ~(::F~"",," L- ""~'t- ~\.ORIDtI ~;l."", .c:.::-'~~\ -~Of' --~~"\ = "" '\~ ~O..p .1> '(, Approved as to form =' ~ J.....~ --e.'f(Ifoo- .~ ~~, ;: "'J '?~~ JA' .Q~ ~~ SEAL ~;~BY.,--~.~u ----- ..-"""'" .,..,,. ,,0 .'",-:,' Office of Counsel 'r:P ~ --.-..- '" .'>" \ & ~l. flj~ ~~... III,~ "'Ct/sheij "i ~~.:" "f'fff'f:(oe . ~~\~~""" 111\\\\\\\\\\\\' 17 18 19 20 21 22 23 SOU1H FLOR'DA WATER MANAGEMENT DISTRICT RESOLUTION NO 2008" 99tB FINAL ADOPTION OF BUOGET FOR FISCAL YEAR 2008.09 TOTAL SPEC:AL rCTAL CAPITAl INTERNAl GENERAL REVENUE PRO.JECTS SERVICE FUND FUNDS rUNDS FUNfJ PROJECTED REVENUE Milla(Jes 1\d Vdlu(~(r OISlrlc! 0;;'549 $218,947,0311 Ad Valorem, Okel'l:ilOIH:e BaSin 02197 218.913,772 AdValorern_ Big Cypress Bas;n 0.1265 1"' 31E\,376 Ad Valorem Everglades ReSlorolroll OCJ894 tiY,990 ~ 117 AgriCUUuralPllvllege Tilxes \1,aGO,UDO !nlergovemml:'nlal 0 43,741.013 'J5,906,641 ~1c.en5e5. f'el'lllts /!. f'Ell's 3,6(]5550 499000 0 Invf!slrnenllncome ~900_000 :unoco 2.058,IIOli Mis-cellaneous ').075000 2,015,000 0 Otherf'lndncmg Scurces 1,701),OCO.c-C\(I OepallrnenlClldfgP" ~(i81i.JJ9 TOTAL REVENUES 2JO,5B7,580 286,320,161 1,'l19,5~5,634 5,06b,JJ9 fund Uilla/l(;e Desigllateu ]1,634451 42279J:l~ 458 '141 ,5~1 TOTAL PROJECTED REVENUES AND BALANCES 262 :n~ 031 J2B.599493 2373097221 5085339 Opelallnglranslers(Netj (75,721.936) (100,961,215) 177,095,085 TOTAL 186500095 22763627e 2555192907 5085339 Ellcumt)fance~ Funded by FUlld Clalance 2;lUJ1,nl 51,4d1,708 45,<!60,641 115:JI Fncumbrances Funded III Future Revenue 454J.f)2ij 11,184,904 TOTAL PROJECTED RI:VENUES, BALANCES AND lHANSH:;RS '$209531509 1lJll663614 $26126J6452 ~.lQLtl"~J BUOGETEO EXPENDI-:-URES Corporate Resoufce5 CERP $IJ,BJOOOO COastalWalershecls 177173 DaD Oi,tncl Ever91~r1e5 1,409,(3)J Kissimmee Restoration 42,343 250,0(1) LakeOkcec.l1otHIe 369.341 LWIG SleWarclShjp 9,OC-O MI~SiOII Suppol1 7:3,955,1[)0 ?Ofl,179 '),OlH:i339 Modell/Hi & S(A!tlllr,c ~Llppor\ 164.339 OpeliltiollS & ~,la:rlle"llnce e47.66~ 21?,!clO RtJ\JlJlallOJi 'fL,!34 11,OCO Water0upply 75,000 Corporale Resources Total 75,41U04 2,J54,65J 15,5g0,733 5,086,339 Everglades Resloration CERP 1767,277 1,891 J44.279 Coasl~IWatersheds 6,a20,~10 38,217 7.702~ 16 DI;;tricl Evergladl;$ 21,7<18 80,875,tDe Klssllnm~e Resloldlion 59",711 7:\4,900 L<lk"OkeecllUbee 13,002,707 16,011 ,()4~ Lall(j Slewalrh!lIp 182,(;49 4.4'JO,814 1i4U,U()(J MOdeling & 5ci"nllflc Suppurl 4.9Jl,471 Operaliofls & Ma'nlen;:mce 141,696 5,301.541) R"gulali(J(1 192,167 WalerSupp:y I,005,1Jl EVl!rglades Rl'sloralton TiJlal 13,247,215 25,914874 1,997,<,o~,n4 Government & Public Affairs Resource Area CERf' 51.254 I,:W;>, /~9 C0351alWalershcds !:J2,855 143!l5,534 KIssImmee Hesloration 218,455 lakeOkeeO'obee 306,439 land Stewalushlp 3,680 MlssiorrSupport 6,099,002 4,536.791 Modehng & Sc;enlirl(;~upport 125.000 Operalions /3, M,-lIntE1ndllU~ 3,587,23>1 11,OCO.OOO Regulaliol1 ~32.4Rf) 50,3<14 WatcrSupply b33,506 1.1J73,041:l Guverulnenl & Public Aflalrs Hf'source Area Total 7,182,949 25.014.784 14,395,759 16' lA3 TRUSY & TOl'flL AGENCY >\OOI'If,n FU~JD flUOGF1 $2\89470JO ;>1I:l,\1/],17l' 17JIHJ7li b~J,990 187 11,600000 '/9,647.654 4.164 ;,50 ~i.-'O.OOD 9,OJ1,806 1,OYOOGO jr)Il.OOll.OD0 S08GJJ9 300,000 7,441,849.114 1 1 2,S3~> 5J2567,9iY, 412535 2974i1l...6.12 (412,535) () Q 2 974 <t17 61 ~ 1?U79fl,{i!'} 15,nil.53? U2 1l..lJS'.~.'!LU_~ $13,9JIlOQO UIiJ7J 1 ,4 0 9.3:; ~\ 2Cl2,J4:l 3V1.J41 9JI(J1J flO,l4G,/Ofl 1[\4,.1:19 10b\45~ 18:1,1:1<1 FJOO::: 9B,44J,22~ 1,11::13.111,556 14.56110/ IJO,erJ7.Je6 1.427,bl1 29,613.249 5,5u4fiJ 4.901,471 'iSIl:l:i:JG I ~J2. Hi" I,OU!!,::1? 2,0;16,730,8n 3,44/l)lJ 14,47[Ua9 ~ 1il,455 ;JOR.4J9 3.6HO 10,635,/93 1<!5,OUU I 4, ~,lJ 7, 239 (~j L ,IJ J 1I 2.:JUb,6S4 46,59J,492 O&M Resource Areil ClRf) COi1slalWatersheds [J.slnCIEverglades KISSrOlmelJ Res:oratrUIl la~tlOkeec:hobe(> L<lfld Stewardship M'ssionSuppOr1 Modellllg!. ScienlificSuppor1 Opeiation~;\, Malrll13ndflce Rllgllfal>on WalerSupply O&M R(I$OtHCe Area Total Wilter Resources Management CI:RP CUoSl<JlWdlerslleds OiSlriClb'ilr(jlades Kis~imllllle Resloralioll lakoOkeechobee Mudellng&. Sdenlilic Suppon OperdliorlS& M"liltcnanl.:e ftegulalioll \!VOller Supply WalerResClurces MillIilgemllllt Tola! ReslDetlt/FeeS/Crlarges CERP CoaslalWalersher!s Dislrict Everglades lakl~ OkeeCllOlJee Lam: Slewardsnip Misslol1 Support OperClllorls&Ma:nlrmartce WalerSupp:y ReslDebVFeeslCharges Total TOTAL BUDGETED EXPENDITUHES ENCUMBRANCES TOTAL 8UDGETED EXPENDITURES AND ENCUMBRANCES 161 lA3 GENERAL FUND TOTAL SPECIAL REVENUE FUNDS rOTAl ADOPT ED 81)0(;[' I TOTAL CAPITAL PROJECTS FUNDS INfERNAL SERl/fCE FUND TRUST & AGENCY FUND \,646,:;97 2}fJ4()1 ~ ]tjGU!:i12 24:),935 200,3116 4'163(1 1J.743,951 fi,h!JIJ,61:' ~O"lj2(in 6352139 GJ5,280 9!D,fi67 ~J 7~.I;b 1 10,256.726 1(U~,G.72[) :13,135 137,168 ~7(U03 432,GOJ 4;;;>,1;03 10851.745 73,\11,501 4"/513,621 1JI,41b,8b9 3D1.26S JOI,265 764,177 764,117 12,628,860 100,?10,2B5 56,506,310 169,845,455 30,090 10, 76~,90() IO/9G,5()O 3,768,080 J.?2J.037 I,V4,D75 1l/1(,O9'l 2,372,261 17,ll12.:i12 2O,2tHIl:\!J 4.850,OG5 4l.15(jOG~1 12,197,469 3,310,UI)0 15,507,469 11,J131,88ll 11:161,[189 44,619 35,nS /~U3'1", 1B,68Vi29 iB.li82,82'l 22,20B,860 0,831.330 31040190 56,066,277 31,54(1,083 J3,llJ,447 liO,819,507 069,859 831,165 140,021J2? 1<1\,82;'>,75;.> ~ ,287 ,416 5,055.003 347,543 9,Ml'UJ62 3,170,466 ;:55,191),659 2511,361,125 1,OCO,00fJ 4~ 417,855 43,1ll.ll55 7,072.862 7,072,lib;'> 12,206,005 9,930592 n,1:Jbyrr 1 ~ .ll73.~; 10 14,9!:l~\[j {50U,OCO 4,tlUO,OO!J 2:,\163,280 4Z,04J,599 <137,977,684 501,984,16J 186 ~OO 095 227638278 1555192901 ~086 JJ~ Q L1l~! ,.b.~~ n,031,714 56,025.396 5744:,545 21,502 0 1 )1; 524, \ ~) ,I $2095318~ $283663674 $2612638i~ g,1078'!l lQ ill1Q.'!11JBi VERONA WALK COMMUNITY DEVELOPMENT DISTRIC! 6 I 1 A + c/o Special District Services, Inc. RECE\VED 2501 Burns Road, Suite A Palm Beach Gardens, Florida 33410 SEP 29 2008 (56 I) 630-4922 Fax: (561) 630-4923 i30ard of County Commissioners September 12,2008 Clerk of the Circuit Court Dwight E. Brock Collier County Courthouse 3301 E. Tamiami Trail, Building L, 6th Floor Naples, Florida 34112 ~ '" ~ -<. n r/) -;-', \ .-- en ,"1"1 I '" --0 ';':::; -r\ I ?' r-:> "'i- 0 W ""'1 _'<'11;\ -0 .,,<.0 ::Jl: ",'1 -- -,.' - C)O ., -,::; tn ~ ~l.Jl W c:J .~",~ VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Re: Verona Walk Community Development District To Whom It May Concern: Pursuant to Florida Law, enclosed please find the Fiscal Year 2008-2009 (October I, 2008 - September 30, 2009) Regular Board Meeting Schedule for the Verona Walk Community Development District, as published in the Naples Daily News on September 5, 2008. If you have any questions and/or comments, please do not hesitate to contact our office. Sincerely, SPECIAL DISTRICT SERVICES, INC. L(~~~9tU~~ Enclosure Misc. ColJIeI: Dd:~ ltem~ tIoL(l)tVr (')pies to. 161 lALf- VERONA WALK COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2008/2009 REGULAR MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Verona Walk Community Development District will hold Regular Meetings at 10:00 a.m. in the Town Center at Verona Walk located at 8090 Sorrento Lane, Naples, Florida 34114, on the following date: o ..r:- -~..,O w ~U1 The purpose of the meetings is to conduct any business coming before the Board. Meetings are-' open to the public and will be conducted in accordance with the provisions of Florida Law. Copies of the Agendas for any of the meetings may be obtained by contacting the District Manager at (561) 630-4922 and/or toll free 1-877-737-4922 five (5) days prior to the date of the particular meeting. October 10,2008 November 14, 2008 December 12, 2008 January 9, 2009 February 13,2009 March 13, 2009 April 10, 2009 May 8, 2009 June 12, 2009 July 10,2009 August 14, 2009 September 11,2009 ,:J;;l ...., = ,-< = C") "'" r- GI) ,." ,..., ;:0 -0 ;x; .g-q a N ""'1 W -..r ..., .........,p Q -0 ;<0 c= :x A' ,":J From time to time one or more Supervisors may participate by telephone; therefore, at the location of these meetings there will be a speaker telephone present so that interested persons can attend the meetings at the above location and be fully informed of the discussions taking place either in person or by telephone communication. Said meetings may be continued as found necessary to a date and time certain as stated on the record. If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meeting should contact the District Manager at (561) 630-4922 and/or toll free 1-877-737-4922 at least seven (7) days prior to the date of the particular meeting. VERONA WALK COMMUNITY DEVELOPMENT DISTRICT PUBLISH: NAPLES DAILY NEWS 09/05/08 161 1 Bl v July Ifi~1m8 Halas Henning Coyle Coletta MINUTES OF THE MEETING OF COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE RECEIVED SEP 2 4 2008 b.13rd tJf County CommtMioners Naples, Florida, July IS, 2008 LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East Naples, Florida with the following members present: CHAIRMAN: Michele Antonia Marcia Breithaupt Dr. Ruth Eisele Sergeant David Estes (absent) Tom Kepp, Jr. Sabina Musci Jim Rich ALSO PRESENT: Nan Gerhardt, Shelter Operations Manager Kathlene Drew, Volunteer Coordin'M1W~S Date..! D;;l.~ ~ itemttlloIL' _B I 161 1 B [ July 15,2008 I. Call to Order Chairman Michele Antonia called the meeting to order at 6:35 P. M. II. Roll Call Attendance was taken and a quorum established. III. Approval of Agenda Sabina Musci moved to approve the agenda. Second by Tom Kepp. Carried unanimously, 5-0. IV. Approval of Minutes: June 17,2008 Change: VI.D - Page 3 Off-Site Adoptions Chairman Antonia announced the off-site adoption. should read - Kathlene Drew VII - Page 4 Public Comments - Stephen Wright's last comment should read - Make more adoptions a DAS priority Jim Rich moved to approve the Minutes of April 15, 2008, as amended. Second by Sabina Musci. Carried unanimously, 5-0. Marcia Breithaupt arrived at 6.37 pm V. Old Business A. Director's Report Nan Gerhardt, Shelter Operation Manager reported last month the shelter took in an excess of 780 animals. She announced the "New and Completed Revised" Animal Control Ordinance 93-56 including Committee and Public comments going before the BCC on July 22, 2008 which includes the following: . Provide that the dog will be identified on the DAS website by name, address, and a color photograph. . Require that any dog declared "Dangerous" must be spayed or neutered. . Establish clearer definitions of "at large" and "direct control" for the purpose of strengthening the County leash law. . Provide for mandatory spay/neuter, at the owner's expense, for animals returned to owner after second impoundment. . Provide that Domestic Animal Services may deny issuance of a license to any animal without a current rabies vaccination. . Clarify the process through which Domestic Animal Services may conduct an investigation upon receipt of two "affidavits of complaint." . Provide that intentional falsification of information on an "affidavit of complaint" is a violation. . More fee definitions, surcharges on officer calls and other fee increases 2 July 15,2008 16l 181 Nan Gerhardt invited everyone to the BCC meeting on Tuesday, July 22, 2008. Amanda and Nan will be meeting with the Commissioners. Marla Ramsey, Division Administrator, will do the presentation. B. Departmental Statistics and Reports Nan Gerhardt provided copies of the Kennel Statistics Monthly Report on Intakes and Outcomes, Collier County Domestic Animal Services Shelter Report and DAS Monthly Report - Board for June 2008. Discussions ensued on statistics shown in the monthly reports do not always reflect a true picture. All the categories needed are not available. The animals often fit into one or more categories, in which the data entry person has to choose one for the best representation. Question concerning "Other" on the report was explained that it reflects the number of deceased animals and many of these animals had been hit by a car. Nan Gerhardt stated Amanda Townsend attended a conference on the software program. Tom Kepp expressed concern about the large number of animals euthanized and how unacceptable this is. He asked what some of the medical reasons are for euthanizing. Nan Gerhardt responded the biggest reason is upper respiratory infections and the older dogs have tumors and the animal is in bad shape. Euthanasia Techs are not trained to diagnose. Tom Keep stated during the month of June 539 animals were euthanized and he would like to see more resources to treat more animals. Nan Gerhardt responded at that time they had received 780 animals and the shelter has a capacity of only 200. Discussions ensued on educating the public on what to do and where to look for their pet when the animal is missing. Pet Harbor has a website where anyone can file a lost or found report on a missing pet and on DAS website where they can view the inventory or descriptions of animals found and placed in a shelter. For people without computers, call T.V. Happy Tails to have a 20-30 second Public Service Announcement at the end of the show. Jim Rich noted many people have moved from the North with indoor/outdoor pets and are in the habit of leaving their animals. Their mindsets are that their animals will return because they always do and by the time they call, it is too late. Discussions continued on working with the Human Society and the reasons people do not know where or how they might find their pet. Some people do not 3 July 15,2008 161 1 Bf want to eave their pets at a shelter because they do not want the animal euthanized and how space is one of the main problems. Nan Gerhardt pointed out DSA communicates with The Human Society on a daily basis and last week took 10 dogs from DAS. C. Update Board on Animal Foster Program Nan Gerhardt stated the information on the Foster Sponsor Program was submitted to Risk Management and is now currently in review. Jim Rich provided an insurance coverage package with costs he received from Kennel Pack, lnc. that will be forwarded to the Risk Management Department. This was found to be the best program after much research. . Liability . Non Profit Directors and Officers Liability . Directors & Officers Liability . Accidentallnsurance for Volunteers Dr Ruth Eisele suggested asking people for donations at different events or to have an auction to help pay for the insurance. Sneakers Steven Wright commented on the Foster Program on how he understood the Assistant County Attorney's objection was that you cannot get people to sign a document relinquishing their right to sue. He stated he has done some research on the issue and found if a volunteer receives full disclosure and are told the risks that are involved and make sure they understand they are responsible for their own insurance, then later if that volunteer decided to sue, the volunteer's chance to win his case in court would be almost nil. Some volunteer applications may already have a disclosure that includes a "Hold Harmless Agreement." Pallas Diaz stated that she and Sue Weatherford have been researching Grants for Collier relal Cat Clinic. Matte's Fund Grants are contingent on shelter statistics. She pointed out it was very important the statistics are as accurate as possible. She asked if there was a way to improve the accuracy of data input and if there was a way to break down the medical statistics to treatable and untreatable. Benjamin Rae stated the DAS Shelter Report reflects 40% cats euthanized and 43% cats euthanized for sickness, representing 3% more have been euthanized for sickness. He asked if the majority of sickness was related to Upper Respiratory Infections. Nan Gerhardt responded that several types of the sickness are represented in that number including Coccidian in younger animals and animals hit by a car. Benjamin Rae asked how many ofthose animals could have been helped. Nan Gerhardt responded the question would best be answered by the DAS veterinarian. 4 July 15,2008 161 181 Michelle Antonia asked when euthanasia is used for Coccidian. Nan Gerhardt responded euthanasia is not used for Coccidian but it would be used when an animal is very sick or a very small animal with Coccidian and may expire quickly. Dr Ruth Eisele stated she would prefer that ifDAS is so overwhelmed and there is not enough space or resources to take care of the sick animals and they could be helped, that the statistics show "No Space" rather than medical. The public needs to be made aware and she would rather see 200 animals be helped. Tom Kepp stated the shelter is overwhelmed with not enough resources and not enough space and in need of more volunteers and more volunteer homes. They need to find ways to provide that service. Nan Gerhardt stated the more the statistics can be refined would help make the public more aware of the problems. Jim Rich asked if it was also a staffing problem due to the amount of time it takes to care for the animals. Nan Gerhardt noted that animals are constantly brought into DAS. It is difficult to obtain resources for 780 animals a month. She stated she would update Amanda Townsend on the Committees' request for more refinement on statistics. VI. New Business A. Review of Shelter Open-to-the-public hours. Nan Gerhardt stated the review has not been completed. Amanda Townsend asked the staff to do more work on the proposal. VII. Public Comment Steven Wright commented ifthe new Ordinance is passed he hopes the Shelter will track the results to measure its success on the Spay and Neuter portion of the Ordinance. Nan Gerhardt responded the owner will be responsible for all fees. Pallas Diaz announced a group is going to participate in a "Round Table" on July 31 st in Lee County, with their County Commissioners and other Lee County rescue groups. She requested records on the number of cats and dogs at DAS that have actually come from Lee County in the last month. Lee County is making their shelter a limited capacity and they have reduced their hours. One of the purposes for attending will be to stop this process because it is atlecting this County. VIII. Advisory Board Member Comments Sabrina Musci inquired about the "Pooch" Program at Sugden Park. It was indicated that is a Parks and Recreation Program. Kathlene Drew announced that program has been put on hold, due to Health Department issues regarding the lake and bacteria. 5 161 181 July 15, 2008 Tom Kepp suggested the next goal for the Advisory Committee be working toward getting an Ordinance passed placing more restrictions on breeders and have it include everyone. Marcia Breithaupt asked why no one is offering free neutering with veterinarians volunteering equipment. Dr. Ruth Eisele commented on the Veterinarian Journal having interesting articles about Pennsylvania on puppy mil breeds and housing requirements that had to go through their State legislator. There being no further business for the good of the County, the meeting was adjourned by the order ofthe Chair at 7:45 P.M. The next meeting of the DAS Advisory Board is scheduledfor August 19, 2008 Collier County Domestic Animal Services These minutes were approved by the Board/Committee on as presented, or as amended L/ C;//(,/68 I / 6 161 IB~ B4YsAo'tI BMMllleatlolt M.S.' A Advisory Committee E 2885 Horseshoe Drive South REC IVED Naples FL 34104 OCT 0 2 2008 AGENDA },oar(j of County Commissioners Fiala Halas Henning Coyle Coletta July 9, 2008 I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - May 14, 2008 V. Landscape Maintenance Report - Ground Zero VI. Transportation Services Report A. Budget - Caroline Soto B. Project manager's Report - Tessie Sillery I. FDOT LAP Grant Project: Fountain/Lights 2. Crosswalks 3. FPL Utility Pole work Causing Breakage C. Update South Bayshore Project VII. Old Business A. Future Projects 2008 B. CRA Update Report VIII. New Business IX. Public Comments X. Adjournment Tlte lIext lIIeetill!! i, Sefltel11her jO. ]0011 at 4:00 PH Vaflle, Botanical Carrln" 411.'1i 8al"\l/('l"e Ori"l' Va,,(,',. Fl 3411.? Mise. Corres: Date:JQj;t-& I o<i Item # t lc I.(. \) BJ.-. Copies to 8~sAo'" 8<<Mttipeatiolt M.S.7.1e. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 September 10, 2008 AGENDA I. Call Meetin~ to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - July 8, 2008 V. Landscape Maintenance Report - Ground Zero VI. Transportation Services Report A. Budget - Caroline Soto B. Project manager's Report - Tessie Sillery I. FDOT LAP Grant Project: Fountain/Lights 2. Crosswalks 3. FPL Utility Pole work Causing Breakage C. Update South Bayshore Project VII. Old Business A. Future Projects 2008 B. CRA Update Report VIII. New Business IX. Public Comments X. Adjournment , ~Pt: il I.' ,\l.~. :;L. \. - \...~ t._.~ -v L ' ) ........ ocr 0 7 2008 Soar, of Counh, ~-m . '} \.AJ mIssioners Fiala Halas Henning Coyle Coletta The next meetinr: is NOI'ember 12. 2008 at 4:00 PM Naples Batanical Gardens 4820 Ban/lOre I)r;.'e /VI/ple.\. fL 34112 Misc. Corres: Date: Item # (.'r1es to 161 1 Bd- / Bav"'or. BMlJllleatlolt M.s.7 M. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 May 14,2008 Minutes I. Can to Order The meeting was called to order by Maurice Gutierrez at 4:05 PM. II. Attendance Members: Bill Neal (Excused), Tom Finn, Maurice Gutierrez, Conrad Willkomm, Victor Brittain County: Tessie Sillery - MSTU Project Coordinator, Caroline Soto- Budget Analyst, Roger Dick - Irrigation Project Manger Others: Aaron Gross - Ground Zero Landscape, Darlene Lafferty - Mancan, John Pallis III. Approval of Agenda Add: IV. A. Roger Dick Victor Brittain moved to approve the Agenda as amended. Second by Thomas Finn. Motion carried unanimously 3-0. IV. Approval of Minutes - March 12, 2008 Thomas Finn moved to approve the minutes of March 12, 2008. Second by Victor Brittain. Motion carried unanimously 3-0. A. Roger Dick reviewed a Quote from AG- TRONIX in the amount of $],750.00. He noted the quote included surge protectors for the lighting and a secondary power source. (See attached) Discussions ensued and the previous installation of a "new" Remote System was questioned. Conrad Willkomm arrived 4:11 p.m. Discussions continued and it was determined that Controllers were previously installed but did not include installation of Boards that are required for the Irrigation. 161 1 B d--c Aaron Gross noted the Irrigation Boards are old and corroded. The replacement of all 8 units was discussed. Thomas Finn moved to approve the replacement of the Irrigation Controller Boards (8) not to exceed $4,000. Second by Victor Brittain. Motion carried unanimously 4-0. v. Landscape Maintenance Report - Ground Zero Aaron Gross reported: ... Repair of a mainline break in the Irrigation caused by vehicle damage ... Fertilization of Shrubs and Turf complete ... Installed additional bed plantings in sparse areas ... Reviewed an Invoice in the amount of $731.00 for the following: i. Addition of a Lateral Zone and 4 Risers 11. 22 Bougainvilleas 111. 16 Dwarf Ixora Conrad Willkomm moved to approve the Invoice (from Ground Zero) in the amount of $731.00. Second by Victor Brittain. Motion carried unanimously 4-0. VI. Transportation Services Report A. Budget Report Caroline Soto distributed and reviewed. (See attached) . Available Improvements General $1,597,466.92 . Improvements General Actual Expenditures $204,086.34 . Ad Valorem Tax $768,096.17 (Paid to date) . Ad Valorem Tax $115,704.83 (Outstanding) B. Project Manager's Report -Tessie SiIIery distributed and reviewed. (See attached) 1. FDOT LAP Grant Project - Status <> FDOT Notice to Proceed for Construction 5/15/08 <> 21 day Bidding 5/23/08 - 6/13/08 <> Board of County Commissioners for approval 7/22/08 2. Crosswalks - Tessie SilIery - Project completion 1 - 2 weeks. Noted a change in Brick color. 3. Effluent Water Conversion Project - Completed 4. FPL Utility Pole Work Causing Breakage - Will submit invoice to FPL. C. Update South Bayshore Project - The Committee approved Contract with the Design Engineer was not approved by Purchasing. It was announced that the Ordinance was approved for the Name change and the addition of 2 Committee Members. 2 161 lBd- Maurice Gutierrez reported that during a CRA meeting it was implied that Board Members should obtain a County issued email. He will report at the July 9,2008 meeting if this is required. The question was raised if there were any immediate Projects that the Committee would consider. It was noted that Residents live on the side streets of Bayshore and should be considered. It was suggested to devise a plan in stages and based on funding. Conrad Willkomm moved to look into a plan that can implement lighting, sidewalks, landscaping, drainage, and different variations. Second by Victor Brittain. Discussions ensued and it was recommended that installation phases should start with less expensive items. Tessie Sillery recommended the implementation of a Master Plan. Victor Brittain volunteered to produce a pole count for the side streets. Victor Brittain reported 9 lights were out on Bayshore from US41 to Bayshore. Tessie Sillery will advise Southern Signal. She noted pole 47 is leaning. The motion was withdrawn. Conrad Willkomm left 5: 18 p. m. VII. Old Business A. Future Projects 2008 - None B. CRA Update - Previously discussed v.I. C. C. Newsletter Discussion - Victor Brittain stated that the hard work for Bayshore Dr. and the Crosswalks should be publicized. Thomas Finn reported the Newsletter will be published in November. He suggested including in the Newsletter - before and after photos, and cost figures for past Projects showing where taxpayer dollars were spent. Tessie Sillery will contact the Media for publicity coverage. VIII. New Business - None IX. Public Comments X. There being no further business for the good ofthe County, the meeting adjourned at 5:29 p.m. 3 161 Bayshore MSTU Advisory Committee j1/~ A ~ Maurice Gutierrez, Vice-Chairman These minutes approved by the Committee on as presented or amended The next meeting is July 9, 2008 at 4:00 p.m. Naples Botanical Gardens 4820 Bayshore Drive Naples, FL 34112 4 IB~ AG.TRONIX SPEClAUlIMG IN MOTOROlA IRRIGATION CONTROL SYsTEMS 1304 N. 15th STREET IMMOKALEE, FL. 34142 239-657-5519 CUSTOMER NAME 161 IB~ QUOTA liON/PROPOSAL DATE QUOTE NO. 4/25/2008 936 QUOTE GOOD FOR 60 DAYS. Collier County DOA 1MITransportation 2885 Horsesooe Drive South Naples. FI. 34104 TERMS REP SHIP VIA PROJECT Net 30 SLT ITEM DESCRIPTION QTY PRICE TOTAL MSTIJ Bayshore Rd Unit# 205/206 MLB-8-AC Surge Protector AC 2in/8oUl 4 235.00 940.00 This unit is at the far south location. It needs all four boards replaced. They are old style and have a lot of damage. Unit# 207/208 TSI Technical Services (Board Repair) I 75.00 75.00 EP Electronic Parts I 15.00 15.00 This unit will has one board with one bad switch. This can be repaired in the field. SCI Service Call I 40.00 40.00 IT Travel Time 2 40.00 80.00 FLI Field Labor 8 75.00 600.00 It's been a pleasure working with you! TOTAL $1,750.00 SIGNATURE / 'l-..,456~~ ~/'\ ... '.9"0 \~ T ? . ~ t MAY 3lO8 J ~ . RfCBVED ; ORDINANCE No. 08 - ~ , " $'.). V ~c--"~_ _ '0\,<0" AN ORDINANCE AMENDING ORDINANCE 97-82, WHICH ~1, CREATED THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING SECTION TWO (2) TO DELETE THE WORD AVALON FROM THE NAME OF THE MSTU; AMENDING SECTION SIX (6)TO INCREASEp!,:; THE MEMBERSHIP OF THE ADVISORY COMMITTEE FRO~'::: FIVE (5) MEMBERS TO SEVEN (7) MEMBERS AND TO DELETE:'_ THE WORD AVALON THEREIN; AMENDING SECTION EIGHT~;' (8) TO REFLECT AN INCREASE TO THE NUMBER OF ~~~.. ADVISORY COMMITTEE MEMBERS NECESSARY TO .~c: ~ CONSTITUTE A QUORUM; PROVIDING FOR CONFLICT AND, u' ,.0 SEVERABLIITY; PROVIDING FOR INCLUSION IN THE ~_,~ ~ COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND _ PROVIDING FOR AN EFFECTIVE DATE. 161 ~, ~:) = = ,... ""'" ;;0 '" co WHEREAS, on December 16,1997, the Board of County Commissioners adopted Ordinance 97-82, which created the Bayshore Avalon Beautification Municipal Service Taxing Unit; and WHEREAS, the Bayshore Avalon Beautification Municipal Service Taxing Unit Advisory Committee voted to increase its membership from five (5) to seven (7) members on January 23, 2008, and requested that the Board of County Commissioners amend and revise Collier County Ordinance No. 97-82 accordingly; and WHEREAS, on April 22, 2008, the Board of County Commissioners as the governing body of the Bayshore Avalon Beautification Municipal Seryice Taxing Unit approved amending Ordinance No. 97-82 to reflect that increase in the Advisory Committee Membership and to remove references to the name "Avalon" in the title of the MSTU and throughout the ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 97-82 is hereby amended to read as follows: SECTION ONE: Creation oftbe Municipal Service Taxing Unit. Section Two (2) of Collier County Ordinance No. 97-82 is hereby amended to read as follows: There is hereby created and established the Bayshore i\','aloH Beautification Municipal Service Taxing Unit, hereinafter referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Exhibit "A," which is incorporated herein by reference. SECTION TWO: Amendment to Section Six (6): Creation of the Bayshore AvaloB Page I 00 Words underlined are added; Words .lRIok ibraagk are deleted. IB.?- 11 - c;-- 'j ~n , (.::J 16/ IB~ Beautification Advisory Committee; Appointment and Composition Section Six (6) of Collier County Ordinance No. 97-82 is hereby amended to read as follows: A. There is hereby created and established the Bayshore f<vlllaR Beautification Advisory Committee, hereinafter referred to as the "Committee." B. The Committee shall consist offive (5) seven (7) members which generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents or owners of residential or commercial property within the MSTU and electors of Collier County. An owner of residential or commercial property may be an individual, an officer of a corporation or a partner of a partnership. The Board shall consider appointment of members from different subdivisions or communities within the MSTU. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. D. Members of the Committee shall serye without compensation, but shall be entitled to receiye reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION THREE: Officers of the Advisory Committee; Quorum; Rules of Procedure. Section Eight (8) of Collier County Ordinance No. 97-82 is hereby amended to read as fo llows: A. At its earliest opportunity, the membership of the committee shall elect a chairman and vice chairman from among the members. Officers terms shall be for one year, with eligibility for re-election. B. The presence oftIHee (3) four (4) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all committee minutes, resolutions, reports, and exhibits shall be submitted to the board of county commissioners. D. Committee member attendance requirements, including failure to attend meetings and Page 2 of3 Words underlined are added; Words olfllo1, tlHel>gh are deleted. 161 IBbl member removal from office are governed by Ordinance No. 01-55, as amended, or by its successor ordinance. SECTION THREE: Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance maybe renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by motion and majority vote by the Board of County Commissioners of Collier County, Florida, this 22nd day of April, 2008. BOARD OF COUNTY COMMISSIONERS COLLIER Cry, FL RillA . BY: J<ff1- Tom Henning, CHAIRMAN Page 3 of3 This ordinQnc~ fP"-1 with the S';l.5t~tary of SAj'S 9ti,cc ~; ex day af (.) , .;;Jou'K and acknowledgement of that ~;i~ rece;ved ~o~ ~,.,; /AL- OQputy CMw4c Words underlined are added; Words s!ruel, tllreugh are deleted. ".' 16/ 189- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2008-20 Which was adopted by the Board of County Commissioners on the 22nd day of April 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of April 2008. DWIGHT E. BROCK "I"r,l Clerk of Court~)':itid.:ci~k Ex-officio to Bo~<i,\ of';, ~county Commi~si~ers. ~. ~\tL~;~ :Teresa Polask:i";<',; ,.);- Deputy Clerk MEMORANDUM Date: May 6, 2008 To: Tessie Sillery, Operations Coordinator Transportation/ATM From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2008-20 Enclosed please find one (1) copy, (Agenda Item #17G), adopted by the Board of County Commissioners on Tuesday, April 22, 2008. If you have any questions, please call me at 252-8411. 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Received Quote - Bonness Bayshore Committee Approval Purchasing requested more quotes - per contract Requested & Rec'd Quotes - with revised plans (pam) Bid -Tabulation 1-18-08 NTP CONST Pre-const. meeting Completion Date (90 days) 161 Start - End Date 81712007 11/5/2007 11/5/07-11-13-07 11/13/2007 12/12/2007 1/9/2008 1/10/08-1-17-08 Bonness, Inc. . $139,055.14 Quality Enterprises, Inc. - $145,009.00 Better Road - No Quote 2/12/2008 2/25/2008 5/12/08 (B-18) - ACTIVE - (POC: Darryl Richard) FDOT Ligbting Grant - Baysbore Bridge Project; SCHEDULE: Baysbore MSTU: Lighting at Baysbore Bridge - LAP Project Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project PHASE Start - End Date NTP Design 30 Days to 100% (60%) Design Staff review of 60 pc su bmittal Submittal to FOOT FOOT Plan review (30 day min.) FOOT comments to JRL JRL response to 60 pc comments-due 100% plans sent to FOOT Revision Notification 100% comments JRL revised plans sent to FOOT FOOT (revised) 100% comments due FOOT (Plan Revision Notification) FOOT - Pending confirmation of JRL Rec'vd Payment FOOT - Notice to Proceed for Construction 9/512007 10/1512007 10/15/07-11/7/07 11/7/2007 11/7/2007-12/7/2007 1/4/2008 1/14/2008 1/31/2008 3/3/2008 3/11/2008 3/31/2008 4/3/2008 5/14/2008 3 18 d- 16! 18 ;A :';'i:f:jl1if:l(t", ,>',~ "., 6-22tbjJ t!l.1.H~a .1JV1)fobS 21 D~yBiddlng BCC JWPR NTP CONST 90 DliIySubstantial Completion Final Completion Date Lighting Project - $150, 000 (construction); $50,000 (design) LAP Agreement. 4-12-06: Bayshore MSTU Committee Action to proceed wi1h Project and for Staff to do 1he RFP 5-1-06: Purchasing Assisting with RFP Process. Contact wi1h Committee for RFP and confirmation of participation pending. 5-30-06: Required project scope to be pedestrian lighting wi1hin 300 feet of Bayshore Bridge. Environmental impact statement complete and coordinating wi1h purchasing for RFP. (Consult wi Kevin Dugan for environmental) 6-12-06: Michelle Peronto reviewing submittal per environmental impact statement. - Purchasing coordinating RFP. 6-27-06 - Environmental Review pending 7-18-06 - Environmental Review pending 8-2-06 - Environmental Review pending 8-7-06 - Environmental Review pending from FOOT and issue of Notice to Proceed (NTP) 8-22-06: Environmental Review pending from FOOT and issue of Notice to Proceed (NTP) 8-30-06: Michelle Peronto reports 1hat additional documentation is required for submittal. Staff provides necessary documentation as per request. Michelle indicates 1hat 1he project is 'on track' as per her schedule. 9-6-06: Michelle Peronto has all of 1he documentation need for processing LAP Agreement and will issue a Draft LAP Agreement wi1hin 15 days. Anticipated date of LAP Draft Agreement from Michelle Peronto is Friday, September 22, 2006. 9-28-06: Draft Agreement from Foor received 9-29-06: Scott Teach approves draft Agreement wi1h one minor change. 10-5-06: Staff receives Agreement form FOOT. 10-5-06: Anticipate BCC action on Nov. 28, 2006. Staff to prepare documents. 11-28-06: BCC approved LAP - Agreement 12-4-06: Signed LAP and Resolution by BCC approval picked up 12-18-06: FOOT Notice to Proceed for RFP Design Consultant received. FOOT Design Phase for project is NTP date 12-15-06; services are to be completed on or before December 31, 2008. 12-21-06: PO issued to PBS for Construction of Bench and Trash receptacles (Qty. 4) 1-16-07: Coordinating wi1h Purchasing on RFP 1-30-07: Request for quote for preliminary pricing sent to E.B. Simmonds and Lumec for cost considerations for project cost evaluation. 2-13-07: Michelle Peronto confirms 1hat RFP for Design is necessary and 1he RFP for Lighting Specification ofLumec may not be required if project drawings to not indicate "Lumec" as sole source but ra1her have 'performance specification' called out. 2-21-07: Michelle Peronto confirms 1hat $50,000 cannot be administratively transferred to Construction Dollars wi1hout multiple stem process (3 to 4 mon1hs) involving re-submittal to Collier County BCC. 3-20-07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4-17-07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4-25-07: First RFP Selection Committee meeting - preliminary review of proposals. Coordination and defmition of Committee Member roles. Next meeting scheduled for May 15,2007 for actual selection for Design Finn 5-23-07: Purchasing negotiating with JRL - selection committee chose JRL. 6-20-07: Purchasing negotiating with JRL and Darryl will be meeting on June 22, 2007 7-11-07: JRL and Darryl presented and discussed upcoming project 7-23-07: Contract Pending - Purchasing 9-5-07: Notice to Proceed - 90 days completion date: December 4th, 2007 10-15-07: 60% drawings submitted. Staff determines that they are 60% (changes required prior to FDOT submittal 4 161 IDe?- 11-07-07: comments for 60% submittal forwarded to JRL. 11-9-07: JRL provides 90% submittal draft copy 11-14-07: 90% plans are due from JRL (signed and sealed) for FOOT Submittal) 11-14-07: 90% plans delivered by JRL, plans forwarded to FOOT for review. 12-12-07: 90% plans are underreview by FOOT. No comments received to date. 1-4-08: FOOT Comments received and forwarded to JRL. - Revised plans pending 1-31-08: Plans submitted by JRL to County staff - County staff emailed notification to FOOT - Michelle Pronto & Original sent DHL today. 3-3-08: 100% comments received from FOOT plan revisions required. 3-10-08: JRL revised plans received and CD sent to FOOT 3-11-08: FOOT Confirms receipt of revised plans. (B-36) Complete -{POC: Tessie Sillery}- Increase Ordinance from 5 members to 7 members 1-24-08: RLS - sent to County Attorney to revise ordinance. 2-20-08: Response by Scott Teach - recommendation to bring to BCC 3-17-08: Got deadlines for advertising for the April 22"" BCC - are: No later than 3121 for the 4/8 meeting and the ad would run 3/28 No later than 4/4 for the 4/22 meeting and the ad would run 4/11 4-22-08: BCC approved - Ordinance # 08-20 - (7 members and 4 quorum) and officially the name is Bayshore Beautification MSTU - Avalon has been removed. Bavshore - Ordinance Modification to add Committee Members PHASE Start - End Date RLS sent to Le!!:al 1/24/2008 RLS Response in affirmative 2/20/2008 Le!!:al Preparation of Resolution 2/20/08-4/4/08 NOVUS deadline 3-24-08 BCC APPR 4f22I2OO8 (B-24) - COMPLETE-(POC: Darryl Richard) Emuent Conversion Project SCHEDULE: Bayshore MSTU: Effluent (Re-Use) Project - Windham Design Consultant Bayshore MSTU: Emuent (Re-Use) Project - Windham Design Consultant PHASE Start - End Date DESIGN 2/14/07 - 4/14/07 (plans delivered 5/1/07) 21 DAY BIDDING 5/21/2007-7/2/2007 BID DUE 7/2/2007 Bayshore Committee Approval 7/11/2007 BCC APPR 8/14/2007 - awarded Hannula - purchasing has contract NTP CONST 11/14/2007 90 Day Substantial Completion 2/12/2008 Final Completion Date 3/14/2008 10-4-06: Committee approves $15,000 for Consulting Services 5 161 ilBd-- 10-5-06: McGee & Associates contacted regarding project Scope of Services. 10-20-06: Question regarding technical specifications for project and 'As Built' plan request by McGee & Associates. 10-30-06: Plans of record are forwarded to McGee. 11-3-06: Application for Meter Tap received from Utilities - Liaison Staff to complete and return to Utilities; No Scope of Services received from McGee & Associates. 1-2-07: Scope of Services received from Scott Windham Landscape Architect and James Abney Irrigation Consultant. 1-16-07: Committee approved proposal on 1-3-07 - WO # requested for $4,542.00 1-23-07: WO ready for pick up 1-31-07: WO picked up- Windham on family leave emergency 2-01-07: WO received by County staff 2-01-07: WO routed to Budget Analyst for processing for signatures 2-12-07: Re-Use Department completed tap to re-use line on Thommasson at Bayshore Drive. 2-14-07: NTP- Windham - Work Order ends April 14, 2007 3-21- 07: 100% design submittal due April 14, 2007 by Windam & Assoc. 4-17-07: Pending - 100% design submittal due April 14, 2007 by Windam & Assoc. 5-14-07: Plans under review. 5-23-07: Plans delivered to purchasing ready for bid process. 6-14-07: Pre Bid meeting- bids are due July 2, 2007 7-11-07: Addendums - bids are due by July 11,2007 7-23-07: Executive Summary -In Novus for Absentia- BCC - Aug. 24, 2007 8-14-07: County Manager Approval (Abstentia BCC Action) 8-22-07: Risk Mgmt. is reviewing contract 9-10-07: Waiting on approval of contract from Risk Mgmt. 9-24-07: Still waiting on approval of contract! 10-22-07: B. Brilhart - purchasing in process of issuing contract. 11-6-07: Final Contract Received -Issue of Purchase Order in process. 11-7-07: Pre-Construction Meeting held for project. 11-14-07: PO issued for Project; Notice to Proceed sent to Dale Hannula 12-12-07: Design Consultant Windham Studio request additional $6,974.00 for services during construction. Staff recommends approval of additional $6,974.00 for Windham. 12-14-07: Based on reduction in consulting hours - revised proposal $ 1,515.00 - C/O in process. 1-7-08: The committee needs to approve C/O for Hannula - $4,774.00 2-5-08: C/O # I will include the following items: I) filter system for $4,774. 2) Adjustment to plant material quantities (cost factor pending from Hannula) 3) Adjustment to LF Boring operations (cost factor pending from Hannula). 3-12-08: Current project completion date is 3-14-08. 3-14-08: Project is Substantially Complete. FPL Installation of Power Connection pending. 4-24-08: FPL Connection Completed; Staff fmal inspection. All punchlist items determined to be completed during Joint inspection with Ground Zero Maintenance, County Staff (Irrigation Project Manager), Consultant Windham Studios. (B-35) Completed -{POC: Tessie Sillery}-- Foxtails installation - Daycare - Aleman Donation 7-20-07 - Received Quote from Ground Zero with changes - $ 7,349.00 - Per Pam don't use foxtail get too big for under power lines 8-17-07: Site visit with Pam Lulich - She suggested Mr. Aleman put the trees on his property - since 9-10-07: Received several estimates and will discuss at wed. meeting for overall committee decision. 9-17-07: Committee decided to have Mr. Aleman come to our next meeting - regarding "right tree and right place". 9-30-07: Emailed Mr. Aleman and notified of Committee decision - to come and attend next mstu meeting. - Committee will either assist with paying for removal of buttonwoods and Mr. Aleman to pay 6 16 'llB~ for palms along with maint and committee will put pavers in the place of buttonwoods. Leave the buttonwoods alone. 10-24-07: Mr. Aleman will attend the next meeting on November 14th. 12-10-07: Mr. Aleman will attend the next meeting on December 12. 1-7-08: Mr. Aleman was notified ofJanuary 9th, 2008. 1-9-08: Mr. Aleman attended and committee agreed to have the mstu pay for the removal of the buttonwoods and replace with sod. Mr. Aleman will plant his own foxtails on his own property and maintain them himself. 1-25-08: Estimate approved for $2,309.00 to remove buttonwoods. 2-20-08 : Buttonwood removed. (B-33) - COMPLETED -{POC: Tessie SilIery}- Decorative poles for Road Signs (Bayshore vs Thomasson) 3-19-07: Victor.,equested committee to discuss changing signs. 3-21-08: Lumens responded: Quote: Painted decoratiye 4" post with ball finial top, for use with signage, around $600 each, plus frt, in a standard color. If we have to use the custom RAL color, there is a $500 lot setup charge whether there are one or one hundred units. 3-21-07: Committee decided to have Tessie & Vick review idea and information. 4-18-07: Vick & Tessie Field study. 5-9-07: Lykins sent in a quote and Committee will discuss. 5-9-07: Committee approved and request for po pending traffic ops approval. 5-14-07: PO - Lykins - setting up meeting for next week - field meeting to give NTP 5-30-07: NTP - given and August 30"', 2007 Final Completion due date 7-11-07: Sign Poles to be installed in two weeks. 7-23-07: Sign Poles to be installed next week. - Per email from Tony Lykins on 7-23-07. 8-02-07: Lykins began installing poles today. 8-15-07: Project Completed, punch-list inspection pending. 8-22-07: Some signs were missed by Lykins and will be bringing new estimate to committee on 9-12-07. - Punch list -completed. (B-28) - COMPLETE - (pOC: Tessie Sillery) Accident # 475 at Bridge 10-30-06: Landscaping Repaired 12-16-06: Lighting Repaired 1-17-07: PBS Contractor coordinating with Staff for a quote. PBS is working on quote. Specification for tile and forms for pre-cast work is requiring additional review. 1-29-07: PBS is fmalizing quote for bridge. Suppliers have been contacted regarding pre-cast formwork. 2-8-07 _ PBS getting special order for special bridge materials (coping) and tile - quote pending 2-8-07: PBS quote for $40,138.00 received by Staff. Will be presented to Committee at next regular meeting. 2-23-07: Confirmation with PBS for new quote. PBS reviewing cost items for update of previous quote. 3-21-07: PBS Quoted- $9,715.00 - attached proposal- 30 day construction time frarne- after NTP. 4-17-07: Work Order in the system waiting for siguatures. 4-30-07: W.O. waiting for system release on internal approvals. 5-1-07: NTP was given to PBS - To be completed by 5-31-07. 5-9-07: Pavers need to be ordered and will take up to 65 days for receiving. 5-24-07: Pavers are on order and will not be for 4 more weeks. 6-19-07: Waiting on the concrete caps. And should be done by Friday June 22, 2007 6-30-07: Project fmished. 7-18-07: Field Meeting -looked and approved payment for project. (B-34) COMPLETE -{pOC: Tessie Sillery}- FP&L - working on poles - have dug up irrigation. 3-21-07: Committee requested for tessie to check who did damage and can get reimbursed? 4-10-07: Requested information from Kate D. - FP&L Rep. 7 161 19~ 4-30-07: Kate out of town and requested infonnation again. 5-3-07: Kate left a message saying - FP&L was not doing any work on bayshore. 5-9-07: Checking with Traffic Ops & checking with EB Simmonds. Unidentified contractor damaged inigation system. Irrigation system has been repair by Ground Zero under contract. (B-26) - COMPLETE - (POC: Tessie Sillery) Bayshore Drive Sign in Median 1-3-07 -Committee motioned for Darryl & David to come up with a design 1-15-07 - Darryl emailed committee with staffproposal with a deadline to receive confmnation on ideas. 1-23-07: David Jackson confmns image Concept E is approved for sign with words 'Drive' 1-29-07: Request for PO for Diane to sign 2-05-07: NTP - timeline - 2 or 3 weeks 3-21-07: Timeline moved up to end of next week. 4-10-07: Sign refurbished and up on the pagoda.. . looks good. (B-27) - COMPLETE - (POC: Tessie Sillery) Bridge Banners Only 1-3-07 - Committee motioned for Darryl & David to come up with a design 1-15-07 - Darryl emailed committee with staff proposal with a deadline to receive confmnation on ideas. By 1-19-07 1-23-07: David Jackson confinns approval for Concept E which is similar as existing image on sign with 'Drive' lettering. Tessie Sillery is coordinating on purchase. 2-5-07 : NTP - timeline approx. 15 days 3-20-07: Banners received and look awesome. And are up on the bridge poles (B-29) - COMPLETE -ONGOING (POC: Tessie Sillery) Banner Replacement/Maintenance 1-18-07: PO for additional banner anns for replacement of damaged sent to FourSeason Banner. 1-22-07: replacement banner anns received from FourSeason Banner. 1-26-07: NTP - PO for purchase of 60 banners for continued replacement and installation sent to Lykins 2-08-07: Spoke with Lykins and estimated - timeframe 15 days 3-07-07: Banners received and Aaron put them up. 3-21-07: Aaron & Tessie will discuss with committee (old banners) 3-21-07: For now no new banner order per committee 4-17-07: Banners are looking good. (B-30) ...{:ANCELLED -{POC: Darryl Richard) Sidewalk Convenion to Brick Paver (from existing paven to Windstar); Note: Project ends at Windstar due to projected developer project South of Windstar) 2-8-07: Request for quote sent to Bonness, Inc under annual contract. 3-1-07: Quote received on 3-5-07 - $ 229,844.08. 3-21-08: Committee to review quote today. 3-21-07: Committee put it on hold. -too much money for now. (8-32) COMPLETE - POC: Tessie SilIery)- PAGODA- PAINTING 2-7-07: Committee approved -Lykins Quote $1,000.00 2-12-07: NTP - and completed by 3-12-07 3-12-07: Pagoda painted and completed. B-34) _ COMPLETE -(POC: Darryl Richard) - Lumens in existing pedestrian lights be increased? 2-2-08 : Traffic Ops. Director response: It wasn't just a case of wattage, but also of pole placement, luminaire height, and landscaping blocking the light from reaching the pavement. We responded to the Commissioner with our results and recommendation that the roadway lighting be maintained to provide safety for motorists, bicyclists, and pedestrians. 8 161 lB.?- (B-3 I) - COMPLETE - (POC: Darryl Richard): Landscape on County Right-of-Way at 3137 Bayshore Drive; EBB Tide Apartments Inc.; Attn: Randy Richards; 2240 Davis Blvd.; Naples, Florida 34104- 4211 2-2-07: Meeting with Randy Richards confirms that crotons were removed as per January 3<d Bayshore Committee consent. Request was made from liaison staff that Randy submit any landscape plans to Bayshore MS1U Committee for review. Letter was sent confirming meeting and discussion. (B-30) - COMPLETE - (POC: Darryl Richard): Landscape on County Right-of-Way at 4069 Bayshore; Palmyra Gub Investors LLC; cj 0 John Steffan, welovenap1es realty, 4069 Bayshore Drive, Naples, Florida 34112; Owner Address:;1415 Panther Lane #223; Naples, Florida 34109-7874; 2-2-07: Meeting with John Steffan confirms that his maintenance contractor will not be performing maintenance on the shrubs within the ROW. Letter sent to Steffan confirming conversation. (B-25) - COMPLETE - (POC: Darryl Richard) Hedge on Bayshore - At the request of Code Enforcement and County Sheriffs Committee directed staff to trim hedge at 1-3-07 regular meeting. 1-4-07 - Completed - Contractor Trimmed Hedge (B-15) - COMPLETE- CAT BUS BENCHES-DUMOR INSTALLATIONS - 2 shelters and 2 benches will be installed at 4 locations on Bayshore Drive; Installation to be completed by September 30, 2006 6-14-06; Bench is on order through Victor Stanley, as soon as contractor receives order installation will immediately follow. 6-21-06; Need Status for order and permit 6-27-06; 10 to 12 weeks out (pbs did not order parts as requested) 7-18-06; 9 weeks out (pbs did not order parts as requested) and per pbs will be installed by 9-1-06 8-7-06: PBS has the 2 benches from Victor Stanley on order product has not been received to date. 8-22-06; Victor Stanley order not received by PBS. 9-5-06: Victor Stanley order is confIrmed exact shipment date has not been set. Anticipated Delivery of Benches is by October 15,2006. 10-4-06: Committee approves $1,500 per installation at new proposed locations near CAr Bus Stops. Project will be coordinated with CAr. 2 sites (old Victor Stanley Bench locations) will be funded through CAr Funds; 2 additional sites will be funded through Bayshore MSrU Funding. Funding for 2 prior CAr installations is already allocated for that project. Additional 2 projects anticipated to be funded as per Committee approved $1,500 per installation. 10-15-06: 2 Victor Stanley benches are received by PSS Contractor, 10-31-06: Review of 4 sites for PBS Quote; PBS will provide quote for installation. 12-15-06: ROW Pennit issued: Permit rime-lime: Work Commencement 12-15-06 with completion by 6-30-07 per permit. 1-16-07: Contractor will complete by 1-26-07 (B-22) - COMPLETE -Workshop - Bayshore MSTU and Bayshore Gateway Triangle Community Redevelopment Area (CRA) 9-5-06: Bayshore MSTU Committee votes to hold a 'Workshop' with the CRA; Specific Purpose needs to be determined; CRA Meeting Minutes need to be checked to determine commitment/vote by CRA to hold meeting as requested by David Jackson. 9-19-06: Request for information sent to David Jackson regarding CRA motion necessary to hold public meeting for Workshop between CRA and MSTU. 10-3-06: Request sent to David Jackson for specific Agenda for the proposed meeting. 10-20-06: Meeting is set for Dec. 6, 2006 at Human Resources Training Room. 10-30-06: Review and approval of Agenda is pending by Bill Neil, Committee Chairman. 12-06-06; Both the CRA and the Bayshore will have a workshop (B-23) - COMPLETE -Carryforward Report: 8-2-06: Sharon Newman reviewed the distributed report (see attachment) noting that there is a $105,000 deficit in the budget. 9 161 IBJ- Discussion ensued on transactions within the budget being inaccurate. Only one grant is incorporated in the budget, the second is not. It was mentioned that the County's budgeting layout is not well presented therefore a summary demonstrating the total dollars in and total dollars out was requested; the County agreed to create a summary spreadsheet. It was also requested to have the person that audited the County's files be present at the next meeting. 9-6-06: Mark Isackson and Sharon Newman not in attendance and no report 10-23-06: Report that Sharon and Mark will attend next MSTU meeting on Nov. I, 2006 11-1-06: Carryforward Report provided by Sharon Newman and Mark Isakson of Budget Office. (B-21) - COMPLETE -Application For Re-Use; Utilities Department Project Start 5-16-05: Project Manger Darryl Richard contacts Bob Casey for status of application which has been on me with utilities since 200 I (per Bob Petersen). Bob Casey cannot fmd original application. A new application is filed with Bob Casey for Bayshore Effluent Connection. 12-25-06: Copy of Application sent to Marisa Garcia new Project Manager taking Bob Casey's place for processing applications. 1-3-06: Marisa Garcia confirms that' calculations' by a consultant are necessary prior to approval of the Application for Re-Use. 8-22-06: Liaison Staff sends copy of Windham report to Utilities as per the request for Consultant Calculations (Completed 8-22-6) 8-24-06: Liaison Staff is informed that Ron Molly will now be handling the Application For Re-Use. Anticipated confIrmation of approval of Application for Re-Use is by September 30,2006. (Complete 9/11106) 9-11-06: Utilities confmus approval of Application for Re-Use. 9-11-06: Staff request confmuation of connection point for re-use system and hard copy of approved application. 9-19-06: Staffresends request for hardcopy of approved application. 10-3-06: Staff request location for connection. 10-4-06: Written approval received from Utilities for application approval as per Ron Molly, Collier County Utilities. Committee approves funding for next phase of project: Design and Construction. (B-1 9) - COMPLETE-Project Coordinated with CAr under Item B-15 -Trash Can Installation; Project Start Date: 8-2-06: Bayshore MSTU Committee request that staff (I) Determine condition of existing trash cans and benches in stock, then (2) provide proposed alternate locations for installation of the benches and trash cans. 8-22-06: Photographs of benches and trash receptacles sent to contractors for quote on installation in locations to be determined by Committee. Anticipated Project Completion is November 30, 2006. 10-4-06: Bayshore Committee approves $1,500 per bench/trash can installation. 10-6-06: Request forrevision in quote sent to PBS. 10-30-06: Field Meeting to review the requested sites prior to PBS quote for job. 4 sites approved. PBS will provide quote. 10-30-06: Project reported under item B-15 (B-16) COMPLETE - Mr. Ingram - Code Enforcement action: Mr. Ingram has been notified by Code Enforcement and MSTU staff in regard to landscaping. Issue initially corrected by Mr. Ingram however the issue has re-occurred per MSTU committee meeting 6/7/06. 6-13-06; Michelle Arnold, Code Enforcement Director contacted regarding the "repeat offence" by Mr. Ingram in that his maintenance contractor has repeatedly cut the hedge in front of his property. All documentation regarding previous Staff Request for the property owner to cease from trimming shrubs within the Right of Way will be re-submitted to Code Enforcement. Michelle Arnold has confmued that this item will be brought before the Code Enforcement Board for review. 6-21-06; Need Michelle Arnold follow-up 6-27-06; Michelle Arnold contacted staff and requested to put on special master 7-18-06: Waiting on response from Michelle Arnold 8-2-06: Code Enforcement working on preparation of case 10 --~-_..>._,.,.- 16/ IB~ 8-22-06: Request sent to Michelle Arnold and Eddie Ybaceta for status of case. 8-30-06: Staff provides additional docwnentation as per Michelle Arnold request. Staff provides (I) Survey of Ingram, (2) Copy of Bayshore MSTU Maintenance Contract, (3) Copy of Collier County ROW Ordinance. 8-30-06: Michelle Arnold confmns that a 'Notice of Violation' will be sent to Mr. Ingram. Anticipated delivery of copy Notice of Violation September 15, 2006. 9-7-06: Copy of 9-7-06 Ingram Notice of Violation provided by Eddie YBaceta of Code Enforcement. 10-4-06: As per Code Enforcement (Eddie Ybaceta) Mr. Ingram has verbally agreed to not trim the shrubs. MSTU Maintenance Company informed of this and that maintenance will be by MSTU. (B-17) - COMPLETE - Project Due - 9-25-06 ---DESIGN GUIDELINES: Master Plan MSTU/CRA Joint Project; Gail Boorman is to refme Scope of Services as per approval of preliminary review by Committee on March 8, 2006. Gail is to break out the Bayshore Bridge Enhancement Project as a separate part of the scope of services. Also, Gail is to break out the CRA part of the Scope separate from the MSTU. 4- I 7-06-Bayshore MSTU Committee Action to Proceed with Contracting with A. Gail Boorman and associates 50% of cost will be MSTU and 50% of cost will be CRA 5-1-06; As per Committee Approval- Work Order is pending; Comments from Purchasing review of Work Order and responsibility of 'Project Manager' is pending. 5-8-06; Gail Boorman attendance at Gateway Triangle Area Public Meeting 5-9-06; Gail Boorman attendance at Bayshore Area Public Meeting. 5-15-06: Work Order to A.Gail Boorman sent to Gail's Office. 5-15-06; Work Order signed by all and given to Budget Analyst for P.O to be issued- waiting on routing #'s from David Jackson. 5-30-06; NTP - issued to Boorman & Assoc. on 5-24-06 6-3-06; Gail Boorman meet with Staff Ray Magsumbol and Darryl Richard to obtain additional maps and plans on record. 6-12-06; Work on Design Guidelines Currently in progress - project due on 9-25-06 6-27-06; Gail coordination with staff and CRA ~ no report - will be attending next meeting with an update 7-18-06: Gail to attend next mstu meeting with an update and status. 8-2-06: Gail Boorman could not attend MSTU meeting and sent written update/status report for project. Due date of 9/25/06 has not changed. 8-7-06: Gail Boorman status report received. Need 'preliminary' report submitted prior to 9-25-06 deadline for staff review. 8-15-06: Gail Boorman presentation to David Jackson, Tom Finn, and Darryl Richard for 60% Submittal. Gail's book portion of project is pending. 8-21-06: Gail invoice for 30-60 percent complete. 8-22-06: Final 90% Submittal is due prior to 9-25-06 for staff review. Anticipated delivery of 100% Project Document from Gail Boorman is September 25,2006. 9-23-06: Meeting is scheduled for 100% review, staff review of plant material recommendation. 9-28-06: Meeting with Gail Boorman and David Jackson to review 100% submittal for project. (B-20) - COMPLETE -40 Banner Order; Order for 20 additional Sun Banners; 20 additional Flower Banners. Project Start: 8-2-06: Bayshore Committee votes to purchase 40 banners; Committee approval did not mention specific amount. 8-28-06: FlagandBanner; PO 4500066310 dated 8/28/2006 for Banners; For $1,541.95; Qty. 40 banners; (20 Flower and 20 Sun); Includes shipping and Set-Up Fee. 8-28-06: Staff sends electronic copy of graphics for banner to FlagandBanner. 8-30-06: Bayshore MSTU Committee is copied via email on the Purchase of 40 Banners.9- I -06: Grady McCoy of Flagandbanner confirms that they are under production for the banners. 9-5-06: Grady confirms that sample banners (I) Flower/ButterfIy and (I) Beatle/Sun will be forwarded to County for approval prior to production of entire order. Delivery of samples is anticipated to be within one week. Anticipated Project End upon approval of samples is September 27,2006. 9-19-06: Request for status for 2 sample banners sent to Grady McCoy. II 16/ 18.9- 9-28-06: Sample banners received from Flagandbanner, samples are not acceptable for production. Purchase Order with Flagandbanner wi\1 be closed. 10-4-06: Committee is given opportunity to review the banners which were sent by Flagandbanner and rejected by staff. Committee is in agreement that existing Purchase Order is to be cancelled and banner purchase through Lykins is acceptable based on price of $72.0 a piece. Staff was successful in negotiating the cost due through requiting for project and negotiation with Lykins as an annual contractor. 10-6-06: Purchase Orderrequest submitted by Liason Staff to Budget. 10-16-06: PO number received from Budget for Project. 10-16-06: PO emailed to Lykins for order of 40 Banners 10-30-06: 48 Banners received from Lykins. 8 additional 'spare' banners provided at no additional cost. (B-14) -COMPLETE- Comparison of cost for effiuent versus non-effiuent water for Bayshore. 8-28-06; Staff completes cost benefit analysis: Based on potential cost savings of $17,537 per year the Bayshore MSTU could recoup the cost oflbe Re-Use conversion within 4 years after project is complete. (B-13) COMPLETE- Maintenance Contract 05-3689 Ground Zero Landscape Maintenance. Replace Juniper at Botanical Place after software upload.- 7-18-06: Parts are on order - Irrigation Manager-Roger Dick 8-2-06: Irrigation Clocks are functional at 100% per Roger Dick - still waiting on replacement parts to bring clocks into communication with Central. 8-22-06: Plantings of Juniper are complete by Ground Zero (8-12) _ COMPLETE- Irrigation Controller Modifications- Project is to install additional parts and equipments as necessary for the Motorola Controller to 'talk' to the Central Control System at A TM Office. Committee approved $6,830.00 on January 11, 2006 and approved $5,225.00 on March 8, 2006 for funding the project. Roger Dick Irrigation Project Manager is to coordinate with Contractor E.B. Simmons for the project. 5-1-06: Roger Dick reports EB Simmons is currently working on the project - Conduit has been laid and contractor is waiting for additional equipment to complete installation. 5-30-06: EB Simmons is 95% complete with project. EB Simmons waiting on materials from Motorola. 6-1-06: E.B. Simmons work is complete. Roger Dick and Motorola Technicians to upload software. 6-12-06; Roger Dick to upload software for controller on June 14, 2006 6-27-06; Roger Dick reports that the installation of communications software was successful for the North Oock (North side Bayshore Drive), however, that the South Oock (South side Bayshore Drive) is not 'talking' to the central. The South Oock will be evaluated for an additional installation of an antenna 50 ft. to the north of the existing Oock to obtain a better signal. 8-2-06: Irrigation Clocks are functional at 100% per Roger Dick - sti\1 waiting on replacement parts to bring clocks into communication with Central. 8-22-06: Report from Roger Dick indicates that both Controllers are talking to the Central Computer. (B-1 I) - COMPLETE; Project due 7-25-06 - Effiuent Connection - Consultant Calculations 3-06-06: Scope received from McGee, Boorman, Windbam 3-20-06: Gail Boorman's revised scope not yet received. 5-1-06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5-15-06: Submitted Worl<: Order and P.O. request to Budget Analyst - waiting on P.O. 5-24-06 PO received; Notice To Proceed issued to Windham Studios 6-12-06: Design ofeffiuent connection due 7-25-06 6-14-06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6-27-06 Preliminary report submitted by Windham - Calculations pending 7-18-06 - Project due on 7-25-06 12 16r IB;L 7-24-06: Windham Studios provides report for calculations. (B-IO) _ COMPLETE; Project due 7-25-06 - Effluent Connection-Application for Re-Use and related request from Utilities Department for Consultant calculations 3-06-06: Scope received from McGee, Boorman, Windham 3-20-06: Gail Boorman's revised scope not yet received. 5-1-06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5-15-06: Submitted Work Order and P.O. request to Budget Analyst - waiting on P.O. 5-24-06 PO received; Notice To Proceed issued to Windham Studios 6-12-06: Design of effluent connection due 7-25-06 6-14-06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6-27-06 Preliminary report submitted by Windham - Calculations pending 7-18-06 - Project due on 7-25-06 8-2-06: Windham Studios provided necessary calculations and report. Written Cost Estimate is punch-list item which is pending. (B-9) _ COMPLETE; East Naples Fire Department contractor- Installation of Warning Lights on Bayshore. MSTU Committee has requested Stop Work on 6/8/06; Reported to Bob Tipton on 6/9/06; Bob Tipton mentioned that he had emailed Committee Chairman regarding this item. Bob Tipton recommends working with the Fire Department District Board concerning the project. There was concern by Bob Tipton expressed that if the lights are not installed that there may be an accident as Fire Department vehicles exit the Fire Station. 6-12-06; MSTU staff to contact ENFD to advise ofMSTU committee's request to stop work. 6-27-06; Left message for return call regarding project status with Main Administrative Office, ENFD. 7-18-06: On 7-12-06 East Naples Fire Dept. (ENFD) was available to attend the Bayshore MSTU meeting - but there wasn't a Quorum. 8-2-06: ENFD representative Chief Pottinger reported to the MSTU Committee. The Windstar HOA is coordinating with ENFD to resolve any outstanding issues with the installation of the emergency signals. 10-20-06: Contact with ENFD concerning update on installation of the lights and the funding issue. Chief Bob Shenk, Assistant Chief Pottinger and Commissioner Bob Hughes. (B-8) _ COMPLETE; Bidding of Maintenance Contract #05-3689; Recommendation to award bid to lowest, qualified, responsive bidder to be Ground Zero, owner: Aaron Gross. (B-7) - COMPLETE-Qty. 6 Palm removaVrelocation Project August \I, 2005: 7 Royal Palms relocated to replace 7 diseased, damaged, or in state of decline palms as per Committee direction. (B-6) - COMPLETE-Irrigation Mainline Break Repairs September 12,2005: CLM repaired 5 Breaks total. (B-5) _ COMPLETE 6/8/06 - Irrigation Inspection: Botanical Place, Irrigation line repaired.; (B-4) _ COMPLETE - 6-7-06 - Cricket Lake Apartments - MSTU Committee has requested that Staff coordinate with Construction at Cricket Lake Apartments. Irrigation plans are to be delivered to Staffby Contractor prior to commencement of work. (B-2) - COMPLETE -7-18-06 - Pavers Repair 6-13-06 Boness issued a purchase order in the amount of $9,880.00 forrepair of29 areas of pavers. Projected completion date 8-30-06. 13 16/ 182- 6-27-06; Project to begin construction week of June 14, Project Plans as per field meeting received from Contractor (B-1) _ COMPLETE- Replacement Banners - Obtain Quotes from vendor for new banners. Christmas Banners (existing) to be used for this season. 3-06-06: Gail Boorman to make recommendation as part of master plan. 3-08-06: MSTU Committee creates Working Group to advise on Banner.; for selection. 3-16-06: Meeting with Victor Britten for Working Group - 2 banners selected. Victor to look at other designs and meet again wi Staff. 5-1-06: Documentation submitted for Request to Purchase; PO number is pending as per Committee Approval. 5-30-06: Pending estimate from annual Lykins. 6-13-06: PO Issued to Lykins. Banners due for receipt August 30, 2006. 6-21-06; Need Graphic Sample for review 6-27-06; Graphic approved 8 week production to deliveJ)' of banner.;. 7-18-06: Banners delivered and are up..... (B-3) - CANCELLED -Banner Ann Replacement Project -$16,676.00 50 Standard @ $304.00 ea. for a total of$15,200.00; 4 double@$369.00ea.foratotalof$I,476.00;Proposal by Committee does not meet current FOOT Regulations; August 8, 2005: The Proposal has been rejected by ROW based on Current FOOT Standards. 14 161 1 Bd)- ~ Florida Department of Transportation CHARLIE CRIST GOVERNOR 801 North Broodway Avenue Barlow, FL 33830 STEPHANIE C. KOPELOUSOS SECRETARY May 14,2008 Collier County Mr. Darryl Richard 2885 Horseshoe Drive South Naples, Florida 34104 RE: NOTICE TO PROCEED - CONSTRUCTION PHASE ONLY Financial Project#: 412559-1 County: Collier Federal Aid Project #.: 8887273 A . Contract No.: AO Moo Description: Lighting. Bayshore Drive at the Bridge Dear Mr. Richard: In accordance with SECI10N 3.06 of the Local Agency Program (LAP) Agreement, dated December 15, 2006 between the Department and the COImty for construction of the above referenced project, you are hereby authorized to proceed with the COlIStrUctiOIl p/wse on this project. Services are to begin on or after May 14, 2008 and be completed on or before December 31,2008. Please forward the final contract package for review prior to awarding the project. Once . documents are reviewed and approved, the County will be notified and the contract can be awarded and executed, A copy of YOlIT Notice to Proceed for construction must be submitted along with the executed construction contract, to my attention at the address below. The COlmty will also need to send an invitation for the pre-construction meeting to myself. Lastly, the County will send written correspondence to my attention of the commencement and completion of the . phase. Be mindful that invoices can be submitted as frequently as monthly; however, an invoice must be submitted at least once each fiscal year. The Department's fiscal year begins July 1 and ends June 30. Upon completion of the project phase, the Department will have forty-five (45) working days after receipt of the invoice to review, inspect and approve the project phase for payment. If I can be of further assistance, please contact me at (863) 519-2791 or e-mail at michelJe.oerontofaldot.state.fl.us . Cc: File Therese Stanley, Collier County District One, District Contracts Office 801 North Broadway Avenue oj< Bartow, FL 33830 (863) 519.2791 '(863) 519-1909 (Fax)' MS 1-18 www.dot.state.f1.US * RECYCLED PAFffi 161 Page I of2 1 g d- sillery-t From: RichardDarryl Wednesday, May 14, 20082:38 PM BrilhartBrenda; CummingsRhonda; StanleyTherese sillery_t; flagg_d; Peronto, Michelle S; Reed II, Charles R; soto_c; (tindell@jrl-design.com); Andrea Douglas; ANLA_J Roland Lieber PA Land Arch (ribes@jrlpllc.com); Ty Groff Subject: FW: 412559-1; Construction NTP Importance: High Attachments: 412559-1 NTP.pdf Sent: To: Cc: Brenda, Please see attached official "Notice to Proceed" LAP 412559-1 (received May 14, 2008) Please prepare press release with associated bidding dates (bid due, preconstruction) for advertisement. Your office should have all of the required bidding documents (bid schedule, plans) We need to bid as soon as possible in order to maintain project schedule. Thank you, Darryl Richard, RLA, MSTU Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Telephone: 239-252-5775 Fax: 239-252-6219 Cell: 239-253-9083 darrylrichard@colliergov.net From: Peronto, Michelle 5 [mailto:Miche1Ie.Peronto@dot.state.f1.us] Sent: Wednesday, May 14, 20088:21 AM To: RichardDanyl Cc: StanleyTherese SUbject: 412559-1; Construction NTP Hi Darryl, Attached is the NTP for the construction of this project. You may now begin your bidding process. Thanks, Michelle S. Peronto Local Agency Program Coordinator FOOT, District One, Procurement Office 863-519-2791, fax 863-519-1909 micheUEtperonto@dot.state.fl.us LAP VY~bsile 5/14/2008 161 1 Bd-- May 14,2008 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes BAYSHORE MSTU Proiect Status (B-3 I) - ACTIVE -(POC: Tessie Sillery) Cross-Walk Installations 2-8-07: Reqnest for infonnation sent to Bob Tipton for clarification of what steps need to be taken 2-8-07: Per Traffic Ops Dir. They would need to hire an engineer to prepare and S&S the plans and specs (simple plan view with signing detail) and then have their contractor apply for a RIW Permit to install it. They would also need to present an agreement to maintain the installation along with the Pennit application. 3-21-08: City of Marco replied -crosswalk (4 lanes of traffic & 15ft median) $75,000 including design & installation 3-21-07: Committee requested for Vick and Tessie to do a study. 4-18-07: Vick & Tessie will be out in the field. 4-30-07: Tessie Gathering infonnation for meeting from City of Naples & City of Marco 5-9-07: Committee requested for more infonnation and two scopes for two different crosswalks for design & construction for next meeting. 5-16-07: Met with Tipton and discussed statutes and approved FOOT crosswalks. 5-30- 07: Met with Chief PottingerlMaurice/ Pam Lulich/Bob Tipton - all agreed good site for crosswalk and Maurice is fme with the plans. 5-30-07: Requested Wilson Miller to do scope on fire signal plans to add crosswalk and to do another scope of two other locations with cost analysis. .6-15-07: Received Scope for I crosswalk design only - $2,500 at the frrestation and $7,500 for two other locations - design only. 6-18-07: Field trip with Tipton and he approved all three locations for crosswalks 6-18-07: Tipton requesting to see Botanical Walkway 6-29-07: Requested quotes from three other f!TIlls 7-11-07: No one replied due to email problems - and holiday. 7-23-07: Bayshore Committee approved up to $7,000 for crosswalk design & Work Order in process waiting on Engineer Consultant. 8-22-07: Wayne Hart - Wilson Miller will be attending Sept. meeting with the design. 8-23-07: Reviewed locations with Victor. and get Diane's advise. 9-06-07: Wilson Miller provided design for crosswalks - to make presentation at meeting on wed. 9-17-07: Committee discussed crosswalks and requested for a study on vehicle turning near a crosswalk at a stop sign. 9-20-07: Per Mark Rothernberger, Operations Analyst Project Mgr. - R& B.(!J9) 77ut!S . "Bayshore Dr. has a PCI value of 98.03. which places ~ well beyond 1he 5+ year schedule. Unless something drastic occurs, I wouldn't count on this road being resurfaced for the next 10 years." 10-05-07: Received plans with one crosswalk straight and other at an angle. 10-06-07: Darryl and I met with Bob T. (Traffic Operations Director): He made the following requests: 1) To make a separate detail sheet to show the Logos for the crosswalk and what they look like. 2) There are supposed to be two bayshore logos (one on each side)(center of the road) (horizontal) 3) The crosswalk needs to be straightened out - It should not be at an angle. 4) The tip of the median would be rounded off at (Iakeview and cricket lake drive) - inorder for the crosswalk to be straight. 10-17-07: Andy V.- R&B emailed comments with changes to drawings: I 161 IB;;- . "The only comment I have on the drawings is Note 7. sheet T-3, The minimum curb cut is 4'0" in accordance to FOOT Standards Specifications." . "J would like to point out that Road Maintenance WILL NOT maintain this type of crosswalk" 1 O~23-07: Wayne Hart - Wilson Miller Design Engineer emailed the following: . The plans did not need updating from what whe sent you previousty. See response to below to Andy's comments: . We understand the minimum curb cut is 4 ft in accordance with the destgn standards and that is what is shown in the plans. Note 7 refers to the 2 fl minimum full curb height that must be provided between 2 ramps, also a requirement of the design standards and we included in the plans for emphasis because we are adding a new ramp next to an existing remp. . 2. Bayshore MSTU will need to contrad with someone to maintain the crosswalk as needed. This is not an issue with respect to the contrad to construct the crosswalk, so no action is needed. 10-24-07: Tessie forwarded email back t oAndy-R&B with Wayne's comments. Pending response, in order to get signed and sealed plans from design engineer. 11-2-07: Received by courier- the sign and sealed plans from Wilson Miller 11-6-07: Requested Quote from annual Contractor - Bonness - timeline to be received by 11-13-07. 11-13-07: Received quote - $146,591.49 for construction of crosswalks. 12-10-07: Requested for Quote on pavers alongside sidewalk in front of Mr. Aleman's property - on the right of way. 12-10-07: WO in progress - pending revised minutes. 12-24-07: Minutes were submitted for backup - for WO process of signatures \-7-08: WO still in progress for signatures. 1-8-08: Purchasing requests - to get more estimates per contract. 1-9-09: Committee informed of Work Order process and having to request for more quotes with revised plans. 1-10-08: Requested quotes from three contractors on the annual list: Bonness, Quality Enterpr. & Better Roads 1-17-08: Received quotes: Bonness came in the lowest. 2-5-08: Received Work Order signed by Contractor and put in Work Order process of signatures internally. 2-12-08 - NTP - Bonness - Completion due 5-12-08 2-25-08 _ construction meeting - attended: Bob Tipton, D.Weaver, - Danyl Bayshore MSTU: Two Thermal & RE: Notice To Proceed (p. O. #4500091397; dated 02-08-08); Project Name: Two Crosswalks on Bayshore Drive Locations: (Bayshore & Weeks) and (Bayshore & Lakeview) Contract # 05-3773 'Annual Contract for Roadway Contractors (BCC Appr 16.8.9; Exp. 5/9/08) Funding Source: 163-162525: $139,055.14 3-3-08: Received a sample of what the crosswalks (thermoplastic - colors and logo- 6' diameter) 3-11-08: Gave the okay to go ahead with the sample - graphics of the crosswalks and Victor Britain approved is as well. 4-12-08: Field meeting 4-19-08: Thonnal Crosswalk to be installed on May 12'" and May 13"'. 5-12-08: The Crosswalk by Weeks was installed. - Thermoplastic only 5-13-08: The crosswalk by Lakeview was installed - Thennoplstic only 5-14-08: The beacons and flashers will be installed later this week and next. 2 Work Order: BC-FT-3773-08-06 BAYSHORE: Cross-Walk Installations PHASE DESIGN Completed Design Received Quote - Annual Contr. Received Quote - Bonnesa Bayshore Committee Approval Purchasing requested more quotes - per contract Requested & Rec'd Quotes - with revised plans (pam) Bid-Tabulation 1-18-08 NTP CONST Pre-const. meeting Completion Date (90 days) 161 lBp- Start - End Date 81712007 11/5/2007 11/5/07-11-13-07 11/13/2007 12/12/2007 1/9/2008 1/10/08-1-17-08 Bonness, Inc. - $139,055.14 Quality Enterprises, Inc. - $145,009.00 Better Road - No Quote 2/12/2008 2/25/2008 5/12/08 (B-18) _ ACTIVE - (POC: Darryl Richard) FOOT Lighting Grant - Bayshore Bridge Project; SCHEDULE: Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project PHASE Start - End Date NTP Design 30 Days to 100% (60%) Design Staff review of 60 pc submittal Submittal to FOOT FOOT Plan review (30 day min.) FDOT comments to JRL JRL response to 60 pc comments-due 100% plans sent to FDOT Revision Notification 100% comments JRL revised plans sent to FDOT FOOT (revised) 100% comments due FDOT (Plan Revision Notification) FDOT - Pending confirmation of JRL Rec'vd Payment FOOT - Notice to Proceed for Construction 3 9/5/2007 10/15/2007 10/15/07-1117107 111712007 11f712007-12f712007 1/4/2008 1/14/2008 1/31/2008 3/3/2008 3/11/2008 3/31/2008 4/3/2008 5/14/2008 161 18 d- 21 DilY Bidding BCC .4PPR NTP eQNST 90 DllySubslantial Completion Final Completion Date 5-2 _,::'.J.:Yi.."" _.,"," ".____''-;< 8-:22'-tl8 to, 11-2MB: 1W1721)98 Lighting Project - $150, 000 (construction); $50,000 (design) LAP Agreement. 4-12-06: Bayshore MSTU Committee Action to proceed with Project and for Staff to do the RFP 5-1-06: Purchasing Assisting with RFP Process. Contact with Committee for RFP and confinnation of participation pending. 5-30-06: Required project scope to be pedestrian lighting within 300 feet of Bayshore Bridge. Environmental impact statement complete and coordinating with purchasing for RFP. (Consult wi Kevin Dugan for environmental) 6-12-06: Michelle Peronto reviewing submittal per environmental impact statement. - Purchasing coordinating RFP. 6-27-06 - Environmental Review pending 7-18-06 - Environmental Review pending 8-2-06 - Environmental Review pending 8-7-06 _ Environmental Review pending from FOOT and issue of Notice to Proceed (NTP) 8-22-06: Environmental Review pending from FOOT and issue of Notice to Proceed (NTP) 8-30-06: Michelle Peronto reports that additional documentation is required for submittal. Staff provides necessary documentation as per request. Michelle indicates that the project is 'on track' as per her schedule. 9-6-06: Michelle Peronto has all of the documentation need for processing LAP Agreement and will issue a Draft LAP Agreement within 15 days. Anticipated date of LAP Draft Agreement from Michelle Peronto is Friday, September 22, 2006. 9-28-06: Draft Agreement from FOOT received 9-29-06. Scott Teach approves draft Agreement with one minor change. 10-5-06: Staff receives Agreement form FOOT. 10-5-06: Anticipate BCC action on Nov. 28, 2006. Staff to prepare documents. 11-28-06: BCC approved LAP - Agreement 12-4-06: Signed LAP and Resolution by BCC approval picked up 12-18-06: FOOT Notice to Proceed for RFP Design Consultant received. FOOT Design Phase for project is NTP date 12-15-06; services are to be completed on or before December 31, 2008. 12-21-06: PO issued to PBS for Construction of Bench and Trash receptacles (Qty. 4) 1-16-07: Coordinating with Purchasing on RFP 1-30-07: Request for quote for preliminary pricing sent to E.B. Simmonds and Lumec for cost considerations for project cost evaluation. 2-13-07: Michelle Peronto confirms that RFP for Design is necessary and the RFP for Lighting Specification of Lumec may not be required if project drawings to not indicate "Lumec" as sole source but rather have 'performance specification' called out. 2-21-07: Michelle Peronto confirms that $50,000 cannot be administratively transferred to Construction Dollars without multiple stem process (3 to 4 months) involving re-submittalto Collier County BCC. 3-20-07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4-17-07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4-25-07: First RFP Selection Committee meeting - preliminary review of proposals. Coordination and definition of Committee Member roles. Next meeting scheduled for May 15, 2007 for actual selection for Design Finn 5-23-07: Purchasing negotiating with JRL - selection committee chose JRL. 6-20-07: Purchasing negotiating with JRL and Darryl will be meeting on June 22, 2007 7-11-07: JRL and Darryl presented and discussed upcoming project 7-23-07: Contract Pending - Purchasing 9-5-07: Notice to Proceed - 90 days completion date: December 4",2007 1 0-15-07: 60% drawings submitted. Staff determines that they are 60% (changes required prior to FOOT submittal 4 16' I B ;)--- 11-07-07: comments for 60% submittal forwarded to JRL. 11-9-07: JRL provides 90% submittal draft copy 11-14-07: 90% plans are due from JRL (signed and sealed) for Foor Submittal) 11-14-07: 90% plans delivered by JRL, plans forwarded to FDOT forreview. 12-12-07: 90% plans are under review by FOOT. No comments received to date. 1-4-08: FOOT Comments received and forwarded to JRL. - Revised plans pending 1-31-08: Plans submitted by JRL to County staff - County staff emailed notification to FDOT - Michelle Pronto & Original sent DHL today. 3-3-08: 100% comments received from FDOT plan revisions required. 3-10-08: JRL revised plans received and CD sent to FOOT 3-11-08: FDOT Confirms receipt of revised plans. (B-36) Complete --(POCo Tessie Sillery)-- Increase Ordinance from 5 members to 7 members 1-24-08: RLS - sent to County Attorney to revise ordinance. 2-20-08: Response hy Scott Teach - recommendation to bring to BCC 3-17-08: Got deadlines for advertising for the April 22" BCC - are: No later than 3121 for the 4/8 meeting and the ad would run 3/28 No later than 4/4 for the 4/22 meeting and the ad would run 4/11 4-22-08: BCC approved - Ordinance # 08-20 - \l members and 4 quorum) and officially the name is Bayshore Beautification MSTU - Avalon has been removed. Bavshore - Ordinance Modification to add Committee Members PHASE Start - End Date RlS sent to Les!al 1/24/2008 RlS Resvonse in affirmative 2/20/2008 Lel(al Prenaration of Resolution 2/20/08-4/4/08 NOVUS deadline 3-24-08 BCe APPR 4/2212008 (B-24) - COMPLETE-(pOC: Danyl Richard) Effluent Conversion Project SCHEDULE: Bayshore MSTIJ: Effluent (Re-Use) Project - Windham Design Consultant Baysbore MSTU: Effluent (Re-Use) Project - Windbam Design Consultant PHASE Start - End Date DESIGN 2/14/07 - 4/14/07 (plans delivered 5/1107) 21 DAY BIDDING 5/2112007-7/2/2007 BID DUE 7/212007 Bayshore Committee Approval 7/1112007 BCC APPR 8/1412007 - awarded Hannula - purchasing has contract NTP CONST 1111412007 90 Day Substantial Completion 2/12/2008 Final Completion Date 3/1412008 10-4-06: Committee approves $15,000 for Consulting Services 5 16' 1 B :f-- 10-5-06: McGee & Associates contacted regarding project Scope of Services. 10-20-06: Question regarding technical specifications for project and 'As Built' plan request by McGee & Associates. 10-30-06: Plans of record are forwarded to McGee. 11-3-06: Application for Meter Tap received from Utilities - Liaison Staff to complete and return to Utilities; No Scope of Services received from McGee & Associates. 1-2-07: Scope of Services received from Scott Windham Landscape Architect and James Abney Irrigation Consultant. 1-16-07: Committee approved proposal on 1-3-07 - WO # requested for $4,542.00 1-23-07: WO ready for pick up 1-31-07: WO picked up - Windham on family leave emergency 2-01-07: WO received by County staff 2-01-07: WO routed to Budget Analyst for processing for signatures 2-12-07: Re-Use Departmept completed tap to re-use line on Thommasson at Bayshore Drive. 2-14-07: NTP - Windham- Work Order ends April 14, 2007 3-21- 07: 100% design submittal due April 14, 2007 by Windam & Assoc. 4-17-07: Pending - 100% design submittal due April 14, 2007 by Windam & Assoc. 5-14-07: Plans under review. 5-23-07: Plans delivered to purchasing ready for bid process. 6-14-07: Pre Bid meeting- bids are due July 2, 2007 7-11-07: Addendums - bids are due by July II, 2007 7-23-07: Executive Summary - In Novus for Absentia- BCC - Aug. 24, 2007 8-14-07: County Manager Approval (Abstentia BCC Action) 8-22-07: Risk Mgmt. is reviewing contract 9-10-07: Waiting on approval of contract from Risk Mgmt. 9-24-07: Still waiting on approval of contract! 10-22-07: B. Brilhart - purchasing in process of issuing contract. 11-6-07: Final Contract Received -Issue of Purchase Order in process. 11-7-07: Pre-Construction Meeting held for project. 11-14-07: PO issued for Project; Notice to Proceed sent to Dale Hannula 12-12-07: Design Consultant Windham Studio request additional $6,974.00 for services during construction. Staff recommends approval of additional $6,974.00 for Windham. 12-14-07: Based on reduction in consulting hours - revised proposal $ 1,515.00 - C/O in process. 1-7-08: The committee needs to approve C/O for Hannula - $4,774.00 2-5-08: C/O # I will include the following items: I) filter system for $4,774. 2) Adjustment to plant material quantities (cost factor pending from Hannula) 3) Adjustment to LF Boring operations (cost factor pending from Hannula). 3-12-08: Current project completion date is 3-14-08. 3-14-08: Project is Substantially Complete. FPL Installation of Power Connection pending. 4-24-08: FPL Connection Completed; Stafffmal inspection. All punchlist items determined to be completed during Joint inspection with Ground Zero Maintenance, County Staff (Irrigation Project Manager), Consultant Windham Studios. (B-35) Completed --{POC: Tessie Sillery}- Foxtails installation - Daycare - Aleman Donation 7-20-07 _ Received Quote from Ground Zero with changes - $ 7,349.00 - Per Pam don't use foxtail get too big for under power lines 8-17-07: Site visit with Pam Lulich - She suggested Mr. Aleman put the trees on his property - since 9-10-07: Received several estimates and will discuss at wed. meeting for overall committee decision. 9-17-07: Committee decided to have Mr. Aleman come to our next meeting - regarding "right tree and right place". 9-30-07: Emailed Mr. Aleman and notified of Committee decision - to come and attend next mstu meeting. _ Committee will either assist with paying for removal of buttonwoods and Mr. Aleman to pay 6 161 lBd- for palms along with maint and committee will put pavers in the place of buttonwoods. Leave the buttonwoods alone. 10-24-07: Mr. Aleman will attend the next meeting on November 14"'. 12-10-07: Mr. Aleman will attend the next meeting on December 12. 1-7-08: Mr. Aleman was notified of January 9"', 2008. 1-9-08: Mr. Aleman attended and committee agreed to have the mstu pay for the removal of the buttonwoods and replace with sod. Mr. Aleman will plant his own foxtails on his own property and maintain them himself. 1-25-08: Estimate approved for $2,309.00 to remove buttonwoods. 2-20-08 : Buttonwood removed. (B-33) - COMPLETED -{POC: Tessie SiIlery)-- Decorative poles for Road Signs (Bayshore vs Thomasson) 3-19-07: Victor ;equested committee to discuss changing signs. 3-21-08: Lwnens responded: Quote: Painted decorative 4" post with ball finial top, for use with signage, around $600 each, plus frt, in a standard color. If we have to use the custom RAL color, there is a $500 lot setup charge whether there are one or one hundred units. 3-21-07: Committee decided to have Tessie & Vick review idea and information. 4-18-07: Vick & Tessie Field study. 5-9-07: Lykins sent in a quote and Committee will discuss. 5-9-07: Committee approved and request for po pending traffic ops approval. 5-14-07: PO - Lykins - setting up meeting for next week - field meeting to give NTP 5-30-07: NTP - given and August 30'", 2007 Final Completion due date 7-11-07: Sign Poles to be installed in two weeks. 7-23-07: Sign Poles to be installed next week. - Per email from Tony Lykins on 7-23-07. 8-02-07: Lykins began installing poles today. 8-15-07: Project Completed, punch-list inspection pending. 8-22-07: Some signs were missed by Lykins and will be bringing new estimate to committee on 9-12-07. - Punch list --completed. (B-28) - COMPLETE - (POC: Tessie Sillery) Accident # 475 at Bridge 10-30-06: Landscaping Repaired 12-16-06: Lighting Repaired 1-17-07: PBS Contractor coordinating with Staff for a quote. PBS is working on quote. Specification for tile and forms for pre-cast work is requiring additional review. 1-29-07: PBS is finalizing quote for bridge. Suppliers have been contacted regarding pre-cast formwork. 2-8-07 - PBS getting special order for special bridge materials (coping) and tile - quote pending 2-8-07: PBS quote for $40,138.00 received by Staff. Will be presented to Committee at next regular meeting. 2-23-07: Confirmation with PBS for new quote. PBS reviewing cost items for update of previous quote. 3-21-07: PBS Quoted - $9,715.00 - attached proposal- 30 day construction time frame - after NIP. 4-17-07: Work Order in the system waiting for signatures. 4-30-07: W.O. waiting for system release on internal approvals. 5-1-07: NTP was given to PBS - To be completed by 5-31-07. 5-9-07: Pavers need to be ordered and will take up to 65 days for receiving - 5-24-07: Pavers are on order and will not be for 4 more weeks. 6-19-07: Waiting on the concrete caps. And should be done by Friday June 22,2007 6-30-07: Project fmished. 7-18-07: Field Meeting -looked and approved payment for project. (B-34) COMPLETE --(pOC: ressie Sillery)-- FP&L - working on poles - have dug up irrigation. 3-21-07: Committee requested for tessie to check who did damage and can get reimbursed? 4-]0-07: Requested information from Kate D. - FP&L Rep. 7 161 1 Bd-- 4-30-07: Kate out of town and requested information again. 5-3-07: Kate left a message saying - FP&L was not doing any work on bayshore. 5-9-07: Checking with Traffic Ops & checking with EB Simmonds. Unidentified contractor damaged irrigation system. Irrigation system has been repair by Ground Zero under contract. (B-26) - COMPLETE - (pac: Tessie Sillery) Bayshore Drive Sign in Median 1-3-07 - Committee motioned for Darryl & David to come up with a design 1-15-07 - Darryl emailed committee with staff proposal with a deadline to receive confirmation on ideas. 1-23-07: David Jackson confmns image Concept E is approved for sign with words 'Drive' 1-29-07: Request for PO for Diane to sign 2-05-07: NTP - timeline - 2 or 3 weeks 3-21-07: Time1ine moved up to end of next week. 4-10-07: Sign refurbished and up on the pagoda.. . looks good. (B-27) - COMPLETE - (Pac: Tessie Sillery) Bridge Banners Only 1-3-07 - Committee motioned for Darryl & David to come up with a design 1-15-07 - Darryl emailed committee with staff proposal with a deadline to receive confmnation on ideas. By 1-19-07 1-23-07: David Jackson confmns approval for Concept E which is similar as existing image on sign with 'Drive' lettering. Tessie Sillery is coordinating on purchase. 2-5-07 : NTP - timeline approx. 15 days 3-20-07: Banners received and look awesome. And are up on the bridge poles (B-29) - COMPLETE -ONGOING (POC: Tessie Sillery) Banner Replacement/Maintenance 1-18-07: PO for additional banner arms for replacement of damaged sent to FourSeason Banner. 1-22-07: replacement banner arms received from FourSeason Banner. 1-26-07: NTP - PO for purchase of 60 banners for conmued replacement and installation sent to Lykins 2-08-07: Spoke with Lykins and estimated - timefrarne 15 days 3-07-07: Banners received and Aaron put them up. 3-21-07: Aaron & Tessie will discuss with committee (old banners) 3-21-07: For now no new banner order per committee 4-17-07: Banners are looking good. (B-30) -{:ANCELLED -{POCo Darryl Richard) Sidewalk Conversion to Brick Paver (from existing pavers to Windstar); Note: Project ends at Windstar due to projected developer project South of Windstar) 2-8-07: Request for quote sent to Bonness, Inc under annual contract. 3-1-07: Quote received on 3-5-07 - $ 229,844.08. 3-21-08: Committee to review quote today. 3-21-07: Committee put it on hold. - too much money for now. (B-32) COMPLETE - POC: Tessie SilIery)-- PAGODA - PAINTING 2-7-07: Committee approved - Lykins Quote $1,000.00 2-12-07: NTP- and completed by 3-12-07 3-12-07: Pagoda painted and completed. B-34) _ COMPLErE --{roC: Darryl Richard) - Lumens in existing pedestrian lights be increased? 2-2-08: Traffic Ops. Director response: It wasn't just a case of wattage, but also of pole placement, luminaire height, and landscaping blocking the light from reaching the pavement. We responded to the Commissioner with our results and recommendation that the roadway lighting be maintained to provide safety for motorists, bicyclists, and pedestrians. 8 161 18;2. (B-31) _ COMPLETE - (pOC: Darryl Richard): Landscape on County Right-of-Way at3137 Bayshore Drive; EBB Tide Apartments Inc.; Atln: Randy Richards; 2240 Davis Blvd.; Naples, Florida 34104- 4211 2-2-07: Meeting with Randy Richards confirms that crotons were removed as per January 3'd Bayshore Committee consent. Request was made from liaison staff that Randy submit any landscape plans to Bayshore MSTU Committee for review. Letter was sent confirming meeting and discussion. (B-30) _ COMPLETE - (POC: Darryl Richard): Landscape on County Right-of-Way at 4069 Bayshore; Palmyra Gub Investors LLC; clo John Steffan, we10venaples realty, 4069 Bayshore Drive, Naples, Florida 34112; Owner Address:;1415 Panther Lane #223; Naples, Florida 34109-7874; 2-2-07: Meeting with John Steffan confirms that his maintenance contractor will not be performing maintenance on the shrubs within the ROW. Letter sent to Steffan confirming conversation. (B-25) _ COMPLETE - (POC: Darryl Richard) Hedge on Bayshore - At the request of Code Enforcement and County Sheriffs Committee directed staff to trim hedge at 1-3-07 regular meeting. 1-4-07 - Completed - Contractor Trimmed Hedge (B-15) _ COMPLETE- CAT BUS BENCHES-DUMOR INSTALLA nONS - 2 shelters and 2 benches will be installed at4 locations on Bayshore Drive; Installation to be completed by September 30, 2006 6-14-06; Bench is on order through Victor Stanley, as soon as contractor receives order installation will immediately follow. 6-21-06; Need Status for order and permit 6-27-06; 10 to 12 weeks out (pbs did not order parts as requested) 7-18-06; 9 weeks out (pbs did not order parts as requested) and per pbs will be installed by 9-1-06 8-7-06: PBS has the 2 benches from Victor Stanley on order product has not been received to date. 8-22-06; Victor Stanley order not received by PBS. 9-5-06: Victor Stanley order is confmned exact shipment date has not been set. Anticipated Delivery of Benches is by October 15, 2006. 10-4-06: Committee approves $1,500 per installation at new proposed locations near CAT Bus Stops. Project will be coordinated with CAr. 2 sites (old Yictor Stanley Bench locations) will be funded through CAr Funds; 2 additional sites will be funded 1hrough Bayshore MSrU Funding. Funding for 2 prior CAr installations is already allocated for 1hat project. Additional 2 projects anticipated to be funded as per Committee approved $1,500 per installation. 10-15-06.2 Yictor Stanley benches are received by PBS Contractor. 10-31-06: Review of 4 sites for PBS Quote; PBS will provide quote for installation. 12-15-06. ROW Permit issued: Permit Time-lime: Work Commencement 12-15-06 wi1h completion by 6-30-07 per permit. 1-16-07. Contractor will complete by 1-26-07 (B-22) - COMPLETE -Workshop - Bayshore MSTU and Bayshore Gateway Triangle Community Redevelopment Area (CRA) 9-5-06: Bayshore MSTU Committee votes to hold a 'Workshop' with the CRA; Specific Purpose needs to be determined; CRA Meeting Minutes need to be checked to determine comminnent/vote by CRA to hold meeting as requested by David Jackson. 9-19-06: Request for information sent to David Jackson regarding CRA motion necessary to hold public meeting for Workshop between CRA and MSTU. 10-3-06: Request sent to David Jackson for specific Agenda for the proposed meeting. 10-20-06: Meeting is set for Dec. 6, 2006 at Human Resources Training Room. 10-30-06: Review and approval of Agenda is pending by Bill Neil, Committee Chairman. 12-06-06; Both the CRA and the Bayshore will have a workshop (B-23) - COMPLETE -Carryforward Report: 8-2-06: Sharon Newman reviewed the distributed report (see attachment) noting that there is a $105,000 deficit in the budget. 9 16/ 1 B:J- Discussion ensued on transactions within the budget being inaccurate. Only one grant is incorporated in the budget, the second is not. It was mentioned that the County's budgeting layout is not well presented therefore a swnmary demonstrating the total dollars in and total dollars out was requested; the County agreed to create a swnmary spreadsheet. It was also requested to have the person that audited the County's files be present at the next meeting. 9-6-06: Mark Isackson and Sharon Newman not in attendance and no report 10-23-06: Report that Sharon and Mark will attend next MSTU meeting on Nov. 1,2006 11-1-06: Carryforward Report provided by Sharon Newman and Mark Isakson of Budget Office. (B-2 I) - COMPLETE -Application For Re-Use; Utilities Department Project Start 5-16-05: Project Manger Darryl Richard contacts Bob Casey for status of application which has been on file with utilities since 200 I (per Bob Petersen). Bob Casey cannot fmd original application. A new application is filed with Bob Casey for Bayshore Effluent Connection. 12-25-06: Copy of Application sent to Marisa Garcia new Project Manager taking Bob Casey's place for processing applications. 1-3-06: Marisa Garcia confirms that 'calculations' by a consultant are necessary prior to approval of the Application for Re-Use. 8-22-06: Liaison Staff sends copy of Windham report to Utilities as per the request for Consultant Calculations (Completed 8-22-6) 8-24-06: Liaison Staff is informed that Ron Molly will now be handling the Application For Re-Use. Anticipated confirmation of approval of Application for Re-Use is by September 30, 2006. (Complete 9/11/06) 9-11-06: Utilities confmns approval of Application for Re-Use. 9-11-06: Staff request confirmation of connection point for re-use system and hard copy of approved application. 9-19-06: Staff resends request for hardcopy of approved application. 10-3-06: Staff request location for connection. 10-4-06: Written approval received from Utilities for application approval as per Ron Molly, Collier County Utilities. Committee approves funding for next phase of project: Design and Construction. (B-19) - COMPLETE-Project Coordinated with CAT under Item B-15 -rrash Can Installation; Project Start Date: 8-2-06: Bayshore MSTU Committee request that staff (1) Determine condition of existing trash cans and benches in stock, then (2) provide proposed alternate locations for installation of the benches and trash cans. 8-22-06: Photographs of benches and trash receptacles sent to contractors for quote on installation in locations to be determined by Committee. Anticipated Project Completion is November 30, 2006. 10-4-06: Bayshore Committee approves $1,500 per bench/trash can installation. 10-6-06: Request for revision in quote sent to PBS. 10-30-06: Field Meeting to review the requested sites prior to PBS quote for job. 4 sites approved. PBS will provide quote. 10-30-06: Project reported under item B-15 (B-16) COMPLETE - Mr. Ingram - Code Enforcement action: Mr. Ingram has been notified by Code Enforcement and MSTU staff in regard to landscaping. Issue initially corrected by Mr. Ingram however the issue has re-occurred per MSTU committee meeting 6/7/06. 6-13-06; Michelle Arnold, Code Enforcement Director contacted regarding the "repeat offence" by Mr. Ingram in that his maintenance contractor has repeatedly cut the hedge in front of his property. All documentation regarding previous Staff Request for the property owner to cease from trimming shrubs within the Right of Way will be re-submitted to Code Enforcement. Michelle Arnold has confirmed that this item will be brought before the Code Enforcement Board for review. 6-21-06; Need Michelle Arnold follow-up 6-27-06; Michelle Arnold contacted staff and requested to put on special master 7-18-06: Waiting on response from Michelle Arnold 8-2-06: Code Enforcement working on preparation of case 10 161 18..1-- 8-22-06: Request sent to Michelle Arnold and Eddie Ybaceta for status of case. 8-30-06: Staff provides additional documentation as per Michelle Arnold request. Staff provides (l) Survey of Ingram, (2) Copy of Bayshore MSTU Maintenance Contract, (3) Copy of Collier County ROW Ordinance. 8-30-06: Michelle Arnold confmns that a 'Notice of Violation' will be sent to Mr. Ingram. Anticipated delivery of copy Notice of Violation September 15, 2006. 9-7-06: Copy of 9-7-06 Ingram Notice of Violation provided by Eddie YBaceta of Code Enforcement. 10-4-06: As per Code Enforcement (Eddie Ybaceta) Mr. Ingram has verbally agreed to not trim the shrubs. MSTU Maintenance Company informed of this and that maintenance will be by MSTU. (B-17) - COMPLETE - Project Due - 9-25-06 --DESIGN GUIDELINES: Master Plan MSTU/CRA Joint Project; Gail Boorman is to refine Scope of Services as per approval of preliminary review by Committee on March 8, 2006. Gail is to break out the Bayshore Bridge Enhancement Project as a separate part of the scope of services. Also, Gail is to break out the CRA part of the Scope separate from the MSTU. 4-17-06-Bayshore MSTU Committee Action to Proceed with Contracting with A. Gail Boorman and associates 50% of cost will be MSTU and 50"10 of cost will be CRA 5. I -06; As per Committee Approval- Work Order is pending; Comments from Purchasing review of Work Order and responsibility of 'Project Manager' is pending. 5-8-06; Gail Boorman attendance at Gateway Triangle Area Public Meeting 5-9-06; Gail Boorman attendance at Bayshore Area Public Meeting. 5-15-06: Work Order to A.Gail Boorman sent to Gail's Office. 5-15-06; Work Order signed by all and given to Budget Analyst for P.O to be issued-waiting on routing #'s from David Jackson. 5-30-06: NTP - issued to Boorman & Assoc. on 5-24-06 6-3-06; Gail Boorman meet with Staff Ray Magsumbol and Darryl Richard to obtain additional maps and plans on record. 6-12-06; Work on Design Guidelines Currently in progress - project due on 9-25-06 6-27-06; Gail coordination with staff and CRA - no report - will be attending next meeting with an update 7-18-06: Gail to attend next mstu meeting with an update and status. 8-2-06: Gail Boorman could not attend MSTU meeting and sent written update/status report for project. Due date of9/25/06 has not changed. 8-7-06: Gail Boorman status report received. Need 'preliminary' report submitted prior to 9-25-06 deadline for staff review. 8-15-06: Gail Boorman presentation to David Jackson, Tom Finn, and Darryl Richard for 60% Submittal. Gail's book portion of project is pending. 8-2 I .06: Gail invoice for 30-60 percent complete. 8.22-06: Final 90% Submittal is due prior to 9-25-06 for staff review. Anticipated delivery of 100% Project Document from Gail Boorman is September 25, 2006. 9-23-06: Meeting is scheduled for 100% review, staff review of plant material recommendation. 9-28-06: Meeting with Gail Boorman and David Jackson to review 100% submittal for project. (B-20) _ COMPLETE -40 Banner Order; Order for 20 additional Sun Banners; 20 additional Flower Banners. Project Start: 8-2-06: Bayshore Committee votes to purchase 40 banners; Committee approval did not mention specific amount. 8-28-06: FlagandBanner; PO 4500066310 dated 8/28/2006 for Banners; For $1,541.95; Qty. 40 banners; (20 Flower and 20 Sun); Includes shipping and Set-Up Fee. 8-28-06: Staff sends electronic copy of graphics for banner to FlagandBanner. 8-30-06: Bayshore MSTU Committee is copied via email on the Purchase of 40 Banners. 9-1-06: Grady McCoy ofFlagandbanner confmns that they are under production for the bannelS. 9-5-06: Grady confirms that sample banners (l) Flower/ButterfIy and (1) Beatle/Sun will be forwarded to County for approval prior to production of entire order. Delivery of samples is anticipated to be within one week. Anticipated Project End upon approval of samples is September 27, 2006. 9-19-06: Request for status for 2 sample banners sent to Grady McCoy. 11 161 1 B;L 9-28-06: Sample banners received from Flagandbanner, samples are not acceptable for production. Purchase Order with Flagandbanner will be closed. 10-4-06: Committee is given opportunity to review the banners which were sent by Flagandbanner and rejected by staff. Committee is in agreement that existing Purchase Order is to be cancelled and banner purchase through Lykins is acceptable based on price of $72.0 a piece. Staffwas successful in negotiating the cost due through requiting for project and negotiation with Lykins as an annual contractor. 10-6-06: Purchase Order request submitted by Liason Staff to Budget. 10-16-06: PO number received from Budget for Project. 10-16-06: PO emailed to Lykins for order of 40 Banners 10-30-06: 48 Banners received from Lykins. 8 additional 'spare' banners provided at no additional cost. (B-14) -COMPLETE- Comparison of cost for effluent versus non-effluent water for Bayshore. 8-28-06; Staff completes cost benefit analysis: Based on potential cost savings 0[$17,537 per year the Bayshore MSTU could recoup the cost of the Re-Use conversion within 4 years after project is complete. (B-13) COMPLETE- Maintenance Contract 05-3689 Ground Zero Landscape Maintenance. Replace Juniper at Botanical Place after software upload.- 7-18-06: Parts are on order - Irrigation Manager - Roger Dick 8-2-06: Irrigation Clocks are functional at 100% per Roger Dick - still waiting on replacement parts to bring clocks into communication with Central. 8-22-06: Plantings of Juniper are complete by Ground Zero (B-12) _ COMPLETE- Irrigation Controller Modifications- Project is to install additional parts and equipments as necessary for the Motorola Controller to 'talk' to the Central Control System at A TM Office. Committee approved $6,830.00 on January 11, 2006 and approved $5,225.00 on March 8, 2006 for funding the project. Roger Dick Irrigation Project Manager is to coordinate with Contractor E.B. Simmons for the project. 5-1-06: Roger Dick reports EB Simmons is currently working on the project - Conduit has been laid and contractor is waiting for additional equipment to complete instaIlation. 5-30-06: EB Simmons is 95% complete with project. EB Simmons waiting on materials from Motorola. 6-1-06: E.B. Simmons work is complete. Roger Dick and Motorola Technicians to upload software. 6-12-06; Roger Dick to upload software for controller onJnne 14, 2006 6-27-06; Roger Dick reports that the installation of communications software was successful for the North Clock (North side Bayshore Drive), however, that the South Clock (South side Bayshore Drive) is not 'talking' to the central. The South Clock will be evaluated for an additional installation of an antenna 50 ft. to the north of the existing Clock to obtain a better signal. 8-2-06: Irrigation Clocks are functional at 100% per Roger Dick - still waiting on replacement parts to bring clocks into communication with Central. 8-22-06. Report from Roger Dick indicates that both Controllers are talking to the Central Computer. (B-1 I ) - COMPLETE; Project due 7-25-06 - Effluent Connection - Consultant Calculations 3-06-06: Scope received from McGee, Boonnan, Windham 3-20-06: Gail Boonnan's revised scope not yet received. 5-1-06 : Work Order to Windham Studios is pending as per MSTU Committee Approval 5-15-06: Submitted Work Order and P.O. request to Budget Analyst - waiting on P.O. 5-24-06 PO received; Notice To Proceed issued to Windham Studios 6-12-06: Design of effluent connection due 7-25-06 6-14-06: Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6-27-06 Preliminary report submitted by Windham - Calculations pending 7-18-06 - Project due on 7-25-06 12 161 IB~ 7-24-06: Windham Studios provides report for calculations. (B-IO) - COMPLETE; Project due 7-25-06 - Effluent Connection-Application for Re-Use and related request from Utilities Department for Consultant calculations 3-06-06: Scope received from McGee, Boonnan, Windham 3-20-06: Gail Boonnan's revised scope not yet received. 5-1-06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5-15-06: Submitted Work Order and P.O. request to Budget Analyst - waiting on P.O. 5-24-06 PO received; Notice To Proceed issued to Windham Studios 6-12-06: Design of effluent connection due 7-25-06 6-14-06; Project Consultant James Abney meeting with Staff at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6-27-06 Preliminary report submitted by Windham - Calculations pending 7-18-06 - Project due on 7-25-06 8-2-06: Windham Studios provided necessary calculations and report. Written Cost Estimate is punch-list item which is pending. (B-9) - COMPLETE; East Naples Fire Department contractor-Installation of Warning Lights on Bayshore. MSTU Committee has requested Stop Work on 6/8/06; Reported to Bob Tipton on 6/9/06; Bob Tipton mentioned that he had emailed Committee Chairman regarding this item. Bob Tipton recommends working with the Fire Department District Board concerning the project. There was concern by Bob Tipton expressed that if the lights are not installed that there may be an accident as Fire Department vehicles exit the Fire Station. 6-12-06; MSTU staff to contact ENFD to advise ofMSTU committee's request to stop work. 6-27-06; Left message for return call regarding project status with Main Administrative Office, ENFD. 7-18-06: On 7-12-06 East Naples Fire Dept. (ENFD) was available to attend the Bayshore MSTU meeting - but there wasn't a Quorum. 8-2-06: ENFD representative Chief Pottinger reported to the MSTU Committee. The Windstar HOA is coordinating with ENFD to resolve any outstanding issues with the installation of the emergency signals. 10-20-06: Contact with ENFD concerning update on installation of the lights and the funding issue. Chief Bob Shenk, Assistant Chief Pottinger and Commissioner Bob Hughes. (B-8) - COMPLETE; Bidding of Maintenance Contract #05-3689; Recommendation to award bid to lowest, qualified, responsive bidder to be Ground Zero, owner: Aaron Gross. (B-7) - COMPLETE-Qty. 6 Palm removal/relocation Project August II, 2005: 7 Royal Palms relocated to replace 7 diseased, damaged, or in state of decline palms as per Committee direction. (B-6) - COMPLETE-Irrigation Mainline Break Repairs September 12,2005: CLM repaired 5 Breaks total. (B-5) - COMPLETE 6/8/06 - Irrigation Inspection: Botanical Place, Irrigation line repaired.; (B-4) - COMPLETE - 6-7-06 - Cricket Lake Apartments - MSTU Committee has requested that Staff coordinate with Construction at Cricket Lake Apartments. Irrigation plans are to be delivered to Staff by Contractor prior to commencement of work. (B-2) - COMPLETE -7-18-06 - Pavers Repair 6-13-06 Boness issued a purchase order in the amount of $9,880.00 for repair of29 areas of pavers. Projected completion date 8-30-06. 13 161 1fL,2 6-27-06; Project to begin construction week of June 14, Project Plans as per field meeting received from Contractor (B-1) - COMPLETE- Replacement Banners - Obtain Quotes from vendor for new banners. Christmas Banners (existing) to be used for this season. 3-06-06: Gail Boorman to make recommendation as part of master plan. 3-08-06: MSTU Committee creates Working Group to advise on Banners for selection. 3-16-06: Meeting with Victor Britten for Worlcing Group - 2 banners selected. Victor to look at other designs and meet again wi Staff. 5-1-06: Documentation submitted for Request to Purchase; PO number is pending as per Committee Approval. 5-30-06: Pending estimate from annual Lykins. 6- 13-06: PO Issued to Lykins. Banners due for receipt August 30, 2006. 6-21-06; Need Graphic Sample for review 6-27-06; Graphic approved 8 week production to delivery of banners. 7-18-06: Banners delivered and are up..... (B-3) - CANCELLED -Banner Ann Replacement Project -$16,676.00 50 Standard@$304.00 ea. for a total of$15,200.oo; 4 double@$369.oo ea.for a total of$I,476.oo; Proposal by Committee does not meet current FOOT Regulations; August 8, 2005: The Proposal has been rejected by ROW based on Current FOOT Standards. 14 161 18.A Phase IV Lighting Project: . Plans are being reviewed by FOOT . FDOT plan review deadline is 30 days, effective October 11, 2007 . Construction would begin after April 15, 2007 due to lane closure restrictions . Staff will proceed with items that do not require lane closures Darryl Richard reported the County Attorney recommendation was for the Committee Members & public residents of Immokalee to present the petition to the BCC for the Boundary Expansion Proposal. Stated the Boundary Expansion included the public park, noted that pathway access & lighting were needed for public safety. Discussions ensued referencing the mandated State Tax Legislation. It was requested that Mark Isackson attend the November 28, 2007 meeting. The recommendation was made to create a Working Group & appoint a leader from the Committee to organize & facilitate Community involvement before attending the BCC meeting. Cherryle Thomas volunteered for the Working Group to coordinate Community involvement & would attend the BCC meeting. William Deyo volunteered to attend the BCC meeting. Rita Avalos moved to create or establish a Work Group to collect Community input as well as directing Darryl Richard contact Traffic Operations & Transportation department. Second by Cherryle Thomas. Rita Avalos moved to amend the motion to include "and to organize a presentation to the BCC. " Second by Cherryle Thomas. Motion carried unanimously 5-0. C. Code Enforcement - Carol Sykora - Immokalee based Field Supervisor introduced Weldon Walker & Jonathon Musse. D. FY08 proposal for McGee consulting services - Darryl Richard distributed & reviewed FY08 Consulting Services proposal in the amount of $8,500 from McGee & Associates. Mike McGee noted the proposal is consistent with previous years & would be billed on a monthly basis as services are provided. Dorcas Howard moved to approve the proposal to continue with Mike McGee's Maintenance services. Second by William Deyo. Motion carried unanimously 5-0. VI. Transportation Maintenance Report - None 2 161 1 B;t- VII. Report - Robert Kindelan/CLM reported mulching would be completed by the 3rd week of November. Inquired of a deadline for the switch to the Christmas banners. Cherryle Thomas responded the change of banners must occur before the week of November 15, 2007 due to upcoming festivities. VIII. Landscape Architects Report A. Report - Michael McGee 1. Paver options & cost - reviewed a drawing of a revised Paver design. Recommendation was made to use pavers for median on 151 _ 9th in lieu of chronic replanting of median landscaping. It was requested that Mike McGee submit a quote at the November 28, 2007 meeting. IX. Old Business - None X. New Business - Rita Avalos announced her resignation from the Committee due to scheduling conflicts. She thanked the Committee for the opportunity to serve. XI. Public Comment - None XII. There being no further business to come before the Committee, the meeting was adjourned at 6:07 P.M. Immokalee Beautification MSTU Advisory Committee Rita Avalos, Chairman These minutes approved by the Committee on as presented or amended The next regularly scheduled meeting is November 28, 20074:30 p.m. ^t +h"" 1.........,............,~lnn ("I">......."..""..,;t" O.."rL """'1 [:';..,~+ r::':+..........+ ~,...,,,.h h............._"I,.~I........... rl 3 161 IB~ / V" 1" , {'"," , ' ii' ~! OCT 0 7 2008 Bay.,,, 8MlJ1licatloIC M.s.7 M. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 i-jodrci 0.1 County Commissioners Minutes Fiala ~ ~:~~ng~~.0 . Coyle Coletta July 9, 2008 I. Call to Order The meeting was called to order by Maurice Gutierrez at 4:01 PM. II. Attendance Members: Bill Neal (Excused), Tom Finn, Maurice Gutierrez, Conrad Willkomm, Victor Brittain County: Tessie Sillery - MSTU Project Coordinator, Caroline Soto - Budget Analyst, Darryl Richard - Project Manager, Michelle Arnold - Director/ A TM, Others: Aaron Gross - Ground Zero Landscape, Darlene Lafferty - Mancan, Dwight Oakley, Victoria Nicklos III. Approval of Agenda Add: VI D. Review of Applicants Thomas Finn moved to approve the Agenda as amended. Second by Conrad Willkomm. Motion carried unanimously 4-0. IV. Approval of Minutes - May 14,2008 Thomas Finn moved to approve the Minutes of May 14, 2008. Second by Victor Brittain. Motion carried unanimously 4-0. V. Landscape Maintenance Report - Ground Zero Aaron Gross reported: ~ Foxtail - Removed ~ Crosswalk Irrigation - Operational ~ Bayshore Fertilization -In progress ~ Accident Median #5 (South of Fire Station) - Pictures were taken It was noted that a Traffic Report is required. ~ Embarq drove through a Plant Bed inflicting damage to the irrigation. Mise Corres: Tessie SiIlery requested photographs of the dam~1g Irrigation. Item # C.'~ies to 161 1B)- };- Damaged Juniper at the end of Thomasson };- Distributed and reviewed Annual quote from Ground Zero to maintain Crosswalks (cleaning) in the amount of$238.50 It was stated Southern Signal will be contacted for Solar Panel cleaning. It was noted 8 lights are out and require replacements. Dissatisfaction with Southern Signals performance was notes. };- Lock on north Pump Box - Installed Victor Brittain moved to approve the Estimate (from Ground Zero) to clean the Crosswalks not more than 3 times a year (in the amount of $238.50.) Second by Thomas Finn. Motion carried unanimously 4-0. VI. Transportation Services Report A. Budget Report Caroline Soto distributed and reviewed. (See attached) . Available Operating Expense $167,732.85 . Improvements General Open Purchase Order $2,781.11 (Bonness) . Ad Valorem Tax $102,804.26 (Outstanding) . Invoiced LAP Agreement $38,079.51 - Received $18,635 B. Project Manager's Report -Tessie Sillery distributed and reviewed. (See attached) Darryl Richard introduced Michelle Arnold, Director, ATM 1. FDOT LAP Grant Project - Discussed under VI. B. 2. 2. Crosswalks - Tessie SiIIery - Announced a Final walk through was conducted and noted the Crosswalks are not visible. Recommendations from Traffic Operations and quote from TRUTWIN Custom Signs ($9,014.00) were distributed and reviewed. (See attached) * Education for Pedestrian and Vehicle Traffic is necessary * Safety is a factor * Lights (in ground) have not been approved by Traffic Operations * Removal of flashers from the poles and install in the Median * Additional Signage and Markings It was suggested that overhead signage would be more visible. Thomas Finn was irritated that additional monies ($9014) are being requested due to a failing Design and Engineering process. Discussions ensued concerning installation of In Ground Lighting. Maurice Gutierrez perceives the request for additional monies is a band-aid effect. The Committee was in agreement to pursue In Ground Lighting. 2 16/ IB;f- Darryl Richard stated the sensors are installed. He noted the final factor for installation of the In Ground Lighting is approval from Bob Tipton, Traffic Operations Director Michelle Arnold will contact Bob Tipton, Traffic Operations. Additionally she will contact the Sheriff s Department for support in educating the Pedestrian and Vehicle traffic. William Willkomm moved to defer on this (Recommendations by Traffic Operation) and continue to look into the Light (In Ground) to see ifit can be approved. Second by Thomas Finn. Motion carried unanimously 4-0. (B-18) FDOT LAP Grant Project - Darryl Richard distributed and reviewed Contractor Bids. (See attached) .. EB Simmonds Bid - $70,071.31 .. Executive Summary will be submitted to BCC for approval on 7/22/08 .. Convert 24 Light Poles to 12 ft. height for improved Roadway illumination .. Fountains - not covered by FDOT Maurice Gutierrez questioned if Fountain plumbing was included in the Bid (EB Simmonds.) Darryl Richard responded negative, only for Lighting and Landscaping. William Willkomm moved to approve the Contractfor EB Simmonds as bid $70,071.31. Without a second the motion was withdrawn. Discussions ensued concerning monies spent on the Project and moving forward with the recommended bid (EB Simmonds.) William Willkomm moved to approve the Bid as shown for EB Simmonds. Second by Thomas Finn. Motion carried 3 yes - 1 no - Victor Brittain voting "no. " Discussions ensued concerning Alternate items on the Bid. The request was made for a more descriptive list for the Alternate Bid. Motion was amended to include: The Base amount $53,762.16 plus Alternate $16,309.16 for a totalof$70,071.31. Second by Thomas Finn. Motion carried 3 yes - 1 no - Victor Brittain voting "no." 3 16\ IB;L The suggestion was made to request information on imaging, plumbing, and cost estimates for the Fountain. Darryl Richard will present the findings at the September 10, 2008 meeting. 3. FPL Utility Pole Work Causing Breakage - Invoices were submitted to FPL for reimbursement in the amount of $775 and $225. C. Update South Bayshore Project - Tessie Sillery that the CRA is working on the Project per David Jackson. Maurice Gutierrez reported the CRA will not meet in July. Tessie Sillery reported upon completion of intersection work at Thomasson and Bayshore the Light additions on the South end will commence. William Willkomm revisited the suggestion to move forward with Side Street Projects. Discussions ensued and Storm Water issues were discussed. William Willkomm responded that David Jackson feels confident that the CRA would work jointly with the MSTU and pay for Drainage. Michelle Arnold suggested devising a plan based on Committee Member priorities. Darryl Richard noted that Storm Water issues must be addressed in order to receive approval for curbing, lighting, and sidewalks. Tessie Sillery reported FPL requires a plan be submitted for the addition of Lights on existing poles for Side Streets. She distributed an email from John Miller - Traffic Operations requesting a Plan for the placement of Lights, prior to issuing estimates. (See attached) D. Review of Applicants - Advisory Board Application Forms were distributed and reviewed. (See attached) Tessie Sillery introduced Thomas Oakley and Victoria Nicklos. Victoria NickIos gave a brief overview of her qualifications noted her knowledge with aesthetics and beautification. Thomas Oakley stated he lives on S. Bayshore and expressed his interest in serving on the Committee. Additionally he is a licensed Architect. Victor Brittain moved to nominate Thomas Oakley and Victoria Nicklos. Second by William Willkomm. Motion carried unanimously 4-0. VII. Old Business A. Future Projects 2008 - None B. CRA Update - None 4 161 VIII. New Business - None IX. Public Comments - None X. There being no further business for the good of the County, the meeting adjourned at 5:44 p.m. Bayshore MSTU Advisory Committee /11;t~ ~~) Maurice Gutierrez, Vice-Cfuurman These minutes approved by the Committee on as presented or amended The next meeting is September 10,2008 at 4:00 p.m. Naples Botanical Gardens 4820 Bayshore Drive Naples. FL 34112 5 lBd- .:;;> ::> I- III :::E&J w... 0::0 Oz :1:::> 1Ilu.. ~ III co o o N ai >- :i ~ :2gg8 ~r!;g _N 0 ~. . ~"' <'> ~<'> u- <CfhfhfR- 161 18c2 .... o >- u.. .: ~ .., '" '" .mc~OOO~ONOONm~~~~MM O~ NMOm~~O~o~OO~~OmN~M~ ~N N~~~~cicicici~cio~~~~~ciMro o. ~ M~M~~~~OOOMm~~ ~m ~~ m m~M~~VmVmNV~ M ~~ V~ N .~ NN ~~~m~ N~ N <0 ('\I".... ..- 0 N ~ ~fh~fh0~~(R-(R-0(R-fhfh(R-fhfhfhfh(R-fhfhW_ ~ ~ C ~. t_ 'c ~; o ro 1- .:0 >= ,~ Cii l': ll:: UJ UJ UJ VI 'n "'" ,.- 0 ':n ., D .. n .... 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LU ~o W ~~(f) < {/)~ocn a::~ ~I- O:::w ~ ~ ml-~ ~~ ~zzC QO 2U;;;w 000 ~O ~ ~z~ _ -::E 0:: w Z Ow U I- wW~C/J a::~~ o::~moc~~~ G ~w Ze:( ~u Z oc00a.. ~w~ wwa::w-I-~::EZ~w~>ZQ e:(1-~O I-U<(~ wffiCIJ ~~Oa..~~~w~o~~~~~ ClJCIJZu ~ (fJ~~I ooG~ ~-Q~~::EWB~uWZ~""'''''' z300:: w 8WZ~~Qwa:: W~~<WW~mW~OW~~~(I)~~O~ g ClJI-~O()wu~UZw ~GOCIJ6~~a::~ou~~Oooffil-t-ffiw~~ wuu 0::- ~ 0 zw< ~w ~~>~I-I-LLI-I-LL>>m ~WCIJa::u..~O:::<(~ZICIJ~-ClJ~~a::IC:::t-~O~OOOOCl)WWCl)C:::~~ O::OWl-uwO::_oQl-l-z<( wl-wU~a::~zZZO~3wWC GaZXooW~~O:::5Za~~G~Ia::XwW~~~~~oo~ClJCI)~ ffi~~b~m~~~~~~~~~~b~bm~~~l-l-l-ffiffi~~~S _NM~~~~~m~~~~~~~~~~~N~~~~~~~~~~~~~~~~~~~~~~~~~~ 161 1 B;L Pijct Mgr: Darryl Richard Date Posted: 5/27/08 Date Due: 6/26/08 Bid #08-5027 " Bayshore Drive Bridge Lighting Landscape Installation" Notices Sent: 671 Packages Downloaded: 63 Bids Received: 3 Non-Responsive: 1 E.B. Simmonds Electrical, Inc. Kent Technoloaies. LLC Item # Item Descriotion Unit Qtv Unit Price Total Unit Price Total 1 Pole Lumec RAF802-12-GN-TX Sinole Sided Arms Ea 17 $1,502.60 $25,544.20 $2,263.00 $38,471.00 2 Pole Lumec RAF805-12-GN TX Double Sided Arms Ea 4 $1.619.20 $6,476.80 $2,36600 $9,464.00 3 Remove Existina Luminaries LS 1 $4,021.50 $4,021.50 $8,454.00 $8,454.00 4 GFI Receotacles LS 1 $180.32 $180.32 $523.00 $523 00 5 Pull 3-#10 THHN wire LS 1 $1,073.70 $1,073.70 $1.900.00 $1,900.00 6 Revise existina service LS 1 $693.00 $693 00 $2.200.00 $2,20000 7 Install new conductors LS 1 $1,155.00 $1.155.00 $1,30200 $1.302.00 8 ReDlace break awav inline fuse holders LS 1 $3,676.09 $3.676.09 $4,069.00 $4.069.00 9 Deliver & Store 10' Doles to Owner LS 1 $1,261.54 $1.261.54 $346 00 $346.00 10 MOT LS 1 $9.680.00 $9,680.00 $3.246.00 $3,246.00 Total Base Bid $53,762.15 $69,97S.00 11 Foxtail Palm Ea 8 $318.00 $2.544.00 $46200 $3.696.00 12 Pvamv Date Palm Ea 15 $21200 $3.18000 $346.00 $5.190.00 13 Eu horbia Ea 150 $5.30 $795.00 $8.00 $1,200.00 14 Dwarf Indian Hawthorn Ea 44 $848 $373.12 $12.00 $528.00 15 Shillinas Hollv Ea 15 $848 $127.20 $12.00 $180.00 16 White Fountain Grass Ea 83 $848 $70384 $12.00 $996.00 17 Pre are site for Dlantina LS 1 $2,385.00 $2,385.00 $3,462.00 $3,462.00 18 Test & I nSDect irriaation LS 1 $2,544.00 $2.54400 $3,692.00 $3.692.00 19 ReDair and ReDlace irriaation LS 1 $2.968.00 $2.968.00 $4,308.00 $4.308.00 20 MOT LS 1 $689 00 $689.00 $1,000.00 $1,000.00 Total of Alternate $16,309.16 $24,2S2.00 Total Base + Alternate $70,071.31 $94,227.00 Aaent: Witness: Wall Systems Inc. of SWFL d/b/a Professional Building Systems deemed non-responsive - bond not included Material Manufacturers y y List of Subcontractors y y Statement of EXDerience of Bidder y y Trench Safety Act y y Bid Bond y y Bidder Check List y y Contractor Pre-Qualification FarmlSafetv) Y y LAP Funded 161 1 Be?- EXECUTIVE SUMMARY Recommendation to award Bid #08-5027 for the Bayshore Drive Bridge Lighting & Landscape Installation Project LAP FM #412559 to E.B. Simmonds Electrical, Inc. with a base amount of $53,762.15 and alternate in the amount of $16,309.16 for a total of $70,071.31 OBJECTIVE: To accomplish the installation of lighting per the Bayshore Drive Bridge Lighting & Landscape Installation Project in accordance with LAP FM #412559 Board of County Commissioners approved on November 28, 2006 as per Bayshore MSTU Ordinance 2008-20. CONSIDERATIONS: . The Board of County Commissioners on November 28, 2006 approved LAP FM #412559 for a total of$150,000 in FDOT Funding for construction. . On May 27, 2008, the Purchasing Department sent notices to 671 vendors for Bayshore Drive Bridge Lighting & Landscape Installation Project, there were sixty three (63) packages requested for this bid. . On June 16,2008 at 10 a.m., a non-mandatory pre-bid meeting was held. . On June 26, 2008 at 2:30 p.m. three (3) bids were opened. One (l) bid was deemed non-responsive. Staffreviewed the unit pricing on the bid tabulation and recommends award of this bid to E.B. Simmonds Electrical, Inc. as the lowest, qualified, and responsive bidder. The bid results were as follows: Bidder Kent Tech E.B. Simmonds Base Bid $69,975.00 $53,762.15 Alternate # I $24,252.00 $16,309.16 Total $94,227.00 $70,071.31 FISCAL IMPACT: Funds in the amount of $70,071.31 are available in the Bayshore MSTU Fund 163, Cost Centerl62525. FDOT reimbursement is available in the amount of $150,000 and is anticipated pursuant to LAP agreement FM #412559. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The proposed award of this bid is legally sufficient for the Board's consideration and approval.-HFCA RECOMMENDATION: That the Board of County Commissioners award Bid #08-5027 for the installation of the Bayshore Drive Bridge Lighting & Landscape Installation Project to E.B. Simmonds Electrical, Inc. and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared By: Darryl Richard, Project Manager, Alternative Transportation Modes Department Attachments: (I) Bid #08-5027 Tabulation; (2) Bayshore MSTU Minutes March 12,2008 - Budget Approval 161 1Bd- July 9, 2008 Prepared by: Danyl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes BA YSHORE MSTU Proiect Status (B-3 I) - ACTIVE (POC: Tessie Sillery) Cross-Walk Installations 2-8-07: Request for information sent to Bob Tipton for clarification of what steps need to be taken 2-8-07: Per Traffic Ops Dir. They would need to hire an engineer to prepare and S&S the plans and specs (simple plan view with signing detail) and then have their contractor apply for a R/W Permit to install it. They would also need to present an agreement to maintain the installation along with the Permit application. 3-21-08: City of Marco replied - crosswalk (4 lanes of traffic & 15ft median) $75,000 including design & installation 3-21-07: Committee requested for Vick and Tessie to do a study. 4-18-07: Vick & Tessie will be out in the field. 4-30-07: Tessie Gathering information for meeting from City of Naples & City of Marco 5-9-07: Committee requested for more information and two scopes for two different crosswalks for design & construction for next meeting. 5-16-07: Met with Tipton and discussed statutes and approved FOOT crosswalks. 5-30- 07: Met with ChiefPottinger/Maurice/ Pam LulichIBob Tipton - all agreed good site for crosswalk and Maurice is fme with the plans. 5-30-07: Requested Wilson Miller to do scope on fire signal plans to add crosswalk and to do another scope of two other locations with cost analysis. .6-15-07: Received Scope for I crosswalk design only - $2,500 at the flfestation and $7,500 for two other locations - design only. 6-18-07: Field trip with Tipton and he approved all three locations for crosswalks 6-18-07: Tipton requesting to see Botanica] Walkway 6-29-07: Requested quotes from three other firms 7-] 1-07: No one replied due to email problems - and holiday. 7-23-07: Bayshore Committee approved up to $7,000 for crosswalk design & Work Order in process waiting on Engineer Consultant. 8-22-07: Wayne Hart - Wilson Miller will be attending Sept. meeting with the design. 8-23-07: Reviewed locations with Victor. and get Diane's advise. 9-06-07: Wilson Miller provided design for crosswalks - to make presentation at meeting on wed. 9-] 7-07: Committee discussed crosswalks and requested for a study on vehicle turning near a crosswalk at a stop sign. 9-20-07: Per Mark Rothernberger, Operations Analyst Project Mgr. - R& B.(2J9) 774-8926 . "Bayshore Dr. has a PCI value of 98.03. which places it well beyond the 5+ year schedule. Unless something drastic occurs. I wouldn't count on this road being resurfaced for the next 10 years." ]0-05-07: Received plans with one crosswalk straight and other at an angle. 10-06-07: Darryl and I met with Bob T. (Traffic Operations Director): He made the following requests: 1) To make a separate detail sheet to show the Logos for the crosswalk and what they look like. 2) There are supposed to be two bayshore logos (one on each side)(center of the road) (horizontal) 3) The crosswalk needs to be straightened out - It should not be at an angle. 4) The tip of the median wouid be rounded off at (Iakeview and cricket lake drive) - inorder for the crosswalk to be straight. 10-17-07: Andy V.- R&B emailed comments with changes to drawings: I 161 1 Be?- 10-23-07' . ""The only comment I have on the drawings is Note 7, sheet T~3. The minimum curb cut is 4'{)"' in accordance to FOOT Standards Specifications." . "I would like to point out that Road Maintenance WILL NOT maintain this type of crosswalk" Wayne Hart - Wilson Miller Design Engineer cmailed the following" . The plans did not need updating from what whe sent you previously. See response to below to Andy's comments' . We understand the minimum curb cut is 4 ft in accordance with the design standards and that is what is shown in the plans. Note 7 refers to the 2 ft minimum full curb height that must be provided between 2 ramps, also a requirement of the design standards and we included in the plans for emphasis because we are adding a new ramp next to an existing ramp . 2. Bayshore MSTU will need to contract with someone to maintain the crosswalk as needed. This is not an issue with respect to the contract to construct the crosswalk, so no action is needed 10-24-07: Tessie forwarded email back to Andy - R&B with Wayne's comments. Pending response, in order to get signed and sealed plans from design engineer. 11-2-07: Received by courier -the sign and sealed plans from Wilson Miller 11-6-07: Requested Quote from annual Contractor - Bonness - timeline to be received by 11-13- 07. 11-13-07: Received quote - $146,591.49 for construction of crosswalks. 12-10-07: Requested for Quote on pavers alongside sidewalk in front of Mr. Aleman's property - on the right of way. 12-10-07: WO in progress - pending revised minutes. 12-24-07: Minutes were submitted for backup - for WO process of signatures 1-7-08: WO still in progress for signatures. 1-8-08: Purchasing requests - to get more estimates per contract. 1-9-09: Committee informed of Work Order process and having to request for more quotes with revised plans. 1-10-08: Requested quotes from three contractors on the annual list: Bonness, Quality Enterpr. & Better Roads 1-17-08: Received quotes: Bonness came in the lowest. 2-5-08: Received Work Order signed by Contractor and put in Work Order process of signatures internally. 2-12-08 - NTP - Bonness - Completion due 5-12-08 2-25-08 - construction meeting - attended: Bob Tipton, D.Weaver, - Darryl Bayshore MSTU: Two Thermal & RE: Notice To Proceed (P. O. #4500091397; dated 02-08-08); Project Name: Two Crosswalks on Bayshore Drive Locations: (Bayshore & Weeks) and (Bayshore & Lakeview) Contract # 05-3773 'Annual Contract for Roadway Contractors (BCC Appr 16.B.9; Exp. 5/9/08) Funding Source: 163-162525 : $139,055.14 3-3-08: Received a sample of what the crosswalks (thermoplastic - colors and logo- 6' diameter) 3-11-08: Gave the okay to go ahead with the sample - graphics of the crosswalks and Victor Britain approved is as well. 4-12-08: Field meeting 4-19-08: Thorma1 Crosswalk to be installed on May 12th and May 13th. 5-12-08: The Crosswalk by Weeks was installed. - Thermoplastic only 5-13-08: The crosswalk by Lakeview was installed - Thermop1stic only 5-14-08: The beacons and flashers will be installed later this week and next. 5-28-08 : The Sollards are not the issue right now. Each of the eight has been fitted against its base and then taken down to be stored securely. Right now, we are completing cabinet installation, and fabricating custom mounts for the solar panel. A crew of three is on site completing work, and they will remain assigned 2 161 18~ to this job through completion. Our plan is to complete the physical installation early next week, and to have the system turned up by the end of next week. 6-11-08: Walk through with bonness and tweaked areas needing pavers and grass. 6-20-08: Scheduling a meeting for final walkthrough.. 7-03-08: Meeting with Dave C - Bonness final approval of crosswalk. Approved 7-3-08: Met with Trutwin - to adhere to Bob Tiptons request for improvements. 7-9-08: quote received for committee to review. Work Order: BC-FT-3773-08-06 BAYSHORE: Cross-Walk Installations PHASE DESIGN Completed Design Received Quote - Annual Contr. Received Quote - Bonness Bsyshore Committee Approval Work Order - entered In Sap Purchasing requested more quotes - per contract Requested & Rec'd Quotes - with revised plans (pam) Bid -Tabulation 1.18-08 NTP CONST Pre-const. meeting Materials arrived . except for the Ballards . delayed Field Meeting. Job begins Completion Date 3 90 days Start. End Date 8"/2007 11/512007 11/5107.11.13-07 11/13/2007 12/12/2007 in/2008 119/2008 1/10108.1.17-08 Bonness, Inc. . $139,055.14 Quality Enterprises, Inc. . $145,009.00 Better Road . No Quote 2/12/2008 2/26/2008 4/23/2008 4/28/2008 7/11/2008 161 1 Bd- (B-18) - ACTIVE - (POC: Darry I Richard) FDOT Lighting Grant - Bayshore Bridge Project; SCHEDULE: Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project Bayshore MSTU: Lighting at Bayshore Bridge - LAP Project PHASE Start. End Data NTP Design 30 Days to 100% (60%) Design Staff review of 60 pc submittal Submittal to FDOT FDOT Plan review (30 day min.) FDOT comments to JRL JRL response to 60 pc comments-due 100% plans sent to FDOT Revision Notification 100% comments JRL revised plans sent to FDOT FDOT (revised) 100% comments due FDOT (Plan Revision Notification) FDOT - Pending confirmation of JRL Rec'vd Payment FDOT - Notice to Proceed for Construction 21 Day Bidding BCC APPR NTP CONST 90 Day Substantial Completion Final Completion Date 9/5/2007 10/15/2007 - 10/15/07-11/7/07 111712007 11/7/2007-12/7/2007 1/412008 1/14/2008 1/31/2008 3/3/2008 3/11/2008 3/31/2008 4/3/2008 5/14/2008 5-23-08-6-30-08 7/22/2008 8/22/2028 8-22-08 to 11-20-08 12/1/2008 Lighting Project - $150, 000 (construction); $50,000 (design) LAP Agreement. 4-12-06: Bayshore MSTU Committee Action to proceed with Project and for Staff to do the RFP 5-1-06: Purchasing Assisting with RFP Process. Contact with Committee for RFP and confirmation of participation pending. 5-30-06: Required project scope to be pedestrian lighting within 300 feet of Bayshore Bridge. Environmental impact statement complete and coordinating with purchasing for RFP. (Consult wi Kevin Dugan for environmental) 6-12-06: Michelle Peronto reviewing submittal per environmental impact statement. - Purchasing coordinating RFP. 6-27-06 - Environmental Review pending 7-18-06 - Environmental Review pending 8-2-06 - Environmental Review pending 8-7-06 - Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 8-22-06: Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 8-30-06: Michelle Peronto reports that additional documentation is required for submittal. Staff provides necessary documentation as per request. Michelle indicates that the project is 'on track' as per her schedule. 9-6-06: Michelle Peronto has all of the documentation need for processing LAP Agreement and will issue a Draft LAP Agreement within 15 days. Anticipated date of LAP Draft Agreement from Michelle Peronto is Friday, September 22,2006. 9-28-06: Draft Agreement from FDOT received 9-29-06: Scott Teach approves draft Agreement with one minor change. 10-5-06: Staff receives Agreement form FDOr. 10-5-06: Anticipate BCC action on Nov. 28, 2006. Staff to prepare documents. 11-28-06: BCC approved LAP - Agreement 4 161 18;>- 12-4-06: Signed LAP and Resolution by BCC approval picked up 12-18-06: FDOT Notice to Proceed for RFP Design Consultant received. FDOT Design Phase for project is NTP date 12-15-06; services are to be completed on or before December 31,2008. 12-21-06: PO issued to PBS for Construction of Bench and Trash receptacles (Qty. 4) 1-16-07: Coordinating with Purchasing on RFP 1-30-07: Request for quote for preliminary pricing sent to E.B. Simmonds and Lumec for cost considerations for project cost evaluation. 2-13-07: Michelle Peronto confIrms that RFP for Design is necessary and the RFP for Lighting SpecifIcation of Lumec may not be required if project drawings to not indicate "Lumec" as sole source but rather have 'performance specifIcation' called out. 2-21-07: Michelle Peronto conf1rms that $50,000 cannot be administratively transferred to Construction Dollars without multiple stem process (3 to 4 months) involving re-submittal to Collier County BCC. 3-20-07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4-17-07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19, 2007. 4-25-07: First RFP Selection Committee meeting - preliminary review of proposals. Coordination and definition of Committee Member roles. Next meeting scheduled for May 15,2007 for actual selection for Design Finn 5-23-07: Purchasing negotiating with JRL - selection committee chose JRL. 6-20-07: Purchasing negotiating with JRL and Darryl will be meeting on June 22, 2007 7-11-07: JRL and Darryl presented and discussed upcoming project 7-23-07: Contract Pending - Purchasing 9-5-07: Notice to Proceed - 90 days completion date: December 4th, 2007 10-15-07: 60% drawings submitted. Staff determines that they are 60% (changes required prior to FDOr submittal 11-07-07: comments for 60% submittal forwarded to JRL. 11-9-07: JRL provides 90% submittal draft copy 11-14-07: 90% plans are due from JRL (signed and sealed) for FDOT Submittal) 11-14-07: 90% plans delivered by JRL, plans forwarded to FDOT for review. 12-12-07: 90% plans are under review by FDOT. No comments received to date. 1-4-08: FDOT Comments received and forwarded to JRL. - Revised plans pending 1-31-08: Plans submitted by JRL to County staff- County staff emailed notifIcation to FDOT - Michelle Pronto & Original sent DHL today. 3-3-08: 100% comments received from FDOT plan revisions required. 3-10-08: JRL revised plans received and CD sent to FDOT 3-11-08: FDOT Confirms receipt of revised plans. 5-14-08: Notice to Proceed from FDOT 5-29-08 - 6-30-08: Out for Bid - Bids due 6-30-08 7-09-08: Award to EB Simmonds - pending BCC Approval on July 22, 2008 5 161 1 B ;).-- (B-36) Complete (POC: Tessie Sillery)- Increase Ordinance from 5 members to 7 members 1-24-08: RLS - sent to County Attorney to revise ordinance. 2-20-08: Response by Scott Teach - recommendation to bring to BCC 3-17-08: Got deadlines for advertising for the April 22"' BCC - are: No later than 3/21 for the 4/8 meeting and the ad would run 3/28 No later than 4/4 for the 4/22 meeting and the ad would run 4/11 4-22-08: Bee approved - Ordinance # 08-20 - (7 members and 4 quorum) and officially the name is Bayshore Beautification MSTU - Avalon has been removed. Bayshore - Ordinance Modification to add Committee Members PHASE Start - End Date RLS sent to Legal 1/24/2008 RLS Response in affirmative 2/20/2008 Legal Preparation of Resolution 2/20/08-4/4/08 NOVUS deadline 3-24-08 BCC APPR 4/22/2008 (B-24) - COMPLETE-(POC. Darryl Richard) Effluent Conversion Project SCHEDULE: Bayshore MSTU: Effluent (Re-Use) Project - Windham Design Consultant Bayshore MSTU: Efflnent (Re-Use) Project - Windham Design Consnltant PHASE Start - End Date DESIGN 2/14/07 - 4/14/07 (plans delivered 5/1/07) 21 DAY BIDDING 5/21/2007-7/2/2007 BID DUE 7/2/2007 Bayshore Committee Approval 7/11/2007 BCC APPR 8/14/2007 - awarded Hannula - purchasing has contract NTP CONST 11/14/2007 90 Day Substantial Completion 2/12/2008 Final Completion Date 3/14/2008 10-4-06: Committee approves $15,000 for Consulting Services 10-5-06: McGee & Associates contacted regarding project Scope of Services. 10-20-06: Question regarding technical specifications for project and 'As Built' plan request by McGee & Associates. 10-30-06: Plans of record are forwarded to McGee. 11-3-06: Application for Meter Tap received from Utilities - Liaison Staff to complete and return to Utilities; No Scope of Services received from McGee & Associates. 1-2-07: Scope of Services received from Scott Windham Landscape Architect and James Abney Irrigation Consultant. 1-16-07: Committee approved proposal on 1-3-07 - WO # requested for $4,542.00 1-23-07: WO ready for pick up 1-31-07: WO picked up - Windham on family leave emergency 2-01-07: WO received by County staff 2-01-07: WO routed to Budget Analyst for processing for signatures 6 16r 18 ?- 2-12-07: Re-Use Department completed tap to re-use line on Thommasson at Bayshore Drive. 2-14-07: NTP - Windham - Work Order ends April 14, 2007 3-21- 07: 100% design submittal due April 14, 2007 by Windam & Assoc. 4-17-07: Pending - 100% design submittal due April 14, 2007 by Windam & Assoc. 5-14-07: Plans under review. 5-23-07: Plans delivered to purchasing ready for bid process. 6-14-07: Pre Bid meeting - bids are due July 2, 2007 7-11-07: Addendums - bids are due by July 11,2007 7-23-07: Executive Summary -In Novus for Absentia - BCC - Aug. 24, 2007 8-14-07: County Manager Approval (Abstentia BCC Action) 8-22-07: Risk Mgrnt. is reviewing contract 9-10-07: Waiting on approval of contract from Risk Mgmt. 9-24-07: Still waiting on approval of contract! 10-22-07: B. Brilhart - purchasing in process of issuing contract. 11-6-07: Final Contract Received -Issue of Purchase Order in process. 11-7-07: Pre-Construction Meeting held for project. 11-14-07: PO issued for Project; Notice to Proceed sent to Dale Hannula 12-12-07: Design Consultant Windham Studio request additional $6,974.00 for services during construction. Staff recommends approval of additional $6,974.00 for Windham. 12-14-07: Based on reduction in consulting hours - revised proposal $ 1,515.00 - cia in process. 1-7-08: The committee needs to approve cia for Hannula - $4,774.00 2-5-08: cia # 1 will include the following items: I) filter system for $4,774. 2) Adjustment to plant material quantities (cost factor pending from Hannula) 3) Adjustment to LF Boring operations (cost factor pending from Hannula). 3-12-08: Current project completion date is 3-14-08. 3-14-08: Project is Substantially Complete. FPL Installation of Power Connection pending. 4-24-08: FPL Connection Completed; Staff fmal inspection. All punchlist items determined to be completed during Joint inspection with Ground Zero Maintenance, County Staff (Irrigation Project Manager), Consultant Windham Studios. (B-35) Completcd -{paC: Tessie Sillery}. Foxtails installation - Daycare - Aleman Donation 7-20-07 - Received Quote from Ground Zero with changes - $ 7,349.00 - Per Pam don't use foxtail get too big for under power lines 8-17-07: Site visit with Pam Lulich - She suggested Mr. Aleman put the trees on his property - since 9-10-07: Received several estimates and will discuss at wed. meeting for overall committee decision. 9-17-07: Committee decided to have Mr. Aleman come to our next meeting - regarding "right tree and right place". 9-30-07: Emailed Mr. Aleman and notified of Committee decision - to come and attend next mstu meeting. - Committee will either assist with paying for removal of buttonwoods and Mr. Aleman to pay for palms along with maint and committee will put pavers in the place of buttonwoods. Leave the buttonwoods alone. 10-24-07: Mr. Aleman will attend the next meeting on November 14"'. 12-10-07: Mr. Aleman will attend the next meeting on December 12. 1-7-08: Mr. Aleman was notified of January 9"',2008. 1-9-08: Mr. Aleman attended and committee agreed to have the mstu pay for the removal of the buttonwoods and replace with sod. Mr. Aleman will plant his own foxtails on his own property and maintain them himself. 1-25-08: Estimate approved for $2,309.00 to remove buttonwoods. 2-20-08 : Buttonwood removed. (B-33) - COMPLETED -(POC: Tessie Sillery)- Decorative poles for Road Signs (Bayshore vs Thomasson) 7 TRUTWIN CUSTOM SIGNS A DIVISION OF TRUTWIN INDUSTRIES INe. CUSTOM SIGJ~s~IM1~t 8031 MAINLINE PKWY. FT. MYERS, FL. 33912 ACCT.# COL-5 TERMS Net 30 Phone # 239-489-3521 DATE 3111/2008 ESTIMATE NO# 9534 Fax # 239-489-4294 JOB NAME NAME I ADDRESS BA YSHORE XWALK MODSIADDlTIONS (7/8/08) COLLIER COUNTY TRAFFIC OPERATIONS 2885 S. HORSESHOE DR LOCATION OF JOB NAPLES. FL 34104 ESTIMATOR WBE PO# ATTENTION I DARRYL RICHARD OTY UNITS ITEM DESCRIPTION UNIT PRICE TOTAL 2 EACH VTRAFFIC CON TRAFFIC CONTROL SIGNSIINST ALLED - 4" 1,389.00 2,778.00 FLUTED POST WINO-4 BASE (W/ACCESS PLATE), F-47 FINIAL. 2 BACK TO BACK (REMOVE SIGN AND FRAME FROM EXISTING FLASHING LIGHT SIGNS TO BE USED ON THIS POST) SIGNS ON POST TO BE FLORESCENT YELLOW-GREEN RI-6 (12" X 36") W1W16-7PL (12" X 6") BELOW. THE WI6-7PL TO BE MINIMUM 5' FROM BOTTOM OF BASE.. SYSTEM COLOR TO MATCH EXISTING SIGNS. POSTS TO BE INSTALLED TIP OF MEDIAN - LOCATION TO BE AFPROVED BY DARRYL 4 EACH CUSTOM TR... CUSTOM TRAFFIC INSTALLED - 30 X 30 279.00 1,116.00 YELLOW-GREEN WII-2 IN ENHANCER MOUNTED ON SOLAR LIGHT POLES WHERE YELLOW-GREEN RI-6 (12" X 36") WIWI 6-7PL (12" X 6") BELOW WAS REMOVED. TOUCH UP GRIND MARKS WHERE OLD SIGN WAS PRIOR TO INSTALLATION. COLOR TO MATCH EXISTING 4 EACH CUSTOM TR... CUSTOM TRAFFIC INSTALLED - 4" FLUTED 1,280.00 5,120.00 POST WINO-4 BASE (W/ACCESS PLATE), F-47 FINIAL W1I8" X 18" RI-5 MOUNTED 7' FROM BOTTOM OF SIGN TO BOTTOM OF BASE. SIGN TO BE INSTALLED 20 TO 50 FEET FROM CROSSWALK. LOCATION TO BE AFPROVED BY DARRYL. COLOR TO BE RAL 6033 MINT TURQUOISE PLEASE SIGN AND RETURN THIS ESTIMATE WITH PO# TO SCHEDULE THE WORK. TOTAL $9,014.00 ESTIMATE VALID FOR 45 DAY SIGNATURE Advisory Board Application Page 1 of2 161~ filson_s lint: From: ferdi1@ix.netcom.com Monday, June 09, 20083:31 PM filson_s Subject: New On.line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252-8097 Application was received on: 61912008 3:31:00 PM. Name: !Ferdinand Isserman Jr.1 Home Phone: ~39-775-68771 Home Address: 13659 Haldeman Creek! City: ~ Zip Code: ~ . Phone Numbers Fax: I Business: I e-Mail Address:~erdilralix.netcom.com! Work Place: ~etiredj How long have you lived in Collier County: ~ Have you ever been convicted of any offense against tbe law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: lBayshore Beautification MSTUj Category: !Advisory Board! Do you currently hold public otmce? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: ormer President of the Old Town Chamber of Commerce in Chicago(residents and business embers). Member of the Property Tax Committee of the Chicagoland Chamber of Commerce. ember of the Board of the Morningstar Condominium, Naples, and member of the legal committee fthe Windstar Master Association, and member of the East Naples Civic Assn. 6/9/2008 lOl Page 2 of2 r 8 '2-- Advisory Board Application . . 6/9/2008 Education: 'gh School Graduate, Attended The University of Missouri, and Washington University in St. Louis o. Ex erience: ith my wife, owned, operated and managed apartments and retail store spaces in the Old Town, 'ver North, and Depaul neighborhoods ofChieago. Contracted for our own renovation projects 0 ur owned ro . es. . Advisory Board Application Page 1 of2 161 ~ fllson_s .t: From: vnicklos@johnrwood.com Tuesday, June 03,200812:41 PM filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252-8097 Application was received on: 61312008 12:40:36 PM. Name: !victoria Nicklo~ Home Phone: ~39 434 7292j Home Address: \376 First Avenue North! City: ~ Zip Code: ~ Phone Numbers Fax: 1239 434 01411 Business: 1239 434 0101[ . e-Mail Address:lvnicklos~obnrwood.com! Work Place: ~ohn R Wood Realtors! How long have you lived in Collier County: /more than 151 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board 1 Committee Applied for: jBayshore Beautification MSTU Advisory Committee! Category: !Not indicated! Do you currently hold public otmee? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list your community activities: I Education: lKent State Universitvl 6/312008 Advisory Board Application Page 2 of2 -. 161 182 Exnerience: successfully owned and operated Victoria's Luxury Linens for 27 years. I own a home in Old Naples and currently am a realtor with John R. Wood. I also own 30 lots on Linda Avenue ane one on New Moon. . . . 6/312008 Advisory Board Application Page I of2 filson_s 161 18'2- ~t: From: oak\eyx2@mac.com Wednesday, June 04, 2008 5:17 PM filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252-8097 Application was received on: 6/4120085:16:49 PM. Name: Ifhomas D Oakley! Home Phone: I Home Address: 18080 Bayshore Driv~ City: ~ Zip Code: ~ . Phone Numbers Fax: ~39.262.76931 Business: ~39.262.()()731 e-Mail Address:loaldeyx2(QJ)IllIC.com! Work Place: ~elf employed! 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 1 Committee Applied for: lBayshore Beautification MSTU advisory committee! Category: !Not indicated! Do you currently hold publie ofBice? ~ \Affordable Housinp; Smart Growthj Do you currently or ever served on a Collier County Board or Committee? ~ . Please list your commu~ activities: lBayshore CRA fan club Ba shore Cultural Arts- Board membeq Education: IBA Architecture- Auburn Universitvl 615/2008 Advisory Board Application Page 2 of 2 . . 6/5/2008 16 I I B~ . filson_s 161 Page 1 of2 18'2- Advisory Board Application <<: From: seth@myfavoriteguitars.com Thursday, June 05, 2008 5:47 PM filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252-8097 Application was received on: 6/512008 5:46:31 PM. Name: ISeth Garo~ Home Phone: /715-808-17821 Home Address: 1155A Bristol Lan~ City: ~ Zip Code: ~ Phone Numbers Fax: ~39-530-7427\ Business: 1239-530-74251 . e-Mail Address: !seth(a),myfavoriteguitars.comj Work Place: !My Favorite Guitars! How long have you lived in Collier County: []I Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board 1 Committee Applied for: lBayshore Beautification MSTU Advisory Committee! Category: !Not indicate~ Do you .currently hold public otmce? IH2I Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: ristol Square Homeowner's Association Board Member; Bristol Square Condominiwn Owner's ssociation Board Member Education: 6/6/2008 161 1 B,rge 2 of2 Advisory Board Application IB.A., University OfMinnesotal . . 6/612008 Ex erience: 'm a small business owner in the TrianglelBayshore Community. I have been involved in various ards and non-profites over the years, including 2 years as President of the Oregon Media Productio ssociation. I'm am also interested in bein involved with the Ba shore Gatewa Trian e CRA. . 161 183 August 22, 2008 TRANSCRIPT OF THE MEETING OF THRECEIVED CODE ENFORCEMENT BOARD SEP 3 0 2008 Naples, Florida ';0"" of County CommlSSlooers August 22, 2008 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION with the following members present: in Building "F" of the Government Complex, East Naples, Florida, Fiala Halas Henning Coyle Coletta \j CHAIRMAN: Gerald Lefebvre Larry Dean Kenneth Kelly (Excused) Edward Larsen Richard Kraenbring Lionel L'Esperance George Ponte Robert Kaufman ALSO PRESENT: Jean Rawson, Attorney for the board Bendisa Marku, Operations Coordinator Jennifer Waldron, Code Enforcement Misc. Carres: Page 1 3 C'~Dies to: lA~gJst 2l2~of CHAIRMAN LEFEBVRE: I'm going to call the Code Enforcement Board meeting to order. Notice: The respondent may be limited to 20 minutes for case presentation unless additional time is granted by the board. Persons wishing to speak on an agenda item will receive up to five minutes, unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. 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. Neither Collier County nor the Code Enforcement Board shall be responsible for providing the record. Roll call, please. MS. MARKU: Good morning. Bendisa Marku, representing Collier County Code Enforcement. Mr. Edward Larsen? MR. LARSEN: Present. MS. MARKU: Mr. George Ponte? MR. PONTE: Here. MS. MARKU: Mr. Gerald Lefebvre? CHAIRMAN LEFEBVRE: Here. MS. MARKU: Mr. Kenneth Kelly has an excused absence. Mr. Larry Dean? MR. DEAN: Here. MS. MARKU: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. MARKU: Mr. Richard Kraenbring? MR. KRAENBRING: Here. Page 2 161 183 August 22, 2008 MS. MARKU: Mr. Robert Kaufman? MR. KAUFMAN: Here. CHAIRMAN LEFEBVRE: And also, on the record, Mr. Kaufman will be a full voting member today at this meeting. Any changes to the agenda? Which there are going to be several. MS. MARKU: There are going to be several changes to the agenda. County is requesting to withdraw item number 4.C.7, which is Board of County Commissioners versus Amanda Rosario Puhiera, due to foreclosure. Under Item 4.C.l, under hearings, Board of County Commissioners versus James Bachman will become Item No. 4.A.1. It's a motion for dismissal. Item No. 4.C.2, under hearings, Board of County Commissioners versus Florida Metal Master's, Incorporated will become Item No. 4.A.1, motion for continuance. Item No. 5.A.1 under motion for imposition of fines, Board of County Commissioners versus Jeffrey Macasevich will become Item No. 4.A.2, motion for continuance. Item No. 5.A.2 under motion for imposition of fines, Board of County Commissioners versus J. Peaceful, LC, will become Item 4.A.3, motion for continuance. Item No. 4.C.3, under hearings, Board of County Commissioners versus Carlos Perez will become Item No. 4.B.I, which is a stipulation. CHAIRMAN LEFEBVRE: Do I hear a motion to approve the agenda? MR. DEAN: Motion to approve-- MS. MARKU: I'm not completed. MR. DEAN: -- the agenda. CHAIRMAN LEFEBVRE: Hold on a second. MS. MARKU: I have one more stipulation. CHAIRMAN LEFEBVRE: I'm sorry, I thought you were done. Page 3 ^-.."..."..-.-.-.-.----...-.-,...-,--_'"~_.^~._,_._,~."~'~.,~"_____4_.~"__,.___~,.__~,_'-'.._..__ 16' 1 B? August 22, 2008 MR. DEAN: Withdraw my motion. MS. MARKU: And item No. 4.C.5, Board of County Commissioners versus Patriot Square, LLC will become Item No. 4.8.2. And that will be all. MR. KRAENBRING: That's also a stipulation? MS. MARKU: That is also a stipulation. MR. KRAENBRING: Thank you. CHAIRMAN LEFEBVRE: Let me just write down the changes. Just a question. Where did you put Bachman again? MS. MARKU: Bachman is a motion for dismissal, so I put it under motions. CHAIRMAN LEFEBVRE: Okay. Now do I hear a motion to approve the agenda? MR. DEAN: I'd like to make a motion to approve the agenda. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KRAENBRING: I'll second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. KAUFMAN: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Okay. Approval of minutes from last meeting. Do I hear a motion? MR. PONTE: Make a motion to approve. CHAIRMAN LEFEBVRE: Do I hear a second? Page 4 - w _ -'--'''___'_'__'"~''<'''^''~__',''''O_~__~'.,_,_,__.,._,___.__.,__._ ..___..__._~,_..___, '. 16 I 1 8, August 22,2008 MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. And we will go on to motions. To Bachman. MS. STUDENT-STIRLING: Yes. Good morning. For the record, Marjorie Student-Stirling, Assistant County Attorney for the county . And we seek and move to dismiss the rehearing request that we had. And the reason is we feel that this is more appropriately dealt with on the zoning side of the house. And I have a letter from Mr. Flood. We've met with Mr. Flood. He has agreed to pursue permits for the pool. And ifthere is an issue over there and his inability to get one, he's going to pursue an interpretation of the code. And that process works: You go for code interpretation, the land zoning development director issues it, and if you have an issue with that, you appeal it to the Board of County Commissioners, and if you still have an issue, then you go into circuit court. And I just want to read for the record, ifI may, a letter that I received from Mr. Flood. Dear Mrs. Stirling: We are asking to dismiss the hearing set for Friday, August 22nd, 2008 at 9:00 a.m. We are taking the matter to zoning for further review. If you should have any questions regarding Page 5 161 183 August 22, 2008 this matter, please do not hesitate to contact my office. Very truly yours, Peter T. Flood. And of course he represents Mr. Bachman. Thank you. MR. KRAENBRING: And again, it is the county that's requesting -- MS. STUDENT-STIRLING: Yes, and he's -- MR. KRAENBRING: -- dismissal? MS. STUDENT-STIRLING: By this letter he's joining in on it. I would construe it that way. And I just want to make it clear, though, that he has agreed to go to zoning and go through those processes. MR. KRAENBRING: Do we need to make a ruling on this, Jean, or just -- MS. RAWSON : Yes, you need to approve the motion to dismiss. Or disapprove. MR. KRAENBRING: I make a motion that we approve the dismissal. CHAIRMAN LEFEBVRE: Do I hear a second? MR L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. STUDENT-STIRLING: Thank you. CHAIRMAN LEFEBVRE: Motion for continuance. And first Page 6 16 I 1 BJ August 22, 2008 one will be Florida Metal Masters, Inc. (Speakers were duly sworn.) CHAIRMAN LEFEBVRE: Go ahead. MR. HOLZEM: Good morning. I'm Scott Holzem. I'm appearing for Peter Flood who got tied up in Michigan on family matters. And he wrote a letter, basically asking that this matter be continued, since he couldn't be here today. He's been representing for about a month, and he hasn't had time to really review the matter sufficiently to adequately represent the client. And basically I'm not prepared to argue any of the merits, because I got this file last night because he needed somebody to show up to ask for this continuance. CHAIRMAN LEFEBVRE: Go ahead. MS. STUDENT-STIRLING: County has no objection. MR. KRAENBRING: I make a motion that we grant the continuance. CHAIRMAN LEFEBVRE: Do I hear a second? MR L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Motion passes. Next one will be Jeffrey -- MS. RAWSON: Would that be continued till the next meeting? CHAIRMAN LEFEBVRE: Yes. MS. RAWSON: And I believe that the next meeting is going to be at the Code Enforcement Board office. Page 7 16 I 183 August 22, 2008 MR. KRAENBRING: Do we just need to advise him of that? Are you going to waive -- CHAIRMAN LEFEBVRE: If you could have him just come up again for a minute. MR. KRAENBRING: Again, just check with the county to make sure that they're prepared for next month. CHAIRMAN LEFEBVRE: I think they've been prepared for the past few months. MR. KRAENBRING: Okay. Are you going to just waive notice? MR. HOLZEM: Yes. CHAIRMAN LEFEBVRE: And the meeting is? Can you check the date, please. MS. RAWSON: September 25th. And it's going to be on Horseshoe Drive. MS. STUDENT-STIRLING: Just for the record, if! might, those meetings are at 2800 North Horseshoe Drive in the Community Development and Environmental Services building, and they're usually in Room 610. So Ijust want -- I'm not sure it will be in 610, but that's where they usually are. So since people are waiving notice, I just wanted to put that on the record. MR. KRAENBRING: Just waive written notice so it just saves Jean some -- MR. L'ESPERANCE: Jean, was that the 25th or 26th? MS. RAWSON: 25th. MR L'ESPERANCE: Thank you. CHAIRMAN LEFEBVRE: Thank you very much. The next case will be an imposition of fines, continuance for imposition of fines. Jeffrey Macasevich. MR. KEEGAN: Good morning. For the record, Thomas Keegan, Collier County Code Enforcement Investigator. (Speaker was duly sworn.) Page 8 16' 183 August 22, 2008 MR. KEEGAN: The county has no opposition to the request. MR. KRAENBRING: The respondent is not here today? MR. KEEGAN: No, sir. MR. KRAENBRING: So we have written-- MR L'ESPERANCE: Uh-hum. MR. KRAENBRING: Okay. I make a motion that we grant the continuance. CHAIRMAN LEFEBVRE: Do I hear a second? MR. L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Motion passes. MR. KEEGAN: Thank you. CHAIRMAN LEFEBVRE: Next one will be BCC versus J. Peaceful, LC. MR. CHAMI: Good morning. CHAIRMAN LEFEBVRE: Good morning. If you could just hold on a minute, we'll have the investigator come up and we'll swear both you in at the same time. MR. CHAMI: Sure. (Speakers were duly sworn.) CHAIRMAN LEFEBVRE: Go ahead, sir. MR. CHAMI: Thanks a lot for-- CHAIRMAN LEFEBVRE: Can you state your name, please. MR. CHAMI: My name is George Chami and I represent J. Peaceful, LLC. Page 9 16' 183 August 22, 2008 I asked for continuance, since I was not able to be here this morning. But since I was being requested to be present for the continuance, so basically I would like to present my case and explain to you basically what's the situation with the lien and for different infraction I have. CHAIRMAN LEFEBVRE: Okay. So you're not asking for a continuance? MR. CHAMI: Not anymore, no. CHAIRMAN LEFEBVRE: Then we will take your case in the order that it is, and if you could -- MR. CHAMI: Thank you very much. CHAIRMAN LEFEBVRE: -- wait until after the regular cases are heard. Thank you very much. Do I need to change the agenda again or -- MS. RAWSON: You can move that one back to 5.A.2. CHAIRMAN LEFEBVRE: Do I hear a motion to move it back to 5.A.2? MS. RAWSON: Well, I guess it would be 5.A.l now. CHAIRMAN LEFEBVRE: Okay, 5.A.I then. MR. LARSEN: So moved. MR. KRAENBRING: I make a motion that -- MR. LARSEN: Go ahead. MR. PONTE: I make a motion that it be moved to 5.A.I. MR. KRAENBRING: Who wants to go first. CHAIRMAN LEFEBVRE: Do I hear a second? MR. L'ESPERANCE: I second it. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. Page 10 16' 183 August 22, 2008 MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Thank you very much. Okay, the next one will be a motion for extension of time. And that is BCC versus Joseph Ferio Francois. (Speakers were duly sworn.) MR. BRUGGER: My name's John Brugger. I'm speaking on behalf of Dr. Francois. We had a meeting with the staff earlier this weekend. Our request is to withdraw the motion at this time. CHAIRMAN LEFEBVRE: Does the county have any -- MR. LETOURNEAU: No objection. MR. KRAENBRING: So are we hearing a case today? MR. LETOURNEAU: No, it's just the status quo. As the case is going on, the fines are continuing. And they've agreed to bring this property into compliance one way or the other as soon as possible. MR. KRAENBRING: I make a motion that we grant the extension of time. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: Second. MR. KRAENBRING: Oh, they're withdrawing the motion for extension of time. MS. RAWSON: I don't think it requires as vote. If they withdraw the motion, we don't need an order. MR. KRAENBRING: Very good. We're being too efficient. CHAIRMAN LEFEBVRE: Thank you very much. Next we're going to move on to stipulations. And the first one will be Carlos Perez. (At which time, the respondent, the county and Interpreter Jesus Fernandez were duly sworn.) MR. SNOW: For the record, Investigator Kitchell Snow. Page 11 16 I 183 August 22, 2008 The respondent and the county have reached a stipulation agreement, and the stipulation agreement reads as such: That one, they agree that there was a violation on the property and they will pay operational costs in the amount of 88.43 incurred in the prosecution of the case within 30 days of the date of the hearing. And two: A, abate all vio -- obtain all valid Collier County after-the-fact building permits for the unpermitted construction/remodeling/additions of the structure within 30 days of the date of the hearing or a fine of $200 a day will be imposed until such time as the permit is obtained; and obtain all inspections through certificate of completion, C.O. for the construction/remodeling of the structure within 60 days of the date of after-the- fact permit issuance, or a fine of $200 a day will be imposed until such time as the violation is abated; or obtain a demo permit and remove all construction/remodeling/additions within 90 days of the date of the building and restore the building to its original permitted state or a fine of $200 a day will be imposed until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. Remove all construction waste to the appropriate site for such disposal. And three: The respondent must notify the code enforcement that the violation has been abated and request the investigator to come out and perform a site inspection. CHAIRMAN LEFEBVRE: Does the board have any questions? MR. DEAN: I have one. What kind of time frame do you think you're giving on this for completion? MR. SNOW: Well, sir, the code states when there's after-the-fact permits, they have to give 60 days -- we have to give six days. And I think this is -- they're well in the process of obtaining the permit, so that's where the 30 days is from. And I also want to add that for the record, if they get close to Page 12 16' 1B8 August 22, 2008 any of these time frames that they need to request to come back and get an extension of time. But this is the case that we heard last time and we asked for more time and the board denied that, so that's why we've adjusted this a little bit. MR. DEAN: Okay. Because I was looking at the '07 September, and here it is August, '08. And so I'm just trying to follow a time. MR. SNOW: Yes, sir, understood. MR. DEAN: It seems long to me. MR. SNOW: This case was one of the cases that was an investigator's leave, or retire, it was one of those things that got passed on. And it was eventually passed on to me. And as you know, it takes probably 90 days to take this to frutation (sic) to the board, and that's basically where we're at. MR. DEAN: Okay, thank: you. MR. SNOW: Yes, sir. CHAIRMAN LEFEBVRE: Does Mr. Perez understand what his responsibilities are? THE INTERPRETER: Yes, he does. CHAIRMAN LEFEBVRE: Any other questions from the board? MR. KRAENBRING: I'll make a motion that we grant the stipulation. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Any nays? Page 13 161 IB'3 August 22, 2008 (No response.) CHAIRMAN LEFEBVRE: Motion passes. Next stipulation will be BCC versus Patriot Square, LLC. (Speakers were duly sworn.) MS. PATTERSON: For the record, Sherry Patterson, Collier County Code Enforcement. The respondent has agreed to the terms and conditions set forth in the stipulation and therefore it is agreed between the two parties that the respondent shall pay all operational costs in the amount of 89.75 incurred in the prosecution of the case within 30 days of this hearing. Two, abate all violations by obtaining an after-the-fact demo permit for the removal of the sign and to ensure all safety and electrical components -- safety concerns has been abated within seven days of this hearing or a fine of $150 per day will be imposed for each day the violation continues. By removing the remaining portion of the sign and all the debris associate with the sign within seven days of this hearing or a fine of $150 per day will be imposed for each day the violation continues. Three: The respondent must notifY the code enforcement officer that the violation has been abated and request that the investigator come out and do a site inspection to confirm final abatement. CHAIRMAN LEFEBVRE: And again, can you just state your name for the record. MR. CLAUSSEN: Justin Claussen. CHAIRMAN LEFEBVRE: And your relationship to Patriot Square? MR. CLAUSSEN: Property manager. CHAIRMAN LEFEBVRE: You are the property manager? MR. CLAUSSEN: Yeah. CHAIRMAN LEFEBVRE: So you have the authority to sign on behalf -- MR. CLAUSSEN: Yes. I'm also the owner's nephew. Page 14 lugs! 22, !o~l CHAIRMAN LEFEBVRE: You have the authority to sign on behalf of -- MR. CLAUSSEN: Yes. CHAIRMAN LEFEBVRE: -- Patriot Square? And you agree to the stipulation here? MR. CLAUSSEN: Yes. CHAIRMAN LEFEBVRE: Have we had the case before us before? MS. PATTERSON: Yes, we have. This case was heard on February 28th, actually, to be exact. CHAIRMAN LEFEBVRE: Of this year? MS. PATTERSON: Yes. There was a clerical error and so we re-noticed, and so that's why we're here today. CHAIRMAN LEFEBVRE: It did sound familiar. Any other questions of the board? MR. LARSEN: I have a question. Is the county satisfied that this gentleman appearing here today has the authority to bind Patriot Square? MS. PATTERSON: Yes, sir. MR. LARSEN: Because it appears that just being related to the property manager and not being a registered agent or a member of the organization is questionable. MS. PATTERSON: I have been working a bit with Mr. Justin Claussen here. He and I have been corresponding on behalf of his uncle, Dennis Claussen, and I believe he does have the authority to sIgn. MR. LARSEN: Okay, I have no further questions. CHAIRMAN LEFEBVRE: Jean? MS. RAWSON: I don't have any problem with it. We don't always get the registered agent. As long as they testify and swear on the record that they have the authority. If we ever found out that wasn't true, you know, then we could set it aside. But generally as Page 15 16' 185 August 22, 2008 long as you put it on the record. He also has the same last name, which makes it easier. And you've got the testimony of the county. So I don't have any problem with it. CHAIRMAN LEFEBVRE: Very good. Do I hear a motion? MR. KRAENBRING: I make a motion that we accept the stipulation. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: I'll second. CHAIRMAN LEFEBVRE: CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. PATTERSON: Thank you. CHAIRMAN LEFEBVRE: All right, we're going to move on to hearings. First one will be BCC versus William and Laura Mara. MS. MARKU: I believe that item has been stipulated as well. CHAIRMAN LEFEBVRE: Okay, did I miss that? MS. WALDRON: No, we're waiting for the stipulation agreement. He's making copies right now. CHAIRMAN LEFEBVRE: Do we want to set this aside and then bring it back? Page 16 lA~gJst 21~d MS. WALDRON: Sure. MR. MARA: Do I sit down now? CHAIRMAN LEFEBVRE: Yeah, I guess they're still working on a stipulated agreement and there would be no reason to have you come in front of us at this point. MS. WALDRON: Actually he's here right now so we can go ahead and do it. (Speakers were duly sworn.) MR. MARTINDALE: Good morning. For the record, my name's Ron Martindale, Investigator for Collier Code Enforcement. This is reference Case No. CESD20080004753. Mr. William and Laura Mara are the respondents. This is reference a modification to the rear of a dwelling located at 4550 Boabadilla Street, in Naples. I have some accompanying photographs I'd like to submit. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KRAENBRING: Make-- CHAIRMAN LEFEBVRE: Make a motion to accept? MR. KRAENBRING: Yeah, I make a motion to accent the exhibit. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: I'll second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. MARTINDALE: Mr. MaraMara has agreed to sign a stipulation to abate the situation. Page 17 16' 183 August 22, 2008 As you can see, this is the rear of a duplex unit. His former tenant enclosed the rear lanai, made it into a living area. MR. MARA: That was without my permission or knowledge. MR. MARTINDALE: In essence, the respondent turned himself in. He called to complain of the additions the complainant or -- MR. MARA: Isn't that stupid? MR. MARTINDALE: -- the tenants made. MR. DEAN: That's a first. MR. MARA: Yeah, you try to do something right. MR. KRAENBRING: Just for expediency sake, ifhe's agreeing to the stipulation, I don't know how much testimony we need from the county . MR. MARA: You know, I just wanted to make one comment. I agree to the stipulation, I turned myself in. Mr. Martindale worked with me. I'm on disability for my knees and my back. I wanted to get my knees operated on this month, but the 30-day stipulation will naturally interfere with that. I have to go and hire a licensed contractor. That means getting four or five estimates. It's hard for me to walk. I just wanted like six months. Not only that, but I own like six, seven houses in Collier County and a business that's seasonal. And where that used to be boasting years ago, now you can see I'm getting nickeled and dimed from every venture I've been in in Collier County, subsequently going broke. I just wanted a little time to get into season so my business picks up and we could pay for all these permits and things like that. MR. KRAENBRING: Do you feel that the 90 days on the stipulation is -- MR. MARA: That will force me to postpone surgery. I was supposed to meet with my surgeon today, but I canceled because of this, so that's been postponed till next week. But I would like to get out of pain as soon as possible. Page 18 161 18'3 August 22, 2008 But if it's your desire for me to continue this in the 90 days, well, then I'll have to put my back and knees on hold and work on this while my wife is running the store. We own Patio People of Naples, and as you know, it's a seasonal business. And our season's coming up in October, and then we would be able to have the finances. MR. KRAENBRING: So how much time are you looking for? MR. MARA: Well, maybe four months, five months. CHAIRMAN LEFEBVRE: I've got a couple of questions. First of all, is the property currently occupied? MR. MARA: Yes. CHAIRMAN LEFEBVRE: It is. That enclosed area looks like it was enclosed with a piece of plywood which looks like a door. MR. MARA: Yes. CHAIRMAN LEFEBVRE: Which is one way of egress and mgress. And I understand your plight. But being that it is an occupied dwelling, that is a way of escape. MR. MARA: There's a door on the other side-- CHAIRMAN LEFEBVRE: Oh, okay. MR. MARA: -- of the plywood. So they do have an escape at the back of the door of the house. He just merely -- if I could. These walls were here. THE COURT REPORTER: Excuse me, could you get on the mic, please. MR. MARA: The bottom half of the walls were always there. Above where the plywood was was screened. So he put plywood at the door and the sides of the house because his daughter had a baby. So that came up with the son-in-law living in there and the daughter. So he went ahead and just put plywood over there. And on the inside put sheetrock and painted, badda-boom, in the room. And that's Page 19 16 I 183 August 22, 2008 what he did. So you can see that the exit, that's all one room there. So there is the door over there. And there's no electricity. There's nothing in that wall but the plywood. CHAIRMAN LEFEBVRE: When was the case initially initiated, I guess. MR. MARTINDALE: April 14th, sir, of this year. He's had sufficient notice and time. It is a relatively simple, I would estimate, job to demo. It's not like removing anything structural. MR. KRAENBRING: So what you're going to be doing is removing this plywood, removing the drywall and then I guess restoring screens or windows to that area? MR. MARA: Yes. MR. KRAENBRING: Okay. MR. MARA: It would be inexpensive, but by the time I get a licensed contractor to fill out the -- what's that, where you tear things down permit. CHAIRMAN LEFEBVRE: Demo. MR. MARA: Demo permit. And then having a -- I have a handyman that works for me, and I was just going to have him take that down and repair it. It will get costly. I'm probably looking at a three to $5,000 job, depending on the man. CHAIRMAN LEFEBVRE: Any other questions of the board? MR. DEAN: I just have one. I'm always concerned about the safety factor, that if you have somebody living in there and it's unpermitted, it's not a healthy situation. MR. MARA: Well, like I said, there is an exit over there. There is no electricity or plumbing in that wall. MR. DEAN: In that room there's nothing but a bed? MR. MARA: Nothing but a bed. MR. DEAN: That's it? Page 20 16' 183 August 22, 2008 MR. MARA: That's it. MR. DEAN: Okay. MR. KRAENBRING: Can I make a comment? We could handle this one of two ways. One is we can just accept the stipulation, the 90 days, and then ifthere's an issue he's going to come back to us and ask us for an extension of time, or we can grant him some additional time, just to sort of keep our housekeeping in order, you know, so we don't have to rehear the case. I think 90 days is a fair amount of time to complete this work. And I would -- MR. L'ESPERANCE: I would agree ,,\ith you. MR. KRAENBRING: Yeah, I would make a motion that we accept the stipulation as approved by the county and the respondent. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: I will second that motion. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: No. CHAIRMAN LEFEBVRE: We have one nay. MR. DEAN: Yes. CHAIRMAN LEFEBVRE: Motion is passed. Do you understand, sir? MR. MARA: You know, I'm not being flagrant in just ignoring the violation. My -- CHAIRMAN LEFEBVRE: We already made a decision. MR. MARA: -- wife works, we have three children, so I'm the primary caregiver, if you would. Page 21 16 I 1 83 August 22, 2008 CHAIRMAN LEFEBVRE: Sir, we already made-- MR. MARA: My health is hard. So it wasn't like I was just flipping you off, so to speak. I did know I had to do this. I was waiting for the time and the finances. CHAIRMAN LEFEBVRE: Sir, we already heard the case, we made a decision, and you will have 90 days. If for some reason you can't complete it within 90 days, you can come back to us and we will look at it at that point. MR. MARA: Okay, sir. CHAIRMAN LEFEBVRE: Thank you very much. MR. DEAN: Can I just ask a question of our attorney? Jean, I just had a question. If they didn't have a permit to put it up, why do you need a permit to take it down? Nobody knows it was there or not. But now you do. MS. RAWSON: Well, any time you demolish things you have to have a demolition permit I guess is the simple answer to your question. MR. DEAN: Never a permit to put up? MS. RA WSON : Well, you've got to have a permit to take it down. MR. MARTINDALE: In may, sir, it's so it can be inspected after the fact to make sure everything's done to code. MR. DEAN: Okay, I just wanted to bring that up for now. Thank you. MR. KRAENBRING: Can I ask you a question? Was that the basis of your no vote? MR. DEAN: No, no, not at all. My basis is safety. You have somebody sleeping in an unpermitted room. If we have a fire, how do we look? Not good. MR. KRAENBRING: So you felt that the time should have been shorter? MR. DEAN: Yes, sir. Yes, sir. If there's a fire, we don't look Page 22 Ib I 11:J,? August 22, 2008 good. CHAIRMAN LEFEBVRE: Next case will be BCC versus Empire Developers Group, LLC. MR. SLA VICH: Good morning. I'm Bill Slavich, president of Empire Developers Group. (Speakers were duly sworn.) MR. BALDWIN: For the record, Patrick Baldwin, Code Enforcement Investigator. MS. MARKU: For the record, the board and the respondent were sent a packet of evidence, and that packet is marked as Exhibit A, County Exhibit A. MR. KRAENBRlNG: Make a motion that we accept the packet. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRlNG: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. SLA VICH: Actually, we're asking if we can get a continuance in this case until your next meeting. Weare currently working with Development Services and Joe Schmitt and transportation and commissioners on a -- I'll call it an impact fee deferral program recommendation that -- I believe we've met a couple of times and have some staff support in this and are going to be bringing it to the commission meeting in September. MR. KRAENBRlNG: Jean, are we hearing this case or just as to form, continuance? Page 23 16 I 183 August 22, 2008 MS. RA WSON : Well, he's just made what's called an ore tenus or oral motion on the record for a continuance, so you have to deal with his motion. MR. KRAENBRING: Okay. And does the county have an . . opInIOn on -- MR. BALDWIN: The county would just like to say, there hasn't been an agreement reached as of yet. We wouldn't go against the motion for continuance, we would agree with that, pending the board's results on September 9th. But as of yet there hasn't been an agreement reached. CHAIRMAN LEFEBVRE: What's the relevancy to this case and the board's decision? MR. SLA VICH: Well, really it was more of an economic stimulus package, so to speak. I mean, the financing in today's market on land deals is getting extremely difficult. In our specific case, although we are renewing an existing bank loan, we are being required to pay 100 percent of the improvements and the interest reserve. The stumbling block here is in round numbers, $400,000 of transportation impact fees. And we've already installed a landscaping berm for the residents ofOlde Cypress. I actually live in that community myself. So we're -- the proposal that is actually going that we have met with Joe Schmitt and Nick at transportation on is to actually pay 25 percent of the transportation impact fees and post a letter of credit for the balance. That is the deviation. It obviously needs to go through the Board of County Commissioners' meeting. But we have actually met with the County Commissioners and we were told that if we had support by staff and transportation, that they saw no reason for them not to support that either. So that is going to be a recommendation coming out of development services, which is the reason we're asking for the continuance until the next meeting. We Page 24 161 183 August 22, 2008 believe that we'll have this resolved by the first commission meeting in September. CHAIRMAN LEFEBVRE: I still don't understand the relevancy that you have dust control issues and getting this impact fee reduction or what it may be. I just don't see how that's going to correct this. MR. SLA VICH: Well, it's coming up with an additional $400,000 on top of the already two and a half million that we're coming up with to put the improvements in. And it was just a timing issue. It's taken a little longer than we anticipated. And although there really isn't a dust control issue now with the amount of rain that's out there, so -- and it took some time to get everyone together as far as transportation and development services and to coming up with what we thought was a feasible plan and what they thought was going to be amenable to them. CHAIRMAN LEFEBVRE: So are you saying that you have to pay impact fees before you start the infrastructure of the property? MR. SLA VICH: That's correct. CHAIRMAN LEFEBVRE: And in doing the infrastructure, it will take care of the dust? MR. SLA VICH: That's correct. Actually, the total infrastructure and paving and everything scheduled is somewhere between 90 to 110 days from start. Which we would anticipate that we would be able to start -- we have all permits ready to pick up. We would be able to start essentially a couple of days after the Board of County Commissioners' meeting. MR. BALDWIN: MR. BALDWIN: Mr. Chair, the county would have no objection to the continuance. CHAIRMAN LEFEBVRE: Do I hear a motion to continue to the next meeting? MR. LARSEN: I make a motion to continue to the next meeting. MR. DEAN: I'll second that motion. Page 25 , 1 ~ukust t2~O~8 CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Motion passes. MR. SLA VICH: Thank you very much. MS. RAWSON: Again, the next meeting is September the 25th, and it will be held at the Code Enforcement Board office on Horseshoe Drive. CHAIRMAN LEFEBVRE: Mr. Slavich, do you waive notice? MR. SLA VICH: I waive notice. Ifwe actually get it, I guess the question would be if -- CHAIRMAN LEFEBVRE: It would probably be withdrawn. Or potentially be withdrawn. MR. BALDWIN: MR. BALDWIN: Correct. MR. SLA VICH: Thanks. You all have a nice day. UNIDENTIFIED MEMBER OF THE AUDIENCE: May I say something? I did put my name in for this. CHAIRMAN LEFEBVRE: We already made the motion, so -- MS. RA WSON: She did. She asked to actually speak at the public hearing. So it's up to you, since it's not going to actually be heard till next week (sic). MR. LARSEN: Next month. MS. RAWSON: Next month, sorry. CHAIRMAN LEFEBVRE: We made a motion to -- UNIDENTIFIED MEMBER OF THE AUDIENCE: But I did put my name in before this started, before you even get it. That's what Page 26 16 I 183 August 22, 2008 you do for the BCC meeting. And I have -- I have some Land Development Code issues here. CHAIRMAN LEFEBVRE: Actually, you need to be on the mic. Being that the case is not heard, do we need to hear her? MS. RAWSON: It's up to you. It's not going to hurt anything, because you haven't heard the case yet. CHAIRMAN LEFEBVRE: Or would it be more relevant -- MS. RAWSON: It would be much more relevant for her to be heard on September the 25th before you make a decision. You haven't heard any of the evidence from the county yet. MR. L'ESPERANCE: I would lean towards that way too, Mr. Chairman. CHAIRMAN LEFEBVRE: Okay. Do I need to have a motion not to hear, or -- MS. RAWSON: Well, she did put in a request to be heard. So, you know, maybe you should have a discussion and a vote on that. Because whatever she has to say is probably extremely relevant at a hearing, which you're not having. CHAIRMAN LEFEBVRE: But not at a continuance. MS. RAWSON: Right. CHAIRMAN LEFEBVRE: I'm going to open up to discussion of the board. MR. PONTE: I think it's out of order to hear it now and I think it could be prejudicial. We'd be getting information before the hearing, and in order -- and to carry it forth for a month to perhaps hear it again. So I would think that the petitioner should appear at the meeting in September. MR. L'ESPERANCE: I would agree with you. CHAIRMAN LEFEBVRE: And to make it formal, I'd like to have a motion that we not here it until next month. MR. L'ESPERANCE: I'll put forth that motion that we defer hearing from the public on public opinion matters for this particular Page 27 16 I 18 '3 August 22, 2008 case until we actually hear the case at the September meeting. CHAIRMAN LEFEBVRE: And do I hear a second? MR. PONTE: I'll second it. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Thank you. The next case will be BCC versus United Parcel Services, Inc. And we have two cases. MR. PONTE: Can these cases be combined? CHAIRMAN LEFEBVRE: Yeah, that's what I was going to ask. MS. RA WSON : You can combine them. They are a little different, however. And I think the alleged violations are different. And I'm going to have to write two orders, so -- CHAIRMAN LEFEBVRE: Are the facts somewhat similar? Because if they are, then -- MS. RAWSON: Well, and the property is the same. CHAIRMAN LEFEBVRE: Does the county have a problem with combining these two cases? MR. SNOW: The only issue would be is the operational cost. There's operational costs in -- separate operational costs. And as your attorney said, the violations are a little different, so I would prefer to keep them separate just in the fact -- and just to let you know, these fines are abated so all we're asking for is a finding of fact. It's not going to be -- MR. KRAENBRING: Okay. And the thing is, we can just hear the facts of the case -- Page 28 16/ 18 '3 August 22, 2008 MR. SCOTT: Sure. MR. KRAENBRING: -- combined and then we can rule on them separately. MR. SNOW: Okay. (Ronald Acoff, John Brucato and Investigator Snow were duly sworn. ) MS. MARKU: This case is in reference to Department Case No. CEPM20080003788. The respondent and the board were sent a packet of evidence, and I would like to enter the packet of evidence as Exhibit A. MR. KRAENBRING: Make a motion that we accept the packet. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MS. MARKU: Violation of ordinances Collier County Code of Laws and Ordinances, Chapter 22, Buildings Article 6, Property Maintenance Code, Sections 22-241(2)(N). Description of violation: Parking on property in other than designated parking spaces. Location/address where violation exists: 971 Commercial Boulevard, Naples, Florida, 34104. Folio No. 00281840005. Name and address of owner/person in charge of violation location: United Parcel Service, Incorporated, Corporation Service Company, 1201 Hayes Street, Tallahassee, Florida, 32301. Registered agent: United Parcel Service, Incorporated. Attention Page 29 16 lIB :3 August 22, 2008 tax department, PO Box 28606, Atlanta, Georgia, 30358. Michael L. Eskew, P-55 Glen Lake Parkway Northeast, Atlanta, Georgia, 30328, property owner. Date violation first observed: March 6th, 2008. Date owner/person in charge given Notice of Violation: March 24th, 2008. Date on/by which violation to be corrected: April 18th, 2008. Date of reinspection: April 30th, 2008. Results of reinspection: Violation remains. At this time I would like to turn the case over to Code Enforcement Investigator Kitchell Snow. MR. SNOW: For the record, Investigator Kitchell Snow. Just to -- these violations have been abated. The county is asking for a finding of fact that there was a violation on the property and that they pay operational costs in the amount of 88.10 within 30 days of the date of the hearing. CHAIRMAN LEFEBVRE: Would you like to-- MR. ACOFF: No, I'd like to say that we've taken the necessary steps to ensure that this doesn't happen again. We've moved cars. We've also addressed the behavior aspects of it from the employees parking there. We also have a permit to expand the facility, which creates another 30 cars, 30 jobs there, along with long-term parking that's going to take us to the next 10 to 15 years. That permit is on file and we're waiting to hear from that. So we feel that we -- we're somewhat apologetic for having to be here, but we'll take care of it. CHAIRMAN LEFEBVRE: Could you state your name for the record and your relationship to United Parcel Service? MR. ACOFF: I'm Ronald Acoff. I'm the district plant engineering manager for south Florida. CHAIRMAN LEFEBVRE: And you're representing them? Page 30 16 I 18:3 August 22, 2008 MR. ACOFF: Yes, I'm representing U.P.S. CHAIRMAN LEFEBVRE: And you -- MR. BURCA TO: My name's John Burcato. I'm the business manager for the Naples facility in Collier County. CHAIRMAN LEFEBVRE: Thank you very much. MR. KRAENBRlNG: I make a motion that a violation did exist. CHAIRMAN LEFEBVRE: And do I hear a second? MR. DEAN: Second. MR. PONTE: I'll second. CHAIRMAN LEFEBVRE: Take your choice. All those in favor? MR. KRAENBRlNG: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. And can we hear the recommended -- you did state it, but -- MR. SNOW: 88.10, just pay operational costs of 88.1 O. And there was a finding of fact that there was a violation of the property, so CHAIRMAN LEFEBVRE: Within 30 days? MR. SNOW: Within 30 days, yes, sir. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KRAENBRlNG: Make a motion that we accept the recommendation of the county. CHAIRMAN LEFEBVRE: And do I hear a second? MR. PONTE: I'll second. Page 31 16 I 183 August 22, 2008 CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. We'll move on to the next case. United Parcel Service, Inc. MS. MARKV: That is in reference to Department Case No. CELU20080003784. The respondent and the board were sent a packet of evidence, and I would like to enter the packet of evidence as Exhibit A. MR. KRAENBRING: Make a motion that we accept the packet. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MS. MARKU: Violation of ordinances, Collier County Land Development Code 04-41, as amended, Sections 2.02.03, 4.05.01(A), and 4.05.01.(B)(3). Description of violation: Utilizing of street parking spaces for other than parking of motorized vehicles. Page 32 161 183 August 22, 2008 Location/address where violation exists: 971 Commercial Boulevard, Naples, Florida, 34104. Folio No. 00281840005. Name and address of owner/person in charge of violation location: United Parcel Service, Incorporated, Corporation Service Company, 1201 Hayes Street, Tallahassee, Florida, 32301. Registered agent, United Parcel Service, Incorporated, attention tax department, PO Box 28606, Atlanta, Georgia, 30358, Michael L. Eskew, P-55 Glen Lake Parkway, Northeast, Atlanta, Georgia, 30328. That's the property owner. Date violation first observed: March 6, 2008. Date owner/person in charge given Notice of Violation: March 24th, 2008. Date on/by which violation to be corrected: April 22nd, 2008. Date of reinspection: April 30th, 2008. Results of reinspection: A violation remains. At this time I would like to turn the case over to Code Enforcement Investigator Kitchell Snow. MR. SNOW: For the record, Supervisor Kitchell Snow. This case started by citizen complaint of -- they had loading platforms dropped, blocking handicapped parking spaces. The violation has been abated. I have talked to Mr. Burcato, and Mr. Burcato has been very attentive to what he needs to do for his center. He's always been very cooperative with us. We're asking that a violation did exist on the property and we're asking for operational costs paid within 30 days in the amount of 88.43. MR. ACOFF: No contest on it. CHAIRMAN LEFEBVRE: Again, if you could state your name, please. MR. ACOFF: Ronald Acoff, district plant engineer -- plant engineering management, south Florida. Page 33 161 183 August 22, 2008 CHAIRMAN LEFEBVRE: Again, you do have the authority -- MR. ACOFF: Yes, sir. CHAIRMAN LEFEBVRE: -- to represent United Parcel? MR. ACOFF: Yes, I represent u.P.S. CHAIRMAN LEFEBVRE: And again, state your name, please. MR. BURCA TO: John Burcato, the business manager for the facility in Naples, Florida. CHAIRMAN LEFEBVRE: Thank you very much. Do I hear a motion? MR. KRAENBRlNG: I make a motion that a violation did exist. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: Second. CHAIRMAN LEFEBVRE: CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRlNG: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. SNOW: Thank the board. MR. KRAENBRlNG: I'll make a motion that we accept the recommendation of the county for the imposition of operational costs. CHAIRMAN LEFEBVRE: Thank you very much. Do I hear a second? MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRlNG: Aye. Page 34 161 1~ August 22, 2008 MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: All right, we're going to move on to imposition of fines. BCC versus Ascension, Inc. MR. L'ESPERANCE: We have a hearing, Peaceful hearing to hear. MS. WALDRON: Yeah, 1. Peaceful. CHAIRMAN LEFEBVRE: Oh, I'm sorry. MR. KRAENBRING: He's here. CHAIRMAN LEFEBVRE: Okay, I apologize. Imposition of fines. We're going to move to J. Peaceful, LC. I apologize. (Speakers were duly sworn.) MR. CHAMI: Good morning again. MS. MARKU: This is in reference to Code Enforcement Board Case No. 2007060387, Board of County Commissioners versus J. Peaceful, LC. This case came before the Code Enforcement Board on March 27th, 2008, and the board issued a finding of fact, OR 4347, Page 0585. The respondent has not complied with the Code Enforcement Board orders as of today, August 22nd, 2008. As a result, Collier County is requesting to issue an order imposing a lien in the amount of $22,598.70 for fines of a rate of $150 per day for the period between May 27th, 2008 to August 8th, 2008, 74 days, for a total of$II,100. Fines continue to accrue. Operational costs of 398.70 have not been paid. CHAIRMAN LEFEBVRE: Is the -- how do you come up to the Page 35 16 I 1 B3 August 22, 2008 lien amount of$22,598.70? MS. MARKU: Please, I would like to have a second to recalculate that amount. CHAIRMAN LEFEBVRE: Okay. MS. MARKU: I apologize. For the total amount oflien it should be $11,490.70 -- 98.70. MR. KRAENBRING: So that's for the 74 -- yeah, 74 days. MS. MARKU: That is for 74 days, and the operational cost. So it's a total of$II,498.70. CHAIRMAN LEFEBVRE: Which the fine would be $11,100 and then 398.70 for the operational costs. MR. KRAENBRING: The $22,000 figure, are there additional fines from a different period? It's just a misprint? CHAIRMAN LEFEBVRE: Miscalculation. MR. KRAENBRING: Okay. CHAIRMAN LEFEBVRE: Go ahead, sir. MR. CHAMI: First of all, I really would like to apologize for wasting your time again. 1 came in front of you on March 27, and I asked from you the opportunity to extend from I believe 30 days to 60 days at that time. And you were very nice by approving this particular extension at the time for me to be able to fix this particular sign. What we have to understand here is we're talking about a small sign which cost me at that time when we put it seven years ago $800. Now, this is a sign on my building which is basically -- I own a 11,000 square feet building on Immokalee Road. And unfortunately I have no excuse whatsoever beside we're going through a major trouble right now, major financial trouble, like everybody else is going through. I believe it's very appropriate to say when it rains, it pours. And frankly, it's like every -- when you made the recommendation at that time and you extended the time for me to do it, we went ahead and we tried to call contractors to do this particular Page 36 l~ult 22,~~~ order, sign contractors. I thought it would be very easy to be done, probably 400, $500, since the sign itself cost $800. Now, nobody want to touch it because it is a contour sign, is not a regular sign. And basically the company who did it, for reason which I will like not to go through it right now, is we called them at least five times. They never returned the calls. And two other companies who came to see it, one of them, they decide not to touch it. Basically some neon inside are broken. So they need for replace it all. They don't have the digitizing for it, because the sign is contoured, so basically they don't have -- it's not a square box. So basically they have to really cut the whole plastic inside. It's a very easy job if somebody want to do it. So the cost was around $3,600 to do it. And frankly, every week we're trying to survive, week after week, thinking that basically we'll be able to make it in a couple of weeks. Seven years we're in business. Seven years never once through this hard trouble ever. We believed always that basically the more you go in time, the more you move forward the better it is. We're going backward. We did everything we have to do. We did a lot of marketing on -- with the Naples Daily News, on Val-Pak and different things to get business in. And even people tells me we're doing good. I showed Mr. Snow my bank accounts. I'm not proud at all; in fact, I'm very embarrassed now talking about this one here in public. But it is extremely tough. We're meeting with our bank to refinance. And the banks, as you know, they're not refinancing anything. We're going through a very tough time. And the $3,600 plus the permitting fees, because nobody want to touch that particular sign, basically every week we think that it's better to spend this particular money what really need to be done to pay vendors, to pay employees, Page 37 16 I 183 August 22, 2008 to pay mortgage. Then we were late on our mortgage for three months, basically. But we're able to refinance, or redo something with the bank based on interest only for a few months. So basically we're hoping to get the season back, hoping to get better times, hoping to -- but frankly, I don't know what to tell you. I have no excuse whatsoever. I was in front of you last time. It was been approved for I believe 30 days. You doubled the time to make sure that I will not be in front of you. I had all the intention to do it. Unfortunately it's not better off. Not that I don't want to do it, I'm not able right now to do it. I hope, I really hope that before November, October, November I would be able to get better financial situation for me to spend the $3,600 on a sign for the cleaner. Which is basically it's the only sign showing the cleaner on the building. If I take it out, I will be without a sign, meaning my business will be going even lower. At this violation, yes, I have no excuse. I have no excuse. But frankly, I don't know what to do. MR. L'ESPERANCE: May I ask a question. Would it be less expensive to simply put a new sign up instead of repairing the old sign? MR. CHAMI: It is basically the company, Sign Tech, who gave me the price. They have one in their backyard for $3,600 plus permitting fees. If they have to go for a new one, they want around $6,000 for a channel letter. The contour nobody want to touch. So I had a company who want to do it and they saw the neon broken, they decide not to touch it. So Sign Tech decided if they have to repair that particular one it would be at least $3,000 before they take it to their shop, so -- MR. L'ESPERANCE: Investigator Snow -- Supervisor Snow, what are your recommendations for an inexpensive way for this gentleman to solve his problem? Page 38 1 JtgLst 21 ~68 MR. SNOW: The county feels for the respondent. And there are tough economic times. The only solution would be to remove it, but then it limits his exposure to the community, so we're caught between a rock and a hard place. If an extension were given by the board to do that, is it a health and safety issue? Itts got electric in it, it's got neon in it, it's open. We've gone through two hurricanes. It -- I was out last week and took a look at it. There's been no further damage. But fines continue to accrue no matter what's going to happen. If you extend it, fines are going to continue to accrue. And are we promulgating a problem or are we trying to fix it? I don't know what the solution would be other than to remove it. And you're killing his business -- we're killing his business then. And so we're caught between a rock and a hard place, just as he is. But it is a violation and it continues to -- fines continue to accrue. CHAIRMAN LEFEBVRE: Do you have a time frame of when you're going to have this fixed? MR. CHAMI: If it's my call, I will do it in a week. It's my financial problem. I show Mr. Snow before my accounts, and I show him basically before. And I never thought in my life I would be here in front of public hearing saying what I'm saying right now, but it's a matter of fact now. Definitely I'm across the street from a high school and from the school. Basically I hope that -- the school started two dates ago and it was our worst day in three years. So I hope that in the few days coming later will be better than the first day of school. But basically the school across the street where we have the high school and the elementary school are the main part of generating business for us. And we hope by November, when all the football season is going, the parents are more used to the whole area and the whole pattern how to do it, our business will pick up. Now, we hope by then we need to do it. Page 39 16 I 183 August 22, 2008 It's not a major issue, frankly, if it's on the side of the building. But it's not -- it is a violation, I understand this very well. But it's not -- I'm not trying to find excuses here. The only issue I'm saying -- CHAIRMAN LEFEBVRE: What I'm asking you is we have a couple decisions to make. But you're not giving us any -- if we were extending your time, we need to know when it's going to be done so you don't have to come in front of us again except to say I've corrected the problem. So that's what I'm looking for. MR. CHAMI: Last time I came in front of you and you asked me the question and I told you two months I will do it. I lied. MR. KRAENBRING: Jean? MS. RAWSON: Yes. MR. KRAENBRING: Jean, I need to ask you a question. MS. RAWSON: Yes. MR. KRAENBRING: We're looking at an imposition of fines. MS. RAWSON: Right. MR. KRAENBRING: We can either choose to impose them now or impose them later. MS. RAWSON: Correct. MR. KRAENBRING: He's just going to keep extending his time until he gets it fixed. So it's not really as if we're saying it has to be done by a certain date. He's just going to wait until -- MS. RAWSON: He's got an order of the board which you extended. It's over. So you can either impose the fines today and ask him to come back for an abatement, or you can not hear the case today and impose the fines another two months or so. That's really your only choice. MR. KRAENBRING: What would be easier for just housekeeping? Just to wait? MS. RAWSON: Well, you know, probably need to ask the ladies from the Code Enforcement Board department. I would think to impose the fines and ask him to come back Page 40 l~ult 22,\~J when he has abated it. Because you don't have the authority really to abate the fines for him now, because he's not in compliance. MR. KRAENBRING: That's right. That's my sense of it too. CHAIRMAN LEFEBVRE: He was asking -- he said that he was trying to refinance with the banle If we do place a lien on any of his property or anything, then that may -- MS. RAWSON: It will show up. There's a lien already, because there's an order already. And so the order of the board wherein you gave him so many days to do it is already recorded. MR. KRAENBRING: So it's going to show up either way. MS. RAWSON: It is. MR. KRAENBRING: And he's going to have to explain that away or -- MS. RAWSON: It was recorded April 8th, 2008. So it's already going to show up. MR. KRAENBRING: I think that we're going to be hearing more and more of these cases, just like we're hearing foreclosure cases. And, you know, basically this gentleman's just asking for our common sense. I would think that -- I would agree with Jean that we impose the fine, but that this gentleman comes back and he corrects it, that at that time we can look at abating the fine or reducing it. My one concern is that if you did wind up selling this business that that violation would then become a problem. Because the new person may not know about it. But that may not really be any of our business. So -- MS. RAWSON: Well, they would know about the lien if they did a title search. MR. KRAENBRING: Right. CHAIRMAN LEFEBVRE: I would have to agree with Mr. Kraenbring. Any other discussion of the board? Page 41 16 I 183 August 22, 2008 MR. DEAN: I'd like to ask Mr. Snow one thing. It says in here that the respondent didn't contact the investigator. Have you been in good communication with this gentleman? MR. SNOW: Not since the hearing, no. I haven't heard anything from him. I've talked to him today. That's not unusual to do. We did post the property, he was given notice. MR. DEAN: Thanks. MR. PONTE: Just for clarification, so what we're considering is just to let it run until the respondent reports to code enforcement and says okay, the violation's been abated. And at that point he can come before the board and ask for a reduction of fines or elimination of fines. CHAIRMAN LEFEBVRE: That's correct. Either we can impose them now or impose them -- MR. PONTE: Or just let it run. CHAIRMAN LEFEBVRE: Right. MR. KRAENBRING: I would just say let's impose the fine as requested by the county, and then let this gentleman come back. I think everyone's sympathetic to his plight, the financial issue. I mean, that's -- we abate fines for varying reasons all the time. MR. PONTE: Ifwe just let it run and not impose a fine right now, does that in any way affect what appears on his record in the lien? In other words, if we imposed the fine now, there's a greater lien, isn't it, so it's -- MS. RAWSON: Well, if you impose the fine now, then there's a second lien that's been recorded, which is the imposition of fines. So there would be a specific lien of 11,000 -- CHAIRMAN LEFEBVRE: 498. MS. RAWSON: -- 498.70. Now there is just an order of the board that tells him he will be fined if he doesn't do something within so many days. MR. PONTE: I think we ought to just let it run now. Page 42 16 1 1 B3 August 22, 2008 MR. KRAENBRING: Yeah, I think if that's the case, just to help the gentleman with his refinancing, if it just takes away one more hurdle that he has to go over, then we're not -- MS. RAWSON: Well, procedurally then what you're doing is you're asking the code enforcement -- well, the county to withdraw it and put it back on the agenda next month or the following month, because that's the only way you can let it run. You're just not going to issue an order. MR. KRAENBRING: Does the county have an opinion on that? MR. SNOW: We yield to the discretion of the board. MR. DEAN: Can I interject one comment? Did I not understand you paid $800 for that sign seven years ago? MR. CHAMI: Eight hundred. MR. DEAN: Eight hundred. So it cost you $100 a year. So the sign's not really a good sign at this point, right? MR. CHAMI: Nobody want to touch it. It's contour. But basically to have a new one right now, it's $3,600. You have to understand, at that time it was part of $50,000 packet. This sign was 800. I thought just to fix the front -- it's not the sign itself. The box itself is fine. Now, just at that time, I thought it was just the Plexiglas on top. They told me the neon inside also is broken. But I'm ready right now. The only way to do it is to throw it and get basically -- see with one of these contractors in town who has a used one. Sign Tech used to have one I believe three months ago, or when we met, they used to have one in their backyard. Do they still have it for 3,600 or what it is? Hopefully in November if! have the money, and I believe hopefully by November I should have secured my position with the bank to be able to do it by end of November at the latest. MR. DEAN : You know, it's much, much more profitable for you to have a new sign, isn't it -- MR. CHAMI: I know. Page 43 16/ 183 August 22, 2008 MR. DEAN: -- and eliminate this problem that we have. MR. CHAMI: No doubt. I agree with you. MR. SNOW: I just want to -- I'm not going to submit this as evidence. I just want the board to see what we're talking about. Is that permissible to do that? CHAIRMAN LEFEBVRE: Jean, if we look at anything, we have to have it -- MR. SNOW: Okay, I'll submit it as evidence. MR. KRAENBRING: I'll make a motion that we accept the photo. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: Now, what sign are we talking about? CHAIRMAN LEFEBVRE: The cleaners sign. MR. SNOW: The cleaners with the face plates missing. MR. DEAN: Okay, got it. MR. SNOW: Exposed neon. MR. KRAENBRING: Yeah, it needs to be repaired or replaced. That's not even what we're being asked for today. CHAIRMAN LEFEBVRE: Right. Do I hear a motion to possibly -- MS. RAWSON: I think what you're doing is probably the Code Enforcement Board is making a motion to continue the case. CHAIRMAN LEFEBVRE: Right. Page 44 ~~u~t 22~~{ MS. RAWSON: And if you want to give it a specific dates, you can do that. CHAIRMAN LEFEBVRE: How about 90 days or till our November -- MR. PONTE: Yeah, I think it has to be longer than that, because what we're talking about is a bigger problem than just getting it done. We're talking about finances and we're talking about a whole raft of things. CHAIRMAN LEFEBVRE: How about December? MR. PONTE: Yeah, we'll take a look at it in December. MS. WALDRON: We don't have a scheduled hearing for December at this point because it fell -- MR. PONTE: We'll make it January-- MS. WALDRON: -- on the 25th. MR. PONTE: -- that will be good. CHAIRMAN LEFEBVRE: January? MR. LARSEN: I'd like to ask a question. CHAIRMAN LEFEBVRE: Sure. MR. LARSEN: Supervisor Snow, is there any harm or danger resulting from the neon or any electrical being exposed of this sign? MR. SNOW: My initial thought is it's a pretty high sign. If somebody could get into it or walk into it, that would be my initial thought, it would be a health and safety issue. Is it an imminent health and safety issue? It's been through at least one hurricane that tore the front off and a tropical storm last year and this year. It suppose it depends on the way you would look at it, sir. I would probably say yes. Because if it's a question in your mind is it a health and safety issue, I think we have to err on the side of caution. MR. LARSEN: Thank you. My only other comment is basically a stipulation was executed by this gentleman on March 27th, '08, at which time, you know, additional time was granted. And during this period of time it seems Page 45 16 I 183 August 22, 2008 that no activity was taken place in regard to the repair. I understand that he solicited proposals or estimates but never moved forward. And my inclination is to impose the fines, which is what is before the board today. And then should the gentleman want to come back before the board and seek an abatement of those fines at a later date, that's his prerogative. But my inclination is to approve the county's motion to enforce the order. MR. L'ESPERANCE: Mr. Chairman, I have a motion. CHAIRMAN LEFEBVRE: Any more discussion ofthe board before we have a motion? (No response.) CHAIRMAN LEFEBVRE: Okay, go ahead. MR. L'ESPERANCE: Mr. Chairman, I move that we continue this until the January, 2009 Code Enforcement Board hearing. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: Second. MR. PONTE: I'll second. CHAIRMAN LEFEBVRE: All those in favor? Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Any nays? MR. DEAN: Nay. MR. KRAENBRING: Nay. MR. LARSEN: Nay. CHAIRMAN LEFEBVRE: Three nays. The motion passes. MR. CHAMI: Thank you very much. God bless you. CHAIRMAN LEFEBVRE: You do understand that the fines are still -- MR. CHAMI: I understand that we're talking about big money here. I understand that I need to get it right. I understand that I don't Page 46 lu~ult 22,~~? feel good in front of you because I never told you the right thing first. I was thinking that I was doing it. So it will be done before November. I will do it. MS. RAWSON: We don't have a schedule for 2009 yet, but my guess is that will be January 22nd, assuming that we are on the, you know, same Thursday. MR. KRAENBRING: That we don't float away? MS. RAWSON: Correct. CHAIRMAN LEFEBVRE: All right, the next one will be BCC versus Ascention, Inc. MS. MARKU: This is in reference to Code Enforcement Board Case No. 2007100552. F or the record, the respondent is present. On March 27th, 2008, the Code Enforcement Board issued a finding of fact, conclusion oflaw, and an order was issued in OR4347, Page 0573. As of August 14th, 2008, the respondent has complied with the Code Enforcement Board orders. At this time the county is requesting to issue an order imposing lien in the amount of$7,500 for fines at a rate of$150 a day for the period between April 27th, 2008 to May 6th, 2008, 10 days, for a total of$I,500. Fines at a rate of$150 per day for the period between July 6th, 2008 and August 14th, 2008 for the total of $5, 100. Operational costs of $404.16 have been paid. (At which time, Mohan Raj, Fydil Hassad and Supervisor Snow were duly sworn.) . MS. MARKU: The county has a correction to make. Under order item number two and order item number four, fines should be at a rate of$150 for 40 days for $6,000. MS. RAWSON: So the total is 7,500? MS. MARKU: Yes. CHAIRMAN LEFEBVRE: Would you like to start? Page 47 16 I 183 August 22, 2008 MR. SNOW: Sir, and members of the board, we're here for-- obviously for imposition of fines. I will say, the county feels that the respondents have been very diligent in trying to get the sign permitted. Initially, just to refresh your memory a little bit, I investigated this property on a complaint. He already had the sign erected. He paid a large amount of money to have the sign done. The gentleman who did the sign never got the sign permitted. Couldn't find the gentleman, he goes out of business. I come on the property, I talk to Mr. Raj, he said no, it's permitted. And the same '01 story we always hear. He had to get another guy to do the sign. He had to resubmit. He had to pay them to bring it up. There were some things wrong with the sign. They needed some engineered drawings. So he had to pay twice for the sign. They attempted to get permits. There were a little few holdups on permits. Again, he was a few days late. The sign is in fact C.O.'d now, the violation is abated. As far as any fines or adjustment of fines, the county yields to the board's discretion on this, but they have been diligent in trying to get the sign done. MR. RAJ: We basically agree with what the officer said, and hopefully at the discretion of the board, you can reduce the fine a certain amount that we can handle. MR. KRAENBRING: I make a motion that we abate the fine. MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. Page 48 16 I 183 August 22, 2008 MR. KAUFMAN: Aye. MR. RAJ: Thank you, sir. CHAIRMAN LEFEBVRE: On the consent agenda, we already took care of the motion for imposition of fines. That's all set. Request to forward cases to the county attorney's office. MS. MARKU: We have none. MR. KRAENBRING: We have none. CHAIRMAN LEFEBVRE: Any reports? MS. MARKU: The county has none. CHAIRMAN LEFEBVRE: Comments? MR. PONTE: I have a question under comments. Just curiosity on my part. I've noticed that the operational costs that are being imposed have been reduced substantially. They were in the area of$80, $90. Before it used to be $100, $200, $300. CHAIRMAN LEFEBVRE: $500. MR. PONTE: So what new efficiency has been now in operation that has resulted in such a reduction in the cost of operation? MS. WALDRON: There has been a recent circuit court case that has ruled in the favor that we can't justify the charging for investigators' time on cases. So we have taken that cost out of our operational cost, and it's just hard costs now for filing and paperwork and things like that, mailings. MR. PONTE: Thank you very much. CHAIRMAN LEFEBVRE: And the case numbers have changed too. You see some of them are CELU2008. MS. WALDRON: That's due to our new computer system we have. It's assigning a prefix number according to what case type it is. CHAIRMAN LEFEBVRE: The -- under comments, we also have a workshop, correct? MS. WALDRON: Yes. And I will be sending everyone an e-mail with the details on that. It should be in September. Second Page 49 }u&sl22, 10~8? week of September, I believe. But I will send out an e-mail and an agenda. MR. PONTE: Do you have a couple of suggested dates for this at this point? MS. WALDRON: I do. I don't have them with me right now. I believe it was the 11th or 12th of September. Do you remember? CHAIRMAN LEFEBVRE: I think it was the 12th. MS. WALDRON: The 12th? From 10:30 to 12:00 or 1:30 to 3:00. MR. PONTE: Thank you. CHAIRMAN LEFEBVRE: Next meeting will be September 25th, 2008. And do I hear a motion to adjourn? MR. DEAN: Motion to adjourn. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. Page 50 16 I 183 August 22, 2008 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:18 a.m. TBOARD These minutes approved by the board on presented or as corrected as Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 51 Fiala Halas Henning Coyle COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M.~ BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORlDA: AGENDA Revised 6/ 184 , 2008, IN THE BUILDING, COUNTY NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. cud'" of,;ouoIY COITU,,;..;ooer. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE A V AILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. RECEIVED SEP 3 0 2008 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO. AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - AUGUST 21,2008, REGULAR MEETING 6. BCC REPORT- RECAPS - SEPTEMBER 9-10,2008, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. Petition: CU-2007-AR-12357, First Congregational Chnrch of Naples, represented by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., requesting a Conditional Use to permit The First Congregational Church of Naples to construct a 300 seat facility. This site is zoned Estates (E) and is located within the Estates Designation on the Future Land Use Map of Collier County Growth Management Plan. Pursuant to Section 2.04.03 of the Land Development Code, churches and places of worship are permitted conditional uses in the E, Estate zoning district. Currently the property is utilized as a single family residence. The subject property is 2.6 +/- acres located at 6225 Autumn Oaks Lane, Section 29, Township 48 South, Range 26 East, Collier County. Florida. (Coordinator: Melissa Zone) B. Petition: NUA-2007-AR-12575, Hitching Post Co-op, Inc., represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a non-confonning use alteration approval, to enable unit owners to replace existing non-conforming structures, in conformance with the Fire Code and so as not to increase the existing non-conformities. The subject 44.46 r acre property is located in the Hitching Post Co-op subdivision, along the west side of Barefoot Williams Road, approximately 200 feet south of the intersection of Barefoot Williams Road aod Tamiami Trail East, in Sectmc1to1ieS/nship 50 S uth, Range 26 East, Collier County, Florida. (Coordinator: Nancy Gundlach, AICP) \ 0 d--8 Oate: \tem#J~ T. L \ ~+- 1 "" ~ t<) 161 IBif 9. ADVERTISED PUBLIC HEARINGS A. Petition: PUDZ-2007-AR-12097, The Covenant Presbyterian Church of Naples, Iuc. and Mission Possible Ministries, Inc., represented by Michael R. Fernandez, AICP of Planning Development, Inc., are requesting a rezone from the Residential Single-family (RSF-I) Zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District for a project to be known as Heavenly CFPUD, which would memorialize the existing church uses and would permit redevelopment consistent with a master site plan to a maximum of 100.000 square feet of houses of worship, children and adult day cares, a Pre-K through 3" grade school, and various accessory uses; and an additional 20,000 square feet of children and adult day cares, Pre-K through 3" grade school and accessory uses contingent upon Conditional Use approval. The 15.93-acre subject property is located at 6926 Traii Boulevard, and comprises the entire block bounded by Ridge Drive, West Street. Myrtle Road and Trail Boulevard in Section 3, Township 49, Range 25 East of Collier County, Florida. (Coordinator: John-David Moss, AICP) CONTfNUED TO 10/16108 B. Petition: SV-2008-AR-I3374, Naples Grande Beach Resort, represented by Hunter Hansen, requesting seven variances. The first six Variances are from the Land Development Code (LDC) Section 5.06.04 c.!., which requires a minimum separation of 1,000 lineal feet between signs, to allow a sign separation of 66 :!:: teet, 40clc feet, 156c1c feet, 66c1c feet.7IcIc feet, and 96c1c feet. The seventh Variance is from LDC Section 5.06.04 c.l., which permits a maximwn of two pole signs per street frontage, to pennit a maximum of four signs along a street frontage. The subject property is located at 475 Seagate Drive, in Section 9, Township 49, Range 25. Collier County, Florida. (Coordinator: John-David Moss, AICP) C. Petition: CU-2007-AR-12619, K.O_V.A.C Enterprises, LLC, represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a Conditional Use for a refuse system in the Industrial (I) zoning district, as specified per the Collier County Land Development Code (LDC) Subsection 2.03.04.c.16. The +/- 3.73- acre subject property is located at 1995 Elsa Street, Section II, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: John-David Moss, AICP) CONTINUED TO 10116/08 10. OLD BUSINESS II. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 10/2108 eepe AgendaIRB/sp 2 16 lIB tv August 7, 2008 RECEIVED SEP 2 4 2008 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida August 7, 2008 Fiala Halas Henning ---- .~ Coyle Coletta 8oan; 01 County Commissioners LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Lindy Adelstein Donna Reed-Caron Tor Kolflat Paul Midney Bob Murray Brad Schiffer Robert Vigliotti David J. Wolfley ALSO PRESENT: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CDES Administrator Ray Bellows, Zoning & Land Development Review Thomas Eastman, Dir. Real Property, CCSD Misc. Carres: Date: item # Page 1 C 'Joles to 16 i 1 Bf August 7, 2008 CHAIRMAN STRAIN: Good morning, everyone. Welcome to the August 7th meeting of the Collier County Planning Commission. If you'll please rise for Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: If! pause sometimes before the pledge starts, it's so Brad -- we're not pledging Brad's back. He has to walk over to the side first. So I just thought I'd let you know. Item #2 ROLL CALL BY SECRETARY Roll call by the secretary, please. COMMISSIONER CARON: Mr. Kolflat? COMMISSIONER KOLFLA T: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Midney? COMMISSIONER MIDNEY: Here. COMMISSIONER CARON: Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRA Y: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: And Mr. Wolfley? COMMISSIONER WOLFLEY: Here. COMMISSIONER CARON: 100 percent. CHAIRMAN STRAIN: Great, thank you. Item #3 ADDENDA TO THE AGENDA CHAIRMAN STRAIN: Addenda to the agenda. For everybody in the audience who is here for Item 9(C), it's the Naples Baptist Church, Inc. on 2 I 40 Moulder Drive. That petition is being requested to be continued to August 21st. So if you're here for that one today, it will not be heard today, it will be heard on August 21 st. The other item on the agenda -- or that's not on the agenda but for discussion is our next meeting is August 13th. I need to know if we have a quorum. And it would be in the evening starting at 5:05 in these chambers. It was a continuation from the last LDC meeting. Our packet for that should have been either submitted -- we already have our packet and staff was going to let us know what items in the packet we're going to hear that evening. I haven't seen that information yet. But we do already -- the mess of the materials has already been distributed. Ray? Page 2 16, 181} August 7,2008 MR. BELLOWS: I can have Catherine send that to you. CHAIRMAN STRAIN: Would you, please. And you might want to caution her not to send us or bring any more changes to the packet based on last meeting. If she has a change, that item gets pulled and it goes for a IS-day notice. So we just need to make -- keep aware of that as we set the-- MR. BELLOWS: Yeah, we're going to stick to the IS-day time limit. CHAIRMAN STRAIN: Thank you. Item #4 PLANNING COMMISSION ABSENCES CHAIRMAN STRAIN: As far as the planning commission, does anybody here know they will not make it that evening? COMMISSIONER MIDNEY: (Indicating). COMMISSIONER ADELSTEIN: I won't. CHAIRMAN STRAIN: Mr. Midney and Mr. Adelstein. Okay, with that, we have a quorum. Thank you. Is there a motion to approve the agenda with the exception that we will continue 9(C) to 8/21? COMMISSIONER WOLFLEY: So moved. COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Mr. Wolfley made the motion, Mr. Murray seconded. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: I'd like to caution staff, on that particular item this board needs to have the missing paperwork well in advance of the item being heard so we can review it ourselves. So, you know, let's not wait till the day before, two days before, and we need to have it in a timely manner. Thank you. Item #5 APPROVAL OF MINUTES - JUNE 27, 2008, REGULAR MEETING CHAIRMAN STRAIN: Approval of minutes. June 27th, regular meeting. Has everybody Page 3 161 18t!' August 7,2008 reviewed those? Are there any comments? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion to approve? COMMISSIONER VIGLIOTTI: So moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Mr. Vigliotti made the motion, Mr. Adelstein seconded. All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. All opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9-0. Item #6 BCC REPORTS - RECAPS CHAIRMAN STRAIN: BCC report, not available at this time. Item #7 CHAIRMAN'S REPORT CHAIRMAN STRAIN: introduce it. Chairman's report. I have something but I'll wait till new business to Item #8A PETITION: BD-2008-AR-I2802, VANDERBILT SURF COLONY RECREATIONAL AND MAINTENANCE ASSOCIATION, INC. CHAIRMAN STRAIN: Consent agenda items. We have two of them. First one is Vanderbilt Surf Colony Recreational and Maintenance Association. Ms. Caron? COMMISSIONER CARON: Yes. That petition, on A, I believe that I mentioned to Ashley at our last meeting when we did not hear this on consent that it was stated in the hearing that dock number one would not need an extension, it is 20 feet. If it got the 25 feet, it would be out into the channel. So I think that was what Mr. Scofield had stated on the record. And so the consent needs to be changed so that its items -- boat docks two through seven get the five-foot extension. Page 4 161 IBt August 7, 2008 CHAIRMAN STRAIN: Okay, I thought that was the reason that we ended up continuing the decision on this one is to get that issue resolved. Has it been resolved from staff's perspective? MR. WRIGHT: Commissioners, good morning, Jeff Wright for the record, Assistant County Attorney. I did review the record after hearing this concern. And going back to the record, it's very clear that Commissioner Caron expressed a concern about the length of that particular dock, at the entrance. And I have a passage from the record I'd like to read that's going to lead me to the conclusion that I have. CHAIRMAN STRAIN: Sure, go right ahead. MR. WRIGHT: Okay. This is -- as part of the motion to approve, Commissioner Caron said, I'm most concerned about the length of the docks with the boats in the throat there. There's barely 100 feet and their neighborhoods to the south have only 20 feet. There's no reason that the boats in the throat couldn't be limited to 20 feet. And the motion maker, Commissioner Vigliotti, said, but they fall within that 25 percent, correct? And Chairman Strain said, right. And Commissioner Caron responded, they do fall within that 25 percent, yes. And that's in the transcript. And after that discussion the commission moved on to discussion of seawall and draft. So based on my review, even though there was a discussion, when I looked at the application, the statements, exhibits and discussion on the record and the motion to approve the application without a stipulation with respect to slip number one, my conclusion is that slip number one did get a five-foot extension like the rest of them. COMMISSIONER CARON: I believe -- CHAIRMAN STRAIN: Go ahead. COMMISSIONER CARON: Excuse me, I believe that if you had looked at the discussion portion, it was Mr. Scofield who said that that dock was only going to be 20 feet. MR. WRIGHT: I know exactly where you're talking about. It's on Page 18 of the transcript. And in that exchange Commissioner Murray said, the last boat there, before you get out into the area there on the east, what size boat do you anticipate having there? And Mr. Scofield said, that would be a maximum of a 20- foot boat overall length. So somebody with an 18- foot boat with an outboard or somewhere in there, that is the dock that's pretty much restricted to what they can have there. There are some owners with small boats. And Commissioner Murray responded, and if they extend out past that red line that you had on that other drawing, which was a 25-foot line, does that mean that they're in violation? And Mr. Scofield said, yes, that's correct. So that was the one exchange that I think may have led to the confusion that there may have been a limitation on that. COMMISSIONER CARON: I don't think there was any confusion, I think it was pretty clear that Mr. Scofield said that that dock could only get to 20 feet. MR. WRIGHT: And that's -- CHAIRMAN STRAIN: Mr. Klatzkow? COMMISSIONER CARON: And that I don't think it needed to be part of the motion. MR. KLATZKOW: Ijust think what Mr. Wright's getting is clarification of the record. If you want to make a motion here and now that the intent of the planning commission was to exclude this dock from the variance, I think we're done. CHAIRMAN STRAIN: Well, before we could go that far, now we're changing an issue that-- we're not changing, we're clarifying an -- Page 5 161 IBLt August 7, 2008 MR. KLATZKOW: Clarifying. CHAIRMAN STRAIN: -- issue that may be in conflict with what the applicant believes. And the applicant's not here today. Is that a right thing to do? Oh, they are. Okay. I didn't see Rocky. Because I'd certainly like to make sure that we're not going against something we previously didn't clarify to a manner that we don't need to have it reheard again, is all I'm trying to clarify. Ms. Caron, and Mr. Schiffer. COMMISSIONER CARON: Right. And I'm glad to see Mr. Scofield here as well because I'm not trying to put words in his mouth. It was a discussion that we had. And you can clearly see by his drawing that it would not be possible to extend that dock out without bringing it out into the channel. It's sitting there at 20 feet right now. And that's what he stated on the record that it would have to be, because of where it's located. So, you know, I don't see any -- and I'd certainly like to hear from him. CHAIRMAN STRAIN: Well, I don't have a problem with that. Mr. Scofield, could you address the issue, please? Yeah, you'll have to be sworn in, I'm sorry. (Speaker was duly sworn.) MR. SCOFIELD: Okay, I've been talking with Jeff a lot about this. And when you look at the numbers there -- I think the whole thing in this discussion is that boats do not extend out into the Vanderbilt Waterway. If you want to put that in the resolution, I think that's fine. I think it -- it was approved by this commission. All these first seven docks have a 20 -- have a five-foot extension. Does it work out there mathematically? Probably not. When you field adjust things, I don't want a boat sticking out 20 feet, three inches and be in violation and not extend into Vanderbilt Waterway. So I think you can take care of this if you say boats cannot extend into Vanderbilt Waterway, and leave the resolution passed as is, and just as an addition. COMMISSIONER CARON: Adding that as a stipulation is more -- works for me. My issue is not having the boats extend out into the channel. MR. SCOFIELD: That's fine. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Mr. Klatzkow, do we need a motion to do that or is the clarification on record today to the decision that was made at the last meeting or the meeting on which this was discussed enough? MR. KLATZKOW: Let's have a motion on it. CHAIRMAN STRAIN: Okay. So we have a consent agenda item, Vanderbilt Surf Colony Recreational Maintenance. There's been an additional agreed-to stipulation by the applicant that the docks will not extend out into the Vanderbilt Waterway. Is there a motion to recommend approval for that? COMMISSIONER MURRAY: So moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Mr. Murray, seconded by Commissioner Adelstein. Is there any further discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. Page 6 161 18tt August 7,2008 COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. All those opposed? (No response.) COMMISSIONER CARON: Motion carries 9-0. Thank you. MR. KLATZKOW: Mr. Chairman, do you want this brought back again or not? CHAIRMAN STRAIN: No, no, please, spare us. Item #8B PETITION: PUDZ-2006-AR-l0875, TAMIAMI CROSSING CPUD CHAIRMAN STRAIN: Next consent agenda item is the Tamiami Crossings CPUD. In the discussion that we had there was a concern over one of the items that we had stipulated involving the request for the deviation involving the parking. Staff had originally included the deviation only for the master plan Exhibit A that was originally submitted. When the alternative master plan came in, staff wanted to limit the deviation to just the original master plan and not have it apply to both. If! recall correctly, the applicant said it really should apply to both and entered testimony to that effect. I believe that the staff then agreed to that. And I'd have to double check to be sure. And then there was some errors in the way the references to the paragraphs in that same deviation were listed. Some were E.1.2 or 0.1.3, and they should have all been consistent with the document. We had made a motion to clean up the 50 percent language and then to fix those errors. Apparently at the time we made that motion staff thought they were clear on what we meant by that. But in trying to write it up, as you can see by a memo in the file, it isn't clear. And they're looking for clarification. I believe what I just reiterated is the clarification, but I certainly can stand to be corrected if someone remembers it differently. I'm just going by what minor notes I made that day. Does anybody else have any comment on it? (No response.) CHAIRMAN STRAIN: Okay. Well, then I think what the clarification is from my understanding by cleaning up the 50 percent language means that it isn't subject to just the individual master plan, it would be subject to both of them, and that was the clarification that was needed. With that in mind, if there's no other comment, then I'd like to have a motion to accept the item on the consent. Mr. Klatzkow? MR. KLA TZKOW: Mr. Bellows, is staff clear now as to what the planning commission wants on this? MR. BELLOWS: Yes, I believe so. CHAIRMAN STRAIN: Okay. Is there a motion to recommend approval for this on the consent agenda? COMMISSIONER MURRAY: So moved. COMMISSIONER ADELSTEIN: So moved. Page 7 16 r 184 August 7, 2008 CHAIRMAN STRAIN: Mr. Murray, seconded by Commissioner Adelstein. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) COMMISSIONER CARON: Motion carries 9-0. Cherie', I bet I'm talking too fast already, huh? This housekeeping stuff, I try to get through it, you know. Thank you. Okay, let's move into the regular items on the agenda. Item #9 A PETITION: BD-2006-AR-906I, MONTE CARLO CLUB CONDOMINIUM ASSOCIATION CHAIRMAN STRAIN: The rust one is advertised public hearing, is 9(A). And it's Petition BD-2006-AR-906 I, the Monte Carlo Club Condominium Association, which is up on Gulf Shore Drive at Baker-Carroll Point Subdivision. Dock extension. All those wishing to testify on behalf of this petition, please rise to be sworn in by the court reporter. Anybody intends to speak on this, please rise so the court reporter can swear you in. (Speakers were duly sworn.) CHAIRMAN STRAIN: Are there disclosures on the part of the planning commission? (No response.) CHAIRMAN STRAIN: I have --like all of us, I think we've received e-mails, they came in our packet. But I did talk to Mr. Scofield resolving (sic) a question about, I think, the surveyors. And I'm sure it will -- I'll have the question back up here again today. So other than that, we'll move forward with presentation by the applicant. MR. KURTH: Good morning. For the record, Quin Kurth, Turrell & Associates, representing the Monte Carlo Club. If! may, I'd like to pass out some exhibits. This morning we're requesting a IS-foot extension from the allowed 20 feet for a total protrusion of 35 feet from the mean water high line, which is located on the seawall. This extension is needed to facilitate the mooring of 20 additional vessels, for a total of 34 vessels. We do meet the Manatee Protection Plan, marina siting criteria, and we have a moderate ranking, which allows 10 slips per 100 feet of shoreline. That allows us 70 total vessels. However, as mentioned Page 8 "! l. lIB 1 n I ,L .~ v 'f August 7, 2008 before, we are only proposing 34. We do not exceed 25 percent of the width of the waterway. We meet setbacks. The remaining navigable channel is 140 feet wide versus the 6O-foot navigable channel under Bluebill Bridge, as you can see on the exhibit. Therefore, we're not proposing to impact navigation. We have received state and federal permits to dredge in order to reduce our total protrusion. We are and do wish to include a three-foot draft restriction as requested in the Manatee Protection Plan. The wet slips are only to be utilized by Monte Carlo residents. And I believe that's it, unless you have any questions. CHAIRMAN STRAIN: Okay. Well, why don't we start with the questions. Ms. Caron? COMMISSIONER CARON: The existing 14 docks, what's the length of those? MR. KURTH: Those are 30 feet. There is a sovereign submerged land lease via the state that is out 40 feet. And if I may, I'd like to describe that a little bit. Right now the submerged land lease boundary is still at 40 feet; however, the state likes a five-foot clearance just for, you know, to prevent any future compliance issues. COMMISSIONER CARON: It looks like according to the permit that you have for those 14 docks that it's 10 feet out and then -- MR. KURTH: It does vary. Forty is the average. COMMISSIONER CARON: Well, the line that's sitting here-- MR. KURTH: Are you talking about the submerged land lease boundary or the protrusion? COMMISSIONER CARON: No, the boundary is 10 feet from your seawall. MR. KURTH: That is the property line. COMMISSIONER CARON: And those docks extend beyond that property line 20 feet-- MR. KURTH: Okay. COMMISSIONER CARON: -- for a total of30 feet. MR. KURTH: Okay. COMMISSIONER CARON: Okay, thank you. CHAIRMAN STRAIN: That's the existing docks you're talking about? COMMISSIONER CARON: That's the existing docks. MR. KURTH: Correct, the existing dock, and were originally permitted through the county, correct. CHAIRMAN STRAIN: Okay, while we're on that same question, in the same line with Ms. Caron's question then, if you have -- 10 feet of these docks exist on your own property, then; is that what you're saying? MR. KURTH: Correct. That's what the survey shows. CHAIRMAN STRAIN: Okay. So then you're got 20 feet for what should be on the waterway -- MR. KURTH: Though in reality -- CHAIRMAN STRAIN: -- then you want five more feet on top of that. So you're looking at a five-foot extension beyond the point of where a property line is measured from, but it's 15 feet beyond the seawall because you moved the seawall 10 feet in on the property that -- do you know why that would -- why would anybody give up 10 feet of their property -- MR. KURTH: I don't know. CHAIRMAN STRAIN: -- on that waterfront? MR. KURTH: I couldn't tell you. CHAIRMAN STRAIN: That's pretty odd. COMMISSIONER CARON: It's an old development. Page 9 161 lEer August 7, 2008 CHAIRMAN STRAIN: Okay. Any other questions on -- from the applicant at this time? (No response.) CHAIRMAN STRAIN: I might have a couple, so hang on a second. I think my questions will be of staff. Are you intending to install boat lifts here? MR. KURTH: They are optional, yes, sir. CHAIRMAN STRAIN: Okay. Yeah, my questions will be of staff. Thank you. Hearing no -- oh, Mr. -- COMMISSIONER CARON: Lifts and covers, it says. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: Yes, section three criteria, which is some of the secondary criteria three, indicates that the len6>1h of the vessel or vessels along the docks should not exceed 50 percent of the linear waterfront frontage. And this looks to me like it does exceed that. MR. KURTH: Correct. And I believe that is pertinent to single-family homes, not multi-family. COMMISSIONER KOLFLA T: But if it's applicable to single-family, what differs it from being applicable to multiple family? I mean, isn't the object to keep a little openness there and not to close everything in? MR. KURTH: Well, single-family you're allowed two vessels. Multi-family it's depending on the state, federal or local criteria. I mean, you have so many more units. COMMISSIONER KOLFLA T: Another question I had was can they release or rent these slips, the people that own them? MR. KURTH: The slips may be rented. However, they will be only utilized by residents of Monte Carlo. COMMISSIONER KOLFLAT: And they're the only ones that can rent it then? MR. KURTH: Yes, sir. COMMISSIONER KOLFLA T: Thank you. The other thing was, looking at your dredging drawing you're bringing the dredging all the way up to the seawall. And it goes down to minus four as far as the depth of it. MR. KURTH: Correct. Actually, the dredging -- it does start from the seawall, it goes down at a two-to-one slope to four feet, so it's not a straight four-foot dredge next to the seawall. But yes, we are dredging to the seawall as close as we can to prevent any further protrusion. COMMISSIONER KOLFLA T: But if you dredge there, wouldn't you be able to draw the boats all the way up to the seawall? MR. KURTH: Not necessarily. I believe we can with what we're doing now. That has been proposed in order to prevent any structural damage to the existing seawall. COMMISSIONER KOLFLA T: See, I don't see the justification of extending the pier when you could dredge it and you're going to dredge it up and draw the boats up to the seawall. Then you still would be within the 20-foot extension that is permitted. MR. KURTH: If I may, I'd like to present a cross-section drawing. As Mr. Kolflat had described, the dredging does start from the seawall. In order to prevent any structural damage to the seawall or have to replace that seawall -- and if! may start from there, in most cases if you replace a seawall most times people just put another seawall in front ofthat, which would actually increase the protrusion. So what we're doing is we're taking the dredging of a two-to-one slope and going to four feet. As you can see there's just a couple feet, maybe a few feet, I can measure it if you'd like, between the vessel and the seawall now. I don't think it would be that appropriate to put it right on the seawall just to prevent Page 10 161 18f August 7, 2008 any damage to the vessel or the seawall, so -- COMMISSIONER KOLFLAT: But you can see from the bow of the boat that's the shallowest draft on the boat and therefore it could go pull up toward the seawall. MR. KURTH: Correct. If we dredge four feet all the way to the seawall, yes, you may be able to pull in a couple more feet. But like I said, you don't want to put the bow of the boat on the seawall itself, just with waves and wind. COMMISSIONER KOLFLAT: That's the only questions I had, Mark. CHAIRMAN STRAIN: Thank you. Ms. Caron? COMMISSIONER CARON: Besides saying that I agree with Mr. Kolflat, I had another question here with regard to these are an older -- this is an older condominium and it's a real three-story building, as opposed to what we consider three-story buildings now. If you do lifts and boat covers on these, will you be blocking the view of those on the first floor, or is the slope -- I mean, I know that -- but it does slope upward slightly. MR. KURTH: That's a good question. It really depends on the boat, on how high they put the boat on the lift. Normally I would say no, you're looking at a three-foot increase in rise with the vessel. I don't think it's personally going to make that big of a difference. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Donna, in the ordinance for boat lift, it would be 12 and a half feet from the top of the seawall, which would be the first story. COMMISSIONER CARON: Yeah, that's why my question. MR. KURTH: I'm sorry, say that again, please? COMMISSIONER SCHIFFER: In the ordinance for the canopy, it can't be higher than 12 and a halffeet measured from the top of the seawall, which would totally block out the first floor. MR. KURTH: Correct. And I was speaking specifically towards boatlifts, I'm sorry. For the canopy, yes, that may cause an issue. And if you'd like, we can get amotion to exclude boat houses. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: I still have concerns about the density or the magnitude of boats in this area. Our primary criteria number one says whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length location upland use and zoning of the property. Well, looking at this petition, every part of that waterfront lineage is -- with a boat in it. In other words, it uses up 100 percent of the space. MR. KURTH: Yes, sir. COMMISSIONER KOLFLA T: So there leaves no latitude for what is appropriate. I mean, if it's going to -- you can block out the whole waterfront with boats, what's the purpose of this first criteria? MR. KURTH: If I might respond to your question, per the Manatee Protection Plan, like I said, we're allowed 70 vessels. We're only proposing 34. With the multi-family residence, I believe there's 98 units. With that we're trying to get as much as we can. We have dredged to prevent the total protrusion. Also, if I might add, with the state agency, we have completed a proprietary deed of conservation easement, which states that we're not allowed to propose any additional docks. COMMISSIONER KOLFLA T: Well, but this application will have 34 boat slips and there are 54 residential units there that subscribe to that. That's 60 percent of the residential units would have boats, supposedly. Now that compares to the rest of the Collier County which has 25,000 registered boats and say a population of 350,000 to six percent. Page 11 161 lBcf August 7, 2008 In other words, there's a substantial difference there between the density of boats in the living area, this area, than there is for the whole county. And that concerns me as far as this waterway becoming so congested that both from the observation impacts to other neighbors and other people in the area plus the usage ofthe water becomes a problem. CHAIRMAN STRAIN: Is that a -- did you have a question there or just making a statement? COMMISSIONER KOLFLA T: No, I think I made a statement. CHAIRMAN STRAIN: Okay. I just wanted to make sure we weren't expecting a response. COMMISSIONER KOLFLA T: I'd welcome a response, but it was a statement. MR. KURTH: And I agree. I think Vanderbilt Lagoon has got lots of boats. I don't -- as a consultant, it's tough for me, because I don't see too much more going on in Vanderbilt Lagoon. Fortunately for my applicant they do have 7 I 2 linear feet of shoreline, they do meet the Manatee Protection Plan. And as tough as the environmental permitting is with state and federal agencies, you go for as much as you can. CHAIRMAN STRAIN: Any other questions of the applicant at this time? (No response.) CHAIRMAN STRAIN: Okay, we'll hear from staff now. MR. KURTH: Thank you. CHAIRMAN STRAIN: Thank you. MS. CASERTA: Good morning. Ashley Caserta with the Department of Zoning. I've received five letters from neighboring property owners. Have you received them? COMMISSIONER MURRAY: Three. CHAIRMAN STRAIN: Two came in yesterday in the e-mail. MS. CASERTA: According to staff review, they meet all of the criteria that are applicable. And I'd like to answer any questions that you have. CHAIRMAN STRAIN: Questions of staff? COMMISSIONER SCHIFFER: I do, Mark. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Are the prior docks permitted? MS. CASERTA: The existing docks? COMMISSIONER SCHIFFER: Right. MS. CASERTA: Yes, they were approved by building permit. That was before the requirement for planning commission approval. And I've got a copy of that. COMMISSIONER SCHIFFER: And did they get an extension permit or-- MS. CASERTA: It wasn't required at that time. It was done by building permits, so they were approved out to 30 feet. COMMISSIONER SCHIFFER: And Ashley, the requirement for the code is 20 feet, correct? MS. CASERTA: Yes. COMMISSIONER SCHIFFER: So everybody is expecting to have a 20-foot dock. MS. CASERTA: Right. COMMISSIONER SCHIFFER: Why do you think we should give them the 10 feet, this additional dock, just because we can or -- and the concern I have is the criteria, is that, you know, back in 2006 when we added that to the LDC, prior to that it was just a staff method of coming up with what's an acceptable dock. And again, to my fellow commissioners, this was the problem expressed, that once we put it in in82006, the appearance is that it's a score card, we just check it off, correct? MS. CASERTA: Well, staff's job is to evaluate the petition according to the criteria and Page 12 161 18~ August 7, 2008 recommend approval or not. COMMISSIONER SCHIFFER: And the way you do that is with a scoring method of, you know, five of these and four of those, correct, of the criteria? Unfortunately it's been dragged into the code. But the impression is that we don't have to give them the thing. I mean, the code requires 20 feet. If there's a circumstance where they need to go further, then I think we can use that criteria to do it. The scoring part of it I think's a disaster. And I expressed it in 2006 and we're having a problem today. But anyway, is there any reason why they shouldn't have the code required 20 feet? MS. CASERTA: Well, it's -- staff doesn't have an opinion on whether or not they should get an extension. I think -- MR. BELLOWS: For the record, Ray Bellows. The projects that come in before us, the property owners have the right to request further extension for the boats that they feel they need and for the water depth available. It meets the criteria. Ashley's correctly noted that this petition is consistent. If the planning commission has other opinions of the consistency, please express them and we'll have the vote reflect that. COMMISSIONER SCHIFFER: But with the addition of the criteria as part of our mandate that we have to now keep score too, is the intent that we solely just run through the criteria, and if we agree with it and then we add up the score at the end then they're allowed it if we -- criteria, is that what we should be doing today? Jeff? MR. KLATZKOW: This isn't scoring. You review the criteria. If there's something about this criteria that you find particularly onerous to give it, then you say no. Ifthey meet all of the criteria, then they're entitled to it. If they do not meet all the criteria, they are not entitled to it. We don't keep score. It's not like it's 5-2 here or 4-3 there. COMMISSIONER SCHIFFER: Okay. But here it says it must be determined that at least four of the five. MR. KLATZKOW: Right, but it's at least. But you can say because of criteria one we don't believe we should grant this. COMMISSIONER SCHIFFER: Okay. So we can -- all right. MR. KLATZKOW: Yes. CHAIRMAN STRAIN: Ms. Caron -- I'm sorry, go ahead, Brad. COMMISSIONER SCHIFFER: Actually, one of the criteria -- let's just kind of run through to make sure. You stated that it needs this because there is that oyster bed area. It meets the criteria because the water's too shallow up against it. But then in that same paragraph you're noting that they're removing it. So do you agree that criteria two is still met? MS. CASERTA: Which one are you talking about? COMMISSIONER SCHIFFER: Criteria two. CHAIRMAN STRAIN: Primary or secondary, Brad? COMMISSIONER SCHIFFER: Yeah, let me -- it's a primary. CHAIRMAN STRAIN: It would be on Page 4. COMMISSIONER SCHIFFER: Some of these are like, they're just -- I mean, I really think we have to look at this section again. But do you agree with number two, that it's met? Because what you're stating is that it's too shallow because of the oyster bed, and then the end of that paragraph you're citing how they're removing the oyster bed. So don't you think it's not met? MS. CASERTA: Well, I think it has to do with the maximum length of35 feet as described in the Page 13 161 1Bf August 7, 2008 petitioner's application as well. A 35-foot boat would never fit in a 20-foot protrusion. COMMISSIONER SCHIFFER: Okay. So the hardship here is to try to get 35-foot boats. Okay, I'm done. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, actually I was just going to follow up with that, because they have a dredge permit so that negates first criteria number two. It also does the same for secondary criteria one and criteria number two on secondary. I mean, if the docks are only 20 feet in length, the same thing would apply, they would still have reasonable safe access. So, I mean, I think we're not looking at what's being proposed, I think we're checking off And so I guess it's definitely up to us to look and say that these criteria are not being met and there is no need for ~~~~~~~~nn~~~~~~~~~~~ I mean, extend them around, not out. CHAIRMAN STRAIN: Is there -- did you want to ask -- are you asking that as a question of -- a statement? Do you want a response to it from anybody? COMMISSIONER CARON: Well, I think Ashley has just said she's, you know-- MS. CASERTA: The one thing that I can say is in primary criteria number two, it reads whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as described in the petitioner's application. So I have to take into consideration what they are proposing and not have an opinion on what should be there. COMMISSIONER CARON: And I would just say that that might be true if there were no docks here at all. They have 14 docks with boats currently there that seem to be doing just fine. So there isn't a water depth problem. If the goal is just to bring bigger boats into the backwaters and into the lagoon, then I guess we should cite that as criteria, but I don't know that that's the point of the criteria. CHAIRMAN STRAIN: Anybody else? Mr. Schiffer? COMMISSIONER SCHIFFER: Just to follow up with Donna too is that he stated that the draft's going to be three feet. The section he showed us, they're going to dredge it to four. So the 35 feet has nothing to do with the boat they want to bring in, unless they want to bring in a large length boat. CHAIRMAN STRAIN: The only thing on that, I know from experience, that you've got to dredge at least a foot deeper than what you're trying to moor. I'm not trying to defend it or say it's right, I'm just telling you why they may have gone to four. If they're going to go to three-foot draft then they have to go to four feet to -- COMMISSIONER SCHIFFER: I understand that. CHAIRMAN STRAIN: Okay. Any other questions? Mr. Murray? COMMISSIONER MURRAY: No, a statement. I'm not taking issue necessarily, but just to say under criteria number two I read that as well, but I saw it as the dredging was not to reverse the issue or not to -- I don't see it as negating it, as was mentioned. I see it to help accommodate, and there's a safety issue, you're dealing with equipment. A vessel too close to the wall is not a good condition. So I didn't see it as absolutely negating it. So I don't take the same position. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I think, Mr. Murray, what's happened here is because the seawall has not been used for dockage right along, it's built up with oyster beds, and so that's the reason that they need Page 14 161 1Bt{- August 7, 2008 to dredge. It's not that there's not enough depth there, they have to get them out of there in order to -- or they'd be extending out even further. COMMISSIONER MURRAY: And I understand that. Just briefly a dialogue. I -- in relation to that, I wondered if this were approved after all is said and done and the docks are in there and even the lifts, I wonder how they would dredge the next time when all those beds fill in again. So that was going through my mind. But I think this is an interesting conversation. CHAIRMAN STRAIN: Mr. Midney and then Mr. Schiffer. COMMISSIONER MIDNEY: Yeah, just a comment. I noticed that one of the letters of objections talked about the congestion of the waterway and especially Wiggins Pass. And somebody that uses the park, I notice quite a bit of erosion along the banks because of just the heavy, constant traffic of boats going in and out. It doesn't seem as though this is the best idea. But according to the criteria we have here, that's irrelevant. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Hence the problem with what we did in 2006, I might add. But Ray, what is the reason we have a requirement for a 20-foot dock? I mean, the problem I have with these boat docks is I assume that the county says you can have a 20- foot dock. If in fact you have a water situation -- and we've done this before, there's been shallows and we've had to let these docks go out to get to the water where they could actually get a lift under it, we've gone along with that. But there is a requirement to 20 feet. The reason we give them the extension is because they can't even get the 20-footer, so we let them go out far enough to get 20 feet in deep enough water. But why do we have a 20-foot requirement? MR. BELLOWS: For the record, Ray Bellows. I've been with the county 20 years and it's been a 20-foot standard since that time. It was before I came here. COMMISSIONER SCHIFFER: Okay. And we just live with 20 feet then. That's what the law says you can have is a 20-foot dock, unless you have a depth problem. Okay, thank you. CHAIRMAN STRAIN: Any other questions of staff? (No response.) CHAIRMAN STRAIN: Ashley, I have one. Manatee Protection Plan. The area that this particular facility is in on the Manatee Protection Plan, Page 74, shows that it has adequate depth. And then we get into areas going through Turkey Bay that does not have adequate depth in Turkey Bay. Do you know what that means in regards to the maximum depth then that would be allowed typically for docks along here? MS. CASERTA: I can explain it as I understand it. But I had a conversation over e-mail with Quin and Susan Mason from Environmental Services yesterday. And as I understand it, that's why they're being restricted to the three-foot draft is because of water depth that's going out into the open waters. CHAIRMAN STRAIN: Okay. But does the determination of the Manatee Protection Plan on the number of boats you're allowed to have, is it based on the adequate depth of the immediate area you're in, or is it based on the depth that you need to get to in order to utilize your boat to the purpose intended, which is to the Gulf? Because those two different areas have absolutely different -- for use of -- lack of a better word, scoring within the Manatee Protection Plan. And I'm just wondering how one affects the other. MS. CASERTA: If it's okay with you, I'll refer to-- CHAIRMAN STRAIN: Sure. MS. CASERTA: -- Susan Mason, she's a little more knowledgeable. Page 15 16 J IBLf August 7, 2008 MS. MASON: Good morning. For the record, Susan Mason with Engineering and Environmental Services Department. The Manatee Protection Plan does require an evaluation of the water depth, adequate water depth from the property out to open water, whether it be some dredged navigable waterway or the Gulf. And that is part of the evaluation. This site does meet the standard of moderate, and u because it doesn't have adequate water depth all the way out. But it does not -- it also does not have a problem with manatee use. And the way that's judged is the number of manatee deaths in that area. And then also there's no impact to either mangroves or sea grass beds, any kind of marine habitat. So that's how they earned a moderate ranking. So what they've requested is well under what they're allowed. Moderate rankings allow 10 slips per] 00 feet of shoreline. So I think they're allowed up to 7 I boats u 712 feet of shoreline is what they have. CHAIRMAN STRAIN: Thank you, Ms. Mason. Ms. Caron? COMMISSIONER CARON: Yeah. Susan, didn't the county just get money from the federal government to look at water quality here in Vanderbilt Lagoon because of an overabundance of boats and poor water quality caused from both boating and runoff and probably multiple things? There obviously is no sea grass around here -- MS. MASON: Not in this immediate area. COMMISSIONER CARON: -- because of the water quality. MS. MASON: I don't know about any federal grants that may have been done. That section is now a different division and I'm not -- it used to be in my department, I was able to sort of hear about things that were going on. And I really don't know. I don't know if anyone else here does. COMMISSIONER SCHIFFER: Mark, I have a question. CHAIRMAN STRAIN: Let's see if we can get a response. Did you have a response to that question? MR. KURTH: Yeah, I think I might be able to answer your question. If! recall correctly, I believe that water quality was requested in order to permits -- to dredge the channel from Vanderbilt Lagoon out to Wiggins Pass to four feet. I know we have a survey from I think it's '04 -- go ahead. COMMISSIONER CARON: It's actually two different things. We actually got some additional funding to study water quality in the lagoon itself, having nothing to do with dredge permits for the pass itself. MR. KURTH: Okay, I thought that -- okay. COMMISSIONER CARON: It's two different. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Susan, my point's quick. To correct the math is that we have 712 feet of shoreline, so the answer is not 71, it's seven. One per] 00. MS. MASON: No, it's lO per 100 feet at moderate. It's one per 100 with -- COMMISSIONER SCHIFFER: Oh, okay, then I sit corrected. MS. MASON: u restrict -- I can't think of the opposite of the preferred. CHAIRMAN STRAIN: If it was one per 100, I think it would have not gotten quite this far today. With everybody that's been looking at this, it would have been pulled back a long time ago. Anybody else have any questions of staff? (No response.) CHAIRMAN STRAIN: Are there any public speakers, Ray? Page 16 161 IBtf August 7, 2008 MR. BELLOWS: Yes, we have three registered speakers. The first is Carol Wright, to be followed by Lew Schmidt. CHAIRMAN STRAIN: Okay. And when you come up to speak, please identify yourself and five minutes to speak, please. MS. WRIGHT: Carol Wright. And I'm going to relinquish my speaking time to Mr. Lew Schmidt. CHAIRMAN STRAIN: Thank you. MR. SCHMIDT: Good morning, Commissioners. I'm Lew Schmidt. I live at 405 Pine A venue in the Vanderbilt Beach area. I live on a finger street. I am also a member of the Vanderbilt Beach Residents Association board. There are a few of us in the area at this time of year. Unfortunately we don't have all of our board members here to come to you with a decision by the board. But I am here on behalf of myself and the board members that are here to express our concerns about a trend that we seem to be seeing in the Vanderbilt Beach area. And the trend is to bigger docks and bigger boats. And this is an example of the trend. We're not so much concerned about how far the dock goes out in the water, it's what size boat can you put on a 35-foot dock. And I think you all well know that a 35-foot dock can handle a 40-foot boat or more, depending upon where it's at and where it's configured. A 35 to 40-foot boat has a beam of 12 feet or more of width at the widest point. It has an operating draft of three-and-a-half to four feet. And I put emphasis on operating draft. The draft, the three- foot draft that you're seeing is a dry draft. A wet draft with fuel and water on board puts that boat further in the water. You also have a concern about the depth from the waterline to the bottom of the prop. The depth you're looking at is to the lowest point in the hull. Props often are lower than the hull depth. And that's particularly true of these new go fast boats that have 750 to 900-horsepower on the back ofthem. And you could put one of those on these docks. The problem is the channel. As you know, Water Turkey Bay is very restricted. It is narrow. It is posted as having three foot at mean low tide. But Florida Fish and Wildlife within the last year actually measured that and found that it was only 22 to 27 inches deep, not three feet. How do these big boats get up and down the channel? They have to hold themselves to the center of the channel and they must play the tide. And that's okay except what do little boats do that share this waterway with these big boats? They have to avoid them. They run a chance of being pushed out of the channel, they run a chance of being grounded. And it's all to accommodate boats that were never intended to be taken care of in our community. The reason for the 20- foot dock restriction is to control the size of the boats. You can get a 20 or 25-foot boat on a 20-foot dock, and you will hold your draft to two, two-and-a-halffeet, which works in that waterway. But the deeper draft does not. And we would ask you to consider what -- the dangers to navigation through that narrow channel, narrow and shallow channel. Could it be dredged? It could. Is it realistically (sic) to think that that channel can be dredged to more than three foot? I don't think so. Water Turkey Bay is very shallow in a very large body of water. Any channel you dig through there is going to silt in very rapidly and you're going to have the same or worse problem than what we have at Wiggins Pass trying to maintain that channel. We would urge you to hold the line on the current LDC permit of a maximum of a 20- foot boat dock length. That would give us comfort. And in the meantime, from this time on, we would urge you to support a study of that waterway to determine how many boats can share that waterway and what is the maximum size of the boats that can use Page 17 16 I 1 B~ August 7, 2008 that water safely, navigate it safely. And I thank you for your consideration and I'd be glad to answer any questions you may have. COMMISSIONER MURRAY: I have one. CHAIRMAN STRAIN: Mr. Kolflat, then Mr. Murray. COMMISSIONER KOLFLA T: Yes, are you -- you mentioned 35-foot boats would be docked here, could be docked at these piers. Are you aware that the state land lease agreement that they have allows them to put a 40-foot boat in there if they want? MR. SCHMIDT: That's the point, yes, they probably could. COMMISSIONER KOLFLA T: So really we're talking about the possibility of 40-foot long boats there rather than 35-foot long boats. MR. SCHMIDT: Exactly. And in fact, in the illustration, the illustration showed the boat going to the end of the dock. But as a matter of fact, the boat will extend out into the waterway an additional five feet, give or take, to allow for the engines and the hull itself. Thank you, that's correct. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Good morning, sir. MR. SCHMIDT: Good morning. COMMISSIONER MURRAY: I understand your enthusiasm. But you've said quite strongly that the reason that the dock is 20 feet is in order to restrict the size of the boat. You heard that staff was unable to say that with the certainty that you did. How is it that you know that, sir? MR. SCHMIDT: I'm relying upon some research that some of our board members have done, and couldn't be here. I think you know Bruce Burkhard and Susan Snyder. Neither of them could be here. And they are both very good researchers. And I get the impression from them that this is the reason for that length. And it makes good sense to me and I think you should stick to -- I would urge you to sustain that length until you can look into it more and make a study -- COMMISSIONER MURRAY: Well, I appreciate that. Ijust -- you said it with such certitude that I just wondered if you knew something that they didn't know. Thank you. MR. SCHMIDT: No, sir, I don't. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Sir, I have one. The crux of your comments seem to be on the size of the boat, thus related to the depth. They have a right -- they're here today only for one reason: For an extension. Basically the extension is five feet more than what comparable locations are like in that area. They don't have to be here if they were only to go to 20 feet. If they were to go to 20 feet, they could put in 70 boats. They could do that by going down to the building department and getting a building permit. Is that more preferable to your organization than 34 boats -- or actually, how many, there's nine or so many in place, the additional boats they're asking here today, is it more important for you to stop those additional boats to the number that they're talking about because of their length versus allowing 70 to go in unrestricted? MR. SCHMIDT: I will first answer your question directly, and then I would like to expand upon it. Our residents and members of the board have no objection to the 20-foot dock. We are concerned about the allowance under the Manatee Protection Act. But you have to be reasonable about this. They can have lOin 100 feet. But if you put 10 slips within 100 feet, the slips can only be 10 feet wide. Then you Page 18 16 1 1 B~ August 7, 2008 have to have pilings in there, and then there is no walkway to get from the shore to the boat. You can't practically put that many boats in that space. They might be able to get more than the 34 that they're asking for, but it certainly is not going to go to 70; they're prohibited by common sense and facts of measurement. They just won't fit. CHAIRMAN STRAIN: Okay, but if they were not to receive the extension today and they came back with an application and just got as many boats as they could fit in there, whether it be 50,40, 60, whatever, that is more preferable to your organization than the extension that they're asking for today? MR. SCHMIDT: I have to say that is correct. We're very concerned about the large boats and trying to share the waterway with very large boats. CHAIRMAN STRAIN: Thank you. MR. SCHMIDT: Thank you, sir. CHAIRMAN STRAIN: Under new business in this meeting, I have a letter from The Conservancy in a response to an issue that I brought up to them a month ago or two months ago involving loading capacity on waterways. They've agreed there is a problem. They would like to see something done and would help in any kind of study that's initiated. And I would hope that your organization, as well as Turrell & Associates and all the others, would want to participate in such a program so that we can have a count as to what the waterways can hold. And under new business I was going to discuss that possibility today. MR. SCHMIDT: I think we would absolutely support that endeavor and we would participate. CHAIRMAN STRAIN: Thank you, sir. COMMISSIONER SCHIFFER: Mark? And it's -- CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: n it's kind of what you were saying. Ashley, isn't the most they could have is 54? They can only have one per unit, correct? MS. CASERTA: Yes. Well, that's under the extension criterion. I would have to get back to you as far as how many they could actually have without an extension. COMMISSIONER SCHIFFER: And Mark, the 10 per 100, isn't that for a commercial establishment? CHAIRMAN STRAIN: I thought it was for a multi-family docking facility but -- or multi-slip docking facility. But I don't know if it differentiates, to be honest with you. MS. CASERTA: I'm sorry, I missed the question. COMMISSIONER SCHIFFER: The question is the 10 per 100, that's for a commercial facility, or MS. CASERTA: That's Manatee Protection Plan. COMMISSIONER SCHIFFER: Right. For commercial, right? MR. KURTH: That's for all the above. COMMISSIONER SCHIFFER: But there's 54 residential here, correct? MS. CASERTA: Yes. COMMISSIONER SCHIFFER: So if they left it only -- okay, so there would be 54 at the most at 20 feet. Thank you. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Ashley, the gentleman just got up and spoke and he's concerned about 40- foot boats. Can we put a 40- foot boat? What is the largest that can go in that? MS. CASERTA: That's what I wanted to put on the record. The extension is for 35 feet, and that's for the dock facility including boat. So nothing could protrude further than that 35-foot mark. That's the Page 19 16 J IBq-- August 7, 2008 edge of the boat, the motor, whatever is back there cannot protrude. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Ashley, how do we monitor that those boats do not protrude? CHAIRMAN STRAIN: Ashley, before you answer, since I have a lot of involvement with an issue like this, the DEP does the monitoring. They send inspectors out on a routine basis. They inspect very carefully. Not only do they inspect the length of the boats, they inspect every inch, lineal foot of every piece of wood that's placed out there and added at any time in the future. So -- and I know that tor a fact because I'm dealing with some issues in that regard already. They've been very I think overly conscientious sometimes, but maybe that's to the good. COMMISSIONER CARON: And Mr. Strain, they've been out there monitoring. And once they're done with this monitoring that you're going through now, when will they be back again to monitor? CHAIRMAN STRAIN: Next month. They come out every month. COMMISSIONER CARON: They're going to come out monthly? CHAIRMAN STRAIN: They have been doing that for 10 years. They've come out n COMMISSIONER CARON: Geez, it will be interesting to find out how often they come in Vanderbilt Lagoon. I guarantee it's not monthly, it's not yearly n CHAIRMAN STRAIN: From what I see in that aerial, I would hope they don't come out in Vanderbilt Lagoon too often, because some of those houses on the right side seem to have issues already that show up on the aerial that, I don't know, I would think maybe it's a good thing they don't. But anyway, go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Yeah, this points out that when the county established the 20-foot regulation -- and Commissioner Murray, you know, the fact that Ray doesn't remember it doesn't mean that it's not a good number, it means that it happened before Ray got here. That means that they really intended to have 20-foot boats, because it does limit the size of the boat. The extensions that we've favored in the past is where obviously the person couldn't get the boat up close to his house and we had to take that 20- foot boat and move it further out. So the extension was not to allow bigger boats, it was to allow that person the right, if it didn't violate our criteria, to have his 20- foot boat further out than 20 feet. MR. BELLOWS: For the record, Ray Bellows. I can put on the record that the LDC does not restrict boat size. So the boat dock extensions can and have been in the past used to allow for larger boats. There's nothing in the LDC that says the boat has to be 20 feet. COMMISSIONER SCHIFFER: Let's get through this hearing. But after this hearing, Mark, let's have a conversation about boat docks. CHAIRMAN STRAIN: Well, we're going to have a n under new business I have an issue involving this. And we need to get this one going forward. Mr. Kolflat, then Ms. Caron again. COMMISSIONER KOLFLA T: Yeah, I'd like to ask the attorney a question. As I understand it, they have a land lease agreement with the state here that allows them 40 feet as far as a boat they could dock there. Does the county ordinance negate that right that they have from the state? MR. KLA TZKOW: I wouldn't say it negates it, but we have a 20-foot limitation. We can be more restrictive. COMMISSIONER KOLFLAT: But we are limiting to 20 feet? MR. KLATZKOW: We limit to 20 feet unless they get an extension, which requires this board to approve it. COMMISSIONER KOLFLA T: And that would limit the boat extension length to 35 feet. Page 20 161 lS+ August 7, 2008 MR. KLATZKOW: Yes, that's what we're asking for here anyway. COMMISSIONER KOLFLAT: Even though the state allows them to go to 40 feet if they wish. MR. KLATZKOW: We can be more restrictive. COMMISSIONER KOLFLA T: Okay. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I just wanted to reiterate that most of the extensions that we have given have been for individual homeowners as well. It's very difficult to get these dredge permits. So for somebody with a water depth problem, individual residential home site would be very difficult. So the most cost effective way to go about it is to extend out as long as it doesn't interrupt the channel. CHAIRMAN STRAIN: Okay, any other questions before we go to the next public speaker? (No response.) CHAIRMAN STRAIN: Ray, would you call the next public speaker. MR. BELLOWS: Joe Connolly. MR. CONNOLLY: Mr. Schmidt covered everything that I would say. I yield. CHAIRMAN STRAIN: Mr. Connolly re -- yeah, isn't going to-- MR. BELLOWS: He has -- CHAIRMAN STRAIN: Withdrawn. MR. BELLOWS: Withdrawn his request. CHAIRMAN STRAIN: Thank you, sir. Anybodyelse? Ray, that's it? MR. BELLOWS: That's it. CHAIRMAN STRAIN: The applicant, you have an opportunity to say any closing comments, if you'd like. MR. KURTH: Thank you, and I'll be very brief. I just made a list in response to the public comments. Thirty-five protrusion includes the boat and the dock. This is what we're requesting today. This is going to be the total protrusions allowed, 35 feet. The submerged land lease is at 40 feet. It actually varies from 37 to 40 feet, and this is to prevent future compliance issues with the state. As Mark knows and I know, with three other projects in the immediate area compliance with DEP is not fun. It's nothing you want to get involved with. Today is 35 feet protrusion, that's what we're asking for. We do have a three-foot draft and that is to the bottom of the boat. If compliance were to go out there and check, it's three feet to the bottom of the boat, whether it's full of gas or it's empty. Ultimately we meet the criteria. I think we could request 40-foot boats today, but we're not. We have a lot of room in between the 25 percent width of waterway. We do meet the setbacks. If 54 is the upland units, then yes, 54 vessels would be the max we could have, if that's the number of upland units. And I believe that's it. As far as the submerged resources, the oysters along the seawall, it's just oyster debris, they're not live oysters. I have done -- completed a submerged resource survey and I have a drawing, if you would like to see it. That's it. Thank you. CHAIRMAN STRAIN: Thank you. Any other questions? Mr. Kolflat? COMMISSIONER KOLFLA T: I don't have a question, I'd like to have a motion. CHAIRMAN STRAIN: Well, we have to close the public hearing first. Hearing no other questions, we'll do that. Public hearing -- we'll close the public hearing and now Page 21 161 1St August 7,2008 we'll entertain a motion. Mr. Kolflat? COMMISSIONER KOLFLAT: Based on my judgment, I do not believe this petition meets primary criteria one nor primary criteria two, nor secondary criteria three, nor secondary criteria four, nor in concert with some of the opinions rendered by the neighbors here at this public hearing. Therefore, I move that we recommend to the county commission denial of this petition. COMMISSIONER CARON: Second. CHAIRMAN STRAIN: Okay, motion has been made by Mr. Kolflat, seconded by Ms. Caron. The motion needs discussion. Mr. Kolflat, you're citing primary criteria one and two. MR. KLATZKOW: This doesn't go to the Board of County Commissioners, this is your vote. CHAIRMAN STRAIN: That was going to be another item I was going to ask. It ends here, Mr. Kolflat. So when we get done we'll amend your motion to recommend either approval or denial. And it's this board that makes the decision. It only goes to the BCC upon appeal. COMMISSIONER KOLFLA T: I'm sorry, I misspoke. CHAIRMAN STRAIN: Right. But knowing that the appeal has occurred in the past, one thing the Board of County Commissioners has asked, and you did this, is for us to state specifically why we are denying it. And you got into those issues, and I want to make sure they're real clear, so that ifthere is an appeal to the BCC, they understand why this board took that position. Primary criteria one is the number of boat dock or facilities or boats such proposed is appropriate in relation to the waterfront length, location, upland use and zoning of the subject property. COMMISSIONER KOLFLA T: I do not believe it's appropriate. CHAIRMAN STRAIN: Okay. Primary two is talking about the water depth. And I think this was the one where they're dredging so the water depth is not an issue; is that where you're -- COMMISSIONER KOLFLA T: That's correct. The water is being dredged to begin with, so regardless of what boats they put in there they will have the depth necessary to use a 20- foot dock. CHAIRMAN STRAIN: Then you got into your secondary criteria, and I believe the numbers you cited are? Can you say those again? COMMISSIONER KOLFLA T: Well, it says the length of vessels or vessels -- vessel or vessels does not exceed 50 percent of the linear waterfront frontage. CHAIRMAN STRAIN: That's number three, right? COMMISSIONER KOLFLAT: Yes. And this does exceed 50 percent. CHAIRMAN STRAIN: But Mr. Kolflat, it very clearly says -- and I'd rather we catch this concern now rather than have the BCC point it out to us -- it says for single-family dock facilities. It doesn't say for this application. So do you have another secondary criteria that you're concerned with? Because I don't know if that one really applies like you may believe it does. COMMISSIONER KOLFLA T: Well, I think it applies, but I'll-- CHAIRMAN STRAIN: But no, well, then I'd like to understand your reasoning, because it says for single-family dock facilities. And I'm not criticizing you, I want to make sure we send the message that's consistent and clear based on the language in front of us. COMMISSIONER KOLFLA T: Well, I think the rationale for that is for open space, some open space when you have boats along the waterfront there. And therefore, the open space should still prevail and would be extended whether the upland use is single-family or whether it's marina or whatever it is. CHAIRMAN STRAIN: Okay. And it's your motion, so if you want to leave that one in there, that's fine. Is there another one in secondary criteria? Page 22 161 IBt.( August 7, 2008 COMMISSIONER KOLFLA T: Secondary four. CHAIRMAN STRAIN: Okay, the proposed facility would have a major impact on the waterfront view of neighboring property owners. COMMISSIONER KOLFLA T: I think that's been brought up by some -- the testimony today by the public speakers that neighbors would have to look at this, and plus the traffic of the waterways. CHAIRMAN STRAIN: Okay. Anything else, Mr. Koltlat, on the primary criteria? COMMISSIONER KOLFLAT: No. CHAIRMAN STRAIN: Okay. Mr. Schiffer? COMMISSIONER SCHIFFER: And Jeff, this is to you. You know, our 2006 where we've added the wording about the criteria, that's really only to approve it. I mean, do we need -- how do we disapprove a thing? Can we focus on one of the criteria and n MR. KLATZKOW: I think Chairman Strain's approach is the proper approach, that if you're going to be voting in the negative that you state your reasons for the record why you're voting in the negative and then take your vote. COMMISSIONER SCHIFFER: And the scoring system to approve conversely is the scoring system to disapprove? MR. KLATZKOW: You know, I don't really view this as a scoring system. COMMISSIONER SCHIFFER: Well, it's in there, I mean, it's -- MR. KLATZKOW: It's criteria that you're looking -- certain criteria. And from what I've heard from this planning commission's discussions is that you view the genera] rule in this county is 20 feet, then you want to see if there's a reason why you're not giving 20 feet here, such as lack of adequate depth of water. So now you're giving the reasons why you think they should not vary from the 20-foot mandatory requirement. COMMISSIONER SCHIFFER: All right, we'll save it for new business. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Yes. I will not be voting with the motion maker. I think we're here to decide whether this petition meets all the criteria required. We make the rules, we tell the petitioner what they must or must not do. They went through Army Corps, they went through DEP. In my opinion they've met all the criteria need be. Whether we like it or not or we think it's a great idea or not really doesn't factor in, in my opinion. I don't want to go off on tangents, as I said last time. I think we need to stick to what is presented to us, and I will not be voting with the motion maker. CHAIRMAN STRAIN: Ms. Caron, did you have something else you wanted to say? COMMISSIONER CARON: No, I'm fine right now. CHAIRMAN STRAIN: Okay, there's a motion made and it's been seconded. Needs a little bit of cleanup. The primary reasons that the motion maker has stipulated are numbers one and two and the secondary are three and four. And in the motion, he indicated recommend approval of the BCC. He needs to change the motion to I'm assuming recommend denial? Is that what you're saying, Mr. Kolflat? COMMISSIONER KOLFLA T: Yes. CHAIRMAN STRAIN: Is the second-- MR. KLATZKOW: Not recommend denial, to deny. CHAIRMAN STRAIN: Deny, I'm sorry. Yeah, to deny. COMMISSIONER CARON: To deny. CHAIRMAN STRAIN: And does the second concur? Page 23 16 I 18~ August 7, 2008 COMMISSIONER CARON: I do agree with the motion with the exception of secondary criteria number three. I would include secondary criteria one and two as being more appropriate than three. CHAIRMAN STRAIN: Well, the motion is for primary one and two, secondary three and four. So we either vote for the motion or we amend the motion or we have a new motion if there's any corrections needed. So I think if the second isn't going to vote for the motion and feels the criteria needs to change, we need to get that on the table. COMMISSIONER CARON: I'll ask the motion maker ifhe were willing to change his motion. COMMISSIONER KOLFLAT: Change his motion to what? COMMISSIONER CARON: Change the criteria stated in your motion. COMMISSIONER KOLFLA T: I recommended primary criteria one and two, secondary three and four. COMMISSIONER CARON: Agreed with one and two on primary. Three only applies to single-family residences, so it can't be used on this multi-slip facility. COMMISSIONER KOLFLAT: Well, I'll withdraw that one. COMMISSIONER CARON: So we probably should be looking at one, two and four, if you want to use four. COMMISSIONER KOLFLAT: I would agree with that, as amending the motion. CHAIRMAN STRAIN: Okay. So now the motion is for primary one and two, secondary one, two and four? And does the second agree to that? COMMISSIONER CARON: (Indicating.) CHAIRMAN STRAIN: Okay. Motion made and seconded for primary one and two, secondary one, two and four. Any further discussion? (No response.) CHAIRMAN STRAIN: I have some discussion. It's very short. I looked at these criteria, and when Mr. Klatzkow said something at the beginning of the meeting, it changed my position. I thought that if they met four out of six of the primary, then it was a given they had -- there was no way we could turn it down. But I think what you said in the beginning of the meeting, that we can turn down for not meeting anyone of the criteria. MR. KLATZKOW: Right. If you have a substantial reason to turn it down, you should turn it down. CHAIRMAN STRAIN: Okay. However, in reading the actual language of the code, I cannot concur with the motion maker's reasoning on primary one and secondary two and four. So based on that, I cannot support the motion as it's stated. Now, there is going to be a discussion under new business as to a loading of waterways. This is before that. Obviously this doesn't fall under any new criteria. So if that helps. But right now I can't support the motion maker, but only because they picked the wrong criteria that I feel isn't consistent with the reasoning of the code. So with that said, Mr. Midney? COMMISSIONER MIDNEY: Yeah, I'm also agreeing with you, I don't agree with all of his criteria, but I'm definitely agreeing with primary criteria two. Is it possible that we might have a new motion to deny based on different criteria? CHAIRMAN STRAIN: Well, we could ifthe first motion fails, yes. Mr. Schiffer? COMMISSIONER SCHIFFER: And this is again something we did in n MR. KLATZKOW: You guys, if you want, you could just make a motion to deny, then each of you Page 24 lu~u!t 7, 1~ 1 give the various reasons why you're denying it. CHAIRMAN STRAIN: Well, that would be much better, if the motion maker would accept that. Mr. Kolflat? COMMISSIONER KOLFLA T: Yes. CHAIRMAN STRAIN: Would you accept just making a motion to deny? The second then would confirm that, and then as we vote we can state our reasons why we agree or disagree with you. COMMISSIONER KOLFLA T: Certainly. CHAIRMAN STRAIN: Okay. So you're making a motion to deny? COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: Ms. Caron, do you second it? COMMISSIONER CARON: Yes. COMMISSIONER KOLFLA T: The reason I stipulated that was that we were instructed at our last meeting that if we were to make a motion of this nature, it would be helpful to, whether it was the County Commissioner or anyone else, to state exactly what we are basing our motion on. CHAIRMAN STRAIN: Right, I understand, sir-- COMMISSIONER KOLFLAT: In the past we haven't always done that. CHAIRMAN STRAIN: Right, and we've still got to do that. But Mr. Klatzkow gave us a really good way to handle it, because we each have different reasons. Now during the motion, either affirming your position, we can state what primary and secondary criteria we're concerned with. So there's been a motion made and seconded to deny. I think we've had a lot of discussion, so now I'm going to ask starting with Mr. Kolflat, working our way across for a vote yea or nay. And if it's a support of Mr. Kolflat's motion to deny, then I need you to state your primary and secondary reasons, if any. COMMISSIONER SCHIFFER: Mark, can I say something? CHAIRMAN STRAIN: Sure. COMMISSIONER SCHIFFER: And this is to Jeff. Jeff, we have criteria to approve a boat dock, and it lists things like, you know, the number that -- things like that. But the reason is we have a requirement for 20-feet docks in Collier County. So isn't the first test is, is there a need to extend this dock past the requirement of 20 feet? Why do we n I mean, it's going to be embarrassing to go through and come up with the criteria to approve, using it as a criteria to deny. Now I realize in the appeal they're going to go up before the commission and say look, we met all the criteria, why didn't they approve us. But that's not -- you know, we've messed the code up with this, but the code is to criteria to approve. And some of them are just, you know, adding up the numbers and stuff, it has nothing to do with really criteria. So can't we just deny this on the fact that there's no need for an extension? MR. KLA TZKOW: I think that can be one of your reasons, yes. But I do think you should, if you believe they are not consistent with either the primary or the secondary, also state those as well. CHAIRMAN STRAIN: And Brad, I think individually we can make our own minds up on how to say we want to deny it or not. I'm not going to go along with your reasoning at all, so I'm going to still say what I'm going to say. COMMISSIONER SCHIFFER: That's okay, Mark. But the point is that making the commission go through the criteria I don't think is fair. I think, you know, we have a requirement of 20 feet. A lot of people in the county honor that and build 20-foot docks. This isn't fair to them to just not let that be the criteria. Page 25 161 IBLf August 7, 2008 CHAIRMAN STRAIN: You don't have to list criteria. No one has to do that. COMMISSIONER SCHIFFER: Okay, good. CHAIRMAN STRAIN: The BCC asked us to be clear why we vote for denial. I'm just trying to make sure we're as clear as possible. If you feel there's a better way to do it, then by all means in a minute or two when you get to vote, express yourself the way you want to. COMMISSIONER SCHIFFER: Fire away. CHAIRMAN STRAIN: Mr. Kolflat, your reasons for denial. COMMISSIONER KOLFLA T: Do you want the criteria? CHAIRMAN STRAIN: Whatever you'd like, sir. COMMISSIONER KOLFLA T: Criteria primary one and two, secondary four. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I'm going to vote to deny. There's no reason to not build the county required 20- foot dock. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Deny because of primary criteria two and secondary criteria one. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Deny based on primary criteria two and secondary criteria one and two. Additionally, I think there is just no reason why the extension -- why there is a need for an extension past the required 20 feet. CHAIRMAN STRAIN: Okay, I'm going to recommend --I'm going to vote for support of the motion for denial for primary reasons two and three and secondary reason one. Mr. Adelstein? COMMISSIONER ADELSTEIN: I'm going to do it on primary one and two. CHAIRMAN STRAIN: Mr. Adelstein recommended denial as well-- or, yeah, support of the motion for denial. Mr. Murray? COMMISSIONER MURRAY: I'm going to vote to approve, not the motion, but approve the project. CHAIRMAN STRAIN: So you would be against the motion. COMMISSIONER MURRAY: That's correct. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I am also against the motion. CHAIRMAN STRAIN: Okay. Mr. Wolfley? COMMISSIONER WOLFLEY: I am against the motion. CHAIRMAN STRAIN: Okay, motion carries 6-3. Thank you all. And I think we have -- Cherie', how are you holding out? THE COURT REPORTER: Fine, thank you. Item #9B PETITION: CU-2007-AR-12419, ABC LIOUORS INC. CHAIRMAN STRAIN: Okay, with that said, we will go on to the next case, Petition CU-2007-AR-12419. It's a conditional use for ABC Liquors on the corner of951 and U.S. 41. All those wishing to speak on behalf of this petition, please rise to be sworn in by the court reporter. Page 26 16 I 1St} August 7, 2008 (Speakers were duly sworn.) CHAIRMAN STRAIN: Okay, are there testimony -- I'm sorry, disclosures on the part of the planning commission? COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I had a brief discussion by telephone with Mr. Y ovanovich. CHAIRMAN STRAIN: Anybody else? Ms. Caron? COMMISSIONER CARON: Same here. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: I had a conversation with Mr. Yovanovich, and we discussed the -- trying to think of what it was we discussed. I know it's going to be brought up here again today, but it certainly was the type of uses and how this affected the overall uses in C-3, I think setback issues between the -- buffering issues between the neighbor to the north. And the rest we'll hear under testimony today. Mr. Y ovanovich, it's all yours. MR. YOV ANOVICH: Good morning. For the record, Rich Y ovanovich, on behalf of the petitioner. With me today is Heidi Williams from Grady Minor & Associates, the professional planner on the project; Andres Correra -- Correa, I'm sorry, with n the professional engineer on the project with Grady Minor; Reed Jarvi, Vanasse and Daylor, regarding tratlic issues; Christina Stejskal from Boylan and Kim Schlachta from Boylan as well, if there are environmental issues. I'l1 do, as I usually do, a brief overview of the project, take you through the master plan. And if there's any specific questions, either I'll answer them or anybody else on the team can answer the questions. On the visualizer is an aerial showing you the location of the property. It's at the corner of Collier Boulevard and the East Tamiami Trail. As you can see on the very corner within the original project is CVS Pharmacy. Immediately to the north, you can see where the arrow is right now, that's the subject property where we're requesting the conditional use for the 12,000 square-foot building for ABC Liquors. Immediately to the north of that is a mini warehouse, self storage. And then as you look diagonally you can see kind of a curved road. That is the Falling Waters project. And further to the east on Tamiami Trail is additional commercial zoning. The property is currently zoned C-3. The code was changed a few years back to provide square foot limitations on certain uses as a matter of right, and anything beyond that would require a conditional use process. I'm going to put the master plan up next. A few years back -- basically in 2002 there was a similar petition to deal with the ST overlay. There was the CVS and what -- the subject parcel was going to be a restaurant. We were unable to attract a restaurant user on that site. So a couple of years ago we came through with a revision to that and we were going to put an Otlice Depot on the site, so we revised the ST permit and obtained a conditional use for the Otlice Depot, as your staff report indicates. The conditional use is about to expire for that use and Otlice Depot was no longer interested in the site. ABC Liquors has acquired the site and is requesting the conditional use for a 12,000 square-foot ABC Fine Wine and Spirits store on this location. So we're in to request the conditional use for that use. The application itself, however, was submitted to allow all of the conditional uses under the C-3 Page 27 16 1 1 B~ August 7, 2008 that exceeded the limitations within the C- 3 district. We have spoken to the client, and the client is agreeable and comfortable with limiting the conditional use to just the ABC n or the liquor store conditional use above the 5,000 square feet. And if those plans change, would come back n if they needed to get a conditional use or another use, they would come back. We had a neighborhood information meeting. At the neighborhood information meeting the primary concern raised by the neighbors was the desire not to have interconnection between this site, pedestrian interconnection between this site and the Falling Waters project that I pointed out on the location. There were some concerns raised about traffic impacts, and staff pointed out that the transportation department would be reviewing the application and be making appropriate recommendations. Since that time, the n there's been a developer contribution agreement in place to address traffic impacts at this corner and further east on U.S. 41. This ABC Liquors is a participant in that developer contribution agreement. So they know and we know that we cannot move forward until the developer contribution agreement conditions are met or there's an amendment to it that would allow ABC Liquors to go forward with the conditional use they're requesting. We have provided on the master plan -- I'm a little scared to see if I'm going to make too much noise -- interconnection between the parcels. This interconnection is already shown on the SOP for the CVS Pharmacy. This interconnection right here is not shown on their site development plan. So we would like to condition this interconnection upon CVS agreeing to that interconnection. They have raised some concerns about, you know, their drive-through and maybe that's not an appropriate interconnection point. But there is interconnection with the site, as you can see, as you're coming in either from U.S. 41 you can go through or pass CVS to the ABC Liquors and vice versa. If you're coming in on 951, you can go past ABC Liquors to CVS. So there's interconnection between the sites and it's already depicted on the SOP for CVS. This one we would like to have, but if it's a problem for CVS, we don't want to create any operational issues for them. So we would like that to be a conditional interconnection instead of a required and mandatory interconnection. Regarding compatibility, you should have the back-up information. If you need additional testimony on each of the specific criteria, Heidi can provide that additional testimony. We have not been provided any copies ofletters of objections or any objections from our neighbors. We thought the neighborhood information meeting went well. And again, the traffic issue and the interconnect issue are the issues that were raised, and we've agreed not to request any pedestrian interconnection. And we think the traffic issues have been resolved through the developer contribution agreement. That's a -- your staff is recommending approval. And we're requesting that the planning commission transmit this petition with a recommendation of approval to the Board of County Commissioners at their scheduled meeting for this petition. CHAIRMAN STRAIN: Thank you. Questions? Ms. Caron? COMMISSIONER CARON: Yeah, thank you, number one, for taking off the full range ofC-3. I wanted to ask you about the buffering which is against Falling Waters. Is that an enhanced buffer there? MR. YOV ANOVICH: We have agreed -- and when we were talking on the phone we actually agreed to the original 2002 buffering requirements, not the buffering requirements that were in the, I believe the 2005 petition, which were the same. So we are agreeing to the buffering conditions in the Page 28 16! 1St August 7, 2008 original ST overlay, including the plantings that were on that plan. I believe that is an enhanced planting plan, and I think Heidi can give you the details, if you need to, about how it's enhanced. COMMISSIONER CARON: Yeah, I just -- MR. YOV ANOVICH: She's got a better eye. She can read it. MS. WILLIAMS: Good morning. For the record, Heidi Williams, with Grady Minor. In your staffreport packet you've been given a copy of Resolution 02-422. Exhibit B contains the planting plan that we've committed to, and I'll place that on the visualizer for everyone to see. That may be a little difficult to read, but it is a commitment to additional planting. It is a combination of a buffering commitment and an environmental commitment for water management. We would obviously have a different floor plan there than is shown there, but the landscape planting along the property lines would be -- we are committing to the materials that are shown there. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Okay. Other questions? Mr. Schiffer? COMMISSIONER SCHIFFER: Rich, would you have a problem -- if you look at the site plan you showed as landscape around the building. But would you have a problem limiting public entrances to the northwest or the southwest side? I don't think it would be a good idea to -- on the southeast where you do have a lot of parking -- MR. YOV ANOVICH: Can I point? Because you know how well I do directions. Are you talking about over there? COMMISSIONER SCHIFFER: That's the northwest. MR. YOV ANOVICH: This is our front entrance to the building, so this is where people would be commg m. COMMISSIONER SCHIFFER: There's no -- the landscaping, where it's shown. But you'll limit it to that, the southeast side, which is where there's a lot of parking in the back. MR. YOV ANOVICH: Back here? COMMISSIONER SCHIFFER: That would not be a public entrance. MR. YOV ANOVICH: No, no public entrance is planned there. CHAIRMAN STRAIN: Any other questions? Mr. Kolflat? COMMISSIONER KOLFLA T: Yes. In your petition in 2005 for the previous one, which was submitted, the building shown for that Office Depot or whatever it was, something, a supply house, was farther to the back of the property away from Collier Boulevard. MR. YOV ANOVICH: It was. And it was a much larger building. And we located it there for a couple of reasons. The types of vehicles that would be delivering materials to Office Depot were basically semis, and we've agreed to no more than two-axle vehicles for deliveries here. So what we did is we moved the building further back so we could shield the deliveries with the building from the neighbors. And that was the reason we did it. Plus it was much bigger and you can actually see it better. This actually -- and Heidi can get into better detail. Moving the building a little closer to 951 is actually, one, increases visibility for the building, but I think it's also more consistent with the community character plan and the desires to allow for -- and Heidi will get into better detail on that one, but it's more in keeping with the community character plan. COMMISSIONER KOLFLAT: My concern is, looking at both of these buildings are very large boxes, call them the big box type of building. And the way you have it now, the frontage of those two Page 29 161 18+ August 7, 2008 boxes is perfectly in line. And I was concerned that when you drive along Collier Boulevard, that that gives you kind of a canyon effect with those two faces in line; whereas, the way it was proposed the last time around was farther back there was a break in that continuity. MR. YOV ANOVICH: If you go back to the original 2002, you would see they were in line at that time, too. It really became a factor again in 2005 regarding the deliveries and the desire to make sure we kept the noise level down from those semis. And that's the reason the building got pushed back. It wasn't for any particular purpose of the break and individualization as you're coming down 95 I. It was really a desire to keep the noise level down because of those bigger vehicles. COMMISSIONER KOLFLAT: Will the height of these two buildings be the same? MR. YOV ANOVICH: I don't know if they'll be identical. I believe the C-3 is a 35-foot zoned height limitation. I can't tell you there's going to be exactly the same on the height because I don't know what the CVS building height is. Do you, Heidi? So it will be obviously within the 35-foot zoned height limitation. COMMISSIONER KOLFLA T: Thank you, that's all. CHAIRMAN STRAIN: Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Well, I think the fact that you've decided to reduce the uses down to the one that you ask for, which is the liquor store, that took away most of my concerns. Because all my concerns stem from the uses that you were trying to get, not the one you are asking for. So I have some of staff, but I'll move to staff's presentation next. So thank you. And whoever staff's n making the presentation for staff? MS. ZONE: Good morning. Melissa Zone, Principal Planner with the Department of Zoning and Land Development. The subject site is a I. 79-acre parcel. And it is located on the northeast corner of Collier Boulevard and Tamiami Trail, which is U.S. 41. Comprehensive Planning Department reviewed this petition because it is within an activity center. It meets the criteria with the uses proposed, this being a conditional use because they're wanting to exceed the 5,000 square foot limitation. And with the agreements with the previous resolution, 02 -- let me get to that one. Resolution No. 02-422, to ensure that the compatibility within the surrounding neighborhood, staff is approving this conditional use. Forgive me for not being as thorough on this project, because I'm stepping in for the planner who was assigned to this. But I will try to answer any questions you do have for this. CHAIRMAN STRAIN: It's because of that reason I'm not going to ask you about the findings. MS. ZONE: I appreciate that. CHAIRMAN STRAIN: But Melissa, we're at 10:00. So now that you're finished with your presentation, before we start our questions, we'll take a IS-minute break and be back here at 10:15. And by the way, if anybody's waiting, it was my error, Item 9(E), which is an Ernest Freeman issue for the mobile home zoning district and village residential in Immokalee, that petition has been withdrawn. So if you're here for that one today, it will not be heard, it's been withdrawn. So thank you all, and see you at 10: 15. (Brief recess.) CHAIRMAN STRAIN: Okay, welcome back from the break everyone, and we'll continue with the wrapping up with the county staffs presentation. With that, Melissa? MS. ZONE: Thank you. Melissa Zone, Principal Planner with the Department of Zoning and Land Page 30 161 lStf' August 7, 2008 Development. It was brought to my attention, on Page 7 of the staff report, the Environmental Advisory Council did not review this petition, and though it says why it didn't review it, it says because no protected species were on-site or wetland impacts were identified on the site. Actually, there were wetland impacts, but the EAC had reviewed it at a previous EIC for the site when it first had to come in. The reason why they didn't have to review it this time around was because there were no additional impacts. And so just to correct that. CHAIRMAN STRAIN: Thank you for that clarification. MS. ZONE: And if you have any questions. CHAIRMAN STRAIN: Any questions of staft'? (No response.) CHAIRMAN STRAIN: Except for me. I have one. But Nick's not here. It's no fun to pick on him when he's not here. COMMISSIONER KOLFLA T: He's in the hall. COMMISSIONER MURRAY: If! could ask one question while you're waiting? CHAIRMAN STRAIN: Go right ahead, sir. COMMISSIONERMURRA Y: And mine is just to make sure the record is clear. On 9 of 10, and it's the -- for staff recommendations, the applicant must abide by -- that's number three, terms of the developer contribution agreement. Is that date the most recent date? MS. ZONE: Correct. And it's attached to this staff report. And it is -- I will tell you. They have it right after -- it's after Resolution No. 02-422. And it shows it after the site plans, you'll see a warranty deed. And then it has developers contribution a!,'1'eement. And this -- the developer is part of this agreement, and they are abiding to all of the contribution agreements. COMMISSIONER MURRAY: I appreciate it. What I was trying to get on the record was that the developer hasn't amended beyond that. That's the one we're working with. MS. ZONE: No. If the board is comfortable, we could put -- CHAIRMAN STRAIN: Melissa, Nick's behind you. My question is on the same angle. And I'm going to probably get the answer out of him that you're going try to answer right now, but I'll get it more in detail for the issue that he's working on, so if you let him have the mic, it just might work out real good. The consortium agreement -- Nick, how do you do today? MR. CASALANGUIDA: Good morning. For the record, Nick Casalanguida with transportation. CHAIRMAN STRAIN: In the Tamiami Crossings PUD we realized that that consortium agreement is going to be more likely changing in the future. The language that's here doesn't contemplate that. Mr. Murray focused on that. And we really need to get the language to make sure that it covers your conditions in the future. And I think in our discussion previously on the end we were going to add something to the effect that -- after the date to say, or as it may be amended. MR. CASALANGUIDA: That's correct, sir. CHAIRMAN STRAIN: Okay. So with that as an addition, what I want to also make sure is that no matter what comes out of that amendment they will not be able to move forward until they have concurrency on that intersection; is that correct? MR. CASALANGUIDA: That's correct, sir. The way the current DCA is written is that they get no certificates of occupancy, and to date no site plan has been submitted, so their deadline date, I believe, is October 31 st, the extension. And so there would be no approvals prior to that. So there's no way they would move forward until they have concurrency. Page 31 l~ulst 7JO~8 ~ CHAIRMAN STRAIN: Okay. That's all I needed at this time. Anybody else have any questions? (No response.) CHAIRMAN STRAIN: Hearing none, thank you, Nick. MR. CASALANGUIDA: You're welcome. CHAIRMAN STRAIN: Is there any public speakers, Ray? MR. BELLOWS: No speakers. CHAIRMAN STRAIN: Okay, is there any u MS. TROFINO: We wanted to speak-- CHAIRMAN STRAIN: Okay, but you can't speak from there. But you're more than welcome to come up to the mic and speak for five minutes, okay? MS. TROFINO: Thank you. CHAIRMAN STRAIN: Thank you. Is there -- both of you going to speak? Okay. That's fine. That's okay. These are confusing meetings at times. (Speaker was duly sworn.) MS. TROFINO: Thank you for allowing me to speak. CHAIRMAN STRAIN: That's what we're here for, ma'am. MS. TROFINO: My name is Diana Trofino and I'm the president of the Masters of Falling Waters Beach Resort. And we have just a few concerns. Our main concern is, first of all, I want to tell you, thank you for not having the interconnection with Falling Waters. That was one of our big concerns. We really do appreciate that. Number two, we're talking about the wall that you are going to be putting up. Presently they have a -- Muriel (phonetic) has an eight-foot wall. Will you be putting up an eight-foot wall that will concur with CHAIRMAN STRAIN: Ma'am, unfortunately the way these meetings have to work, you're going to have to direct your questions at us. And basically, if you have a question like that, we will then ask the applicant when you're done speaking to address your concerns. So that's how it needs to work, okay? MS. TROFINO: Yes. Our concern is about the wall, number one, about the wall b'ing put up. Right now they have an eight-foot wall up there, Muriel. And we wonder if they were going to concur with that and have the same eight-foot wall. And our other concern was on the back of the building for ABC, the lighting, are they going to have any form of bright lights that are going to interfere with our community, that's going to shine right on Falling Waters? That was a concern of ours. And the traffic impact, have they done a study, an impact study on the traffic? CHAIRMAN STRAIN: Yes, they did. But they're under a deal with the intersection, it's called a consortium agreement. And it does address the traffic. There's going to be massive improvements to that intersection. They will not be able to go forward if they don't reach what's called a concurrency. And that would involve improvements in the traffic to a point it can handle the traffic they generate. And that analysis won't come out until past this time, but that's part of our rules. So they will have to address that now. MS. TROFINO: Thank you very, very much. CHAIRMAN STRAIN: We will ask the applicant now of your concerns, and if there's something dissatisfied in the reaction that you hear, just let us know. Richard, the first one is the eight-foot wall that is already on part of the existing property. You're going to be continuing that to the corner? Page 32 }u~uJ 7, 2!0~ t MR. YOV ANOVICH: Yes, but they were going to do a berm and wall combination that I believe is eight feet. Could we just, in an abundance of caution, because I don't think it requires a deviation, but can we just make it a condition that we would do a berm/wall combination or whatever to get to the eight feet? We don't have an objection to doing it, Ijust want to make sure that I don't need to come back because we may have missed something through the process. And I think that was always our intent. I just want to make sure we're safe. CHAIRMAN STRAIN: So the way the stipulation would read, you'll continue the eight-foot wall as an eight-foot wall or either with a berm/wall combination. MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: And they'll continue that to the corner of the residential lot there. MR. YOV ANOVICH: Yes, ma'am -- sir. CHAIRMAN STRAIN: That's okay. My beard might confuse people. MR. YOV ANOVICH: It does. COMMISSIONER SCHIFFER: Mark, I have a question. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Her question really does -- was to continue the wall that is existing. Is that a berm/eight-foot wall situation? And the concern with the berm is if you made a four-foot berm, people could hop the wall and -- so why don't you just continue the existing -- MR. YOV ANOVICH: It's just a water management berm, Mr. Schiffer, so it's not going to be a four-foot berm. COMMISSIONER SCHIFFER: Okay. But could you not just continue exactly the existing wall so they have uniformity? MR. YOV ANOVICH: Well, again, you can -- I'm being told we can do that. CHAIRMAN STRAIN: So you're going to continue the eight-foot wall that's there; is that correct? MR. YOV ANOVICH: Okay, let's make sure we're -- I don't want anybody disappointed when we walk away from here. So are we talking about the exact same materials, the exact same color as what they have, or are we talking about an eight-foot wall that marries up to their eight-foot wall and is a continuous wall? COMMISSIONER SCHIFFER: What would be the problem with making it exactly the same so they don't see a change in wall? CHAIRMAN STRAIN: Does anybody know what the current wall n MR. YOV ANOVICH: I don't know what it is, that's why I would hate to agree to something that I don't know exactly what I'm agreeing to. We don't have a problem with an eight-foot wall, the typical walls we do, and doing that, which would continue the height so you wouldn't see any kind -- but I don't know the materials. Can you n CHAIRMAN STRAIN: How about if it was an eight-foot wall but not made of wood? MR. YOV ANOVICH: No problem. CHAIRMAN STRAIN: Because the last thing we want is a wood wall that's going to rot and deteriorate and cause maintenance. I think that would work for everybody -- MR. YOV ANOVICH: That's what I was thinking when we were talking about -- COMMISSIONER SCHIFFER: Looking at this photo, Rich, it's a CMU wall with a pilaster probably every 20 feet, so -- MR. YOV ANOVICH: It's just stuff we're typically doing. COMMISSIONER SCHIFFER: -- not to exceed that construction would be fine. CHAIRMAN STRAIN: Is there anything else, Mr. Schiffer? Page 33 1 ~uJust t2~0~ COMMISSIONER SCHIFFER: Well, the lighting I think's the -- CHAIRMAN STRAIN: We're going to get that next, but I want to hear their comment on the lighting. The lady mentioned that she wanted to make sure that you weren't going to put any bright lighting on the back of the building. MR. YOV ANOVICH: We'll meet code, and code will not allow it to -- CHAIRMAN STRAIN: Spill over-- MR. YOV ANOVICH: -- spill over onto their property. I mean, we're not asking for anything different from code. Plus there's -- what's the exact distance? CHAIRMAN STRAIN: I have a solution to it. But let's -- Mr. Murray? COMMISSIONER MURRAY: Where will the delivery trucks load and unload in that master plan? MR. YOV ANOVICH: rn tell you what I -- COMMISSIONER MURRAY: This is not evident on the master plan. CHAIRMAN STRAIN: Can we finish-- MR. YOV ANOVICH: Where they will not be is over here obviously. So do we know for sure if it's going to be on this side or this side for deliveries? COMMISSIONER MURRAY: So if it were on the last place you poached, that would be the concern I would think the folks have about these overhead lights. So-- MR. YOV ANOVICH: And it would be -- it would be the -- you know, the box trucks, and it would be during regular business hours. So I don't think they're -- I don't think lighting is really going to be an issue, because the code really doesn't allow lighting to become an issue because you're not allowed to spill off your site. CHAIRMAN STRAIN: I would like staff to verify that, that there's --lighting, ifit had -- any lighting on the building would be shielded to the site itself. Is that a fair statement? MS. ZONE: There is a regulation in the LDC that prohibits lights to shield on neighboring properties. But if the board would like, we could also make an additional condition. CHAIRMAN STRAIN: I think if it's in the LDC we don't need to be redundant. MS. ZONE: Yes, it is. CHAIRMAN STRAIN: Okay. Now, those are the two issues this lady has brought up. Ma'am, have your questions been answered? MS. TROFINO: Yes, they have. CHAIRMAN STRAIN: Great. Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And on the lighting, Rick, I think one of the conditions would be, which is what I thought she was saying, is that the building itself does not have lighting on it so that the building, the wall itself is not bright. That wouldn't violate the code but may violate the esthetics of that neighborhood. So I don't know what the intention is on the northeast side. There is no real advantage except maybe trying to get a sign up at the corner. But could you limit it that you're not going to illuminate the northeast and the southeast side of the building? MR. YOV ANOVICH: I didn't really hear that as the concern. I thought the concern was that we were somehow going to be brightening their neighborhood with the lighting on our site as well as on the building. I don't know the details of the design, but with the code safeguards that are already there, I'd like to just leave it. We'll do what the code requires as far as architecture and lighting. Because I think that was Page 34 161 18t( August 7, 2008 the concern was really light spilling over and creating issues, not lighting up the building. COMMISSIONER SCHIFFER: Well, I mean, if you make the wall bright, then these units are going to look out and see a brightly lit building. MR. YOV ANOVICH: But they're not even n when you're looking -- I mean, Mr. Schiffer, they have their carports in front of the buildings. I don't -- and they're far enough back. I don't see how putting lights on the building is going to aftect their quality oflife since we're not allowed to spill that light over. COMMISSIONER SCHIFFER: Okay. If they're happy with the -- Ijust want to keep the buildings themselves from being brightly lit, but n CHAIRMAN STRAIN: Any other questions of the applicant or staff at this time? (No response.) CHAIRMAN STRAIN: Ray, are there any other public speakers? MR. BELLOWS: None have registered. CHAIRMAN STRAIN: Richard, do you have any comments you want to make before we finish? MR. YOV ANOVICH: I don't think so. I think that we've obviously addressed the neighbors' concerns and we would request that you recommend approval. CHAIRMAN STRAIN: Okay. With that, we'll close the public hearing. And I have four stipulations I'd like to read to everyone to consider before a motion is made. If the motion is made to recommend approval, the notes that I've taken during this meeting suggest that we'd have four stipulations. The first one would, number one, limit the conditional use to only the liquor store use being asked for, which is SIC Code 5921. Number two, the rear interconnect between the CVS property and this one is conditioned upon CVS agreeing to it. Number three, staff item number -- staff recommendation number three on Page 9 will have the additional language added to it on the end after the date, or as it may be amended. Number four, the eight-foot wall that is to the east will be continued in a material that is not wood to the corner of the property where the self-storage facility exists. COMMISSIONER MURRAY: I would make that motion. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Do we need to add the enhanced landscape buffering that was agreed to according to n MR. YOV ANOVICH: I think that's number four. That's number four on the staff list. COMMISSIONER CARON: Oh, sorry, in the staff one, sorry. COMMISSIONER MURRAY: I would make that motion. CHAIRMAN STRAIN: Let's make sure -- any other stipulations? (No response.) CHAIRMAN STRAIN: Okay, Mr. Murray. COMMISSIONER MURRAY: I made that motion. CHAIRMAN STRAIN: You made that motion to recommend approval subject to the four stipulations read into the record? COMMISSIONER MURRAY: And staff, yes. CHAIRMAN STRAIN: And staff's recommendations as well. Is there a second to the motion? COMMISSIONER WOLFLEY: I second. CHAIRMAN STRAIN: Mr. Wolfley seconded. Any further discussion? (No response.) Page 35 16/ 1BLf August 7, 2008 CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9-0. COMMISSIONER CARON: And don't forget the conditional use. Thank you, Mr. Murray. CHAIRMAN STRAIN: Yeah, there's a conditional use item in your packet. We need to pass that out and pass it on to Ms. Caron. MR. YOV ANOVICH: Do these come back to you all on your consent, conditional uses? CHAIRMAN STRAIN: Everything comes back. MR. YOV ANOVlCH: Okay, I was -- CHAIRMAN STRAIN: Especially ifit involves you. COMMISSIONER CARON: In fact, we may do it twice. MR. YOV ANOVICH: Tough audience. Item #90 PETITION: RZ-2007-AR-12044. IMMOKALEE. LLC CHAIRMAN STRAIN: Okay, the next item of business for today is 9(0). It's Petition RZ-2007-AR-12044. It's the Immokalee LLC multi-family development on 9.3 acres in the southwest corner of the intersection of!mmokalee Road (846) and School Road. All those wishing to testify on behalf of this issue, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Okay, are there disclosures on the part of the planning commission? Mr. Midney? COMMISSIONER MIDNEY: Yeah, I've spoken with the applicant. CHAIRMAN STRAIN: Anybody else? I had a conversation with Mr. Pritt. We went over a lot of issues involving compatibility and setbacks and things like that, and we'll probably be discussing all those today. Mr. Pritt, it's all yours, sir. MR. PRITT: Thank you. Mr. Chairman, members of the planning commission, my name is Robert Pritt. I'm with the law firm of Roetzel and Andress. And I'm here on behalf of!mmokalee LLC, the owner ofa 9.3-acre parcel ofland located at the southwest corner of Inunokalee Road, which is CR86, and School Road, in Immokalee. The property is almost catty-corner from the Seminole Gaming Casino. I guess it's called gaming caSIno. The request is for rezoning from E, estates district, as you can see from your staff report, to Page 36 1611Btf August 7, 2008 RMF -16, which is a multi-family district. It does not qualify for a PUD because it consists ofless than 10 acres. As a matter of fact, as Mr. Goldmeier, my client, might indicate, they looked to see whether or not they could purchase properties on both sides, on the east side n on the south side and on the west side, a portion of those properties, in order to meet the IO-acre requirement and go in for a PUD, but were not able to do that. So this is not a situation where they were trying to avoid having a PUD. Anyhow, it simply does not meet the PUD standards. Immokalee LLC is owned by Lee and Barry Goldmeier. Barry Goldmeier is here with me today. They have been here before. They developed the Main Street Village in Immokalee, which is considered to be a very nice development in the area. I think most people would agree with that. It's in Inunokalee and it's a three or four-year old -- five-year old development, I think, and is very successful. In this case they did not apply for affordable housing for the density bonus with the county; however, this is in the range of affordable housing and the proposed property will be at the price points of affordable housing. Most likely it will be an apartment building. It's very difficult to build condominium units at this time, but that's likely what the development will be. And Barry can explain in greater detail. He'll be speaking to you here in a little while. He can tell you a little bit more about the nature of the project, and if you'd like, any other projects he has done, including the Main Street Village project. The petitioners' representative is Shaun Mularkey of Coastal Planning and Engineering, and the environmental consultant is Amanda Koonjedeberry -- I didn't say that right, Koonjedeharry of Earth Balance. I apologize, Amanda. But this project -- and I forgot, Brian DeLony is also here. He's with Coastal Planning and Engineering, and he'll be able to answer n hopefully answer any questions you may have concerning engineering issues. You have a supplemental staffreport because this has been here before. Most of you I think were on the planning commission at that time. And I'm sure you remember every detail of that hearing since you probably haven't had any cases since then. But anyhow, the matter came up in January of2008, and the outcome of it -- I was not here, but I understand that the outcome of that was that you asked the EAC -- or you asked the matter to be sent over to the EAC for some issues concerning the location, environmental issues, flowway issues and the like. The matter did go to the EAC on May 7th, 2008, and it was determined that it is not located within the Lake Trafford/Camp Keis flowway. And in order to go to that hearing, they did prepare -- Mr. Mularkey's office did prepare a conceptual plan, which I think is in your packet, to show generally how the preserve would be set forth. Eight to zero was the determination by the EAC that it was not within the Lake Trafford/Camp Keis flowway. The matter was eventually scheduled for this hearing. Along the way there was a question that was raised by the transportation department -- this just came up in the last couple of weeks, we had a meeting on it last Thursday n concerning transportation issues. And there had been a request -- a recommendation that there be something put into the report that would require an eight-foot wall-- I think it was an eight-foot wall to be -- a noise wall to be established and a 20-foot reservation along 886 (sic) to be put in. And we were able to work that out -- I think it's worked out with transportation department. But I think we were able to work that out. And we did do a -- even though a conceptual plan is not required for a straight zoning, we did do a little plan that would indicate how we would move the buildings without disturbing the environmental area and accommodate for the reservation. And I think that's in your packet this morning. Shaun can explain that a whole lot better than I can, and we'll be glad to talk about it, if you'd like Page 37 16/ IBLf August 7, 2008 to. Again, this is not a PUD; however, there were concerns, and we tried to address the concerns of the planning commission and the EAC and the transportation department. So that's what you'll see today. The -- I think I indicated that this does not quite meet the minimum standards for PUD's. I know that the -- I believe the county has a preference for trying to get n have PUD's approved. That's pretty common throughout Florida. But one of the reasons that you have standards, minimum standards for PUD's, is to avoid spot zoning. And it appears to me, anyhow, that your ordinance on that is designed to do that and does that. However, just not every case is -- qualifies for a PUD, and this is one of them. With that, I would like to have Shaun give you the overview of the application as it stands now. MR. MULARKEY: Thank you. Again, I'm Shaun Mularkey with Coastal Engineering. I'm a senior planner with Coastal. Mr. Pritt did a really nice job of summarizing the process thus far, so I'm going to skip all over that and try to keep this brief so we can get to the questions as soon as possible. This is an aerial view of the property. It's located again at the southwest corner of School Road and County Road 846, or First Street in Immokalee. It's 9.33 acres. It's currently undeveloped, vacant. The properties to the west and south are zoned estates. Our property is zoned estates. To the north directly across School Road, that property is zoned village residential. And then to the east across County Road 846, that's zoned ago with a mobile home overlay. And again, for reference, the Seminole Casino is less than a quarter mile away from our site on the opposite side of County Road 846. Weare requesting rezone from estate zoning to residential multi-family, RMF - I 6, with a maximum density of 15 units per acre. This is the Immokalee Future Land Use Map. Our property is located in an area designated as neighborhood center, which is here. I'm going to blow that up for you. Our subject property is shown there with the white box around it. Our request, we believe, is consistent with the Growth Management Plan and the Immokalee Area Master Plan. We're in the neighborhood center district, which envisions a mix of residential and commercial uses, basically neighborhood-oriented uses. The Growth Management Plan for that district allows density up to 12 units per acre with the option for up to three additional units per acre for residential infill bonus, for which our site qualifies. Again, this 12 plus three is a total of 15 units per acre, and that's what we're asking for with this application. We believe the density is appropriate in this case. We're located on an arterial roadway, County Road 846. There are no issues at this time or the foreseeable future with transportation impacts. The five-year plan -- I'm sorry, projecting traffic five years out, there are no potential impacts to the surrounding roadways due to our project. Again, we're less than a quarter mile away from the Seminole Casino, within walking distance of a major employer in the area. Again, we're within a neighborhood center and future mixed use environment. We think this site is an ideal location for a multi-family development with the density that we're proposing at this time. This is the original plan that you have in your packets. I know you guys n you received a supplemental plan this morning. This was the plan that we went to the EAC with. Along the south boundary, the shaded area, that's the preserve. Those are the highest quality wetlands on the site, where there's some cypress and so on in there. We -- along the north side -- there's also wetland on the west side of the site, as well as the north side. The north side wetland is shown as hatched. We would be mitigating that northern wetland. It's a Page 38 16 I 18 if August 7, 2008 very low quality wetland, and that would be the location of our future stormwater management area, stormwater pond. The buildings shown here are -- there's 140 units shown here. These are shown as three-story buildings. We're proposing to limit our height to 50 feet. The RMF-16 zoning district normally has a height limit of75 feet. We know there was some concern at the last planning commission meeting about potential heights, so we have agreed to limit the height to 50 feet. Any access we have on the property will be from School Road, as opposed to County Road 846. So again, this was our original plan. Since then, as Mr. Pritt mentioned, we met with transportation and other county stafflast week, Thursday, after they indicated that they would like us to reserve a 20-foot future road right-of-way for expansion of County Road 846. And that's the plan that you received this morning. Substantively this plan has not changed from the previous version. Everything remains the same in terms of the preserve layout, the mitigated wetland, the density requesting, the parking. The buildings and parking have been reorganized a bit, but the setbacks remain the same. What we did show here is the 20-foot future roadway reservation along County Road 846. To the west of that is a IS-foot landscape buffer, followed by parking and then finally buildings. So really we feel in this case if the county -- if you need this future roadway in the future, you'd be able to acquire that without much impact to the building setbacks. Our previous plan, if that would have been acquired, our setbacks would have likely been nonconforming, less than the 30 feet required from the right-of-way. In this case there are n there would be fewer conflicts. Which also kind of alleviated one of the other concerns that transportation had, was that if the buildings were closer to the right-of-way and they had to take property after the fact, our buildings would have been closer and a wall might have been required or some other damages to the property. So this is kind of the best of both scenarios. It works for the county, it still works for us. And again, all the major site constraints are intact. So with that, I'd like to end our presentation and open it up for comments to you. CHAIRMAN STRAIN: Mr. Midney, then Mr. Murray. COMMISSIONER MIDNEY: I have a question. Are you -- I can't see here, are you planning to put sidewalks along School Drive and 846? MR. MULARKEY: Whatever is required based on the LDC would be provided. I think sidewalks or payment in lieu of is required. We just -- I know the site plan is detailed, we just didn't get to that level of detail at this time. But we'll do whatever is required at the LDC. COMMISSIONER MIDNEY: Will you have room for sidewalks? MR. MULARKEY: Along -- well, certainly along County Road 846 there's room for a sidewalk. And I think there's also a shoulder along School Road that would allow for a sidewalk. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I noted on the previous plan there were an entrance and an entrance, and an exit and an exit, so there were two. MR. MULARKEY: That's right. COMMISSIONER MURRAY: We no longer have two. MR. MULARKEY: There's no longer two shown because the access -- the potential access point we have on the new plan, which is shown up on the monitor now, would be closer than 125 feet from the intersection, which was a stipulation from transportation. That second intersection, that second access point was a right out only. So what would probably Page 39 16 I 1 B + August 7, 2008 happen in this case is we wouldn't have a right out for vehicles but would probably be an access point for emergency vehicles only. COMMISSIONER MURRAY: Okay, that's good. Because I have concern with the potential of people being trapped -- MR. MULARKEY: That long dead-end, yeah, we'd definitely make certain that it was maybe geopavers or something there that -- COMMISSIONER MURRAY: Okay. We'll make that, I hope, a stipulation. MR. MULARKEY: Okay. CHAIRMAN STRAIN: Any other questions of the applicant at this time? (No response.) CHAIRMAN STRAIN: I have a few. The concept plan that you passed out today. MR. MULARKEY: Yes. CHAIRMAN STRAIN: In trying to figure out the scale, it looks to me like the -- you have that proposed stormwater pond. MR. MULARKEY: Yes. CHAIRMAN STRAIN: Is that wet detention or dry? MR. MULARKEY: That's likely going to be wet detention. CHAIRMAN STRAIN: You're going to have -- is the 20-foot maintenance easement outside or inside that black line? MR. MULARKEY: Outside. CHAIRMAN STRAIN: The road to the left of the page based on the scale looks like it's 30 feet from that line. Is that a fair statement? MR. MULARKEY: That looks about right. CHAIRMAN STRAIN: Okay. Buildings to the north, they look to be the same distance, 30 feet from that line; is that a fair statement? MR. MULARKEY: You're looking at the new plan, the one that's in the monitor, correct? CHAIRMAN STRAIN: Right. MR. MULARKEY: Yeah, that's probably right as well. CHAIRMAN STRAIN: And back over to that road, on the left side of the road to where your preserve -- it's not called preserve, you have it called wetlands, you have a mitigated area. That looks to be about 40 feet wide there. MR. MULARKEY: Correct. CHAIRMAN STRAIN: Okay. Your stormwater pond is about 180 feet deep, something, from the property line, I should say. So if you go out by School Road there to the edge and go back to the stormwater pond where the amenities building is, it scales out to about 180 feet, maybe a little less, a little more, but somewhere in that nature. The area that is up against on the left-hand side that you've titled wetland, that area is 45 feet. What is that wetland? Is that -- since you didn't designate it preserve, are you intending not to violate that wetland? Is it going to stay? MR. MULARKEY: That's correct, we're not intending at this point to fill that wetland. The concept plan stays out of it. We preserved the 15 percent as -- of the best wetland vegetation on the site but we don't plan at this time to fill the wetland to the west. CHAIRMAN STRAIN: Okay. That wetland, nonetheless, if it's got vegetation in it, based on the aerial that you had on here earlier, the wetland to the south averages out to be a little bit over 100 feet, from what I can tell. And that too has vegetation on it. So it looks like on the three sides you're fairly well Page 40 161 184- August 7, 2008 vegetated around your property or you've got setbacks substantial from School Road to offset the vegetation. MR. MULARKEY: Right. CHAIRMAN STRAIN: The only place I seem to have a concern is County Road 846. And let's assume the 20-foot potential right-of-way gets used, because they always use what they get. They love to build roads around here. It keeps Nick employed. If you've got a IS-foot Type 0 buffer there, that would certainly seem to be a very concerning compatibility issue to that roadway in regards to the traffic and the people living inside. By the discussion we just had, it's obvious that the road that you have, or your access road, you have ample room to remove that road or the stormwater pond in any number of ways to pick up an extra 10 feet there or even pick up an extra 10 feet by your building in relationship to the stormwater pond. So what I'm suggesting is, would you have any objection making that Type 0 buffer -- that buffer along the front along the roadway 25 feet instead of IS? I think it would lend a lot to the credibility of the n compatibility of the project and a lot softer entry to the community if that were to happen. MR. MULARKEY: When we developed the concept plan we were very careful to try to get our measurements right and to make -- that's why it's so detailed, is we wanted to make sure it fit, the density we were asking for, the parking requirements, the buffers. I can say yes to 10 feet, but until I really look at it in detail, it's tough to say. CHAIRMAN STRAIN: Well, I just pointed out numerous areas you could reduce your spacing to make it up in numbers of ways, and I think that would go a long way to working better from an esthetic viewpoint at an entry to Immokalee. MR. MULARKEY: I think we could probably make it work. CHAIRMAN STRAIN: Okay. On the conditions of approval -- and by the way, I had to -- there was a lot of concerns I have with staffs write-up of the findings to this, basically. But that's all done, that's over with, so we'll go on with just the new stuff, from my perspective. On your conditions of approval, you've got a reference to a plan dated March 27th, 2008. Do you have any objections changing that to the plan that you passed out today of 8/4/08? MR. MULARKEY: No. CHAIRMAN STRAIN: Okay. And I believe that is the only questions I had. Other than Mr. Midney, the last time this came before us you were concerned about the wetlands. Are you comfortable with that issue now? COMMISSIONER MIDNEY: I think I'd like to hear the staff report, because I think they have something to explain to us that you -- will you be prepared to show us the new wetland maps that you've developed? CHAIRMAN STRAIN: Okay, let's finish with the applicant first. And I just want to make sure if that's where you're going to ask your question, on that -- COMMISSIONER MIDNEY: Yeah. CHAIRMAN STRAIN: -- we get that resolved when staff comes up. Mr. Murray? COMMISSIONER MURRAY: Yeah, I have another question. Relative to looking at the north section, the proposed stormwater pond I see is the line, then you also have what are deemed to be wetlands. It appears to be in one case touching a structure. MR. MULARKEY: Oh, the area that's shaded? That's the wetlands that will be mitigated and filled where necessary for the structure. COMMISSIONER MURRAY: Okay. And that fill will be what, five feet, 10 feet, 15 feet? How Page 41 161 18tt August 7, 2008 much -- MR. MULARKEY: How much fill do we need? COMMISSIONER MURRAY: No, no, what distance will a person have walking around before they get their feet wet? Five feet from the structure, 10 feet from the structure? MR. MULARKEY: No, there's going to be ample room from the -- we just have not gotten to that detail, that's coming -- COMMISSIONER MURRAY: Okay, so you're saying -- so this really needs to be modified even further. But conceptually you're telling me for the record at least that there won't be any health or safety Issues. MR. MULARKEY: Absolutely not. We'll meet all proper setbacks from the-- COMMISSIONER MURRA Y: Okay, I think that's important to have on the record. Thank you. CHAIRMAN STRAIN: Any other questions of the applicant at this time? (No response.) CHAIRMAN STRAIN: Go ahead, Tom. MR. EASTMAN: Thank you, Commissioner Strain. As the school district's representative, we would concur with Commissioner Midney's request for the sidewalks along School Road. MR. MULARKEY: Okay, thank you. CHAIRMAN STRAIN: Thank you, Tom. Okay, is there a presentation -- go ahead, Mr. Pritt, did you have something else you wanted to add? MR. PRITT: First I want to apologize. I think I referred to that road as 886. And I apologize, it's 846. I spent enough time on it, I should know the number by now. And Mr. Goldmeier would be glad to answer any questions if you have any particular questions about the matter. If not, I would just indicate that we concur with the staff report, the conditions that the Chair has recommended for today also, and ask that the staff report be admitted into evidence. I suppose you do that automatically anyhow, but just to indicate that we do agree with the staff report on that. And we'll be glad to have anybody else answer any questions, if you have them. CHAIRMAN STRAIN: Thank you, Mr. Pritt. Okay, with that, we'll have a staff report. COMMISSIONER MURRAY: And Mark, should we be taking this into evidence? CHAIRMAN STRAIN: When we get all done I was going to do that, yeah. MS.DESELEM: Good morning. For the record, Kay Deselem, Principal Planner with zoning. Yes, you do have the supplemental stafI report that I provided to you. And it is for this hearing dated at the bottom 7/23. This addresses or is intended to hopefully address the issues that were raised at the January meeting. And we did provide a supplemental analysis that explained a response n provided a response to each of the questions that were raised at that time. The main question from my understanding being whether or not the project was located within the Lake Trafford/Camp Keis flowway. And it appears as though that's been definitively answered as no, it is not. And in that staff report supplement you see an exhibit on Page 3 that shows the subject site as a circled area within a red circle, and you see the existing flowway line shown in green. And I think what Commissioner Midney is referring to, I can show you, as part of the Immokalee Area Master Plan update that's going on now, the environmental staff has been looking at changes to that particular flowway area. And I have an exhibit that can show you. Page 42 16/ 1Btt August 7, 2008 The subject site is outlined in purple. The proposed new wetland lines are shown in light green. CHAIRMAN STRAIN: Boy, that's really light. Oh, that light green you're pointing up in the n MS.DESELEM: Yes, that light green. And there's another deeper green. That line represents the existing line that you see on Page 3 of the staff report. So you can see what is currently in effect now, which is the line that Ray's pointing to now, and what's proposed. I don't know if or when that might get adopted, but that is what's proposed. You can see that the subject site, although it comes very, vel)' close to the new boundary, isn't quite within it. Hopefully that is the best way I can answer the question that you had about the flowway. We did respond to the question about whether or not this was a PUD rezone in the staff report, stating that no, it did not qualify. And we did respond to the question about the rural fringe density reduction and whether or not it applies, saying that no, it does not. And we provided the initial analysis that supports the conditions proposed by transportation staff. Subsequent to that staff report being issued, you were sent new conditions that are dated on the bottom 8/1 rather than 7/2. And that just cleared up condition number one to identify the different site plan, which we've now changed again to recognize the site plan that we got this morning. And then you have the conditions that were originally proposed that talked about the maximum of 15 units an acre; the environmental conditions three, A, B, C and 0, and then four and five. The height limitation, as volunteered by the petitioner, is condition six. Seven and nine are access conditions, as agreed upon by the developer. Nine is a right-of-way condition. And 10 is a noise attenuation wall condition. Conditions nine and 10 were modified in this 8/1 rendition of the conditions. Other than that, I don't have anything else. I'd be happy to respond to any questions that you might have. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yeah, we'll start off with a comment. You probably remember that I was very dissatisfied with the wetlands map as it was. And so this board asked staff, environmental staff, to look at new wetland boundaries that might be more factual. And I'm very pleased that they did get to work on it. And Kay gave me n I guess there's seven different maps. There's this one that's up there now, then there's one that has to do with merit panther zones, a soil map. And then the fourth map, Kay, I wonder if you could put that up, which says Lake Trafford Urban Wetlands 2007 aerial. MS. DESELEM: Can I borrow yours, or do you want me to get another one? COMMISSIONER MIDNEY: You can borrow mine. MS. DESELEM: That way I make sure I get the right one. COMMISSIONER MIDNEY: Yeah, that's a good idea. That's not as easy to see. MS.DESELEM: We can blow it up a bit. They're great to look at, but they're kind of hard to see. COMMISSIONER MIDNEY: That's better. Now you see the colors. On this map, the green lines are kind of more wavy, as opposed to those very angular lines that you've written on the proposed map. This map seems to be much more in line with what's actually on the ground than the one n why do they have those angular lines on the one that you've proposed to the Page 43 161 IBt August 7, 2008 Immokalee Master Plan Committee? Seems like you're cutting off a lot of corners. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yes. CHAIRMAN STRAIN: That is something you could have a sidebar with Kay and staff. Is there something that pertains to this application that you're getting to? COMMISSIONER MIDNEY: Well, just by way of comment, it's been made clear to me that the operative plan is the one that's in effect now, which is not the one that's up there now. And so we have to go by the Immokalee area master plan wetlands that were delineated I guess about 10 years ago. We can't use the ones that we've requested in the last meeting, because it has to be ratified by the Immokalee Area Master Plan Committee. My comment is that I've been by the site. There are four culverts passing under County Road State 46 going from east to west, which prove that the area is part of the Camp Keis Strand wetlands, because obviously the people who built the road felt that there was lateral flow east to west. And the water is actually flowing under there now, since we're in a lot of n we're in a high rain area. But that's not operative. We have to go with what was there, which has been adopted, which is the 10 year ago plan. So I think that even though it is in the Camp Keis Strand area, we can't go by that, we have to go by what's on the books. CHAIRMAN STRAIN: I think that both wetland lines that you've shown, and the other plan was a bigger scale, still show the property outside ofthe flowway. MS. DESELEM: That's correct, sir. CHAIRMAN STRAIN: If that gives you any better feeling for it. COMMISSIONER MIDNEY: It does. I still disagree with it. I think that the reason that it was n because if you go on the road now, you can see that the land is drained into those culverts. The culverts are very close to this subject property. My feeling is that it was left out because it's considered to be a Brazilian pepper-invaded wetlands. But I still think it's connected. But that's irrelevant, because we have to go by what's adopted now, not by what may be adopted in the future. CHAIRMAN STRAIN: Okay. Thank you, sir. Are there any other questions of staff at this time? (No response.) CHAIRMAN STRAIN: Are there any public speakers, Ray? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay, does the applicant wish for any final comments? MR. PRITT: No, sir, I think that we've made enough comment for the morning. We'd be happy to answer any questions that you may have. Other than to say that we think we meet the qualifications, that we've worked very hard with staff and with the committees, and hopefully we can get approval today. Thank you. CHAIRMAN STRAIN: Thank you. And before we close the public hearing, are there any other questions? Ms. Caron? COMMISSIONER CARON: Yes. Mr. Pritt, did you say at the beginning of the hearing that these buildings are three stories? MR. PRITT: I believe so, yes. COMMISSIONER CARON: So they're three stories and apartment buildings, and you've got 50 Page 44 16 I 181 August 7, 2008 feet in height, in zoned height. I'm not sure if there are issues of protecting more wetlands or whatnot. Why wouldn't you consider this an awful lot of on-the-ground hardscape here that perhaps could go under buildings, since you're looking at 50 feet? I don't know very many apartment developers who put in 15 or n foot ceilings, so -- MR. MULARKEY: You hit the nail right on the head. MR. PRITT: Everybody's leaping up to answer the question. We'll let Shaun take a crack at it. We did think of it, though. MR. MULARKEY: That's exactly right. It's a matter of if there's a possibility financially to be able to put some parking under the buildings. We're still committed to a three-story building, just in terms ofthe actual units. But roof structures and the possibility of parking, we just don't know at this point if it's financially feasible, but there may be a possibility to do that. COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Is this the time to put the plan into evidence? CHAIRMAN STRAIN: No. I was going to do that by the changing of the conditions. We're going to enter it as a change to a condition as a stipulation, so I think that accomplishes it. But are there any other questions before we close the public hearing? (No response.) CHAIRMAN STRAIN: With that, we'll close the public hearing. And I've got some stipulations I'd like to read, if anyone's considering a motion to recommend for approval. The first one would be a landscape buffer along 846 is to be 25 feet wide. The second would be that the emergency -- there would be an emergency exit through the treatment of the surface area and a second access to School Road at the end of the parking area in the northeast corner of the project. Three, that there be sidewalks along the south side of School Road in the property fronting this project. And four, we would change the date of the site plan on condition number one to 8/4/08. Those are the four stipulations that I've made notes of as we've proceeded. And if there are any others? Ms. Caron? COMMISSIONER CARON: Does it need to be stated in there that they have agreed to three stories? CHAIRMAN STRAIN: I think they agreed to 50 feet. COMMISSIONER CARON: And three stories. I mean, that's what they've said. Yeah, and three stories. CHAIRMAN STRAIN: And three habitable stories. COMMISSIONER MIDNEY: Good point. COMMISSIONER CARON: Right, 50 feet and three stories. CHAIRMAN STRAIN: 50 feet or three habitable stories. COMMISSIONER CARON: Right. And Mr. Midney had asked for sidewalks on 846. Is that not part of your motion? CHAIRMAN STRAIN: I thought he said School Road. COMMISSIONER MIDNEY: Both. COMMISSIONER CARON: Both. CHAIRMAN STRAIN: Well, I think we've got a problem with that, because 846 is going to have some construction. But usually they do in lieu of. Page 45 161 1Blf August 7, 2008 Nick, can you comment on 846 if that's something that's practical, or it's just going to be ripped up and wasted money. MR. BELLOWS: Commissioner Strain, I had one other clarification on the height. It's three stories or whichever is -- CHAIRMAN STRAIN: 50 feet or three habitable stories max. MR. BELLOWS: Whichever is the more restrictive? I mean, what happens if somebody says we want three stories. If it says or, I think it's less confusing -- COMMISSIONER MIDNEY: What if they want four stories? MR. KLATZKOW: Whichever is less. CHAIRMAN STRAIN: Maximum 50 feet in height. MR. BELLOWS: How about three stories not to exceed a maximum of 50 feet? CHAIRMAN STRAIN: Okay, that's fine. COMMISSIONER CARON: There you go. MR. CASALANGUIDA: There's no connectivity on 846 right now, so it probably would be a payment in lieu of per the LDC right now. It would be a dead-end sidewalk that wouldn't connect to anything. School Road would make sense. COMMISSIONER MIDNEY: Well, I mean, as the area develops and you're having all these people here, they're probably going to want to walk along School -- on 846. I think that there should be a sidewalk there. MR. CASALANGUIDA: The issue with that is if you place it there and there isn't one to the north and the south, you would be better as the payment in lieu program allows is take that money and start where the logical termination point is closer to 29 and work your way down. COMMISSIONER MIDNEY: You don't think that there will be to the north any time soon? MR. CASALANGUIDA: There isn't now, and it's already developed to the north. So what the program has been very effective at doing is taking those fragmented sidewalks, taking the money and then building from where the fragment starts and then working their way out. So that program is working very well, and that's why it was put into place that way. COMMISSIONER MIDNEY: What if they do build sidewalks to the north later on and now there's not going to be any room to build sidewalks here and we have all these apartments here? MR. CASALANGUIDA: Well, it's developed to the north, so it would either be a state or probably more likely a county project, it's a county road, so we would start in that direction and work our way down. But if you did that now, if you don't follow that payment in lieu program, you have these fragmented sidewalks everywhere. COMMISSIONER MIDNEY: Because I'm just thinking, you know, if people are walking to the casino who work here, will there be any place for them to walk up 846? MR. CASALANGUIDA: Right now there isn't presently to the north. So, I mean, you know, you're -- if they came out School Road, they wouldn't go south and then dead-end at their property line, there would be no place for them to go, you know. That's the issue with allowing fragmented sidewalks. You really need to start where the program -- existing sidewalks are. COMMISSIONER MIDNEY: So how will they walk to work? MR. CASALANGUIDA: Right now there's nothing to the north. You know, again, my program is to start where existing sidewalks are and work my way out. I can't fix the problem where, you know, these people aren't there. By putting a fragmented piece in, they would stop at the property line and then have to go back out into the street. COMMISSIONER MIDNEY: Well, wouldn't that be better, I mean, if you're on a very, very busy Page 46 16 1 1 B+ August 7,2008 roadway, to at least have sidewalks there than to have nothing at all? MR. CASALANGUIDA: My goal would be to build it to the north where that development goes up into 29. So part of that program would be take that money, go up to 29 and work your way down to where they are. I mean, that's the issue. It's a Catch-22. And we brought this to the board and there were plenty of examples where sidewalks were just dead-ended in the middle of nowhere. Industrial parks where code said build a sidewalk, you know. COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I mean, I think Paul's kind of on a good point here. If you zoom out on that, Ray, second, wouldn't it be smart to build the sidewalk from School Road -- well, it doesn't show it on that. But the casino's very close. Why don't you just build it from School Road to the south side of the casino and the people could walk from there to work? MR. CASALANGUIDA: It's a very limited, fragmented sidewalk. Ifwe're going to widen the road in the next five or six years, I would be ripping it out anyway. I would -- the payment in lieu program -- let me give you a little background on payment in lieu so you get a feel for it and comfort level. What you do is you take in payment in lieu for sidewalks throughout the five districts. That money's collected and it's set in those districts. You go back to the Pathway Advisory Committee, which we've done projects in Inunokalee, and you say where are there gaps that makes sense to fix, rather than do these little fragmented pieces. And then what we do is we bid out those projects in groups and try to make those improvements where there's connectivity. By doing fragmented pieces like that that aren't connected to a full network, we come back and we tear them up and they dead-end literally at the property line. They don't serve a big purpose that way. COMMISSIONER SCHIFFER: But I think this fragment would take the people from this development to the casino. MR. CASALANGUIDA: I don't see -- I mean, I'm looking at the aerial. If you built it along the total property line, it would go down to that southern property line and there would be nothing there. CHAIRMAN STRAIN: Wouldn't they walk inside their project, Brad, up to School Road, then go out to School Road? Then they wouldn't have any use of the sidewalk on 846. COMMISSIONER SCHIFFER: Well, what I'm thinking is they'd go -- within the project they'd hit School Road, take a sidewalk on the west side of -- CHAIRMAN STRAIN: You can't have this applicant put sidewalks into the north. They can only put them on their property. They're not going to go south of their property to get to the casino. And the program that he's implementing would be able to take the money they would contribute and actually apply it to the north where they couldn't do it if they were forced to do it on their own property. MR. CASALANGUIDA: That's exactly how the program works. COMMISSIONER SCHIFFER: Okay, so you could theoretically take their money and build that sidewalk I'm describing. MR. CASALANGUIDA: I would go farther north -- I mean, the way the program is set up you would go to where the next adjacent sidewalk terminates and continue that network down. So you're not building fragments, you're just continuing the network and filling in the gaps. COMMISSIONER SCHIFFER: Even though this is a fragment, it does plug it into this project. That was one of the features they gave us, is look how close we are to the casino, you could live here and work there. Page 47 161 184-' August 7, 2008 MR. CASALANGUIDA: We tried n the issue that we have is we try and to take it to committee so that the committee can look at all the projects in there area. There's members from Immokalee in that area. If that was prior to the committee, it would be put on there. COMMISSIONER SCHIFFER: Okay, thank you. MR. CASALANGUIDA: You're welcome. CHAIRMAN STRAIN: Any other questions of anybody at this time? (No response.) CHAIRMAN STRAIN: Okay, with that, we've read the stipulations. Is there any n Mr. Klatzkow? MR. KLA TZKOW: Yeah, I'd just like the applicant to state for the record whether they agree or disagree with any of the stipulations. MR. PRITT: All the stipulations we've heard so far we agree with. CHAIRMAN STRAIN: Thank you, sir. Thank you, Mr. Klatzkow. And I'll try to remember to do that from now on. Okay, with that I'll entertain a motion. Is there a motion? Mr. Midney? COMMISSIONER MIDNEY: !'ll motion for approval. CHAIRMAN STRAIN: Is there a second? COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: And before we go too far, is the motion maker and the second making the motion subject to the stipulations that were read into the record and as well as the conditions of approval as amended dated 8/1/08 and presented by staff? COMMISSIONER SCHIFFER: Yes. COMMISSIONER MIDNEY: And also the EAC recommendations. CHAIRMAN STRAIN: And the EAC recommendations. So that's made by Mr. Midney, seconded by Mr. Schiffer. Both approved of those conditions. Is staff explicitly clear on what we've stipulated and done here today? MR. BELLOWS: Yes. MS.DESELEM: For the record, Kay Deselem. Yes, I believe I am clear. Otherwise, I will look it up on the video and see or question you. But I think I'm very clear. Thank you. CHAIRMAN STRAIN : You think you're very clear. You worry me, Kay. MS. DESELEM: It sounds really great when you write it down, and then you go back and think about it, and then you're like, well, is that really what -- so yeah. But I think at this point I understand exactly what you're saying. CHAIRMAN STRAIN: Thank you. With that, we'll call for the vote. All those in favor with the motion, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Page 48 16 I IBct August 7, 2008 Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9-0. Gentlemen, thank you very much. That finishes our advertised public hearings for today, and we have some new business. I don't know if we have any old business. Item #10 OLD BUSINESS - CONTINUANCE OF ITEM #9C AR-13060 CHAIRMAN STRAIN: Anybody have any old business issues they need to bring up? Mr. Kolflat? COMMISSIONER KOLFLAT: We continued today AR-13060. Are we to keep this packet of information or will staff send us out replacement information? CHAIRMAN STRAIN: Always keep it if it's continued, especially it's only two weeks away. And then it will be supplemented by staff. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Thank you, sir. MR. SCHMITT: Mr. Kolflat, can I clarify, did you say AR-12394? COMMISSIONER KOLFLAT: No, 13060. CHAIRMAN STRAIN: C,9(C). MR. SCHMITT: Oh, that has been continued, yes. Just hang on to that packet. Ifthere's anything additional, we'll send it to you. COMMISSIONER KOLFLA T: Thank you. Item # II NEW BUSINESS CHAIRMAN STRAIN: Okay, no other old business, then we'll get into an item of new business. I mean old isn't -- we'll get into an item of new business. I said that reversed. In June I believe it was, or maybe July, when we talked about the Vanderbilt Surf Colony, we talked -- this commission discussed at some point a concern about the loading of the estuary, at least I did, and I think all of us talked about it. I have since talked to Nicole Ryan over at The Conservancy and asked them if they've had any experience in other municipalities in determining what load factors or level of service ratios there might be on tributaries. Because we have all that kind of stuff on roads, but we seem to have an unlimited supply of boats going wherever they want to go and nobody really regulating the quantity. We have various criteria that says how many boats you can have on a property, but we have nothing that says how many boats a waterway can safely handle or comfortably handle without disrupting the ecology. Nicole believes there are places that do have language like that. They have someone who has been involved in this before that they're willing to work with us if we wanted to initiate a discussion on that from some kind of a forum. So what I'm offering to the planning commission is that I want us --I'd like to see the idea move forward. I'd like to know that there's interest from this planning commission in seeing it move forward. I Page 49 1~u!t7, 1~ 4- don't want to initiate a staff study at this time. I want to know independently that if I look into it and report back to this commission on the possibilities, that I'm going in a direction that meets with some at least consideration. And that's all I'm looking for is acknowledgment from you today. Does anybody have any concerns with exploring that issue a little bit? COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: No? Mr. Klatzkow, did you? MR. KLA TZKOW: I've got a lot of concerns on that. If you'd work with our office, I would appreciate it. CHAIRMAN STRAIN: I will. My intention is I know a few weeks ago during an LDC or compo plan hearing we made a motion to ask compo planning staff to come back with a very cursory review of whether or not it was a good thing to add an element to our AUIR for mass transit. Well, after the meeting there were concerns over that request amongst the county. And I got those concerns and I was shocked, because I thought gee, this is a good thing we're asking, not a bad, why would anybody care. But apparently there are people that care. So before I move forward and ask this board to make a recommendation, I'd like to explore the waters a bit so we don't go doing things that may not be -- that may be too concerning to other people without any knowing intention of being such. Mr. Murray? COMMISSIONER MURRAY: Exploration is always a good thing. But the purpose I think I understand, but I just want to be clear on what you intend or hope to resolve by your investigation and sharing that information with us. Would it be to ultimately reduce the number of vessels that can be at a dock, be provided a dock or just simply in the waterway? Because I don't see how logically you can at any given time, due to the phenomenon of people just using their boats, if they wouldn't crowd a waterway even if you had fewer boats. What I'm driving at, if you can understand my concept there, is that people do what they do. Boat clubs typically meet and they anchor. Would you be doing like Marco Island where they wanted to limit the number of boats that could be anchored for whatever period? Where do you want to go with this? CHAIRMAN STRAIN: I thought I made it clear, I simply want to be able to explore the idea, see if there's any rules or regulations or other communities that looked at this, and then report back to this board. I have no preconceived notion one way or the other of an outcome of it. I simply want to see if it's a logical thing to take a look at. COMMISSIONER MURRAY: Okay. All right, that makes sense. CHAIRMAN STRAIN: Anybody else have a concern or -- Mr. Schiffer? COMMISSIONER SCHIFFER: No, I agree with what you're saying, Mark. I'd like to just, after you're done with that, say something. CHAIRMAN STRAIN: I'm done with it. I don't need a motion. I just wanted to make sure that no one here objected so I wasn't doing anything inconsistent with the thoughts of this board. Go ahead, sir. COMMISSIONER SCHIFFER: Mine's on the boat dock thing. Could we look at or direct staff to look at pulling out that sentence that we put in, in 2006? The reason I think that's not a good idea is that I know staff had prior, which is why they brought it in, to have a way to count up different criteria to allow a boat dock extension. That in turn has developed Page 50 161 IB+ August 7, 2008 into if you can meet these criteria you're allowed a boat dock extension. And that's two different things. So I don't think the intent ofthe code prior to adding that thing was that you would allow anybody a boat dock extension if they met this criteria. I think it was criteria that people could look at so that they could theoretically deny somebody's application even that, you know, for example, if you were going further than 25 feet into the waterway you're not going to get a boat dock extension. But it's been turned around. You could see when our last decision was appealed before the commission, the staff stood there and said look, they meet the criteria, what's the problem here; the commissioners all went along with that. But that's not the intent of the criteria. So -- MR. SCHMITT: Well, it is. CHAIRMAN STRAIN: Well, Brad, I mean, I think today's clarification by the county attorney on how that criteria can now be applied completely changes the way in which we can now view that. It isn't a measure now of if you meet the criteria you get it automatically and you have to meet four out of six or one out of five or four out of five. We actually get to review all the criteria in relationship to it and we don't even need to have that as the only sole limiting purpose for our discussion. So that seems to be a little stronger ability for us to have discretion than it did before. Mr. Klatzkow? MR. KLATZKOW: What I said was n and I believe the language is before you can approve it, you have to find at least four out of the six meet. It doesn't mean once you hit four we're done. I mean, you can say, for example, one of the categories, if memory serves me right, is that it can't extend into the channel. Well, if you've got something extending into the channel, you're not going to approve it, even if it might meet the other five, and we're done with it. So that it's not a simple case of adding up if we get to four, we're done. No, I think you've got the discretion to just say one of these is so important that we're going to deny it and be done with it. CHAIRMAN STRAIN: That helps out a lot. Because before it looked like they could have two items that were in violation and still pass because they had four right. But now even if they have one in violation and we feel it's significant enough, we can turn it down for that one. That changes a little bit of the dynamics for me. Mr. Schmitt? MR. SCHMITT: But understand, when staff reviews it, we review it based on the criteria and we make a recommendation based on that criteria. You're the decision body. All we do is recommend. If they meet the criteria as defined in the Land Development Code, we will recommend approval, because we have no justification to not recommend approval. Because it's not subjective to us. It's the criteria. If they meet the criteria as defined in the code, we recommend approval. Now, if you as the governing body want to recommend denial, that's certainly your prerogative. And I think that's what Mr. Klatzkow said. You can recommend denial, but if the petitioner wishes to appeal to the board, we will again present to the Board of County Commissioners it meets the criteria, four out of the six -- MR. KLATZKOW: Well, Joe, staff could say it doesn't meet any of them, but it's still going to go to you, just with a staff recommendation of denial. MR. SCHMITT: That's right. It's still n regardless, we recommend approval or denial based on the criteria. You will make your decision based on your evaluation of that criteria. CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Kolflat. COMMISSIONER SCHIFFER: But Joe, here's what happens. And I watched, you know, the hearing, is that you're standing before the commission saying, look, it met the criteria, I have no idea why the planning commission would have -- you know, even though we did express, you know, even in writing Page 51 lu~ust 7, 2!0~ + a reason that it should have been denied, everybody just looked at it, kind of shrugged it offJike what's going on, what's the problem here, there's no problem here. But the point is that that scoring system, and I still call it that, was something that you had in-house prior to 2006. Once it got into the code, I think it gave it much too much credibility. I don't think the planning commission should really get involved in that. If you want to in your own minds come up with a way in which you'll approve or not approve things, that's fine, but I would really like to get that sentence pulled out of here so we could go back to the way we were doing it before, which was looking at these criteria. If we had a concern with one of the criteria, that would be the reason we'd deny it. MR. BELLOWS: And I understand what you're saying, and you can still do that. And that's I believe what was done today, basically. Each individuals don't have to supply three points of recommending denial, you could just supply one if you felt that's the overwhelming reason why it's not compatible with this area. It's not a scoring system. If staff recommended denial, this planning commission could recommend approval if you found differently from staff. COMMISSIONER SCHIFFER: And again, it's the only reason to approve it. The reason to deny it does not have to be one of that. But the problem is that when you go before the board on the appeals, you guys sit there, treat it like, you know, that silly planning commission, I can't figure out what they were up to, and look, it met four out of the five, what's the problem here. MR. SCHMITT: All we do is present the staff evaluation and we will present to the board your reason for denial. They can make the determination whether they believe your reasons are justified. That's what we did last time. I thought that's when the appeal went. COMMISSIONER SCHIFFER: The impression given was is that you have this criteria, which is what the LDC is giving the impression, that if you meet the criteria, you do it. MR. BELLOWS: I think where there's some misunderstanding occurred was not fully able to state the planning commission's recommendations of denial. That's why it was remanded back to get that clarification. And I think today the county attorney did the right thing and reminded everyone to state the reasons and the motions clearly n MR. SCHMITT: And the Chair did as well -- MR. BELLOWS: Yeah, and the Chair. And that makes staffs job a lot easier. If these things are appealed we can clearly state the reasons for denial. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Joe, does the LDC say it must meet the criteria or consider the criteria? MR. SCHMITT: I'll have to look up the language. But the staff report pretty much sununarizes it. The CCPC, to approve this request, it must be determined that at least four of the five primary criteria and four of the six secondary criteria have been met. CHAIRMAN STRAIN: It's at least determine, which means that we can add more criteria to it and we can review it differently. I think we ought to leave -- we have a new reading on this from the county attorney today, or at least a little more clarification than the past. For me it's going to work a lot different as we move forward. I would rather we proceed like we have and see if this new clarification helps us get through these better, and if it still doesn't, then maybe we ought to resort to Mr. Schiffer's consideration. But right now, I'd hate to see us go there with all the other things on our plate that we've got changing. Go ahead, Mr. Murray. Page 52 ~~gJst 7,!OgS ~ COMMISSIONER MURRAY: What troubles me with that is -- and I'm not taking a position here, but just a thought. What troubles me is that the citation of criteria were intended, I believe, to create objective standards on which to judge. If we initiate other criteria that are not there, such as whether there are enough boats in the basin, aren't we venturing a little far from where our intended legislation puts us? CHAIRMAN STRAIN: Well, I think we've got clarification today. And Mr. Murray, I certainly understand your concerns and we each have them. Brad's got his and I've got mine. And let's just see as we go down the path how this gels out. And if it still becomes a problem we can amend it later. But right now I think that we can leave it as it is, and with this new clarification try to move forward. It worked today. I think it will work differently in the future. COMMISSIONER SCHIFFER: Thanks. CHAIRMAN STRAIN: Any other new business? MR. SCHMITT: I have-- CHAIRMAN STRAIN: Go ahead, Mr. Schmitt. MR. SCHMITT: -- a question on the calendar, if you're ready to discuss that now? CHAIRMAN STRAIN: Absolutely. MR. SCHMITT: You have a meeting scheduled, it's the floodplain management meeting. And Mr. Strain, you'll see a note from Robert Wiley. We're stilll'l1 call it working our way through that ordinance. We certainly don't want to bring an ordinance to you that has not been fully vetted. We simply ran out of time yesterday at the DSAC. Spent all -- most -- about four hours at the DSAC with LDC amendments. So I guess the short answer is that that September 8th meeting, we're proposing to move that to October 13th. It's a September 8th meeting that was going to be the evening meeting for the review of the floodplain management ordinance. I certainly don't want to send you an ordinance that hasn't gone through the other committees. And certainly -- and we're continuing to work with the community and the industry. So we're going to be looking at moving that right now into October -- to an October 13th meeting, 5:05. CHAIRMAN STRAIN: 5:05? MR. SCHMITT: I believe at 5:00 or -- it was 5:00 to 8:00. It was an evening meeting. CHAIRMAN STRAIN: Just out of curiosity, you said DSAC met and you had a four-hour meeting on the LDC but you didn't finish discussing this. Why did you stop at four hours? MR. SCHMITT: I think it was almost five. I think by 6:00 they were done. We started at I :00 and CHAIRMAN STRAIN: Oh, you started late, okay. Maybe they should start earlier. MR. SCHMITT: I think it was because offour-and-a-halfhours of environmental LDC amendments. So -- and a word of caution, the LDC amendments that we -- that you have in your book that primarily relate to the ones we said we'd discuss involving environmental, we had extensive review yesterday. Certainly you can review those, but there will be changes, and we'll meet the requirement as stated to give you enough time to review those LDC amendments. So I wouldn't spend a lot of time on the ones that are in your book now, because we had a very productive session yesterday working with, l'l1 call them the practitioners who put some of these things in place, and there's several changes to the LDC amendments. CHAIRMAN STRAIN: Okay. Thank you, sir. Brad, did you have something? COMMISSIONER SCHIFFER: Well, I just want to express the frustration of canceling a vacation because that meeting was put into there. Now, I know you say I can miss a meeting but I do like to come, Page 53 161 1St} August 7, 200S feel it's my responsibility to be here. So why can't we get these dates to work? I mean, this is really difficult for us. MR. SCHMITT: I understand. My schedule is based on meeting meetings for -- the public meetings with the EAC or the DSAC. Now, example this week, EAC didn't have a quorum. I'm stuck for another month. COMMISSIONER SCHIFFER: But we don't need the EAC. I mean, why don't we --I'm sorry, we don't need DSAC, we need the EAC after all. CHAIRMAN STRAIN: I like your first answer. MR. SCHMITT: And the DSAC, just -- again, it's -- I'm stuck with-- COMMISSIONER SCHIFFER: But the point is, Joe, this is a month away. We really put together our schedules. We all -- you know, nine of us up here trying to schedule. This one's annoying because the week I couldn't take vacation this was in and then you took it out and put it in the week I did take vacation. And now after everything's been adjusted you put it out -- l'l1 probably go home and find out that it was October 13th that I picked for the vacation. CHAIRMAN STRAIN: But you know, if you try to schedule every vacation around the planning commission meetings, at the rate we're having meetings right now, you might as well not schedule a vacation. COMMISSIONER SCHIFFER: Well, that's the conclusion I'm coming to. CHAIRMAN STRAIN: But I think we all have to live with that fact and we have to expect that we're going to be -- we're going to miss some occasionally. It's just going to happen. I don't know how we can avoid it. I think all of us have that same scenario. MR. SCHMITT: I understand your concern, Brad, and that's why I wanted to announce that today, because it's -- I mean, I'm stuck with the schedule. And the DSAC only meets once a month. You meet twice a month, which certainly we appreciate, because it can help us do our business. But the EAC meets once a month, the DSAC meets once a month. Some of the things we even finished yesterday I've got to get through a subcommittee of the DSAC before they come to you, and those were the LDC amendments. So-- COMMISSIONER SCHIFFER: Well, maybe we -- the commissioners that govern the county take a month off, maybe we could take two weeks off somewhere and just keep it clean, you know. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Maybe DSAC should meet twice a month. I mean, we somehow don't have a problem getting a quorum for our meetings, and we're probably here more than anybody else, other than the BCC themselves, so -- I mean, I think some of these other boards need to work a little harder themselves. CHAIRMAN STRAIN: Mr. Schmitt, one statement you made -- I was wondering what board you're attending when you say we only meet twice a month. We're meeting a lot more than twice a month. MR. SCHMITT: Schedule meetings twice a months. You meet more than that. If I look at my calendar, I've got a lot of yellows on August. CHAIRMAN STRAIN: Yeah, we have six meetings or seven. MR. SCHMITT: Yeah, six or seven this month. CHAIRMAN STRAIN: And they will be lengthy. Okay, with that we're wrapping it up. I think there can't be any public discussion, everybody's vanished. I think it's ironic that the two people who were interested in hearing what we might do with this boat thing didn't stay long enough to hear it. I wish they had. But l'l1 be seeking their assistance separately. COMMISSIONER CARON: Just so you know, they asked whether or not any final decisions were going to be made today or if they could listen to that portion of it on the television. Page 54 161 184-- August 7, 200S CHAIRMAN STRAIN: Oh, good. COMMISSIONER CARON: And I said there will be no final. Anything that we would decide today will have to come back for a public hearing, so you're more than welcome to listen to it. CHAIRMAN STRAIN: Yeah, I would like their input. But anyway, that's fine. Hearing none, is there a motion to adjourn? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Mr. Adelstein made the motion. A second? COMMISSIONER VIGLIOTTI: (indicating.) CHAIRMAN STRAIN: Mr. Vigliotti. All in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. We are adjourned. Thank you. Page 55 16 I 1 a+ August 7, 2008 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :33 a.m. COLLIER COUNTY PLANNING COMMISSION i I ,! , i \" / ,,I . 1/..,-__ ,,' " I C(f L l . \,L~~ MARK P. STRAIN, Chairman These minutes approved by the Board on .';u(,1t" , corrected ' /?,ft , :'1 _ U"C (..> ~ (j)j" , as presented / or as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 56 161 1St.; August 13, 2008 LET IT BE REMEMBERED, that the Collier County Planning TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION CYCLE I LDC Fiala Naples, Florida Halas August 13,2008 Henning I Coyle Coletta ,;/ RECEIVED SEP 2 4 2008 Board ot County Commissioner:;, Commission, in and for the County of Collier, having conducted business herein, met on this date at 5:05 p.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Lindy Adelstein (Absent) Donna Reed-Caron Tor Kolflat Paul Midney (Absent) Bob Murray Brad SchifIh Robert Vigliotti David J. Wolfley ALSO PRESENT: Jeffrey Klatzkow, County Attorney Susan Istenes, Planning Director Catherine Fabacher, LDC Manager Mise Corres: Oate: item#~ Page 1 l~.i('S to 16 1 1 a 4 August 13,2008 CHAIRMAN STRAIN: We're about to get started, and I've still not got a hot mic. MS. ISTENES: l'l1 turn you up a little bit. CHAIRMAN STRAIN: Everybody here? How's that, better? There you go. In case you're wondering why we have to start at 5 :05, I would be the last to know. I think it oughtto be 5:07 or 5:1 1. But 5:05, I don't know how that got picked, but anyway-- MR. KLATZKOW: It's supposed to be after 5:00. CHAIRMAN STRAIN: Oh. 5:01? If you'll all please rise for pledge of allegiance. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL BY THE SECRETARY CHAIRMAN STRAIN: Okay, roll call by our secretary. COMMISSIONER CARON: Okay. Mr. Kolflat is absent. Mr. Schiffer? COMMISSIONER SCHIFFER: Present. COMMISSIONER CARON: Mr. Midney is absent. Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein is absent. Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: And Mr. Wolfley? COMMISSIONER WOLFLEY: Here. CHAIRMAN STRAIN: Thank you. Item #3 PLANNING COMMISSION ABSENCES CHAIRMAN STRAIN: Planning commission absences. For those of you who do not know, after the end of last meeting Commissioner Adelstein submitted his resignation. He has issues he's going to be dealing with and he needs more time than this board could afford, so he will no longer be with us on this podium. Although he will be certainly in our thoughts. He was a very good member of this planning commission and hung in there for long many years with us, so I know we'll all miss him. The absences coming up. We have a meeting on the 19th on the GMP adoption book that you all should have rcceived either yesterday or today. It's about a three-inch book. But in that packet you'll find I believe six items for adoption. Of the six, only three will be discussed on the I 9th. You'll notice -- if you haven't got the agenda, it should be in your e-mails when you get home today. You'll see several items being continued. And I'm bringing this up to you now so you all don't waste a lot of time reading items that aren't going to be heard on that day. Page 2 16 I 18 ~ August 13, 2008 The only ones that I believe are going to be heard are 4-A, 4-D and 4-E. That will make the day a bit shorter. But my next question is, pursuant to the time frames in which you all received the book, and knowing that next Thursday we have a planning commission meeting and you'll be receiving another book tomorrow, is there anybody here who -- MS. F ABACHER: Excuse me, we're going to give that to you tonight. CHAIRMAN STRAIN : You're going to give us the regular hearing book for next Thursday? MS. F ABACHER: It's right here. Whenever you're ready. MS.ISTENES: No, that's for the 28th. MS. F ABACHER: Oh, I'm sorry. MS.ISTENES: We're going -- CHAIRMAN STRAIN: Okay, well, let me back up then. MS. F ABACHER: I confused -- CHAIRMAN STRAIN: We have a regular hearing on the 21st. With that we have three or four-- there's more on the agenda, but I'm going to get to that in a minute. There will be three regular items, two consent items and the noise ordinance. So you'll be getting that book tomorrow. That one is a hearing that we have to have next Thursday. It will be our regular meeting. I need to find out from those here if all of you will have an adequate number of days to read the GMP amendments that will be on the 19th, which is next Tuesday. The three that I just reiterated. If anybody feels uncomfortable with that, I need to know, because we certainly want the time taken to read them adequately. Is everybody okay with that? Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I don't see a problem, I just have a question. On the 19th, according to my schedule, we're here from 8:30 to 12:00; is that correct, or-- CHAIRMAN STRAIN: Right. Well, I don't know that --I'm sorry, I shouldn't say right. I don't know the time frames. Does anybody know if it's -- we'll start at 8:30, we'll just go till we finish and -- MS.ISTENES: If that's what it says on your calendar, I'm going to say yes, because I know we've got to rearrange the rooms with other -- use of the room with other people, so that's probably all you have it reserved for. But l'll -- I can certainly check with Randy. CHAIRMAN STRAIN: Well, we only -- we're down to three items so I think that would hopefully be adequate time to get through the three. COMMISSIONER VIGLIOTTI: That's fine, I just want to check, because there was a contradiction last week. CHAIRMAN STRAIN: Okay. With that in mind, we'll leave the meeting set up like it is. Next Thursday -- yes, sir? COMMISSIONER SCHIFFER: Mark, I may not be there on the Tuesday morning. CHAIRMAN STRAIN: Okay. Well, I know we -- the five of us, everybody here, plus we have other members who may be here, so we'll at least have a quorum, so that will work. As far as next Thursday, we have an agenda for two consent items, and there's been a request to continue two items. And l'lljust let you know those so you'll get confirmation of these bye-mail if they are followed through with a confirnmtion from the applicant. But applicants have requested a 9-C and a 9-E continuation. I'm telling you that now so you don't waste a lot of time rcading and researching those two items. And the rest will stay on the agenda. Does everybody here plan to be here next Thursday? Page 3 161 18i August 13, 2008 COMMISSIONER SCHIFFER: Yes. COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Okay, we're good to go. Next Thursday is also the noise ordinance too, so that will certainly have a longer, interesting conversation in the afternoon by the time we get there. Item #4 ADVERTISED PUBLIC HEARING -- LDC CYCLE L CHAIRMAN STRAIN: And with that, we'll move into our advertised publie hearings for this evening. And this is the continuation of the LDC Cycle I, 2008. Our first meeting was a couple of weeks ago or so. We continued it to tonight. We have seven items on tonight's agenda. And Catherine, l'lllet you take us through them. MS. FABACHER: All right, certainly. Thank you. Good evening, Commissioners. All right. On your agenda, we're first going to go with amendment to Section 4.07.02, design requirements for PUD's. It's on Page I in your package. And this is Phil Gramatges, interim Director of Public Utilities Engineering, and he's here to present this amendment. MR. GRAMA TGES: Good afternoon, Mr. Chairman, Commissioners. I'm Phil Gramatges, Public Utilities Engineering, and I'm here to answer your questions. CHAIRMAN STRAIN: Well, those are the best kind of presentations in this atmosphere. That's good. This one is just two pages, Pages I and 2. We'll take them -- anybody have any questions concerning those two pages? Ms. Caron? COMMISSIONER CARON: Yeah, I'm not sure why this is even needed. Number four on -- this is on Page 2. If you look at number four, it already is a requirement. It says it shall be required to be dedicated to public use. As long -- all we have to do is prove that it's directly related to the impacts created by the proposed development. I'm not sure why we're suddenly turning around and giving them credit for something that's a requirement today. MR. GRAMATGES: Commissioner, the idea behind this change is to provide an incentive to the developers to donate land that could be utilized, that would be utilized for -- specifically for raw water wells. And what it does is provides them with a credit equal to twice the size of that easement towards this requirement for useabIe open space. I was looking for the right word, excuse me. So in fact what we are doing is we know that there is a requirement for usable open space, and what this is doing is giving them credit for the amount ofland -- (Commissioner Kolflat enters the boardroom.) MR. GRAMA TGES: -- that they are giving the county for the use of the well. In other words, that land that they're providing that -- twice the size of that land will be excluded from the requirement for the usable open space. COMMISSIONER CARON: Okay. I do want to ask the County Attorney about this, because I think that four is very clear that it says an appropriate percentage of the gross project area shall be required to be dedicated. It doesn't say shall be required to be paid for, shall be required to add incentives for, shall Page 4 161 IB~ August 13, 2008 be required to anything. It says it shall be dedicated if, and here's the catch here, is the amount of the area dedicated is directly related to the impacts created by the proposed development. Which certainly only makes sense, if you cause -- CHAIRMAN STRAIN: But I think-- COMMISSIONER CARON: -- impacts. CHAIRMAN STRAIN: -- where the problem's been is the utility department has been coming forward to this commission and to the board, obviously, with a request for well sites. And we have asked them in many instances where the well sites -- how they're -- where the rational nexus is. And I think the language youjust quoted becomes the problem, not the solution. COMMISSIONER CARON: No, I think that's not true. What happens is they've not been able to give us reasons. We've asked them, why do you need that well site, what -- is this development actually impacting this. And they have not been able to answer that question for us. If they could, then it would just be a requirement to have that land dedicated. But they've not been able to give us that answer. MR. KLATZKOW: Yeah, I understand your concern. I was actually the genesis of this, because I've noted both the Board of County Commissioners and this board has not been happy with some public utility requests for wells. And the idea was if you didn't have that nexus that's required to do it, okay, it was considered by some to be an extraction. So the idea was instead of public utilities having to go out and paying for the sites, that we would give a developer incentive to give us the sites for free. And what they would get then would be a credit against their open space requirements. But you're right, you're right the way it's structured. And I think it would be best, instead of this being 4.A, we should do this 5 with an introductory clause where it's not required that it be dedicated pursuant to parab'faph four, but in such event, and we could go on with the rest. So in other words, the first one sort of n if you have a very large development that requires the wells, then they fall into four. If they don't fall under four but public utilities still wants the wells, then they can trade the open site. I fully understand your concern, and what we'll do is we'll just restructure it. MR. GRAMA TGES: We can do that. COMMISSIONER CARON: That makes more sense to me, Mr. Klatzkow, because you already have a rational nexus in four. And the rational nexus is stated there very clearly in that the impacts created by the proposed development require this. So that -- you have a rational nexus. Again, like Mr. Strain said, when they would come before us, they were not -- on some of these I think they were asking everybody, no matter whether there was an impact or not. And so if you can cover that in five that way, then that makes sense to me. CHAIRMAN STRAIN: Are there any other comments on this one? (No response.) MS.ISTENES: May I ask for a point of clarification on that change? CHAIRMAN STRAIN: Well I was -- go ahead. I haven't even asked my questions yet. MS. ISTENES: Oh, I'm sorry. CHAIRMAN STRAIN: No, go right ahead. MS. ISTENES: Let me make sure I understand. Because the way it's -- I think the way I understood you to say it is when there is not a requirement then you're going to give this incentive; is that correct? MR. KLATZKOW: Yes, that's the idea. MS. ISTENES: Thank you. CHAIRMAN STRAIN: Okay. And I can't recall, and I've been sitting on this board for a while, Page 5 161 IBtp August 13, 2008 at any point that we've ever shown there's been a rational nexus to the request that's come forward. Some have gone through and some have not. I understand what we're trying to do, instead of 4.A, it will be 5; and A will be replaced by 5 and we'll have a ncw paragraph. But we're almost back into the same Catch-22 we currently have. If you recall, every developer that comes in here currently being requested to provide these sites is not doing so because of a rational nexus, it's being -- doing so because they're pressured into calling it a donation. And l'l1 -- now, they're not willing to say that on the record. I've spoken to enough people off record to know that there's a lot of pressure put on people to agree to do this to get through the system. By using this new paragraph five with the reference to a donation, I'm concerned that we're providing exactly the opportunity that we'vc been trying to avoid, and that is if you need money to pay for this, then raise impact fees or do whatever you have to do. And I'm not advocating that, I'm just saying the aboveboard way to do it in my opinion is to do it straightforward. You get an appraisal on the amount of property you want, you pay for it fairly, you pay for it out of your budgets in any way you can, and jfyour budgets need more money, you request that money increase or the Board of County Commissioners will adjust your budget accordingly. I don't think this reference to a donation helps the process. I think everybody's going to be forced to do a donation. And that's kind of where this whole thing started, from my perspective, so -- MR. GRAMA TGES: If! may, Mr. Chairman? CHAIRMAN STRAIN: Sir. MR. GRAMATGES: This is a voluntary donation, this is not something that would be required over every development. The developer may choose to take this route, they may choose to request that we pay for it. CHAIRMAN STRAIN: I understand. And currently every development that's come forward has told us they choose to taken (sic) this route. Because as I'vc been told off record, they've been pressured by your department to do so. So I don't really see this as a solution to that. I would rather see that the language be changed so that the idea of a donation is taken out. And that if you want additional land, you pay for it fairly or you provide an impact fee credit, just like other departments do for takings like this. And I don't know why we wouldn't want to have that above board and do it that way. MR. GRAMATGES: If! may, sir, I may remind you that the board has instructed us at a certain point in time, which unfortunately I can't mention right now because I don't remember, that we should pay for these donations -- we should pay for these easements, unless of course the owners of the developments were willing to donate the easement or donate the land on fee simple. We are undcr instructions by the board to either pay for these lands or to request them as donations. But obviously, as you have seen, quite a few of the PUD's that have come before you in the past have requested that we pay for them, and we certainly have agreed to do that. CHAIRMAN STRAIN: Okay. Well, my concern is the word donation. And, I mean, I still have a problem with that. If the county attorney -- we're going to have this come back with a reformatting anyway. If you'd want to look at that, that would certainly help my concerns. I don't know about the rest of this panel. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: We keep saying donation, donation. It seems like every PUD or every developer comes through here. And they do donate it. Of all the donated sites, how many do you use? And if you had to go pay for them, would you necessarily need that many? MR. GRAMA TGES: We havc not -- we started this process relatively recently, and it takes a Page 6 ~~glst 13~2~0~ long time for us to develop a wellfield. The way in which we're going about it is whenever we see the opportunity to request land in an area that we know is favorable for the development of a field, we request it. However, though, ifthere is only one or two easements in the general area, it's generally not financially feasible for us to put the necessary infrastructure to take all that raw water all the way to the plant for us to use. So we have to wait until we have enough of these to justity making the development or doing-- making the investments. These are investments for the relatively long term. We have not, as far as I recall, used any of these so far. COMMISSIONER VIGLIOTTI: I guess my question is, if you had to buy each and every site that's donated to you, would you do so? MR. GRAMATGES: Ifwe had to buy -- we would have -- certainly money is not abundant, so we would have to be very careful as to what we request and what we do not, to be sure. There are some in fact that we have requested have been donated and we have returned to the owners, because we have not seen after a certain period of time that there is any possibility that we will have any more wells in the area. So yeah, to answer your question directly, we would probably not request as many. CHAIRMAN STRAIN: Well, you just said something that's troubling. These sites, the ones that did go through, are always conditions of the PUD's. MR. GRAMATGES: Yes. CHAIRMAN STRAIN: Your department can't decide those are no longer conditions. That's a zoning matter that helps this board determine whether or not that site was qualified to get what they were seeking. So if you've been doing this, I don't know who should be looking at that, but that's not the way the process is supposed to allow. Staff has not got that right. Go ahead, sir. MR. GRAMA TGES: Mr. Chairman, we -- I know of only one instance where this has happened, and this was a reapplication. It went before you previously with a well, and the second time it went without the well. CHAIRMAN STRAIN: If stafl' -- you're clarifying the record then staff is not un-donating-- unaccepting these contributions then. Because honestly, that's not the process I believe you have to go through to do it. MR. GRAMA TGES: No. In order to clarity the record, let me say that the only way in which this will happen is if the person that is presenting the PUD would request it previous to a re-review by this board. CHAIRMAN STRAIN: Okay. Because it would have to be -- this board makes a recommendation and the BCC is the one that makes that decision and nobody else. So I just want to make sure we're understanding you correctly. MR. GRAMATGES: You're absolutely right. I'm sorry if I misspoke. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Phil, how big are these sites typically? MR. GRAMATGES: I beg your pardon, sir? COMMISSIONER SCHIFFER: Sites, how big are they typically? MR. GRAMATGES: They vary, depending on whether or not they are going to have a -- we foresee that they will have a generator or not. Generally they're 100 by 100. COMMISSIONER SCHIFFER: And then maybe Susan, you can answer this. Page 7 161 IBf August 13, 2008 Susan, in the site plan are these sites taken as open space when you're calculating ground cover and open space? MS.ISTENES: I'm not quite sure I understand your question. COMMISSIONER SCHIFFER: Well, in other words, in calculating the open space of a PUD, if this site was on it, buildings are on it, driveways are on it, would they be calculated as every other building in terms of open space and ground coverage? MS.ISTENES: Yes. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Okay, I think staffs got direction this needs to be modified a bit. You're going to come back again with it. Is that suitable? Okay, with that we'll move -- is there any public speakers on this one? MS.ISTENES: No registered speakers. CHAIRMAN STRAIN: If anybody in the public wishes to speak, we're pretty informal because there's not a lot of you in here today, so just kind of raise your hand and let us know and we'll recognize you. Although there are speaker slips available either way. Catherine, the next one is 5.05.12, Pages 3 through 10; is that correct? MS. FABACHER: That is correct, sir. And it will still be Phil. CHAIRMAN STRAIN: Okay, we'll start with -- Phil, I suppose your presentation is going to be as complete and comprehensive a~ it was in this last one. MR. GRAMA TGES: Absolutely, Mr. Chairman. CHAIRMAN STRAIN: Thank you, sir. Pages n well, let's just take the whole document. We'll go in order. Questions? Ms. Caron? COMMISSIONER CARON: Yeah, we are going from using the terrn raw water wells to public utility ancillary system. I'm not sure, but I think we're paying a consultant to rework our Land Development Code in order to make it actually be English so that peoplc can understand. I don't know why we're using words like public utility ancillary system. You ought to define it then somewhcre, and it's going to say raw water wells. So I'm not sure why we're making that change. MR. GRAMA TGES: If I may, actually the idea behind using ancillary systems is that raw water wells was too restrictive. We don't request or -- we don't request easements only for raw water wells. We have to realize that we have lift stations for sanitary sewer use. We also need other equipment such as pump stations, as repumping stations. We need antennas to be able to communicate through our SKATA (phonetic) system with this pump station and this well station. In other words, the term raw water well was too restrictive, when in reality we have a lot of appurtenance ancillary systems, if! may, that fall under the same category. And the idea behind this change is to streamline that process. Because at this point in time is an wmecessarily lengthy process involved with a lot of documentation that is -- in our view falls under the same category of the raw water wells. CHAIRMAN STRAIN: Anything else, Ms. Caron? COMMISSIONER CARON: Not on that. As we go. CHAIRMAN STRAIN: Okay. Mr. Murray? COMMISSIONER MURRAY: On Page 5, near the top on 6, talking about that, particularly n I guess that's the second sentence there, ancillary systems that are physically located on a water and wastewater trcatment property. And the emphasis I'm placing is on are not required to be individually fenced and landscaped. Page 8 161 1St August 13, 200 Can you give us an idea of why that was necessary in here? The assumption could be that it's enclosed overall with a fence. But is that true? MR. GRAMA TGES: No, it's not. The idea is that these are integral parts of a particular plant. Let's take for example raw water wells, which was already approved in the LDC. The raw water wells are physically connected to a water plant, because they supply that water plant. So whenever you need a well that is connected to that plant, instead of going through the entire SDP process, which is lengthy, which requires a lot of contribution from CDES and is costly for the rate payers, we use it as an SDPI. In other words, it's an insubstantial change. Because in essence this is a piece of equipment that is necessary in order for that plant to work. So in other words, what it's doing is considering those equipments, even though they may be located away from the plant, to be indeed part of that plant. COMMISSIONER MURRAY: The question of safety was the basis for my question to you. Is there any indication of safcty, matters there? Is there a concern for children, animals, what have you? MR. GRAMA TGES: Well, these wells need to be protected. They need to be fenced and they need to be protected from vandalism, and certainly in an extreme case from terrorist attack. COMMISSIONER MURRA Y: I'm confused then, because it says, are not required to be individually fenced and landscaped. And when I asked you if it was enclosed overall with a fence you said no, not necessarily. MR. GRAMA TGES: Well, I'm sorry, I misunderstood. When you said that, I understood that to mean that they would be enclosed within the same fence system that the plant has. No, they would be enclosed in a fence. They would have to be protected in some manner. COMMISSIONER MURRA Y: But this is an attempt to avoid having to put a fence on them. That's what I'm trying to understand. You specifically in this particular sentence are looking to avoid the expense of a fence, which I can appreciate. My concern is rooted in safety, and so I'm trying to understand. And what you've related to me seemed reasonable, but I'm not sure now. MR. GRAMA TGES: Actually what this particular paragraph -- and I assume you're talking about the one that says ancillary systems that are physically located on a water or wastewater treatment property are not required to be -- those are ancillary systems that would be enclosed within the fence of that plant. COMMISSIONER MURRA Y: Okay, so that-- MR. GRAMATGES: So we don't have to have a fence within a fence. I'm sorry if! misunderstood. COMMISSIONER MURRA Y: I apologize. Perhaps I didn't say it properly. CHAIRMAN STRAIN: I think a way to compare them to what we're used to hearing is sayan accessory use to a utility plant, basically. And accessory uses to buildings arcn't separated, and I think that's where he's trying to go. COMMISSIONER MURRA Y: Yeah, I'm thinking it should be enclosed within a greater fence, rather than having a potential problem. Okay, just want to be clear. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Catherine, you were-- MS. FABACHER: I'm sorry. If you want, I could kind of give you a little background of what the whole thing's about, but if you don't need that, that's fine. CHAIRMAN STRAIN: Catherine, we want to get through tonight. And if we don't ask the question, let's not volunteer to confuse us. MS. FABACHER: Okay. Page 9 lu~us~ 13JO~8 t CHAIRMAN STRAIN: Any other -- Mr. Kolflat, then Mr. Schiffer. COMMISSIONER KOLFLAT: Yes. Getting back to this public utility ancillary system paragraph. You refer to a quasi public entity. Can you give me an illustration of what is a quasi public entity? MR. GRAMATGES: Generally it is a utility. There are some utilities, for example, Immokalee, that it is a -- I would consider to be quasi -- I suppose I could ask the county attorney to explain that a little bit better, because it's more of a legal tcrm. But it means that any utility, whether it is necessarily a public utility or private utility, would be included. COMMISSIONER KOLFLA T: And it might be both, you mean a little private and a little public combined; is that what you mean by quasi public? MR. GRAMA TGES: No, I think it means that it is a private utility that provides public services. CHAIRMAN STRAIN: Would that be one controlled by the PSC? MR. GRAMATGES: It would be certainly controlled, yes. CHAIRMAN STRAIN: There's a public services commission that sets rates -- COMMISSIONER KOLFLAT: And that would be the quasi. CHAIRMAN STRAIN: -- handles utilities, and that may be part of the way that's required. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Any other questions on this section? Mr. Schiffer? COMMISSIONER SCHIFFER: Phil, on Page 6, architectural standards, one of the things you're trying to get rid of, the last one, is the requirement that you can't run a wall greater than 50 feet. Is that something you can't -- why can't you meet that? And if your sites are like 100 feet, I'm not too thrilled with the fact we'd have 100-foot walls and things. It's on Page 6 at the bottom, right at the bottom. MR. GRAMATGES: Yeah. However, though, the language that you refer to is language that is already in the regulation. It's not one that we're changing. I suppose you're referring to this phrase that says, shall not have any wall planes exceeding 35 feet in length? COMMISSIONER SCHIFFER: No, actually I was down below looking at it. So what you're saying is that down at the bottom those references to the architectural standards are purely just scrivener corrections, or are you adding anything there? MR. GRAMA TGES: No, the only language that we're adding is the language that is underlined. And the language that we are eliminating is the language that is crossed out. The rest of it is already there in the ordinance. CHAIRMAN STRAIN: But I think where you're going, Brad, he's seeking another exemption from a different section of the code. Instead of 5.05.08.C.3, he's now got 5.05.08.D.I. And then in the other one he's referencing a subsection b. And I hadn't -- did you check those out at all? COMMISSIONER SCHIFFER: Yeah. I mean, one's a standardized design and one is the running of the length of the wall. You know, I can't -- the computers won't come up so I can't reference to see if that's adding something or just a scrivener fix. Do you know, Catherine? MS.ISTENES: I can pull it up right now if you don't know, while you all are talking. MS. F ABACHER: I can't remcmber. John? Where's John? Page 1 0 161 18+ August 13, 2008 CHAIRMAN STRAIN: While we're waiting for that to be done, are there other questions on this (sic) seven pages? (No response.) CHAIRMAN STRAIN: Phil, if we go to Page 5 and we work our way down halfway through paragraph six where it's underlined, palms may be replaced or supplemented with small native trees to enhance screening. Small native trees. I don't know how that's defined in our code. Do we have a reference to a small native tree? Small can be -- and small groves. So I'm just wondering why we need the small in there. Could we just say native trees? MR. GRAMA TGES: I don't see why not. CHAIRMAN STRAIN: You don't have a way of defining-- MR. GRAMA TGES: I don't see why not. CHAIRMAN STRAIN: Okay. And in A you changed the first word, native plant materials shall be used instead of must be used. But on the third line then we say chosen plant materials must be consistent with the existing native vegetation. Just a scriveners issue, if you're going to change shall in the first one, why wouldn't you change it in the second one? MR. GRAMATGES: I don't see why not. CHAIRMAN STRAIN: It just reads better. On Page 7, top of the page, A, applicability, if you read to the third line, the third line says, system of physically interconnected infrastructure, including but not limited to. Then it goes on listing a bunch of things for two lines. And then -- and there's a comma that then says -- picks up shall be considered. Prior to the word "shall" and after the word "to", if you crossed all that out and replaced it with public utility ancillary systems, wouldn't that accomplish the goal in a simpler manner and be consistent with the definition you're trying to introduce? MR. GRAMATGES: We can effect that change. CHAIRMAN STRAIN: Ijust think it would be more consistent with the rest of the document, if you don't have a problem with that. MR. GRAMA TGES: I don't see a problem. CHAIRMAN STRAIN: The next line after the word shall, it says, collectively located on-site, as that term is to be applied in the GMP/CCME Policy 6.1. I. and 6.1.2. I've pulled those CCME sections and I have them with me. And I did a word search, and I can't find where this reference would be applicable. Thc only reference [ find is on-site and off-site preserve areas shall be protected by a permanent conservation mechanism. And I'm not sure how that fits this definition. So I think your references to the CCME need to be revised, unless someone else has an answer to that question. MR. GRAMA TGES: We will take a look at that. CHAIRMAN STRAIN: On Page 9, Item B.2.d., sixth line down, it starts with the word are, and then the word ancillary is struck and the word subordinate is put in. And I'm just wondering what this means in regards to distances from the main plant. MR. GRAMA TGES: Mr. Chairman, if I may, sir, can you tell me again where you're looking at? CHAIRMAN STRAIN: Page 9, B.2.d. MR. GRAMATGES: 2.d. CHAIRMAN STRAIN: Right. The sixth line. You struck the word ancillary and put subordinate. Now that this has been highlighted by this change, it brought to question, if you're looking for Page 11 161 IB+ August 13, 2008 insubstantial changes for public utility ancillary systems that are subordinate to the main plant, how far away can they be and still be subordinate? Or is the intention to be on the site that the main plant's on? MR. GRAMATGES: No, they could be as far away as they need to be. I mean, they could be very distant but physically connected to the plant. And I believe that the reason why we eliminated the word ancillary here is because it doesn't -- it's not good English to say it twice in the same word (sic). CHAIRMAN STRAIN: I understand. ljust was curious as to how far now subordinate can be before it becomes an insubstantial change to an SDP on a site that could be a mile or two away. Is that -- I mean, like 95 I with those pump houses that lead up from your main plants, those pump houses would be applied under an SIP to the original SDP for the main plant? MR. GRAMA TGES: That's correct, sir. In fact, we did apply it for those particular wells. And they are -- the most distant one is six and a half miles from the plant. CHAIRMAN STRAIN: Okay. I thought that was the application, I just wanted to understand it, because it seemed to be the one that stood out. Any other questions? (No response.) CHAIRMAN STRAIN: I think we need to have this -- you had some corrections needed, proper references to the CCME and some of the language corrections that are minor. But if you could have it come back with those corrections, I think that would solve it. Everybody comfortable with that? Susan, did you find your LDC reference? MS.ISTENES: Yes. 5.05.08.D.I, which is being added. And I'm not really sure; l'll read it to you. But D, category heading is design standards for specific building uses. And 1 says standardized design buildings must meet the provisions of this code. I'm not sure what you're trying to exempt yourself from there exactly. And then the second one, D.2.b, which was added, is screcn walls. When a wall is proposed to screen a facility, it must be constructed of material similar and complimentary to the primary building material and architecture. Long expansive wall surface shall be broken into sections no longer than 50 feet, and designed to avoid monotony by use of architectural clements such as pillars. MR. GRAMATGES: We simply-- CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Phil, was the intent with the standardize is you want to make one design for all the facilities? I mean, that's kind of what that would bc. MR. GRAMATGES: That's what we are trying to get at. We have a hodgepodge of different designs everywhere. If you look at the well that was built 10 years ago vcrses one that's built now, they're very difficult. We'd like to standardize that. Unfortunately I need to go back on those sections, I didn't bring them with me, and -- to be able to give you a more complete answer. But in essence that's what wc are trying to accomplish. We're trying to simplity, not complicate. CHAIRMAN STRAIN: I think you ought to go back and look at those sections, and when you come back with a rewrite, if you need to change them, that would be a good time to do it. MR. GRAMA TGES: Absolutely. CHAIRMAN STRAIN: Anybody else have any questions with these pages? (No response.) CHAIRMAN STRAIN: Okay, thank you, sir. MR. GRAMATGES: Thank you. CHAIRMAN STRAIN: Next one is Section 3.05.07. It starts on Page 121 and goes to Page 128. Page 12 161 IB~ August 13, 2008 MR. KLATZKOW: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. KLATZKOW: Some of these you've indicated you want to see back, others I don't know if you want to see back. I don't know if you want to see the next one come back to you. If you do not want to see it come back, you might want to make your motion to recommend individually. CHAIRMAN STRAIN: Right. That's why the first two we didn't make a motion, because we're -- it's going to come back. And we will-- if we get through one and the changes are minor enough it doesn't need to come back, we'll make a motion then to recommend. MR. KLATZKOW: So you want to see this next one back? CHAIRMAN STRAIN: The last two we did, yes, have to come back. Yes, sir. The references in the code and the CCME both seem to be wrong. We need to get that-- MR. KLATZKOW: I understand. CHAIRMAN STRAIN: Okay. Okay, yes, ma'am. MS. O'FARRELL: Good evening, Commissioners. I'm Susan O'Farrell from Collier County Code Enforcement. I'm an environmental specialist, and I'm here to ask for a change to the Land Development Code or an amendment in terms of our preserve management and exotic vegetation removal I believe you have in front of you. So if you have any questions, I'd be happy to answer them. CHAIRMAN STRAIN: You're following Phil's trend. That's a-- MS. O'FARRELL: Yes. CHAIRMAN STRAIN: -- good sign. MS. O'FARRELL: I want to go home, too. CHAIRMAN STRAIN: Questions of the -- of Pages 121 through 128. Who would like to start? Mr. Murray, then Ms. Caron. COMMISSIONER MURRAY: Hi. MS. O'FARRELL: Actually, I'm sorry, can I just amend what I just said? And I have two very insubstantial changes that we wanted to make. The wording in 3.05.07.H.1.g.ii should also be repeated in the same wording in 3.05.07 --I'm sorry. CHAIRMAN STRAIN: Can you give us page numbers to correspond? MS. O'FARRELL: I'm sorry. Yeah, it's on 120. It's the preserve standards. And then we go into preserve management plans. CHAIRMAN STRAIN: You mean I22? MS. O'FARRELL: I'm sorry, mine's on 120. The wording in the two separate sections of the code should be the same is what I'm trying to say. So in 3.05.07, preservation standards, and in 3.05.08, what is underlined should be exactly the same. CHAIRMAN STRAIN: Right. And Pages 122 and Pages 126 need to match. MS. O'FARRELL: Yes, thank you. CHAIRMAN STRAIN: Mr. Murray, then Ms. Caron. COMMISSIONER MURRAY: On Page 122, or whatever that number is you have there, under ii, toward the very bottom where it speaks to any person who directly supervises up to eight people. Could you tell me, suppose they supervise nine or 10. I mean, why did we land on eight? I know typically seven is the span of control we ordinarily recognize, but I can see that it could be different. But why eight, and what happens if it were nine? MS. O'FARRELL: The Florida statutc for this certification is for eight people. Up to eight Page 13 16.1 IB<r August 13, 2008 people, the Florida statute for this certification. And if it were nine people, then they would have to have two people who supervise with that certification. COMMISSIONER MURRA Y: So not to split hairs, but suppose you had a crew and the crew was 11 people, three of whom, you know, did something else, or four of whom did something else. The point I'm getting at, that you have workers, they're all people there -- MS. O'FARRELL: Right. COMMISSIONER MURRAY: -- but you're focusing on the workers, are you not, the ones who are directly involved in the -- MS. O'FARRELL: The ones who are actually applicating? COMMISSIONER MURRAY: -- task? Yeah. Well, that's what came to my mind, eight people leaves it -- I mean, it's understood presumably, but I'm not sure. MS. O'FARRELL: Well, I think it's written that supervises up to eight people in the application of pesticides. So if they had 11 people on their crew but only eight people or six people were applying the pesticides, then that one certificate would cover those people. COMMISSIONER MURRAY: I'm not trying to split hairs on it, but -- MS. O'FARRELL: I did want to mention, though, that my stakeholders that I have in the county staff feel that the word directly should actually be removed. Because I don't -- I believe that if, for instance, as you're saying, splitting hairs, if we have a foreman who's on the site and he's supervising eight people, I don't believe he should be the one that has to have the certification, because I don't believe he would be necessarily doing the training. Or we don't believe that. It should be the project manager -- there should be, rather than directly supervising, which implies that they're on the site with the people, which would be prohibitive in cost for most of the companies, it should be supervises. COMMISSIONER MURRA Y: I wouldn't quibble on that, but I would n you've just opened up a very significant question. It seemed to me if the state had anything to do with it or anybody concerned with pesticides, herbicides applications, you would think that the person who's on site who has the best chance of providing good maintenance, good, effective coverage and avoiding mishap would be the person you'd want to have the knowledge, the intimate knowledge of. So you're disagreeing with that. MS. O'FARRELL: Well, I think that to explain how we're looking at it is that this certificate is required by thc Florida state only for restricted use pesticides. And that's why they're saying that that person should be directly supervising. Whereas, we're asking for it for pesticides that are not on that restricted use list. COMMISSIONER MURRAY: Okay. I understand you. But I'd aver that it's rare that project managers make accidents using materials, so -- MS. O'FARRELL: But it is the project managers who are responsible for training their employees. COMMISSIONER MURRA Y: I got it. I understand you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Because n and that was my question, the two sections don't match in terms of their language. Which one did you choose, or did you want to marry the two together and -- MS. O'FARRELL: It should be the first one that's in 3.05.07, the one that's a little more complete. COMMISSIONER CARON: In that regard then you'll want to take out the second "any" -- MS. O'FARRELL: Catherine? COMMISSIONER CARON: -- in that paragraph. Page 14 161 18 tf August 13, 2008 MS. F ABACHER: Myapoloh'Y. COMMISSIONER CARON: That's okay. CHAIRMAN STRAIN: Anything else from anyone? COMMISSIONER SCHIFFER: Well-- CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Mark, are we going to keep the word directly or are we going to MS. O'FARRELL: I would like to ask that it be removed on the part of my stakeholders and the other county staff that have looked at it. CHAIRMAN STRAIN: I don't have any problem seeing it removed. COMMISSIONER VIGLIOTTI: Neither do I. COMMISSIONER SCHIFFER: But what you're saying though is that if the chemicals are dangerous enough there's a state statute that requires the person who's responsible to be there when that application's occurring? MS. O'FARRELL: I think you misunderstood me. The state statute is for people who are applicating or applying restricted use pesticides. None of those restricted use pesticides are used in natural areas or in the aquatic wetlands or the LPSA, the littoral planting shelf areas. So what we're trying to do is control the use of small companies using Round-Up. I believe -- we believe they should be trained just as well as the people who are using the restricted use pesticides. COMMISSIONER SCHIFFER: And by taking the word directly out, you're stating that you don't want the requirement that the person who is the supervisor to be there during the application. MS. O'FARRELL: Right. COMMISSIONER MURRAY: I don't think you have any -- CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: How many problems -- first of all, why did you bring this before us? And how many problems have you had and what are the problems that you're experiencing that this was generated from? MS. O'FARRELL: I've had several preserves that have been destroyed by companies who didn't have the correct certification to spray pesticides. And I'm also finding that the companies who are maintaining those certificates voluntarily are being underbid and undercut by companies who come in with no certifications whatsoever. So that's why I'm trying to make it so that not only do we keep our preserves healthy and our aquatics and our littoral shelves healthy, but we also try and even out the playing field for all of the companies that everyone doing that kind of work in Collier County should have the same certificates. CHAIRMAN STRAIN: In those places where someone inadvertently wiped out the material, is it required to be replantcd? MS. O'FARRELL: Yes. And it's the property owner's responsibility, not the person who actually did the wiping out of the plant material. CHAIRMAN STRAIN: Of course assumingly the person that wiped out the plant material would have a contract with the property owner, and the property owner could then -- MS. O'FARRELL: But it would then-- CHAIRMAN STRAIN: -- force compliance -- MS. O'FARRELL: -- be a civil matter at that point. CHAIRMAN STRAIN: Yeah -- by the vendor. Page 15 161 18 if August 13, 2008 MS. O'FARRELL: Whereas as a code enforcement investigator, if I have a preserve that's coming in to -- you know, they're coming back into compliance because of some mishap, I can say -- using this, I can say to them, yes, but you have to have a company with a certificate and they have to show it to me before they start work. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Is there a motion on this particular one? And we have some minor changes. One change is that the language will match in the first part that's in the second part the word "directly" will be removed. If that's sufficient for everybody on this panel, I need a recommendation for Section 3.05.07. Before we do, is there any public speakers on this issue? MS.ISTENES: No registered speakers. CHAIRMAN STRAIN: Okay. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I'll makc a recommendation for approval with your changes and the changes you had asked for with sevcn and eight. COMMISSIONER WOLFLEY: l'll second that. CHAIRMAN STRAIN: Second by Mr. Wolfley. Is there any discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saymg aye. COMMISSIONER SCHIFFER: Aye. MR. MURRAY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries -- MS. O'FARRELL: Thank you, Commissioners. CHAIRMAN STRAIN: -- 7-0. Thank you. Before we go on to the next scction, I know Stan likes to be here in the evenings, I want to see how many people are here for your items before we spend -- because you've got quite a few pages. We need to address what the public's here for, if we can, first. We have really two general items coming up. One is submittal requirements and their time frames for submissions of SDP's, plats and improvement plans. That's one. And the second one is the estates setbacks. Anybody here for the submittal requirements for SDP plats and improvement plans? (No response.) CHAIRMAN STRAIN: Okay, so you're all here for the estates setbacks. Then we'll move into that one next. And before we go too far into that, I have for the record a series of e-mails and letters I've received from most of the -- in fact, all the civic groups that I know out there and civic leaders who are solidly against this particular petition, this amendment. l'l1leave a copy of those with Cherie' for the record. Page 16 ~~gJst 1 JaO~ I know you have gotten some bye-mail, Catherine. I think I've duplicated them in here. MS. FABACHER: Thank you, Commissioner. CHAIRMAN STRAIN: I have a series of citizens out there who have voiced concerns, some may be here tonight. So with that, whoever wants to discuss this. MS. FABACHER: Well, I'm kind of prepared to give you a report on the amendment, the background, how it came about and the feedback that we got when we took it to the civic association. CHAIRMAN STRAIN: Well, what civic association? Because none of the ones that I spoke to believe that they were approached with this. Do you know which one you took it to? MS. FABACHER: Yes. The GGEACA. CHAIRMAN STRAIN: Well, I've got a letter requesting-- MS. F ABACHER: Tim Nance. Tim Nance. CHAIRMAN STRAIN: I've got letters from them indicating they're not in favor of this. I've got letters from the Oakes Advisory Committee indicating they're not in favor of this. And I have letters from the Golden Gate Homeowners Association indicating the same thing as well. MS. FABACHER: Yes, sir. And what we were going to -- what I was going to do to update you was to give you that information, that the board direction -- that the feedback that we got was kind of diametrically opposed to what the board direction had been, which was to reduce some of the side setbacks to enlarge the building envelope so that most of the lot sizes had the same percentage of their lot that would be buildable. That's how we judged it to be equitable. But when I did go to the meeting, I think it was April the 18th before the organization, the Golden Gate Estates Area Civic Association, they overwhelmingly were opposed to it and they in fact wanted to increase the side setbacks on the nonconforrning lots, which would make it even, according to the board direction, less equitable. And as far as the other consideration too is this whole problem began over nonconforming structure. But if we were to change the side setbacks like they did on the 150 lots, then we would put I don't know how many hundreds of principal structures and accessory structures into nonconforming then. Our direction we felt we followed from the board, we wanted to bring this forward and the board insisted we put it in the packet again, even though you all were against it last time. So my direction was to put it in the packet so we could go forward to the board to get further direction and report on what we have discovered, which is what you're saying. And I'm not -- CHAIRMAN STRAIN: Well, thank you. And I appreciate you going to the civic groups, and we certainly n we can havc any discussion this board wants to have. I think it's the same situation we had last time. Ifthere is individuals who feel they have a need to change their side setback, they always have the opportunity of a variance like everybody else in the county, instead of changing the rules for everyone. So I would hope that would be the avenue they decide to take instead of this one. Is there any questions on this matter before we go to public comment? (No response.) CHAIRMAN STRAIN: We'll start with the registered speakers first, then we'll go to anybody else that wants to comment. MS.ISTENES: I don't have any. MS. F ABACHER: I have one, Mr. Chair. CHAIRMAN STRAIN: You have one first? MS. F ABACHER: I have one first. I have Pat Humphries. CHAIRMAN STRAIN: Okay, Pat Humphries. Page 17 16J 1R~ August 13, '<M8 And then sir, you'll be next. So all you have to do is come up and state your name for the record. And Representative Hudson will be after that and that gentleman there. MS. HUMPHRIES: My name is Pat Humphries. I'm a resident of Collier County for 30 years, resident of the Estates for 16. It doesn't make sense to me to change the LDC so one person can change the setback on his property. This amendment would be detrimental to the Estates, as it would compromise not only the existing home sites but the future home sites as well. There are still many vacant lots east of 95 I in the Estates. Also, this change would neutralize the concept of the rural residential characteristics of the Estates by allowing some very large dwellings to overshadow their neighbors homes. In some cases the situation already exists with the setback that is now in place, and we don't need to make it worse. I feel that we should protect this unique Estates lifestyle and discourage special interests from destroying it by changing anclJor altering the LDC. Thank you. CHAIRMAN STRAIN: Thank you, Pat. Sir, come on up and plcase state your name. MR. FLANAGAN: My namc is Jim Flanagan. I live at 280 22nd Avenue Northeast in Golden Gate Estates. I'm concerned about the way this was presented to the Golden Gate Estates Area Civic Association. It was presented to the group at a meeting that I was at as an equity issue between percentage oflot buildable areas. To me that's not the definition of why we have setbacks. Setbacks I think should be further investigated in terms of fire safety for the Florida fire safe defensible area setbacks of 30 feet around your home. I think if the setbacks are going to go fCJrward, that has to be an integral part of the study, to address what the setbacks should be. I also am against personally urbanizing Golden Gate Estates. Golden Gate Estates is a rural community. And so that I 5-foot setbacks would ccrtainly begin the instigation of urbanizing a rural community. I'm strongly against that. Those are my comments. I think this thing should be shut down and done forever. Again, I'm really concerned that somebody using what it should be, a variance process, has come to this board to change the LDC. And I think frankly that's an abuse of all these people's times and all the ef10rt it takes to go through public meetings, to present it to the public, to put the arguments out there, to bring it to this forum and to have it go away because it doesn't make sense. I don't understand why this stuff isn't shut down and having some kind of sense before it goes forward. So I just want to make that comment. I value your time, I value your opinion as planning commissioners, and I think they're really wasting some of these issues on your time. Thank you. CHAIRMAN STRAIN: Thank you very much, sir. And Representative Hudson, we certainly welcome your presence here tonight. It's rare that we have elected officials attend our meetings, so this is a nice chimge, thank you. REPRESENTATIVE HUDSON: Well, thank you. For the record, Matt Hudson, resident, Golden Gate Estates, 32 I 13th Street Southwest for 19 years. I find it almost mystifying that this would even be a topic of discussion, given the wildfires that we had this spring and thc loss of three residences in our community from wildfire. This is -- forget the variance, forget the LDC. This is a matter oflife safety. And that's what it (sic) should bc the prime focus. And to me government is about the health, safety and welfare of their Page 18 16 J 18tf- August 13, 2008 citizenry. And doing something like this creates a tremendous harm to life, safety and welfare of the citizenry of Collier County and Golden Gate Estates. There's a working group currently going on in Golden Gate Estates through the various civic associations, through the various fire departments and through the Bureau of Emergency Management to organize and to publicize the fire-wise efforts. It is enormously important, given what just happened last year. And until we can get the Everglades exchange to create that avenue for people to get out of the Estates, this is -- it's just -- again, it's mystifYing that this would have even been brought up or even pondered as a good idea. So I certainly speak against the possibility of doing this. And if you recall, Chairman Strain, back when we were on the Golden Gate Restudy Committee, we discussed even the possibility of adding staggers for 75-foot lots and things like that to allow better access for our emergency vehicles in the case of wildfires. I mean, this is a situation where, you know, 90 percent of the people don't have an adequate water supply for fire safety. And yet somehow this came forward? This is quite frankly a tremendous waste of your time, and I hope it never comes before you again. And I thank you for your time. And I appreciate your service. Because as I sit here and listen to the minuteness of details that you are working through on behalf of the citizens, thank you. It's good stuff. Keep up the good work. CHAIRMAN STRAIN: I certainly appreciate your time tonight. Thank you very much, sir. Next speaker, please. MR. SARNS: Hi. My name's Dean Sams, and I live at 321 1 58th Street Southwest. I moved down to Collier County in '79. And I appreciate all the work you do on these boards. It seems like the Estates zoning was created for relaxed living and having some livestock. And by reducing setbacks, you'll be placing larger restrictions on neighboring lots, as there's regulations of how far livestock must be from homes. And for fire safety, it's been said that you need 30 feet of clearance around your house. If you clear 30 feet and your house is within 15 feet, code enforcement will have a party with your neighbors' lots owner as they probably will not have a land clearing permit from things that you have done. Closer neighbors mean more code enforcement complaints for noise, for other things as neighbors try to use code enforcement to micromanage their neighbors. CHAIRMAN STRAIN: Thank you, sir. Thank you for your time this evening, sir. Are there any other people that wish to speak on this issue? (No response.) CHAIRMAN STRAIN: Okay, any questions from the commission? (No response.) CHAIRMAN STRAIN: Is there a motion? Ms. Caron? COMMISSIONER CARON: Yeah, I'm more than happy to make a motion that we do not transmit this to the BCC; that wc deny it. This did come before us before and we did do that one other time. If n because the BCC has asked you to bring this back and you're going to have to bring something to them, I think you need to reread what you've written here. Because if this had gone forward, it says 10 percent oflot width per side, not to exceed 30 feet. Why would we care, given all the issues, ifit were more than 30 feet? MS. F ABACHER: No, that's the minimum setback requirement. You can set back as far as you want. But I believe that's existing text. Because I think if you have a 330-foot wide lot, that means you only have to have a 30-foot setback. I believe that's existing. Page 19 161 181- August 13, 2008 CHAIRMAN STRAIN: That's the minimum, though. COMMISSIONER CARON: But that's the minimunl. MS. F ABACHER: The minimum. COMMISSIONER CARON: This says you can't exceed that. And that's not what you mean. MS. F ABACHER: Does it say can't? I'm sorry, it should say not to exceed. NTE. COMMISSIONER CARON: It says not to exceed 30 feet. MS. F ABACHER: That means that the minimum requirement is not to exceed 30 feet. If you want to set back 60 feet from the line, you can. This is saying that the -- COMMISSIONER MURRAY: Not to be less than. COMMISSIONER CARON: Yeah, we always do less than. MS. F ABACI-IER: Okay, we can change that. COMMISSIONER MURRAY: You have it backwards. COMMISSIONER CARON: Because I think it is worded-- COMMISSIONER MURRAY: That makes a difference. It's moot. A second's been made. COMMISSIONER CARON: n incorrectly. MS. F ABACHER: All right. CHAJRMAN STRAIN: Did you want to make a motion? COMMISSIONER CARON: Yes, I did make a motion-- COMMISSIONER MURRAY: I second it. COMMISSIONER CARON: -- prior to that statement. CHAIRMAN STRAIN: Guys. COMMISSIONER CARON: But the only reason that I brought that up is that somehow Catherine's going to have to bring this forward to the BCC. And it should be correct, at least in terms of whatever they have to bring back. And it will go with our recommendation to deny. CHAIRMAN STRAIN: Mr. Klatzkow? MR. KLA TZKOW: Yeah, just for clarification, the motion you made was not to transmit. I think you meant motion to deny. COMMISSIONER CARON: To deny. Yeah, I did correct that. CHAIRMAN STRAIN: Motion was made to recommend dcnial. There was a second by Mr. Wolfley. Is there any further discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. MR. MURRAY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Motion carries 7 -- anybody opposed? (No response.) CHAIRMAN STRAIN: Obviously not. Motion carries 7-0. Thank you all very much. Representative Hudson, thank you for attending and all the citizens as well. Appreciate it. By the way, the last item that we heard was 3.05.07, and we recommended approval. I'm Page 20 16 J 18 4 August 13,2008 assuming because it was consistent with the Growth Management Plan? COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Motion maker said yes. The second? COMMISSIONER WOLFLEY: Yes. CHAIRMAN STRAIN: Okay. Just wanted to make sure you intended it that way. Now, Stan, let's go on to Page 129. And they're all about the same, ifI'm -- in regards to what you're trying to do is basically extend time frames. MR. CHRZANOWSKI: Yes, sir. Good cvening. Stan Chrzanowski with Engineering Review. All three: One is for SDP's, one is for plat and one is for improvement plans. And rather than go with the precedence set tonight by others, as a quick background, long ago people noticed that we had plans that were approved that were lingering forever without being built. And at a time when we had two or three or sometimes four development code amendment cycles going per year, it was decided that after two years a lot of cycles had passed and a lot of rules had changed and we'd better just make these people shut down and resubmit. So that rule was passed. And we've changed that a few times since then. And now with the economic situation the way it is, we have a lot of projects that are on hold and people coming in requesting extensions. And it's much easier -- on July 22nd we had an executive summary from the zoning department, our administrator, extending all the projects that arc expiring now until this Land Development Code cycle gets approved. Hopefully this item gets approved and we can extend all the others for a year. And if that doesn't work, we may be back for another year. But that's what it's all about. I can go through all three items here, if you have any questions. CHAIRMAN STRAIN: I think wc ought to just take questions section at a time and we'll go from there. The first section, the pages is Page 129 to 132. And Ms. Caron? COMMISSIONER CARON: I just had a question about the statement that you just made, Stan. Did you say that the BCC has given the county manager the ability already to extend for a year? MR. CHRZANOWSKI: Joe Schmitt, the administrator. COMMISSIONER CARON: I'm sorry, the administrator. MR. CHRZANOWSKI: Yes. The -- certain projects and the way it was worded, I guess the ones that weren't specifically mentioned that are due to expire before this gets approved are being extended, yes. COMMISSIONER CARON: All right. Well, then I guess my question is for the County Attorney. Isn't that the appropriate way to handle what is, quote, an emergency situation here, to -- rather than change the Land Development Code and have to come back then and rechange it at some other point when things are back to normal and we suddenly find all these projects are lingering again and we're back to where we started, isn't it a simpler, easier process to have the BCC extend for another year? MR. CHRZANOWSKI: The other thing you have to keep in mind, if I may, before Jeff talks, is like I said, back in the old days we used to gct thrce or four cycles a year and now we're averaging one cycle a year. The code doesn't change that much. And we can come back at any time and rechange thc code. It's not that di fficult. MR. KLATZKOW: My recommendation on this some time ago was go to the Board of County Commissioners for an emergency declaration on this issue so that these site development plans would be stayed until the economic crisis ended. Page 21 161 1B'-f August 13,2008 Staff has elected to go this way, which is also an appropriate vehicle. It's a question of policy, which way you prefer to do it. CHAIRMAN STRAIN: Go ahead, Ms. Caron. COMMISSIONER CARON: Well, I was just going to say, I think that's really a more appropriate way, rather than changing our Land Development Code. Because if we make this change and things go back to the way they were, it is more difficult to change back, because you'll have a line of people out the door saying you're taking away my rights. And so I think the more appropriate way to handle it is the simplest and the easiest. BCC's already done it once, they can do an emergency declaration, as Jeff told them they could do the last time. And we don't have to change the language in 97 sections of the code. CHAIRMAN STRAIN: Mr. Wolfley, then Mr. Murray. COMMISSIONER WOLFLEY: Stan, wasn't this shortened about eight years ago or so? MR. CHRZANOWSKI: Yes, sir. It's been -- it was made and then it was lengthened, then it was shortened, then it was u COMMISSIONER WOLFLEY: Right, exactly. And I think I spoke up against it when I was on the commission at that point, spoke against the shortening of it due to the extended time for permitting. When the action is hot around here a lot of developers just don't seem to be able to get the process done and get an SDP and so on. And I was against the thing when it was shortened years ago. I didn't think -- I think they should have left it alone at the time. So I am certainly in favor of this amendment oflengthening. CHAIRMAN STRAIN: Mr. Murray, then Mr. Vigliotti. COMMISSIONER MURRAY: Simply put, I have the same view that Commissioner Caron has. And I thought this was really onerous to go through this process, even though I know you think that-- sure, it can be done administratively. But I think it's easier to institute and easier for the right moment in time for the commissioners to then decide to go back to the way -- I would be in favor of that. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Well, I think this is before us, and I think we have to act on this, and I think it's a good idea to extend the builders and developers whatever time they need to get through this. And if need be, they can come back for another year. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yes. I mean, I support this thing. It's starting to get to be where it takes three years to get a building permit, so I think we need the time. Stan, on Page 13 I, in the cxtension it says the amendment may be granted. That may there means that it's purely an administrative thing, there's no -- MR. CHRZANOWSKI: Yes, sir. COMMISSIONER SCHIFFER: -- conditions on that, correct? MR. CHRZANOWSKI: Yes. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Okay, any othcr questions? MS.ISTENES: May I make a comment? Just an FYI. This is a-- CHAIRMAN STRAIN: Sure. MS.ISTENES: Thank you. This is actually a section that will eventually be in our administrative code. So I know -- I understand all the discussion, the concern about the length of time and the amount of time we've changed this. But hopefully in the future it will be a little bit casier, because it would eventually end up in the administrative code versus the LDC. Just an FYI. Page 22 A~~S! 13, ~"8 f CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRA Y: Well, in that regard then, I'll just -- you said any other questions, you'll want to look at Page 131 and change planning manager and engineering I presume to county manager or designee, as I think that was standardized, if it goes forward on this one. CHAIRMAN STRAIN: Anything else? (No response.) CHAIRMAN STRAIN: Okay, I've got a couple issues. Why did staff make the decision that this was the way to go versus what I now hear the county attorney had suggested could be an alternative? And I'm assuming the BCC had a choice of both. Or maybe the question is do we know why they chose this route? MR. CHRZANOWSKI: Staff didn't even think that we could do the executive summary. We started this route back in November. Because it's a Land Development Code requirement, we decided the proper way to do it was to change the Land Development Code. At some point I think they realized that we had projects that were dying on the vine before this would get through the cycle. So they went the emergency route, and I think they might have asked Jeff, how can we do that. I wasn't a part of that. I don't know how that got done. But to staffs way of thinking, change-- the Land Development Code showed -- or called for a certain time span, and to change that, the easiest thing to do was to change the Land Development Code. MS.ISTENES: I could probably add to that, too. Joe worked this a little bit, and I'm sorry he's not here to maybe add to the conversation. But we did change some other things in here and cleaned up some language and clarified things. It is easier from the perspective of changing the LDC and being able to point to the LDC rather than kind of doing it on the floor, so to speak, in an emergency declaration. But, you know, either way will work. And I really don't have an objection. I'd much rather point to the LDC when an applicant is challenging things than an emergency declaration, which may not be as detailed or may not answer our questions or the applicant's questions sufficiently because of the wording. But just my experience in dealing with LDC's versus ordinances like that. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Well, if we could just skip then to Page 138, there's language being added in here that would allow any number of extensions. The last line it says, each request should provide written justification for the extension. Additional extensions will be granted at the discretion of the County Manager or his designee. I mean, I'm not sure why we're giving this unlimited authority to staff to do that. MR. CHRZANOWSKI: Because I don't think we know when the present economic downturn is going to end. It started in June of2006, and it was assumed it would last a couple of years. And it's been a couple of years and past that now. And we have had projects that are constantly coming in for extensions, and -- COMMISSIONER CARON: That's why again I think the declaration is the better, simpler and easier way to go, but -- CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: But Donna, one thing that could happen, I mean, this is not a bad tool for proper planning. People could provide projects they want to do long out into the future and hold that right longer. I mean, three years in construction can go by very fast. COMMISSIONER MURRAY: Talk into the mic, please. CHAIRMAN STRAIN: Brad, would you pull the mic closer. Page 23 161 1Bcf August 13, 2008 COMMISSIONER SCHIFFER: The point was that, you know, the three years to be able to plan for a subdivision, I don't see that as being particularly long. Somebody might want to do something way down the road, get their approvals far ahead and within three years start building it. CHAIRMAN STRAIN: Anything else? (No response.) CHAIRMAN STRAIN: Okay, Stan, let me go back to finish up some questions I had. On Page 13 I, paragraph B, the sixth line down says the SDP shall be applied for and may be granted. Wouldn't you mean an SDP may be applied for and may be granted? MS.ISTENES: Yes. CHAIRMAN STRAIN: Yes? MS. ISTENES: Yes. CHAIRMAN STRAIN: Okay. So if this -- whatever forum this goes forward in, that change should be there, regardless. Also, I want to ask you an overall question about this. We currently have requirements that if someone does a plat or an SDP and they go out and clear the property and they djg their excavation and they pile their dirt up, if they don't within a certain amount of time hydro-seed or vegetate or stabilize that dirt in those embankments in that propcrty, we have certain things that kick in. Two questions, really. How does that happen with this extension? And does that -- does this extension, if it does change those items, do we have to look at othcr parts of the code that will be affected by this lengthier time? MR. CHRZANOWSKI: The extension doesn't change those items. You still have to hydro-seed within a given amount of time. or otherwise stabilize. CHAIRMAN STRAIN: Okay. So if you extend the SDP, then when would you then have the time period kick in in which you would have to stabilize or vegetate say a pile of fill that you've put on there for future housing tracks? MR. CHRZANOWSKI: Well, ifit's under construction, ifhe's started, I believe it's -- I'm not sure, but there is a given time span in there if you don't build you have to hydro-seed. CHAIRMAN STRAIN: Right. Does that still apply? MR. CHRZANOWSKI: Yes. CHAIRMAN STRAIN: Okay. So even though we're giving them more time to keep the SDP active, the time frame in which they have to build within that SDP remains the same before they would have to hydro-seed if they don't start the time frame to build. MR. CHRZANOWSKI: Right. CHAIRMAN STRAIN: Okay. Now, the reason I'm dwelling on this is you're going to incur a cost. Hydro-seeding is a few thousand dollars, up to a few thousand dollars an acre. So if you have someone who's got a three-year SDP and they clear and don't intend -- the market doesn't let them build for two and a half years, do that SDP, they're still going to be required to come in with say six months or whatever the code says and hydro-seed the whole place while they're waiting. MR. CHRZANOWSKI: Yes. CHAIRMAN STRAIN: And they'll be in less monetary position to be able to utilize that. I mean, you know, usually people who can't start their project because of sales don't have a lot of money to go forward. MR. CHRZANOWSKI: Most of our projects have already hydro-seeded. And they don't use-- the type of mix you're talking about, a few thousand dollars, is generally a higher grade mix. CHAIRMAN STRAIN: Right. Page 24 161 1Bt August 13,2008 MR. CHRZANOWSKI: They don't use a real high grade mix. I've heard numbers below 1,000, but I'm not sure. CHAIRMAN STRAIN: I looked at those too, but they didn't give the coverage that the county required, from what I could read in the specs, but so be it. Okay. I mean, Ijust wanted to make sure that was in play. Let's finish up on 10.02.03. And I think there's a couple of ways we could look at this. I believe we all think that something needs to be done, but the method in which it needs to be accomplished is at question. in order not to see something not get approved, we might want to consider recommending approval but with a strong recommendation that in lieu of doing this, say look at a declaratory act with an indefinite period of time so the commission then could then react to that at a more timely manner in lieu of changing the SDP. But should they fail to do that, this should still go torward. Maybe that's a way to consider this. Stan, you pulled the mic, I don't know if you wanted to say something. MR. CHRZANOWSKI: No, sir. CHAIRMAN STRAIN: Any other comments from anybody here? Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Can I make that motion? As I said before, it's here before us, I think we should act and I think we should approve it and pass it on. If the board so desires to do something different, they can do whatever they want. But I think it's here before us and I'd like to make a motion for approval. COMMISSIONER SCHIFFER: Yeah, l'll second that. CHAIRMAN STRAIN: A motion's been made and seconded for approval. And this is for Section 10.02.03, and finding it consistent "ith the GMP. Is that-- COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: And the second agrees? COMMISSIONER SCHIFFER: (Nods head affirmatively.) CHAIRMAN STRAIN: Is there any discussion? Mr. Murray? COMMISSIONER MURRAY: Was the motion made based on your suggestion, or just going forward approving this? CHAIRMAN STRAIN: Well, I was going to in discussion suggest that we tack on a clarification that if the BCC would consider an emergency declaratory statement, that would be the preferred way to go. But in lieu of that, this is an alternative. COMMISSIONER MURRA Y: You made that statement earlier-- CHAIRMAN STRAIN: I know. Mr. Vigliotti didn't pick up on that. And you're right to point that out. COMMISSIONER VIGLIOTTI: And I do agree upon it. And I actually did address it, because I said if they chose to do that, that's tine by them. But I think we need to approve this, and if they want to add that, they can do that. COMMISSIONER MURRAY: It needs to be a motion. CHAIRMAN STRAIN: Okay. Well, I would like to see -- COMMISSIONER VIGLIOTTI: It be in a motion? CHAIRMAN STRAIN: -- it be more specific, that we would like to see the BCC consider a declaratory motion to address this issue, but lacking that ability, thcn this is a solution that we would recommend approval. Page 25 16 1 IOf August 13,2008 COMMISSIONER VIGLIOTTI: I agree, but I would prefer yes, as you said. COMMISSIONER SCHIFFER: Mark, I'll go along with it. But my concern is, what is the problem of extending the life of an SDP for one year? I mean, that's what this is essentially doing. What kind of harm is this causing? CHAIRMAN STRAIN: I don't think we see any harm in it. That's what we're all saying. There's a better way to do it, possibly, and that would be -- COMMISSIONER SCHIFFER: But I mean in good times, bad times, any time, what's the problem with three year, which is essentially what this is creating, SDP life. I mean, I don't see the need -- I think the three years is fine. If the people are having trouble and it finally takes them two and a half years to get it going, three years. CHAIRMAN STRAIN: Well, see, here's what I think's really going to happen. I don't think this is going to be over in another year. And I think the three years isn't really going to be the best. I think that they ought to look at this emergency declaration, if the County Attorney puts that forth as a viable solution. That way it could be indefinite until they change it and then everybody's covered. But I think if we keep changing the LDC, we may be back here with a similar change next year for the same reason, is what the economy may be telling us. But that's the only reason I put that caveat in there. COMMISSIONER SCHIFFER: I think we can vote. If the caveat's fine, let's move on then. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: All those in favor of the motion as noted, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. MR. MURRAY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Ayc. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Stan, the next one? MR. CHRZANOWSKI: Yes, sir, the next one is for plans and plats. It's the same-- CHAIRMAN STRAIN: Same situation? MR. CHRZANOWSKI: Same situation. We're extending the time frame. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I'd make a motion to approve,just as before, with the same conditions and stipulations. CHAIRMAN STRAIN: Does anybody else have any -- have a second to that motion -- COMMISSIONER WOLFLEY: I'll second. CHAIRMAN STRAIN: -- so we can go into discussion? Mr. Wolfley seconded. Now discussion. COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: This is the one-- CHAIRMAN STRAIN: Page 135 to Page n Page 26 161 1B~ August 13, 2008 COMMISSIONER MURRAY: To 138, correct? COMMISSIONER SCHIFFER: What happened to 133? CHAIRMAN STRAIN: No, 133 to 134. COMMISSIONER MURRAY: Oh. Okay, I was ahead of myself. Sorry about that. COMMISSIONER SCHIFFER: Mark, isn't this-- CHAIRMAN STRAIN: Oh, I'm sorry, Stan, this isn't the one you're talking about. I need to -- Mr. Vigliotti, you need to pull your motion, if you don't mind. This is a different-- we're on Page 133. COMMISSIONER VIGLIOTTI: Okay, not the -- CHAIRMAN STRAIN: No, the next one after this is the one Stan was referring to. COMMISSIONER VIGLIOTTI: I'm sorry. COMMISSIONER MURRAY: Now I'm confused. I thought we just agreed to approve the one on Page 133. CHAIRMAN STRAIN: No, we went Pages 129 through 132. We went to Section 10.02.03. COMMISSIONER MURRAY: Okay, no, that's correct, all right, that's the one. CHAIRMAN STRAIN: So Mr. Vigliotti, would you withdraw your motion at this point? COMMISSIONER VIGLIOTTI: Yes, I will. CHAIRMAN STRAIN: And Mr. Schiffer, the second, would you withdraw it? COMMISSIONER SCHIFFER: Yeah, I thought -- didn't we vote on 129 to 131 just-- CHAIRMAN STRAIN: If you'll withdraw your motion first, I'll claritY. COMMISSIONER SCHIFFER: Withdrawn. CHAIRMAN STRAIN: Okay. We voted on Pages 129 through 132. That was strictly the SDP extension issue. On Page 133 we have a different issue. The one that Stan thought was coming up next I think is on Page 135. MR. CHRZANOWSKI: Yes. CHAIRMAN STRAIN: Which is an extension of subdivision plats, like we just did on SDP's. But in between are Pages 131 and 134, which are preserve setbacks. So now we're really discussing Pages 133 and 134 preserve setbacks as a different application and a difIerent criteria altogether. So now that we're on that, Stan, did you want to make any commcnts about 133 and 134? MR. CHRZANOWSKI: No, sir. CHAIRMAN STRAIN: No, sir? MR. CHRZANOWSKI: No, sir. CHAIRMAN STRAIN: Okay. Does anybody want to make any comments? Mr. Schiffer, then Ms. Caron. COMMISSIONER SCHIFFER: Stan, isn't this -- the concern of this is that once we went into the situation where you could skip the preliminary plat and go right to the subdivision, the plat, that we were not at that time showing the setbacks for prescrves? Is that the problem? MR. CHRZANOWSKI: Right, the purposc of this was to get the developer's engineer or surveyor to show the setback, the preserve setback on the plat. COMMISSIONER SCHIFFER: One of the other things we used to show on the preliminary was the actual setbacks of the lots and stuff; especially ifit was a fee simple lot. Is that being shown on the final now? MR. CHRZANOWSKI: No, sir. But there was a suggestion that we show all setbacks and easements on the plats, but it turned out it got too cluttered. The preserves setbacks has been a more contentious issue. Page 27 !~u!t 13~~t COMMISSIONER SCHIFFER: But the issue of not doing a preliminary means you never really do submit a drawing showing setbacks noted, because when you go into the final plat you don't have to show buildable areas and stuff like that in the final plat. MR. CHRZANOWSKI: Right. COMMISSIONER SCHIFFER: Okay. All right. I mean, I think that's something you should drag forward. I understand what it does to the graphics, but -- MR. CHRZANOWSKI: We tried that one once last cycle. It didn't go anywhere. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I guess I have the same problem that I have in a lot of these things. We have a minimum code and the minimum code says that there should be a 25-foot setback, and now you're adding in a deviation to the process. MS. ISTENES: I think it's referring to a deviation in a PUD that's approved as a result of a rezoning. Is that your intent, Stan? MR. CHRZANOWSKI: Right. MS. ISTENES: Maybe we ought to make that a little clearer. COMMISSIONER CARON: I think the wording needs to change, because-- MS.ISTENES: Agree. Okay. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: No, I was going to say this is just a clarification to show the dimensions, correct? CHAIRMAN STRAIN: Well, that's what the underlined sections of it are. COMMISSIONER VIGLIOTTI: Right. CHAIRMAN STRAIN: Did you have any questions? COMMISSIONER VIGLIOTTI: No, no questions. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I was going to make a motion. CHAIRMAN STRAIN: Well, I've got questions. COMMISSIONER SCHIFFER: Okay. MR. CHRZANOWSKI: If] may, in-- CHAIRMAN STRAIN: Go ahead. MR. CHRZANOWSKI: -- answer to Ms. Caron's -- a lot of times the PUD doesn't have a 25-foot setback, it has some other setback. So this was just added in in case the PUD was approved as a deviation by the Board of County Commissioners. Otherwise, we'd always have to show a 25-foot setback, and sometimes it's not. CHAIRMAN STRAIN: Okay. Stan, on that underlined section that you're referring to where the 25-foot setback is mentioned, I want to suggest a change that might be better because of the section of the code that this is in, versus development standards section where you normally would go to look for setbacks. On the fifth line down it starts with the word, subdivision plat and then it has a comma, shall have a minimum 25-foot setback or other setback that may be approved as a deviation by the Board of County Commissioners. And then in the second sentence after that we struck the word 25-foot and we said, the required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. Page 28 161 1Bt} August 13,2008 And I took a look at the language you struck there and thought well, why wouldn't you do that in the prior sentence so that it would read, shall have a minimum setback, say as required by this code or other setback as may be approved as a deviation by the Board of County Commissioners. And that way you don't have development standards in the platting section of the code, you have -- people would find that and they would go to the other sections of the code that apply to this and they would then apply it appropriately. MR. CHRZANOWSKI: Yeah, I have no problem with that. MS.ISTENES: I've actually directed Catherine in the next cycle to put the preserve setback requirements in each of the zoning districts like every other development standard is. CHAIRMAN STRAIN: Right. MS.ISTENES: This I know will still likely remain, although albeit it may be reworded because it is essentially just asking to put a -- or requiring that the setback line be designated on the final plat. But the actual dimensional standard requirement will be coming forward to you in all the zoning districts in the future so people go to the right place to look for it instead of -- MR. CHRZANOWSKI: So we could take the 25-foot out and put it the way the Chairman wants. MS. ISTENES: Right now it's not in therc, but it will be. And if that isn't problematic -- I wasn't quite sure what he was asking, so I can't answer -- CHAIRMAN STRAIN: What I'm suggesting is let's not put developmental standards in the platting section, let's put them in development standards section, and let's make this section refer for the minimum standards to the LDC as a whole so that you'd have to go back and make sure that your standards are consistent with any parts of the LDC that apply, not just one that may have read that way and all of a sudden it has precedence over all thc others. It makes it too hard to figure out. So that was the suggested cleanup I was recommending. But I -- you know, if anybody -- if that's consistent with the thoughts of this panel, then Stan, I think this one needs to come back with some rework of that language to make sure it's right. MR. CHRZANOWSKI: Yes, sir. CHAIRMAN STRAIN: And it won't takc long coming back because it's a small change, but-- Catherine? MS. F ABACHER: Just a clarification. So you really just want us to say the minimum setback required, preserve setback required by thc LDC? CHAIRMAN STRAIN: Right. MS. F ABACHER: Okay. CHAIRMAN STRAIN: I think that would clean it up. MS. F ABACHER: Just clarification, yeah. CHAIRMAN STRAIN: And then what the LDC states is what it is. MS. F ABACHER: Thank you. CHAIRMAN STRAIN: Okay. So 10.02.04 -- well, actually, this is -- yeah, 10.02.04, Pages 133 and 134 will come back to us. And now we're on pages -- well, it looks like we're skipping 135 and 136. MS. F ABACHER: No, no, no, I'm sorry. Excuse me, Mr. Chairman, I think I've made some typos on the agenda. I'm new at it. CHAIRMAN STRAIN: You're new at it? MS. F ABACHER: I am. CHAIRMAN STRAIN: Well, if you're ncw, we've got a lot oftrouble, because you've been here longer than most. MS. F ABACHER: Yes, but we just started an agenda for me, if you recall. Page 29 1A~glst 13~~Ot CHAIRMAN STRAIN: Oh, okay. MS. FABACHER: Okay. So Pages 133 to 134 is coming back. That is then mislabeled submittal requirements for plats. Now we're going on to 10.02.04, submittal requirements for plats, but they're going to be on Page 135 to 136. CHAIRMAN STRAIN: Okay. So we're on Page 135 to 136, which is the redundant program that n MS. FABACHER: Yes, yes. CHAIRMAN STRAIN: -- Stan introduced in the other one that Mr. Vigliotti was already trying to make the motion on. MS. F ABACHER: Correct. COMMISSIONER VIGLIOTTI: Exactly. CHAIRMAN STRAIN: I love these LDC hearings. Okay, this is the same pattern as before. Is there any discussion on it? (No response.) CHAIRMAN STRAIN: Mr. Vigliotti, did you still want to makc a motion? COMMISSIONER VIGLIOTTI: Yes, I -- I actually did. CHAIRMAN STRAIN: No, you've got to make it again. COMMISSIONER VIGLIOTTI: I'd like to make a motion to approve this for submittal to the BCC. CHAIRMAN STRAIN: Consistent with the GMP? COMMISSIONER VIGLIOTTI: Of course, yes. CHAIRMAN STRAIN: And is it pursuant to the same manner-- COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: -- in which you made the previous motion on the SDP? COMMISSIONER VIGLIOTTI: Yes. With the BCC making -- yes. CHAIRMAN STRAIN: Okay, same language we recommended on the SDP motion is mirrored on this one. Mr. Vigliotti made a motion to approve, finding it consistent with the GMP. Is there a second? COMMISSIONER MURRAY: l'll do that. CHAIRMAN STRAIN: Mr. Murray made a second. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. MR. MURRAY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. And Stan, we're on our last one, Page 137 to 138. I believe this is again an additional construction period, redundant to the last couple that you Page 30 ~~gLt 11 ~~ brought forward. MR. CHRZANOWSKI: Yes, sir. CHAIRMAN STRAIN: There's no new discussion. Is there a motion? COMMISSIONER MURRA Y: Isn't this the one that was a concern that Commissioner Caron raised regarding the one-year extensions being granted? CHAIRMAN STRAIN: Okay, then let's get into that issue. COMMISSIONER MURRAY: Does she have a concern still? COMMISSIONER CARON: Yeah, if you look at Page 138, the final sentence says, additional extensions, and it doesn't say how many, over what period of time, are at the discussion of the County Manager or his designee. So these things could go on for the lifetime of a lifetime, according this to language. I don't think that's what you meant, but according to the language -- I mean, maybe that's what it is you meant, Stan. MR. CHRZANOWSKI: That is what we meant. We wanted the county manager to be able to look at the economic conditions and keep extending these projects, if need be. CHAIRMAN STRAIN: Why didn't you do that in the first two? Why the different tact on this one? MR. CHRZANOWSKI: I'm not sure. COMMISSIONER MURRAY: Well-- CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRA Y: What this tends to do is -- might preclude the commissioners from having an opportunity to make their own judgments in the matter. And for reasons best known to them they may very well want to have that opportunity. So I'm not sure that that's a good idea. CHAIRMAN STRAIN: Stan, to be consistent with the other sections, if we were to recommend language that provided a consistent time frame as you have applied in the platting and SDP's, what would we have to change here to make that happen? COMMISSIONER SCHIFFER: Time. MR. CHRZANOWSKI: This one is different than the first one, because this is the construction time for completion and subdivision improvements. And the first one was for site development plans. CHAIRMAN STRAIN: Well, I think that-- MR. CHRZANOWSKI: I don't know. CHAIRMAN STRAIN: First of all, I think is it the consensus ofthis board that we're uncomfortable with the unlimited time frame that this one produces? Does anybody have a -- COMMISSIONER MURRAY: I'm not happy. CHAlRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Stan, in there it states that you have to provide written justification. I mean, is there any criteria in that? Is that the dog ate my homework, or-- MR. CHRZANOWSKI: It will be up to the discretion of the county manager or his designee. But if the board were to approve an executive summary, just blanket extending all SDP's until further notice, it would last longer than this. This at least every year you have to come back to the manager. And the manager could say okay, things are better, you're not getting an extension. I don't see the di fference. COMMISSIONER MURRA Y: Well, if! may? CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: On the other hand, if! recall, and I hopc I can recall it correctly, one of the reasons that they wanted to reduce the amount of time for development was because therc were so many speculators that were hanging on to property and not moving things. Page 31 161 1Bc1 August 13,2008 And so, you know, by this action if they were to agree to it at some time later as it's written, they may rue that on the basis that -- I mean, they could always change it, but the point being here, they have the opportunity to look at it again and say one fell swoop. I think you pointed out that it was June of2006. I guess that's based on lagging indicators, okay? We conclude that's reasonable, that that's when we went into this process. At some point there's going to be another date ascribed to it, the ending period. And when that happens, they could be in that position. I think putting the onus on the County Manager puts him in a situation where he's got to make some judgments that may not be in tune with the commission. That's my view. I may be entirely wrong. CHAIRMAN STRAIN: Stan, if you were to change that last piece to have it say, the developer may request a one-year extension for completion and acceptance of the required improvements. Each request should -- this request should provide written justification for the extension, and then drop the last sentence, you're more consistent with the other ones that you've already recommended. You're adding a year to it. Why don't we just do that and leave the discretion back to the board to cxtend it further? MR. CHRZANOWSKI: I don't have a prob -- rereading it, I don't have a problem with that. COMMISSIONER MURRAY: Good. CHAIRMAN STRAIN: Is that-- COMMISSIONER MURRAY: Fine. CHAIRMAN STRAIN: What do you think? Is everybody happy with that? COMMISSIONER VIGLIOTTI: I think that's a good idea. Especially because Stan couldn't figure out why it was the other way anyway. CHAIRMAN STRAIN: Okay. So the suggestion would be to change it to a one-year -- may request a one-year extension with a proven written justification. And that the last sentence, allowing extensions further at the discretion of thc County Manager or his designee, would be dropped. If that's acceptable to this panel, is there a motion to recommend approval? COMMISSIONER MURRAY: I'll make that motion. CHAIRMAN STRAIN: So motion is made to recommend approval of I 0.02.05 with the suggested changes that we just made and finding it consistent with the GMP with those changes. COMMISSIONER WOLFLEY: I'll second. COMMISSIONER MURRAY: I completely agree with the statement that I made through you. CHAIRMAN STRAIN: Mr. Wolfley, you seconded it? COMMISSIONER WOLFLEY: Yes. COMMISSIONER CARON: And also the proviso that the BCC has the opportunity to do the declaration. CHAIRMAN STRAIN: The same language as we previously discussed. Is that acceptable to the motion-maker and the second? COMMISSIONER WOLFLEY: That's fine. COMMISSIONER VIGLIOTTI: Fine. CHAIRMAN STRAIN: Everybody there? Any further comment? (No response.) CHAIRMAN STRAIN: All in favor, signify by saymg aye. COMMISSIONER SCHIFFER: Aye. MR. MURRAY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Aye. Page 32 161 1B+ August 13, 2008 COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. That seems to wrap us up for all the items we were to discuss tonight. Ms. Fabacher? MS. F ABACHER: We have your packages for the August 28th meeting here. CHAIRMAN STRAIN: That's great, because we now know they will not change again. And hopefully Nick over in transportation realizes they won't change again. COMMISSIONER MURRAY: Mr. Chairman, at what point will we be doing this, if any? CHAIRMAN STRAIN : We're going to get a new one of those. MS.ISTENES: What Catherine's handing out now is what will be discussed at the next meeting. COMMISSIONER VIGLIOTTI: Stan, you realize I was just kidding, right? MR. CHRZANOWSK1: No. You realize that this is not exactly what I wrote, but it's been through so many people that n COMMISSIONER MURRAY: I'm not worried. He has the bottle with the fingerprints on it. CHAIRMAN STRAIN: Gentlemen, we're still on recordation. She's got to write everything we say, so we still have to say it one person at a time. Thank you. Item #5 OLD BUSINESS CHAIRMAN STRAIN: Catherine, while you hand those out, I'll ask, is there any old business on the part of planning commission? (No response.) CHAIRMAN STRAIN: Any ncw business? (No response.) CHAIRMAN STRAIN: We won't be adjourning. Will someone make a motion to continue to August 28th. COMMISSIONER CARON: So movcd. COMMISSIONER SCHIFFER: So moved. CHAIRMAN STRAIN: Made by Commissioner Caron, seconded by Commissioner Schiffer. All in favor, signity by saying aye. COMMISSIONER SCHIFFER: Aye. MR. MURRAY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. MR. WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Motion carries 7-0. Thank you all. Grab your books and we'll have a great timc on the 28th. Page 33 161 18+ August 13, 2008 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:38 p.m. COLLiER COUNTY PLANNIN"G COIyl,l,', S,tO,N, ,I I', ,I I /',' "" G \~ rl._.\... ,~( v .. \::0 Mark, train, Chairman These minutes approved by the board on ~.. ('2 ' () ~; as presented ----/.L'or as corrected _' Transcript prepared on behalf of Gregory Reporting Service, [nc., by Cherie' R. Nottingham. Page 34 Fiala Halas Henning Coyle Coletta I. 161 ~~8E'VED JUL 3 0 2008 fOllier County Government f'(,'ft: Productivity Committee Meeting Agenda September 19, 2007 2:00 P.M. Soard of County Commtssionera RECEIVED OCT 0 6 2008 Introduction 30arcJ of County CommiSSioners A. Opening Remarks/Welcome Michele Harrison B. Approval of the June 20, 2007 Productivity Committee Meeting minutes II. Old Business A. Human Resources Presentation-Jean Merritt, HR Director (Approximate time 2:05pm) B. Update from the Subcommittee tasked with conducting a "value engineering" review of the "finishing details" of the new Collier County Emergency Operations Center-Syd Blum C. Review 2007 Work-Plan III. New Business A. Report on Value Engineering and Contracts- Kelsey Ward, Contract Administration Manager (Approximate time 3:00pm) B. Discussion on the AUIR Review Process (Annual Update and Inventory Report)- Janet Vasey and Mark Strain (Approximate time 3:30pm) C. Discussion regarding the request by the BCC to review the report, "A Study of Child Well-Being in Collier County. " D. Discussion regarding changing upcoming Prod Cmt meeting dates (October 17'h to October 31'h, November 21S'to November 14'h and December 19'h to December 12'h) IV. Comments/Announcements Important -AUIR review with the Planning Commission October 15th and 16th CDES Conference Room 609/610, V. Public Comment VI. Adiourn C.,~'oin~. tn Fiala Halas "enning Coyle Coletta RECEIVEq. AUG 12 mY 161 185 Collier County Government Productivity Committee Meeting Agenda October 31,2007 2:00 P.M. Board of County COmmlssionen! RECEIVE" OCT 0 6 2008 '] r uard of County Com mlSS1onc. I. Introduction A. Opening RemarkslWelcome B. Approval of the September 19, 2007 Productivity Committee Meeting minutes II. Old Business A. AU I R(Annual Update and Inventory RepOrl)-DiScussion/Recommendations-Janet Vasey B. Re-consideration of the request by the BCC to review the report, "A Study of Child Well-Being in Collier County. "-John Barlow Ill. New Business IV. Comments/Announcements Upcoming Term Expirations Brad Boaz Bob Dictor Steve Harrison Georgia Hiller Joe Swaja Janet Vasey V. Public Comment VI. Adiourn The next meeting is scheduled for Wednesda/. November 14, 2007, at 2 p.m. in the County Manager's Front Conference Room on the 2" floor of the W, Harmon Turner Building (Administration Building F), ~,,' Oate_____ - Item # _,__ Copies to Fiala Halas Henning Coyle Coletta J 161 1Bc; RECEIVE~ AUG 1 2 2008 Collier County Government Productivity Committee Meeting Agenda November 14, 2007 2:00 P.M. Board of County Commlaskmer RECEIVED OCT 0 6 2008 Board of C ~ounty CommisSioners I. Introduction A. Opening Remarks/Welcome B. Approval of the October 31 , 2007 Productivity Committee Meeting minutes II. Old Business A. Annua/ Update and Inventory Report (AUIR) Post-Review DiscusSion-Janet B. Re-consideration of the request by the BCC to review the report, "A Study of Child Well-Being in Collier County. "-John Barlow III. New Business A. Productivity Committee Webpage B. Request for Records (new procedures for advisory committee members) IV. Comments/Announcements V. Public Comment VI. Adiourn The next meeting is scheduled forWednesdat December 12, 2007. at 2 p,m. in the County Manager's Front Conference Room on the 2" floor of the W. Harmon Turner Building (Administration Building F), Mise, Corres oate:_,-.----- 'tern #_____ ,..--.-',. Ie.." 16/ lBG COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - September 19, 2007, 2 p.m. Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Bob Dictor, Michele Harrison, Steve Harrison, Georgia Hiller, Jim VanFleet and Janet Vasey. Members Absent: Bob Bennett and Joe Swaja were excused. BCC Liaison: Commissioner Henning was in attendance. Others Present: Mike Bosi, Comprehensive Planning Department; Crystal Kinzel, Clerk's Finance; Jean Myers, Sheriffs Office; Len Price, Administrative Services Administrator; Jean Merritt and Amy Lyberg, Human Resources Dept; Hank Jones, Senior Project Manager; Kelsey Ward, Contract Administration Manager; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget; Nick Hale; Russell Rainey and Walter Jaskiewica from Citizens Corp. I. INTRODUCTION John Barlow called the meeting to order at 2:04 p.m. Michele Harrison was introduced to the group as the newly appointed alternate member. Approval of Minutes from the regular Productivity Meeting of June 20. Larry Baytos made the motion to approve the minutes. Georigia Hiller initiated a discussion regarding the minutes under the CDES Budget Review Recommendations. Steve Harrison fashioned a qualifying statement in regard to the recommendations that were listed on the minutes of the last meeting. Bob Dictor seconded for approval as amended. The group unanimously approved, as revised. II. OLD BUSINESS Emplovee Retention and Recruitment Update - Jean Merritt - Jean gave some interesting Collier County statistics including the number of employees, funded positions, average age of employees and average salary. Discussion was made regarding minority population and the county's percentage of minority employment. Retention initiatives include increased life insurance coverage, accelerated vacation accrual schedule, salary increases and vacation sell-back at 100%. She explained the red-white- blue pay plans Red (department administrators and above), white (professional staff) and blue (non-exempt workers, maintenance and road workers). Recruitment efforts include the designation of one HR specialist in filling hard-to-fill vacancies and the reduction of recruitment time. The retention program also includes breakfast for years of service, recognition at board meetings, employee of the month, employee of the year and a new program that gives employees on the spot reward cards for them to redeem on a website. Page 1 of3 16' r'" IB:; Employee involvement programs for this year include a retirement fair, an employee art show and a book fair. Due to legislative action job positions that are funded by the general fund have been frozen. Therefore, retention in these positions is very important to us. In addition, the job posting and application process was reviewed. She announced that all employees will be fingerprinted if the new policy is approved by the board on October 11. The fact that the Jessica Lundsford act was passed makes it absolutely necessary that all park s and recreation employees be fingerprinted. The Human Resources department went live on NeoGov in February. This system allows them to automatically and electronically route the requisition forms and materials to all persons involved. All applications go through an on-line hiring center. Candidates can also submit interest cards to notify them when a position they are interested in becomes available. Applicants can be tracked and notify them whether they are qualified for their desired position. All Constitutional officers were invited to attend a demonstration. The Tax Collector and the Clerk of Courts attended. There is an option for the Constitutional Offices to piggyback on this system for a very modest amount of money. Value Engineering Review of the new Collier County Emergency Operations Center- Syd Blum. - The committee reviewed the letter and list of proposed recommended cuts from the subcommittee. The total value engineering reductions for the project were about $200,000. The suggestion was made to remove #5 from the list and to volunteer to make the committee available for special projects as long as there is early involvement. Mike Sheffield will update the letter, have it signed and send it to the BCC. Motion to send the amended letter and recommended cuts was made by Syd, seconded by Larry and the group unanimously approved. Review 2007 Work Plan - Jean Myers will come back at the next meeting with direction from the Sherriffregarding whether he still would like the Productivity Committee to review records management. Steve asked to postpone the review of the inventory of county owned property until 2008. John suggested that Marcy Krumbine address the group regarding Impact fee deferrals. III. NEW BUSINESS Report on Value Engineering and Contracts- Kelsev Ward, Contract Administration Manal!er (Approximate time 3:00pm) - Value Engineering updates have been implemented. The first project is the Gordon River Park project. The value ofthis project is about $1 I million. Kelsey passed out her annual report. She noted that a new process to minimize clerical work and costs out of the process has been instituted. Crystal brought up the objection of the Clerk's Office to the new procedure (the change by letter). Discussion was held regarding the new procedure. Commissioner Henning had concerns about changes being made to the contracts without Board approval. Crystal and Kelsey will consider putting Page 2 00 16, . J. 185 together a list of 3 or 4 areas of their disagreement and Syd will lead discussion regarding this issue at the next meeting. Discussion on the AUIR Review Process (Annual Update and Inventorv Report)-Janet Vasey and Mark Strain (Approximate time 3:30pm) - Mark Strain asked that the meeting be moved to CDES. The meeting will be recorded for future viewing and not televised live. Mike Bosi will have his staff call the committee members and let them know the approximate discussion times of their sections. Mike will also send out AUIR information by DHL (signature not required) by October I st. Mike Sheffield will provide an updated address list to Mike Bosi. Discussion was made regarding the measurement oflevels of service and the criteria to do so. Janet suggested that the group may have more opportunity for revision of the levels of service because of the funding issue. Discussion regarding the request by the BCC to review the report. "A Study of Child Well-Being in Collier Countv.". This study was sent out as a read-ahead. Commissioner Henning discussed the study with the group. The Commissioner asked the committee to review the study for validity. After much discussion, it was determined that this is a much bigger task than the members of the Productivity Committee can take on. Janet compared the project to universal health care for children. Steve Harrison motioned to decline the invitation to review the study. Larry Baits seconded and the group voted. Agreements not to do the study came from Sid, Janet, Steve, Brad, Bob, and Larry. John and Jim voted to review the study. Meeting Date Changes: Discussion regarding changing upcoming Productivity Committee meetings to the following dates. The motion was made by Jim VanFleet, Larry seconded and the group unanimously approved. (October 17th to October 31 t\ November 21 st to November 14th and December 19th to December 12th) Adiournment: Janet motioned to adjourn the meeting. Brad Boaz seconded and the group unanimously agreed. The meeting was adjourned at 4:46 p.m. Next Meeting: The next regular meeting of the Productivity Committee Meeting will be held at 2:00 p.m. on October 3 I ". This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Page 3 00 161 18 ') MEMORANDUM DATE: January 24, 2008 TO: Board of County Commissioners FROM: Barbetta Hutchinson, Executive Secretary, OMB SUBJECT: Productivity Committee Meeting Minutes and Agendas Enclosed for your information and files are the Productivity Committee's Regular Meeting agenda and minutes of September 19, October 3 I, November 14 and December 12. in addition, the minutes of the Impact Fee Review Subcommittee Meeting held on December 6. Please do not hesitate to contact me at 774-8973, or Mike Sheffield at 774-8569, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Crystal Kinzel, Finance Director Mike Smykowski, Budget Director Collier County Office of Management and Budget 3301 Tamiami Trail. East Naples. FL 34112 Voice: (239) 774-8973 Fax: (239) 774-8828 16~ IDS COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - October 31,2007, 2 p.m. Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Bob Dictor, Michele Harrison, Steve Harrison, Georgia Hiller, Jim Vanfleet and Janet Vasey. Members Absent: Bob Bennett and Joe Swaja were excused. BCC Liaison: Commissioner Henning was in attendance. Staff Present: Mike Bosi, Comprehensive Planning Department; Ron Dortch, Clerk's Finance; Carol Golightly, Sheriffs Office; Mike Smykowski, Director of the Office of Management and Budget; Susan Usher, Senior Budget Analyst; Amy Patterson, Impact Fee Manager; Paula Fleishman, Impact Fee Coordinator; Len Price, Administrative Services Administrator; Amanda Townsend, Public Services Division; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget; Others Present: Nick Hale; Phil Lewis, Naples Daily News; Steve Tindale of Tindale and Assoc.; Mike Brown, Jorge Agerlera and Robert Metzger of the North Naples Fire Department. I. INTRODUCTION John Barlow called the meeting to order at 2:04 p.m. Approval of Minutes from the regular Productivity Meeting of September 19. Syd Blum motioned to accept, Janet Vasey seconded. The group unanimously approved. II. OLD BUSINESS AUIR Review - Janet Vasey - Janet reviewed the recommendations that came from the AUIR with the committee. Capital funding and borrowing from the general fund was discussed. Impact fees were discussed. Mike Smykowski said that although the county can reduce an impact fee by adjusting the level of service to reflect the reduction, they cannot lower an impact fee in one area and increase another area to make up the difference. Janet reviewed the recommendations that came from the AUIR with the committee. Each category was explained, discussed and opinions were given. Staff members were on hand to answer any question regarding specific areas. Janet modified the report as it was discussed and changes were made. The following list gives the individual results by category: Category A: Roads - Brad Boaz motioned to approve. Bob Dictor seconded. Page 1 01'3 16i lBG The group unanimously approved. Drainage Canal- Jim VanFleet motioned to approve. John Barlow seconded. The group unanimously approved with the removal of $6.8M and corresponding reduction of expense. Potable Water - Jim VanFleet motioned to approve. Steve Harrison seconded. The group unanimously approved. Sewer Treatment - Jim Vanfleet motioned to approve. Syd Blum seconded. The group unanimously approved. Solid Waste - John Barlow motioned to approve. Brad Boaz seconded. The group unanimously approved. Parks & Recreation - Steve Harrison motioned to approve. Georgia Hiller seconded. The group unanimously approved with the note that the committee feels that an impact fee study is needed to include state and federal properties. Category B: County Jail- Bob Dictor motioned to approve. Brad Boaz seconded. The group unanimously approved. Law Enforcement - Syd Blum motioned to approve. Georgia Hiller seconded. The group unanimously approved. Library Collections and Facilities - Jim Vanfleet motioned to approve. Brad Boaz seconded. The group unanimously approved. EMS - Jim Vanfleet motioned to approve. Brad Boaz seconded. The group unanimously approved. (Dan Summers will bring the EMS work Plan after the first of the year because the committee Would like to review the entire plan for next year including response time and possibly review both urban and rural mod4els instead of units per 1000.) Government Buildings - Jim VanFleet motioned to approve. Page 2 00 161 18 S' Brad Boaz seconded. The group unanimously approved. Isles of Capri - Jim Vanfleet motioned to approve. Bob Dictor seconded. The group unanimously approved. Ochopee - Syd Blum motioned to approve. Jim Van Fleet seconded. The group unanimously approved. The report recommendations in their entirety were approved as follows: Jim Vanfleet motioned to approve. John Barlow seconded. The group unanimously approved. --->Mike Smykowski will send the debt policy to Janet. Some general recommendations were discussed, including the debt policy and making the AUIR more financially feasible. --->Janet will revise the recommendations to the Board of County Commissioners and send the document to Barbetta who will pass it on to Mike Bosi to be included in the AUIR packets. --->Barbetta will respond to the letter from the EMS Executive Committee expressing their desire to be a part of the EMS review. The reconsideration of the request by the BCC to review the report A Study of Child Well-Being in Collier County was tabled to the next meeting in the interest of time. Adiournment: John Barlow motioned to adjourn the meeting. Bob Dictor seconded and the group unanimously agreed. The meeting was adjourned at 5:05 p.m. Next Meeting: The next regular meeting of the Productivity Committee Meeting will be held at 2:00 p.m. on Wednesday, November 14th This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Page 3 on j. 161 186 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - November 14, 2007, 2 p.m. Members Present: John Barlow, Syd Blum, Brad Boaz, Bob Dictor, Michele Harrison, Georgia Hiller, Jim VanFleet and Janet Vasey. Members Absent: Steve Harrison, Larry Baytos, Bob Bennett, and Joe Swaja were excused. BCC Liaison: Commissioner Henning was in attendance. Staff Present: Crystal Kinzel, Clerk's Finance; Carol Golightly, Sheriffs Office; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget; Others Present: Gina Downs, Citizens Transportation Coalition 1. INTRODUCTION John Barlow called the meeting to order at 2:04 p.m, Approval of Minutes from the regular Productivity Meeting of October 31. Janet Vasey motioned to accept, Syd Blum seconded. The group unanimously approved. II. OLD BUSINESS AUIR Review - Janet attended the AUIR meeting as a representative for the group. She recapped the meeting and discussion was made. Janet stated that the Board of County Commissioners was very receptive to the recommendations put forth by the Productivity Committee. However, the BCC voted 3 to 2 not to defer the impact fees for 6 months because the county programs would not be sustainable without them. Janet suggested that the group put on their work plan for 2008 to work with EMSAC on a review of the EMS Master Plan. ->Mike Sheffield will get copies of the EMS master plan to the group. Suggestions for investigation included re-evaluating the levels of service; reviewing the methodology used to formulate the impact fees; noting that the increasing of fees will negatively impact the construction industry; prioritizing and reducing nonessential expenses. A subcommittee was formed with Brad Boaz as chair. Members of the subcommittee will be Janet, Georgia Hiller and Michele Harrison. Janet will put together a list of questions for Amy Patterson, with whom they will meet on December 6th. They will bring information to the regularly scheduled meeting on December 12th for discussion. The same subcommittee will also review the Charitable Organization Deferral Plan at the request of the BCC. Page 10f2 16 186 Child Well-Being Reconsideration - John Barlow gave a short presentation on affordable housing and well-being of Collier County residents. The group discussed this issue and decided not to pursue it any further. III. NEW BUSINESS Productivitv Committee Web site - Mike reminded the group that they should check the web site periodically for updates regarding the committee. Request for Records - Mike Sheffield addressed the group and explained new procedures for member to get public records. The member will contact Mike if the information needed is for a topic of study by the committee and Jim Mudd if the information is needed for any other reason. Mike distributed a print-out with contact information for Jim Mudd and Leo Ochs. Adiournment: Syd motioned to adjourn the meeting. Brad seconded and the group unanimously agreed. The meeting was adjourned at 3:46 p.m. Next Meeting: The next regular meeting ofthe Productivity Committee Meeting will be held at 2:00 p.m. on Wednesday, December 12'h. This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Page 2 of2 161 lBc) COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - December 12, 2007, 2 p.m. Members Present: Larry Baytos, John Barlow, Syd Blum, Brad Boaz, Bob Dictor, Michele Harrison, Steve Harrison, Georgia Hiller, Joe Swaja, Jim VanFleet and Janet Vasey. Members Absent: Bob Bennett was excused. BCC Liaison: Commissioner Henning was in attendance. Staff Present: Crystal Kinzel, Clerk's Finance; Carol Golightly, Sheriffs Office; Amy Patterson, Impact Fee Manager; Paula Fleischman, Impact Fee Coordinator; Marcy Krumbine, Housing and Human Services Director; Michael Sheffield, Assistant to the County Manager; Barbetta Hutchinson, Office of Management and Budget; Others Present: Marci Sanders, Operations Director of Shelter for Abused Women and Children; Steve Hart, Chamber of Commerce. I. INTRODUCTION John Barlow called the meeting to order at 2:03 p.m, Approval of Minutes from the regular Productivity Meeting of November 14. The group changed 2 details of the minutes and Joe Swaja motioned to accept as corrected, Janet Vasey seconded. The group unanimously approved. Approval of the December 6. 2007 Impact Fee Subcommittee Meeting Minutes. One correction was made, Joe Swaja motioned to accept, Brad Boaz seconded. The group unanimously approved. II. OLD BUSINESS Impact Fee Subcommittee Report -- Brad gave a summary to the group regarding the subcommittee meeting held on December 6, 2007. Each division was recapped. Amy will redo the executive summary to include the comments of the committee. Janet Vasey motioned to accept the report and to make the recommendations to the BCC from the entire Productivity Committee. Georgia Hiller seconded and the group unanimously agreed. Page 1 of3 16 1B~ The Charitable Organization Deferral Plan was also reviewed at the request of the BCC. Brad said that the subcommittee suggested that the monies be designated for citizens of the United States whenever possible. III. NEW BUSINESS Review of Scope of Services for Parks Impact Fee Update - Amy Patterson reviewed her pass-out for impact fee study. She went down the sheets by Task. A suggestion was made that there should be a way to tie the dollars to the loss of services. Additional items were given to be added to a lit of issues that will be addressed by the consultants. These suggestions include the following areas of study: . Use competitive economic assumptions. . Actual spending vs. established level of service. . Collaboration with non-county entities. . Partnerships with Marco and Collier. . Trends in demographic data. Steve asked Amy to generate a projection of Impact Fee collections for the next ten years, to be reviewed and discussed by the Productivity Committee at the January meeting. Recommendations to the Board for the appointment/reappointment of members. Bob Dictor said although it had been an honor to serve on the committee he would have to withdraw his application because he will be moving out of the county. The Productivity Committee voted to recommend the following individuals for re- appointment/appointment (listed in alphabetical order): Name District Expertise Bradley A Boaz District 4 Financial Operations, Accounting, Information Technology Michele Harrison District 2 Realty, Construction Industry, (Current alternate Member) Management Stephen A Harrison District 4 Financial Planning and Analysis, (BCC exception required to Budgeting, Management serve another term) Georgia Hiller Di stri ct 2 Law, Accounting, International Business Joseph B Swaja District 1 Strategic Planning, Productivity Programs, Management Janet H Vasey District 3 Financial Planning and Analysis, (BCC exception required to Program Analysis, Budgeting serve another term) Page 2 of3 16/ 185 The following applicant was not recommended for appointment: Douglas M Fee District 2 I Accounting, Environmental Conservation, Management Commissioner Henning thanked the group for working with him as he served as the BCC liaison and applauded their efforts. Adiournment: Larry Baytos motioned to adjourn the meeting. Jim Vanfleet seconded and the group unanimously agreed. The meeting was adjourned at 4:05 p.m. Next Meeting: The next regular meeting of the Productivity Committee Meeting will be held at 2:00 p.m. on Wednesday, January 23'd. This meeting will be held in the County Manager's Conference Room on the 20d floor of the W. Harmon Turner Building (Administration Building F). Page 3 of3 161 lBy, v EMERGENCY MEDICAL SERVICES ADVISORY COUNCU. (EMSAC) t<ECEIVED SfP 2 6 2008 Wednesday July 30, 2008 Board of County Commiss' lOners Fiala I~ Halas Henning Coyle Coletta ~ NEIGHBORHOOD HEALTH CLINIC Second Floor Education Room 120 Goodlette Road North District I Commission District - Victoria DiNardo, Present District 2 Commission District - Jeffrey Allbritten, Absent District 3 Commission District - John Valenti, Chairman, Absent District 4 Commission District - Nancy Lascheid, Absent District 5 Commission District - Terry Heath, Present At Large - Dr. James Hampton, Present At Large - Dr. Douglas Lee, Present Naples Community Hospital - Gail Dolan, Present City of Naples Police and Emergency Services - Jim McEvoy, Chief, Absent Collier County Health Department -- Kathleen Marr, Present City of Marco Island Fire/Rescue - Vacant Collier County Fire Chiefs Associations - Robert Metzger, Chief~ Present Physician's Regional Medical Center - Dr. Jeffrey Panozzo, Present Collier County Sheriffs Office -- Commander Bill Rule, Present = Staff Present: Jeff Page, Chief Jennifer Florin, Administrative Assistant Artie Bay, Operations Analyst Dan Bowman, Deputy Chief Wayne Watson, Deputy Chief In the absence of the chairman, the regular meeting was called to order by Dr. Hampton; followed by the "Pledge of Allegiance". A quorum was present at this time. Motion to adopt agenda; fassed unanimously Motion to adopt June 25t minutes; passed unanimously OLD BUSINESS: Subcommittee Update Vicky presented the subcommittee update. She stated that the subcommittee met on July 3rd They spoke about considerations of new EMS stations, and the possibility of utilizing modular units in lieu of building hard structures. Chief Page presented photos of Mise, Corres, Oate lO J8 ~ Item -.JJe..J= LIb ~'.'1""ipCl tf) 16 I 18 (a Page 2 the station at Ave Maria as well as plans trom a station in Broward County to use as a reference. He brought up the idea of purchasing two of these trailers for interim use until funding for the hard structures are available. These trailers could be moved from site to site around the county to be utilized in more than one location. The AUIR calculations were also discussed. The population figure of 16,400 was discussed to determine if it was still a good number, or if the number needed to be re- looked at. The calculations suggested in the Master Plan were discussed. It was stated by Janet Vasey that she couldn't follow their rationale in determining those numbers. Chief Page added that the national standard for determining the number of units is 7.7% of population per unit. We are pretty close to that now. It was determined that if we continue to use the same population number as last year we wouldn't need a growth unit until 2010. The additional use of ALS engines in the response time calculations have also come into play. The possibility of fire districts either dropping out of or joining the ALS engine program was discussed along with the impact to the department if either happened. The impact fees were also discussed, and Chief Mike Murphy form Marco Island stated that he tied his impact fee calculation to service demand and suggested that EMS do the same. Janet Vasey and Chief Page both stated that the impact fees have to be tied to population. The idea of backing the population figure down to include the service demand is a possibility, but the population figure has to be there. Chief Page stated that he thought Vicky's report was excellent and the only thing he had to add was the possibility of another EMSAC member joining the subcommittee to fill Chief Murphy's vacancy. Seeing no immediate volunteers he asked that the council take some time to think about it and we will come back to it later in the meeting. Appointing of Vice Chair Dr. Hampton asked how we go about appointing a vice chair. Chief Page stated that we first brought this up in February and there were no volunteers at that time. The By-laws do state that the position has to be held by a citizen member representing the commission districts, or any at-large members. Vicky stated that she would accept the position, but she is up for re-appointment so she felt that needed to be accepted first. Chief Metzger made a motion to accept Vicky as the Vice-Chairmen of the committee and to accept her application for re-appointment; seconded by Commander Rule; passed unanimously. NEW BUSINESS: Vote on member applications Jennifer went through the applications. Dr. Allbritten is the only current member that is not applying for re-appointment. A Michael Wu has applied to take his place. Also Deputy Chief Chris Byrne of the Marco Island Fire District is applying to fill Chief 161 18 ~ Page 3 Murphy's vacancy. The members reapplying are: Kathleen Marr for the Department of Health; Gail Dolan for NCH Healthcare; Chief McEvoy for The City of Naples Fire Department; and Commander Bill Rule for the Collier County Sheriffs Department. Dr. Hampton asked if anyone knew Dr. Wu and could give some information about him. Dr. Lee stated that he knows him, and has worked with him. He stated that he is intelligent, responsible and a very nice person. He feels he's an excellent candidate. Motion by Chief Metzger to accept all the applicants tor their respective positions; seconded by Dr. Lee; passed unanimously. Hypothermia presentation Dr. Panozzo has prepared a power point presentation on hypothermia for the group. The presentation consisted of the logic behind hypothermia, the method of therapy along with the duration of therapy; and the tools needed by both EMS and the hospitals to complete the therapy. Gail stated that they have started implementing this at NCH and it is going fairly well so far. Chief Metzger asked if there was any significant impact on the ability to harvest organs for transplant assuming a bad outcome of the patient. Dr. Panozzo stated that he didn't know of any significant impact, it would have to be considered on a case by case basis. STAFF REPORTS: Executive Summaries Waiver ofGG Estates Fire transport fee Chief Page explained that during the fire in golden gate estates we had to transport a special needs patient away from the area. We had to go to the Board to ask that the fees be waived for this person. The Board allowed us to waive them; however had they not, we would have had to bill the patient. Tactical Medic Program Chief Page introduced Deputy Chief Dan Bowman who would be talking about the new tactical medic program. Chief Bowman stated that we have been working to develop this type of a relationship with the Sheriff's Office for around two years now. He explained that the idea is to have a specialized team that could be trained to assist the S W AT team in the more hostile environments. This team will not be armed, they will be present to assist in protecting the operators and provide ALS capability if needed. We will be taking certain paramedics from our special operations team wc have now and sending them to train with the Sheriff's Oflice SWAT team. At the conclusion of the training these medics will be part of the team and will be going on call outs with SWAT. He stated that this is a brand new program so there aren't many details yet, but we are proud to have come this far. The Sheriff's Office main focus was to have good medics and fold them into their team instead of taking their team members and making them medics. 16i IBcp Page 4 There is an incredible amount of interest within our department for this program. One person in particular was the motivating factor of this whole program. He single handedly recruited a team of people to take a tactical medic training class at Camp Landing. These few people were so excited about the possibility of this program they paid for the training themselves and did it on their own time. In fact the Sheriffs Office SW AT team was so impressed the team leader went up to their graduation. The additional training the Sheriffs Office will be sending them to is a two week long very rigorous tactical emergency medicine and basic SWAT training. Once they all go thru the training we have committed to the Sheriffs Oflice a full time tactical truck with a full time tactical medic 24/7. Dr. Hampton asked how often events occur that they would be responding to. Dan stated that they would be doing this routinely, but he didn't know exactly how often. Kathleen stated that she thought this program is a wonderful idea, and she asked what type of equipment would they be bringing in, and if they had to provide treatment how would they be protected. Dan stated that the Sheriffs Office will be providing all the ballistic equipment (helmets, vests, etc.) however the medicines and the exact protocol hasn't been fully worked out yet. Dr. Panozzo asked what type of vehicle would be used for transport. Dan explained that we currently have special operation trucks, and we would be taking one of those and earmarking it specifically for the tactical program. You won't be able to tell the difference in the appearance of the truck, the difference will be in the staff and what is specialty equipment is carried inside. Chief Metzger asked if these medics would be dedicated to the scene and not just the SWAT team members, meaning if there were civilian injuries would they taking care of those people also. Dan stated that yes, they will be there to help civilians as well as SWAT members. However there could be cases if the SWAT team member needs transporting the tactical medic may go with that person to the hospital to protect the confidentiality of the officer and for the continuity of care. Also if a civilian is injured and needs transport while the scene is still active another unit may be called in to transport that civilian so the tactical medics can stay on scene. Chief Metzger also asked how this is funded. Dan stated that the Sheriffs Office has agreed to provide all the necessary training as well as the ballistic equipment; we are providing the personnel and the available truck. There will be some minor uniform changes because a lot of the supplies will have to be carried on their person instead of in a bag or box. Another question was asked regarding what the team will be doing when they are not with SWAT. Dan explained that they will be a regular unit running 9 I I calls. In the event there is a SWAT call-out they will be paged and dispatched to that call. Chris asked if there was a possibility of a fire department paramedic becoming involved. He stated that he has an employee that is very interested and very qualified. Dan stated that he didn't think right now that would be possible, but maybe in the future. Chief Page asked Dan to provide a copy of the agreement and see if that's a possibility. Operation Tracking Reports Chief Page introduced Artie Bay who would is present to go thru the reports, but first he asked her to update the council on the SDP process for the modular units. Artie stated 16 ]O~ ' I .',. W Page 5 that we are still trying to get the exact cost together. She used the Vanderbilt and Logan site as an example. At the pre-application meeting with CDES they said that we will have to amend the SDP for the site, and we will have to put in all the curbing, most of the parking, all the driveways, and basically most all of the permanent things on the SDP except the hard structure. Basically we have temporary permission to proceed with these, however we don't know if it's economically the best thing to do. Chief Metzger asked if there were any zoning restrictions to using the modular units. Artie stated that there aren't any specifically, and we won't have to comply with the LDC and building codes either. However they are asking that we add some extra plants and trees to disguise the trailer more because it will be located in a residential area. Artie then started with the Ops Track charts. Chief Page also added that Deputy Chief Watson was here to address any of the cardiac arrest data. Chief Page also pointed out on chart #3 we included a line for V-FibN-Tach and one for all cardiac events. That was requested by a member the last quarter when we presented these. Chris asked if the National average refers to the V-Fib/V-Tach or all cardiac events. Artie explained that the American Heart Association doesn't define it specifically. Chief Watson explained that historically they only looked at V -FibN -Tach. Dr. Panozzo asked if the first graph titled travel times was the same as response times. Chief Page explained that there are all kinds of definitions, the travel times we are reporting are from the time of travel, or when the wheels start rolling to the time they arrive. Dr. Panozzo also asked if there were any anomaly times that are recorded. Chief Page stated that if a call is recorded at 99 hours travel time it will be discarded. Also if we arrive at a scene and call it in ourselves, those are also discarded. Dr. Panozzo asked if there was a range. Chief Page stated that he's sure there is, but we would need to bring Dave Stedman in to explain that. Terry asked a question regarding the GPS systems and the map books. He wanted to know how often they are updated. Chief Page explained that the GPS's were updated just recently however Ave Maria wasn't included on that update. Also all the crews have a mapping program on their laptops that is supposed to update each time they log in with the most current maps available to the county. His understanding is the map includes everything within 5 weeks from development. Chris asked Chief Page where the 8 minutes for urban and 12 minutes for rural came from. Chief Page explained that in the last AUIR period the Productivity Committee along with the Board had a desire to increase the level of service standard from 15,000 population per unit to 16,400 population per unit to try and meet our goal of 90%. Since that didn't work by itself they adopted a 12 minutes response for rural areas and also included ALS engines response data to get us to the 90% mark. On chart number 6 it shows the number of calls that both fire and EMS responded to. Artie explained that was all fire and not just ALS engines. Chief Page explained that the Managers office would like to see the percentage that we both go on lowered slightly to allow for a reserve in the event of concurrent calls. Dr. Panozzo asked what made up the percentage difference. Chief Page stated that some districts don't go to alpha calls, for example Immokalee won't go to an alpha or a bravo call unless requested. There are 16 I i Page 6 lB~ some inter-facility calls also. The next chart is EMS and ALS engines only. The reason for the significant difference there is that ALS engines aren't available county wide. The last chart reflects the turnover rate. Dr. Hampton asked if it is always around the same percentage. Chief Page stated that it does vary from year to year. One of our challenges is meeting the attrition rate set by the County Manager. He stated that we were unable to meet out attrition rate last year and decided to not replace three ambulances to make up the difference in cost. This will only compound next year because there will be more and more ambulances that are in need of replacing. The recommendation to the Board this year will be to down the equivalent of two units to meet attrition. Chris asked what the source of the data for the call volume and times is. Chief Page stated that it comes from the Sheriffs Office dispatch. Chief Page and Deputy Chief Watson explained the last large chart of cardiac arrest data. Chris asked if we track the number of citizen CPR attempts. Wayne stated that currently we don't however it might be interesting to see if all the CPR classes around the county have increased the number of times a citizen would perform CPR. Dr. Panozzo also asked if we keep track of AED data. Wayne stated that Captain Fraguela does keep track of the AED info. Chief Page added that number he most looks at on this chart is the ART; or average response time. Predictably when those numbers go up the survival rate will drop. Terry had a question regarding swapping out equipment. He asked if his department uses an expendable piece of equipment on a patient that is continued to use by EMS during transport are we allowed to gi ve the fire department one from our truck. Chief Page stated that no, they are not allowed to supplement medical equipment for the fire truck. The exception would be if that truck is an ALS engine with our paramedic, because we provide all the equipment for that engine. The charge that is assessed to the patient is not detailed to what equipment is expended; it is a standard charge across the board no matter what they use. Chief Metzger asked if we collected taxes for EMS. Chief Page explained that we do, and we are currently about a 60/40 split between taxes and revenue. Dr. Hampton asked where the fire departments get their money. Chief Metzger stated that they are around 90% tax based. Chief Page added that the reason we are split is because the Board decided many years ago to split the burden. It wasn't fair to make the citizens property tax pay for the entire operation, plus that wouldn't be utilizing the insurance companies efficiently; and it wasn't fair to go solely on user fees because they would have to be very high to account for everything. He added that in Calitornia some places an EMS transport is $1200.00. SPEAKERS FOR PUBLIC COMMENT: There are no registered speakers. BOARD MEMBER DISCUSSION: 16 I 1 B~ Page 7 Chief Metzger brought up the conversation from last month regarding the sunshine law and what members could and could not discuss outside of this committee without being in violation. He stated that he felt there was some concern from many members of this group that the spectrum of topics for this group to discuss is so broad, and he asked the question that maybe we shouldn't be that broad. He stated that we may want to reevaluate the topics and narrow them down to those that pertain to the delivery of EMS in the county. For example the discussions on consolidation, he didn't' understand why that should be something coming before EMSAC at this time. Chief Page stated that consolidation was something Chief Murphy brought up to the group and he also asked the joint EMSAC and Productivity subcommittee to review it. Chief Metzger agreed that eventually this group will need to be involved however bringing it up now could potentially prohibit some people from being involved in it tor fear of a Sunshine Law violation. Chief Page stated that it has been taken care of by noticing the meetings, which is being done by Chief Greenberg of the Fire Chiefs Association. Dr. Panozzo asked if we could email the group with the last two quarters of the cardiac arrest information. Meeting Adjourned. The next meeting will be held on August 27,2008. Respectfully Submitted, Jennifer Florin Date Adopted: t;j; f/jS "'-" l I hi It ((! (f[ i; lc'-- Chairman I Council Member Signature 161 2885 Horseshoe Drive Naples, FL 34104 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- January 8, 2008 V. Landscape Maintenance Report - Advanced Lawn VI. Landscape Architects Report - Michael McGee A. Landscape Update B. Slide Presentation - Projects C. Commissioner Tom Henning VII. Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VIII. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer B. Grants C. Master Plan Discussion D. Design Process for Hunter & Coronado IX. New Business X. Public Comments XI. Adjournment The next meeting is scheduled for March 11 200~.4:~rn. At Golden Gate Community Center 1st. I O' f") I7r Naples, FL Date: l cr1> Item #: Uo I CJ Copies to: 1B 1 16' 2885 Horseshoe Drive Naples, Fl 34104 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- February 13, 2008 V. landscape Maintenance Report - ClM VI. landscape Architects Report - Michael McGee A. Landscape Update VII. Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VIII. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer B. Grants C. Master Plan Discussion D. Design Process for Hunter & Coronado IX. New Business X. Public Comments XI. Adjournment The next meeting is scheduled for April 8 2008 4:00 p.m. At Golden Gate Community Center Naples, FL 1B1 161 2885 Horseshoe Drive Naples, FL 34104 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- March 11, 2008 V. Landscape Architects Report - Michael McGee A. Landscape Update VII. Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VIII. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer B. Grants C. Master Plan Discussion D. Design Process for Hunter & Coronado IX. New Business X. Public Comments XI. Adjournment The next meeting is scheduled for May 13, 20084:00 p.m. At Golden Gate Community Center Naples, FL 181 161 2885 Horseshoe Drive Naples, Fl 341 04 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- May 13, 2008 V. Landscape Architects Report - Michael McGee A. Landscape Update VII. Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VIII. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer B. Grants C. Master Plan Discussion D. Design Process for Hunter & Coronado IX. New Business X. Public Comments XI. Adjournment The next meeting is scheduled for July 8, 20084:00 p.m. At Golden Gate Community Center Naples, FL 181 161 181 2SS5 Horseshoe Drive Naples, FL 34104 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- June 10, 2008 V. Landscape Architects Report - Michael McGee A. Landscape Update VII. Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VIII. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer B. Grants C. Master Plan Discussion D. Design Process for Hunter & Coronado E. Traffic Counts IX. New Business X. Public Comments XI. Adjournment The next meeting is scheduled for August 12, 2008 4:00 p.m. At Golden Gate Community Center Naples, FL I -- 161 IBl Fiala Halas Hennin9- Coyle - Coletta - -- RECEIVED OCT 0 7 2JD8 Goard of Cau -. n!YI",ommi,s,.o,' " '8r~ 2885 Horseshoe Drive Naples, FL 34104 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- July 8,2008 V. Landscape Architects Report - Michael McGee A. Landscape Update VII. Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VIII. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer B. Grants C. Master Plan Discussion D. Design Process for Hunter & Coronado E. Traffic Counts IX. New Business X. Public Comments XI. Adjournment The next meeting is scheduled for September 9, iQQ.~ p.m. At Golden Gate Community Center Naples, FL Dale: 1t8mt. Copies to: RECEIVED OCT 0 2 Z008 161 187 Fiala Halas Hennin Coyle Coletta R03rd of County Commissioners 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 4: I 0 p.m. by Chairman Richard Sims. II. Attendance Members: Peggy Harris, Michael McElroy, Barbara Segura (Excused), Richard Sims, Pat Spencer County: Darryl Richard -- Project Manager, Tessie Sillery - M.S.T.U. Project Coordinator, Caroline Soto -- Management Budget Analyst, Diane Flagg - Director Alternative Transportation Others: Mike McGee - McGee & Associates, Dan Mote -- Advanced Lawn, Darlene Lafferty - Mancan III. Approval of Agenda Change: Minutes VIII C. Should read Richard Sims announced Commissioner Tom Henning has requested to meet with the Committee to discuss "Funding Projects. " VIII D. Should read Mike McGee suggested creation of "Community IJ?frastructure Improvements. " Richard Sims moved to approve the Minutes as amended. Second by Peggy Harris. Motion carried unanimously 4-0. Add: VIII E. Santa Barbara Widening Pat Spencer moved to approve the Agenda as amended. Second by Peggy Harris. Motion carried unanimously 4-0. IV. Approval of Minutes - December 11, 2007 Previously approved III. Misc. Corres: Dale: Item #: I Copies to V. VI. VII. 181 161 Landscape Maintenance Report - Advanced Lawn Dan Mote reported: . Trimmed Dwarf Fakahatchee from curbing. . Treatment of Plumbago conducted bi-weekly for removal of chili thrips . Golden Gate pest control treatment applied on December 27, 2007 . Collier Blvd. pest control treatment applied on January 3, 2008 . Granular Fertilization scheduled in February Landscape Architects Report - Michael McGee A. Landscape Update - Noted the startup of Phase I watering restrictions effective January 15, 2008. Transportation Operations Report A. Current Budget - Caroline Soto distributed Budget report (Attached). Items covered: . Budgeted Operating Expense $277,476.20 . Available Operating Expense $145,694.1 I . Available Ad Valorem Tax $172,242.51 B. Project Manager Report - Darryl Richard distributed the Golden Gate M.S.T.U. Project Status report. (See attached) Darryl Richard stated the Board of County Commissioners 4 year Report would be due by January 15,2008. The Summary would consist of MSTU activities for the 4 year period. The report would be submitted by the Chairman of the Committee. Discussions ensued referencing the February 13, 2008 with Commissioner Tom Henning. It was agreed that a short presentation on the MSTU Projects would be given. Discussions ensued referencing the Master Plan. It was noted there would be a reduction to FY09 Budget due to the decrease in property values. It was stated that the "possibility" for an additional reduction to the FY09 Budget "if' the Constitutional Amendment passed in January 2008. In order to maintain the current Budget level it was recommended to complete I Roadway based on the Carry Forward & generated Funds. Discussions continued. It was stated the projected cost for Hunter $967,271 & Coronado $856,900 based on FY07 Taxable Value & the Millage Rate reduction. It was determined in 2009 the Committee "coulcf' proceed with Coronado & in 2014 conclude with Hunter Blvd. Discussions ensued concerning irrigation restrictions. It was stated that during the design of Santa Barbara it is intended to include Reuse Water. It was noted that Golden Gate would have the ability to tap into Santa Barbara Reuse. The following alternatives in lieu ofturffor the medians were discussed: . Asphalt . Palmetto's . Native Plantings 2 161 181 VIII. Old Business Update on Golden Gate Parkway - Pat Spencer - None B. Grants - None C. Master Plan Discussion - Michael McGee - Previously discussed VII. B. D. Design Process for Hunter & Coronado - Previously discussed VII. B. E. Santa Barbara Widening - Pat Spencer contacted the County referencing the underground drainage pipe that was installed on Santa Barbara to the end of the Canal. She noted the large quantity of mud that was traveling down the Canal & expressed concern about the color of the water. The County conducted testing on the sediment and it was determined to be within allowable levels. IX. New Business - None X. Public Comments - None XI. There being no further business for the good of the County, the meeting was adjourned at 5:50 PM. 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Call to order The meeting was called to order at 4: 15 p.m. by Chairman Richard Sims. II. Attendance Members: Peggy Harris, Michael McElroy (Excused), Barbara Segura, Richard Sims, Pat Spencer County: Darryl Richard - Project Manager, Tessie Sillery - M.S.T.U. Project Coordinator, Caroline Soto - Management Budget Analyst, Diane Flagg- Director Alternative Transportation, Commissioner Tom Henning Others: Mike McGee - McGee & Associates, Darlene Lafferty - Mancan III. Approval of Agenda Richard Sims moved to approve the Agenda as submitted. Second by Peggy Harris. Motion carried unanimously 4-0. IV. Approval of Minutes - January 8, 2008 Richard Sims moved to approve the Minutes as submitted. Second by Peggy Harris. Motion carried unanimously 4-0. V. Landscape Maintenance Report - Advanced Lawn, Dan Mote - None: VI. Landscape Architects Report - Michael McGee A. Landscape Update - None B. Slide Presentation - Projects - Mike McGee Richard Sims thanked Commissioner Henning for his attendance. Mike McGee distributed a preliminary quote from Bonn<Mill;. ~ve a slide presentation on Hunter and Coronado to include: Date: ltem#. 1 C -)rips t() 16l 1B7 . Hunter and Coronado - The 2 final Roadways in Golden Gate requiring Landscaping . The Roadways were brought to current Standards by the Master Plan revisions . Opportunity for review of Landscaping alternatives . Coronado - challenging pedestrian crossing with asphalt walkway on one side of the road . Hunter - layout is consistent with Coronado with the exception that Hunter is painted and striped He reviewed the following: y Master Plan revision i. Cost is based on the Sunshine Blvd. Project ii. Coronado Construction cost $803,669.90 (10% contingency included) iii. Hunter Construction cost $912,279.50 (10% contingency included) y Master Plan 10 Year Fundinf!. and Phasinf!. Plan i. Based on FY07 Taxable Property Values,.5 Millage Rate, 3% Annual Interest, and current Funds 11. FY2009 - $843,853.50 sufficient funds available for Coronado Construction iii. FY2014 - $957,893.48 sufficient funds available for Hunter Blvd Construction iv. FY2010 Coronado Maintenance cost $65,000.00 v. FY2015 Hunter Maintenance cost $70,000.00 y Bonness quote which included Asphalt and Curbing Statements made by Committee Members: o It was perceived that the Board (County Commissioners) may vote for the completion of Coronado as a priority o Concern was expressed on the amount of traffic and offenders on Hunter Blvd. o The suggestion was made to use natural habitat for Landscaping o Concerns were expressed regarding the severity and number of accidents on Coronado o Traffic devices are needed. Noted they "are not" the responsibility of the MSTU o Additional lighting is required and "should' be installed by FPL o Significant savings by completing Hunter and Coronado concurrently o Repair of the pavement is raising MSTU cost o Curbing is a "safety issue" o Suggested to collaborate with the County in order to complete Hunter and Coronado concurrently and reduce MSTU cost o Without curbing Trees or Bushes may not be planted next to the Roadway based on FOOT Clear Zone Standards o Curbs would deter driving across the median o It was reported that broken window panes on Hunter are in need of repair. Discussion continued. 2 16! 1 B7 Commissioner Henning was queried on his suggestions for cutting cost, and fWlding. It was questioned iffunds from the Community Center could be used for MSTU projects. C. Commissioner Henning thanked the Committee for the opportunity to attend the meeting. He stated the purpose for the Golden Gate Beautification was the Parkway. Noted that the original goal was met. He addressed the following: ~ Noted that Golden Gate Property Value has decreased 1/3 in comparison with the prior 2 years. He questioned if the proposed Millage would be available in 2 years. ~ Recommended Committee review the Property Appraisers estimates on Golden Gate to determine how the market is doing ~ Suggested Delay of the installation of Curbing to cut cost ~ Suggested a Partnership with the County on Safety items ~ Offered his assistance to the Committee for Future Projects ~ Noted Lighting is a major benefit to aid in the reduction of Crime ~ Noted the Golden Gate Community Center was built by the Residents in the early 1970's. He questioned the fairness for the Citizens of Golden Gate to continue funding the Community Center as other Centers are funded by Taxes ~ Reported the Community Center funds can be used for Community benefit based on the County Attorneys opinion ~ Recommended the Committee determine the Community's needs or wants are - Curbing, Landscaping, and/or Lighting ~ Suggested the Golden Gate MSTU and Community Center Advisory Committee form an alliance ~ Suggested the involvement of other Agencies for support ~ Encouraged the report of offenders to the Sheriff's Department Discussions ensued and was noted the majority of issues on Hunter Blvd. are County issues such as Traffic devices. It was stated that Contractor bids are coming in below normal estimates due to the slowing economy. Construction and Maintenance cost would decrease. Commissioner Henning requested an email referencing Traffic enforcement on Hunter and Coronado by the Sheriffs Department and the repaving of Hunter and Coronado. Pat Spencer requested that lighting be included in the email. Commissioner Henning reported that safety sidewalks are on a sub-list for the Board of County Commissioners. Discussions continued and it was stated that 85% of Golden Gate City children walk or ride bikes to school. It was noted that sidewalks are a priority. Commissioner Henning requested an email regarding the sidewalks. VIf. Transportation Operations Report A. L urrent Budget - Caroline Soto distributed Budget report. (See attached) 3 16 1B7 o Available Operating Expense $143,033.] 6 o Ad Valorem Tax received $346,430.53 B. Project Manager Report - Darryl Richard distributed and reviewed. (See attached) Darryl Richard distributed the 4 year Report. (See attached). . (G-] 7) Annual Maintenance Contract - Advanced Lawn is no longer in business. The recommendation was made to Contract temporarily with CLM based on an existing Contract rates. Diane Flagg stated that the County has the option to use an existing Contractor for 4 months, or as an interim and publish the rebid in order to maintain the Landscaping. Darryl Richard will invite Brandy - Sidewalks to the March]], 2008 meeting VIII. Old Business A. Update on Golden Gate Parkway - Pat Spencer - None B. Grants - None C. Master Plan Discussion - Michael McGee - None D. Design Process for Hunter & Coronado - None IX. New Business - None X. Public Comments - None XI. There being no further business for the good ofthe County, the meeting was adjourned at 6:12 PM. Golden Gate MSTU Advisory Committee ~~c;-~ Richard Sims, Chairman These minutes approved by the Committee on .3 - I \ - 0 g as presented or amended x: The next meeting Is scheduled for March 11, 2008 4:00 PM At Golden Gate Community Center Naples, FL 4 IF~ 612008 011pPJ2/002 I I I I I i I I ! 298 Sabat Palm Road - Naples, Fl 34114 i Telephone: 239.732.4624 . Fax: 239.732.0077 - Email: info@allofnapJes.c!im February 6. 2008 ! ! I To: Collier County Transportatkin Division I Due to financial 00I..4l..mts on our business Advanced Lawn and Landscaping Servic:es (FRK Ent.) we will 00 Iol'\ger be able tD mailltaln our projeda with the county. We are deeply lIOIry for any inconveruence this may cause you and will ~ with you on whatewr you need. I Also, there will be no addillonal billing from us. Everything that has been done r b/fled. I SincerelY. ~~~ , Frank Kip PresFRK RECEIVED FES 0 6 2008 'j 'ra nsport..a LIUll AT),,! Dept. 161 181 Z 11'020 ADVISORY COMM1TTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2008 A. ADVISORY COMMITTEE: Golden Gate Beautification Advisory Committee (MSTU ~\ a~ ~ ~ <-::.-' lB. Ie. ID. IE. IF. IG: IH. CHAIRMAN: I Rick Sims STAFF LIAISON: I Darryl Richard STAFF AGENCY: I Transportation AUTHORITY: I Ordinance No ( 83-55, Rev 96-51 & 87-78, Rev 96-50 ) I. SUMMARY: The GOMSTU has been performing roadway beautification projects in GG City since 1983. The GGMSTU encompasses a 4 sq. mile area known as GO City. The eastern boundary is 951 the western boundary is Santa Barbara, the northern boundary is Green Blvd.; the southern boundary is the Golden Gate Canal. 1-1 Is the CommitteelBoard serving the purpose for which it was created? Yes the GO MSTU has operated the same way for approximately 25 years as origina1ly designed within the Ordinances under the authority of CCBC. Poge 1 00 16/ 18 I 1-2 Is the CommitteeIBoard adequately serving current commuuity needs? I Yes ; the committee is still able to serve the community as intended. 1-3 List the major accomplishments of the Committee for the preceding 12-month eriod. Maintenance of the beautification projects of the past is on going; in 2007 this beautified roadways became the GG City entrance to GG High School; Maintenance assures an entrance to our school that the community can be proud of. 2007 also saw the completion of Sunshine Blvd. improvements. 2007 the committee began the process of updating the costs of completing the Master Plan for GG City and reacted to changes in projected MSTU revenue as State and County Government changed MSTU funding scenarios. 951 Refurbishment Project 1-4 Are there any other committee's or agencies (either public or private) serving, or would better serve the purpose for which the Committee was created? No; the Ordinances that created the MSTU specify the need and scope of this committee. No other known group or agency could be substituted. 1-5 Should the ordinance creating the CommitteelBoard be amended to allow the Committee to more adequately serve the purpose for which it was created? The 2007 ! 2008 GG MSTU Committee has not identified any changes needed that would require changing the existing ordinance. 1-6 Should the membershio reouirements be modified? The 2007 ! 2008 GG MSTU Committee has not identified any changes needed that would require changing the existing membership requirements. 1-7 What is the cost, both direct and indirect, of maintsining the Committee? I The GG MSTU is a voter referendum self imposed ad valonun taxing district I Page 2 of3 ~ 161 IBl J: ADDITIONAL BOARD/COMMITfEE COMMENTS: The GG Beautification Master plan is being updated to reflect the new realities of funding the projects that remain. The fmal projects that are affected are Coronado Blvd. and Hunter Blvd. with only GG MSTU maintenance planned beyond that. K: STAFF COMMENTS: Committee has served Golden Gate Community as per Ordinance. Golden Gate Community roadways continue to benefit from Committee activity in new projects and maintenance of existing installed projects. Darryl Richard, RLA, Project Manager, Golden Gate MSTU l'o8o 3 of3 161 181 February 13,2008 Darryl & Tessie Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (G-24) /\('TIV1-: Darryl &ics"ic: G.Gate MSTU -4 year Review Report by Committee Chairman to Bee Every four years on a rotating schedule, in accordance with Ordinance 2001-55, the advisory boards and committees of the Board of County Commissioners are up for review. Golden Gate MSTU Chairman scheduled to speak at BCC - 3-11-08 12-20-07: Requested Chainnan for input on the report. 01-07-08: Reminded Chainnan of deadline - January 11'h 2008 for CDllllty staff. a 1-14-08: Completed report emailed to Mike Sheffield - per deadline 2.11-08: G.Gate Chainnan signed repnrt. 2.13-08: Rick Simms will report at the 3/11108 BCC meeting. (at II :00 AM time certain (unconfinned)) (G-22) ACTIVi': Darryl - Design Process Coronado & Hunter I Master Plan Draft) 10-09-07: Committee requested to get copy of drainage study on Coronado & Hunter. & two quotes on overlay and 2 inch pitched curb, repave & re-stripe from annual contractor 12-1--07: Pending fmalization of master plan. 1-7-08: Pending finalization of master plan. 2-6.08: Pending finalization of master plan. 2-13-08: Staff review of Master Plan revisions in progress. (G-21) ACTiVF ONGOIM; Ie"",": - McGee & Assoc. Annual Contract: 04-3614- 10-9-07: Committee approved McGees proposal for $14,050.00 11-6-07: County staff has requested McGee to make changes in proposal. 11-13-07: Staff received hardcopy of signed Work Order proposal from McGee & Associates. 12-10-07: NTP to be sent out - in progress. 12-11-07: NTP sent out with an expiration date of: 12-10-08. (G-17) AC FIVE ONGOING ION," Annual Maintenance Contract: #05-3686; PART I -- "Golden Gate Beautification MSTU Roadway Grounds Maintenance" - Expires 6-14-09 7-28-05: Notice to Proceed sent to Advanced Lawn Maintenance. 9-30-07: End of Fiscal Year. 10-12-07: New Fiscal Year PO's issued - NTP 2-5-08: Verbal notification - Advance Lawn has breached contract. Staff coordinating with purchasing dept. for action plan. 2-12-08: Obtaining price from CLM for a 4 month timeframe. 2-13-08: Purchasing Dept. reviewing submittal from Commercial Land Maintenance under existing contract #06-3928 which is the most recent CLM Contract that includes "incidentals" for repair of irrigation system and/or landscaping during the contract period. (G.!8): Al TI VL - Dan, I - Hunter & Coronado Project 6-13-07: Committee Requested for McGee & Association to bring back to next meeting - Scope for Designing Hunter & Coronado. 6-20-07: Staff review indicates that Hunter Boulevard would be the next project for Committee to obtain Design Services. Recommendation is based on (1) Public Comment at previous Committee Meetings, and (2) Available funds do not allow for both Hunter and Coronado projects to be done at one time. 8-12-07: Committee requested McGee to give them a proposal on designing both roads at the same time. Then Committee will decide on which one to do lirst. 1 161 181 9-11-07: McGee asked for more time to do the design. McGee to present at Oct. 9, 2007 meeting. 10-9-07: McGee distributed a "DRAFT' of Updating and Changes to the Master Plan for committee to review and return. 12-10-07: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 1-7-08: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 2-5-08: McGee to schedule a slide show and have costs for Committee to review and discuss with Commissioner Henning. (G-19) ACTIV," ON(;OI\i(i ;essie. MSTU Member Terms: Richard Sims, Chairman - to-06-201O Barbara Segura, 10-06-2010 Pat Spencer, 10-06-2009 Peggy Harris, 10-05-09 Mike McElroy, 10-05-07 - New appt. 10-9-2011 9-10-07: at the 9-11-07 meeting Mr. McElroy resubmitted his application for renewal-to be reviewed by G.G. MSTU at meeting 9-11-07: Committee recommended Mr. McElroy for vacancy. 9-20-07: Memo sent to Filson for Recommendation to BCC. 10-09-07 10-09-07: BCC - approved recommendation - Mr. McElroy. 10-9-07 to 10-9-11 (4 year term) (G-23) COMPl.ETE Tessie -- Coordinate & Schedule February or Marcb Meeting at Commissioner Henning's available schedule. -Sam Tucker confirmed Commissioners schedule - Meeting scheduled for February 13,2008.- Time: 4pm til 7pm.- Room A/B at 4701 Golden Gate Parkway - Golden Gate Community Center 1-7-08: Received two dates possible for the upcoming meeting.- February 13 andlor March 12. In progress of hearing back from committee members. 2-13-08: Meeting room is reserved. (G-20) COMPl.ETE Darryl. 951 Part A Refurbishment: Project quoted as per Contract #05-3686; PART I -- "Golden Gate Beautification MSTU Roadway Grounds Maintenance" 9-12-07: Notice to Proceed of September 12,2007 sent to Adanced Lawn PO 4500069221 which has been increased for Part A refurbishment Substantial Completion by Friday, October 12,2007 10-12-07: Project Completed. Project Schedule: Golden Gate MSTU - 951 Part A Refurbishment (under maint contract) PHASE Start - End Date NTP CaNST 9/12/2007 30 Day Const 10/12/2007 CaNST-COMPLETE 10/12/2007 (G-16) COMPLETE -- Darryl - The projected date for the Ribbon Cutting Ceremony is June 15TH, preferably and not doing a joint venture with the Association meeting. 5-08-07: Golden Gate MSTU Committee request Ribbon Cutting Ceremony. 5-21-07: Meeting with Connie Dean, Date is set for Friday, June 15,2007. Site is Golden Gate Community Center from 10:00 AM to 10:30 AM. We will have support from Committee member Barbara Segura, Working Group Leader. Road & Bridge to set up message boards 6-15-07: Ribbon Cutting Ceremony - Sunshine Blvd. (0-15) (-OMPLE!F - Tessie - The Committee asked Darryl Richard to request a list of priority roads that are set before Sunshine Blvd. to monitor how far down it is on the list toward being done. H was suggested that Sunshine Blvd. be restriped for a single lane to allow for a bike path. 4-30-07: Requested information from Road and Bridge. 5-8-07: Request to Road & Bridge resent 2 16\ 181 5~16-07: List received from Road and bridge & will bring to committee (G-IO) COMPLETE - Darryl- Sunshine Boulevard (lrrigation & Land" 'pe ) Hannula Landscape -Preliminary Phase; Need Cost Estimate from McGee & Associates; Project to go out to bid: fief installation of curbing and lighting is completed. 5-1-06; McGee & Asso. has not provided plans (or updated cost estimate) as per Work Order 5-15-06: McGee & Assoc., 90% plans received and McGee to provide 100% sign and sealed 5-25-06 Committee has been informed at 5-9-06 Meeting that curbing will delay bidding on Landscape/Irrigation Phase of Project. 5-30-06: Project plans received to be delivered today to purchasing. 7111/06 : McGee & assoc. needs to revise bid tab. 7/18/06: Purchasing working on getting bid out. 8-7-06: Posting 7128/06 for bidding out. 8-22-06: Bids due on September 18. 2006 (2:30 PM), pre.bid meeting on September 6. 2006 (10:00 AM) 8-31-06: Project is on schedule with Bid due date of Sept. 18; ES Deadline is Sept 25 for BCC Date Oct. 10 9~5-06: McGee confirms attendance at (9~6-06) tomorrow's Pre-Bid Meeting at 10:00 A!v1 9-12-06: Bids are due September 18. 2006. 10.9-06: Item loaded into Novus for BCC approval on 10124106. MSTU Committee to review on 10-9-06. 12~ 12-06: Copy of approved contract from Purchasing Department pending. Purchasing, County Attorney, and Risk Management review of contract not complete. 1-8~06: Meeting with Dale Hannula to review project plans. MOT plan required for ROW Permit issue. Notice to Proceed anticipated to be issued January 15,2007. 1.17-07: NTP - pending issue of right of way permit 1-26-07: Notice to Proceed sent to Hannula, coordination meeting scheduled for 1-30-7. 2-13-07: Irrigation is 20% complete 3-12-07: Project is 27% Completed. Pump and Well system is installed all mainline and laterals installed. 4-10-07: Irrigation is 100% Complete minus adjustments. Planting is progressing. 4-17~07: Contractor has indicated that April 20. 2007 Substantial completion inspection ready for irrigation and landscaping. Scheduling of Substantial Completion inspection day pending. 4-18-07: Current Schedule to Completion: PHASE Start - End Date NTP CaNST: 112612007; CaNST 1126107 to 5125107 (120 days); CONST-COMPLETE: 512512007; Final Completion: 611412007 (advanced to 4.20-07 Early finish) (G-14) Completed (Ongoing fl:SSIl" Si!kT)') -Explanation ofFWlds from Road & Bridge as per the previous agreement with the MSTlJ. FWlding for 8 mowings for the unimproved section of green and internal roadways is to be transferred to MSTU for payment of 8 mowings and when this funding is used each fiscal year the MSTU pays for the remaining 52 total mowings each fiscal year. 10-10-06: MSTU Committee Chairman request further explanation. 11-14-06: Committee provided information regarding mowing that Road & Bridge fund pays for mowing up to 8 mowings and then MSTU Fund takes over for the remaining mowings for a total of 52 mowings per year (one mowing per week). 1-17-07: Item Re-Opened to confirm information for report to Committee. 2-13-07: Asked R&B to give us the cost per mowing for a total of square feet needing tobe mowed. They mow at every 6 week intervals. 4~1O~07: 112 Report provided to committee for total amount ofnon-MSTU funding for internal roadways mowing. (G.Il) COMPUTE- Darryl- Sunshine Boulevard (Curbing. Asphalt. and Lighting) - GOES TO BCC ON SEPT 27, 2005; Construction Cost: BONNESS, INC.: $301.691.31; Materials Cost - Lighting: Lumec: $25,380.00 3~06-06 - Curbing 20% installed, Asphalt 100% installed, overall project 60% complete. Change Order # 1 - Pending.- waiting on contractor signature. - Need electrical drawings from McGee/Contractor. 4~17-06; Bonness is 100% complete for curbing; Lighting Engineering Plans are under review. 4-17-06; McGee is responding to review. 5-1-06; Bonness has applied for payment for work completed; McGee & Asso. has not provided revised plans as per Traffic Operations Request. 5-15-06; McGee electrical plan submittal rejected by Bob Tipton 5-15-06: Plans do not meet FOOT roadway lighting and/or pedestrian lighting. McGee & Associate insist that lighting is only for accent not roadway lighting. Diane Flagg request - Pam L., B.Tipton, McGee to have a meeting and Chairman will be invited. 5-15-06 Curbing - Cracks found in curbing - Road and Bridge has rejected 75 % on curbing - installation does not meet FOOT standards. 5-30-06 - Scheduling meeting with McGee - June 5tl1, Rhonda Cummings invited also. 6~ 12.06~ Contractor has been notified of deficiencies and quantities needed to replace defective curbing. 3 16 181 6-27.06; Contractor notified staff that they will repair defective curbing. 7-18-06: Bonness has confirmed that they will replace any defective curbing. Traffic Operations has agreed to 6' offset for the lights. 8-07-06 8.07-06: Bonness has confirmed that they will replace any defective curbing. Traffic Operations has agreed to 6' offset for the lights. 8.22-06; David Crosby of Bonness confirms that crews will be back on project after completion of Innnokalee curbing project anticipated date is September 22, 2006 for demolition/construction of new curbing for Sunshine Project. 9-12-06: As per agreement with Project Manager, Bonness, Inc. David Crosby. Bonness will commence work on project to replace all defective curbing on September 18.2006 and be finished by 30 days after that date (October 18. 2006). Installation of the Lights is concurrent with this schedule and is to be completed by October 18, 2006. 9-22-06: Meeting with Contractor Bonness to contion 30 day completion from September 18 and work to be performed by Electrical Subcontractor 10-18-06: Statf informed that Sonness, Inc. is delayed. 12-12~06: Bonness is 100% complete for demolition of defective curbing. Sonness is 95% complete with re-installation of new curbing to replace defective curbing. December 22, 2006 is Bonness completion date. Lighting installation scheduled for completion after curbing is 100% complete. 1-3-06: Curbing re-installation completed 1-8-06: Coordination Meeting with Kent Technologies regarding boring operations and locates for utilities. Landscape Contractor Dale Hanula present to review locations for sleeves and review project plans. 1-23-07: John Miller meeting with Kent Tech.; J. Miller confirms break~away coupling is not required. 1-24-07: Meeting with Mitch Riley to confinn that Contractor can cut away asphalt to install sleeve. 1-24-07: Road & Bridge sends punch-list to Bonness for project. Curbing 100% completed minus punch-list items. 3-12-07: Bonness will be re-mobilizing on 3-14-07 to address identified punch-list items. 3-20-07: Road & Bridge (Mark Lindsay) signs off on curbing project punch-list items. Via email sent 3-20-07. 3-26-07: Final Inspection Called for by Staff. Inspection time/date TBD. 4-10-07: Traffic Operations request that concrete pole at 20th Place be re-installed by Bonness as they knocked it down. 4-13-07: Bonness, Inc. contacted FPL for re-installation of light pole. FPL will re-installlight pole. 4-17-07: Final Payment to Bonness processed. (G-13) COMI'Ll-:IT:-Explanation of Budget Line (on old Fund 136 Report) Item: 'Transfer To Unicor MSTD (111)- MSTU Admin Services' in the amount 01'$21,400.00 for each fiscal year. 10-10-06: MSTU Committee Chairman request further explanation. 12-12-06: Request by Committee that Budget Analyst provide details, Budget to attend 1-9-06 meeting. 1-17-07: Diane Flagg ~ explained with a spreadsheet on how the mstu is charged. (0-12) COMPl J.: IT: - Surplus Soil investigated as per Committee Chairman request. 9-12-06: Pam Lulich, Project Manager reports that all surplus soil material is heing used on current projects and that there is no extra for Golden Gate MSTU Committee. (G-9) - CANCELLED - Old Sign Replacement .Oisposal of old sign 'By County' and proposal for new sign is under review; Committee Approval Required; Quotes Received: Signs and Things: $8,425.00;SignCraft $6,440.00; [,ykins Signteck: $3.5S0.00 (0 ~ 8) ~ COM PIE rE Surplus Landscape Material Project - Planting of Live Oaks in Ligustrum as per recommendations by Mike McGee and Committee approval-7-11-06 7-14-06 -received list of plants from McGee 7-18-06: Updating Villa and Son Quote for Request for Purchase 7-27-06: NTP given to CLM ~ to work with Bob Petersen 8-22-06: Plantings are completed. Current Maintenance Contractor coordinating with Irrigation Project Manager and CLM for watering plants. (G-7) COMPLETE- Ped Shelter Bench -Wood Slat Replacement- Preliminary Phase; Mike McGee is obtaining quotes from vendors. Just received quote from RCP For purchase on 1/6/06. Request to purchase to be submitted on 1/9/06. (G.6) COMI'LE IE. ;Medians I. 2. and 3 Paver Installation-Work Order BOC-FT-OS-02; NTP Issued to Bonness on 8- 8-0S (8S day completion); Construction Cost: $11.117.63. (G-S) COMPLETE -11.1-0S - Landscape Renovation (Golden Gate Parkway Medians); Funding Approved for $14,091.30; As per Contract 05-3686, Estimate received from Advanced Lawn for Total Construction Cost of $14,091.30. Committee Approved Estimate on September 12, 2005. (0-4) - ('OMPLl'TE; Non MSTU Project - Traffic Operations Project; Project Manager, Frank Mattic 4 16 181 (G-3) -90% NON-MSTU PROJECT-COMPLETE - 951 Median Modification-Turning Lane Project.60% Complete; Phoenix Construction is waiting on paver order. Mark Burchin - Right of Way - is reviewing for compliance as per RJW perntitting procedure. 3~20-06- Request for additional infonnation - no report update 5-1-06; Inspection and photo documentation required prior to approval of contractors work. 5M 15-06; completed and pavers have been installed 5.30.06: completed. (G-2) .COMPL!'1 [.Maintenance Contract Bidding- On Going; Bid 05.3686 NTP July 28. 2005 to Advanced Lawn. (G - I) . COMPL.ETE.lnterim Maintenance. Advanced Lawn; PO number 4500044020 open for $15.765.00 (GG Pkwy Medians); PO 450004402 I for $18.271.00 (951 Part A and B). 5 RECEIVED OCT 0 2 2008 161 187 ~ ~ Fiala Halas Henning Coyle Coletta d j Count" Commissioners Boar 0 'l 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 4:02 p.m. by Chairman Richard Sims. II. Attendance Members: Peggy Harris, Michael McElroy, Barbara Segura, Richard Sims, Pat Spencer County: Darryl Richard - Project Manager, Tessie Sillery - M.ST-U. Project Coordinator, Caroline Soto - Management Budget Analyst Others: Mike McGee - McGee & Associates, Darlene Lafferty - Mancan, Sue Chapin - Mancan III. Approval of Agenda Add: VII Al Approval FY09 Budget Richard Sims moved to approve the Agenda as amended. Second by Pat Spencer. Motion carried unanimously 4-0. IV. Approval of Minutes - February 13, 2008 Peggy Harris arrived 4:04 Richard Sims moved to approve the Minutes as submitted. Second by Barbara Segura. Motion carried unanimously 5-0. V. Landscape Maintenance Report CLM - Darryl Richard stated CLM is under a 2 month Basic Contract which consists of Mowing, Weeding, and Irrigation Services. Mike McGee recommended the addition of Fertilizer, Herbicide, and Insecticide to the Basic Contract. Misc. Corre~: Discussions ensued referencing the (2005) CLM Contract that was emalled to the Committee for review. Ollie: Itllmt: Copies to 161 18 { The recommendation was made to add an Arborist as a requirement for the Contract. Discussion ensued and it was determined that pruning Trees lOft. or less can be maintained by the Standard Maintenance Contractor. Mike McGee recommended removal of the Arborist requirement in the Contract. Richard Sims moved to remove Tree Pruning over J Oft. from the Contract. Second by Michael McElroy. Motion carried unanimously 5-0. VI. Landscape Architects Report - Michael McGee A. Landscape Update - None VII. Transportation Operations Report A. Current Budget - Caroline Soto distributed Budget report. (See attached) o Available Operating Expense $163,165.85 o Opened P.O. for CLM $24,875.98 (2 months Service) It was questioned if Line Item 33 Transfer to III (Fund) in the amount of $22,500 was for Green Blvd. Darryl Richard responded that the III Fund is not tracked on the 153 Fund Budget Report. He noted that when the III Funds are spent the MSTU will then be responsible for the mowing. Richard Sims noted if Fund 153 is paying for Green Blvd. mowing it should be recorded in the Fund 153 Budget. A.I Approval FY09 Budget - Darryl Richard distributed and reviewed. (See attached) The following changes were made: . Forecast 08 - Improvements General $50,000.00 . Forecast 08 - Reserve for Contingency $700,000.00 Richard Sims moved to approve FY09 Budget changes and they are on the record. Second by Peggy Harris. Motion carried unanimously 5-0. B. Project Manager Report - Darryl Richard - None VIII. Old Business A. Update on Golden Gate Parkway - Pat Spencer reported it is in the Application process. She reviewed requests that were submitted to Commissioner Tom Henning and received the following response (see attached): . Periodic enforcement on Hunter Blvd. i. If the problem continues notifY Kevin Rambosc . Requested the Pavement Schedule for Hunter and Coronado i. Coronado - Paved in 2003 ii. Hunter - Not scheduled Traffic counts for Coronado and Hunter i. An estimated count will be completed in March 2 161 . Ease Safety Issues for autos, pedestrian, school children, and bicycles by installing Street Lights on Tropicana, Hunter, and Coronado. She noted that County Lighting is paid by the Residents and is a segment ofthe "Dependant Tax." She reviewed the following County Proposal from John Miller that was submitted to FPL (see attached): 1. The replacement of existing 100 watt Light Fixtures to 200 watt Cobra Head Fixtures on Coronado and Tropicana 11. The installation of additional poles for consistency IB, Mike McGee stated that Cobra Head Lighting Specifications are part of the Master Plan and the MSTU should be consulted. He noted that FPL is not required to abide by the same Installation Standards as the County or a Contractor. Discussion ensued concerning Golden Gate Beautification Committee Members that are active on the Civic Association Committee. Richard Sims stated that Commissioner Tom Henning suggested at the February 13,2008 meeting that a possible source of Funding for the Golden Gate Beautification MSTU was the Community Center MSTU. He perceived that the topic for a Civic Association Meeting would be the "Future of the Civic Association." He suggested that the Business of the Community Center MSTU not be an Agenda Item for the Golden Gate MSTU Beautification Committee. Richard Sims moved that this Committee (Golden Gate Beautification MSTU) does not pursue changes to the other MSTU Funds "Golden Gate Community Center MSTU." Second by Peggy Harris. Discussions ensued and it was suggested that the Golden Gate Beautification MSTU and the Golden Gate Community Center MSTU not form an alliance. The motion was amended. Richard Sims moved that this Committee (Golden Gate Beautification MSTU) does not pursue changes to the other MSTU "Golden Gate Community Center MSTU." Second by Peggy Harris. Motion carried unanimously 5-0. Darryl Richard noted that County Staff should be copied in on the Lighting correspondence as it is an MSTU Project. He stated he will contact John Miller. B. Grants - None C. Master Plan Discussion - Michael McGee - None D. Design Process for Hunter & Coronado - None IX. New Business - None 3 X. Public Comments - None 161 XI. There heing no further business for the good of the County, the meeting was adjourned at 5:54 PM. Golden Gate MSTU Advisory Committee (~ /~ ) CC These minutes approved by the Committee on ~ I ' () R as presented ____ J__ or amended . The next meeting is scheduled for April 8, 2008 4:00 PM At Golden Gate Community Center Naples, FL 4 187 r- eo .-I .- ...!) c-I .. ~ ~ => ..~ WO ~~ " ~ . . " o ~ li"~ cO: . ..00 ~~~~~~~ 0$00 :& .... O~ o~ ~~~ dON ...... o~o cil"'id ~ 00 o ~. 0 o~oooo~ .... M o~ OO~ ~ ~ o. it,; '" 3J ~ . ! .~ e r >oCl.i..lIlI:: li~" Q .0: ..00 ~~~ ci$~ ~~~~~~~ OO~O ~ 1f.# '#."#;!. 00 00<11 cici c:ici.. 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(5 z 3!: Ul .... c: 3!: III .. n ::T R€.C€.\\JE.D QCi \) 'l. 1\)\)~ .....Vi.Sio1"oefS CO"'". \CO\lf\\'1 ' \303fd 0 161 18 l~ Fiala ~ _I Halas /1n-'L.. Henning~./ Coyle Coletta 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 4:20 p.m. by Vice Chairman Pat Spencer. II. Attendance Members: Peggy Harris, Michael McElroy (Absent), Barbara Segura, Richard Sims (Absent), Pat Spencer County: Darryl Richard - Project Manager, Caroline Soto - Management Budget Analyst Others: Mike McGee - McGee & Associates, Darlene Lafferty - Mancan III. Approval of Agenda Add: VIII. E. Request Status 2/15/08 Action Items on Golden Gate Pat Spencer moved to approve the Agenda as amended. Second by Barbara Segura. Motion carried unanimously 3-0. IV. Approval of Minutes - March 11, 2008 Pat Spencer moved to approve the Minutes as submitted. Second by Barbara Segura. Motion carried unanimously 3-0. V. Landscape Architects Report - Michael McGee A. Landscape Update the following Maintenance issues were reported: ~ Plumbago requires Treatment (spraying) ~ Turf areas requiring Fertilizer and Broad Leaf treatment on Sunshine and Tropicana ~ Juniper on Green Blvd. requires Insecticide and Fungicide Treatment Misc,:orrea: CJte" I- ",1 1 : to: 161 It was noted at the March 11, 2008 meeting the Committee was in agreement to add Fertilizer, Herbicide, and Insecticide to the basic CLM Contract. Darryl Richard responded that CLM is providing a proposal to justify a cost increase to the P.O. for additional Services. 1B7 ~ Golden Gate Parkway Median #12 (West End) - Obstruction of view by overgrown plant material requires trimming Darryl Richard reported removal of the Contract Specification for Tree Pruning over lOft. is not permitted; it is required by Risk Management for liability purposes. Concern was expressed that Contracts were awarded by the County to subordinate Contractors based on the lowest bid. It was suggested to develop Bid A ward "criteria" to judge Contractors based on qualifications and lowest bid. ~ Lighting on Sunshine is filling with water and algae - Manufacturer has been notified VII. Transportation Operations Report A. Current Budget - Caroline Soto distributed Budget report. (See attached) o Available Improvements General $865,900 o Distributed the Committee approved FY09 Budget. (See attached) One change was noted: Pg. 2 Interfund Transfers increase for County Staff from $22,500 to $23 ,700 Discussions ensued and was determined that it would be cost effective to conduct Bi-Monthly Meetings (starting October 1, 2008) until Projects begin. Barbara Segura moved to go to Bi Monthly Meetings starting in October for 2009 until such time as we actually have a Project in process. Second by Peggy Harris. Motion carried unanimously 3-0. B. Project Manager Report - Darryl Richard . (G-25) Golden Gate Master Plan ~ Revisions are under review by Pam Lulich Mike McGee stated the Final Draft will be presented at the May 13, 2008 meeting. VIII. Old Business A. Update on Golden Gate Parkway - Pat Spencer - Under review by the County Consultant. Anticipated completion date is November 1, 2008. B. Grants - It was recommended to coordinate large Projects with MPO (Metropolitan Planning Organization.) C. Master Plan Discussion - Michael McGee - Requested submission of Committee comments for the Final Draft. D. Design Process for Hunter & Coronado - None 2 161 18'1 E. Request Status 2/15/08 Email Action Items on Golden Gate i. Lighting - Darryl Richard distributed an aerial view and reported the following from FPL (See attached): * Project Funding source has not been confirmed * FDOT New Policy.- Lighting will not be installed in the Medians Discussion ensued concerning Notations on the aerial view. It was determined the aerial view is outdated and additional inquiry is required. ii. Periodic enforcement on Hunter Blvd -. Speeding is still occurring iii. Traffic Counts for Coronado and Hunter- The Report has not been received from Bob Tipton IX. New Business - None X. Public Comments - None XI. There being no further business for the good ofthe County, the meeting was adjourned at 5:20 P.M. Golden Gate MSTU Advisory Committee ... f .4-~ e<-C ~.. t.--/ Pat Sp/ncer, Vice Chairman These minutes approved by the Committee on (1 - a ~ 0 8 as presented or amended The next meeting Is scheduled for May 13, 2008 4:00 PM At Golden Gate Community Center Naples, FL 3 "ll6' 1 \ I 2885 Horseshoe Drive Naples, FL 34104 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- April 8, 2008 V. Landscape Architects Report - Michael McGee A. Landscape Update VII. Transportation Operations Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VIII. Old Business A. Update on Golden Gate Parkway Bridge - Pat Spencer B. Grants C. Master Plan Discussion D. Design Process for Hunter & Coronado IX. New Business X. Public Comments XI. Adjournment The next meeting is scheduled for June 10, 20084:00 p.m. At Golden Gate Community Center Naples, FL 1B 1 16\ I1f7 April 8, 2008 Danyl & Tessie Prepared by: Danyl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (0-25) i\CTlv'L - 1)~ln'y] l<:.L.;"ic:: Golden Gate Master Plan ~ revision Golden G-. MSTU " Master Plan o..lgn "'- 1atDraft.~ 2nd-Draft .'McGee 2nd Draft RevIew LDC Ch.... Start . End Date 101912007 121712007 1217107 . 4130108 (G-22) ACIIVI !Jallyl" Design Process Coronado & Hunter !Master Plan Draft) 10-09-07: Committee requested to get copy of drainage study on Coronado & Hunter. & two quotes on overlay and 2 inch pitched curb, repave & re-stripe from annual contractor. 12-1-{)7: Pending fmalization of master plan. 1-7-08: Pending finalization of master plan. 2-6-08: Pending finalization of master plan. 2-13-08: Staff review of Master Plan revisions in progress_ (G-21)\l -IIVI, or,( ;Uli\(; I e,s;c' : - McGee & Assoc, Annual Contract: 04-3614- 10-9-07: Committee approved McGees proposal for $14,050.00 11-6-07: County staff has requested McGee to make changes in proposaL 11-13-07: Staff received hardcopy of signed Work Order proposal from McGee & Associates. 12-10-07: NTP to be sent out- in progress. 12-11-07: NTP sent out with an expiration date of: 12-10-08. (G-17) AC IIVI UNGOIN(; I Ci';C:- Annual Maintenance Contract: #05-3686; PART [ -- "Golden Gate Beautification MSTU Roadway Grounds Maintenance" - Expires 6-14-09 7-28-05: Notice to Proceed sent to Advanced Lawn Maintenance. 9-30-07: End of Fiscal Year. 10-12-07: New Fiscal Year PO's issued- NTP 2-5-08: Verbal notification ~ Advance Lawn has breached contract. Staff coordinating with purchasing dept. for action plan. 2-12-08: Obtaining price from CLM for a 4 month timeframe. 2-13-08: Purchasing Dept. reviewing submittal from Commercial Land Maintenance under existing contract #06-3928 which is the most recent CLM Contract that includes "incidentals" for repair of irrigation system and/or landscaping during the contract period. 3-3-08: NTP for Maintenance - Commercial Land - till May 2, 2008. 3-11-08: Request for deletion of 10 ft. height and lower 3-11-08: Deletion of lOft. specification not recommended. 4-10-08: Finalization of Maintenance Contract with Purchaseing (G-18): AC rIVI: Dairy I - Hunter & Coronado Project 1 r--' 161 1B 1 6-13-07: Committee Requested for McGee & Association to bring back to next meeting - Scope for Designing Hunter & Coronado. 6-20-07: Staff review indicates that Hunter Boulevard would be the next project for Committee to obtain Design Services. Recommendation is based on (I) Public Comment at previous Committee Meetings, and (2) Available funds do not allow for both Hunter and Coronado projects to be done at one time. 8-12-07: Committee requested McGee to give them a proposal on designing both roads at the same time. Then Committee will decide on which one to do first. 9-11-07: McGee asked for more time to do the design. McGee to present at Oct. 9, 2007 meeting. 10-9-07: McGee distributed a "DRAFT' of Updating and Changes to the Master Plan for committee to review and return. 12-10-07: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 1-7-08: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 2-5-08: McGee to schedule a slide show and have costs for Committee to review and discuss with Commissioner Henning. (G-19) .\CII VI, UNCI 11".(; I ",s;'c- MSTU Member Terms: Richard Sims, Chairman - to-06-20tO Barbara Segura, 1O-06-20tO Pat Spencer, 10-06-2009 Peggy Harris, 10-05-09 Mike McElroy, 10-05-07 - New appt. 10-9-2011 9-10-07: at the 9-11-07 meeting Mr. McElroy resubmitted his application for renewal-to be reviewed by G.G. MSTU at meeting 9-11-07: Committee recommended Mr. McElroy for vacancy. 9-20-07: Memo sent to Filson for Recommendation to BCC. 10-09-07 10-09-07: BCC _ approved recommendation - Mr. McElroy. 10-9-07 to 10-9-11 (4 year term) (G-24) ('OInpktl' Darryl <-'<:. IC:-;:-iic: G.Gate MSTU -4 year Review Report by Committee Chairman to Bee Every four years on a rotating schedule, in accordance with Ordinance 2001-55, the advisory boards and committees of the Board of County Commissioners are up for review. Golden Gate MSTU Chairman scheduled to speak at BCC - 3-11-08 12-20-07: Requested Chainnan for input on the report. 01-07-08: Reminded Chairman of deadline - January II'h 2008 for county staff. a 1-14-08: Completed report emailed to Mike Shetlield - per deadline 2-11-08: G.Gate Chainnan signed report. 2-13-08: Rick Simms will 'eportat the 3/11108 BeC meeting. (at 11:00 AM time certain (unconfirmed)) 3-11-08: Rick attended the Bee - Board approved all 4 year review reports at once. (G-23) COMPLETEu Tessie - Coordinate & Schedule Febrnary or March Meeting at Commissioner Henning's available schedule. -Sam Tucker confIrmed Commissioners schedule - Meeting scheduled for February 13,2008 .- Time: 4pm til 7pm.- Room A/B at 470 I Golden Gate Parkway - Golden Gate Community Center 1-7-08: Received two dates possible for the upcoming meeting - February 13 and/or March 12. In progress of hearing back from committee members. 2-13-08: Meeting room is reserved. 2 16 18 '1 Collier COllnty Government Fiscal Year 2009 Proposed Budget Transportation DIvIsion Transportation Improvement Districts Golden Gate Beautification MSTU (136) I (153) Mission Statement The Golden Gate MSTU is created for the purpose of providing curbing, watering facilities, plantings and maintenance of the median strips and right~of-way edges of roadways within the MSTU; providing traffic calming improvements, street lighting, and sidewalks within the MSTU; and beautification and maintenance of other public areas within the MSTU as determined by the Advisory Committee. Program Summary Administration/Overhead Costs FY 2009 Total FTE FY 2009 FY 2009 FY 2009 Budget Revenues Net Cost 109,700 109,700 192,000 192,000 1,275,800 1.275,800 26,400 26,400 1,603,900 1,603,900 1.603,900 1,603,900 Median maintenance services Median improvements Reserve for future improvements Current Level of Service Budget Total Proposed Budget FY 2007 FY 2008 FY 2008 FY 2009 FY 2009 FY 2009 FY 2009 Program Budgetary Cost Summary Actual Adopted Forecast Current Expanded proposed Change Operating Expense 76,973 264,500 252,100 258,000 258,000 (2.5%) Indirect Cost Reimburs 4,700 4,900 4,900 5,000 5,000 2.0% Capital Outlay 462,829 865,900 50,000 1,275,800 1,275,800 47.3% Net Operating Budget 544,502 1.135,300 307.000 1,538,800 1.538,800 35.5% Do Not Use This Obj Code In Govmax 800,710 oa Trans 10 Property Appraiser 2,573 4,000 4,000 3,800 3,800 (5.0%) Trans to Tax Collector 10,762 11,200 11,200 11,200 11,200 0% Trans 10 111 Unincorp Gen Fd 21,400 22,500 22,500 23,700 23,700 5.3% Reserves For Contingencies 20,000 26,400 26,400 32.0% Total Budget 1,379.948 1,193,000 344,700 1,603,900 1,603.900 34.4% FY 2007 FY 2008 FY 2008 FY 2009 FY 2009 FY 2009 FY 2009 Program Funding Sources Actual Adopted Forecast Current Expanded Proposed Change Ad Valorem Taxes 525,815 497,200 497,200 497,300 497,300 0% Delinquent Ad Valorem Taxes 31 oa Miscellaneous Revenues 161 ,. Interest/Mise 61,150 6,000 17,500 6,000 6,000 0% Other Financing Sources 800,710 oa Trans frm Property Appraiser 582 ,. Trans frm Tax Collector 5,257 ,. Carry Forward 949,057 715,000 955,800 1,125,800 1,125,800 57.5% Negative 5% Revenue Reserve (25,200) (25,200) (25,200) 0% Total Funding 2.342.762 1.193,000 1,470.500 1,603,900 1,603.900 34,4"10 Fiscal Year 2009 3 Transportation Division 16 I 1 81 Account Major Expenditure FY 2009 Service Level Analysis grouped by Business Center, Org Code Collier Countv Government Fiscal Year 2009 FY:Z008 FY 2007 FY 2008 FY 2008 FY 2009 FY:Z009 FY 2009 Adopted Object Code and Account Name Actual Adopted Annualized Current Expanded Total % Change 10 Transportation Division 162521-153 Golden Gate Beautification MSTU 60 Ooeratina Exoense 631403 Engineering Fee Other Ae Fee 10,254 55,000 55,000 55,000 0 55,000 0,00 634970 Indirect Cost Reimbursement 4,700 4,900 4,900 5,000 0 5,000 2.04 634990 Landscape Incidentals 1,080 10,000 10,000 10,000 0 10,000 0,00 634999 Other Contractual Services 45,388 100,000 100,000 100,000 0 100,000 0.00 641950 Postage Freight And Ups 0 3,000 1,000 2,000 0 2,000 .33,33 643100 Electricity 1.597 4,000 3,600 4,000 0 4,000 0.00 645100 Insurance General 0 1,000 1,000 1,000 0 1,000 0.00 646311 Sprinkler System Maintenance 162 5.000 5,000 2,000 0 2,000 .60.00 646318 Mulch 5,267 25,000 20,000 25,000 0 25,000 0.00 646320 Landscape Materials 0 20,000 20,000 20,000 0 20,000 0.00 646451 Lighting Maintenance 1,357 20,000 20,000 20,000 0 20,000 0.00 647110 Printing And Or Binding Outside Vendors 191 5,000 0 2,000 0 2,000 -60.00 649010 Licenses And Permits 600 1,000 1,000 1,000 0 1,000 0.00 649100 Legal Advertising 1,129 500 500 500 0 500 0.00 649990 Other Miscellaneous Services 3,458 4,000 4,000 4,500 0 4,500 12.50 652310 Fertilizer Herbicides And Chemicals 1,425 10,000 10,000 10,000 0 10,000 0.00 652990 Other Operating Supplies 50 1,000 1,000 1,000 0 1,000 0.00 60 Operating Expense 76,657 269,400 257,000 263,000 0 263,000 -2.38 70 CaDital Outlay 763100 Improvements General 275,288 865,900 50,000 1,275,800 0 1,275,800 47.34 70 Capital Outlay 275,288 865,900 50,000 1,275,800 0 1,275,800 47.34 162521-153 Golden Gate Beautification MSTU 351,944 1,135,300 307,000 1,538,800 0 1,538,800 35,54 1919010-153 Reserves ~ 99 Reserves 991000 Reserve For Contingencies 0 20,000 0 26,400 0 26,400 32.00 99 Reserves 0 20,000 0 26,400 0 26,400 32.00 919010-153 Reserves 0 20,000 0 26,400 0 26,400 32.00 !929010.153Interfund Transfers I 91 Transfers 911110 Transfer To Unincorp Cnty Mstd General Fd 111 21,400 22,500 22,500 23,700 0 23,700 5.33 91 Transfers 21,400 22,500 22,500 23.700 0 23,700 5.33 929010-153 Interfund Transfers 21,400 22,500 22,500 23,700 0 23,700 5,33 1959010-153 Transfers. Elected Officers ~ 93 Transfers to Constitutional Officers 930600 Budget Transfers Property Appraiser 2,573 4,000 4,000 3,800 0 3,800 -5.00 930700 Budget Transfers Tax Collector 10,762 11,200 11,200 11,200 0 11,200 0.00 93 Transfers 10 Constitutional Officers 13,335 15,200 15,200 15,000 0 15,000 -1.32 959010-153 Transfers - Elected Officers 13,335 15,200 15,200 15,000 0 15,000 -1.32 10 Transportation Division 388,680 1,193,000 344,700 1,603,900 0 1,603,900 34.44 Report Total 386,680 1,193,000 344,700 1,603,900 0 1,603,900 34.44 GovMax 41212008 16 , 1 B 1 i Account Major Revenue FY 2009 Service Level Analysis grouped by Business Center, Org Code Collier Countv Government Fiscal Year 2009 FY 2008 FY 2007 FY 2008 FY 2008 FY 2009 FY 2009 FY 2009 Adopted Object Code and Account Namll- Actual Adopted Annualized Currl'lnt Expanded Total % Change 10 Transportation DiViSiO~ 162521-153 Golden Gate Beautification MSTU 30 Revenues 311100 Current Ad Valorem Taxes 525,923 497,200 497,200 497,300 0 497,300 0.02 311200 Delinquent Ad Valorem Taxes 31 0 0 0 0 0 0.00 361320 Interest Tax Collector 822 0 0 0 0 0 0,00 30 Revenues 526,776 497,200 497,200 497,300 0 497,300 0.02 162521-153 Golden Gate Beautification MSTU 526,716 497,200 497,200 497,300 0 497,300 0.02 1919010-153 Re.erve. I 40 Transfers & Contributions 489200 Carryforward 0 715,000 955,800 1,125,800 0 1,125,800 57.45 489900 Negative 5% Estimated Revenues 0 -25,200 0 -25,200 0 -25,200 0.00 40 Transfers & Contributions 0 689,800 955,800 1,100.600 0 1,100,600 59.55 919010-153 Reserves 0 689,800 955,800 1,100,600 0 1,100,600 59,55 1959010-153 Tran.fer. - Elected Officers . 40 Transfers & Contributions 466600 Transfer From Property Appraiser 1,126 0 0 0 0 0 0.00 466700 Transfer From Tax Collector 5,257 0 0 0 0 0 0.00 40 Transfers & Contributions 6,383 0 0 0 0 0 0.00 959010-153 Transfers - Elected Officers 6,383 0 0 0 0 0 0.00 1989010.153Intere.t . 30 Revenues 361170 Interest Sba 0 1,000 2,500 1,000 0 1,000 0,00 361160 Investment Interest 12,367 5.000 15,000 5,000 0 5,000 0.00 361165 MARKET ADJUSTMENT 1,338 0 0 0 0 0 0,00 30 Revenues 13,705 6.000 17,500 6,000 0 6,000 0.00 989010-153 Interest 13,705 6,000 17,500 6,000 0 6,000 0.00 10 Transportation Division 546,864 1,193,000 1,470,500 1,603,900 0 1,603,900 34.44 Report Total 546,864 1,193,000 1,470,500 1,603,900 0 1,603,900 34.44 412/2008 GovMax :> ~ f/) ::IE z o !;j: o co ii:C')o i=~~ ~~co WID :> ";:: LLQ. 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'M_~'_"~'.__'___'''_''''___~__~'_ ".-- RECEIVED OCT 0 2 2008 l6I 181 v Fiala Halas Henning Coyle Coletta Board of County Commissioners #{. K- v; ;0) ':~-- YA 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 04:05 p.m. by Chairman Richard Sims. II. Attendance Members: Peggy Harris, Michael McElroy, Barbara Segura (Excused), Richard Sims, Pat Spencer County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Caroline Soto - Budget Analyst Others: Darlene Lafferty - Mancan III. Approval of Agenda Richard Sims moved to approve the Agenda as submitted. Second by Peggy Harris. Motion carried unanimously 4-0. IV. Approval of Minutes - April 8, 2008 Pat Spencer moved to approve the Minutes as submitted. Second by Peggy Harris. Motion carried unanimously 4-0. Darryl Richard stated on Page 2, VII. A. Motion is for FY09. V. Landscape Architects Report - Michael McGee A. Landscape Update - Darryl Richard reported the following: ~ The Maintenance Contract is not finalized. The final document will be submitted for Committee review prior to submittal for Bids. ~ Irrigation Controller (near Coronado) repaired - Surge damage (FPL) ~ Received Quote for a new Pump System (paid by Fun~iflf'lgorres: Date: ltem#: ClrlPS to. 161 1B1 Collier COLlllty GOVCr;1'''''''C,'t F 3:2 l €:. :OC9 Propose::! Eu l:Jct Transportation Division Transportation Improvement Districts Golden Galle Beautific:ation MSllJ (136) I (153) Mission ~......nent The Golden GIIte MSTU.... JlII~ for the JIUI1ICIM of pnwidiI'Il curbing, ..LIt io19 faclli"', pIantings and maintenance of the ........ stripe and right-of.-, edges of road"..,...... the IISTU; j)o(WIcI"lIln111lc c:aIming ......-.... --lighting, and .Icltlll.... wtthln the 1IS1U; and buulific:allon and .................... of olMr public _ wilhin the IISTU _ detBnnined by the AdVIsory ConunIll8e. FY 2lI09 FY 2009 FY 2lI09 B\ldget ~ Net CollI 98,100 98,100 192,000 192,000 1,286,800 1,286,800 6,800 6,800 1,584,100 1,584,300 1.584,_ 1,584,300 "'.....- Summary Admlr.....u...vo.ertlNd Co8tI Median maJne8naMe..w:e. Medianlm~ R_ forfutln lmpoo-* FY 2009 TotII FTE current Level of Senrioe Budget ToIaI Proposed Budget FY 2007 FY2008 FY 2008 FY 200lI FY 200lI FY 200lI FY 200lI ...........1J4.\iJ wy ColI ~ - ach~ F_ CUINftI "-- 1'1-...._, Change 0peI8ling ~ 76.973 264.500 252,100 258,000 258.000 (2.5%) Indinlct Coot R8imburs 4,700 4,900 4,900 5.000 5.000 2.0% CapilaI 0uII8y 462.829 865.900 50.000 1,2116,800 1,2116.800 48.6% Net0l-4...a~ 544,IOZ 1.1H.300 3D7 ,aM 1,54t.800 1,548,800 36.5% Non CIIoh Y_ End Enlry 800.710 na Trw1S to Property Appnil aT 2.573 4,000 4,000 3.800 3,800 (5.0%) TransIDTIIX~ 10.7lI2 l1.2l1O I 1.200 I I .2lIO 11.200 0% Trans to I I llJninc:01p Gen Fd 21,400 22,500 22.500 12.700 12.700 (43.11%) __ For Contingene... 20,000 6,800 6,800 (66.0%) T_1Iudgot 1,s71,t41 1,1-'- 344,7lIO 1,11I4,300 1,11I4,300 32.1% FYalIll7 FYaaoa FY ZOO8 FY 200lI FY 200lI FY 200lI FY 200lI "'....._..F-._ - AdopIod F_ CUINftI E>.o-- F,opclIeCI Change AdV_T_ . . 525.815 4lJ7 .2lIO 4n.900 497.000 4lJ7.ooo 0% DeIinquo!nt Ad Va/Qrem T8lOOS 31 na Mil. n -- 161 na 1- 61,150 6,000 17,500 6,000 6.000 0% Olher FIllII1Qng Sources 800.710 na Trans fnn Property ~ 582 na Trans fnn TIX ~ 5,257 na CallY F_ 949.057 715.000 955,800 1.106.500 1.106,500 54.11% ~5%~ResoMo (25.200) (25.2l1O) (25.2l1O) 0% T_ funding 2,342,712 1,1-'- 1,451,200 1,1l14,3OO 1,11I4,300 32.8% Fiscal Year 2009 3 Transpor\alion Division 16' I 181 Col'l-::r Count)" Government F s::.al 'y ell 2~C9 PrC'iJo:::'...-cj Budgot Transportation Division Trall$porIation Improvement Districts Forecast FY 07100 - Forecast capilaI oulIay includes $50.000 for median landscape irnpnlvenwU. Regular median landscape maintellallce IoIaIs $200,600. Year ending Sef*,nbe. 30. 2007 acluaI carryb..-d __ (used in 1he FY 08 ~ tolaIs $955.800 - a signific:ant illCl e aDB over the 08 budg eled canylOrwMt figure. This poaitive variance is typk:alIy ~ with the liming and progress 01 planned dislrict impooWlmellls. Cunenl FY 0Ml9 - Programmed exper . e. include ellgin__'ll design services In the 8II1CllIIll 01 $55.000 and $198.500 for median ~18I1Cl! services. Capital oulIay includes $1 ,28ll,800 for median impooWlmBlI1s and 0Iher capilaI initiatives. There is a $6.800 00l,tioI9BhCY reserve. R__ FY 0Mlll- While IalIabIe value is ",ojeded lIal, it is likely that the numbers will show a deco ~ I J e when the June 1st p<e/inlill8lY taxable values are Iallal ed by the PIQPBI1y Ajl,..l ieer. Based upon the p.QpOSBd budget, the 0.3941 milage rate plus anticipated fiscal year ending 2008 c.&.yIoI..-d will llBl....dlb suIlicient lax __ to olI'sel proQo.....o6<J expeI1ns. Any dea e II e in lalcabIe value and 110 Ibseql_ __ reduction will deco ! 11 e the capilaI appropcilllion. The I118lCimum milage rate that C31 be levied by majority vote 01 the eo.d 01 CoIriy e..,... . r ")4*& as defined within FS 200.185 (5) is Ihe lRlM rolled beck rate PdjIIII j by the 4.15% per c:apila FIorirIa peIlIOI1aI income faclor. For purposes oIlRlM compliance and not advertilling for a lax illClll. e. lhis MSTU - in llGCOlda;JCe with budget policy guidance - will be subjecI to the rolled back rate. The TRIM rolled beck rate is Ihe .e16,;ant rate I1lqUired for use in p1epa1-'llthe Notir:e 01 Proposed Taxes. The Board 01 CoIriy Comrnlni)>lBIS C31 appIOwB a milage rate ilia! I ! ~ 01 up to 110% oIlhis years muimum 8lalutory millage rate (defined as rolled beck plus the il.:w...l8Iy index - 4.15%> by two-lhirds vote. The IIoanI 01 CoIriy Commissioners must subMqllenlly approve a acIjuslJ-.t 01 the tolaI all906Wdlb milage rate by seperafe tMHItinls vote. 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" ~ " -. -.1'- " r...;. 00. h W 0 0 .r I.,) m c;) '" 0 " 07' 01 0 C . , -, " CO CD " h g C.;, c: C) 0 a 0 CO 0 C " 0 (:~ r.> 0 w cc f c- o C) 0 C C Cl 0 .. _ ~M~~~~~~~~~M~~~~ )- " ~ !!. ." '" a: ~ .. ... .. .... l1; ::: '" 1\:l00WI\:l......t\......CD .'" '" o,t.Jt.Joo~w~.t\. .t\. '" J>o '" ~o~~8 8~~ 0> 0 '" '" '" ;.., 8g8~88~~8 '" 0 '" '" 0 18.7 G) o r e m z G) )> -l ~"11m '< c: In ....zm we)> ....c: 1\)01:::1 gW"11 co 0 )> -l (5 Z s:: f/) -l c: 161 181 May 13,2008 Darryl & Tessie Prepared by: Darryl Richard, Project Manger. Collier County Department of Alternative Transportation Modes Tessie Sillery. Operations Coordinator. Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (G-25) Golden Gate '-''laster Plan - revision :J:.:]deTi '2,;:~.3' _'!13~ 'i,:~" Design Phase 1 st Draft - McGee 2nd Draft - McGee 2nd Draft Review LDC Changes Start - End Date 10/9/2007 12/7/2007 12/7/07 - 5/30/08 (G-22) - Design Prncess LDrUn<:ido & Hunter Master Plan Draft) 10-09-07: Committee requested :0 get copy of drainage study '-In Coronado & Hunter. & two quotes on overlay and 2 inch pitched curb. repave & re-sn-ipe from annual contractor. ] 2-1-07: Pending finalization of master plan. 1-7-08: Pending tinalization of master plan. 2-6-03: Pending finalization of master plan. 2-! 3-08: Staff review of lvlaster Plan revisions in progress. 5-9-08: Committee reviewing Master Plan revisions (G-21) . McGee & Assoc. Annual Contract: 04-3614- 10-9-07: Committee approved McGees proposal for ~l4,050.00 I ] -6-07: Coumy statf has requested iVkGee to make changes in proposal. 11-13-07: Statf recci\/ed hardcopy of signed Work Order pnposal from McGee & Associates. 12-] 0-07: NT? to be sent out- in progress. 12-11.07: NT? sent out with an e'piration date of: 12-11l-08. (G-17) Annual Maintenance Contract: #05-3686; PART 1-- "Golden Gate Beautification MSTU Roadway Grounds Maintenance" - Expires 6-14-09 7-28-05: Notice to Proceed sent to Advanced Lawn Nlaintcnance. 9-30-07: End of Fiscal Year. 10-12-07: :-.!ew Fiscal Year PO's issued - NTP 2-5-08: Verbal notification - Advance Lawn has breached contract. Staff cDordinating with purchasing dept. for action plan. 2-12-08: Obtaining price from CLM for a..:\. month timetrame. 2-13-08: Purchasing Dept. reviewing submittal from Commercial Land Maintenance under existing contract #06-3928 which is the most recent eLM Contract that includes "incidentals" for repair of irrigation system and/or landscaping during the contract period. 3-3-08: NTP for Maintenance -- Commercial Land - till May 2, 2008. 3-11-08: Request for deletion of lO ft height and lower 3-11-08: Deletion of ] Oft. specification not recommended. 4-10-08: Finalization of Maintenance Contract with Purchaseing 5-09-09: Bids to go out. 161 1B1 (G-18) : . Hunter & Coronado Project 6-13-07: Committee Requested for McGee & Association to bring back to next meeting - Scope for Designing Hunter & Coronado. 6-20-07: Statf review indicates that Hunter Boulevard would be the next project for Committee to obtain Design Services. Recommendation is based on n) Public Comment at previous Committee Meetings, and (2) Available tilllds do not allow for both Hunter and Coronado projects to be done at one time. 8-12-07: Committee requested l'vlcGee to give them a proposal on designing both roads at the same time. Then Committee will decide on \vhich one to do first. 9-11-07: McGee asked for more time to do the design. McGee to present at Oct. 9, 2007 meeting. 10-'0-07: McGee distributed a "DRAFT' of Updating and Changes to the Master Plan for committee to review and return. 12-10-07: Committee \\/i11 be reviewing more drafts from rvlcGee tomorrow at their monthly mstu meeting on the master plan revie\vs. 1-7-08: Committee will 0e reviewing more drafts from McGee tomorrow at their monthly mstil meeting on the master plan reviews. ::;-5-08: McGee to schedule a slide show and have C8stS for Committee to review and discuss with Commissioner Henning. (G-19) MSTLJ Member Terms: Richard Sims. Chainnan - 10-06-20HI Barbara Segura. 10-06-2010 Pat Spencer. 10-06-2009 Peggy HaITis, 1 [l-tl5-D9 Mike McElroy, 10-35-07 - New .ppl. Hl-9-2011 9-10-07: at the 9-11-07 meeting \ilr. McElroy resubmitted his application Yor renewal- to be reviewtd by G.G. MSTU at meeting 9-] 1-07: Committee recommended i\'lr. iVlcElro:' for vacancy. 9-20-07: Memo sent to Filson for Recommendation to Bee. 10-09-07 10-09-07: Bee - approved recommendation Mr. McEiroy. 10-9-07 to 10-9-l i (4 year term) (Ci~24) G.Gate :VlSTlJ - 4 year Revie)\' Report by Committee Chairman to Bee EVt'T)! four :'cars nn a rotating schedule. in aCCGfC,:llCe \vith Ordinance 2001-55. the advisory boards and committees ofrhe Board of County (\)mmission~rs J.re ur for IT'llieW. G-olden Gate 1\1STV Chairman sl~heduled to .3peak at Bee - 3-1 1-08 11~20-07: Requested Chairman tor input 0n the repon. ()1-07~m5: Reminded Chairman ofJ.eadline - .January 1 till. 200N for county' staff. I) 1 ~ 14-08: Completed report emailed to rviike shdficld per deadline 2-11-08: G.Gatc Chainnan signed rcpolt. 2-lJ-08: Rick Simms will report at the 3/11/08 Bee meeting. (at 11:00 AM rime cCI1ain (unconfirmed)) 3-11-08: Rick attended the BeC - Board approved all 4 year review reports at once. (G-13) Coordinate & Schedule February or VIardl Meeting at Commissioner Henning's available schedule. -Sam Tucker contlrmed Commissioners schedule - Meeting scheduled for February 13,2008 .- Time: 4pm til 7pm.- Room AiB at 4701 Golden Gate Parkway - Golden Gate Community Center ] -7-08: Received 1\vo dates possible for the upcoming meeting - February 13 and/or March 12. In progress of hearing back from committee members. 2-13-08: rvleeting room is reserved. 2 16/ 18 I 951 Part A Refurbishment: Project quoted as per Contract #05-3686; PART I -- "Golden Gate Beautitlcation MSTU Roadway Grounds Maintenance" 9-12-07: Notice to Proceed of September 12. 2007 sent to Adanced Lawn PO 4500069221 which has been increased for Part A rethrbishment Substantial Completion by Friday. October 12, 2007 10-12-07: Project Completed. Project Schedule: ;-~;.::>J~:,; C2::':- :-\jJ~-~- PHASE NTP CONST 30 Day Canst CONST-COMPLETE (0-20) ;;,' J:l:'::~,iE :: Start - End Date 9/12/2007 10/12/2007 10/12/2007 (0-16) ._" . The projected date forthe Ribbon Cutting Ceremony is June j 5 rH, preferably and not doing a joint venture with the Association meeting. 5-0S-07: Golden Gate MSTU Committee request Ribbon Cutting Ceremony. 5-21-07: Meeting with Connie Dean, Date is set rex Friday, June 15, :2007. Site is Golden Gate Community Center from 10:00 Aivl to 10:30 A~l. Wr:, will have :>uppor: from Committee member Barbam Segura, 'W.orking Group Leader. Road & Bridge to set up message boards 6-15-07: Ribbon Cutting Ceremony - Sunshine Blvd. \(;-15) -l'~ssie - The Commiuc-.: usked D,UTyl Richmd to rC4uest a list dfpriorily roads that ;lr~ ~;et before Sunshine J31vd. to monitor how far down it is on the list to\\,'ard ~1eing done. It was :mggestcd that Sunshine !3Ivd. be rcstriped for a single lane to allow for a bike path. -1--30-07: Requested information from Road and Bridge. 5-8-07: Request to Road & Bridge resent 5~ i 6-07: List received from Road ,md bridge & \vill bring to committee. (G~ I 0) - Sunshine Boulevard i IITigution & Landscape) I-:f,umula Landscape -Preliminary Phase: >ieed Cost Estimate from :vicOee & Associates: Project to go Imt to bid aner installation Ill' curbing und lighting is Gompleted. 5-1-06: ~kGce & .\.S50. has not provided plans (tll" updar.:d cost estimate) as per Vv' urk Order 5-[5-06: :vlcGcc & Assoc., 90o~o plans received and i'vlcei\..'..: to !Jro':lde 100% sign and .sealed 5-25-06 Cummittec has been inform\.':d at 5-9-06 \'kding that curbing will delay bidding un Landscapc/lrn.;::nion Phas.:; of Project. 5~30-06: Project plans received to be delivered toda)" to purchasing. 7/11/06 .lvkCJee & assoc. necds to revise bid tab. 7/18,.'06: Purchasing working on getting bid out. 8-7-06: Posting 7/28/06 for bidding out. X-22-06: Bids due on September [8, 2006 C2:30 Ptv!), pre-bid meeting on September 6, 2006 (10:00 Al'v1) 8-31-06: Project is on schedule with Bid due date Dr Sept. 18: ES Deadline is Sept 25 for Bee Date Oct. to 9-5-06: l'vlcGee confirms attendance at (9-6-06) tomOlTo\-v'S Pre-Bid Meeting at 10:00 AM 9-12-06: Bids are due September 18,2006. 10-9-06: Item loaded into ~ovus for Bee approVed on 10,/2,,],/06, MSTU Committee to revinv on 10-9-06. 12-12~Oh: Copy of approved contract from Purchasing Department pending. Purchasing, County Attorney, and Risk tvlanagement review of contract not complete. !-8-06: iV1eeting with Dale Hannula to revie\\' project plans. MOT plan required for ROVv' Permit issue. Notice to Proceed anticipated to be issued Januar:y 15. 2007. !-17-07: NTP - pending issue of right of way permit 1-26-07: Notice to Proceed sent to Hannula coordination meeting scheduled for 1-30-7. 2-13-07: lITigation is 200,/" complete 3~ 12-07: Project is 27% Completed. Pump and Well system is installed all mainline and laterals installed. +-10-07: Irrigation is 100% Complete minus adjustments. Planting is progressing. -+~ 17-07: Contractor has indicated that April 20. 2007 Substuntial completion inspection ready for irrigation and landscaping. Scheduling of Substantial Completion inspection day pending. ,,],-18-07: Current Schedule to Completion: PHASE Start - End Date , ~ 161 181 NT? CONS'!': l/26/2007; CONST ]/26/07 to 5/25/07 (120 day's): CONST-COlvlPLETE: 5/25/2007: Final Completion: 6/14/2007 (advanced to 4-20-07 Early finish) \ G-14) _ Explanation of Funds from Road & Bridge as per the previous agreement \\'irh the MSTlJ. Funding for 8 1ll0\vings for the unimproved section of green and internal roadways is to be transferred to MSTU for payment of ~ mO\vings and \vhen this funding is used each fiscal yt:ar the MSTlJ pays for the remaining 52 total mowings each fiscal year. 10-10-06: MSTU Committee Chaimmll requesT further explanation. 11-14-06: Committee provided infoffi1atioll regarding mowing that Road & Bridge fund pays for mo\ving up to 8 mowings and then VrST1J Fund takes over for rhe remaining mowings for a total of 52 mO\vings per year (one mo\ving per \veek 1. 1-17-07: Item Re-Opened to .:.:onfirm infonnation fur repon to Committee. 2-13-07: Asked R&B to give us the cost per mowing for J. total of square <:er needing to be mowed. They mO\v at every 6 Vo,'eek intervals. 4-10-07: 112 Repan provided tu committee for total amount ot'nan-MSTU funding for internal roactw<l)'s mowing. I G-ll) - Darryl - Sunshine Boulevard (Curbing. Asphalt md Lighting) - GOES TO Bee ON SEPT 27. 1005: Constmction C0St: 8CNNESS, fNC.: $301.691.3 \; Materials Cost - Lighting: Lumec: 525.380.00 3RU6-U6 - Curhing 20% installed. Asphalt iOO':'o installed. overall project 60% complete. Change Order::l- 1 - Pending.- \vaiting on cnntraClor sigIJature. .- Need ckctrieal drawings from McGee/Cmtr;;clor. 4-17-06: 80nness is 100% complete for curbing: ; .igllling Engineering Plans are under ,evie\v. -1--17R:)6: \dcGee is responding to review. .5-1-06: Bunness has applied t()r payment for \vnrk ;.;ompldcJ: i\lcUcc & i\SSO. has ':M provided revised plans as per Traffic Operations Request. 5-15-()6: \i1cCiee electrical plan submittal rejected by Hob Tipton .5-]5-06: Plans do nOI meet FD('lT roadway lighting and/or pedestrian lighting. iVlcCiee & Associate insist [hat lighting is Dnly for accent not road\vay lighting. Diane ;~'!a~g request - Pam L.. B.Tiplon. ;\;!cCt~e :0 have a meeting .md Chairm<lll will be invited. jR IS-Ub Curbing: - Ci'acks found in curbing - Road and BriJge Ims rcjedeJ 75 ;J~(I (m curbing installation Joe. ~101 meet FD()T standards. 5-30-06 - Scheduling meeting wilh i'vlcGee .June 5th. iZhonda Cummings invited also. 6-12-06- Contractor has been notiticd ()f ddkicncics and quantities needed to replace deft~ctiVl: curhing. 6-27-06: Contractor notitied statfthat they will repair defective curbing. 7-18-06: 130nn.:ss has confirmed that they ,viII replw.:'c any dekctive curbing. fraftk Operations has agreed to 6' offset for the lights. 8-07-06 3-0i'-06: Bonness has confimlcd that [hey will,\:placc any defective curbing. Traftk ()~Jerations has agreed to 6' oITset for the lights. ~-11-()6: David Crosh)' pf Bonness confinns that ..:re"vs will be back un project aJkr completion of lrnrnokake curbing project anticipated liate is Sepl..:mber 22. 20ni) for demolitiuniconstrucrion ofne\v curbing for Sunshine PrDjecL l)R12-\)6:As per agreement with Project '\hn,lger. i-3onnes;;. Inc. David Crosby. Honness \viil commence work on project to replace all detective curhing: on September 18,2006 and be finisheu hy 30 da;.'s alk~'lhat date (October 18. 20(6). Installation of the Lighls is concurrent "vilh this schedule i.md is to be compkted by October 1I( 2006 9-12-06: tvkding \vith ContractuI' Bonne;;:; to conlJrm 30 day completion from September i8 and work to be performed by Elcct("lcal Subcol11ractor 10-13-06: Stan' infonncd that 13llnness. Inc. is delayed. 11-11-06: Bonness is 100% complete for demolition of defective curbing. Bonness is 950'0 complete with re-installation ofne"v curbing to replace defective curbing. December 11. 2006 is Bonness completion date. Lighting installation scheduled for completion after curbing is IOO% complete. 1-3-06: Curbing rCRinstallation compkteu I R8-06: Coordination Meeting with Kent Technologies regarding boring operations W1d locates for utilities. Landscape Contractor Oak Hanula present to revic\v locations for sleeves and review project plans. 1-23-07: John 0.,'liller meeting \vith Kent Tech.. J. \t1iller contirms breakRU\vay coupling is not required. 1-24-07: tvleeting \vith Mitch Riley to confirm that Contractor .:.:an cut away asphalt to install sleeve. 1-24-07: Road & Bridge sends punch-list to Bonness for project. Curbing 100% completed minus punch. list items. 3-11-07: Bonnl..';ss will be re-mobilizing on 3.1-1--07 TO address identified punch-list items. 3-20-07: Road & Bridge (Mark Lindsay) signs off on curbing project punchRJist items. Via ~mail scnt 3-20-07. 3-26-07: rinal Inspection Called for by Staff. Inspection time/date TBD. 4-10-07: Traffic Operations request that concrete pole at 10111 Place be re-installed by Bonness as they knocked it down. 4-13-07: Bonness, Inc. contacted FPL for re-installatian of light pole. FPL will re-installlight pole. 4-17-07: Final Payment 10 Bonncss processed. 4 16i 18 1 ( G-13) Explanation of13udget Line (on old Fund 136 Report) ltern: 'Transfer To Unicor MSTD \1 11)- lvlSTU Admin Services' in the amount of $21.400.00 for each fiscal year. 10-10-06: MSTU Committee Chairman request further explanation. 12-1:2.06: Request by Committee that Budget Analyst provide details, Budget to attend 1-9-06 meeting. 1-17-07: Diane Flagg - explained with a spreadsheet on how the mstu is charged. ( G-I2) - Surplus Soil investigated as per Comminee Chairman request. 9-12-06: Pam Lulich, ProjecT Manager reports that all surplus soil material is being used on current projects and that there is no extra for GolJen Gate MSTU Conuninee. (G-9) _ - Old Sign Rt:placcment -Disposall)f old sign 'By County' and proposal for new sign is under revi~\v: Committee Approva] Requir~d: Quot~s Re:ceived: Signs and Things: $8A25.00:SignCraft $6.440.00: Lykins Sigmeck: $3..550.00 ((i - 8) - Surplus Landscape iYfateriaJ Projecl- Plaming of Live Oaks in Ligustrum as per recommendations by Mike McGee: ,md Committee approval,- 7 - i 1-06 7-14-06 - receiv~d list of plants from McGee 7-18-0f}: Updating Villa J.nLl Son Quote: for R~quest for Jlurchase 7-27 -Do; :-.JTP given to CL\tl- to \vork WiTh Boh Petersen 3-2:::>06: Plantings are completed. CUlTcnt j\,'laintemUlcc Cmtracwr.:oordinating \vith ]rrigatinll Project Manager ,md CLvi for ',vatering philltS. (G~7) from vendors. _ Ped Sheller Beneh -Wood Slat Replacc:11cnt- Preliminary Phase: Mike :.vlcGe~ is obtaming quotes .lust received quote from RC? for purchase on 1,/6,/06. Request 10 purchase to be submitted on ;,,9/06. :Cj--6l - :tv1edi,U1S 1.:2. and 3 Pav.:r insmllalion-\Vork Order BOC-FT-U::-02: -:\TP Issued to 8nnness on t)- ;;-05 (85 Jay compietiont Cnnstructioll (")st: 31 ;.i; 7.5.3. G-j) $i.j,09UII: $ 1-l.119L30. - 11-1-05 - Landscape Renovarion l(;'olden Gate P<lfkway Medians): Funding Approved for .\::; p(:r C0ntra,:t 05-36g6, Estimatc rec<:iv'cu rrom Advanced Lnvn for TOT:J1 Construction ('ost If Committee A.pprovcd Estimate on September] 2. 2005. (G-';) : Non JvlSTU Project - ['faffic Operations Project: Projcc Manager, Frank Mattic (G-3) -90% NON-f\,tlSTU PROJECT- - 951 t....kdian Modi!ication~Tuming l.ane Project-60~';J Complete: Phoenix Construction is '.vaiting 'In paver nrder. dark f?,urchin - Right of Way - is reviewing for compliance as per R/W p~nnjtting procedure. 3-20~;;()- RC4uest for additional infornHlti()n .- no report updal: 5- ]-06: Inspection and photo documenul.lion required prior to lprroval ur contractors \vork. 5-15-06: comp1ckd and pa\ '~rs have been in::;taikd 5-30~U6: completed. (eT-2) - -~"Iaintenance C\)ntrJct Bidding- Un Going: GiLl 05-3686 0JTP Jul;..' 28, 2005 to Advanced Lawn. (G - 1) -Interim :'vlainrenance - Advanced I,awn: PO number .:1-500044020 open for $15.765.00 (OG Pkwy Medians): PO.jj0004';021 tClf$18.271.00(9j] Pmi A and B). 5 161 181 June 10, 2008 Darryl & Tessie Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (G-26) .\CTIVE - Darryl & TesSIe' Bid Document Prep wi McGee & Asso.lStaff 21 Day Bidding BCC APPR NTP Start - End Date 4-15-08 to 5-29-08 ( inlcudes sunshine blvd. changes) 6-6-08 to 6-30-08 7/22/2008 8/22/2028 ADD. NOVUS 7/2212008 Golden Gate MSTU - Maintenance Contract Bidding PHASE (G-25) ACTIVE Ihrry! &1 i..'ssk: Golden Gate Master Plan - revision Golden Gate MSTU - Master Plan Design Ph... 1st Draft - McGee 2nd Draft - McGee 2nd Draft Revi_ LDC Chang.. Start - End Date 10/9/2007 12f7/2oo7 12f7/07 - 5/30/08 (0-22) ACTIVE lJarry! - Design Process Coronado & Hunter (Master Plan Draft) 10-09-07: Committee requested to get copy of drainage study on Coronado & Hunter. & two quotes on overlay and 2 inch pitched curb, repave & ro-stripe from annual contractor. 12-1-07: Pending fmalization of master plan. 1-7-08: Pending finalization of master plan. 2-6-08: Pending fmalization of master plan. 2-13-08: Staff review of Master Plan revisions in progress. 5-9-08: Committee reviewing Master Plan revisions (0-21) ACTIVE ONGOING. lessic:. McGee & Assoc. Annual Contract: 04-3614- 10-9-07: Committee approved McGees proposal for $14,050.00 11-6-07: County staff has requested McGee to make changes in proposal. 11-13-07: Staff received hardcopy of signed Work Order proposal from McGee & Associates. 12-10-07: NTP to be sent out~ in progress. 12-11-07: NTP sent out with an expiration date of: 12-10-08. (G-17) ACTIVlo ONGOlcHi ['cssie- Annual Maintenance Coutract: #05-3686; PART 1-- "Golden Gate Beautification MSTU Roadway Grounds Maintenancefl - Expires 6-14-09 7-28-05: Notice to Proceed sent to Advanced Lawn Maintenance. 1 16\ 191 9-30-07: End of Fiscal Year. 10-12-07: New Fiscal Year PO's issued- NTP 2-5-08: Verbal notification - Advance Lawn has breached contract. Staff coordinating with purchasing dept. for action plan. 2-12-08: Obtaining price from CLM for a 4 month timeframe. 2-13-08: Purchasing Dept. reviewing submittal from Commercial Land Maintenance under existing contract #06-3928 which is the most recent CLM Contract that includes "incidentals" for repair of irrigation system andlor landscaping during the contract period. 3-3-08: NTP for Maintenance - Commercial Land - till May 2, 2008. 3-11-08: Request for deletion of lOft. height and lower 3-11-08: Deletion of lOft. specification not recommended. 4-10-08: Finalization of Maintenance Contract with Purchaseing 5-09-09: Bids to go out. (G-18): ACTIVE Darryl - Hunter & Coronado Project 6-13-07: Committee Requested for McGee & Association to bring back to next meeting - Scope for Designing Hunter & Coronado. 6-20-07: Staff review indicates that Hunter Boulevard would be the next project for Committee to obtain Design Services. Recommendation is based on (I) Public Comment at previous Committee Meetings, and (2) Available funds do not allow for both Hunter and Coronado projects to be done at one time. 8-12-07: Committee requested McGee to give them a proposal on designing both roads at the same time. Then Committee will decide on which one to do first. 9-11-07: McGee asked for more time to do the design. McGee to present at Oct. 9, 2007 meeting. 10-9-07: McGee distributed a "DRAFT" of Updating and Changes to the Master Plan for committee to review and return. 12-10-07: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 1-7-08: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 2-5-08: McGee to schedule a slide show and have costs for Committee to review and discuss with Commissioner Henning. (G-19) i ornpk-tcd "', ,:c MSTU Member Terms: Richard Sims, Chairman -10-06-2010 Barbara Segura, 10-06-2010 Pat Spencer, 10-06-2009 Peggy Harris, 10-05-09 Mike McElroy, 10-05-07 - New appt. 10-9-2011 9-10-07: at the 9-11-07 meeting Mr. McElroy resubmitted his application for renewal- to be reviewed by G.G. MSTU at meeting 9-11-07: Committee recommended Mr. McElroy for vacancy. 9-20-07: Memo sent to Filson for Recommendation to BCC. 10-09-07 10-09-07: BCC - approved recommendation - Mr. McElroy. 10-9-07 to 10-9-11 (4 year term) (G-24) ",Hnpktl' ):liT\ "- ,:,-'.,' G.Gate MSTU - 4 year Review Report by Committee Chairman to Bee Every four years on a rotating schedule, in accordance with Ordinance 2001-55, the advisory boards and committees of the Board of County Commissioners are up for review. Golden Gate MSTU Chairman scheduled to speak at BCC - 3-11-08 12-20-07: Requested Chairman for input on the report. 01-07-08: Reminded Chairman of deadline - January 11'h 2008 for cOlmty staff. 01.14-08: Completed report emailed to Mike Sheffield - per deadline 2-11-08: G.Gate Chairman signed report. 2-13-08: Rick Simms will report at the 3111/08 BCC meeting. (at 11:00 AM time certain (unconfirmed)) 3-11-08: Rick attended the BCC - Board approved all 4 year review reports at once. 2 161 181 T.....portdon Dlvlalon Tra...-1iIIhA ImprcM.ment DIWIctI Gallllr o.ta8n ~~rfDnMS1U(t.l/(tUI _. . . 11Ie GaIlIoa _.-ro .. ...-............. I .. _.1 n _......... ... - - . .1 . ~..... .".- .... .................fIjht.. III........ LJ . ......-.nIl ...~JI"..""''''''''' . ~ ..........1IllI u - ..... .. _...... ~...... - - ...... . ..........- .._....... _........-ro _ J 1 ........, 1M AdUIeoI, c.a.11I FY_ py- py- FY_ ~.....-...... . 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DNIIan 161 IB I From: carnell_s Sent: Wednesday, May 28, 2008 9:57 AM To: DL -Directors Cc: PriceLen; ochsJ; mudd.j; ramsey-m; 5ummersDan; SchmitUoseph; BestLinda; BrilhartBrenda; CallisKrislyn; CummingsRhonda; CurranJohn; DeLeonDiana; DOkeyJoy; GrosmanCourtney; HauerMike; JohnsonScott; jonesrandall; LynWood; MarkiewiczJoanne; perryman_d; purchasing_temp; ReavesBrenda; RoppCarol; tibbettsrhonda; ValentineLinda; ward_kelsey; white_greer Subject: Bid Invitations and Request for Proposals BID OPENINGS DELAYED FOR TWO WEEKS The Board of County Commissioners is seriously considering adoption of a local preference policy to promote economic development in our community. This item will next be discussed at the Board's June 10ith meeting. If adopted, this change in policy will affect the administration of the sealed bid and RFP processes. At the present time, purchases subject to the CCNA would be exempt from this policy change. As a result, the County Manger has directed the Purchasing Department to postpone all scheduled sealed bid openings and non-CCNA RFP closings for at least two weeks. Further, Purchasing Department will not be issuing any such solicitations during this time. If your department has any affected ITB or RFP solicitations, you or your staff member will be contacted by your purchasing agent and advised of the new bid opening or proposal closing date. Should this change present a significant hardship to your operations, please advise your agent accordingly and we will determine if alternative actions are appropriate and will implant accordingly. As always, your cooperation is greatly appreciated. Steve Carnell Purchasing/General Services Director RECEIVED OCT 0 2 2008 16/ 187 v- Fiala Halas Henning Coyle Coletta 1 Board of Count\{ Commissioners 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 4: I 0 p.m. by Chairman Richard Sims. II. Attendance Members: Peggy Harris (Excused), Michael McElroy (Absent), Barbara Segura, Richard Sims, Pat Spencer County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator Others: Mike McGee - McGee & Assoc., Darlene Lafferty - Mancan III. Approval of Agenda Richard Sims moved to approve the Agenda as submitted. Second by Barbara Segura. Motion carried unanimously 3-0. IV. Approval of Minutes - May 13, 2008 Richard Sims moved to approve the Minutes as submitted. Second by Pat Spencer. Motion carried unanimously 3-0. V. Landscape Architects Report - Michael McGee reported: A. Landscape Update ~ Weeds in the Turf (on Tropicana) - Darryl Richard will advise CLM ~ Darryl Richard reported Fertilizer and Chemical treatments have been applied on Tropicana and Sunshine ~ Bougainvillea bed on 951 (Median #1) is 100% covered with vines Richard Sims inquired on the progress of the Turn Lane-Misc. Corres: Darryl Richard responded that the work is complete. He noted Plants can be installed. Dale: ltem#: Copies to 161 18 7 Mike McGee noted the Irrigation would require adjustment. He suggested matching the existing Crown of Thorn and expanding the Bougainvillea in the Median area (Turn Lane.) Richard Sims reported I Shrub (across from Tropicana) appears to have snapped off. ~ I Pine Tree (Median #4) is broken off ~ Bougainvillea require pruning (on ISth) Darryl Richard will request a Maintenance check from CLM ~ Traffic Accident in the 1st Median (95 I) north of Golden Gate Pkwy Discussions ensued concerning the condition of Santa Barbara due to ongoing construction. It was suggested to suspend the "additionar' Mowing on Santa Barbara. Richard Sims moved to suspend the MSTU supplemental Mowing on Santa Barbara. Second by Barbara Segura. Motion carried unanimously 3-0. VII. Transportation Operations Report A. Current Budget - Caroline Soto Darryl Richard distributed a "Draft" ofthe Final FY09 Budget. Additionally the June 10, 200S Budget Report was distributed. (See Attachments) Pat Spencer questioned Line Item I Ad Valorem Tax Commitment for $9,515.15. Darryl Richard will inquire with Caroline Soto. B. Project Manager Report - Darryl Richard distributed and reviewed Bid Policy Change and Project Status Report. (See Attachments) He announced it may take the Purchasing Department 2 weeks for implementation of the new Bid Policy. . (G-26) Golden Gate Maintenance Contract Bidding - Pending VIII. Old Business A. Update on Golden Gate Parkway - Pat Spencer - None B. Grants - None C. Master Plan Discussion - Mike McGee distributed and reviewed the revised Master Plan Multiple Year Funding and Phasing spread sheet. (See attached) He announced based on the Projected Final FYOS / FY09 Taxable Value Millage Rate, Funds will not be available to complete both Coronado and Hunter. He reported the Projected FY09 Millage Rate will decrease to .3941. Discussions ensued. Richard Sims reiterated that he perceives the Project as a failure if I Road is untouched. He suggested the following as possible solutions: . Zero Scape 2 16/ 1B, . Utilize water from the canal (at the end of Coronado) in lieu Well Drilling . Installation ofless mature Trees Discussions continued. Mike McGee requested direction by the Committee to move forward with the Master Plan based on Funds that will be available. The suggestion was made to implement an Eco friendly system that would eliminate the need for Irrigation. Discussions ensued concerning changing the Master Plan. Diane Flagg noted ba~ed on the verbiage in the Master Plan that the Committee has total flexibility and modifications are unnecessary. It was determined that revision to the Master Plan for implementation of an alternative watering method and curbing changes is not required. Diane Flagg announced she is transferring to Code Enforcement effective July I, 2008. She stated she has enjoyed working with the Golden Gate MSTU Committee. Discussions ensued concerning the .3941 Millage Rate reduction. Diane Flagg responded that the approved Budget Projection should have reflected a County wide 2% reduction which is mandated by State Statues. Tessie Sillery distributed and reviewed Traffic Count Report. (See attached) Discussions ensued. It was recommended to table the discussion until the July 8, 2008 meeting. D. Design Process for Hunter & Coronado - Mike McGee suggested meeting with appropriate Departments prior to moving forward with the Concept. IX. New Business - None X. Public Comments - None XI. Tbere being no further business for tbe good of tbe County, the meeting was adjourned at 6:20 P.M. Gate MSTU Advisory Committee Richard Sims, Cbai 3 These minutes approved by the Committee on as presented .>s or amended ;- S 0 ~ The next meeting is scheduled for July 8, 2008 4:00 PM At Golden Gate Community Center Naples, FL 4 161 18, 1:1 ::0 Z N ::0 moO o U) -i s: ~ m m ~ ~ ~ -< m OUl 0'" Ul 0 -< ;;0 Ul 0 IO :>> Z < -< m Z o G) " m m Z ;;0 0 0-< m 0 z :>> -< Z o CD o m Z c :j Ul Z m G) 0 m .., Z 0 0;;0 -< " z ;;0 00 o ~ ;;0 m " <:l o if: ?; " -< ;;0 m 0 o < m ;;: m Z -< Ul ~ ~ o N o o CD .., ;;0 m o c ;;0 m o ... N '" CO ..... o o .. w ~ ... '" co .. .. '" N '" '" o .. '" '" ... '" '" ... '" '" '.. '" '" .. '" '" ~ ... '" CO o 00 '" o w *- 5. a; <l !!'. ~ ~ ~ -< N o N .. ... -... "' '" 00 co ... ... ~ '" '" N '" ... '" o 00 N '" ... '" "' I ... '" "' 00 t: .. c; '" ... '" .e .. '" ~ ~ '" w *- 5 a; <l !!'. ~ ." ~ -< N o N '" ... ~ N "' -... '" '" ... ~ N ~ ~ co co ... '" "' '" '" '" ... '" '" ... '" ... ... '" '" ... '" ... .. <;; "' -... o ~ ... ... 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Title I Title2 Title} Interval Begin 12:00 12:15 12:30 12:45 1:00 1:15 1:30 1:45 2:00 215 2:30 2:45 3:00 3:15 3:30 3:45 4:00 415 4:30 4:45 5:00 5:15 5:30 5:45 6:00 6:15 6:30 6:45 7:00 7:15 7:30 7:45 8:00 8:15 8:30 8:45 9:00 9:15 9:30 9:45 10:00 10:15 10:30 10:45 11:00 1115 11:30 11:45 Totals Collier County Transportation Department Traffic Operations Technicians: Luis & Elias : HUNTER BLVD : E OF SANTA BARBARA BLVD : NAPLES AM- EB 7 6 I I 2 I 2 0 2 2 2 1 0 0 1 I 0 I 0 2 5 3 6 10 7 14 14 19 28 27 34 30 29 33 24 19 16 16 23 26 24 21 18 18 27 20 26 21 590 7:30 126 0.93 2.208 5 PM- EB -~- 24 25 22 18 26 25 30 38 30 45 51 47 44 52 58 61 53 46 60 56 62 62 56 35 44 31 36 23 33 26 39 33 26 32 34 32 34 22 20 20 26 10 10 17 10 II 7 ._~---.._-_..- 1.618 15 7 2 3 24 54 119 105 81 81 94 Peak Hour Volume Factor DayT olal Data File : 4:45 240 0.97 HUNTER BLVD E OF SANTA BARBARA BL V[ 161 181 Site: Date: 513080010001 05113/08 Day: Tuesday 87 99 164 201 220 236 146 121 125 108 66 45 Printed": 5/15/2008 P~e: Title I Title2 Title3 Interval Begin 12:00 12:15 12:30 12:45 100 115 1:30 1:45 2:00 2:15 2:30 2:45 3:00 3:15 3:30 345 4:00 4:15 430 4:45 5:00 5:15 5:30 5:45 6:00 6:15 6:30 6:45 7:00 7:15 7:30 7:45 8:00 8:15 8:30 8:45 9:00 9:15 9:30 9:45 10:00 10:15 10:30 10:45 1100 11:15 1l:30 11:45 Totals Peak Hour Volume Factor DayT otal Collier County Transportation Department Traffic Operations Technicians: Luis & Elias : HUNTER BLVD : E OF SANTA BARBARA BLVD : NAPLES AM-We 2 2 2 2 2 I 2 I I I 2 2 2 2 I o I 10 7 6 II 12 25 22 35 50 46 40 55 66 49 42 43 38 22 19 18 26 27 31 28 20 19 26 19 13 13 13 877 6 PM- ull~ . 22 19 22 19 26 21 15 26 27 27 29 33 41 27 36 36 30 42 32 29 41 25 44 49 33 37 33 21 33 29 17 29 30 25 17 24 28 25 18 18 15 15 6 4 9 5 4 2 1195 8 6 5 24 70 171 212 122 102 93 58 -~~-_._--.,--~._~ 7:00 212 0.8 5:30 163 0.83 2.072 Data File:' HUNTER BL VO E OF SANTA BARBARA BL V[ "~"Printed----:-57i 5/200S- -Page :- 16/ 1B1 Site: Dale: 513 0800 1000 1 05/13/08 Day: Tuesday 82 88 116 140 133 159 124 108 96 89 40 20 Collier Countv Transuortation Deuartment 16 I 18 7 Traffic Operations Technicians: Luis & Elias Title 1 : HUNTER BLVD Site: 513080010001 Title2 : E OF SANTA BARBARA BLVD Date: 05/13/08 Title3 : NAPLES Direction: EB Begin Total 1.14 15.19 20.24 25.29 30.34 35.39 40.44 45-49 50:54 .----sIT9- 60-64 65.69 '7~~ Time MPH MPH MPH MPH MPH MPH MPH MPII MPH MPH MPH MPH MPH 4 5 5 0 -----~- 12:AM 15 0 0 I 0 0 0 0 0 0 28 01:00 5 0 0 0 4 0 I 0 0 0 0 0 0 0 29 02:00 7 0 0 2 2 2 I 0 0 0 0 0 0 0 28 03:00 2 0 0 I I 0 0 0 0 () () 0 0 0 24 04:00 3 0 0 0 2 I 0 0 0 0 0 0 0 0 29 05:00 24 0 I 3 II 5 3 I 0 0 0 0 0 0 29 06:00 54 2 0 10 23 14 5 0 0 0 0 0 0 0 28 07:00 119 2 6 24 54 23 10 0 0 0 0 0 0 0 27 08:00 105 0 2 25 47 25 6 0 0 0 0 0 0 0 27 09:00 81 0 1 18 35 22 5 0 0 0 0 0 0 0 28 1000 81 I 6 15 30 20 8 1 0 0 0 0 0 0 28 11:00 94 0 3 19 45 23 4 0 0 0 0 0 0 0 27 12:PM 87 0 2 18 36 21 8 2 0 0 0 0 0 0 28 01:00 99 0 4 25 45 21 3 I 0 0 0 0 0 0 27 02:00 164 0 5 33 71 47 8 0 0 0 0 0 0 0 28 03:00 201 0 3 40 88 55 14 0 I 0 0 0 0 0 28 04:00 220 2 3 42 105 53 13 0 0 1 0 I 0 0 28 05:00 236 I 4 27 119 66 17 I 0 0 I 0 0 0 28 06:00 146 0 0 12 73 43 15 3 0 0 0 0 0 0 29 0700 121 I 6 20 68 23 3 0 0 0 0 0 0 0 27 08:00 125 0 5 38 64 II 6 0 0 I 0 0 0 0 26 09:00 108 0 6 28 53 17 3 0 I 0 0 0 0 0 26 10:00 66 I I 23 32 6 I I 0 0 0 I 0 0 26 11:00 45 0 I 10 22 8 2 2 0 0 0 0 0 0 28 Dailv 2.208 10 59 437 1.035 Sir-i37 12 2 2 1 2 0 0 28 Totals Percent 0.5 2.7 19.8 46.9 23.1 6.2 0.5 0.1 0.1 0.0 0.1 0.0 0.0 of Total -----.--.--- Percentile Speeds 10% 15% 50% 85% 90% 21.7 23.0 27.9 33.3 34.4 10 MPH Pace Speed: 25 -35 Number in Dace 1.546 %inpace 70.0 Speed Exceeded 45 MPH 55 MPH 65 MPH Percentage 0.3 0.1 0.0 Totals 7 3 0 Data File: HUNTER BL YD E OF SANTA BARBARA BL vI: Printed: slfsJ2008 Page: Collier Countv Transportation Department 16 I 181 Traffic Operations Technicians: Luis & Elias Title I : HUNTER BL VD Site: 51308001000 I Title2 : E OF SANTA BARBARA BLVD Date: 05/13/08 Title3 : NAPLES Direction: WB Begin Total 1.14 15.19 20.24 25.29 30.34 35.39 40.44 45-49 50.54 55.59 60.64 65.69 70.99 Avg Time MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH 12:AM 8 0 0 I i' 2 3 -0-----0- ----o------o--O~ 0 0 31 01:00 6 0 0 0 3 2 I 0 0 [) 0 0 0 0 30 02:00 6 0 0 3 I I I 0 0 0 0 0 0 0 27 03:00 5 0 0 I 3 0 I 0 0 0 0 0 0 0 28 04:00 24 I 0 3 7 7 5 0 I 0 [) [) 0 0 30 0500 70 0 I 14 31 13 9 2 [) 0 0 0 0 0 28 06:00 171 3 3 24 79 48 12 0 0 0 I I 0 [) 28 07:00 212 [) 4 34 102 57 13 I I 0 0 0 0 0 28 08:00 122 2 3 26 58 27 5 I 0 0 0 0 0 0 27 09:00 102 0 4 II 42 38 6 0 0 I 0 0 0 0 29 10:00 93 I [) 12 43 27 8 I I 0 0 0 0 0 29 11:00 58 I 0 9 24 18 5 I 0 0 0 0 0 0 29 12:PM 82 0 2 22 29 18 II 0 0 0 0 0 0 0 28 01:00 88 0 I 20 38 17 10 2 0 0 0 0 0 0 28 02:00 116 0 4 19 46 28 17 2 0 0 0 [) 0 0 29 03:00 140 I 4 26 55 43 8 3 0 0 0 0 0 0 28 04:00 133 0 4 10 58 38 19 3 0 I [) 0 0 [) 30 05:00 159 0 5 26 68 42 15 2 0 0 I 0 0 [) 29 06:00 124 0 I 19 51 40 II 2 0 0 0 0 0 0 29 07:00 108 I 9 27 42 21 7 I 0 0 0 0 0 0 26 08:00 96 0 6 30 41 15 4 0 0 0 0 0 0 0 26 0900 89 0 I 27 44 12 3 2 0 0 0 0 0 0 27 10:00 40 0 I 5 18 14 0 I I 0 0 0 0 0 29 11:00 20 0 I 7 5 5 2 0 o 0 0 0 [) 0 27 Dailv" 2.072 10 54 376 890 533 .~U. 24 - 4---2---Y-- I 0 0 28 Totals Percent 0.5 2.6 18.1 43.0 25.7 8.5 1.2 0.2 0.1 0.1 0.0 0.0 0.0 of Total -~ ---.._---- ----- Percentile Speeds 10% .li~ 50% 85~ 2.0% 2\.9 23.3 28.3 34.1 35.1 10 MPH Pace Soeed : 25.35 Number in pace 1:423 % in pace 68.7 Speed Exceeded 45 MPH 55 MPH 65 MPH Percentage 0.4 0.1 0.0 Totals 9 3 0 Data File: HUNTER BLVD E OF SANTA BARBARA BLVl:~~---- Printe~5-/2008 P~e. Title I Title2 Title3 Begin Time 12:AM 01:00 02:00 03:00 0400 05:00 06:00 07:00 08:00 09:00 1000 11:00 12:PM 01:00 02:00 0300 0400 05:00 06:00 07:00 08:00 09:00 10:00 11:00 Daily m_ Totals Percent or Total Collier County Transportation Department Traffic Operations Technicians: Luis & Elias : HUNTER BLVD : E OF SANTA BARBARA BLVD : NAPLES I Total 15 5 7 2 3 24 54 119 105 81 81 94 87 99 164 201 220 236 146 121 125 108 66 45 2.208 Bikes o o o o o o o 1 o o o o o 1 o 2 5 4 o 2 1 I o o 17 Direction: EB 2 3 4 5 6 Cars & 2 Axle 2 Axle 3 Axle Tlrs Long Buses 6 Tire Single 12 2 0 1 0 5 0 000 6 1 000 I I 000 2 I 000 17 5 0 2 0 37 11 0 5 0 78 32 0 8 0 68 30 1 5 1 60 17 0 3 0 53 25 0 3 0 60 31 0 3 0 62 23 0 2 0 64 25 0 6 0 110 48 0 6 0 137 54 0 8 0 136 67 I 10 0 140 86 0 5 0 88 50 0 6 0 80 38 0 1 0 80 44 0 0 0 75 31 0 0 0 52 13 0 1 0 31 13 0 1 0 1.454~------Y--~---1- 0.8 65.9 29.3 0.1 3.4 0.0 Data File : HUNTER BLVD E OF SANTA BARBARA BLV[ ---..-.-.-.-.-------.-- "-.--.------. PaRe: 7 4 Axle Single o o o o o o o o o o o o o o o o o o o o o o o o o 8 <SAxl Double o o o o o o 1 o o 1 o o o 3 o o 1 1 I o o 1 o o ~- 0.0 0.4 9 5 Axle Double o o o o o o o o o o o o o o o o o o 1 o o o o o I 161 18-1 Site: 513080010001 Date: 05/13/08 10 ] 1 12 13 >6 Ax! <6 Axl 6 Axle >6 Axl Double Multi Multi Multi o -O'-~o-'-() o 0 0 0 000 0 000 0 o 000 o 0 0 0 o 0 0 0 o 000 000 0 o 000 o 0 () 0 o 0 0 0 o 000 o 000 () 000 o 0 0 0 o 000 o 000 () 000 000 0 o 000 o 000 o 000 o 000 ------0.-.0 0 0 0.0 0.0 0.0 0.0 0.0 Printed: 5/15/2008 Collier County Transportation Department 16 I 181 Traffic Operations Technicians: Luis & Elias Titlel : HUNTER BLVD Site: 513080010001 Title2 : E OF SANTA BARBARA BLVD Date: 05113/08 Title3 : NAPLES Direction: WB 1 2 ~_.~- 4 5 6 7 8 9 10 11 12 13 Begin Cars & 2 Axle 2 Axle 3 Axle 4 Axle <SAxl 5 Axle >6Axl <6Axl 6 Axle >6Axl Time Total Bikes Tlrs Long Buses 6 Tire Single Single Double Double Double Multi Multi Multi 12:AM 8 0 7 I 0 0 0 0 0 0 0 0 0 0 01:00 6 0 3 3 0 0 0 0 0 0 0 0 0 0 02:00 6 0 5 I 0 0 0 0 0 0 0 0 0 0 03:00 5 0 3 I 0 I 0 0 0 0 0 0 0 0 04:00 24 0 18 6 0 0 0 0 0 0 0 0 0 0 05:00 70 2 46 19 0 3 0 0 0 0 0 0 0 0 06:00 171 I 103 57 0 10 0 0 0 0 0 0 0 0 07:00 212 3 137 57 I 10 0 0 4 0 0 0 0 0 08:00 122 0 79 34 0 6 0 0 2 0 I 0 0 0 09:00 102 2 74 24 0 I 0 0 I 0 0 0 0 0 10:00 93 I 60 29 0 2 0 0 I 0 0 0 0 0 11:00 58 0 39 15 0 3 0 0 I 0 0 0 0 0 12:PM 82 I 56 19 0 3 I 0 2 0 0 0 0 0 01:00 88 0 64 15 I 4 I 0 3 0 0 0 0 0 02:00 116 0 79 34 I 2 0 0 0 0 0 0 0 0 03:00 140 0 94 41 I 3 0 0 0 0 0 I 0 0 04:00 133 I 92 36 0 3 0 0 I 0 0 0 0 0 05:00 159 3 112 41 0 3 0 0 0 0 0 0 0 0 06:00 124 I 88 33 0 2 0 0 0 0 0 0 0 0 07:00 108 I 75 31 0 I 0 0 0 0 0 0 0 0 08:00 96 0 60 35 0 I 0 0 0 (I 0 0 0 0 09:00 89 0 68 20 0 0 0 0 I 0 0 0 0 0 10:00 40 I 33 5 0 I 0 0 0 0 0 0 0 0 11:00 20 0 18 I 0 I 0 0 0 o 0 0 0 0 Dailv 2.072 17 1.413 558 4 60 2 0 16 -----0- -~ I 0 0 Totals Percent 0.8 68.2 26.9 0.2 2.9 01 0.0 0.8 0.0 0.0 0.0 0.0 0.0 of Total Data File: HUNTER BLVD E OF SA NT A BARBARA BL V[ Printed. 5/15/2008 Page. Titlel Title2 Title3 Interval Begin 1200 12:15 1230 12:45 LOa 1:15 130 1:45 2:00 2:15 230 2:45 300 3:15 3:30 345 400 4:15 430 445 5:00 5:15 530 5:45 600 615 6:30 645 700 7:15 730 745 8:00 8:15 830 845 9:00 915 9:30 945 10:00 1015 1030 1045 I LaO II:l5 11:30 11:45 Totals Peak Hour Volume Factor DayTotal Collier County Transportation Department Traffic Operations Technicians: Luis & Elias 161 : HUNTER BLVD : N OF CORONADO BLVD : NAPLES AM- NB o 3 2 o o I o o o 3 I I I I o I o o I 2 1 4 5 6 7 16 17 18 17 25 27 29 24 24 19 16 18 to 13 15 12 30 9 11 14 17 7 9 437 5 PM- NB - -----...--------- 12 63 18 12 21 15 57 20 13 9 22 98 21 28 27 19 113 31 25 38 26 127 27 32 42 33 127 37 20 37 31 99 23 23 22 19 90 25 28 18 17 75 22 20 16 19 69 19 18 13 ]0 51 18 14 9 6 18 5 2 5 5 3 3 16 58 98 83 56 62 47 987 7:15 105 0.91 430 144 0.86 1.424 Data File. HUNTER BLVD N OF CORONADO BLYC 1 Sf Site: Date: 5130800 I 0002 05/13/08 Day: Tuesday Printed: 5/15/2008 Page: Collier County Transportation Department Traffic Operations Technicians: Luis & Elias Titlel Title2 Title3 : HUNTER BLVD : N OF CORONADO BLVD : NAPLES Interval Begin 12:00 1215 1230 12:45 100 1:]5 130 145 200 2:15 2:30 2:45 300 3:\5 330 3:45 400 415 430 4:45 5:00 5:15 5:30 545 6.00 6:15 6:30 6:45 700 7:15 730 7:45 8:00 8:15 830 845 9:00 915 930 9:45 10:00 1015 1030 1045 11:00 11:15 1130 1145 Totals AM - ~ i? 5 I 2 3 o I 2 I I o o 2 o o o I o I o o I 3 5 6 II 10 13 24 23 13 26 33 36 25 33 39 26 18 16 20 14 17 19 15 10 19 22 20 537 PM. $0 II 21 13 18 23 20 11 21 25 25 25 13 25 38 35 28 40 31 33 39 35 30 46 30 37 33 20 27 28 23 25 24 19 18 24 17 20 22 16 14 15 II 6 8 5 7 10 2 5 _n___ 1.061 4 3 15 58 95 133 80 65 71 Peak Hour 8:00 Volume 133 Factor 0.85 DavTotal 1,598 430 150 0.82 Data File' ] !lINTER BL YO N OF CORONADO BL VC ""-' ..._"..._.--,.,_._-_.... --~.._,~,-_.._--,..__.._-> _.~~~....._.._------ 161 75 77 88 141 138 143 108 91 79 67 30 24 Printed' 5/15/2008 1St Site: Date: 513080010002 05/13/08 Day: Tuesdav Page: .---~- Collier County Transuortation Deuartment 16 I 1 87 Traffic Operations Technicians: Luis & Elias Title! : HUNTER BLVD Site: 5130800 I 0002 Title2 : N OF CORONADO BLVD Date: OS/] 3/08 Title3 : NAPLES Direction: NB ---- --- ---- - --------- 60.64 - Begin Total 1.14 15.19 20.24 25.29 30.34 35.39 40.44 45.49 50.54 55.59 65.69 70.99 Avg Time MPH MPH MPIl MPH MPH MPIl MPH MPH MPIl MPH MPH MPH MPH --------- 0 -----0 12:^M 5 0 I I 0 I 2 0 0 0 0 0 29 01:00 I 0 0 0 I 0 0 0 0 0 0 0 0 0 27 02:00 5 I 0 I I 2 0 0 0 0 0 0 0 0 24 0300 3 0 I 0 I 0 I 0 0 0 0 0 0 0 27 0400 3 0 0 0 0 2 0 I 0 0 0 0 0 0 35 05:00 16 0 I 2 8 4 I 0 0 0 0 0 0 0 28 06:00 58 I 3 13 23 II 7 0 0 0 0 0 0 0 27 0700 98 I 9 33 30 18 4 2 0 0 0 I 0 0 26 0800 83 I 14 18 23 21 6 0 0 0 0 0 0 0 26 09:00 56 I 3 13 29 7 3 0 0 0 0 0 0 0 26 1000 62 I I 20 26 10 2 I 0 I 0 0 0 0 27 1100 47 0 3 14 21 6 2 I 0 0 0 0 0 0 26 12PM 63 3 I 14 22 15 4 2 I I 0 0 0 0 28 0100 57 3 4 29 14 5 2 0 0 0 0 0 0 0 24 0200 98 0 15 29 40 5 4 3 I I 0 0 0 0 26 0300 113 I 9 26 61 14 2 0 0 0 0 0 0 0 26 0400 127 I 8 25 49 36 8 0 0 0 0 0 0 0 27 05.00 127 0 5 33 53 29 5 2 0 0 0 0 0 0 27 0600 99 I 3 13 38 31 II 2 0 0 0 0 0 0 29 0700 90 2 8 27 35 15 2 I 0 0 0 0 0 0 25 0800 75 I 13 15 33 12 I 0 0 0 0 0 0 0 25 0900 69 0 6 25 27 II 0 0 0 0 0 0 0 0 25 1000 51 0 7 14 17 II I I 0 0 0 0 0 0 26 11:00 18 0 3 6 6 3 0 0 0 0 0 0 0 0 24 --- ------- ------- Daily 1.424 18 liS 371 558 269 68 16 2 3 0 1 0 0 26 Totals Percent U 8.3 26.1 39.2 18.9 4.8 1\ 0.1 02 0.0 0.1 00 0.0 of Total Percentile Speeds 10% li'!!o SO~ 85% 2!l'Z!> 20.! 21.1 26.8 32.7 34.0 10 MPH Pace Speed: 20.30 Number in pace 929 %in pace 65.2 Speed Exceeded 45MPIt 55 \tPIt 65 MPH Percentage 0.4 0.1 0.0 Totals 6 I 0 Data File: HUNTER BL VO N OF CORONADO BL ve Printed. 5/15/2008 PlU!.e Title 1 Title2 Title3 Collier County Transportation Department Traffic Operations Technicians: Luis & Elias : HUNTER BLVD : N OF CORONADO BLVD : NAPLES Begin Total Time 12AM 11 0100 4 0200 3 0300 1 0400 1 05:00 15 0600 58 07:00 95 08:00 133 0900 80 1000 65 1100 71 12:PM 75 01:00 77 02:00 88 03:00 141 04:00 138 05:00 143 0600 108 0700 91 08:00 79 0900 67 lO:OO 30 11:00 24 ----- Daily ] .598 Totals Percent of Total Percentile Speeds 10 MPH Pace Speed Number in pace % in pace Speed Exceeded Percentage Totals Data File 1.14 15.19 MPH MPlI o 1 1 0 o 0 o 1 o 0 o 1 o 6 1 13 4 14 2 10 o 4 o 7 2 7 7 11 o 4 2 ]5 o 11 o 2 o 5 3 12 1 9 1 8 o 3 1 0 -- 25 144 16 10% 19.7 20.30 1065 66.6 45MPII 0.2 3 Direction: SB 20.24 i5~29-30.34 ~---~ 35-3~9 40-44 45.49 MPH MPH MPII MPH MPH MPlI --------..---- ------------ 234 1 0 0 1 1 0 1 0 0 1 1 1 0 0 0 o 0 0 0 0 0 o 1 0 0 0 0 1 543 1 0 18 20 10 4 0 0 25 29 22 4 I 0 39 49 19 6 2 0 25 28 12 2 1 0 12 25 16 8 0 0 20 33 9 I 1 0 20 31 10 5 0 0 27 23 7 1 0 1 22 39 17 3 3 0 33 58 28 5 0 0 25 68 27 6 0 I 34 72 29 6 0 0 20 51 30 1 1 0 29 28 17 2 0 0 22 36 7 4 0 0 25 24 8 1 0 0 11 11 3 2 0 0 4 13 4 I 0 0 --- ----- ------- 416 649 284 67 10 2 9.0 26.0 40.6 17.8 42 0.6 0.1 Ll% 20.9 50% 26.6 85% 32.2 90% 33.6 55 MPH 0.1 I 65 MPH 00 o 11UNTER BLVD N OF CORONADO BL VC 50.54 55.59 MPH MPII ------------- o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o () o 0 o 0 o 0 o 0 o 0 o () o 0 o 0 o () o 0 o 0 o 0 () 0 o 0 ---..- o 0 0.0 0.0 Printed: 161 Site: Date: 60.64 MPH -- o o o o o o o o o o o o o o o o o o o o o o o 1 I 65.69 MPlI o o o o o o o o o o o o o o o o o o o o o o o o ------ o 0.1 00 5/15/2008 181 513080010002 05/13/08 70-99 Avg MPH o 28 o 24 o 27 o 17 o 27 o 30 o 26 o 26 o 25 o 25 o 28 o 26 o 26 o 23 o 27 o 26 o 27 o 27 o 27 o 25 o 25 o 24 o 25 o 28 o 26 0.0 Page: Collier County Transportation Department 16 I 18 Traffic Operations 1 Technicians: Luis & Elias Titlel : HUNTER BLVD Site: 5130800] 0002 Title2 : N OF CORONADO BLVD Date: 05113/08 Title3 : NAPLES Directi on: N B -1-- ---- -~ -- 8 9 ---- If 12 ]3 2 3 4 5 7 ]0 Begin Cars & 2 Axle 2 Axle 3 Axle 4 Axle <5 Axl 5 Axle >6Axl <6Axl 6 Axle >6Axl Time Total Bikes Tlrs Long Buses 6 Tire Single Single Double Double Double Multi Multi Multi ~-- ------- 0 . 0 0 ~ 0 12,^M 5 0 3 1 0 1 0 0 0 0 OLOO 1 0 0 1 0 0 0 0 0 0 0 0 0 0 02,00 5 0 5 0 0 0 0 0 0 0 0 0 0 0 0300 3 0 2 1 0 0 0 0 0 0 0 0 0 0 0400 3 0 3 0 0 0 0 0 0 0 0 0 0 0 05:00 16 0 6 8 0 2 0 0 0 0 0 0 0 0 06,00 58 1 32 19 1 5 0 (1 0 0 0 0 0 0 07,00 98 0 66 24 0 3 0 0 5 (1 0 0 0 0 0800 83 0 58 22 1 1 0 0 1 0 0 0 0 0 0900 56 1 39 14 0 1 0 0 1 0 0 0 0 0 1000 62 2 42 16 0 1 0 0 1 0 0 0 0 0 1 LOO 47 0 37 8 0 1 0 0 1 0 0 0 0 0 12PM 63 0 43 17 0 3 0 0 0 0 0 0 0 0 OLOO 57 1 38 11 0 3 1 0 3 0 0 0 0 0 0200 98 0 66 23 2 4 I 0 2 0 0 0 0 0 03.00 113 2 77 30 0 4 IJ 0 0 0 0 0 0 0 OUO 127 0 96 29 0 2 0 0 0 0 0 0 0 0 05,00 127 2 88 30 0 7 0 0 0 0 0 0 0 0 06,00 99 0 71 26 0 2 0 0 0 0 0 0 0 0 0700 90 0 66 23 0 1 0 0 0 0 0 0 0 0 0800 75 1 56 18 0 0 0 0 0 0 0 0 0 0 0900 69 1 45 22 0 0 0 0 1 0 0 0 0 0 10,00 51 0 39 10 0 2 0 0 0 0 0 0 0 0 1 LOO 18 0 13 4 0 1 0 0 0 0 0 0 0 0 991 357 4 .----- 15 . 0 0 0 .~- Daily 1.424 11 44 2 0 0 0 Totals Percent 0.8 69.6 25.1 0.3 3.1 0.1 0.0 11 00 0.0 00 0.0 0.0 of Total Data File. HUNTER BL VD N OF CORONADO Stye Printed: 5/] 5/2008 Page: - Title I Thle2 Title3 Begin Time 12:AM 01:00 0200 03:00 04:00 0500 0600 0700 08:00 09:00 10:00 11:00 12:PM 01:00 0200 0300 0400 05:00 0600 0700 0800 0900 I()OO 11:00 Dailv Totals Percent of Tota] Data File Collier County Transportation Department Traffic Operations Technicians: Luis & Elias : HUNTER BLVD : N OF CORONADO BLVD : NAPLES --- j 23 Cars & 2 Axle Bikes Tlrs Long 6'--~-1 040 021 o I 0 o I 0 o 13 2 I 33 16 o 58 33 2 92 30 o 69 II o 43 19 o 48 20 I 57 15 o 57 17 2 67 16 o 94 42 o 96 30 I 102 37 I 70 JJ o 65 26 I 61 16 o 53 14 o 19 8 o 17 6 --- 9 1.131 393 Total II 4 3 I I 15 58 95 133 80 65 71 75 )) 88 141 138 143 108 91 79 67 30 24 1.598 0.6 70.8 4 Buses o o o o o o o o 2 o O. I o o o () I o o o o o o o ---------. 4 24.6 03 IllJNTER BLVD N OF CORONADO BL VC Direction: SB 5 6 7 2Axle 6 Tire 3 Axle 4 Axle Single Single -- 100 000 000 000 000 000 700 400 6 I 0 000 200 200 100 100 ] 0 0 500 II 0 0 100 300 000 I () 0 000 200 100 --------- ------- 51 I 0 3.2 0.1 00 161 8 9 10 <5 Axl 5 Axle >6 Ax! Double Double Douhle ______.__ - _____n_ 000 o () 0 000 000 000 000 100 o 0 () o () 0 000 100 000 100 200 000 000 000 200 100 000 o 0 () o 0 () 100 000 900 0.6 0.0 Prinled: 5115/2008 181 Silo: 513080010002 Date: 05/13/08 0.0 II~2 13 <6Axl Multi o o o o o o o o o o o o o o o o o o o o o o o o o 0.0 6 Axle >6 Axl Multi Multi -- o 0 o 0 o 0 () 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o () o () o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 0.0 O() Page: Title I Title2 Title3 Interval Begin ----------- 1200 1215 1230 1245 100 115 UO 1:45 2:00 2:15 230 2:45 300 315 330 3:45 400 4:15 4:30 4:45 5:00 5:]5 5:30 5:45 6:00 6:15 6:30 6:45 700 7:15 730 745 800 8:15 8:30 8:45 9:00 9:15 9:30 9:45 1000 10:15 10:30 10:45 1100 1115 IUO 11:45 ----- Totals Peak Hour Volume Factor DayTotal Data File: : CORONADO BLVD : E OF HUNTER BL VD : NAPLES AM- EB ------------------- 5 6 4 3 3 2 3 o 4 2 I 2 o 2 o 2 I 3 3 2 2 9 II 18 12 21 42 46 50 58 70 63 77 54 68 50 58 43 48 47 35 57 56 49 55 42 68 54 UII 7:]5 268 0.87 4.715 0064C.6747D080513092122 Collier Countv Transportation Department Traffic Operations Technicians: Luis & Elias PM. EB 76 72 78 73 73 64 68 56 67 65 64 90 ]01 100 84 93 1]5 104 114 118 126 ]01 120 ] 19 103 89 100 76 64 72 75 81 7] 80 63 62 59 47 46 29 34 25 29 14 ]6 13 6 9 3:404 18 8 9 4 9 40 121 24] 249 196 197 219 5:00 466 0.92 16/ 299 261 286 378 451 466 368 292 276 181 ]02 44 Printed: 5/15/2008 1 B1 Site: Date: 513080010003 05113/08 Day: Tuesday Page: Title I Title2 Title3 Interval Begin 12:00 12:15 12:30 12:45 100 l:15 130 1:45 200 2:15 2:30 2:45 3:00 3:]5 3:30 3:45 400 4:15 4:30 4:45 500 5:15 530 5:45 6:00 6:15 6:30 6:45 7:00 7:15 7:30 7:45 800 8:15 8:30 8:45 900 9:15 9:30 9:45 1000 10:15 1030 10:45 1100 IllS 1130 11:45 Totals Peak Hour Volume Factor DayTotal : CORONADO BLVD : E OF HUNTER BLVD : NAPLES AM - viI? 4 2 6 4 2 1 3 3 4 o o 2 1 2 3 1 2 o o 8 3 8 12 18 14 37 62 64 63 75 83 108 76 92 67 61 54 41 59 46 33 45 52 47 41 56 43 43 1451 7:30 359 0.83 4.118 Data File. 0064C-67470OSosi-3092'122- Collier County Transportation Department Traffic Operations Technicians: Luis & Elias .. ._____~~- ~J6 50 46 60 60 41 36 58 52 58 62 72 64 66 90 82 76 84 85 81 72 85 84 79 84 84 95 68 60 50 69 67 63 44 64 46 44 49 44 39 26 18 29 22 17 15 12 6 9 -..---- - 2.667 16 9 6 7 10 41 177 329 296 200 177 183 530 342 0.9 161 187 Site: Date: 513080010003 05/13/08 Day: Tuesday 216 187 256 314 322 332 307 249 198 158 86 42 Printed. 5/15/2008 Page Collier County Transuortation Deuartment 16 I 18 1 Traffic Operations Technicians: Luis & Elias Titlel : CORONADO BLVD Site: 5130800 I 0003 Title2 : E OF HUNTER BLVD Date: 05113/08 Title3 : NAPLES Direction: EB ------- 35.39 40.44 45.49 ~~ 50.54----sS.59 ----w:64- . 65.69 70.99 Avg Begin Total 1.14 15-19 20.24 25.29 30.34 Time MPH MPII MPH MPll MPH MPH MPH MPH MPH MPH MPll MPH MPH ------------" -------------..-- 12:AM 18 0 0 0 3 5 7 2 I o 0 0 0 0 35 01:00 8 0 0 2 I 2 I I I 0 0 0 0 0 33 0200 9 0 0 0 2 2 2 0 3 0 0 0 0 0 37 0300 4 0 0 0 0 0 2 I I 0 0 0 0 0 41 04:00 9 0 0 0 3 3 2 I 0 0 0 0 0 0 33 05:00 40 0 0 2 2 14 14 7 I 0 0 0 0 0 35 0600 121 0 0 5 25 42 40 7 2 0 0 0 0 0 33 07:00 241 0 I 4 41 89 81 19 4 I I 0 0 0 34 08:00 249 0 0 13 54 94 65 21 2 0 0 0 0 0 33 09:00 196 0 6 25 53 71 31 8 2 0 0 0 0 0 30 10:00 197 0 0 16 55 78 40 7 0 I 0 0 0 0 31 11:00 219 0 I 16 62 89 39 10 2 0 0 0 0 0 31 12PM 299 0 I 24 88 106 63 16 I 0 0 0 0 0 31 01:00 261 0 0 16 71 86 66 18 3 I 0 0 0 0 32 0200 286 0 I 26 70 124 52 10 2 I 0 0 0 0 31 0300 378 0 I 26 103 140 90 9 7 0 I 0 0 I 32 0400 451 0 2 26 97 172 123 28 3 0 0 0 0 0 32 0500 466 0 I 22 93 197 117 22 9 I I I 0 2 33 0600 368 0 3 17 105 125 93 20 4 0 0 I 0 0 32 0700 292 0 2 17 95 94 63 19 2 0 0 0 0 0 32 0800 276 0 3 29 92 89 56 7 0 0 0 0 0 0 30 09:00 181 0 2 13 52 69 40 5 0 0 0 0 0 0 31 1000 102 0 0 II 32 32 23 2 I 0 0 0 0 I 31 11:00 44 0 I 0 8 12 14 7 I 0 0 0 I 0 35 ---------------------- 25 310 ------------ ~,---- Daily 4.715 0 1.207 1.735 1.124 247 5 3 2 I 4 32 Totals Percent of Tot a] 0.0 0.5 6.6 25.6 36.8 23.8 5.2 II 01 01 0.0 0.0 0.1 Percentile Speeds lQ% 25.6 15'}:'Q 26.5 ~% 32.4 85% 38.3 20% 39.3 10 MPH Pace Speed Number in pace %in pace 25.35 2.942 62.4 Speed Exceeded Percentage Tota]s 45 MPH 14 67 55 MPH 0.2 10 65 MPH 0.1 5 Data File. 0064C.6 74 7D0805 13092122 Prinicd":- 5/15/2008 Page: Title I Title2 Title3 Begin Time 12AM 0100 0200 03:00 04:00 0500 0600 0700 0800 0900 1000 1100 I2PM 0100 02:00 03:00 0400 0500 0600 0700 0800 09:00 10:00 1100 Dailv Totals Percent of Total Percentile Soeeds Total 16 9 6 7 10 41 177 329 296 200 177 183 216 187 256 314 322 332 307 249 198 158 86 42 4.118 10 MPH Pace Speed: Number in pace % in pace Speed Exceeded Percentage Totals : CORONADO BLVD : E OF HUNTER BLVD : NAPLES 1.14 15.19 MPH MPH --------- o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 5 o 4 1 3 o 0 o 1 o 2 o 1 o 1 I 3 o 1 2 4 o 0 1 3 o 3 o 1 o 0 o 1 5 33 0.1 10% 25.1 25 - 35 2.611 63.4 45 MPH 10 43 20.24 MPH 3 o 1 o 2 2 9 22 28 24 15 12 17 11 19 27 24 21 18 36 28 17 12 3 Ei 0.8 .15% 26.] 55 MPH 0.2 8 Collier County Transportation Department Traffic Operations Technicians: Luis & Elias 25.29 MPH 3 3 o 3 o 12 51 94 75 54 50 55 43 42 60 91 79 70 80 81 53 57 16 6 1078 8.5 26.2 Direction: WB . 36;3~-E:j9 -40~45~4ij-- 50.54- - - 55.59 MPlI MPH MPH MPI-I MPH MPlI 6 3 --0----1 -- -0---0 1 1 1 I 2 0 3 1 000 1 2 2 0 0 0 0 6 2 000 0 14 8 3 2 0 0 68 40 5 2 1 0 120 71 13 4 0 0 98 76 10 2 0 0 69 38 9 I 0 0 59 44 7 1 1 0 66 42 6 1 0 0 81 61 10 0 2 0 66 52 13 2 0 0 94 59 17 5 0 1 1 IS 64 13 0 0 0 132 63 19 4 0 0 141 82 12 0 0 0 130 63 15 1 0 0 76 41 II 0 0 0 86 21 6 0 0 0 51 28 4 0 0 0 28 25 3 1 1 0 21 6 5 0 0 0 L533iij3- 182 28-- 7 2 37.2 0.2 50% 31.9 65 MPH 0.0 2 21.7 4.4 0.7 ~5% 37.8 20% 39.0 Data File: 0064C-6747D080513092122 161 Site: Date: 60.64 65.69 MPH MPH ------ o 0 o 0 o 0 o 0 o 0 o 0 1 0 o 0 2 1 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 I 0 o 0 o 0 o 0 4 1 0.0 0.1 Prinlc,f: 5/15/2008 181 5130800]0003 05/13/08 70-99 A vg MPH o 31 o 38 o 35 o 31 o 31 o 32 o 32 o 31 o 32 I 31 o 32 o 31 o 32 o 32 o 32 o 31 o 32 o 32 o 32 o 30 o 30 o 30 o 32 o 32 1 31 0.0 00 Page: Collier County Transportation Department 16 I 1 81 Traffic Operations Technicians: Luis & Elias Title! : CORONADO BLVD Site: 513080010003 Title2 : E OF HUNTER BLVD Date: 05113/08 Title3 : NAPLES Direction: EB .~ 2 3 4 5 -6-- 7 - 8 ---9 !O 11 !2 13- Begin Cars & 2Axle 2 Axle 3 Axle 4 Axle <SAxl 5 Axle >6 Ax] <6 Axl 6 Axle >6 Axl Time Total Bikes Tlrs Long Buses 6 Tire Single Single Double Double Double Multi Multi Multi 12 ---- - -----.-- ---- ---- ----- 12:AM 18 0 5 0 I 0 0 0 0 0 0 0 0 01:00 8 0 8 0 0 0 0 0 0 0 0 0 0 0 0200 9 0 8 I 0 (} 0 0 0 0 0 0 0 0 0300 4 0 3 I 0 0 0 0 0 0 0 0 0 0 04:00 9 0 8 0 0 0 0 0 I 0 0 0 0 0 05:00 40 0 32 8 0 0 0 0 0 0 0 0 0 0 0600 121 I 69 35 I 13 2 0 0 0 0 0 0 0 0700 241 2 157 67 2 II 0 0 2 0 0 0 0 0 0800 249 I 157 77 2 10 I 0 I 0 0 0 0 0 09:00 196 3 138 44 I 6 ([ 0 4 0 0 0 0 0 1000 197 I 139 44 0 6 2 0 5 0 0 0 0 0 11:00 219 0 143 71 0 2 0 0 3 0 0 0 0 0 12PM 299 3 218 60 0 12 ([ 0 5 0 I 0 0 0 01:00 261 0 177 72 0 II 0 0 I 0 0 0 0 0 0200 286 I 193 73 0 9 I 0 8 I 0 0 0 0 03:00 378 2 270 90 I 10 I 0 4 0 0 0 0 0 04:00 451 3 294 120 I 26 0 0 6 0 I 0 0 0 05:00 466 2 329 112 I 6 2 3 8 0 0 3 0 0 0600 368 2 251 98 0 8 0 0 9 0 0 0 0 0 07:00 292 2 220 63 0 6 0 0 0 0 0 I 0 0 0800 276 2 191 73 0 7 0 0 2 0 I 0 0 0 09:00 181 0 140 38 0 3 0 0 0 0 0 0 0 (} 1000 102 0 79 20 I 2 0 0 0 0 0 0 0 0 11:00 44 0 30 12 0 2 0 0 0 0 0 0 0 0 Dailv 4.715 25 3.266 1.184--- ~- ---- 10 9 3 59 I 3 4 (} 0 Totals Percent 0.5 69.3 25.1 0.2 3.2 0.2 0.1 1.3 0.0 0.1 0.1 0.0 0.0 of Total Data File: 0064C-6747DOR0513092122 Printed. 5/15/2008 Page. ___,__~._~,___~~_."_--=-____.__'__m Title I Title2 Title3 Begin Time 12:AM 0100 0200 03:00 04:00 0500 06:00 07:00 08:00 0900 1000 1100 12PM 01:00 02:00 0300 04:00 0500 0600 0700 08:00 0900 1000 1100 Oailv Totals Percent afTotal : CORONADO BL VD : E OF HUNTER BL VD : NAPLES --r- 2 Total 16 9 6 7 10 41 177 329 296 200 117 183 216 187 256 314 322 332 307 249 198 158 86 42 4.118 Cars & Bikes Tlrs o ~ o 9 o 6 o 4 1 8 o 30 2 105 1 228 5 200 2 139 1 116 o 138 1 163 3 136 o 1M 4 225 1 226 3 241 o 224 3 184 4 149 1 123 o 71 o 35 --32-2.9rr-- 2Axlc Long 7 o o 3 1 9 55 75 78 42 54 33 40 37 56 69 79 79 69 49 42 33 13 5 .-928 Collier County Transportation Department Traffic Operations Technicians: Luis & Elias 3 4 0.8 71.7 Buses o o o o o 1 1 2 1 o o 1 o o o o o o o 1 o o o o .---... 7 22.5 0.2 -- ---- -- ------- -- -------- --- ...-- Data File: 0064C-6747D080513092122 5 2 Axle 6 Tire o o o o o 1 7 14 10 11 5 8 11 7 13 12 11 6 9 8 2 o 2 2 139 34 Direction: WB 6 - -----r-. 8 3 Axle 4 Axle <5 Axl Single Single Double _____m..____________ 000 000 000 000 000 000 105 008 002 006 001 102 001 004 102 002 003 1 1 1 004 103 001 000 000 000 5 1 45 01 0.0 1.1 9 5 Axle Double . --0- o o o o o o o o o o o o o o o o o o o o o o o o 0.0 161 10 >6 Ax] Double o o o o o o o o o o o o o o o I 1 o I o o o o o 3 0.1 Printed. 5/15/2008 Site: Date: II <6 Axl Multi o o o o o o o o o o o o o o o o o o o o o 1 o o 1 181 513080010003 05/13108 6 Ax]e Multi o o o o o o 1 1 o o o o o o o 1 1 o o o o o o o 4 0.0 Page: 12 13 >6 Ax] Multi o o o o o o o o o o o o o o o o o o o o o o o o ---.- o 0.1 0.0 Collier County Transportation Department Traffic Operations Technicians: Luis & Elias 161 Title I Title2 Title3 : CORONADO BLVD : W OF HUNTER BLVD : NAPLES 18'7 Site: Date: 513080010004 051l3/08 -------~- -------.- Interval Day: Tuesday Begin AM- EB PM- EB 12:00 -.'- 6 ... 14 --- 37 187 "---- 12:15 2 60 12:30 5 45 12:45 I 45 1:00 6 II 37 178 1:15 2 41 1:30 2 57 1:45 I 43 2:00 6 12 37 201 2:15 3 50 2:30 3 44 2:45 0 70 3:00 0 4 65 259 3:15 2 62 3:30 I 71 3:45 I 61 4:00 4 II 68 299 4:15 I 72 4:30 2 75 4:45 4 84 5:00 3 34 93 363 5:15 6 97 5:30 8 103 5:45 17 70 600 12 103 72 247 6:15 21 78 630 31 56 6:45 39 41 7:00 38 200 46 205 7:15 50 50 7:30 55 55 7:45 57 54 8:00 53 179 45 166 8:15 44 42 830 35 41 845 47 38 9:00 36 132 35 130 9:15 26 38 9:30 46 27 9:45 24 3D 1000 32 145 19 80 10:15 46 25 10:30 34 22 10:45 33 14 1\:00 3D 155 15 42 11:15 47 10 11:30 36 6 11:45 42 II -'---~--_.~. -._-- -_.~---- Totals \:000 2357 Peak Hour 7:15 4:45 Volume 215 377 Factor 0.94 092 DayTotal 3.357 Data File . CORONADO BLVD WOF HUNTERBLVC 5/15/2008 -~-Pnnted : P1me: Collier County Transportation Department 16 I 181 Traffic Operations Technicians: Luis & Elias Tit!e! : CORONADO BLVD Site: 513080010004 Title2 : W OF HUNTER BL VD Date: 051l3/08 Title3 : NAPLES -------- -- Interval Day: Tuesday Begin AM-\Jl?J PM- uJ0 ^------- 12:00---- 5 16 -25 159 12:15 2 45 12:30 5 47 12:45 4 42 1:00 2 8 28 154 1:15 1 38 1:30 1 48 1:45 4 40 2:00 5 8 42 204 2:15 I 58 2:30 0 42 2:45 2 62 3:00 1 6 66 238 3:15 I 69 3:30 3 51 3:45 I 52 4:00 1 8 63 2J3 4:15 0 62 4:30 0 61 4:45 7 47 5:00 5 39 71 264 5:15 7 68 5:30 9 67 5:45 18 58 6:00 IJ 186 57 211 6:15 39 66 6:30 69 44 6:45 65 44 7:00 52 293 38 178 7:15 66 46 7:30 76 49 7:45 99 45 8:00 70 233 45 166 8:15 68 49 8:30 47 42 8:45 48 30 9:00 43 156 34 126 9:15 32 32 9:30 33 32 9:45 48 28 10:00 32 147 IJ 65 10:15 41 21 10:30 37 19 10:45 37 12 11:00 21 139 16 35 11:15 31 7 11:30 41 5 11:45 46 7 Totals --- -----~- -~------- .-- 1.239 2.033 Peak Hour 7:30 5:00 Volume 31J 264 Factor 0.79 0.93 DayTotal 3.272 Data File: CORONADO BL YD W OF HUNTER BL VC -----------~-_____printed.:_____s7i5/2008 Page: 1-- Title I Title2 Title3 Begin Time 12:AM 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:PM 01:00 02:00 03:00 04:00 0500 06:00 07:00 0800 09:00 10:00 11:00 Dailv Totals Percent afTotal Percentile Speeds Collier County Transportation Department Traffic Operations Technicians: Luis & Elias 161 : CORONADO BLVD : W OF HUNTER BLVD : NAPLES Total 1.14 15.19 20.24 25.29 MPH MPH MPH MPH -14-0 0 0 6 II 0 0 1 I 12 0 0 1 3 40000 II 0 0 0 1 34 0 0 0 3 103 0 0 3 11 200 0 0 2 10 179 0 0 4 15 132 I 0 1 17 145 1 I I 15 155 0 3 2 8 187 0 1 1 13 178 0 1 I 4 201 0 1 2 20 259 1 2 3 15 299 0 0 1 14 363 0 0 2 8 247 0 0 I 7 205 0 0 1 14 166 I 1 3 17 130 1 0 2 7 80 0 0 2 II 42 0 1 2 7 3.357---5--~T ------.J6----zij 0.1 0.3 1.1 10% 30.3 15% 31.1 29_'li> 36.3 10 MPH Pace Soeed : Number in Dace % in pace Speed Exceeded Percentage Totals 30.40 2.386 71.1 45 MPH 4.5 150 55 MPH 0.2 6 -.Da'a File:cORONAOO BLVD W OF HUNTER BLVC- 65 MPH 0.1 4 Direction: EB 30.34 35.39 40.44 45.49 MPH MPH MPH MPH ---8 -------s.- 0 I 5 1 I 1 3 2 3 0 1 0 2 1 4 3 3 0 5 17 7 2 39 37 II 2 68 77 34 8 62 67 27 4 45 40 20 7 52 50 23 2 54 59 22 6 57 75 28 12 40 86 38 7 72 74 26 3 76 III 40 8 73 123 69 10 90 158 92 11 64 115 38 17 65 81 32 9 60 68 14 2 54 54 7 3 32 27 6 2 16 11 5 0 -----r0451]~-5~. 118 6.6 31.1 39.9 16.3 3.5 ----,--- ._-" --.----- ------~ 85% 41.8 90% 43.3 1B1 Site: 513080010004 Date: 05/13/08 50.54 55.59 60.64 65.69 MPH MPH MPH MPH -----O----O---(j 0 1 000 o 000 o 0 0 0 o 0 0 0 o 0 0 0 o 000 1 0 0 0 o 0 0 0 I 0 0 0 o 0 0 0 1 000 o 0 0 0 1 000 2 0 0 0 3 000 5 200 2 0 0 0 5 000 3 0 0 0 o 0 0 0 1 000 o 0 0 0 o 000 26--2-- -o---()-- 0.8 0.1 0.0 00 Printed: 5/15/2008 70.99 MPH o ..:35- o 35 o 33 o 41 o 36 o 37 o 34 o 36 o 35 o 35 o 35 o 35 o 36 o 37 I 35 o 36 2 37 o 37 o 37 o 36 o 34 I 35 o 34 o 33 --;j~- Avg 0.1 Page: Title I Title2 Title3 Begin Time 12:AM 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12:PM 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 Dailv Totals Percent of Total Percentile Speeds : CORONADO BLVD : W OF HUNTER BLVD : NAPLES Total 1~14 MPH o o o o o o o I o 1 I o I o o o o o o I o I o 1 7 16 8 8 6 8 39 186 293 233 156 147 139 159 154 204 238 233 264 211 178 166 126 65 35 3.272 to MPH Pace Speed: N umber in pace % in pace Speed Exceeded Percentage Totals 30.40 2.417 73.9 Collier County Transportation Department Traffic Operations Technicians: Luis & Elias 161 1 Hi 513080010004 05!l3/08 70-99 A vg MPH o j;I" o 41 o 34 o 37 o 34 o 36 o 36 o 36 I 36 o 35 o 35 I 36 o 36 o 36 I 35 o 34 o 36 o 35 o 35 o 34 o 34 I 34 o 34 o 34 4 -35 0.2 0.1 ..~--~'_._~-~--_....~-_._.__._.- 0.1 10% 29.9 15% 30.7 50% 35.7 85% 40.4 90% 42.3 Site: Date: Direction: WB 15.19 20.24 25.29..-30.34 -- 35-39 40-44 45.49 50.54 55.59 60.64 65.69 MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH MPH --0.' 0 1 8-------r--.----o--..----o--o---o-----O------O- 00040200200 0122 I 101000 001 121 10000 00 I 3 3 100000 o 0 4 8 19 6 2 0 0 0 0 o I 9 50 94 25 6 0 0 0 I I 2 14 86 138 40 10 1 0 0 0 o 4 17 74 96 30 9 2 0 0 0 I 2 15 54 61 20 2 0 0 0 0 o 2 13 45 56 22 8 0 0 0 0 o I 13 43 56 25 0 0 0 0 0 o 2 12 42 77 20 4 1 0 0 0 o 2 14 44 59 29 6 0 0 0 0 o I 14 78 83 22 5 0 0 0 0 o 4 28 89 87 26 3 0 0 I 0 3 4 12 76 92 33 8 4 0 0 I I 5 17 101 107 33 0 0 0 0 0 o 4 12 88 77 26 2 I 0 1 0 o 0 31 65 51 23 7 0 0 0 0 3 3 17 69 57 17 0 0 0 0 0 2 1 15 46 44 14 2 0 0 0 0 o 2 6 26 22 8 0 I 0 0 0 1 0 3 12 14 4 0 0 0 0 0 ----r2-----;j:,-271-TTI4-1}03 --42S--7S---n-- ..i---~~.-- 0.4 1.3 8.3 34.0 39.8 13.1 2.3 0.3 0.1 0.1 45 MPH 2.9 96 55 MPH 0.3 10 65 MPH 0.2 6 Data File :------o.5f{ONADO BL YD W OF HUNTER "SLye --.--------~------------pnnteJ:-. 5/15/2008 Page: Collier County Transportation Department 16 I 181 Traffic Operations I Technicians: Luis & Elias Title! : CORONADO BL YD Site: 513080010004 Title2 : W OF HUNTER BL YD Date: 05/13/08 Title3 : NAPLES Direction: EB 1 2 3 4 5 -r;--------r--. 8 9 ---W---TI 12 13 Begin Cars & 2 Axle 1 Axle 3 Axle 4 Axle <5 Axl 5 Axle >6Axl <6Axl 6 Axle >6Axl Time Total Bikes T1rs Long Buses 6 Tire Single Single Double Double Double Multi Multi Multi 12:AM 14 0 II 2 -------0--- I 0 0 0 0 0 0 0 0 01:00 II 0 II 0 0 0 0 0 0 0 0 0 0 0 02:00 12 0 II I 0 0 0 0 0 0 0 0 0 0 03:00 4 0 3 I 0 0 0 0 0 0 0 0 0 0 04:00 II 0 10 0 0 0 0 0 1 0 0 0 0 0 05:00 34 0 26 8 0 () 0 0 0 0 0 0 0 0 06:00 103 0 60 27 I 13 1 0 0 I 0 0 0 0 07:00 200 3 140 43 2 7 I 0 3 0 I 0 0 0 08:00 179 0 118 48 0 8 0 I 4 0 0 0 0 () 09:00 132 0 101 23 I 3 0 0 3 0 0 0 I 0 10:00 145 I 109 28 0 3 I 0 3 0 0 0 0 0 11:00 155 I 109 39 0 3 0 0 3 0 0 0 0 0 12:PM 187 I 129 47 0 7 0 0 I I 0 0 I 0 01:00 178 I 124 42 0 8 0 0 3 0 0 0 0 0 02:00 201 2 140 48 I 5 0 0 4 0 ] 0 0 0 03:00 259 3 172 69 I 7 I 1 3 2 0 0 0 0 04:00 299 2 188 85 0 15 1 0 6 0 I I 0 0 05:00 363 4 269 79 0 5 0 2 4 0 0 0 0 0 06:00 247 I ]80 55 0 5 0 0 5 0 0 0 I 0 07:00 205 0 150 48 0 4 I () 2 0 0 0 0 0 08:00 166 0 126 38 0 I 0 0 I 0 0 0 0 0 09:00 130 0 108 19 0 3 0 0 0 0 0 0 0 0 1000 80 0 62 17 0 I 0 0 0 0 0 0 0 0 11:00 42 0 30 II 0 I 0 0 0 0 0 0 o 0 Dailv 3.357 ]9 2.387---778' 6 .. ----WO-6-- 4 --~-- 4 3 I ~-------o Totals Percent 0.6 71.1 23.2 0.2 3.0 0.2 0.] 14 0.1 01 0.0 0.1 0.0 afTotal Data File: CORONADO BL YO W OF HUNTER BL VC Printed: 5/15/2008 Page: Title I Title2 Title3 Collier County Transportation Department Traffic Operations Technicians: Luis & Elias 161 : CORONADO BLVD : W OF HUNTER BLVD : NAPLES 1 Site: Date: Begin Time Total 12:AM'-----r6. 01:00 8 02:00 8 03:00 6 04:00 8 05:00 39 06:00 186 07:00 293 08:00 233 09:00 156 10:00 147 11:00 139 12:PM 159 01:00 154 02:00 204 03:00 238 04:00 233 05:00 264 06:00 211 0700 178 08:00 166 09:00 126 10:00 65 11:00 35 Dailv 3.272 Totals Percent ofTolal Bikes o o o o I o 2 o 3 o o o I 3 I 4 o 4 o 2 4 o o o 25 2 Cars & Tlrs II 8 7 4 6 32 117 215 176 110 102 115 118 116 155 177 161 201 157 140 125 102 59 28 2.442 0.8 74.6 Direction: WB 3 4 ----s--~------,----~8-- 9 10 II 2 Axle 2 Axle 3 Axle 4 Axle <5 Axl 5 Axle >6 Axl <6 Axl LonE Buses 6 Tire Single Single Double Double Double Multi 5 .---~.._- 0 0 ------0----------0 0 0 0 000 0 000 0 0 100 0 000 0 0 200000000 100 0 000 0 0 700 0 000 0 0 48 I II I 0 6 0 0 0 62 I 10 0 0 3 0 0 0 44 I 6 0 0 2 0 0 I 36 I 7 I 0 I 0 0 0 33 0 8 0 0 4 0 0 () 16 I 4 2 0 I 0 0 0 33 0 4 0 0 3 0 0 0 29 0 3 0 I 2 0 0 0 36 0 II 0 0 I 0 0 0 47 0 5 0 0 4 0 0 I 58 0 II 0 0 3 0 0 0 52 0 4 0 0 3 0 0 0 43 0 7 0 () 2 0 I I 30 I 4 0 0 I 0 0 0 36 0 0 0 () I 0 0 0 22 0 2 0 0 0 0 () 0 501 000 0 0 () 502000000 651-6 loo-------:r-------T ---:37-----0-----1----3 19.9 0.2 3.1 01 0.0 1.1 0.0 0.0 ------------- ._----...,------~. Data File: CORONADO 8L VD W OF HUNTER 8L VI: Printed: 5/15/2008 ~ 18, 513080010004 05/13/08 l~- U-- 6 Axle >6 Axl Multi Multi ----0---0- o 0 o 0 o 0 o 0 o 0 o 0 I I o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 --,- I I 0.1 0.0 0.0 Page: Fiala tlf JJ:h ~ Halas ~ )(.Henning~. v(../". Coyle : Coletta 16 JIB, vi RECEiVED OCT 0 7 2008 80ard ot COllnty Commissioners 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 4:08 p.m. by Chairman Richard Sims. II. Attendance Members: Peggy Harris, Michael McElroy (Absent), Barbara Segura, Richard Sims, Pat Spencer County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Michelle Arnold - Director A TM, Luis Trujillo and Steve Yu- Traffic Operations, Yousi Cardeso - Operations Coordinator Others: Mike McGee - McGee & Assoc., Darlene Lafferty - Mancan III. Approval of Agenda Add: VII A. Introduction of Michelle Arnold- A TM Director Change: VIl B. Budget - Caroline Soto C Project Manager Report -- Darryl Richard Richard Sims moved to approve the Agenda as amended. Second by Pat Spencer. Motion carried unanimously 4-0. IV. Approval of Minutes - June 10,2008 Pat Spencer moved to approve the Minutes as submitted. Second by Richard Sims. Motion carried unanimously 4-0. V. Landscape Architects Report - Michael McGee reported: A. Landscape Update ~ Sporadic Weeds ~ Need of future refurbishment for lost Plant Material Mise Corres: Richard Sims reported Clover on Sunshine. Date: Item #: 1 Copies to: 161 181 Darryl Richard confirmed that Fertilization is included in the Maintenance Contract. Richard Sims reported dented light poles. Darryl Richard responded that Southern Signal would be advised. ~ A portion of the I sl median on Green will be removed Darryl Richard replied that it is part of a Utilities Project. He noted if any damage took place repairs would be made (by the County.) VII. Transportation Operations Report A. Introduction of Michelle Arnold - A TM Director Darryl Richard introduced Michelle Arnold and Yousi Cardeso. Richard Sims summarized the Goals and Master Plan of the Golden Gate MSTU. B. Current Budget - Caroline Soto o Available Operating Expense $123,702.00 o Available Improvements General $865,900.00 o Error on the June 2008 Budget Report ($9,515.15 Ad Valorem Commitment) has been corrected and is reflected in the Ad Valorem Tax Actual Expenditure column C. Project Manager Report - Darryl Richard distributed and reviewed the Project Status Report. (See Attachments) . (G-17) Annual Maintenance Contract - Will go to Bid next week Barhara Segura questioned if the "temporary" CLM Maintenance Contract would exceed the 2008 Budget amount. Darryl Richard responded negative as $123,702 is remaining in Available Operating Expense. He reviewed the Local Vendor Preference Policy. Additionally upon receipt he will forward the Contractor Bids to the Committee. . (G-25) Golden Gate Master Plan - An Executive Summary was distributed and reviewed. (See attached) Discussions ensued concerning LDC Amendments and the process required to up-date the Master Plan. Michelle Arnold stated she will review the documents and confirm that an LDC Amendment is not required. . (G-21) McGee and Assoc. Annual Contract - Expires at the end of September 2008. A brief Service interruption was noted. Traffic Counts were distributed. (See attached) Upon review it was declared that Traffic Calming measures are warranted based on the Speed Study. Discussions ensued. The recommendation to invite Traffic Calming to the August 21, 2008 meeting was made. Discussions continued. It was requested to conduct a similar Study on Tropicana and Sunshine. 5:04 pm Barbara Segura leji. 2 161 181 Darryl Richard posed the question of possible Funding. Richard Sims moved to have Darryl (Richard) and Tessie (Sillery) contact the Traffic Calming people for information and report back to the (Committee). Second by Peggy Harris. Motion carried unanimously 3-0. Richard Sims moved to test Sunshine and Tropicanafor Traffic Counts. Second by Peggy Harris. Motion carried unanimously 3-0. VIII. Old Business A. Update on Golden Gate Parkway - Pat Spencer - Reported the Bridge color is medium green which is similar to the Bridge at Golden Gate and Airport Pulling. B. Grants - None C. Master Plan Discussion - Previously discussed Vll C. D. Design Process for Hunter & Coronado - None E. Traffic Counts - Previously discussed Vll C. IX. New Business - None X. Public Comments - None XI. There being no further business for the good of the County, the meeting was adjourned at 5:10 P.M. Golden Gate MSTU Advisory Committee Richard Sims, Chairm These minutes approved by the Committee on as presented or amended The next meeting Is scheduled for August 12, 2008 4:00 PM At Golden Gate Community Center Naples, FL 3 ~~dEfvl~ 7 v _ OCi Ii ! 2008 Ijoal;j otc ~OUntv ..., .....ommiSSi onSf3 Fiala Halas XHenning~ Coyle /' Coletta ~~~ 2885 Horseshoe Drive Naples, FL 34104 MINUTES I. Call to order The meeting was called to order at 4:06 p.m. by Chairman Richard Sims. II. Attendance Members: Peggy Harris, Michael McElroy (Excused), Barbara Segura (Excused), Richard Sims, Pat Spencer County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Luis Trujillo - Traffic Operations Others: Mike McGee - McGee & Assoc., Darlene Lafferty - Mancan III. Approval of Agenda Add: V. B. Proposal for Services from McGee & Associates for Coronado Dr. and Hunter Blvd. IX Allendance Richard Sims moved to approve the Agenda as amended. Second by Peggy Harris. Motion carried unanimously 3-0. IV. Approval of Minutes - July 8, 2008 Richard Sims moved to approve the Minutes as submitted. Second by Peggy Harris. Motion carried unanimously 3-0. V. Landscape Architects Report - Michael McGee reported: A. Landscape Update ~ Recommended removal of 4 dead Crape Myrtle on Golden Gate Pkwy (Median #4) and replace with mulch ~ Recommendations for Sunshine - Misc. Cones: i. Light pole (C5) requires repair ii. Plumbago - additional treatments are needed Date: Item': Copies to: lll. Prune grasses down to 50% 161 181 Discussions ensued concerning damaged Light Pole (C6) on Sunshine. It was determined that an accident report has not been filed. IV. 2 - Signs on 951 are in need of refurbishment. The recommendation was made to obtain quotes Discussions ensued concerning Contractor "reinstallation" of the third Sign on 951. It was stated that the Contractor Scope does not include refurbishment around the sign. Darryl Richard will confirm ifthe Contractor is responsible for reinstallation of lights. Richard Sims moved to obtain quotes to do all signs to bring back to what they were. Second by Pat Spencer. Motion carried unanimously 3-0. v. Bougainvillea on 18th req uires pruning B. Proposal for Services from McGee & Associates for Coronado Dr. and Hunter Blvd. - Mike McGee submitted a quote in the amount of $14,560.00 for Conceptual Design Services for Coronado Pkwy and Hunter Blvd. (See attached) Richard Sims moved to accept the Proposal (from McGee & Associates.) Second by Peggy Harris. Motion carried unanimously 3-0. Luis Trujillo reviewed 2005 & 2008 Traffic counts for Sunshine. (See attached) VII. Transportation Operations Report A. Budget - Caroline Soto o Ad Valorem Tax $481,510.03 (Collected) o Available Operating Expense $123,484.30 o FPL on direct pay - PO is not required Pat Spencer questioned the increase in the monthly paid amount for FPL. Caroline Soto replied it was due to receipt of 2 bills during the month of June. B. Project Manager Report - Darryl Richard distributed and reviewed the Project Status Report. (See Attachments) . (G-17) Annual Maintenance Contract - Will email bids to the Committee upon receipt . (G-25) Golden Gate Master Plan - McGee & Associates submitted a Revised Plan . (G-21) McGee and Assoc. Annual Contract - Announced the Purchasing Department will enforce the "Rotation" clause in the New Service Contract for Landscape Architects 2 Discussions ensued. It was noted that the process of rotating Landscape 16 , Architects will not demand competitive bids. Darryl Richard will advise that the Committees position is no changes are required. lB7 VIII. Old Business A. Update on Golden Gate Parkway - Pat Spencer - Reported mobilization will commence on Monday. B. Grants - None C. Master Plan Discussion - None D. Design Process for Hunter & Coronado -. None E. Traffic Counts - Previously discussed V B. IX. New Business A. Attendance - The Committee requested the Attendance Sheet be emailed for review. X. Public Comments - None XI. There being no further business for the good of the County, the meeting was adjourned at 5:23 P.M. Golden Gate MSTU Adv. \=;1. Richard Sims, Chairman These minutes approved by the Committee on as presented or amended The next meeting Is scheduled for September 9, 2008 4:00 PM At Golden Gate Community Center Naples, FL 3 Title I Title2 Title3 Collier Countv Transportation Department Traffic Operations Technicians: Luis Trujillo 161 IB1 : SUNSHINE BLVD P'S.;t"S : S OF 20TH PL SW : NAPLES Site: Date: 722080030001 07/23/08 Interval Begin 12:00 1215 1230 1245 1:00 1:15 130 1:45 200 2:15 2:30 2:45 3:00 315 330 3:45 4:00 415 430 445 5:00 5:15 5:30 5:45 600 6:15 630 6:45 700 7:]5 7:30 7:45 800 815 830 8:45 900 9:15 9:30 945 10:00 1015 1030 1045 1100 11.15 1130 11:45 Totals Peak Hour Volume Factor DayT otal Data File: Day: Wednesday AM- NB 9 I 3 2 2 3 0 4 2 I 0 0 3 0 0 I 4 I 3 7 4 5 8 14 14 21 35 28 25 18 19 14 20 21 15 14 20 21 14 25 24 19 27 24 22 26 31 22 596 6.15 109 078 2.166 PM- NB - -----~~-----~O.------8C- 20 29 15 38 24 22 22 3J 32 25 34 38 34 33 43 44 35 33 46 44 45 55 56 52 49 45 44 47 45 54 37 24 31 29 38 33 35 34 33 17 19 21 15 7 13 14 14 --_..~-------- ------ --------. .._---~_.._"-_.~....~ 1570 15 9 106 3 124 4 148 15 ]58 31 200 98 190 76 183 70 122 80 135 94 72 101 48 530 212 0.95 SUNSHINE BL VD S-OF 20TH i'L S\\i --------- PrInted -7/24/2008 Page Title I Title2 Title3 Interval Begin 1200 12:15 12:30 12:45 100 115 130 145 200 215 2:30 2:45 3:00 315 330 3:45 4:00 4:15 4:30 4:45 500 515 530 545 6.00 615 630 645 7:00 7:15 7:30 7:45 8:00 815 830 845 900 9:15 930 9:45 1000 10:15 10:30 1045 1100 1115 1130 1145 Totals Peak Hour Volume Factor DayTotal Data File' : SUNSHINE BLVD : S OF 20TH PL SW : NAPLES AM- 56 8 5 3 I 2 3 2 I 2 I 0 I 0 0 0 0 0 I 0 3 2 5 II 13 18 17 39 35 49 29 23 32 42 26 17 23 30 27 28 28 37 34 32 22 33 20 25 35 ~.".~--~ 765 630 152 0.78 2.371 SUNSHINE BL VD S"OF 20TH PLSW - Printed: 109 133 108 113 125 113 Collier County Transportation Department Traffic Operations Technicians: Luis Trujillo Day: Wednesday PM.5l?> ------29-.----~-92- 26 21 16 27 109 39 19 24 26 114 23 37 28 33 146 27 44 42 44 174 39 44 47 53 214 46 64 51 64 218 53 55 46 49 163 40 39 35 31 132 32 43 26 28 119 23 36 32 19 76 23 19 15 12 49 II 17 9 .._----"-_._-------~---~ -. ----"",----- 1.606 17 8 4 o 4 31 530 232 0.91 16/ Site: Date: 7/24/2008 1B 1 722080030001 07/23/08 Page: Titlel Title2 Title3 : SUNSHINE BLVD : S OF 20TH PL SW : NAPLES Begin ---~TotaJ--~----15-19 Time MPH MPH 1"2:.4.1;:('- 15 0 I 0100 9 0 0 0200 3 1 0 0300 4 0 0 0400 15 1 0 0500 31 1 3 06:00 98 2 7 0700 76 2 4 0800 70 0 3 0900 80 0 I 1000 94 0 2 1100 101 0 3 12PM 84 0 3 0100 106 1 0 0200 124 1 3 0300 148 1 4 04:00 158 I 3 05:00 200 1 6 06:00 190 1 3 0700 183 0 3 0800 122 0 3 0900 135 0 2 1000 72 1 1 1100 48 0 6 Daily 2.166 14 6] Totals Percent of Tota! 0.6 2.8 Percentile Speeds 10% 21.7 20.24 MPH 3 1 o 2 5 5 15 21 15 7 10 12 11 17 15 31 32 25 53 47 29 32 22 8 418 19.3 12% 23.0 Collier County Transportation Department Traffic Operations Technicians: Luis Trujillo 25.29 MPll 11 5 2 o 3 11 46 30 27 33 40 44 40 42 63 57 58 81 l,l3 77 52 59 32 20 926 ~D% 28.2 42.8 10 MPH Pace Speed. 25.35 Number in pace 1.462 % in pace 67.5 Speed Exceeded 45 MPH 5S MPH 65 MPH Percentage 0.4 0.0 0.0 Totals 8 1 1 Data Flic'-:-SUNSHINE BL VO S of-'iOTt{rL sw. Direction: 30.34 35.39 MPl1 MPll ---0--0- 3 0 o 0 2 0 3 1 9 2 21 7 17 2 19 4 18 15 28 13 23 19 24 6 28 13 29 12 44 9 48 13 63 19 31 8 43 13 28 7 33 8 11 3 11 2 536 176 247 8.1 ~53-9 33.9 2P'l'. 35.0 NB 40.44 MPH o o o o 2 o o o 2 4 1 o o 4 1 1 3 3 1 o 2 1 1 1 27 1.2 -.'-45.49--SO:S4 --SS:Sij- --60.64 MPH MPH MPll MPH ____o.....____ 000 0 000 0 o 0 0 0 000 0 000 0 000 0 000 0 000 0 000 0 200 0 000 0 000 0 000 0 I 0 0 0 000 0 1 000 U 0 0 0 I 000 o 0 0 0 o 0 0 0 1 000 o 0 0 0 1 000 o 0 0 0 700 0 0.3 0.0 00 0.0 16t Site: Date: 65.69 MPH o o o o o o o o o o o o o o o o o o o o o o o o o 0.0 181 722080030001 07123/08 70~99 A vg MPH o 25 o 28 o 21 o 27 o 28 o 27 o 27 o 26 o 28 o 31 o 29 o 29 o 28 o 29 o 28 o 28 o 28 I 29 () 27 o 27 o 28 o 28 o 27 o 27 1 28 0.0 Page: Prinied: 7/24/2008 Title! Title2 Title3 : SUNSHINE BLVD : S OF 20TH PL SW : NAPLES Begin --'---'Totaf- Time 12:AM'---Ti-- . 0100 8 02:00 4 01:00 0 04:00 4 05:00 31 0600 109 0700 133 08:00 108 09:00 III 1000 125 1100 113 12:PM 92 0100 109 02:00 114 0300 146 0400 174 05:00 214 0600 218 0700 163 08 00 132 09:00 119 1000 76 1100 49 Dailv 2.371 Totals Percent of Total Percentile Speeds 1.14 MPH o o o o o I o o o o o o o o o 2 2 o 4 I 2 o o I 13 0.5 10% 22.1 10 MPH Pace Speed' 25 - 35 Number in pace 1.723 % in pace 72.7 Speed Exceeded Percentage Totals 45 MPH 0.3 7 Data File: 15.19 MPH o o o o o o o 2 o 3 I I 2 2 2 1 4 2 II 2 3 1 I 3 45 19 20.24 MPlI 3 2 o o 2 6 22 30 16 10 26 15 15 19 14 22 29 ]1 41 10 29 25 21 12 426 180 15% 23.5 55 MPH 0.1 1 Collier County Transportation Department Traffic Operations Technicians: Luis Trujillo 25.29 MPll 10 5 4 o o 17 53 61 50 59 50 45 36 48 59 66 75 100 106 84 59 66 35 18 1.106 466 50% 28.2 65 MPH 00 I SUNSHINE BL VD S OF 20TH PL sv. Direction: SB 10.34 35~40.44 --45.49---SO.S4- 55.59 MPH MPH MPH MPH MPH MPH 1 0 1.--"-0- 0 0 o I 0 000 000 000 000 000 2 0 0 000 5 I I 0 0 0 10 4 0 0 \J 0 11 7 0 0 0 0 13 8 I 0 0 0 JJ 8 0 0 0 0 37 10 I 0 0 0 39 II 2 0 0 0 24 13 2 0 0 0 33 6 0 0 I 0 28 9 ] 1 0 0 47 4 I I 0 0 53 9 I 0 I} () 63 13 2 0 () 0 45 7 0 1 0 I 36 10 0 0 0 0 29 10 0 0 \J n 21 4 0 0 n n II 5 Inn 0 12 3 0 0 n 0 617 143 -14 .-----~--l-I-- 26.0 6.0 0.6 0.1 0.0 00 85% 33.5 2Q% 34.4 Printed: 60.64 MPH o o o o o o o o o o o o \J o o o o I o o o o o o I 0.0 161 Site: Date: 65.69 MPH o o o o o o o o o o o o o o o o o o o o o o o o o 0.0 7/24/2008 181 722080030001 07/23/08 70-99 A vg MPH o 28 o 27 o 27 o 0 () 27 o 27 o 28 o 27 o 29 o 28 o 28 o 29 o 29 o 28 o 29 o 28 I 28 o 29 o 27 o 28 o 27 o 27 o 27 o 27 I 2R 00 Page: Collier County Transportation Department 16 Traffic Operations I 18 1 Technicians: Luis Trujillo Title 1 : SUNSHINE BL YD Site: 722080030001 Title2 : S OF 20TH PL SW Date: 07/23/08 Title3 : NAPLES Direction: NB 1 2 3 "4"-. 5 6-- 7 8 --. ---9------ 10 .1T 12 --~ Begin Cars & 2 Axle 2 Axle 3 Axle 4 Axle <5 Ax] 5 Axle >6Axl <6Axl 6Axle >6Axl Time Total Bikes Tlrs Long Buses 6Tire Sinl!1e Single Double Double Double Multi Multi Multi -.-...---- --------_.---- 2 0 0 -.'._----- 0 0 ------- 12:AM 15 0 13 0 0 0 D 0 0 0100 9 0 9 0 0 0 0 0 0 0 0 0 0 0 0200 3 0 2 I 0 0 0 0 0 0 0 0 0 0 0300 4 I 2 I 0 0 0 0 0 0 0 0 0 0 0400 15 0 12 3 0 0 0 0 0 0 0 0 0 0 05:00 31 0 20 8 0 3 0 0 0 0 0 0 0 0 0600 98 0 59 35 0 2 I 0 0 0 0 0 I 0 0700 76 0 44 24 0 6 0 0 I 0 0 0 I 0 08:00 70 0 37 27 0 4 0 0 2 0 0 0 0 0 09:00 80 0 55 19 0 4 0 0 2 0 0 0 0 0 1000 94 0 57 26 0 5 0 0 6 0 0 0 0 0 1100 101 0 67 27 0 4 I 0 2 0 0 0 0 0 12PM 84 0 59 20 0 2 2 0 0 0 I 0 0 0 0100 106 0 75 27 0 3 0 0 I 0 0 0 0 0 0200 124 2 86 32 0 I I 0 2 0 0 0 0 0 0300 148 0 106 37 0 4 0 I 0 0 0 0 0 0 0400 158 I 91 52 I 6 0 0 6 0 I 0 0 0 0500 200 0 142 45 0 I 0 6 0 I 0 0 0 0600 190 2 127 50 0 7 0 0 4 0 0 0 (] 0 0700 183 I 122 53 0 5 0 0 2 0 0 0 0 0 0800 122 I 80 33 0 6 0 0 2 0 0 0 0 0 0900 135 I 99 34 0 I 0 0 0 0 0 0 0 0 1000 72 0 61 10 0 I 0 0 0 0 0 0 0 0 1100 48 I 36 7 0 4 0 0 0 0 0 0 0 0 ------573" ..- -..------------- ..--..---------- T-i)~- Daily 2.166 10 1461 I 73 6 I 36 0 2 0 Totals Percent 0.5 67.5 26.5 DO 3.4 0.3 00 1.7 0.0 01 0.0 0.1 00 of Total Data File SUNSHINE BL YO S OF 20TH PL Sv. Printed' 7/24/2008 Page. Collier County Transportation Department 16 1 1 81 Traffic Operations Technicians: Luis Trujillo Title I : SUNSHINE BLVD Site: 722080030001 Title2 : S OF 20TH PL SW Date: 07/23/08 Title3 : NAPLES Direction: SB ---5-- --- ~--ll I 2 3 4 6 7 8 9 10 12 13 Begin Cars & 2 Axle 2 Axle 3 Axle 4 Axle <5 Axl 5 Axle >6 Axl <6 Axl 6 Axle >6Axl Time Total Bikes Tlrs Long Buses 6 Tire Single Single Double Double Double Multi Multi Multi -iT- ------------.- 0 12AM 0 15 2 0 0 0 0 0 0 0 0 0 0100 8 0 8 0 0 0 0 0 0 0 0 0 0 0 02:00 4 0 3 I 0 0 0 0 0 0 0 0 0 0 0300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0400 4 0 I 2 0 I 0 0 0 0 0 0 0 0 05:00 31 0 19 9 0 2 0 0 I 0 0 0 0 0 0600 109 I 68 34 0 5 0 0 I 0 0 0 0 0 0700 133 0 79 42 I 8 0 0 3 0 0 0 0 0 08:00 108 I 74 28 I 4 0 0 0 0 0 0 0 0 09:00 113 I 73 33 0 3 I 0 I 0 I 0 0 0 ]000 125 2 80 39 0 4 0 0 0 0 0 0 0 0 ] 100 113 0 75 26 I 6 I 0 4 0 0 0 0 0 12PM 92 I 71 17 0 3 0 0 0 0 0 0 0 0 0100 109 3 7J 23 0 8 0 0 2 0 0 0 0 0 0200 114 0 87 21 0 5 0 0 I 0 0 0 0 0 0300 146 I 109 27 0 7 0 0 2 0 0 0 0 0 04:00 174 I 125 40 0 4 0 0 4 0 0 0 0 0 05:00 214 I 150 53 I 9 0 0 0 (] 0 0 0 0 0600 218 I 140 69 0 (, 0 0 2 0 0 0 0 0 07:00 163 I 122 34 0 5 0 0 I 0 0 0 0 0 0800 132 2 100 27 0 0 0 0 3 0 0 0 0 0 09:00 119 0 85 33 0 I 0 0 0 0 0 0 0 0 10:00 76 0 66 10 0 0 0 0 0 0 0 0 0 0 1100 49 0 39 9 0 I 0 0 0 0 0 0 0 0 579 -....- -..----...--------- .----- ---------.--- "------ ------ Dailv 2.371 16 1.662 4 82 2 0 25 I) I 0 0 0 Totals Percent 0.7 701 24.4 0.2 3.5 0.1 0.0 II 0.0 0.0 0.0 0.0 0.0 of Total Data File: SUNSHINE BL VO S OF 20TH PL S'N Printed: 7/24/2008 Page: Collier Countv Transportation Department Traffic Operations Technicians: Luis Trujillo Title I Title2 Title3 : TROPICANA BLVD PJ. ~'5 : N OF 28TH AVE SW : NAPLES Interval Begin AM. NB 12:00 2 1215 2 ]230 2 ]245 2 100 ] 1:15 2 130 2 1:45 2 200 0 2:]5 () 2:30 ] 2A5 ] 3:00 1 315 1 3:30 ] 3:45 0 400 0 4]5 3 4:30 3 4A5 1 5:00 3 5:15 4 530 16 5:45 10 600 12 6:15 20 630 23 6A5 27 7:00 26 7]5 25 7:30 33 7:45 33 8:00 24 815 24 8:30 30 8A5 22 9:00 ]9 915 ]8 930 20 9A5 18 10:00 14 ]0:]5 16 ]0:30 16 ]OA5 18 ] 100 25 ]115 17 1130 IS liAS 16 --~~.,_._--_."-._-,..~- Totals 571 PM- NB -----~_._------ .._...~..__.~-_._----_.'--'-'---'-' 8 19 22 15 15 7 20 22 17 16 2 15 12 16 15 3 18 19 22 19 7 33 19 23 25 33 24 31 40 27 82 38 33 30 24 117 31 29 24 31 ]00 15 23 17 27 75 20 13 16 8 64 4 17 II 4 73 4 3 4 2 -----.-......-', 932 Peak Hour 7:00 Volume 117 Factor 0.89 DayTotal 1,503 Data File' TROpIC:ANA BL VO N OF 28Tl-fA VE Sv...----- 530 ]38 0.86 7] 75 58 78 100 122 125 115 82 57 36 13 161 181 Site: Date: 722080020001 07/23/08 Day: Wednesday Printe,r:- 7/24/2008 Page: Collier County Transportation Department Traffic Operations Technicians: Luis Trujillo 161 191 Title I Title2 Title3 : TROPICANA BLVD : N OF 28TH AVE SW : NAPLES Site: Date: 722080020001 07/23108 _.----..._.._._-~- Interval Day: Wednesday Begin AM-S6 PM- S(; 6 14 ------21- 65 _._-----~ 1200 1215 2 10 1230 3 16 1245 3 18 100 0 6 22 64 ] 15 2 16 130 ] 9 145 3 17 200 0 15 67 2:15 ] 18 2:30 0 18 245 0 16 3.00 3 6 ]8 87 3:15 ] 17 330 0 24 3:45 2 28 4:0(J 0 3 28 124 4:]5 0 24 430 3 38 4:45 0 34 5:00 2 10 32 151 5:15 3 36 5:30 3 41 5:45 2 42 600 9 4] 34 ]26 6:15 6 35 630 6 30 6:45 20 27 7:00 13 48 22 92 7:15 ]4 28 730 5 24 745 16 ]8 800 15 60 21 94 8:15 15 24 8:30 II 25 845 ]9 24 900 7 47 29 81 9:15 14 25 9:30 19 17 945 7 10 1000 9 51 12 35 1015 16 15 ]030 9 5 ]045 17 3 ] 100 ]2 67 8 26 ] 115 2] I] 1130 12 5 1145 22 2 Totals ----------'-- -----..--,.-- ..---,--.-...-..---- 354 l.012 Peak Hour 1100 5:15 Volume 67 153 Factor 0.76 091 DayTotal 1.366 --O-ata File .~1~If6PICANA.Bi~\;-D~.r6F-i8nl AVE SVV -----~Printed : 7/24/2008 Page : TROPICANA BLVD : N OF 28TH AVE SW : NAPLES Titlel Title2 Title3 Begin Time Total 12AM 8 0100 7 02:00 2 03:00 3 04:00 7 0500 33 0600 82 0700 117 0800 100 0900 75 1000 64 1100 73 12PM 71 01:00 75 0200 58 0300 78 0400 100 0500 ]22 06:00 125 0700 115 0800 82 0900 57 10:00 36 11:00 13 ____ "--------_-___'0- Daily 1.503 Totals Percent of Total Percentile Soeeds 10 MPH Pace Soeed : 25 . 35 Number in pace 1.052 % in pace 70.0 Speed Exceeded Percentage Totals 1.14 15-19 20.24 MPH MPH MPH --0---0-----:)- o 1 1 001 000 010 103 o 3 13 o 1 22 o 3 11 013 028 025 o 0 6 013 015 o 0 3 1 4 13 o 0 13 1 8 13 o 3 14 1 5 16 o 2 16 009 1 1 2 5 39 183 0.3 26 122 161 Collier Countv Transportation Department Traffic Operations Technicians: Luis Trujillo Site: Date: 25:29 - 30:34 MPH MPH ---------- 1 2 2 2 1 0 3 0 4 0 13 9 35 27 44 38 34 38 36 21 20 26 31 24 29 21 31 31 22 17 27 35 36 32 44 41 47 38 51 27 28 23 15 19 13 7 4 3 ------- 571 481 Direction: NB 40.44 45.~-SO:-54--55.59- 60.64 65.69 MPH MPH MPH MPH MPH MPH ------1-- 0 ().-.o---.-1T----o o 0 000 0 o 0 000 0 o 0 000 0 o 0 000 0 1 0 000 0 1 1 0 0 0 IJ 3 0 IJ 0 0 0 2 0 0 0 0 0 2 0 0 0 IJ 0 1 0 000 0 o 0 000 0 1 1 0 IJ 1J 0 2 0 000 0 1 0 000 0 3 0 0 IJ 0 0 5 IJ 000 0 3 0 000 IJ 2 0 IJ 000 1 0 000 0 1 0 000 0 o 0 IJ 0 0 0 o 2 000 0 o 0 000 0 -----..------- 30 4 0 0 0 0 38.0 320 10% 22.9 15% 25.0 50% 29.6 85% 35.0 45 MPH 0.3 4 55 MPH 0.0 o 65 MPH 0.0 o Data File: TROPjCANA .Ill vDNoYi8THAvE SIN 35.39 MPH I 1 o o 2 6 2 9 12 12 7 11 1] 7 12 10 9 21 16 19 8 5 5 2 190 12.6 2.0 0.3 00 00 0.0 90% 36.9 -'p"iTnted: 7/24/2008 181 722080020001 07/23/08 70.99 Avg MPH o 30 o 28 o 24 o 27 o 28 o 30 o 28 o 29 o 30 o 30 o 29 o 30 o 30 o 30 o 30 II 31 o 29 [) 30 o 29 o 29 [) 28 o 28 o 29 o 27 ..-.."-^--- -------- o 29 0.0 00 Page' 161 181 Collier County Transportation Department Traffic Operations Technicians: Luis Trujillo Site: Date: 722080020001 07/23/08 : TROPICANA BL VD : NOF28THAVESW : NAPLES Title I Title2 Title3 Begin Time 12:AM 0100 02:00 0300 0400 05:00 0600 0700 08:00 09:00 1000 11:00 12:PM 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 Dailv Totals Direction: SB 20~24~---25:2"9'~-- -30-34 35-39 40A4 45~-49'- 50-54 55-59 60.64 .---- MPH MPH MPH MPH MPH MPH MPH MPH MPH 2 -- T--~----4- ----o--~ j- I 0 2 121 100000 o 0 100 0 000 0121 I 0000 012000000 3 4 100 0 000 6 14 II 5 3 0 0 0 0 7 14 19 5 2 0 0 0 0 2 18 17 19 2 1 0 0 0 4 15 14 II 2 0 0 0 0 10 16 13 8 I 0 0 0 0 2 22 29 7 6 0 0 0 0 3 19 21 17 5 0 0 0 0 5 21 20 12 2 I 0 0 0 7 27 20 9 3 0 0 0 0 15 38 22 6 3 I 0 0 0 16 38 40 19 7 0 0 0 () 14 61 51 20 ] I 0 0 0 15 51 35 19 2 0 0 0 0 7 40 24 12 2 I 0 0 0 15 39 27 II I 0 0 0 0 12 30 27 7 2 0 0 0 0 5 13 12 3 2 0 0 0 () 5 II 6 2 I 0 0 0 0 156 496 418 198 -4S.--..--6--i----o----i-.--- Avg 15.19 MPH o o o I o 2 o o I o 3 I o o I 65.69 70.99 MPH MPH 0---0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 Total 1.14 MPH o 1 o o o o 2 I o I o o o 3 o o I I 1 I o I o I 14 38 26 32 31 30 24 29 30 32 31 29 31 32 30 30 29 30 30 29 29 29 29 30 28 30 14 6 I 6 3 10 41 48 60 47 51 67 65 64 67 87 124 151 126 92 94 81 35 26 ---- -~-- .-. 1.366 2 3 2 3 5 I 2 o o 27 2.0 11.4 36.3 30.6 14.5 3.5 0.4 0.1 0.0 0.1 10 0.0 0.0 Percent or Total 10% 23.1 15% 25.1 50% 29.9 85% 36.3 90% 38.0 Percentile Speeds 10 MPH Pace Speed: N umber in pace %in oace 25.35 914 66.9 Speed Exceeded Percentage Totals 45 MPH 0.7 9 55MPII 0.1 2 65MPII 0.0 o Data File. TROPICANA BL YO N OF 28TH A VE S~------ Printed. 7/24/2008 Page: Collier County Transportation Department 16 I 18 Traffic Operations l Technicians: Luis Trujillo Title I : TROPICANA BLVD Site: 722080020001 Title2 : N OF 28TH AVE SW Date: 07/23/08 Title3 : NAPLES Direction: NB I 2 3 4 5 6 7 8 -~- 10 II 12 IY- Begin Cars & 2 Axle 2 Axlc 3 Axle 4 Axle <5Axl 5 Axle >6Axl <6Axl 6 Axle >6Axl Time Total Bikes Tlrs Long Buses 6 Tire Single Single Double Double Double Multi Multi Multi ---- ------~._~ _._~._..._..--- 0 ..--0- 0 0 ---_.--- ----~,.__.._.. 12AM 8 0 7 1 0 0 0 0 0 0 0100 7 0 5 2 0 0 0 0 0 0 0 0 0 0 02:00 2 0 2 0 0 II 0 0 0 0 0 0 0 0 03:00 3 0 2 1 0 0 0 0 0 0 0 0 0 0 04:00 7 0 5 2 0 0 0 0 0 0 0 0 0 0 05:00 33 0 23 10 0 0 0 0 0 0 0 0 0 0 06:00 82 1 45 33 0 J 0 0 (I 0 0 0 0 0 0700 117 0 78 34 0 4 0 0 1 0 0 0 0 0 0800 100 0 66 27 0 2 1 0 4 0 0 0 0 0 0900 75 0 53 17 0 5 0 0 0 0 0 0 0 0 10:00 64 0 39 21 0 4 0 0 0 0 0 0 0 0 1100 73 0 45 24 0 3 0 0 1 0 0 0 0 0 12:PM 71 0 46 22 0 2 0 0 0 1 () 0 0 0 01:00 75 0 56 16 0 2 0 0 1 0 0 0 0 () 0200 58 0 42 15 0 1 0 0 0 0 0 0 0 0 0300 78 0 56 18 0 3 0 0 1 0 0 0 0 0 0400 100 0 72 23 0 2 0 0 2 1 0 0 () 0 0500 122 0 95 26 0 () 0 0 1 0 0 0 II 0 0600 125 0 83 40 0 2 0 0 () 0 0 0 0 0 0700 115 0 90 23 0 2 0 0 0 0 0 0 0 0 0800 82 1 61 18 0 2 0 0 0 0 0 0 0 0 0900 57 0 44 12 0 0 () 0 1 0 0 () 0 0 1000 36 0 31 5 0 () 0 0 () 0 0 0 0 0 1100 13 0 10 3 0 0 0 0 0 0 0 0 0 0 T:503-~- ----- -------.-.--' --- .-. -_._..~_..- Daily 1056 393 0 37 1 0 12 2 0 0 0 0 Totals Percent 0.1 70.3 26.1 00 2.5 0.1 0.0 0.8 01 00 0.0 0.0 0.0 of Total Data File: TROprCANA BL YD N OF 28TH AVE SVV Printed: 7/24/2008 Page: Collier County Transportation Department 16 I 1 B Traffic Operations '1 Technicians: Luis Trujillo Title 1 : TROPICANA BLVD Site: 722080020001 Title2 : N OF 28TH AVE SW Date: 07/23/08 Title3 : NAPLES Direction: SB _._.._~- I -2- 3 4 --3 6 7 ---8-~ lO- 11 12 13 Begin Cars & 2 Axle 2 Axle 3 Axle 4 Axle <5 Ax] 5 Axle >6Axl <6Axl 6 Axle >6Axl Time Total Bikes Tlrs Long Buses 6 Tire Single Single Double Double Double Multi Multi Multi .-.------.-----. - -"0---0--- -0 --o--(j----O-- -- ..."-------- 12AM 14 0 10 4 0 0 0 0 01:00 6 0 4 2 0 0 0 0 0 0 0 0 0 0 02:00 I 0 I 0 0 0 0 0 0 0 0 0 0 0 03:00 6 0 4 2 0 0 0 0 0 0 0 0 0 0 04:00 3 0 I 2 0 0 0 0 0 0 0 0 0 0 05:00 10 0 5 5 0 0 0 0 0 0 0 0 0 0 06:00 41 0 27 II 0 3 0 0 0 0 0 0 0 0 0700 48 0 33 II 0 3 I 0 0 0 0 0 0 0 0800 60 0 42 14 0 2 0 0 2 0 0 0 0 0 09:00 47 0 27 16 0 4 0 0 0 0 0 0 0 0 1000 51 0 35 16 0 0 0 0 0 0 0 0 0 0 11:00 67 0 46 19 0 I 0 0 0 I 0 0 0 0 12PM 65 0 49 13 0 3 0 0 0 0 0 0 0 0 01:00 64 0 46 17 0 I 0 0 0 0 0 0 0 0 0200 67 0 46 16 0 2 0 0 2 I 0 0 0 0 OJ.OO 87 0 66 21 0 0 0 0 0 0 0 0 0 0 0400 124 0 84 37 0 3 0 0 0 0 0 0 0 0 05:00 15\ 0 109 39 0 2 0 0 I 0 0 0 0 0 0600 ]26 I 86 36 0 2 0 0 I 0 0 0 0 0 0700 92 0 71 18 0 3 0 0 0 0 0 0 0 0 0800 94 0 76 16 0 2 0 0 0 0 0 0 0 0 0900 81 0 62 19 0 0 0 0 0 0 0 0 0 0 1000 35 0 25 10 0 (I 0 0 0 0 0 0 () 0 11:00 26 0 18 7 0 I 0 0 0 0 0 0 0 0 Dallv- -----..- .-----0- 1.366 I 973 351 0 32 I (, 2 0 0 0 0 Totals Percent 0.1 71.2 25.7 0.0 2.3 0.1 0.0 04 01 0.0 0.0 0.0 0.0 ofTolal Data rile: TROPICANA BLVD N OF 28TH AVE S~ Printed 7/24/2008 Page Collier Countv Transportation Department Traffic Operations Technicians: Luis & Elias 161 IBl LOCA nON CROSS ST CITY : TROPICANA BLVD p, S, ~5 : N OF 28TH AVE SW : NAPLES 110050010001 01/11/05 Interval Begin AM- 12:oir- 4 1215 3 12:30 2 1245 2 1:00 0 1:15 0 1:30 0 1:45 1 200 1 215 0 230 1 2:45 0 300 0 3:15 1 330 1 3:45 I 4:00 2 4:15 0 430 5 445 2 5:00 5 5:15 7 530 8 545 11 600 24 6:15 26 630 40 6:45 37 7:00 42 7:15 37 730 54 7:45 38 800 55 815 38 830 37 845 32 9:00 17 9:15 18 930 21 945 16 1000 20 1015 13 1030 19 10:45 20 1100 19 11-15 9 11:30 15 11:45 14 Totals ----~.._..._- 718 Peak Hour 7:30 Volume 185 Factor 0.84 DayTotal 1.649 Site: Date: Day: Tuesday NB PM- NB --------- .----17-------- 71/-' --- 12 22 16 17 62 16 10 19 11 72 16 12 33 21 88 13 29 25 25 lIS 30 25 38 26 123 26 43 28 37 ]25 26 29 33 28 107 29 30 20 25 81 17 19 20 16 40 10 6 8 8 32 10 11 3 5 16 4 6 1 ---..'. ------,----------_... 931 II 2 3 9 31 127 171 162 72 72 57 515 134 078 Data FI~Ropic-ANA BL vo ~fOF 28TH A-'iE-S"\~ -------- --- Printed: 7/9J200S-P-a-ge. ~ LOCA nON CROSS ST CITY Collier Countv Transportation Department Traffic Operations Technicians: Luis & Elias : TROPICANA BLVD : N OF 28TH AVE SW : NAPLES Interval Begin AM- 56 1200 2 12:15 3 1230 I 12:45 0 100 0 115 0 1:30 I 145 1 200 2 2:15 1 230 0 245 1 JOO 1 315 0 330 0 3:45 0 400 2 4:15 1 4:30 0 445 0 5:00 1 515 1 530 3 5:45 3 600 4 6:15 9 630 7 6:45 5 7:00 10 7:]5 16 7:30 26 7:45 17 8:00 17 815 11 8:30 10 845 8 900 8 915 6 9:30 9 945 7 1000 17 1015 13 1030 12 10:45 10 1100 11 1115 14 11:30 14 1145 16 Totals 301 Peak Hour 7:15 Volume 76 Factor 0.73 DayTotal 1,382 PM- 13 6 17 10 12 13 9 II 14 22 19 22 29 25 23 47 29 32 37 39 43 40 47 48 49 40 33 30 25 41 27 28 23 16 18 22 23 15 17 9 12 11 6 6 7 5 7 4 --,,~-------- "._.~------ - --------._- ._-~------". ------ 1.081 ~6 6 2 4 3 8 25 69 46 30 52 55 5:15 184 0.94 Dati"Fife:-.-TROP(CANA-stvD N OF 28TH ^ VE sv..- Printed 16/ 18 I Site: Date: 11005001000] o jill/OS Day: Tuesday 46 45 77 124 137 178 152 121 79 64 35 23 7/9/2008 Page: 'I LOCA nON CROSS ST CITY Begin Time ]2:AM 0100 02:00 03:00 04:00 05:00 0600 07:00 08:00 0900 10:00 1100 12:PM 0100 0200 031!0 04:()0 0500 0600 1!700 08:00 0900 10:00 1100 Dailv Totals Percent or Total Percentile Speeds Collier Countv Transportation Department Traffic Operations Technicians: Luis & Elias 16/ : TROPICANA BLVD : N OF 28TH AVE SW : NAPLES Total ]-14 MPH o o o o o o 2 1 o o o 1 1 o o I 1 11 1 2 3 9 31 127 171 162 72 72 57 67 62 72 88 118 123 125 107 81 40 32 16 1.649 10 MPH Pace Speed: Number in pace % in pace Speed Exceeded Percentage Totals I o 1 o o o 11 0.7 10% 25.3 25 - 35 1.039 63.0 45 MPH 1.5 25 2 15-19 MPH o o o o o o 1 2 I o o 3 1 1 o I 3 3 1 3 I o 11 o 21 20-24 25-29 MPH MPH -- o 4 o 0 o 0 o 1 1 1 1 7 7 30 I} 54 7 49 8 18 3 17 3 16 3 ]5 3 ]2 I 14 6 17 9 31 9 40 I} 35 7 35 8 18 4 9 6 11 o 7 ---- 104 441 6.3 26.7 Direction: NB 30-34 35-39 40~4549 50-54 MPH MPH MPH MPlI MPH - ----- -------- 4 300 0 o 100 I! 2 000 0 o 0 0 2 0 2 0 11 0 13 6 3 I 0 59 22 5 I 0 65 33 6 1 0 58 33 12 2 0 27 13 5 I 0 25 21 4 1 1 15 16 3 0 0 34 9 3 1 0 21 20 4 I 0 24 2] 9 2 I 27 27 8 0 39 21} 4 I 39 22 4 2 2 48 23 6 2 () 39 20 ) () 0 30 20 3 0 0 15 9 2 0 ] 6 8 1 (J 0 6 2 ] 0 () 598 363 --~--19---6-- 36.3 220 52 1.2 0.4 13 15% 26.3 5Q% 32.1 l!~')Io 38.1 90'1], 39.3 55 MPH 0.0 o 65MPII 00 o Data Fife'-TROPICANA Bl" VON OF 28TH A VESV;--- Site: Date: 55-59 60-64 -. 65-69 MPH MPH MPII o . 0 0 000 000 o () 0 000 000 000 000 000 000 000 11 0 0 000 000 000 o () () () 0 () o 0 I! o 0 I! 000 000 000 000 000 .-._--- 000 0.0 0.0 Printed' 7/9/2008 181 110050010001 01/1l/05 70-99 MPH o o o I! o I! o o o o o o I! o o o o o o o o o o o --- o 0.0 0.0 Page: Avg 32 37 32 40 33 33 31 .11 32 31 33 31 31 33 .14 33 J1 ]] 31 31 31 32 30 31 -----n- LOCA nON CROSS ST CITY Begin Time 12AM 0\:00 0200 0300 0400 05:00 06:00 0700 08:00 0900 10:00 1100 12PM 01:00 02:00 11300 04:00 05:00 06:00 11700 0800 09:00 10'00 1100 Dailv Totals Percent of Total Percentile Speeds 161 Collier Countv Transportation Department Traffic Operations Technicians: Luis & Elias : TROPICANA BLVD : N OF 28TH AVE SW : NAPLES Direction: SB Total 1-14 -15-19-- -iQ:'24- 25-29 -3i~-35-j9-4(1-44 -~,f5~49- MPH MPH MPH MPH MPH MPH MPH MPH 6 ---------0------0---.0---- 2 2 I ]------() 00 () ] ] 000 00102010 00000100 00110100 0023 (200 032792 [ I 2 0 6 18 21 13 S 0 o 2 6 12 17 6 3 0 I I 3 6 ] I 6 2 () o I 2 9 ]5 17 4 3 ] 0 1 ]J 23 ]2 4 () o 0 3 ]J 22 3 3 0 1 0 I 8 13 13 8 I 1 I 5 18 26 18 6 2 o I S 29 47 29 7 3 o 4 5 28 48 40 9 3 1 0 16 42 84 26 9 0 o 2 9 33 63 34 10 1 o 0 7 37 48 28 1 0 o 0 9 21 26 20 2 ] o U ] 22 23 12 5 ] o 0 ] 12 7 S 5 ] 00156830 -- ----- --------- 7 15 90 340 515 300 92 (7 4 1 3 8 25 69 46 30 52 55 46 45 77 124 137 178 152 III 79 64 35 23 1.382 10 MPH Pace Speed' Number in pace % in pace Speed Exceeded Percental1:e Tota]s 2 0.5 11 6.5 246 37.3 21.7 6.7 Hl% 25.4 15% 26.4 500('0 32.3 85% 38.5 90% 39.6 25 ~ 35 855 6 \:9 45 MPH 1.7 23 55 MPH 0.1 2 65 MPH 0.0 o Data Fife~-------::rR6PICANA BLVD N OF 28TH A vi~ sW------ 181 Site: I 100500 I 000 I Date: 0l/1l/05 j(j:S4------ss:S9-- 60-64---65~69 MPH MPH MPH MPH ----------0- ---0---- 0 0 o 000 o 000 o 0 0 0 o 0 0 0 II 0 0 0 o 0 0 0 o 1 0 0 o 0 0 0 o 000 o 0 ] 0 1 0 0 0 2 (J 0 0 () 0 0 0 o () 0 () o 0 0 0 o 0 0 0 o 0 II 0 II 0 0 0 o 0 0 0 II 0 0 0 IJ 0 II 0 1 0 0 II o 0 0 0 ---------- 4 I I IJ 1.2 03 01 0.1 -- -Printed7/912008 -------~ 0.0 70-99 MPH ------- o o o o o o o o o o o o o o o o o (J o o o o o o o 0.0 Page: Avg 33 30 32 37 29 29 29 32 30 30 34 32 32 34 32 32 33 31 32 31 31 32 J4 34 32 LOCA nON CROSS ST CITY Begin Time 12AM 0100 0200 0300 0400 05:00 0600 0700 0800 0900 1000 11:00 12:PM 01:00 02:00 0300 04:00 05:00 06:00 07:00 0800 09:00 ]0:00 11:00 Dailv Totals Percent of Tota[ Collier Countv Transportation Department Traffic Operations Technicians: Luis & Elias : TROPICANA BLVD : N OF 28TH AVE SW : NAPLES I ------z--J Cars & Tlrs 10 1 2 1 5 23 88 118 122 49 54 37 49 44 53 65 87 91 87 83 56 33 29 15 1.202 Total 11 I 2 3 9 31 127 171 162 72 72 57 67 62 72 88 118 123 125 107 81 40 32 16 1:649 Bikes -. o o o o o o o 1 (I I o o o o (I I o 2 1 4 o (I o o 10 06 729 2 Axle Long Huses ----- 1 0 o 0 o 0 2 0 3 0 5 () 35 0 43 1 35 I 18 0 17 0 16 0 13 0 16 0 ]5 0 18 2 27 0 25 0 36 () 18 0 24 0 6 0 3 0 1 0 377 4 22.9 Data File: TROPICANA BL VO N OF 28TH AVE S\\I 4 0.2 Direction: NB 5 -- --6- 2 Axle 6 Tire 1 1 I 1 o o - - -- -------------- 4" 2.8 o o o <I I 2 4 3 Axle Single o o o o o o o 1 o o o o <I o o o 1 o o o o o o o 2 2 2 1 4 5 2 4 2 ] 5 01 7 4 Axle Single ---0- o o o o o o o o (] o (] o o o o o o (] o o o o o o 161 tBl Site: 1100500 I 000 I Date: 0I/11/05 8 9 -T2- 6 Axle Multi 10 11 <5 Axl 5 Axle >6 Axl <6 Ax] Double Double Double Multi ------0--- - 0---0-- 0- ----0 o 0 0 (I 0 o 0 (] 0 0 o 0 0 0 0 o (I 0 0 0 1 0 0 0 0 o 0 () 0 0 2 0 0 0 0 2 0 0 0 0 2 <I 0 0 0 o () () 0 0 o 0 0 0 0 o 0 0 0 0 o 0 0 0 0 o 0 0 0 (] o (I 0 () (I o 0 0 0 0 o 0 () 0 () o 0 0 0 0 1 0 0 0 0 (I 0 (I 0 0 o (100 0 () 0 0 0 () o 000 0 ------------- --..------ 8 U II 0 0 0.0 0.5 0.0 0.0 0.0 Printed 7/9/2008 .Tf- >6 Axl Multi -----..- o o o o o o (I o o (I o o o o o o o o o o o o o o --------- o 0.0 0.0 Page. LOCATION CROSS ST CITY : TROPICANA BLVD : N OF 28TH AVE SW : NAPLES -I' ------y- Begin Time iTAM 0100 02:00 0300 0400 0500 0600 0700 0800 0900 1000 11:00 12PM 01:00 02:00 0300 04:00 05:00 0600 07:00 0800 09:00 1000 11:00 Dailv Totals Total Bikes --~ 6 0 2 0 4 0 1 0 3 0 8 0 25 0 69 0 46 0 30 0 52 0 55 1 46 0 45 0 77 I 124 0 137 I 178 1 152 3 121 1 79 2 64 4 35 0 23 0 - -------------- 1.382 14 Percent of Tot a] Cars & Tlrs 4 2 4 1 3 4 17 46 32 19 38 37 35 30 57 88 97 124 101 89 53 42 32 21 ------- 976 1:0 70.6 Collier Countv Transportation Department Traffic Operations Technicians: Luis & Elias 3 Direction: SB n--4~----5------ 6 2 Axle Long 2 o o o o 3 5 19 13 10 14 16 10 13 15 33 33 45 45 30 22 18 3 2 3-51-- 254 Data File. TROrICANA BL VD N OF 28TH AVE S\\, Buses o o o (] o o 1 2 o o o o o o 1 o (] I (J (J () o (J o 5 2 Axle 6 Tire ----- o o o o o I 2 2 (J o o 1 I 2 I 3 4 J I 2 (J {I o 28 0.4 2.0 3 Axle Single . 0 (] o (J (] o o (] o o (] o (] o 1 o 1 o (J (J o o o (J 2 0.1 7 8 4 Axle <5 Ax! Single Double -..-------- o 0 o 0 o 0 o 0 o (] o 0 o 0 o 0 o I (] 1 (] (] o (] o 0 o 0 (J 0 o 0 o 1 o 2 o 0 o 0 o 0 o 0 o 0 {I (] o 5 0,0 0.4 5 Axle Double .uO o (] o o o o (] () o (] o o o o o o o o {I o o o o o ------ 9 10 0.0 >6Axl Double o o (] o (] o o o o o o (] o o o o o II o o II o II o () Printed 7/9/2008 161 Site: Date: 11 <6Axl Multi II o (] o o II o II o (] o o o o I o o () (] o o o o o 1 0.0 0.1 181 I 1005001000 I 011II/05 12 ]3 6 Axle >6 Ax! Multi Multi 6----0 o II o (] o {I o {I o 0 o 0 o 0 o {I o () o 0 o (] o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o {I o 0 o () o 0 o 0 110 0_0 Page: 161 18 1 August 12,2008 Darryl & Tessie Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie SilIery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (G-26) ACTIVE - Darryl & Tessie: !'HAlE BidOocument Prep wi McGee" Asso./StlIft' 21Day&iddll'lg BCC Ar>PR NTP ~~: I!nd t'!.. 4-15-08 ~ 7-14-08 ( inloud" sunshine blvd, changes) 7-14-08 to 8-7-08 9-9-08 10-9-08 (G-25) ACTIVE Darryl & Tcssk: Golden Gate Master Plan - revision GO,"n Gate _TV -1I1ISter Plan C.... Pilau at DId. M6Gu 2nd DrIft. MlSaa 2nd Draft RtwIIw FYI: eomm.... f8q...... LDC procedu.... Verltlcltlon of Bee ApPfOVlII f8qulrements Start. lad Date 1f1i11H07 Wl'12OO7 121'1Wt -1I3tI08 PendIq Pending (G-22) ACTIVE - Darryl - Design Process Coronado & Hunter (Master Plan Draft) 10-09-07: Committee requested to get copy of drainage study on Coronado & Hunter. & two quotes on overlay and 2 inch pitched curb, repave & n?stripe from annual contractor. 12-1--07: Pending fmaIization of master plan. 1-7-08: Pending finalization of master plan. 2-6-08: Pending fmalization of master plan. 2-13-08: Staff review of Master Plan reyisions in progress. 5-9-08: Committee reviewing Master Plan revisions (G-21) ACTIVE ONGOING Tessie: - McGee & Assoc, Annual Contract: 04-3614- 10-9-07: Committee approyed McGees proposal for $14,050.00 11-6-07: County staff has requested McGee to make changes in proposal. 11-13-07: Staffreceiyed hardcopy of signed Work Order proposal from McGee & Associates. 12-10-07: NTP to be sent out- in progress. 12-11-07: NTP sent out witb an expiration date of: 12-10-08. (G-17) ACTIVE ONGOING - Tessie- Annual Maintenance Contract: #05-3686; PART I -- "Golden Gate Beautification MSTU Roadway Grounds Maintenance" - Expires 6-14-09 7-28-05: Notice to Proceed sent to Advanced Lawn Maintenance. 9-30-07: End of Fiscal Year. 10-12-07: New Fiscal Year PO's issued- NTP 1 161 181 2-5-08: Verbal notification - Advance Lawn has breached contract. Staff coordinating with purchasing dept. for action plan. 2-12-08: Obtaining price from CLM for a 4 month timeframe. 2-13-08: Purchasing Dept. reviewing submittal from Commercial Land Maintenance under existing contract #06-3928 which is the most recent CLM Contract that includes "incidentals" for repair of irrigation system and/or landscaping during the contract period. 3-3-08: NTP for Maintenance - Commercial Land - till May 2, 2008. 3-11-08: Request for deletion of 10 ft. height and lower 3-11-08: Deletion of 10ft. specification not recommended. 4-10-08: Finalization of Maintenance Contract with Purchaseing 5-09-09: Bids to go out. (G-18): ACTIVE Darryl - Hunter & Coronado Project 6-13-07: Committee Requested for McGee & Association to bring back to next meeting - Scope for Designing Hunter & Coronado. 6-20-07: Staff review indicates that Hunter Boulevard would be the next project for Committee to obtain Design Services. Recommendation is based on (1) Public Comment at previous Committee Meetings, and (2) Available funds do not allow for both Hunter and Coronado projects to be done at one time. 8-12-07: Committee requested McGee to give them a proposal on designing both roads at the same time. Then Committee will decide on which one to do first. 9-11-07: McGee asked for more time to do the design. McGee to present at Oct. 9, 2007 meeting. 10-9-07: McGee distributed a "DRAFT" of Updating and Changes to the Master Plan for committee to review and return. 12-10-07: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 1-7-08: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 2-5-08: McGee to schedule a slide show and have costs for Committee to review and discuss with Commissioner Henning. (G-19) Completed lessie- MSTU Member Tenns: Richard Sims, Chainnan - 10-06-2010 Barbara Segura, 10-06-2010 Pat Spencer, 10-06-2009 Peggy Harris, 10-05-09 Mike McElroy, 10-05-07 - New appt. 10-9-2011 9-10-07: at the 9-11-07 meeting Me. McElroy resubmitted his application for renewal- to be reviewed by G.G. MSTU at meeting 9-11-07: Committee recommended Mr. McElroy for vacancy. 9-20-07: Memo sent to Filson for Recommendation to BCC. 10-09-07 10-09-07: BCC - approved recommendation - Mr. McElroy. 10-9-07 to 10-9-11 (4 year tenn) (G-24) Clltllpk.:lc DaIT) 1 & lcs:-.ic: G.Gate MSTU - 4 year Review Report by Committee Chairman to Bee Every four years on a rotating schedule, in accordance with Ordinance 2001-55, the advisory boards and committees of the Board of County Commissioners are up for review. Golden Gate MSTU Chairman scheduled to speak at BCC -3-11-08 12-20-07: Requested Chairman for input on the report. 01-07-08: Reminded Chainnan of deadline - January 11".2008 for county stall 01-14-08: Completed report emailed to Mike Sheffield - per deadline 2-11-08: O.Gate Chail111an signed report. 2-13-08: Rick Simms will report at the 3/11108 BCC meeting. (at 11:00 AM time certain (unconfinned)) 3.11-08: Rick attended the BCC - Board approved all 4 year review reports at once. 2 16\ 181 August 12,2008 Darryl & Tessie Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Golden Gate MSTU Project Status (G-26) ACTIVE - Darryl & Tessie: PHASE Bid Document PIep wi MoGee & AssoJ$tal'f 21 Day8kldlng BCe APPR NTP Start . End D.... 4-1S..Q8 to 7-14-08 { inlcudes sunshine blvd, changes) 7-14.08 to 8-7.os 9-9.os 10-9-08 (G-25) ACTIVE Darryl & Tessie: Golden Gate Master Plan - revision Golden Gld8 MSTU . Master Plan Deltfln ....... 1at Draft. Moo.. 2nd Draft. Ml:Gee 2nd Draft...... F'tI: Coiws II.. .....F>tId &.DC procedu_ V8l1llcatlon of BOO Approval reqvlfements "It. End DIlt8 1WtI2OO? 1211110&1 12l11O'l -llI30108 hncUng PencUng (G-22) ACTIVE - Darryl - Design Process Coronado & Hunter (Master Plan Draft) 10-09-07: Committee requested to get copy of drainage study on Coronado & Hunter. & two quotes on oyerlay and 2 inch pitched curb, repave & re-stripe from annual contractor. 12-1---D7: Pending finalization of master plan. 1-7-08: Pending fmalization of master plan. 2-6-08: Pending finalization of master plan. 2-13-08: Staff review of Master Plan revisions in progress. 5-9-08: Committee reviewing Master Plan revisions (G-21) ACTIVE ONGOING - '1 essie : - McGee & Assoc, Annual Contract: 04-3614- 10-9-07: Committee approved McGees proposal for $14,050.00 11-6-07: County staff has requested McGee to make changes in proposal. 11-13-07: Staff receiyed hardcopy of signed Work Order proposal from McGee & Associates. 12-10-07: NTP to be sent out- in progress. 12-11-07 : NTP sent out with an expiration date of: 12-10-08, (G-17) ACTIVE ONGOING Tessie- Annual Maintenance Contract: #05-3686; PART I -- "Golden Gate Beautification MSTU Roadway Grounds Maintenance" - Expires 6-14-09 7-28-05: Notice to Proceed sent to Advanced Lawn Maintenance. 9-30-07: End of Fiscal Year. 10-12-07: New Fiscal Year PO's issued- NTP 1 161 181 2-5-08: Verbal notification - Advance Lawn has breached contract. Staff coordinating with purchasing dept. for action plan. 2-12-08: Obtaining price from CLM for a 4 month timeframe. 2-13-08: Purchasing Dept. reviewing submittal from Commercial Land Maintenance under existing contract #06-3928 which is the most recent CLM Contract that includes "incidentals" for repair of irrigation system and/or landscaping during the contract period. 3-3-08: NTP for Maintenance - Commercial Land -lill May 2, 2008. 3-11-08: Request for deletion of lOft. height and lower 3-11-08: Deletion of lOft. specification not recommended. 4-10-08: Finalization of Maintenance Contract with Purchaseing 5-09-09: Bids to go out. (G-I8): ACTIVE - Darryl - Hunter & Coronado Project 6-13-07: Committee Requested for McGee & Association to bring back to next meeting - Scope for Designing Hunter & Coronado. 6-20-07: Staff review indicates that Hunter Boulevard would be the next project for Committee to obtain Design Services. Recommendation is based on (1) Public Comment at previous Committee Meetings, and (2) Available funds do not allow for both Hunter and Coronado projects to be done at one time. 8-12-07: Committee requested McGee to give them a proposal on designing both roads at the same time. Then Committee will decide on which one to do fITst. 9-11-07: McGee asked for more time to do the design. McGee to present at Oct. 9, 2007 meeting. 10-9-07: McGee distributed a "DRAFT" of Updating and Changes to the Master Plan for committee to review and return. 12-10-07: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 1-7-08: Committee will be reviewing more drafts from McGee tomorrow at their monthly mstu meeting on the master plan reviews. 2-5-08: McGee to schedule a slide show and haye costs for Committee to review and discuss with Commissioner Henning. (G-19) CompIc1eJ le"ie- MSTU Member Terms: Richard Sims, Chairman -10-06-2010 Barbara Segura, 10-06-2010 Pat Spencer, 10-06-2009 Peggy Harris, 10-05-09 Mike McElroy, 10-05-07 - New appt. 10-9-2011 9-10-07: at the 9-11-07 meeting Mr. McElroy resubmitted his application for renewal- to be reviewed by G.G. MSTU at meeting 9-11-07: Committee recommended Mr. McElroy for yacancy. 9-20-07: Memo sent to Filson for Recommendation to BCC. 10-09-07 10-09-07: BCC - approved recommendation - Mr. McElroy. 10-9-07 to 10-9-11 (4 year term) (0-24) (ulllpkll: I hUT) I&. i':-:i"lC G.Gate MSTU -4 year Review Report by Committee Chairman to Bee Every four years on a rotating schedule, in accordance with Ordinance 2001-55, the advisory boards and committees of the Board of County Commissioners are up for review. Golden Gate MSTU Chairman scheduled to speak at BCC - 3-11-O8 12-20-07: Requested Chainnan for input on the report. 01-07-08: Reminded Chairman of deadline - January 1 Iili. 2008 for county staff. a 1-14-08: Completed report emailed to Mike Sheffield - per deadline 2-11-08: G.Gate Chairman signed report. 2-13-08: Rick Simms will report at the 3/11/08 Bee meeting. (at 11:00 AM time certain (unconfirmed)) 3-11-08: Rick attended the BCC - Board approved all 4 year review reports at once. 2 ~tJee &A~ Landscape Architecture 16 , 18 1 August 12, 2008 Mr. Darryl Richard, Project Manager Collier County Transportation Altemative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 Subject: Proposal of Landscape Architectural Services for Golden Gate M.STU. Project Name: Coronado Pkwy. & Hunter Blvd. Landscape & Irrigation Concept Development Plans 2008-030P Dear Mr. Richard: As requested McGee & Associates is providing the following proposal of services for your review and approval. McGee & Associates (M & A) agrees to provide the following "Scope of Services. related to the conceptual design services for the proposed Landscape Beautification project of Coronado Pkwy. and Hunter Blvd. The project area will be defined generally as the area between the platted right-of-way lines for Coronado Pkwy. and Hunter Blvd. See attached "Project Man Hour and Fee Support Calculations", Sheet 1 for design service hours and costs. Scope of Services 1,1 Plannina Review existing roadway construction record drawings, existing utilities and contact utility agencies, and existing site conditions; along with future proposed roadway improvements and adjacent property improvements in order to develop a generally current set of cad base maps for design purposes. Base map information will be derived from existing on- site conditions, aerial photos and record drawings information provided by Collier County and/or utility agencies with utilnies within the project area. This proposal includes no surveying and base maps will not include exact field location of any utilities or objects in the project area. If plans need an engineer to sign and seal the plans that will be an additional cost, and is not included in this proposal. Research and review "Golden Gate MSTU Roadway Beautification Master Plan", applicable Collier County and F,D.O.T. ordinances, codes, standards, indexes and or regulations related to landscape and irrigation installation within roadway rights-of-way areas. Streetscape design and installation to generally comply with Collier County Construction in Public Right-of-way Ordinance 93-64 Construction Standards Handbook latest edition. Collier County is responsible for providing current as-built/record drawings and electronic cad files to McGee & Associates. If cad files or information provided by the County is found to be not current or per the on-site conditions then McGee and Associates will submit an additional services proposal to provide services to acquire accurate in field information to be included in the development of the base maps for the Landscape Beautification project. Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East / p, 0, Box 8052 Naples, Florida 34101 Phone (239) 417-0707' Fax (239) 417-0708 LC 098 . FL 1023A Page 2, 08/12/2008 Darryl Richard, Project Mgr. Golden Gate MSTU Proposal-2008-030P 16\ 181 2,1 Conceptual Plan 2.1,1 Prepare necessary landscape conceptual plans based upon the approval of the Beautification MSTU Advisory Committee, in order to convey the design intent developed by M & A and receive approval by Collier County. To minimally include items or services as follows: a. Prepare a~emative planting design and layout based upon water conservation, maintenance cost and future funding. b. Develop materials schedules containing conceptual quantities, sizes, and specifications. c. Decorative hardscape paving and curbing options. d. Analyze accent and street lighting options. e. Review alternate inigation methods. 2.1.2 Prepare necessary inigation conceptual plans based upon the approval of the Beautification MSTU Advisory Committee, to convey the design intent developed by M & A and receive approval by Collier County, 2.1.3 Develop opinion of costs related to the approved final conceptual plans to determine if project is within proposed budget. 3,1 Final Landscape Desian-Not in Proposal 4.1 Finallrriaation Desian-Not in Proposal 5.1 Pennittina-Not in Proposal 6,1 Contract Administration-Not in Proposal 7,1 Reimbersables Per Design services .Professional Landscape Architectural Services. Contract #04-3614. 8.1 Estimated Design Services Schedule 8.1 .1 M & A shall render ~s services as expeditiously as is consistent with professional skill and care. During the course ofthe Project, anticipated and unanticipated events may impact any Project schedule, Days listed are working days, excluding weekends, and official holidays. 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" s: N "' . ~ c . " '0 &' ?l o ~ N J{alifeman Creeft9.1.aintenance (})retfgino 9.1..5. q: V. .fl.dvisory Committee 2885 S. Horseshoe Drive Naples, FL 34104 161 RECEIVED OCT 0 2 200B lag '>3Qard of CO'-lflt'l CommiSSlo.if,t-;(i:: AGENDA December 13. 2007 I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of October 25, 2007 Minutes V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager's Report - Darryl Richard VI. Old Business/Open Items A. Quality of Seawalls to Prevent Silting B. Property Valuation C. Taxing by Valuation vs. Frontage D. Stormwater Runoff and Drain Maintenance E. Marine Patrol of Haldeman Creek F. Portion of HC inside Naples City boundary not in MSTU G. Bedrock near Sandpiper H, Further review - Final Project Report VII. New Business VIII. Member Comments IX. Public Comments X. Adjournment Next meeting is scheduled January 10, 2008 Collier Countv Trcnscortation Bide/East Conference RcorMisc. CorTes: Nac!es Ft 34104 2885 S, Horseshoe Drive Copies to , (i,,~ _'ZlV '6 Kafdeman Cree~:Maintenance (})rediJine :MS. q: V. }tawory Committee 2885 S. Horseshoe Drive Naples. FL 34104 March 13,2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of February 14, 2008 Minutes V. Transportation Services Report A Budget - Caroline Soto B. Project Manager's Report - Darryl Richard VI. Old Business A Tom Briscoe - Waterway Maintenance and Shore Protection (to include) 1. Quality of Seawalls to Prevent Silting 2. Marine Patrol of Haldeman Creek B. Joe Patton - Monitor I Interface with Naples MSTU on Technical Aspects of Dredging (to include) 1. Portion of HC inside Naples City boundary not in MSTU 2. Bedrock near Sandpiper C. Vicki Tracy - Implication of Florida Tax Acts, Taxing Rules, and Public information D. Sharon King - Storm Water Runoff and Drain Maintenance E. Roy Wilson - Property Tax Valuation and MSTU Boundary F, Darryl Richard - Research on Speed Zones VI. New Business A Discuss proposal to change meeting time to 3:00 - 5:00 VII. Member Comments VIII. Public Comments IX. Adjournment Next meellng is scheduled April 10. 2008 Collier County Transportation 8ldg/East Conterence Room 2885 S. Horseshoe Drive Naples. FL 34104 · J{alifeman Cree(~aintenance CDretfgifIIJ ~.s. rr.V. )tavisory Commit~ECE IVED 2885 S. Horseshoe Driye Naples. FL 34104 OCT 0 2 2008 ~a~ I Halas Henning Coyle Coletta / t/ October 25. 2007 BQard of County Commissioners MINUTES I. Call Meeting to Order by Roy Wilson at 4:11 P.M. II. Attendance: Members: Roy Wilson, Vicki Tracy, Tom Briscoe, Joe Patton (Excused) County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Mark Isackson - Budget Analyst, Sharon Newman - Transportation Operations Manager, Lt. David Johnson - Collier County Sheriff I Special Operations Group, Margaret Bishop - Storm Water Dept. Others: Darlene Lafferty & Sue Chapin - Mancan III. Approval of Agenda Add: IV, Sue Chapin - Mancan V, A. Marl< Isackson & Sharon Newman Tom Briscoe moved to approve the Agenda as amended. Second by Vicki Tracy. Motion carried unanimously 3-0. IV. Approval of April 26, 2007 Minutes Vicki Tracy moved to approve the April 26, 2007 Minutes. Second by Roy Wilson. Motion carried unanimously 3-0. Sue Chapin gave an introduction of Darlene Lafferty & an overview of Mancan's role & responsibilities, V. Transportation Services Report A. Budget - Caroline Soto Mark Isackson distributed & reviewed 2007 Certification of Final Taxable Value (See attached) announced the Property Appraiser reported an error made on the original Taxable Value within the MSTU & it would impact the Budget. Noting the following timeline: ~ The Estimated Budget was based on a "preliminarY' Property Appraiser Report submitted in June ~ The "preliminary final' Taxable Value reported in July was $251,029,631 ~ Taxable Value changed to $146,241,541 between J~ClIliIls: ~ The adopted Budget was based on $251,029.63 ~ Incoming paid Taxes will be based on the revised $11l@f!'i41.641 Taxable Value Item': Copies to 161 lag Mark Isackson distributed & reviewed the Budget Report. (See attached) . Total Revenue $24,600 will be reduced by 40% . After 40% reduction Revenue will be $13,600 . Suggested submitting a Budget amendment to the BCC to reflect the adjusted Taxable Value Darryl Richard stated the original proposed Budget Revenue was $9,000, Noted the Revenue would be higher after the 40% reduction. Sharon Newman stated the yearly Budget for Staff support was reduced to $4,000, Discussions ensued. It was requested that a representative from the Property Appraiser's office attend the December 13, 2007. Darryl Richard stated he would be willing to meet with the property appraiser for a clarification on the Taxable Value error & report to the Committee. It was suggested that a Committee member attend the meeting with the Property appraiser. Discussion regarding the impact of certain proposed state tax initiatives centered around how they might restrict the MSTU's desire to raise funds to perform surveys, test, and eventually dredging Roy Wilson volunteered to attend the meeting. Tom Briscoe distributed and reviewed a handout on Trash & Trees in the Haldeman Creek Canal System. (See attached) Lt. David Johnson stated research of Sheriffs records did not show historical data to support a problem. He was attending the meeting to receive direct input from the Committee on the problems. Tom Briscoe referenced the handout noted trees in the canal blocking navigation, docks falling in, & sunken boats Lt. David Johnson responded it should be reviewed by the County & Code Enforcement. Stated there are Community Policing Deputy's assigned to district 3 & they would be a liaison to work with Code Enforcement. Stated this was a "Code Enforcement issue." Tom Briscoe noted the email response from Code Enforcement stated they did not have jurisdiction in waterways_ (See attached) Lt. David Johnson suggested a point of contact be assigned from the Committee. Roy Wilson appointed Tom Brisco as the liaison. Roy Wilson noted that even after posting signs speeding through Haldeman Creek was still a problem. Lt. David Johnson responded they would increase discretionary patrols. Margaret Bishop stated the Dredging Project is closed. Reported the final as built Certifications were submitted to DEP & the COE. (See attached) Reviewed the$2,833,541 total Cost as follows: 2 16 IBs . $936,907 Feasibility Study, design, & pennitting . $1,731,450 Dredging . $165,184 Required Monitoring . Grants: ~ $500,000 SF ~ $80,000 City of Naples ~ $40,000 Antaramian ~ $64,204 Antaramian for the purchase of remaining fill Vicki Tracy questioned if the fill was tested & part of public record. Margaret Bishop responded the report was of public record & indicates the metals that were found. Darryl Richard stated the report would be distributed to the committee Margaret Bishop reviewed the as built Drawings and Sediment Report. Roy Wilson stated there is a recurrent problem with the final bend at Sandpiper. Noted at low tide some boats are unable to navigate through this bottleneck. Margaret Bishop responded that the bend had been dredged 3 times. Discussions ensue concerning the bend. It was questioned if any documentation supports the existence of bedrock in the area as the results show that objective depths were not obtained. It was concluded that additional information was required from the Survey to detennine if bedrock existed, Darryl Richard requested the Survey results be emailed to the Staff. It was recommended that CD copies of the Survey be made for Committee review. Vicki Tracy moved to allow the County to reproduce the Engineering Report & a copy be given to Chairman not to exceed $500. Second by Tom Briscoe. Motion carried unanimously 3-0. B. Project Manager's Report - Darryl Richard distributed and reviewed the following: (See attachments) 1. Project Report - None 2. Taxable Value - Noted the information was compiled from County GIS data 3. Contact Information - Noted the County Managers open door policy 4, Applicant for membership - It was determined Bruce Pebble resides outside the MSTU boundary. C. Final Project Report - Margaret Bishop (see item VIII A.1 from 4/26 mtg.) Previously discussed V. A 3 VI. Old BusinesslOpen Items 1. Quality of Seawalls to Prevent Silting - None 16 i . 2. Property Valuation - Previously discussed V. A. 3. Taxing by Valuation vs. Frontage - None 4. Storm water Runoff and Drain Maintenance - Tom Briscoe reported routine monitoring & maintenance is required by the County rather than waiting for complaints, 5. Marine Patrol of Haldeman Creek - Previously discussed V. A. 6. Portion of HC inside Naples City boundary not in MSTU - None lBg VII. New Business Roy Wilson announced the resignation of Karen Beatty, Vicki Tracy moved to accept the resignation as submitted by Staff of Karen with regret Second by Tom Briscoe. Motion carried unanimously 3-0. A. Set Next Meeting Date, Time and Location - December 13, 2007, & January 10, 2007 with the intention to continue meetings on the 2nd Thursday of each month. B. Update Reports by individual Board Members regarding any other items that may have happened or surfaced since the last Board - None C. Update on Fisherman's Cove - Darryl Richard & Roy Wilson distributed & reviewed a letter submitted to the District Engineer- Jacksonville District Corps of Engineers. (See attached) Vicki Tracy reported an organized taskforce has been formed by the HOA of Lakeview Dr. Noted the taskforce meets on a regular basis with 99% participation & a good deal of progress. VIII. Public Comments - None IX. There being no further business to come before the Committee, the meeting was adjourned at 6:33 P.M. 4 161 Haldeman Creek Maintenance Dredging MSTU Advisory Committee ~ "~ ~U~~ Roy Wils'on, Chairman . These minutes approved by the Committee on / - I () - (J ~ as presented or amended I Next meeting is scheduled tor December 13, 2007 Collier County Transportation Bldg/East Conference Room 2885 $, Horseshoe Drive Naples, FL 34104 5 181 16/ 1B~ October 25, 2007 Darryl & Tessie Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternatiye Transportation Modes Haldeman Creek MSTU Project Status Note: Meetings will resume with the New Fiscal Year! 07-08: Pending Budget Report - State Leg. Changes (H-2) ACTIVE - Committee vote for meeting schedule 3-29-07 Joe Patton moyed to have monthly meetings until May and then take off June, July, and August and start again in September. Second by Karen Beatty. Next meeting April 26, 2007. 4-26-07: Committee voted on not meeting until they have a budget in October 2006 for FY 07- 08, 5-16-07: Next Haldeman Creek MSTU Meeting is scheduled for October 25,20074:00 PM. (H-3) ACTIVE -. Haldeman Creek Dredging Project 4-26-07: Committee met and Margarette Bishop updated committee: The final report will be after June 1, 2007 when the project is finished, Margaret Bishop was requested to provide Committee the locations where the dredging did not meet the five feet below low mean water, (H-I) COMPLETE - Committee yote for millage rate 3-29-07: Committee approved .1 mills that would generate $9,090 per fiscal year, 1 16J 1 B <X ';~~ ZOfJ7 Certification of Final Taxable Value purguantto 5. 200.065 (1),(5). ES. To HA.!.DE:~IMl eRR i"lAINT!i:>REW::; (Name of Taxing AUlhority) ;, DR-422 R,01/03 SEC110N I ',_,_OJ. ~liSTU 1'37 Year o Sehool Dlndap@ndent S ecial Dist. o Multi.CountylWa.t~r Management o DQlJendgnt 0 MunicIpal SEtrvics S ~clal Oi!;t. Taxin Unit STU (County) CO.L.I...ZE'R .',)')1 C'J, 'I (.) :':i't '~J I c::J[] COl.lnfy 0 Municipality (1) Current Yeer Gross Taxeble Velu. (2) Final Current V",ar Gross Taxable Value (3) Percentage of Change in Taxable Value (From Line 4. Form DR-420) (From applicable Form DR.403 Series [(Line 2 divided by Line n. 1l X 100 $ $ ZSl,~ OZS.y6.,3.t ..',C, , "''''-'-, .,,,... \ "'1 'I Yo! I ~\..!J~>\.L! ! ~,' 41~ 7li'- % I do herEby certify the value:s shaw herein to be correct to ttie be:5t of my k~adgg and belief~~SS my h. B'2,d and official signature at N,~FUIS _ Rorida, --C.,tf;7~ - ~/l~"<'f'f ('(. 0'=T\/BFl! S.' .i;J007 sig:natur8 of Property Appraigl;!r/Date ~f Certification Notl~e; TI'Iis ~OJ1lpI8t@d form must be r@lurned to tM Property Appraiser nO Iat@rthan: .:"INAL VALUE IS SUE.TEeT' TO ~: oo~.~m. OCT09-ELlSL ,20 07 CHP:.NGE nUE TO THE: 'lA!..~.fE All')<JS11'lEliT 30 ".i1.r, HEA!GNGS FAILURE TO DO SO COULD CAUSE LOSS OF REVENUE TO YOUR TAXING AUTHORITY. . ill '~'I!t,:~'" ;":G"~ t~::l"'~ .:..j:~g.;iN!'~11.'(i.. 'A;;~~..~":'f.l~",a.tt~::iin2'j;:;[y;:r;!.:~'f.':I'j1j~ml""f "~~ ~~~"jIi ~t~,' ~ MILLAGE RATE ADOPTED BY RESOLUTION OR ORDINANCE AT FINAL BUDGETHEARING PURSUANT TO S. 200,065(2)(dl, FS. SECTION II' . (4) VOTED DEBT Service Millage (4a) OTHER VOTED Millage (In E,ce.. of the Millage Cap and not to E,~.ed Two Years) [5) NON-VOTED Operating Millage Rate (From Resolution or Ordinance) A, PRINCIPAL TAXING AUTHORITY (County, Municipaiity_ or Indepenoent Special DIGtrict") 8. Dependent Special District" $ $ oe~Q pet $1.000 $ ~er $1,000 $ per $1,000 C. Municipal Servic@ Taxing Unit (MSTU)* Name $_0./000 pe, $1 ,000 Name Required Local Effort $ per $1 ,000 Discretionary $ per $1 ,000 < Cap~al Outiay $ per S, ,<JOO Additional $ pe' $1.000 DISTRICT LEVY $ per $, ,000 Basin $ per $1.600 D, SCHOOL DISTRICT: E_ WATER MANAGEMENT DISTRICT: (6) Unadjusted Gro~5 Ad Valorem Proceeds lLine 1 X Line 5 lA, D. or E, AG Applicable) divided by 1000) (7) Adjusted Millage Rate (Only If Line 3 is GreatlO'r tha.n =t: 1"%,)_ (Line 6 diVided by Un. 2) X 1000 $ $ a'di!is1:lh.';:;l;"'\\icil@~ffiiijii'~'~/'i~,<Jk1NWiJlaR~;~i{e"ilW6'~f"h(;wil\,ii:fi~@f~'~i~;f.']lih~'~':1%{"ijF~\j\~i;\.'Id;~'~ti~Ng5'~1,~gl~!:f~ii~hW,t!1r'~:i ;,:,..,:,;,,",,~;~,;,,~,;..,,: ~;::"Q..",~.) "I"'I:::,!'O:::~;"'~,' 'CC,. ":':'~,;"',1 :,'c,':'. ~'. ''-.'' "~"! ,,'~, ;".,.,~,,~,; :'-';:!,' ''-..~i;: .:;., .'.i ;:- :::,""",: "'. ;: :!, :::"" '::. .~ "-.,,,,;,. . ",,':' . ,.,":' :'," ' r.:.'.:,',:,I/'~': '~I\' :: ,;,:/- e", "!'::':".' 'I':"r;',;', ",', ~;:":,,~:' ,,:;;>;.;>:J !,~" '.ri~,:,'~:V:;:';'.' ::,,/.,'~;Yj.':i'::',~.:':!!;'i~!,(, (8) Unadjuste.=d GrQS~ JI.d Valr"Hem PrOCggd5 I:Un,::! 1 X Line 5 (8 .'Jr C, /J.5 Applir::aDte) divldgd by 1000} (9) .a..djust~d Millagr:' ?ate (Only if Line -3 is Great~r than ;t 20/0)_ (Lir;s 8 :Jivirjgrj by Un9 2} X 1CGD $ " i , \ do herEby :e,rtity tr,e rr,iIi3~~ :~:w.!: be ::lrrs:::t tlJ ~h~ l':o'st.,:,j my i:nov:l~a.~e srd b<;,I!~f. Witn~r,s ;T,V r,.:1nj and offi::~1 3igrlatur~ at ~;:c,~=;-;~'~:~:T'::;:~2:'T~-~ CIO:j~_:~'~:O"'~:~~;':'k'::)' oj -_=~ o,'-,~,~:~:~~:, 20_~ ',,~ ;'.?~<:E::-:.. c:- -,---.'''; 7'~.'" :iJ, -,F" " .,_'U . - _ :~-J ''",;',<:: --", ;/ ~ --------.-------- " ..-' ,'::,"'.:':.:":: '-.' ._ .j':; _'_ ..,_"1 161 z. ~ 1.1.I 1.I.It- == ~= z.N ~. ~;;;) 1.1.I1- =r;Ij ....I~ ~ = 1B3 ~ :; ~' ~ ~ ~. e., ~ ~ , ~ ~ 16 1 B'3 REPORT ON TAXABLE VALUE: (figures compiled by ATM Project Manager Darryl Richard utilizing County GIS data: not certified by Property Appraiser Office) VALUES ADDED FROM DATA FILE: Publish,main,PARCELS_JOIN_CONDO: NAPLES SANDPIPER BAY CLUB; OZL YN GARDEN VILLAS; 389360005 (Taxable value at $5,059,568) 81780360005 (Taxable value at $2,009,680) VALUES ADDED MANUALLY FROM PROPERTY APPRAISER WEBPAGE: PORT NELL VILLAS CONDOMINIUM; 68240480008 Namel Pallonl Piguschl Comerfordl Ermil Haynesl Belli Custerl Rogersl Hawnl Poull Minkovichl Walkeri Total 81780480008; BEG 68240000006-END Folio Number 68240040008 68240080000 68240120009 68240160001 68240200000 68240240002 68240280004 68240320003 68240360005 68240400004 68240440006 68240480008 Taxable Value $169,97000 $30,54600 $30,45600 $144,97000 $46,631.00 $30,546.00 $219,970.00 $219,970.00 $219,970.00 $98,304.00 $35,64900 $169,970.00 $1,416,952,00 1111111111I11I11I11I111111111111I11I11I111I11I11I11I11I111I11I111I111I11111111I1111I11I1111I11I11I11I11I111111I1111111111I1111111111I111I1111I11I11I111I11I 111I1111I111I11I11I11I111I111111I1111I11I1111I11I11I ADJUSTED TAXABLE VALUE (Total Taxable Value - Haldeman Creek MSTU Previous Value: $98,438,620 (10/19/07 data from non-condo properties-from data file: Publish.main.PARCELSjoin) plus missing values) $98,438,620.00 Non-Condo Property Taxable Values + $1,416,952,00 Port Nell (Condo Property) + $5,059,568,00 NAPLES SANDPIPER BAY CLUB (Condo Property) + $2.009.680,00 OZL YN GARDEN VILLAS (Condo Property) $106,924,820,00 Adjusted Value - Haldeman Creek MSTU ::J I- U'J..,. ::ECD .... ;0 i~ :5!LL. ra :I: "" Q Q N .Q N ... CIl .c o - u o " '; D.. ftj " - u <("'''' 16 IB~ .. 00 E c: ~ 0 <C,-oo co c: 00 o '(; ~ 0 ;::: E N N~ o Ql >O:::Wtlt "- .. o '" 0.: E ';;: t::SS 8. - ~ o ~ (J) Ql E '" Z ~ ~ " c~:ii! Ql".... >"'0 ::;;.... 000000000000000 000000000000000 ~ 0001'00000000001' - 000 OOQOOOOooo ~1i"""_"""_1.O _~~C'1..0_C!.""""""N............ =01.01.0 ~~N~V~ NNN =~C'\I~ ...... or"" <( ~ER-ER-""69-ER-""ER-""fA-ER-M-ER-69-'" .. l! I I I I '" I . , , I I I I 'iii! .a:s u c <( Ql .. WER-ER-ER-....WW....W....WER-ER-ER-W* J!l c:: I I I I Ql E - 'E E o OER-ER-ER-.,.tA-tI7~w.,..ER-fR- 00 00 6ci 00 00 NN , , g "i N , . "''''... 00000 00000 " oocisio -!';~~~CI~ Ei-g~~ ~~ III ~ <( 00000000 00000000 00000000 00000000 MOO...........('\I............ c::i -.:i-.i" NC'\I~ ER-ER-W....WftttA-ER-ER-ER-ER-ER-ER-ER-.. W W (J) g; 0:: ...J Cl x~ ;iowa 0::0 ~ <( =>wcnu 0..<.) t- ....;:: ....ZZ~ a.u....z ::;;u>wu:5wz <(....1/)0 ~::)W:::l<(...J~::> (J)(J)Zu oa::o::zg:ww~ zzoo:: ...Jlii....~ZuCl::I/)~~u12 :g:wf3wo~1!:offif-f-ffiwff3 ::) a::U""....f-LLf-f-LL>> ~Z*-lO::O::<((J)I/)WWl/)o::a::-l w"'<(WWa::zzClClzww<( O::>Cl....I IW<(<(ClCl<((J)I/).... ::>WWOf-f-D..o::a::::>::>a::wwo ua::z....OOOf-....alalf-o::a::.... ....Nf")..&t)fD....COcn~::~::!:!~ AdviSory Board Application 16 I 1 8'0 Page 1 of2 fIl80"_8 From: brucepreble@aol.com Sent: Monday, October 01,20079:59 AM e: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 10/112007 9:59:07 AM. Name: !Bruce S, Prebl~ Home Phone: 1239-537-529~ Home Address: \4703 LiRhthouse Lan~ City: lNaple~ Zip Code: lE!TIJ e Phone Numbers Fax: t239-263-414~ Business: 1239-261-47441 e-Mail Address:~rucepreble(aJ)lOl.coml Work Place: \Welsh Companies Florida Inc~ How 10nK have you lived in Collier County: [ill Have you ever been convicted of any offense aKainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: /Haldeman Creek Maintenance DredRi.n2 Advisory Committee! Category: !Not indicated! Do you currently hold public offtice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Education: IBs Enllineering Physics - Dniv ofminois MS Nuclear Science & Emrineerinll- Carnelrie Mellon 10/1/2007 _____._..__ ",___"_",_,~""",__",,"____,,,~~,,'____'~_'." _e"'_""_~'''''''''''_~''_''''_---''''''''_~''_'''''_"__ ~~~'~"--'----'-- .,.,"--.".,_."~_...-._.-.'-' AdviSory Board Application IMsA :: Kaplan-School, Univ ofPitts~h 161 pla~ I . Ex erienee: CIM _ Certified Commercial Investment Member of National Associationa of Realtors Licen lorida Real Estate Broker Owner/operator Gallery on Fifth (Fifth Ave South in Naples and temational Desi Center in Estero . . 10/I/2007 ..'.',," .~".~_._",_,,,,__~_,",_.,__,_,,,_,_,~__,,""~'__''''I'''''""'._..__..._""__._~..~c"~.__,,. ......_ .. .",^~._m.'_'" --,~"",----,---,,--",--,_.,...,.-"._..,-,---_.,- / RECEIVED 16 I 1 Bq v> OCT 0 6 2008 June 26, 2008 8naw of County Commissioners MINUTES OF THE MEETING OF THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARflala Halas HX Henning '1 Naples, Florida, June 26, 2008 Coyle i1 Coletta LET IT BE REMEMBERED, that the Collier County Hispanic Affairs Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:00 PM in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Center, Naples, Florida with the following members present: Chairman: Vice Chairman: James Van Fleet David Correa (Excused) Raymond Cabral (Absent) Renato F, Fernandez (Excused) Manuel Gonzalez Valaree D, Maxwell (Excused) Cosme Perez Ernesto Velasquez Luis Alejandro Bernal ALSO PRESENT: Mike Sheffield, County Manager's Office Misc. Corres Date l D dB Item # J.leJ/ I 1 r.. 16\ lBq June 26, 2008 I. Introduction A. Call to OrderIWelcome - James Van Fleet, Chairman A Quorum was not established. A Presentation was given by Maria Victoria Delgado, PhD, Executive Director on the Substance Abuse Coalition of Collier County. The following was reviewed (See attached): ~ The Coalition will work within 12 sectors of the community to include Medical, Judicial, Law Enforcement, Mental Health Organization, Social Services, and Youth groups ~ The Coalition purpose is to locate and distribute funds ~ Utilization of available funds to focus on schools with the highest drug and alcohol problem ~ Noted that youths have access to drugs faster than "ordering pizza" ~ Reported 35% - 50% of students in Collier County have encountered alcohol and marijuana ~ "Operation Medicine Cabinet" conducted by the Sherriff's Department consists of the disposal of prescription drugs that are easily accessible from home 6: 20 PM Cosme Perez arrived Discussions ensued, It was questioned how the Coalition is educating parents and teachers on the negative effects of drug usage. Maria Delgado replied that a renowned guest speaker conducted 3 sessions on the dangers and effects on the adolescent brain. Additionally a booth at the Health Fair for "Operation Medicine Cabinet" spoke with more than 350 people. She noted the need for Community Partners 10 assist in educating parents and the community. It was questioned how the HAAB can assist. Maria Delgado suggested circulating a method of prevention through organizations or affiliations. Additionally funds are needed. The meeting was officially called to order at 6:52 PM by Chairman James Van Fleet. A quorum was established. B. Approval of the May 22, 2008 HAAB Meeting Minutes Ernesto Velasquez moved to approve the Minutes of May 22, 2008 as submitted. Second by Manuel Gonzalez. Motion carried unanimously 5-0. II. Old Business A. Education Report - Jim Van Fleet reviewed his summation for School District Employment and Hispanic Concerns. (See attached) 2 161 lag June 26, 2008 Discussions ensued, It was questioned ifthere is a need for more Hispanic Teachers, It was stated that teachers should have the ability to communicate effectively with parents who are non English speaking, B. Law Enforcement Report - Manny Gonzalez reported on a presentation that was given at the Training Facility which focused on crime during hardship. He noted the following incidences: . Food and gasoline theft . Car burglaries of visible personal items . Identity theft - Drivers License, Social Security card, and checks . Firearms theft III. New Business A. Presentation on the Substance Abuse Coalition of Collier County - Maria Victoria Delgado, PhD, Executive Director - Previously discussed I Ernesto Velasquez moved to approve a Memorandum of communication (be sent) to the Board of County Commissioner stating our (HAAB) awareness and worries about the drug use in the Latino and Hispanic Community and to seek venues to educate to prevent the matter. Second by Cosme Perez. Motion carried unanimously 5-0. James Van Fleet volunteered to draft the Memorandum. B. Florida Sunshine Law - The County Attorney's Office has scheduled a training session for advisory committee members - Aug 18 at 10:00 am, in the boardroom - Mike Sheffield noted attendance of the workshop would be beneficial. IV. Comments / Announcements - None Ill. Public Comments Angela Cisneros, Student -Political Science Major. Stated she is a local Community Organizer. ***** Being no further business for the good ofthe County, the meeting was adjourned by order of the Chairman at 7:15 P.M. 3 161 189 June 26, 2008 COLLIER COUNTY HISPANIC AFFAIRS ADVISORY COMMITTEE ~4< )U--/;-; d h~ James Van Fleet, diairman Of:. C U\ Cc.- cd- These Minutes approved by the Board/Committee on 9' /~S A)> as presented .-- or as amended 4 RECEIVED SEP 2 4 2008 ~~, "'. ~.'"\" .~c~ "')c-'-'>' \ .~~'. ~cf Fiala Halas Henning Coyle Coletta 1/ 1 B ~o Ro<WI (If County Commissioners AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:15 AM, WEDNESDAY, September 17, 2008 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 610, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA. NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. I. ROLL CALL/ATTENDANCE II. ADDENDA TO THE AGENDA III. APPROVAL OF THE AGENDA IV, APPROVAL OF MINUTES: July 16, 2008 V, DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT A, Nothing to report VI. OLD BUSINESS: A, Updated recommendations for the Historic Designation of the Naples Zoo, Inc, VI. NEW BUSINESS: A, Review & Recommendation of HAPB Member Applications (Lois Bolin and Richard Taylor); B, John Thompson and Thomas W. Franchino's last meeting; VII, PUBLIC COMMENTS IX. ADJOURNMENT Mise CQlRlS' Date 1 f) d1l ~mff L~IL,-_ t~ VIII. COMMITTEE ANNOUNCEMENTS ~i:I~S ~~~~UI~]6'2~881~ ~ Henning ___ .Z__ . Coyle ard of County commissioners Coletta __ Bo MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD RECE\VEO SEP 2 4 2008 Naples, Florida, July 16, 2008 LET IT BE REMEMBERED, that the Collier County Historical/Archaeological Preservation Board, in and for the County of Collier, having conducted business herein, met on this date at 9: 15 A.M. in REGULAR SESSION at the Collier County Community Development and Services Conference Room #610,2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Elizabeth Perdichizzi VICE CHAIRMAN: Thomas Franchino Sharon Kenny (Excused) John Thompson William Dempsey Patricia Huff (Excused) Craig Woodward ALSO PRESENT: Barry Williams, Director - Parks and Recreation Cheri Rollins, Zoning Dept. Jeff Wright, Assistant County Attorney Tony Ruberto, Project Manager - Parks and Recreation Melissa Zone, Principal Planner - Zoning Department Mise Carres: Date !temtJ: 16 j 1Blo July 16, 2008 I. ROLL CALL/ATTENDANCE Chairman Perdichizzi called the meeting to order at 9: 15 AM. Roll call was taken and a quorum was established. II. APPROVAL OF AGENDA There were no changes to the agenda. Ill. APPROVAL OF MINUTES: June 18,2008 The Board accepted the minutes of the June 18,2008 meeting. IV. DEPARTMENT OF ZONING & LAND DEVELOPMENT PROJECT REVIEW REPORT A. Invitation to Comment on Historic Properties Affected by Proposed Co-Locate on a Lattice Cell Tower -letter from Environmental Resource Management Melissa Zone, Principal Planner presented a letter to the Board from Jacquie Payette, Cultural Resource Specialist to Raymond V. Bellows dated June ]0,2008 requesting comments on any impacts a proposed telecommunications tower may have on historic properties within the area. It will be located on Commercial Blvd. and Exchange Ave. The Zoning Department forwarded the letter to the Board for review. She noted that the proposed tower is not located within an "area of probability." Mr. Thompson moved to direct Staff to send a memo to the applicant that the Board did not observe any historic properties within this area. Second by Mr. Woodward. Carried unanimously 5-0. V. OLD BUSINESS A. Margood Update - Barry Williams, Parks and Recreation Director An update was provided on the Goodland Harbour Park being developed by Collier County Parks and Recreation. ^ preliminary concept plan, aerial photo of the existing site and a "List of Existing Structures'> located on the property was provided to the Board. The following was noted: . The existing general store located on site (now defunct) contains some significant historical artifacts which have been catalogued and will be preserved as necessary. . There are approximately 13 buildings on site, some are proposed to remain (# 5, 6.7, and 8) and be renovated if applicable, some are proposed to be relocated (#1,2,3,4 and 9) . The property is being developed in conjunction with a Florida Community's Trust Grant. . Some of the remaining buildings may be used for educational purposes. . A kayak launch is proposed for the site which may be linked with the "Blueways" project. . A playground has already been constructed on the site. . In 2006. there was the concept of designating the site as "historic", and this was presented to the Board but the application was subsequently placed on "inactive" status (at the request of the Department of Parks and Recreation.) 2 16 I 1 R (V July 16, 200't Barry Williams stated he would review the status of this application within the Department. · Melissa Zone has provide information to the Parks and Recreation Department on the pros and cons of a "historic" designation via an e-mail A discussion ensued on the merits of a historic designation and if Parks and Recreation is still interested in pursuing this designation. Barry Williams stated he would have to review it with the Department Otlicials as well as the design professionals involved with the process. Mr. Dempsey recommended the Parks and Recreation Department return with a more detailed plan for review (before the submittal of permit applications) by the Board to gain some assurances 0 I' how the property would be treated under a "historic" designation. The Board requested Parks and Recreation submit a copy of the inventory and associated documentation of historic artifacts located on the site for their review. Mr. Woodward moved to amend the agenda to add the Naples Zoo Tree Survey item under v.c. Second by Mr. Dempsey. Carried unanimously 5-0. The Board heard item V.c., Naples Zoo Tree Survey before item V.s. B. Approval of Resolntion to adopt Board of County Commissioners (BCC) rules _ Jeff Wright, Asst. County Attorney Jeff Wright, Assistant County Attorney stated that the vote by the HAPB members at the previous meeting regarding rules and procedures for the Historical/Architectural Preservation Board was sufficient enough to go forward and operate under the Board of County Commissioner's (BCC) rules and noted this decision does not require the approval of the BCC. He submitted a copy of the BCC rules to each Board member for future reference. C. Naples Zoo Tree Survey David Tetzlaff of the Naples Zoo appeared before the Board to answer any questions on a drawing entitled "Specific Purpose Survey, A portion of lots 3-6 of Naples Improvement Company's Little Farms, Plat 2 Book 2, Page 2, Collier County Florida" dated 2/08 prepared by David J. Hyatt for the firm Wilson Miller, drawing #4G-1375. Also submitted for review was a document entitled "Historic Designation of the Naples Zoo, Inc., Exhibit A" A discussion ensued regarding the reasoning for only identifying the west half (cross- hatched portion of the map) oflot #5 as an "area of interest" on the survey, and not including the other trees identified on the eastern portion of the lot. David Tetzlaff noted that the western portion is where the main historic activity took place by those involved on the property, as the back was historically wetland. Melissa Zone noted that was the area of significance identified by the Carr Group, subsequently surveyed and mapped as an "area of interest." 3 16 I 18 {O July 16,2008 Melissa Zone recommended the language for the historic designation conditions reference the existing trees on lot 5 sho\,;l1 on the survey as opposed to only the trees in the cross-hatched area. A discussion ensued on remaining language within the document "Historic Designation of the Naples Zoo, Inc., Exhibit A." Mr. Dempsey moved that the Historic Designation conditions be revised by Staff as listed below, with Melissa circulating the revised language next week with the goal of having the matter placed on the September Consent or Summary Board of County Commissioner's Agenda. a. Condition #1, line 1 - from "The existing twenty-four (24) specimen plants and trees and the Caribbean.." to "The existing specimen plants or trees shown on lot #5 and the Caribbean.. .,. or similar language. b. Condition #1, line 4 - from "shall be maintained and labeled historic..." to "shall be maintained and if appropriate labeled historic..." c. Condition #3 - incorporate language from the original Executive Summary Recommendations for Approval regarding funding. Second by Mr. Thompson. Carried unanimously 5-0. VI. NEW BUSINESS A. Review Draft Inter-Local Agreement with Everglades City - Jeff Wright, Asst. County Attorney Jeff Wright provided examples of various inter-local agreements as well as a rough draft of the proposed inter-local agreement entitled "Inter-local Agreement for Fund Sharing: Everglades City Hall Repair" between Collier County and Everglades City. Further, he provided an example of a "Memorandum of Understanding" which could be an alternative to an inter-local agreement. He recommended that the Board members review the rough draft and other documents and provide comments or input at the next meeting. B. Florida Sunshine Law Training Course Jeff Wright, Assistant County Attorney, announced there would be a Sunshine Law Training Course at lOAM on August 18, 2008 in the Board of County Commissioners Board Room. He noted any Board members who have not previously attended this course should attend. A DVD will be available of the Seminar. VII. PUBLIC COMMENTS None VIII. COMMITTEE ANNOUNCEMENTS Mr. Thompson stated an article in the Naples daily news highlighted a cemetery located in a newly constructed commercial development on Goodlette Road that was preserved by the Board through the permit process. 4 16 I 18lo July 16,2008 Cheri Rollins circulated the new notebooks for Committee member's materials. There being no further business for the good ofthe County, the meeting was adjourned by the order of the Chair at 11:02 AM. COLLIER COUNTY HISTORICALlARCHITECTUAL PRESERVATION BOARD l'v'f) 7~~l ct. Chairman, Elizabeth Perdichizzi These Minutes were approved by the~hairman on St>p-T. n,~ as presented V" ,or as amended . 5 !'t?' 'I~~"'.."", 'f,'-~;~U :2:' f~_.".......,,'t\1. {1m&> , ~t.~,_-~ '.'. J4:.r" i;J RECEIVED OCT 0 2 2008 Fiala Halas Henning Coyle ~ Coletta r;::r- ~ 1 6 , 1 Bn Board of CO!J(\lV Commissioners IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE ~"HlI1her 21>, 211117 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - October 24, 2007 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard C. Budget Report - Mark Isackson VI. Transportation Maintenance Report VII. Report - Robert Kindelan/CLM VIII. Landscape Architects Report A. Report- Michael McGee 1. Paver options & costs VIII. Old Business IX. New Business X. Public Comment XI. Adjournment The next regularly scheduled meeting is December 2~~ At the Immokalee Community Park 321 First Street South, Immokalee, FLDate: Item#: Cop!es to" f 1 Bq / ~~?1,,~ ';,~~U .,~# ';-:::~.- f~~"'''1 {/~.o.\> .1 ~r:\'ti?',,~:;Jl.~ ~l."'" ~ ~ 'ff '~ ~ ;J ~,~, ...-.& RECEIVED OCT 0 2 2008 Fiala Halas Henning J Coyle Coletta Board of County Commissioners [MMOKALEE BEAIJT[FICA T[ON M.S.T.U. ADVISORY COMMITTEE Fehruary 27, 200S AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - January 23, 2008 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard C. Budget Report - Mark Isackson VI. Transportation Maintenance Report - Robert Kindelan VIII. Landscape Architects Report A. Maintenance Report- Michael McGee B. Paver options & costs VIII. Old Business IX. New Business X. Public Comment XI. Adjournment The next regularly scheduled meeting is March 26. 20084:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee. FL M C isc. orres: Date: Item': Copies to 161 1-.'.0. ;~~~ ~:...~ '.::,. ,;,~~...~ CI ';;2:~~ J~~~.....~'t'i, ~l//'" 'j ~:1r~,,\\~ ....... ", ';'~".'.I, ,," ~ 'cjt~' .~ ;}'.,r:.~ ~ IMMOKAI~EE BEAlJTIFICATION M.S.T.1J. ADVISORY COMMITTEE April 23. 200!! AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - March 26, 2008 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VI. Transportation Maintenance Report - ClM VIII. landscape Architects Report A. Maintenance Report- Michael McGee B. Paver options & costs VIII. Old Business IX. New Business X. Public Comment XI. Adjournment The next regularly scheduled meeting is May 28, 20084:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee, FL 18\\ 161 ~;,,, \~~.~" '~I:jg."6 i~..;.....","~':'I, "1.*"" 'j '0r:":t~~~,~;Ji .. ~'!4_ .;;.)>; 'j"'~~~ ~ IMMOKALEE BEAUTIFICATION M.S.T.lJ. ADVISORY COMMITTEE 1>lay 2N, 200N AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - March 26, 2008 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VI. Transportation Maintenance Report - CLM VIII. Landscape Architects Report A. Maintenance Report- Michael McGee B. Paver options & costs VIII. Old Business IX. New Business X. Public Comment XI. Adjournment The next regularly scheduled meeting is June 25. 20084:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee, FL 18 IJ 161 181\ ".,n ~,~, ....... ~~::~'c# ;~.~.~ ,.;~p;;-'''''''''''''''I 1;:/:};1"" I '( ,,,.;<' . Ii', JlI/""""'~,-~" It'.' ,~;;> t,_ ..,. i' ~ IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE .June 25, 200S AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - May 28, 2008 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VI. Transportation Maintenance Report - ClM VIII. landscape Architects Report A. Maintenance Report- Michael McGee B. Paver options & costs IX. Old Business X. New Business XI. Public Comment XII. Adjournment The next regularly scheduled meeting is TBD 4:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee, Fl >" ,n :t." :::::....~ '~" ,'.:;-~~-:-: " ;;E;::-~ i~. ;::::;...........'.'\1. ~.?pf"- ~ J4 0,"",,;J. . .~':-. --""~ Fiala Halas Henning Coyle Coletta 16' , ! TMMOKALFF BFAnTIFICATION M.S.T.lT. AOVISORY COMMITTF,F, St'lltemhu H. 21lllS AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - August 27,2008 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VI. Transportation Maintenance Report - CLM VIII. Landscape Architects Report A. Maintenance Report- Michael McGee B. Phase II B. Project VIII. Old Business IX. New Business A. Roberts Rules of Order Presentation - Sue Chapin/Mancan X. Public Comment XI. Adjournment The next regularly scheduled meeting is October 22, 20084:30 p.m. At the Immokalee Community Park 321 First Street South. Immokalee. FL J~J/~ED OCT 0 1 2008 Board f o County C ' ommJSsioners . .:...,.. t"'.off8I: ~...\.~ Item I: Copies Ill: 1\1?J. :\~~ ~~.,~ {c~~CI ':~::, t~~~""""'''1 ~Ij./;!", ; 0;~",?,~, ';lt~ 'i".1Jo"" ..~ '} 4..~, J ~ RECEIVED OCT 0 2 2008 Fiala Halas Henning Coyle Coletta Board of COUfl!V Con~rni5sioner5 J IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE October 24, 2007 Minutes I. The meeting was called to order at 4:38 P. M. by Rita Avalos. II. Attendance Members: Rita Avalos, William Deyo, Dorcas Howard, Cherryle Thomas, Andrea Halman County: Darryl Richard - Project Manger, Tessie Sillery - Operations Coordinator, Weldon Walker - Code Enforcement, Carol Sykora - Code Enforcement, Jonathon Musse - Code Enforcement Others: Mike McGee - McGee & Associates, Robert Kindelan - ClM Darlene Lafferty -Mancan III. Approval of Agenda Add: V. C. Code Enforcement D. Proposal for Consulting Services FYOB McGee & Associates. Andrea Halman arrived 4:40 P.M. Cherry Ie Thomas moved to approve the Agenda as amended. Second by Dorcas Howard. Motion carried unanimously 4-0. William Deyo arrived 4:41 P.M. IV. Approval of Minutes - June 27, 2007 Cherry Ie Thomas moved to approve the Minutes of June 27, 2007. Second by William Deyo. Motion carried unanimously 5-0. V. Transportation Services Report A. Budget - Caroline Soto, Tessie Sillery distributed & reviewed . P.O.s opened for new Fiscal year $51,561.21 . Available Revenue $1,207,506.34 . P.O. paid for 3 replacement benches $2971.75 Misc. COII'es: B. Project Manager Report - Darryl Richard distributed ~ r'iui~"Qd Item #: I IHrr Copies to: I 161 1B 11 Phase IV Lighting Project: . Plans are being reviewed by FOOT . FOOT plan review deadline is 30 days, effective October 11, 2007 . Construction would begin after April 15, 2007 due to lane closure restrictions . Staff will proceed with items that do not require lane closures Darryl Richard reported the County Attorney recommendation was for the Committee Members & public residents of Immokalee to present the petition to the BCC for the Boundary Expansion Proposal. Stated the Boundary Expansion included the public park, noted that pathway access & lighting were needed for public safety. Discussions ensued referencing the mandated State Tax Legislation. It was requested that Mark Isackson attend the November 28, 2007 meeting. The recommendation was made to create a Working Group & appoint a leader from the Committee to organize & facilitate Community involvement before attending the BCC meeting. Cherryle Thomas volunteered for the Working Group to coordinate Community involvement & would attend the BCC meeting. William Deyo volunteered to attend the BCC meeting. Rita A valos moved to create or establish a Work Group to collect Community input as well as directing Darryl Richard contact Traffic Operations & Transportation department. Second by Cherry/e Thomas. Rita Avalos moved to amend the motion to include "and to organize a presentation to the BCC. " Second by Cherryle Thomas. Motion carried unanimously 5-0. C. Code Enforcement - Carol Sykora - Immokalee based Field Supervisor introduced Weldon Walker & Jonathon Musse. D. FY08 proposal for McGee consulting services - Darryl Richard distributed & reviewed FY08 Consulting Services proposal in the amount of $8,500 from McGee & Associates. Mike McGee noted the proposal is consistent with previous years & would be billed on a monthly basis as services are provided. Dorcas Howard moved to approve the proposal to continue with Mike McGee's Maintenance services. Second by William Deyo. Motion carried unanimously 5-0. VI. Transportation Maintenance Report - None 2 VII. 161 1811 Report - Robert Kindelan/CLM reported mulching would be completed by the 3rt! week of November. Inquired of a deadline for the switch to the Christmas banners. Cherryle Thomas responded the change of banners must occur before the week of November 15, 2007 due to upcoming festivities. VIII. Landscape Architects Report A. Report - Michael McGee 1. Paver options & cost - reviewed a drawing of a revised Paver design. Recommendation was made to use pavers for median on 1st - 9th in lieu of chronic replanting of median landscaping. It was requested that Mike McGee submit a quote at the November 28, 2007 meeting. IX. Old Business - None X. New Business - Rita Avalos announced her resignation from the Committee due to scheduling conflicts. She thanked the Committee for the opportunity to serve. XI. Public Comment - None XII. There being no further business to come before the Committee, the meeting was adjourned at 6:07 P.M. Immokalee Beautification MSTU Advisory Committee a dc".uif r.:~::t::...~~ ~ These minutes approved by the Committee on ':,,' -<J'1 '07 as presented ,-1 or amended The next regularly scheduled meeting is November 28, 2007 4:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee, FL 3 161 I 1 B IJ / IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE November 28. 2007 Minutes I. Meeting was not held due to lack of a quorum. II. Attendance Members: William Deyo (Excused), Cherryle Thomas (Excused), Andrea Halman (Excused), Dorcas Howard (Excused) County: Darryl Richards - Project Manger Other: Darlene Lafferty - Mancan The next regularly scheduled meeting is December 26, 20074:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee, FL lP' 'I~ ~"i~~ ,~,'~-;~:u ,:>>":.:: ;~.;'k~"'\'""I. ~/f~.f'.. . j~ r;f.Yl,\ ,,;>.:.~;-. ... t . "f>:f,--.." >... ~ '41ilM.' .~ .)._~~ ~ RECEIVED OCT 0 2 2008 Fiala Halas Henning Coyle Coletta lBll t/' Board of County Commis,sioners ~ IMMOKALEE BEA1JTIFICATION M.S.T.U. ADVISORY COMMITTEE January 23, 2008 Minutes I. The meeting was called to order at 4:33 P. M. by Cherryle Thomas. II. Attendance Members: William Deyo, Dorcas Howard, Cherryle Thomas, Andrea Halman County: Tessie Sillery - Operations Coordinator, Caroline Soto - Budget Analyst Others: Mike McGee - McGee & Associates, Robert Kindelan - CLM Darlene Lafferty -Mancan, Penny Phillippi - Immokalee CRA III. Approval of Agenda Dorcas Howard nominated Cherryle Thomas for Chairman. Nominations are closed & Cherryle Thomas is the Chairman. Andrea Halman moved to approve the Agenda. Second by Dorcas Howard. Motion carried unanimously 3-0. IV. Approval of Minutes - October 24, 2007 It was questioned if a Representative from Code Enforcement would be attending the meetings. Dorcas Howard moved to approve the Minutes of October 24, 2007. Second by Andrea Halman. Motion carried unanimously 3-0. V. Transportation Services Report A. Budget - Caroline Soto - Discussed V. B. B. Project Manager Report - distributed and reviewed. (See attached) Mike McGee reported on Phase IV Lighting Project: . Additional comments were received from Traffic Operations - Corrected . Plans are ready for FOOT approval Misc. Corres: Tessie Sillery stated the Project schedule indicates the PJen~ should be presented to Board of County Commissioners for appr~ on March 11, 2008 IllIm t: Copies to: 161 181/ Cherryle Thomas questioned if the request to include other Agencies to aid in the expansion of Boundaries was included in Phase IV. Noted the expansion may facilitate the increase of lighting for the district Mike McGee responded Phase IV for 9th St to New Market involved: Y Street lighting renovation y Landscape & Irrigation along the corridor Tessie Sillery distributed & reviewed the Advisory Committee/Board Four-Year Review. (See attached) Caroline Soto - Budget distributed & reviewed. (See attached) ~ Budgeted Operating Expense $136,577.30 ~ Available Operating Expense $54,302.93 ~ Available Improvements General $1,086,300.00 The P.O. for Insurance General was questioned. Caroline Soto responded it was paid for Hurricane damage. C. Budget Report - Mark Isakson - Attendance will be requested for the February 27, 2008 meeting. VI. Transportation Maintenance Report - Robert Kindelan reported: . Mandatory watering restriction in effect -1 day per week i. State Route 29 & Main (the Landscaped portion) - Restriction not applicable due underground irrigation . Bougainvillea damaged by cold front . Fertilization complete . Christmas banners will be removed 1-24-08 Cherryle Thomas reported the median (by the Casino) 2 pop-ups were watering steadily for 2 consecutive days. It was determined the Bougainvillea damage was caused by water. VII. Report - Robert Kindelan/CLM - Previously discussed VI. VIII. Landscape Architects Report A. Report - Michael McGee reported: o Backflow leak on Main St. o Median (East of backflow presenter) 2nd flooding incident - Requi(~s repair o Recommended removal of Crown of Thorns (at the triangle) o Recommended removal of Palm (First St.) - infected with gamma derma A complaint was noted that the inlaid brick pavers at 1st & Main are missing domes & is a problem for wheelchair access. 2 16t 1811 The recommendation was made to report the ADA issue to Transportation. Cherryle Thomas introduced Penny Phillippi - CRA. Penny Phillippi - CRA Executive Director of Marketing. She announced the CRA Master Plan goal is a "Mexican Plaza" theme for the downtown area of Immokalee in hopes of job creation for the sizable labor force. She noted the CRA would like to work as a partnership with Immokalee MSTU. 1. Paver options & cost - None IX. Old Business - None X. New Business - None XI. Public Comment - None 5:17 p.m. Bill Deyo arrived XII. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:18 P.M. 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'lll!:' Dl - _. c: a.!!!, !" <0 -.J ~ ~ ~ ~ mo '" <110 Ul <00 OINO o <00 -.J Ul o -:::J -J t:.)~ ~ CIII~U1mo oeo '" wcneooww eo01U1......'" :.. <.u -OJ ~ ~ -,l:l. w '"m --J Co <0 0 OO~-JO-Jcoeoow......~ CbO~......Oeocn010~<.J1W ~oowow(o:.O<o~~ ~o-=o8wm~8eow~ 0 0 3 3 ::;: 3 CD '" Ii m .. CD )> '" n c.. s:: a.- _. c: DI s:: -Dl c: - :::s , 0 CD c: "11 '" DI c: ~ ~ Z C r )> N m -I~ ~ ~ m o -. en ;ii N N s:: -cr 0 fn iD 0 CCl -l c: 161 18ll ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2008 ADVISORY COMMITTEE: I Immokalee Beautification MSTU IA. lB. Ie. I D. IE. IF. IG: IH. CHAIRMAN: I Acting - Cherryl Thomas STAFF LIAISON: I Darryl Richard & Tessie Sillery STAFF AGENCY: I County Manager's Office AUTHORITY: I Ordinance No: 92-40 LAST BCC REVIEW DATE: I. SUMMARY: I The committee is composed of 5 persons with two BCC Staff members serving as liaison capacity. Regular meeting held the 4th Wednesday of each month. 1-1 Is the CommitteelBoard serving the purpose for which it was created? The ImmokaIee Beautification MSTU responds to community needs, which is the direct purpose for which the committee was created. Page 1 of3 161 lOr! 1-2 Is the CommitteelBoard adequately serving current community needs? Our committee responds to our community requests & advisement. We identify problems with county staff, proceed to ramify the problems or complete the implementation. 1-3 List the major accomplishments of the Committee for the preceding 12-month oeriod. . Signage Refurbishment and Replacement; . Refurbishment Project-Hwy 29 Med. I st Immokalee MSTU: Paver Installation Project (Hwy 29)to Street to 9th Street - Landscape & Irrigation Renovation Project includes Bulbout Refurbishment Project. 1-4 Are there any other committee's or agencies (either public or private) serving, or would better serve the purpose for which the Committee was created? There are committee (s) formed in the Immokalee, such as the Immokalee Master Plan whose goals & objectives are to enhance the lighting beautification focus. 1-5 Should the ordinance creating the CommitteelBoard be amended to allow the Committee to more adequately serve the purpose for which it was created? Yes, Immokalee would like to increase its taxing district to include new community growth & developing in our area. 1-6 Should the membershio reouirements be modified? No. Page 2 of3 161 1811 1-7 What is the cost, both direct and indirect, of maintaining the Committee? There are no direct costs to maintaining the committee. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: None K: STAFF COMMENTS: Page 3 of3 16 January 23. 2008 Prepared by: Darryl Richard. Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Immokalee MSTU Project Status (lMM- t5) - At: liVE - Darryl & [essie: Immokalee MSTU - 4 year Review Report Every four years on a rotating schedule, in accordance with Ordinance 2001-55, the advisory boards and committees of the Board of County Commissioners are up for review. 12-20-07: Requested Acting Chairman for input on the report. 01-07-08: Reminded Acting Chairman of deadline - January 11th. 2008. 1-23-08: BCC Date is 3-25-08 for chairman and/or designee to speak in front of BCe. (tMM-t I) - ACTIVE-ONGOING -(POC: Tessie Sillery) - Roadway Maintenance: BID #06-4008-- expires: 9-12-10 "Immokalee Beautification M.S.T.U. IM.S.T.D. Roadway Grounds Maintenance"; Commerical Land Maintenance Contract 9-12-06: BCC Approval of Contract 10-04-06: Notice to Proceed 10-12-7: New Fiscal Year 07-08 - Notice to Proceed. (IMM-5) -AC II V ~ -(FDOT JPA Grant) (POC: Darryl) - (FDOT Funding commitment: $300,00) SCHEDULE: Immokalee MSTU: Phase IV - Lighting Project (IPA Funding) (Hwy 29) Immokalee MSTU: Phase IV - Lighting Project (JPA Funding) (Hwy 29) FYI: PHASE Start - End Date 100% Plan Submittal Revised 100% submittal- McGee FOOT Reciept of revised sheets FOOT Review 21 DAY BIDDING BID DUE BCC APPR NTP CONST 120 DAY CONST CONST -COMPLETE 9/7/2007 9/21/2007 10/11/2007 12/14/07-1/13/08 1/28/08-2118/2008 2/18/2008 3/11/2008 4/22/2008 4/22/2008-8/20/2008 8/20/2008 UNDER DESIGN 100% COMPLETE-LIGHTtNG-Immokatee Beatification Phase IV - Design (Consultant: Mike McGee)- Design Phase - 30% Completion; McGee & Assoc. Work Order for $76.944.02 issued NTP Design on 3/25/05. McGee 60% ptans are to be reviewed by Staff and Set up FDOT pre-app meeting with Lisa in ROW. Note: LISA TUCKER TO SET FDOT PRE-APPLlCA TtON MEETING DATE. MCGEE TO FILL OUT FDOT 1 1811 IIf I!OVI/S fOr 3.11- ~ 16/ 1B)[ FORM FROM LISA TUCKER. On Jan. 24, 2006 there is a meeting with McGee and Sub-Consultant to review plans for FOOT Pre-Application. 4-17 -06 McGee to re-submit plans with corrected project number for review. 5-t-06; McGee & Assoc. is non-responsive in providing requested 60% plans 5-30-06 McGee & Assoc. submitted 60% 6-5-0660% Plans submitted to Staff and FOOT for review. Review Pending. 6-t2-06: 60% plans under review by FOOT. 6-27-06: 60% plans under review by FOOT 7-18-06: 60% plans under review by FOOT 8-t6-06: 60% plans under review by FOOT 8-22-06: 60% plans under review by FOOT 8-31-05: Email sent to Karen Miracolla for status of60% review. 9-25-06: PBS&J request information from McGee & Associates for project. 10-18-06: Requestto proceed with 100% plans submitted to FOOT 11-8-06: ~irection to McGee & Associates to proceed to 100% Orawing Submittal. 1-17-07: Waiting on plans from McGee - tOO% plans are due into FOOT for this project 3-28-07: 100% plans delivered to FOOT for review. Approval is pending. 4-20-07 - revised schedule below 5-14-07: Still waiting on FOOT. 5-23-07: Still waiting on FOOT 6-1 t -07: FOOT has replied with comments - LA reviewing comments 7-23-07: McGee - pending Engineer - to answer photometric lighting comments from FOOT made. 8-22-07: McGee - waiting for comments and revised plans. 9-07-07: McGee submitted plans today. And plans will be submitted for FOOT review 9-11-07! 9-2 t -07: Updated ptans from McGee - re- submittal to FOOT on 9-25-07' 10-24-07: Peoding FOOT response 11-06-07: Pending FOOT response 12- 10-07: McGee Plans re-submitting to FOOT. 1-7-08: McGee revising plans as per FOOT comments - 100% plans pending. t -22-08: McGee completed 100% ptans - to be forwarded to FOOT (min. 30days) (IMM-3) ACTI V E - (POC: Oarryl) Immokalee MSTU expanding their boundaries- SCHEDULE: Immokalee MSTU: Boundary Expansion Proposal Immokalee MSTU: Boundary Expansion Proposal PHASE Start - End Date Approval of Mailing-Due 6/1/2007 Language Conversion 7/1/2007-7/15/2007 Mailing 7/15/2007-8/1/2007 (recommendation by County Attny. For BCC petition) BeC Approval Pendin~ Advisory Committee petition to BCC PendlIl9Worklng Group~l~ri ...ga~.jlJ(1) WIllCheQC D.te, and (2) WhO __lid 5-15-06-RLS sent to Scott Teach - to answer committee questions on expanding boundaries and procedure of expanding. 5-30-06 - in recent emails Scott Teach advises 50+ petitions to go before the board. 6-12-06: Committee to petition citizens for proposed change. - Staff has maps complete. 6-27-06; Confirmed with Scott Teach - yes 50%+ 1 required. 7-18-06: Committee on 8-16-06 with Scott teach evaluation on proposal- committee is required to provide 50% + 1 petition - prior to proceeding with expansion of boundaries. 8-7-06: Kevin Lilly to provide assessed values and Oan Regan is to provide survey data for delineation. Scott Teach is working on sample petition. 2 16/ IBn 8-t6-06: Sample Petition Complete, Mapping Complete. County Attomey review and recommendation pending. 8-t6-06: Due to No Quonun Committee Action not taken. Committee action required to approve petition and approval of funding for maiting of petition to residents. 9-20-06: Committee approved Sample Petition and Boundary Expansion and payment for mailing. Mailing is to have Spanish and Creole language. 10-30-06: Final Petition. Boundary. and List of Names/Properties sent to Scott Teach for review and approval. Required tetter to residents is still pending. Committee Chairman Action required. 12-04-06: Review by committee chairman Rita A vilas pending 1-17-07: Rita to review and come back with comments at next meeting. Staff requires Committee approval for draft letter to residents prior to mailing. 1-24-07: Draft Letter distributed to committee to review and respond to item. 4-10-07: Revised letter as 00-28-07 Committee recommendations sent to Committee Chair for review/approval. 4-20-07: Schedule will be revised after 4-26-07 meeting: 5-14-07: Pending approval from chairman 5-23-07: Requires Chairman /Committee approval.- committee approved letter in 3 languages 6-11-07: Requested for estimate for mailout - mancan 6-25-07: Scott Teach - Reviewing letters. procedure and answering Mancan's questions. 7-10-07: Dorcas Howard is reviewing the final draft ofletters to add one-line statement for clarification regarding 'Respond by Date'. (August t5, 2007) 7-23-07: On 7-10-07 - County Attorney- Scott Teach - emailedstaff-..Yes.ltis my recommendation that you bring this to the BCC. perhaps through a member of the Advisory Committee, prior to taking any further action.... - MSTU will be meeting in September 07. 8-22-07: Committee to select member to attend BCC meeting and present before the board. 9-24-07: Committee to select member to attend BCC meeting and present before the board. 9-24-07: No Quorum Again - Only Miss Thomass was present. 10-24-07: Committee setected Cheryl Thomas to assist getting things done and speaking to community members and William to speak to bcc and introduce Danyl to speak. 11-28-07: No Quonun. 12-26-08: No meeting holiday (IMM-14)- COMPLETE - 3 Benches - Description: Quote # FL072307-1, 3 Seater, End and Divider Arms Frame: Blue Tiger Ribs: Light Grey- Model ML-F AA-3-UV- 7-27-07: Notice to Proceed (P. O. #4500082228; dated 7/16/2007) - Completion 9-26-07 8-1-07: Arrangements were made for benches to be delivered to Cat Head Quarters. 9-24-07: Re-arrangements were made and NOrix is delivering to Commercial Land office in Naples - last week of Oct. 07 10-12-07: Benches were received by CLM. (tMM-IO) - COMPI.ETE -(POC: Darryl) McGee & Associates - Refurbishment Project-Hwy 29 Med. t st lmmokalee MSTU: Paver Installation Project (Hwy 29) Street to 9th Street - Landscape & Irrigation Renovation Project includes Bulbout Refurbishment Project; 11- t 7-06: Committee approved funding for design of project by McGee & Associates 12-04-06: Pending Purchase Order with Work Order - $13,330.00 12-08-06: NTP Given to McGee & Associates - Completion Date; September 4. 2007 ) 3-28-06: Staff request copy of base plans for quotation of brick-paver installation. 4-13-07: McGee indicates actuat project cost may exceed the CLM quote of 48 K and will be more likely 105 K when project is bid out. Project Drawings pending for bid. 4-24-07: Received project plan drawings from McGee 4-26-07: Requested quotes from 3 annual contractors (BonnesslBetter Roads/Quality) and gave all three contractors McGees' plans with a deadline of 5-4-07. 5-14-07: Received quotes from 3 vendors - on 5-12th and 5-14-07. 3 16r 1811 5-23-07: Work Order BC-FT-3773-07-08 - Bonness - signature process 6-15-07: NTP -Completion date:- September 13,2007 - 9-13-07 - Amount of Project: $118,478.92 6-18-07: Met witb Bonness - to discuss variances on scope of project. 7-25-07: Project ("ompletcd early - ~O days early (IMM-8) -Z:OMPLETE (POC: Darryl & Tessie) - BID #06-4008.. "Immokatee Beautification M.S.T.U. IM.STD. Roadway Grounds Maintenance" 8-t5-06: Pre-bid meeting Purchasing. areas indicated as being maintained by CLM currently need to be added to contract. 8-22-06: Bid due date is 8-30-06 addendum for additional maintenance areas is pending. 8-30-06: Bids received from Commercial Land and Ground Zero. Bid Tabulation is pending. Staff deadline for ES is 9/lll06; Brenda Brilhart continns Purchasing will have Tabulation by Sept. 7, 2006. 9-]2-06: BCC approved - waiting for signed contract from purchasing. 9-14-06: Current contract with CLM extension request sent to Robert Kindelan. t 0-04-06 - Purchase Order & NTP sent out - completion - (September 25.2007) (IMM-7) -COMPLETE -{POC: Tessie) Signage Refurbishment and Replacement; 8-16-06: Quotes from Lykins presented to Committee for review/approval. Sign is $4,800.00 and Refurbishment $1.000.00. 8-16-06: Due to No Quorum - No Committee Action taken. Staff cannot proceed with project. Approval is pending next Regular Meeting and/or Special Meeting. 8-22-06: Special Meeting request by staff. Special Meeting date/time pending. Committee action approving funding for project is required. 9-20-06: Committee to review quotes 9-20-06: MSTU Committee approves 'Cedar' sign and refurbishment proposals. 10-17-06: PO request in the system 10-25-06: PO sentlo Lykins; PO 4500071698; the time-tine for this project is 60 days to completion. December 25. 2006 Project Due Date. 11-15-06: Lykins Signtek sent graphics for review and approval. 12-04-06 - Mcgee to come up with Template on size of letters. l-t7-07: - need committee approval on proposal t -24-07: Committee approved design from Lykins 1-25-07: Emailed and faxed approved design work - completion date: (March 3 t, 2007) 4-10-07: Sign reported installed by Lykins - inspection pending. ([MM- t I) -COMPLETE - (POC: Tessie Sillery) Brick Re-Installation - Maintenance; CLM to re-install missing brick. 11-17-06: Committee request CLM to quote project. t-17-07: Mcgee to submit plans under refurbishment project Work Order. 2-17-07: Perfonn under maintenance. CLM to quote project 3-28-07: CLM quote is for $48.000.00. Staff recommends quotation with Annual Contractors in addition to CLM quote. Note: CCNA Threshold for fonnal bidding is $50.000.00 4-13-07: CLM quote of $48.000 exceeds purchasing limits for utilization of existing maintenance contract for purposes of project using CLM. (lMM-6) -COMPLETE - UNDER CONSTRUCTION-(pOC: Darryl) -Immokalee Pavers Project- Construction Cost: Bonness: $69.025.60 September 12.2005: NTP- 9-8-05 issued to Bonness - Construction 90 days. P.O. ISSUED FOR $49,861.50 to Kent Technology for lighting installation. Bonness to complete work with a W.O. after lighting installation is complete. Lighting installation was recommended by McGee. 4-17-06; Lighting by Kent is pending; Spoke with Thomas Ladimer of Kent he says that Jim Smith will be managing this project. 5-t-06; Kent Technologies to install Lights May 1-30; Bonness is to comptete paver installation following lighting project completion. 4 161 IBn 5-15-06: Jim Smith new project mgr. - Tentative meeting 5-17-06 with McGee / Smith and Lulich to have Coordination meeting before project proceeds. 5-30-06; Meeting scheduled on June 2nd, to review project. -Inspection 6-12-06: Kent Technotogy Jim Smith confirms schedule for construction within 2 weeks. 6-27-06: Kent Technology - under construction work to be completed June 29, 2006 7-18-06: Change in Specs by McGee requires jack and bore operation which will commence by 8-1-06. 8-16-06: Jim Smith with Kent Technotogies confirmed that they are under construction with Lighting. 8-22-06: Jim Smith confmns that Kent will install lighting foundations beginning on August 30, 2006 with project completion by September 8, 2006. Bonness confinns that upon completion of Kent installation of bases by Sept. 8, 2006 Bonness would anticipate completion of curbing by Sept. 30, 2006. 8-3 t-06: Jim Smith confmns crews have picked up the footings for the lights and will begin installation this week for the footings. 9-20-06: Installation of light bases is completed by Kent Technologies. to-t8-06: Conduit installation completed by Kent Technotogies 11-6-06: Curbing installation is being constructed. Fonns for concrete are in place and ready for concrete fill material. II-t5-06: All curbing installed. Pavers installation is pending. 12-04-06: Paver installation complete and inspection pending. t -17-07: Inspected by Darryl and project is 60 % comptete with punchlist items 1-23-07: Lighting Installation Completed - inspection to follow; Bonness Pavers need to be reviewed in terms of contract for percent complete. 1-24-07 - Inspection Complete for lighting; Lighting 100% complete. t -24-07 - Additional pavers are needed and Bonness to provide quote. Pavers are 50% complete (payable); additional pavers require change order. Quote for change order pending from Bonness. 2-28-07: Change Order request received by Bonness for $14,803.23 - requires Committee Approval. 3-28-07: Project is completed. Change Order #1 is pending Committee approval. (IMM-t2) - COMPLETE -Irrigation Lateral Break at Median #6: CLM indicated that the repair requires boring underneath roadway for installation of a new line. II-t7-06: Committee authorizes Staff to effect repair. - $5,000.00 approved 1-17-07 : completed by Commercial land under tenns of maintenance contract 06-4008. (IMM-13) -COMPLETE - Code Enforcement - Signage placed without pennit 10-18-06: Committee request staff inquire with Code Enforcement concerning signs placed in 'triangle area' at intersection ofHwy 29 and New Market Rd. without penn it number indicated on sign. to-19-06: Code Enforcement infonned about signs and requested to remove them. (IMM-9) -COMPLETE - Report on Curbing in FOOT Project; to-18-06: Committee Chairman Rita Avalos inquires as to why the State utilized Type A Curbing at Median separators vs. Type F Curbing as in other parts of project. 11-15-06: Liaison Staff Provides answer from FOOT on Project Curbing. Type A Curbing is the standard FOOT installation for separators while the Type F Curbing is standard for other sections of curbing which are not considered a 'separator'. (IMM-13) -COMPl.ETE - Trash Pick-Up; Committee request to confirm Immokalee Disposal is providing 'Trash-Pickup' services. 10-t8-06: Committee request inquiry to lmmokalee Disposal as to responsibility in ttash pick-up. 1 O-t 8-06: Staff directs Commercial Land Maintenance to review entire project for trash pick-up and provide additional services as per contract in trash pick-up. 11-17-06: Committee infonned that lmmokalee Disposal is still the responsible party for trash pick-up. (IMM-4) - COMPLE IE -Sidewalk Project (Consultant: Mike McGee) - Non-MSTU Project; August t t, 2005: Trinity is Pathways contact and will report on status 8-16-06: Final Application for payment submitted by Higgins. Staff processing Final Change Order prior to payment. 5 161 , 8-22-06: Trinity Scott reports that the project is at Final Completion with a final change order pending prior to project closeout. MSTU Committee is to receive re-imbursement of funds in the amount of$195.706.00 from FOOT. Reimbursement through FOOT to occur upon Finat Completion. 8-31-06: Gloria Herrera reports that a change order #1 has been approved for the Higgins Contract for -.54 (cents) Final Pay Application has not been received. 9-20-06 Final payment has been processed to ON Higgins. - Sidewalk Project (IMM-2) COMPLETE-Immokalee Banner Replacement-'Welcome to Immokalee' Banners Delivered to A TM Department. (IMM-l) COMPI.ETE - Holliday Banners - Banners Delivered to ATM Department. 6 1B/J r,",., e,r."_""~""'" !,~<~_:- CI ;;f~':: ~~-;O-"""'''"''''''I ~/k"~'" , ,..,' , .~ '.;,,:. . 'it .~ , . = 161 1 B ~l V RECEIVED Fiala OCT 0 2 2008 Halas Henning Board at County CommisSioners Coyle Coletta cj - IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE March 26, 2008 Minutes I. The meeting was called to order at 4:35 P. M. by Cherryle Thomas. II. Attendance Members: William Deyo (Absent), Dorcas Howard, Cherryle Thomas, Andrea Halman County: Darryl Richard - Project Manager Landscape, Caroline Soto - Budget Analyst Others: Mike McGee - McGee & Associates, Jim Fritchey - CLM, Darlene Lafferty -Mancan, Fred Thomas Jr. - eRA. Chairman III. Approval of Agenda Add: V. D. Approval of FY09 Budget Dorcas Howard moved to approve the Agenda as amended. Second by Andrea Halman. Motion carried unanimously 3-0. IV. Approval of Minutes - February 27, 2008 Dorcas Howard moved to approve the Minutes of February 27, 2008. Second by Andrea Halman. Motion carried unanimously 3-0. V. Transportation Services Report A. Budget- Caroline Soto distributed and reviewed. (See attached) o The Budget Amendment ($70,000) is not reflected in the Budget Report o Available Operating expense $36,982.93 o Available Improvements General $1,086,300 B. Project Manager Report - distributed FY09 Budget and reviewed the following: (See attached) ~ Forecasted FY08 Engineering Fees $75,000 (includes $60,000 to CEI for Lighting Project) ~ FY09 Engineering Fees $40,000 for Consulting FeEt.!isc Carres: ~ Electricity is paid by 112 Fund Date: I Item # -------- , ~,..,:I'<: j;" 161 IS}l ~ The recommendation was made to update the Improvements General Justification Column to read - Street Lighting Renovation Project est. $1,000,000 ~ Forecast FY08 Transportation FOOT change - FOOT Reimbursement $300,000 ~ Noted FY09 Millage Rate has been adjusted (to .8720) to maintain the FY08 Revenue stream Dorcas Howard moved for acceptance of FY09 (Budget). Second by Andrea Halman. Motion carried unanimously 3-0. Darryl Richard distributed and reviewed the Project Manager Report. (See attached) The following was noted: o An Executive Summary for the addition of Lake Trafford Parcels will be submitted to the Board of County Commissioners o (/MM - 17) Public Meeting - Proposed Ordinance Revision to add Lake Trafford area Parcels - A Public Meeting may be required It was noted that the purpose for addition of the Lake Trafford Parcels is to increase the Taxing District. Andrea Ha/man moved that they (Committee) direct Staff to advertise a Public Meeting as necessary. Second by Dorcas Howard. Motion carried unanimously 3-0. o (IMM - 16) CEI Services: Aim Engineering - Signature from Aim Engineering pending on the Work Order o (IMM - 5) Immokalee MSTU: Phase IV Lighting Project - Anticipate a Notice to Proceed by April 6, 2008 o (IMM - 3) MSTU: Boundary Expansion - Pending C. Budget Report - Mark Isackson - None D. Approval of FY09 Budget - Previously discussed V. B. VI. Transportation Maintenance Report - CLM - Jim Fritchey reported the following: Replaced Crown of Thorn that was damaged by Frost Replacement of Bougainvillea is required . Palm issues require additional Fertilization VII. Landscape Architects Report A. Report - Michael McGee reported damaged Bulb Out Planters that will be replaced with Yellow Crown of Thorn B. Paver options & cost - Drawings and Estimated cost will be presented at the April 23, 2008 meeting It was confirmed that the Street Power Sweeping schedule is conducted on Wednesdays. 2 161 181\ Discussions ensued concerning Trash Pick up. It was noted pick up is scheduled 2 times per week and spillover is still occurring. It was suggested that the addition of Trash Cans could alleviate some of the problem. Andrea Halman moved to direct staff to purchase 4 Trash Cans. Second by Dorcas Howard. Motion carried unanimously 3-0. Discussions ensued and requested to include a not to exceed amount. The motion was amended. Andrea Halman moved to direct staff to purchase 4 Trash Cans "not to exceed $6,000." Second by Dorcas Howard. Mot/on carried unanimously 3-0. Fred Thomas Jr. - CRA, Chairman questioned the $6,000 amount. Discussion ensued concerning Master Plan "Standards" for Trash Cans. It was agreed that additional information for the Trash Cans is required. The Motion was withdrawn VIII. Old Business - None IX. New Business - None X. Public Comment Fred Thomas Jr. - CRA, Chairman recommended the Immokalee MSTU form an Alliance with the CRA. He noted that the Immokalee Beautification MSTU could receive Financial Aid from the CRA. Andrea Halman moved to direct (County) Staff to work with Immokalee CRA. Second by Dorcas Howard. It was stated that the CRA will support the Boundary Expansion. Motion carried unanimously 3-0. It was agreed to increase Trash pickup - 3 times per week on Monday, Wednesday and Friday. XII. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:40 P.M. 3 161 Immokalee Beautification MSTU Advisory Committee /2 /J V{lJ!Jc Cherryle T These minutes approved by the Committee on as presented or amended The next regularly scheduled meeting is April 23, 20084:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee, FL 4 IBn I'i'" "i' ..'~~ '! .~ ~~.:;';~d: :5}: I';;;;::~."~'"."'\""'I J.;Fi-'l1- ~~r:\" :~ \ Ii '_!;! ;.;1. . I~, ': " .,' ii., i' RECEIVED OCT 0 2 2008 Fiala Halas Henning ~~~ iJz-/ 181\ / t~O~JCd ot Count\' Commissioners .:.:~ ~ IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE April 23, 2008 Minutes I. The meeting was called to order at 4:35 P. M. by Cherryle Thomas. No quorum was established. II. Attendance Members: William Deyo, Dorcas Howard (Excused), Cherryle Thomas, Andrea Halman (Excused) Others: Mike McGee - McGee & Associates. Jim Fritchey - CLM, Darlene Lafferty -Mancan XII. Meeting was adjourned by the Chair at 4:36 P.M. Immokalee Beautification MSTU Advisory Committee Ck, Cherryle These minutes approved by the Committee on as presented or amended Mise ::orres The next regularly scheduled meeting is May 28, 20084:30 p.m. At the Immokalee Community Park Date: 321 First Street South, Immokalee, FL I ltem#. ; ..,"',-' ~',"'~~"'" '~~-;':7:Ci. ;%~ i1ft~"."""~'toi1. ~j%:'> ! ~t~, e' .,.~ r ""1''''.. ,. ; ~\ .~~ i, ;~~", Y ~ RECEIVED OCT 0 2 2008 Fiala Halas Henning Coyle Coletta Soald of Count) Commissi:::mar:. IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE May 28, 2008 Minutes I. The meeting was called to order at 4:35 PM by Cherryle Thomas. A quorum was established. II. Attendance Members: William Deyo, Cherryle Thomas, Andrea Halman, Dorcas Howard County:_Darryl Richard - Project Manager Landscape, Tessie Sillery- MSTU Operations Coordinator, Caroline' Soto - Management Budget Analyst Others: Mike McGee - McGee & Associates, Fred Thomas - CRA Advisory Board, Christie Betancoua - CRA Administrative Assistant, Weldon Walker - Code Enforcement, Sue Flynn - Mancan III. Approval of Agenda Add: V-C. Review of June 10, Board of Collier County Executive Summary for Boundary Expansion IX - Maria Ortiz - Advisory Board Application William Deyo moved to approve the Agenda as amended. Second by Andrea Halman. Carried unanimously 3-0 IV. Approval of Minutes - March 26, 2008 Andrea Halman moved to approve the Minutes as submitted. Second by William Deyo. Carried unanimously 3-0 V. Transportation Services Report A. Budget Report - Caroline Soto distributed and reviewed. (See attached) . Budget Operating Expense - $136,577.30 . Available Operating Expense - $35,208.43 . Budget Improvement General - $1,086,300.00 MIsc. Corres: . Available Improvement General - $1,019,590.00 Date: . Current Ad Valorem Tax - ($315,100.00) . Available Current Ad Valorem Tax - ($44,345.85) Item #: 1 Copies to 161 1 B II Cherryle Thomas asked what $91.50 paid to Naples Daily News - Legal Ad covered. Darryl Richard responded this was the cost to run the ad for Pre- Construction Contract for Bid the Lighting Project (Highway 29). William Deyo moved to approve the Budget as submitted. Second by Andrea Halman. Motion carried unanimously 3-0. B. Project Manager Report - Darryl Richard Proiect IMM-17 - Public MeetinQ - Proposed Ordinance Revision to add Lake Trafford area parcels. Darryl Richard stated this was a Public Meeting and counted as a Public Review of the Boundary Expansion Proposal. (See attached) The Proposed Immokalee Area MSTU Revision of Boundary Expansion will be submitted to Board of County Commissioners on June 10, 2008. The proposed MSTU addition is highlighted in red and includes blocks 30, 35,36, 31 and 6 in its entirety into the Immokalee MSTU boundary. Darryl Richard pointed out a block in Section 11 was included in the original MSTU boundary description. Dorcas Howard arrived at 4:50 PM Speaker Fred Thomas - CRA Advisory Board Member - recommended the MSTU exclude Section 11 because the area is surrounded by property not included in the MSTU. Darryl Richard stated Section 11 was already in the boundary and not in the proposal, unless the Committee wanted to review for some reason why they wanted to exclude it. It is the Committees prerogative, whether or not to spend funds, nor obligate the MSTU to do so on any specific project. Cherryle Thomas asked how to exclude Section 11 from the MSTU Boundaries. Darryl Richard responded this is not in the current proposal and could cause delay on the whole project if the Committee wanted to modify it. Darryl recommended getting the expansion approved first and suggested the Committee review Section 11 at a later date. Diane Flagg knows what the Committee is requesting and will be representing them at the June 10th BCC Meeting. Tessie Sillery noted the Proposal Expansion 10-day Public Notice will be in the newspaper Friday, May 30, 2008. Darryl Richard stated the legal department made the determination it was not necessary to send out letters to tax payers in the expansion area. Fred Thomas was concerned the Proposed Boundary Expansion Map approved by the Committee was approved without the Committee understanding what they were doing. This is due to the fact the map did 2 161 1 B 11 not depict, that the Committee intended, the area behind the gate to be a part of the MSTU Beautification District. He further stated this has created a situation that only 5 or 6 families will benefit from because of a misrepresentation of a map. He suggested the boundary be moved North on parcels 35 & 36. For the record, Darryl Richard stated the map was drawn up as per the specific request by a prior motion by the Committee and has been reviewed by the legal County Attorney's Office. If the Committee wants to withdraw the proposal based on comments made or to expand the boundaries then a motion needs to be made. This could cause a delay of 30 to 60 days. Discussions ensued on boundaries and some properties behind the gate not being included in the proposal. It was pointed out there is no question to the clarity of what the Committee requested since the boundary map has been produced several times prior to today's meeting. Cherryle Thomas suggested the Committee move forward on getting the approval on this project. The Committee can modify the boundaries at a later date when more funding is available. William Deyo pointed out that the lighting project is along the road and will benefit all the neighbors. Andrea Halman asked how quickly the project can be started. Darryl Richard responded the proposal will be submitted to the BCC on June 10. Tax rolls are adjusted after January 1 and when approved the Property Appraiser would add the property to the boundaries. A consensus was made to go forward with the current proposed boundary expansion. William Deyo moved to proceed with the proposed boundary expansion map designed by Staff for the MSTU and submit to the BCC for approval. Second by Andrea Halman. Carried unanimously 4-0. Proiect IMM-16 - Phase IV - CEI Services Aim Engineering has been informed the "Notice to Proceed" is anticipated for 8/24/08. Proiect IMM-5 - Phase IV - Liahtina Proiect Darryl Richard stated the project has a very tight schedule and needs to be completed by December 31,2008 to meet funding requirements from FOOT JPA Grant. Current bidding has been adjusted to June 5, 2008 and has a completion date of November 24, 2008. Darryl announced that there is a possibility of some delays caused by the Purchasing Department. At the last BCC Meeting, the Purchasing Director made a presentation to the BCC and the Board requested the Director come back 3 161 18 1{ in 2-weeks with possible changes in the purchasing policies. The new policies could affect the project schedule. Darryl has requested specific exemption from this delay from Purchasing to maintain a June 5th due date. If Darryl does not receive an affirmative answer on the request to maintain the June 5th due date, it may jeopardize the funding of $300,000 from FDOT. Darryl Richard recommended the Committee make a motion that the project be exempt from the recent change in the bidding process. (Currently Purchasing has put everything on hold for a 2-week period.) Purchasing is telling Contractors the June 5th due date does not apply and they will keep them posted. Mike McGee stated the County Purchasing Website reflected "Bids Indefinitely Postponed." William Deyo moved to direct the Project Manager make a plea to the Purchasing Department to grant the request to maintain the bidding schedule and not jeopardize the project funding of $300,000 from FOOT. Second by Andrea Halman. Carried unanimously 4-0. VI. Transportation Maintenance Report - ClM None. VIII. landscape Architects Report A. Maintenance Report - Michael McGee Michael McGee and Jim Fritchey of Commercial Land Maintenance did a "ride around" and reviewed maintenance issues. Proposals have been received on the dead Saba I Palm located in the triangle that needs to be removed. Commercial Land Maintenance's supplier for the Yellow Crown of Thorns informed CLM, the plants will not be available until late June. They are going to be used on replanting in the planters and in front of the Sign on Main Street. Cherryle Thomas asked if there where any poles down. Mike McGee responded he did notice a half pole on Third Street. He did not see any major maintenance problems. B. Paver Options and Costs Michael McGee distributed and reviewed a Material Bid Schedule on the SR 29 Paver Refurbishment. Bid items included: . Site Preparation (Demolition & Excavation) - $21,451.50 . Irrigation (System Modifications) - $15,000.00 . Traffic Control (Maintenance of Traffic) - $13,500.00 . Decorative Paving (Medians - Brick) - $21,720.00 . Decorative Paving (Medians - Sand Set) - $47,070.00 . Concrete Paver Base - $95,340.00 . Median Backfill Soil- $10,200.00 . Landscape (Palms and Ground Cover) - $165,000.00 4 161 18 ]{ IX. Old Business Discussions ensued regarding acquiring larger and more durable trashcans; trashcan locations and trashcan liners. Mike McGee will provide 3 quotes for different style trashcans. It was suggested to increase the number of pick-ups per week. Trash pick-up is covered by Fund 111. X. New Business Cherryle Thomas recommended the Committee consider Mary E. Ortiz's Advisory Board Application. William Deyo moved to recommend Mary E. Ortiz's application be submitted to BCC for approval. (For the Immokalee MSTU Advisory Board) Second by Andrea Halman. Carried unanimously 4-0. XI. Public Comment Weldon Walker, Code Enforcement in Immokalee introduced himself and gave a brief background. He stated he would be available to serve the Community and will be attending all future meetings. XII. Meeting was adjourned by the Chair at 5:35 P.M. Immokalee Beautification MSTU Advisory Committee (;cfUA 1 {IU ' ).;/")(1YV"iC.Ctj/ Cherryle T . mas, Chairman These minutes approved by the Committee on as presented or amended The next regularly scheduled meeting is June 25, 20084:30 p.m. At the Immokalee Community Park 321 First Street South, Immokalee, FL 5 ::J ~ en :!!:N weD W.... -,0 ~~ OLL :!!: :!!: co o o N CO N >- III :!!: .. :c- .!!S .- 0 "I- ~ lOLOtOQ)O"'" CX>lOvOO","" aricO('I')NOM v<OO>NOCD MOO.....C"II.....t- ...j...j"":: .o~ ..,. N O)<r- ~ ~'" .... "'- -.. ulL 0( 16 00..... 00 0"'0 N 00'" 00 "'.....0 GO oar--.: triaD ~"-:('f) .; OO~ <Xl 0> 0>..... 0 :g NOO> ~v 0> ..... C'i....... T'""-cti NeD <Ii ~ N 18 II ~~flJ.fltfltfltfltfltfltfltfltfltfltflt"" E 0 Cl CJ ',"'J <-J 0 0 0 '" 0 Cl C " '0 0 0 0 0 <l: '" 0 0 c ('~ ," 0 0 0 .,; '" 0 " f~ 10 n n 0 0 '" c' '" , f~., '::J C') 0 "'- 0 '" ;:: E <D -[) li, 0, en N C0 -,or t- o " >- l<: l.L. U) y, .ff (./) Ch '/l 'n ,n f() U} ,., if} ,n U) v> .. 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OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance No. 92-60, which created the lmmokalee Beautification Municipal Service Taxing Unit, to increase the boundaries of the unit to add approximately 3002+/- acres. CONSIDERATIONS: On March 25, 2008 during the review of the report of the Immokalee Beautification Advisory Committee, Cheryl Thomas, acting Chairman of the Committee requested that the boundaries of the lmmokalee Beautification Municipal Service Taxing Unit (the "MSTU") be expanded to include new growth. The proposed Ordinance is attached to this Executive Summary and has been advertised in accordance with Section 125.66 FS. A map of the area of new growth is attached and a legal description is contained in the proposed Ordinance. FISCAL IMP ACT: Increase in revenue to lmmokalee MSTU Fund 162. Anticipated estimated annual revenue increase is pending analysis from the Property Appraiser's Otlice. GROWTH MANAGEMENT IMP ACT: There is no Growth Management associated with this Executive Summary. LEGAL CONSIDERATIONS: The proposed changes to the Ordinance are legally sutlicient for Board consideration and approval. The increased revenue through the expansion of this existing MSTU will not affect the revenue limitation of the County. - HF AC RECOMMENDATION: That the Board of County Commissioners adopt the Ordinance Amendment. Prepared By: Darryl Richard, Project Manager - MSTUs, Alternative Transportation Modes Attachments: I) Amending Ordinance 2008; 2) Exhibit-Boundary Map 161 1 B II ORDINANCE NO. 2OO~_ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 91-40, WHICH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA. PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES TO ADD APPROXIMATELY 3001.079+/- ACRES; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, on October 25. t977, adopted Collier County Ordinance No. 77-52, creating the Immokalee Lighting and Beautification Municipal Service Taxing Unit for the purpose of providing street lighting and beautification within the unit; and WHEREAS, the Board of County Commissioners, on September 23, 1986, adopted Collier County Ordinance No. 86-65, creating the Immokalee Lighting and Beautification District Advisory Committee which provided for the appointment and composition of the Advisory Committee and setting forth the terms of office: and WHEREAS, on February 20, t 990, the Immokalee Lighting and Beautification Advisory Committee had met and approved a motion to recommend to the Board of County Commissioners that Cottier County Ordinance No. 77-52 be modified so as to separate the Lighting District from the Beautification District. thereby making both Districts separate, but having identical district boundaries and retain the current Advisory committee composition and make-up only for the Beautification District; and WHEREAS, the Board of County Commissioners, on June 9, t992, adopted Collier County Ordinance No. 92-40 that created the Immokalee Beautification Municipal Services Taxing Unit (the "MSTU"), for the purpose of landscape beautification within the MSTU; and WHEREAS, the Board of County Commissioners desires to expand the boundaries of the MSTU. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO COLLJER COUNTY ORDINANCE NO. 92-40, AS AMENDED, TO EXPAND BOUNDARIES Section One of Cottier COWlty Ordinance No. 92-40, as amended, is hereby amended to add the following geographic area or areas into the MSTU: 1 Words UnderHned are added; Words llIIuek 1'hm1lgh are deleted. --,-,_.,-,-,._~~.....-,-_.-_'_'__.- 161 1 Bll All of Section 35: all of Section 36: all in Townshin 46 South. Ilange 28 East: Tho Southwest V. of Section 30. the Northwest V. of Section 30. the No.........' V. of Section 30 and the North Y2 of the Sonth~~ 14 of Section 30: all in Town.~hiD 46 South. Rarule 29 East~ The Northwest lJ. Section of Section 31. the Southwest y.. of Section 31 and the Southeast '14 of Section 31: all in Townshin 46 South. Rarute 29 East: Nt of Section 6: in Townshin 47 South. Range 29 East. Containing 3002.079 acres. more or tess. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shalt appiy. If any court of competent jurisdiction hotds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shalt be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2008. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ,Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency; Heidi Ashtoo.cicko Assismnt County Attomey w h:HFA~m) 2 Words Underlined are added; Words 8tmok 1'hIeugil are deIeted. --,_._---_..,~-----.~_."'-- .....l. 01 .....l. o .....l. .....l. .....l. ~ .....l. w o -.....J -.....J o 01 .f:>. o ~ c.o 01 .....l. W .....l. I'V .....l. ex> ~ -.....J ~ 01 I'V -.....J ~~ ~ ~ I'V W 01 \ I I -----I I I I'V 0) I , \ i , J_ 1 ----.. , " :tJ o " o en m c ..... 3: 3: o ~ .... m m )> :tJ m )> 3: en -I C :tJ m < - en - o z ..... 0' - f-& D:J ~ Advisory Board Application 16 1 p I I , ., -. PlIge I of2 fIl80"_8 ct: From: lortiz@naplesshelter.org Wednesday, April 09, 20085:12 PM filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Cotner County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application Willi received on: 4/9120085:12:20 PM. Name: !Maria (Lucy) V. Orti~ Home Phone: 1239-657-56171 Home Address: ~06 Roberts Ave. w.1 City: ~mmokaieel Zip Code: ~ . Phone Numben Fax: 1239-657-577~ Business: ~39-657-570q e-Mail Address: ~ortiz(ii))1lIplessheiter.orgj Work Place: tIne Shelter for Abused Women & Childre~ How long have you lived in Collier County: !more than 151 Have you ever been convicted of any oflense against the law? ~ Are you a registered voter in CoUier County? ~ Board / Committee Applied for: Itmmokalee Beautification MSTU Advisory Committee! Category: !Not indicatedj Do you eurrently hold publie ormce? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: 008 Take Stock in Children, mentor (CCPS) 200105 Immokalee Redevelopment Agency, member 000-04 Collier School Readiness Coalition, member 1998-02 Immokalee Water and Sewer District. rustee 1998 Pro Bono counselor, One Child At A Time Program ofMHA 1998 Enterprise Zone velopment Agency, member 1992-98 St. Vincent de Paul Regional Seminary, Board of Trustees, 4/10/2008 161 1 B 1\ Page 2 of2 Advisory Board Applipation yton- Beach, FL 1990-93 National Advisory Committee, Campaign for Human Development, ashington DC 1982-86 South East Pastoral Institute (SEPI), board member, Miami, FL 1979-86 dland Christian Mi Association CMA board member . . . 4/10/2008 Education: uaIly 24 minimum CEU's or other educational hours of training earned 1993 Master's in Social ork, Barry University, Miami Shores, Florida 1992 Completed Immigration Paralegal course, Miami 11991 BA in Psychology, University of South Florida, Ft Myers Campus 1987-1989 AS in Banking d Finance and AA in Liberal Arts, ECC 1983 Graduate, Florida School of Banking, UP, Gainesville, 1 Ex erience: n the ten years I've worked for the Shelter for Abused Women & Children, I have made persentation i L, TX, and CA. I spoke on behalf of immigrant battered women before a Congressional hearing in uly 2000. I've received awards from Florida Coation Against Domestic Violence, Fl Chapter of Social ork, FGCU, Immokalee Chamber of Commerce, AAUW, and SA WCC. I have prior experices in . ho ice immi tion and as a mi t field worker. I- Z W ::E J: III CO a:: ~ LL W a:: a:: W > <( a. m N a:: III ~ I- III ::E z e wi= ...J<( ~() O- W!!: J:I- ()~ 1Il<( w oeo iiiw ...JW <(...J a::~ We I-::E ~::E .l!I o I- o .. , '2: ~ o 'Ill C o +: nI u !E u <Il c.. III c o ;::;: .S-I .. U Ill' <Il' o ~ c ~ ";'_,0 ..,- 11M a~,~ o '" ~ '" "- N '" ""---- ,0 '" ~ '", CIlI 5; ., '" :; Cl l'! f- a o LL '0 , e:1 "'I ZO' c! :J' o U ~ ~ o U ~ (I) 'a. e: ,Q ~ ro "' .S ~ (I) > '" a. .e (I) ro > '" u >< UJ o<l e: 0, - o E (I) o LL ui o o o o o "., ~ '" o o o o '" N '" CIl e: o 16 :i ; Cl : ~: f- a 0: ~I ZOI e: :J o U ~ ~ o U' ~ (I) a. e: .!!ll '0 (I) E ~ (I) a. E (I) "' >. CIl e: o ., '" Cl 'C .!: ro "' e: o<l >. 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J1!1 n1.. ~ ~I Q) ~ ~I ; iIi iIi e" ......,N 16/ 18 II 161 1B 1/ May 28, 2008 Prepared by: Danyl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Immokalee MSTU Project Status (IMM- 17) - ACTIVE - Darryl - Public Meeting ~ Proposed Ordinance Revioion to add t.a:ke Trafford area parcels. 3-26-08: Diane Flagg confirms that we lUe to bring item to Bee for approval. Staff to coordinate with MSTU Committee on scheduling Public Meeting. 4-23-08; No Quorum 5--28-08: Public Review of Proposed Boundary Expansion scheduled for May 28, 2008. (!MM- 16) - ACTIVE - Darryl - Phase N - CEL Services; AIM Engineering Proposal. 2-27-08; AIM Engineering Proposal for inspection servicei for $66,710.00 received. Requires Committee Approval. 2-27-08: Committee Approved Sc:ope. 3-26-08: Signature from AIM Engineering pending for processing Work Order. 5-9-08: Pending when NTP to Construction Is given. 5-28-08: Current NTP is anticipated for 8-24-2008; AIM Engm-mg has been informed. (IMM-ll) - ACTIVE-ONGOING -{PaC: TCS!lie SiIIery) -Roadway MaiDteoaoce: BID #06-4008-- expires: 9-12-10 "Inunokalee Beautification M.S.T.U. IM.S.T.D. Roadway Grounds Maintenance"; COlDIDencal Land Maintenance Contract 9-12-06: BCC Approval ofCOllIr8.ct 10-04-06: Notice to Proceed 10-12-7: New Fiscal Year 07-08 - Notice to Proceed. (lMM-5) -ACTIVE -{FOOT JPA Orant) (FOe: D=Y1) - (FDOT Funding commitment: $300,00) SCHEDULE: Immokalee MSnJ: Phase IV - Lighting Project (JP A Funding) (Hwy 29) .i~~~i;~,~;~:':~-;"i .i~i:'n .~.~WGQQIpr..1il . lm~"'."'V}f!fi".1V .~lgtdl..f'rOitd(...~ '",",i"li)~.~ .: ...' .. ..:FYI:,.. ,..~;'. p~~',.:' ..' .'<>. . .. .~n,L"d;'~~. ...... "., . . , .'",", :":'.',/:":):':::V:;:,:~,>;," ',", " . . '.,...M '.. (< J~~~,".::rtf.t ....,.....,.... .,,~~':;'~'.;.<. . ~-,~ ...~ .." F_~~~~ ......'.. . "~.... ."',' .':'. ..... ..i.::............. ;(~51':~',;,.- B~~~.'.,..",' .., ., .,,,...... :,....,., ,-.>,' ,',: ,~-~ "- /:., .,~ .!~":.:'."i:!.:' ~,~:;.;:<. "' ,"'~;,' < ';~~' ,,~_! . Mn ',..... · ", .:'..:.~<~';:.;::::..,...'-:':":.::,\i:',:':t,,"" . ~, { ~,. .'":~"<J,l':!.:,,:..:":""~I;,,~'~':~:':' ..... ..::" ':: 1 T~ "=I~'drl :4nC::;C:::;~~ IAIJqRqblJRT ~~:kT R1A1A7/~lAlqlA 16 1 B If R"at C'kI"'~I.tr....C$ 1t~oa', UNDER DESIGN 100% COMPLETE-LlGHTING-!mmoklllee Beatification Phase IV _ Design (Consultant: Mike McGee}. Design Phase - 30% Completion; McGee & Assoc. Work Ord"" for $76,944.02 issued NTP Design on 3/25/05. McGee 60% plans are to be reviewed by Stafr and Set up FOOT pre-app meeting with Lisa in ROW. Note: LISA TUCKER. TO SET FDOT PRE-APPLICATION MEETING DATE. MCGEE TO FILL OUT FOoT FORM FROM USA TUCKER. On Jan. 24, 2006 th""e is a meeting with McGee and Sub-Consultant to review plans for FOOT Pre-Application. 4-17-0(j McGee to re-submit plans with corrected project munber for review. 5-1-06; McGee & Assoc. is non-responsive in providing requested 60% plans 5-30-0(j McGee & Assoc. submitted 60% 6-5-06 60% Plans submitted to Staff and FDOT for review. Review Pending. 6-12-06: 60% plans under review by FDOT. 6-27-06: 60% plans under review by FDOT 7-18-06: 60% plans WIder review by FDOT 8-16..Q6: (j0% plans under review by FDOT 8-22-06: 60% plans under review by FOOT 8-31..Q5: Email sent to KaTen Miracolla for status of 60% review. 9-25-06: PBs&J request infonnation from McGee & Associates for project. 1 0-18-O(j: Request lo proceed with 100% plllllS submitted lo FOOT 11-8-06: Direction to McGee & AssociatAls to proceed to 100% Drawing Submittal. 1-17-O7: Waiting on plans rrom McGee- 100% plans are due inlo FOOT for this project 3-28-07: 100% plans delivered to FDOT fat teview. Approval is pending. 4-20-07 - revised schedule below 5-14-07: Still waiting On FDOT. 5-23-07: Still waiting on FOOT 6-11-07: FOOT has replied with comments - LA reviewing comments 7-23-07: McGee - pending Engineer- to answer photometric lighting comments from FOOT made. 8-22-07: McGee - waiting for comments and revised plans. 9-07 ..()7: McGee submitted plans today. And plans will be submitted for FOOT review 9-II-07! 9-21..Q7: Updated plans from McGee-re- submittal to FDOT on 9-25-071 10-24-07: Pending FOOT response 11"()6-07: Pending FOOT response 12-10-07: McGee Plans re-submitting lo FDOT. 1-7-08: McGee revising plans as per FDOT conunents - 100% plans pending. 1-22..Q8: McGee completed 100% plllDs - to be forwarded to FOOT (miD. 30days) 1-31-08: County submitted 100% plans to FDOT - Michelle Peronto. 2 Z&:l '::jt:)tolrl >-nc:C:-:t~ ClI1QRQb/HH ~~:hT RClClZ!CCl/qCi 161 1B II (lMM-3) ACTIVE - (POC: Dartyl) Immokalee MSnr e1(p.II"I;"g their boundaries- SCHEDULE: lmmokalee Msnr: Boundary Expansion Proposal ..Immo...,:..........:...............;...~....,...........~.......',.~.........'.7!t:.~".rt,.............._..,~......:........ll.,."'. )~[t...'.'" . . ...... . ... '.. .. ...,'.' . ." .>.> . .,:i;~ ",' . " " ,". '."<,~f1':i,~~t~i~~t~i~~ '~~~:~~.'f,j'< ,~t",:,,',~:J'$:,'".,:,. ii.",. .'. '>, "". i........:: NON run date: MayJO .....:.......i::::;,:.,,~!l,f1.:.'~.~.:.... '.' ::....,.:..'.:;,~..~.. .:.....\ .........i...... ~..I:...d.~..~.I~.. ~.. t....i:1c~.. ~~~::::~rn.a..n ~~..".....,... .... ~V4tiqi""~..:'" .... '.:.. .' .... '. . '., .. 1lJ1:...... ..,' ~CAPii<<lvel~ONJn.Il" Ch<<tiD . ': ettGnClO8. ..., .., .." 5-l5-ll6-RLS sent to Scott Teach - to answer committee questions on expanding boundaries and procedure of expill1ding. 5-30-ll6 - in recent emails Scott Teach advises 50+ petitions to go before the board. 6-I2-ll6: Committee to petition citU;oms for proposed change. - Staff has mapa complete. 6-27-06; Confinned with Scott Teach - yes 50%+1 required. 7-18-ll6: Committee On 8-16.(l6 with Scott teach evaluation on proposal- com",;....., is required to provide S<l% + 1 petition - prior to proceeding with expansion of boundaries. 8-7-06: Kcvin LiUy to provide a5SC$sed values and Dan Regan is to provide survey data for delineation. Scott Teach is worldng on sample petition. 8-16.(l6: Sample Petition Complete, Mapping Complete. County Attorney review and recommendlltion pending. 8-16-06: Due to No Quorum Committee Action not taken. Committee aetion required to approve petition and approval of funding for mailing of petition to residents. 9-2()..()6: Committee approved Sample Petition and Boundary ExpansiOll and payment for 1IIlIiling. Mailing is to have Spanish and Creole lau.guage. lo..3().(l6: Final Petition, Boundary, and List ofNamcslProperties senl to Scott Teacl1 for review and approval Required letter to residents is still pending, Commi_ Chairman Action required. 12-04-06: Review by committee chairman Rim Avilas ponding 1-17.(l7: Rita to review and come back with COlDllllmts atnext meeting. SlaIfrequire$ Committee approval for draft 1etter to residents prior to mailing. 1-24-07: Draft Letter distributed to ~ to review and rellpODd to item. 4-10-07: Revised letter as of3-28.(l7 Committee recolllmevdations sent to Committee Chair for review/approval 4-20.(l7, Schedulc will be revised after 4-26.(l7 meeting: 5-14-07: Pending approval nom chainnan 5-23-07: Requires Chairman ICOUUJIittee approval.- committec approved letter in 3 languages 6-11-07: Requested for ettimate for ms.i1out-mancan 6-25.(l7: Scott Teacl1- Reviewing letters. procedure and answerin& Mancan'. qU8$tiOllB. 7-10.(l7: Dorcas Howard is reviewing the final draft ofletters to add one-line stalemont for clarification reprding 'Respond by Date'. (August 15, 2007) 7-23-07: On 7-10-07 - County Attomey- Scott TCllCh - emailedstaff-..Ycs.Itis my recommendation dIat you bring Ibis to the BCC, perhaps lhtough a member of the Advisory Commi_, prior to taking lII1Y tluther action.". - MSnr will be meetiug in SeptelDber 07. 3 ~~ -::JGtI.-l ;:.nC::C::~>-!rl ~/)qRqbl}RT ~G:hT R~~7.IG~/q~ 16J 18 11 8-22-07: CollUOittee to select member to strend BCC meeting and presi'JQt before !be board. 9-24-07: Committee to select member to attend BeC meeting and present before the board. 9-24-07: No Quorum Again - Only hfu. Thomass was present. 10-24-07: Committee selected Cheryl Thomas to assist getting things done and speaking to community members and William to speak to bee and introduce Danyl to speak. 11-28-07: No Quorwn. 12-26"{)S: No meeting holiday 1-25-08: Committee did not discuss. but requested CRA Executive Director to attend and introduce herself. 3-25-08: Committee Chair asked BeC to come back to board and expand boundaries- BCC stated no need fur petition. - Immokalee mstu was not created with a petition. 5-9"{)8 : County Attorney reviewing documents (IMM- IS) - Completed - Darryl & Tessie: Immokalee MSTU - 4 year Review Report Every four yeClrs on CI rotating schedule, in accordance with Ordinance :1001-55, the advisory boards and committees of the Board of County Commissioners are up' for review. 12-20-07: Requested Acting Chairman for input on the report. 01-07-08: Reminded Acting Chairman of deadline - January 11"'. 2008. 1-23-08: BCe Date is 3-25-08 for chairman and/or designee to speak in front of BCC. 3-25-08: Cherryle Thomas made report to BCC, Board requested Public Meeting for review of proposed ordinance Change, requested Staff bring ES to BCC for approval. (IMM-14) - COMPLETE - 3 Benches - Description: Quote # FL072307 -1, 3 Seater, End and Divider Anns Frame: Blue Tiger Ribs: Ught Grey- Model ML-FAA-3-UV- 7-27-07: Notice to Proceed (p. o. #4500082228; dated 7/1612007) - Completion 9-26-07 8-1-07: Arrangements were made for benches to be delivered to Cat Head Quarters. 9-24-07: Re-arrangements were made and NOrix is delivering to Commercial Land office in Naples -last week of Oct. 07 10-12-07: Benches were received by CLM. (lMM-lO) - COMPLETE -(PaC: Darryl) McGee &. Associates - RefUrbishment Project-flwy 29 Med. I st lInmokalee MSTIJ: Paver Installation Project (Hwy 29) Street to 9" Street - Landscqpc &. Irrigation R.enovatiOll Project includes Bulbout Refurbishment Project; 11-17-06: Committee approved funding fur desip of project by McGee &. Assocw. 12-04-06: Pending l'tJrchuo Order with Work Order - $13.330.00 12..{)S..{)6: NTP Given to McGee &; AllIOCiales - Compledon DIIte; September 4, 2007 ) 3-28-06: Staffrequesr copy ofbaae plans for quotation of brick -paver inata1lation. 4-13-07: McGee ''''''clltes actua1 project <lOst may excoed the CLM qIWtc of 48 K and will be more likely 105 K when project is bid out. Project Drawings pending for bid. 4-24.07: Re<:elved project plan drawings ftom. McOcc 4-26-07: Requested quotes from 3 annual contractors (BoonesslBetter RoadsIQuality) llI1d gave all three contractors McGees' plans with a dea.!H".. of 5-4-07. 5-14-07: Received quotes from 3 vendors - on 5.12" and 5-14"{)7. 5-23"{)7: Woik Order Be-FT-3773"{)7-08 - 800ness - signature process 6-15-07: NTP -Completloa date:- September 13, 2007 - 9-13-07 - AlaOltat of ProJect: $118,478.92 6-18-07: Met with Bo....eu - to dbeuu variances 0" scope of project. 7-25-07: Projectcompleled early - 50 day. early (lMM-S) -COMPLETE (POC: Darryl &; Tessie) - BID #06-4008 - "Immokalee Beautification M.S. T.ll. IM.S.T.D. Roadway Grounds M..~t..n.nce" 4 b'" -=1[;)\1..-1 ).InC:C:"::I~).I""" tV I qj:lqbll RT ~C:kT R"'",z/C"'/q~ 161 18 II 8-15-06: Pre-bid ......IUIl! Pwdlaaing, arellS lu4lcated ... being maintained by eLM cwreotly _ to be addod to contract. 8-22-06: Bid due date is 8-30-06 addendum fur additional maintenaIl~e oreas is pending. 8-30-06: Blda received from Commercial Land and Ground ZCIlQ. Bid Tabulation is pen<li!1&. Stat! deadline for ES i. 9/11106; Brenda Brilhart confirms Purohasing will have Tabula1ion by Sept. 7, 2006. 9-12..(J6: BeC approved - waiting for signad ~ontract lrom plll"'hA,;"'g< 9-14-06: Current contract with CLM extension request sent to Robert Kindelan. 10-04-06 - Purchase Order ell; N1l' sent out - completion - (September 25, 2007) (!MM-7) -COMPLETE -(FOC: Tessie) Signage Refurbishment and Replacement; 8-16-06: Quotes from Lykins presented to Committee for review/approval. Sign is $4,800.00 IInd Refurbiahment $1,000.00. 8-16-06: Due to No Quonun - No Committee Action taken. Staff CIlllnOt proceed widt project. Approval is pending next Regular Meeting and/or Special Meeting. 8-22-06: Spe~ial Meeting request by staff. Special Meeting daleItime pending. Committee action approving funding for project is required 9-20-06: Committee to review quotes 9.20-06: MSTU Committee approves 'Cedar' sign and refurbishment proposals. 10-17-06: PO request in 1he system 10-25-06: PO sent to Lykins; PO 4500071698; dte time-line for this project is 60 days to completion. December 2S, 2006 Project Due Date. 11-15-06: Lykins Signtek sent graphics for review and approval. 12-04-06 - Mcgee to COIlle up with Template on size ofletters. 1-17-07: - need commit!<le approval onproposa1 1-24-07: Committee approved design lrom Lykins 1-25-07: Em.ailed and f8Xlld approved design work - completion date: (March 31, 2007) 4-Hl-I)7: Sign reported installed by Lykins - inspection pending. (IMM-II) -COMPLETE - (POC: Tessie Sillery) Brick Re-Installation - Maintenluwe; CLM to re-instaU missing brick. 11-17-06: Committee request CLM to quote project 1-17-07: Mcgee to submit plan$1IndeI- refurbisbment project Work Order. 2-17-07: Perform under maintenance. CLM to quote project 3-28-07: CLM quote is for $48,000.00. Staff recommends quotation with Annual Contractors in addition to CLM quote. Note: CCNA Threshold for fonnal bidding is $50,000.00 4-13-07: CLM quote of $48,000 exceeds purcIluing limits for utm,'ll'ion of existing m.;\'It""Ance contract for purposes of project using eLM. (IMM-6) -COMPLETE - UNDER CONSTRUCTION-{POC: Darryl) -Immokalee Pavers Project _ Construction Cost: Bonness: $69,02S.6O September 12, 2005: NIP- 9-8-OS issued to Boon.... - ConsllUotion 90 days. P.O. ISSUED FOR $49,861.50 to Kent Tedmology for ligbtinJ instalIatlon. Bonness to complete work with a W.O. after lighting installation is complete. Lighting ~I~on was recommended by McGee. 4-17-06; Lighting by Kent is pendiug: Spoke wllb Thomas LadimerofKanthe says that Jim Smilb will be mA'1"&i1lll this project. 5-1-06; Kent Teclmologies to install Lights May 1-30; Bonness is to complete paver installation following lighting project completion. S-lS-D6: Jim Smith new project mgr. - Tentative meeting 5-17-06 wilb McGee / SnliIb and LuIich to have CoordinatiO\'l meeting before project proceeds. 5-30-06; Meeting ."n..-lnled on J\II1O 2"", to review project. -Inspoction 6-12-06: Kent Technology Jim SlDitll con1lrms SChodule for construction within 2 weeks. 6-27-06: KllDt Technology - undec construction work to be completed June 29, 2006 7-18-06: Change in Spec. by McGee reqlllres jaclt and bore operation which will Coll1lnOllCe by 8-1-06. 8-16-06: Jim SlI1ith with Kent Technologies con1Inned!bat they are under construction wilb Lighting. 5 C:~ ':JC'l'd.-l >4lC;;C;;~~;..t....l CfllQRQbllRT ~C::hT RCfCf7.!CCf/qet f \ 8-22-06: Jim Smllb conflnns Ihat Kent WUl inatalllightlng foundatlaDll begUming on August 30, 2006 with project completion by September 8, 2006. Booness confirDq that upon completion of K""t instaUatlon of b"," by Sept. 8,2006 BolllleSS would lIlI!i~ completion of curbing by Sept. 30,2006. ll-31-06: Jim Smith confimts crews bave piclced up the footings fur the lights and will begjn insta1Iation Ibis week fur the footings. 9-20-06: Installation of light bases is completed by Kent Technologies. 10-18-06: Conduit installation completed by Kent Technologies 11-6-06: Curbing installation is being constnlcted. Forms for concrete are in place lIIId ready fur concnte fill material. 11-15-06: All curbing installed. Pavers installation is pending. 12-04-06: Paver installation comp1etfJ and inspection pending. 1-17-07: In$pected by Donyl and project is 60 % complete with punchlist items 1-23-07: Lighting Installation Completed- inspection to fullow; Bonness Pavers need to be reviewed in terms of cmtract for percent complete. 1-24-07 -Inspection Complete for Iiglrti"g; Lighting I 00% complete. 1-24-07 - Additional pavers are nC!eded and Bonness to provide quote. Pa-. are SO% complete (payable); additional pavers require change order. Quote for change order pending from Bonness. 2-28-07: Change Order req\l.eSl received by Bonness fur $14,803.23 - requires CommiltfJe Approval. 3.28-07: Project is completed. Change Order #1 i. pe'lil;ng Committee approval. (IMM-12) - COMPLETE - Irriplion Lateral Break at Median 116: CLM indicated that the repair requires boring underneath roadway for insta1lation of s new line. 11-17-06: Committee lI\lthorizes Staff to effect repair. - $5,000.00 approved 1-17-07 : completed by Conunercialland under terms of maintenance contract 06-4008. (IMM-13) -COMPLETE - Code Enforcement- Signage placed without pennil 10-18-06: Committee request staff inquire with Code Enforcement oonceming signs placed in 'triaogJe area' at intersection of Hwy 29 and New Markel Rd. without permit numher indWated on sign. 10-19-06: Code Enforcement informed about signs and requested to remove them. (IMM-9) -COMPLETE - Repolt on Curbing in FOOT Project; 10-18-06: Committee Chairman Rita Avalos inquires as to why the State utilized Type A Curbing at Median separators vs. Type F Curbing 118 in other parts of project. 11-15-06: Liaison StatfProvides answer from FOOT on Project Curbing. Type A Curbing is the standard FOOT installation for separators while the Type F Curbing is standard for other sectiollJl of curbing which are not considered a 'separator'. (IMM-13) -COMPLETE - Trash Pick-Up; Committee request to confirm luunokalee Disposal is providing 'Trash-Pkkup' services. 10-18-06: Committee request inquiry to luunoka1ee Disposal as to _ponsibility in lt8Sh pick-up. 10-18-06: Staff directs Commorcial Land Main_ce to review entire project for IrIIsh pick-up and provide additional services 118 per contract in IrIIsh pick-up. 1I-IHI6: Cottllnittee infonned that ImmobIee Disposal is still the responsible pany for IrIIsh pick-up. (IMM-4) - COMPLETE -Sidewalk: Project (Consultllnt: Mike McGee) - Non-MSTU Project; August II, 2OOS: Trinity is Pathways contact IIld will report on status 8-16-06: Final Application for payment submitted by Higgins. Staff processing Final Change Order prior to payment. 8-22-06: Trinity Scott reports that the project is at Final Completion with a final change order pending prior to project cJoeeout. MSTU Commitale is to receive re-imbursoment of ftmds in the amount of $195,706.00 from FOOT. Rmmbursement through FOOT to occur upon Final Completion. 8.31-06: Gloria Hemrra reports t1w a change order #1 has been approved for the Higgins Contract for -.54 (cenls) Final.Pay App&ation has not been received. 9-20-06 Final payment has been processed to DN Higgins. - Sidewalk Project 6 qa ~~'r:I....I ).Inc:c::-::nn).l.....l allqRqbllj:lT ~~:hT Raa7./ca/q~ 161 18 \\ (IMM-2) COMPLETE-lJmnolcake B_cr Rq>l"""",cnt-'Welcome to Irmnokalee' Banners Del1vered to ATM Department. (lMM-l) COMPLETE - Holliday Banners - Banners Delivered to A TM Department. 7 I~ -::JClld...... ~c::~.--I 1iI11qRqblJRT ~~:hT RR~7./~liI/qR 16 l 1 B;I\ 1M i\>10 KA1, E ~~",JYI ST!L.A D Yh'i.O ~}:'__rO ~J\1ITJ]~ E_bTlj:l'I,J)~~~n: DATI.S/[)g/jgIH1E: f.' 3D :\A l\:1 I 'CJulP(/e 7n ~~ QS 2-1ll/tJ-ao/ ~ 1/;4/ A' I , ....--.1 .\ n"t}_ ~l ~~(f,r({:}:~ ~, t1/ l~i.. V~/<tfCJ' ~. n \C.I4AE;L- hl:(,ts.l~ ;; ~ 6.{~~ " ~7h~<L4 s. Oh n'S-n~ i3ef((N6Ldf- I I ~"/l/~(7f~, I h;1 III.~q.~ . ,,~ ~ 12 ~.J~ ~V~ u. (,()\lI'A ""Y/Tn:I.E/P()SI.TH)" , I.- \"".,+---l-\ '''\(''( C, ~ r \ ">\\f:' 1-'0 \ C,-{\( OL(1 \l.sU I \j IE:. 30V .J. fY\~J\CCiLt~ C~ r.",.~ Ct-d l\I\~, Ass I ~1<.\. \I\...-+- 2<:; L - 23L3 W..d~WZ\6A. QD)},~~~ (~ GI' ~~;- c:2 5;;; -53()2.. YVL.l'l--1IL4--(A..-z.....___ 1>'~' ?"' ~'-, ~'~:~~-CI: ;E::~. .iffi!:?~"'"'''''''~~1 '-F-A^ 1 ~f4."L~,~ ~ ...~ . 1,:'.' .., ~ .;...., . FI8Ia Halas Henning coyle Coletta 16 I 1 R1V RECE:It1ED OCT 0 1 2008 80arej of County Commissioners IMMOKALEE BEAUTIFICATION M.S,T.lJ, ADVISORY COMMITTEE August 27, 2008 Minutes I. Call to Order The meeting was called to order at 4:45 p.m. by Cherryle Thomas II. Attendance Members: William Deyo, Dorcas Howard, Cherryle Thomas, Andrea Halman (Absent), Lucy Ortiz (Absent) County: Darryl Richard - Project Manager, Caroline Soto - Budget Analyst Others: Mike McGee - McGee & Associates, Jim Fritchey - CLM, Weldon Walker - Code Enforcement, Darlene Lafferty -Mancan III. Approval of Agenda Add: IX. A. Appointment of Vice Chairman Cherryle Thomas moved to approve the Agenda as amended. Second by William Deyo. Motion carried unanimously 3-0. IV. Approval of Minutes - July 23, 2008 Dorcas Howard moved to approve the Minutes of July 23, 2008. Second by William Deyo. Motion carried unanimously 3-0. V. Transportation Services Report A. Budget - Caroline Soto distributed and reviewed. (See attached) o Available Operating Expense $31,795.18 o Budgeted Improvements General $1.086,300.00 - for Bentley Electric and Aim Engineering o Ad Valorem Tax $304,075.64 (collected) Cherryle Thomas questioned if the Waste Containers have been delivered. It was stated that a P.O. has been issued but the Containers have not been delivered to CLM. Mile. CoIreI: DIll: Item t: ~,'."iGC': L'\ 161 18 tV/ Discussions ensued concerning trash removal. It was stated that Immokalee Waste Disposal is responsible for trash removal and it was questioned who is responsible for overflow trash removal. It was noted the existing trash cans do not have liners and trash pickup is irregular. Jim Fritchey responded that CLM is only responsible for removal of overflow trash, "outside of the cans." Darryl Richard responded that liners will be ordered for the existing trash cans. B. Project Manager Report - Darryl Richard distributed and reviewed the following: (See attached) ~ (IMM - 16) CEI Services: Aim Engineering Proposal- Bentley Electric is assisting in Project activity ~ (IMM - 11) Roadway Maintenance Bid - Expires 9-12-10 ~ (IMM - 5) Phase IV - Lighting Project - Scheduled Completion date 12-25-08 ~ (IMM -17) Boundary Expansion Proposal - Addition of Parcels is under review VI. Transportation Maintenance Report - ClM - Jim Fritchey reported the following: Minor damage from Tropical Storm Fay i. 2 Trees are down (1 Foxtail and 1 Oak Trees) ii. Hanging Fronds Cherryle Thomas inquired if the pole (9th St.) has been replaced. Darryl Richard responded it is on order. iii. 1 Banner arm requires repair Darryl Richard acknowledged receipt of a CLM estimate for Foxtail Fertilization and gave verbal approval. VII. landscape Architects Report A. Report - Michael McGee o Storm damage Plant replacement is required (New Market Triangle) o Foxtail Fertilization is needed o Yellow Crown of Thorn is ready for installation o Suggested CLM empty trash cans without liners - on 1st ST. and Main ST. Christie Betancourt -CRA, reported complaints on the New Market Triangle corner concerning the line of sight for Trucks. Mike McGee responded that Landscaping is in compliance with FOOT standards. He noted that the Trucks need to slow down and yield. The question was posed if a light could be installed. It was determined that the poles and apparatus is in place. 2 acceleranon lane. It was recommencea to petitIon me t'UU I. Cherryle Thomas requested the CRA to Petition the FOOT for an acceleration lane. It was noted that matting for the Handicap ramp is needed. B. Paver options & cost - Conducting research on Irrigation Darryl Richard requested that Traffic Operations and the CRA be included in distribution of the Plans. VIII. Old Business - None IX. New Business A. Appointment of Vice Chairman Dorcas Howard nominated William Deyo for Vice Chairman. "1__:__'&':___ ___ _I___..J 0 '^':II:__ f"\............ :... ............ \/:....... ,..........:..___ 161 IBH Discussions continued and the suggestion was made to install an acceleration lane. It was recommended to petition the FDOT. Cherryle Thomas requested the CRA to Petition the FDOT for an acceleration lane. It was noted that matting for the Handicap ramp is needed. B. Paver options & cost - Conducting research on Irrigation Darryl Richard requested that Traffic Operations and the CRA be included in distribution of the Plans. VIII. Old Business - None IX. New Business A. Appointment of Vice Chairman Dorcas Howard nominated William Deyo for Vice Chairman. Nominations are closed & William Deyo is the Vice Chairman. Darryl Richard recommended the implementation of a Working Group and a volunteer to act as a point of contact for the Boundary Expansion Proposal. He will submit to the Committee via email a Parcel Map for review and recommendations, prior to the September 24, 2008 meeting. X. Public Comment - None XII. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:29 P.M. Immokalee Beautification MSTU Advisory Committee /J'i ~QA/ Cherryle \~/C7~1 qc:::; omas, Chairman These minutes approved by the Committee on as presented)( or amended (./-;)-4-0% The next regularly scheduled meeting is September 24, 2008 4:30 p.m. At the Immokalee Community Park 321 First Street South. Immokalee. FL 3 :;) I- co II) 0 :& N 0 N W CD .... ..... W ..J 0 N ~ Z - III :;) ~ 0 u. Cl :& ~ ~ <( 1 , ! 000 00 0'" "'0 0 000 00 ~"! .....0 '" 8gg uic:i ~..... ~cr) ~ ""..... O>~ .....0 N_O_'r"_ ~N M 0>..... N~~ ~Lti NID 0 .., ii" ::J .- ~ .. 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Zzo:::o::zlOc <(<(e::e::<(C)... e::e::<(<(e::wo ........uu....z... :J"'" UOUJ:SUo (Q...J ...Jzz!::: o:::>w :::;:<( <(<(-:::;:C)wenen ijj~(I)a::zma::zzC)z ffie::u~~~l5~!ii:5~~ It;;il-wzool-...J~X ....o....:I:C)<zZffi~e::w ouZQw:::;:<(<(>enwC) enen OwU "eno-o..Z wWGue::z~:i€w<(:::;:Oi= WWwo:::u..c(__C/)...,Ja::a::<c u..u..a::WI-OCI-t-Zc(wwa:: c)Cl-:I:en::::l:I:~wC):I::I:W zz~....o~C)e::~w""""o.. ww_OQ._:::il:l....J...Jooo Z W C) en>- ....:5 z.... w=> :::;:0 W...J ><( 0.... 8:0: :::;:<( _u a:: ...J l,.:J o e::O Z U o..U i= ~ Q..Ut-Z Z <(....enO :::) cn(l)ZU ~ ~ zzoe:: w ~en<(<(UO Cl oca::a:::a::LL.cnO owt-t-www::::) 1-u..1-1-u..>>a:I (/)(/)wW(I)D::D::..1 zzC)C)zww<( <(<(oo<(enen... e::e::=>=>e::wwo .......oooo...e::e::... ~NM~~~~~~~~~~~~~~~~2~~~~~~~~~~~~~~~~~ 161 1 P II August 27, 2008 Prepared by: Darryl Richard. Project Manger. Collier County Deparnnent of Alternative Transportation Modes Tessie Sillery. Operations Coordinator. Collier County Deparnnent of Alternative Transportation Modes Immokalee MSTU Project Status (IMM- 17) - ACTIVE - Darryl - Public Meeting - Proposed Ordinance Revision to add Lake Trafford area parcels. 3-26-08: Diane Flagg confirms that we are to bring item to BCC for approval. Staff to coordinate with MSTU Committee on scheduling Public Meeting. 4-23-08: No Quorum 5-28-08: Public Review of Proposed Boundary Expansion scheduled for May 28, 2008. 5-28-08 : Committee approved to put on BCC - their recommendation for expansion. 5-28-08: Item placed in the novus for BCC -June 10'" meeting. 5-29-08: MSTU Chairman requests item to be pulled from the bee agenda. 7-23-08: Staff provides map for Committee review at July 23, 2008 regular meeting. 8-27-08: Committee is to identify specific parcels for the request for boundary expansion. (IMM- 16) - AC liVE Darryl Phase IV - CEI Services; AIM Engineering Proposal. 2-27-08: AIM Engineering Proposal for inspection services for $66,710.00 received. Requires Committee Approval. 2-27-08: Committee Approved Scope. 3-26-08: Signature from AIM Engineering pending for processing Work Order. 5-9-08: Pending when NTP to Construction is given. 5-28-08: Current NTP is anticipated for 8-24-2008; AIM Engineering has been informed. 7-25-08: PO has been issued; waiting on PO tssue for Bentley Electric prior to NTP for CEI Services 7-25-08 Aim Engineering NTP to end November 22, 2008 (lMM-II) - ACTIVE-ONGOING -{POC: Tessie SiIlery) - Roadway Maintenance: BID #06-4008-- expires: 9-12-10 "Immokalee Beautification M.s.T.U./M.S.T.D. Roadway Grounds Maintenance"; Commerical Land Maintenance Contract 9-12-06: BCC Approval of Contract to-04-06: Notice to Proceed 10-t2-7: New Fiscal Year 07-08 - Notice to Proceed. 7-23-08: On going maintenance continues according to contract; Contract Expires on 9-12-10 (IMM-5) -ACTIVE -{FDOT JPA Grant) (POC: Darryl) - (FDOT Funding commitment: $300.00) SCHEDULE: Immokalee MSTU: Phase IV - Lighting Project (JPA Funding) (Hwy 29) Immokalee MSTU: Phase IV - Lighting Project (JPA Funding) (Hwy 29) FYI: - PHASE Start - End Date 100% Plan Submittal Revised 100% submittal- McGee FOOT Reciept of revised sheets FOOT Review FOOT NTP 21 DAY BIDDING 9/7/2007 10/24/2007 10/11/2007 1/14/08-2114/08 4/24/2008 5/5/08-615/08 I 161 18 \ I Deadline in Novus BID DUE BCC APPR County Process - Risk Mgt.- County Attorney NTP CONST 120 Day Substantial Completion 619/2008 6/512008 6/24/2008 approx. 2 months 7-25-08 7/25/08 to 12-25-08 Final Completion Date 12-25-08 UNDER DESIGN 100% COMPLETE-LIGHTING-tmmokalee Beatification Phase IV - Design (Consultant: Mike McGee)- Design Phase - 30% Completion; McGee & Assoc. Work Order for $76,944.02 issued NTP Oesign on 3/25/05. McGee 60% plans are to be reviewed by Staff and Set up FOOT pre-app meeting with Lisa in ROW. Note: LISA TUCKER TO SET FOOT PRE-APPLlCA nON MEETING OA TE. MCGEE TO FILL OUT FDOT FORM FROM LISA TUCKER. On Jan. 24. 2006 there is a meeting with McGee and Sub-Consultant to review plans for FOOT Pre-Application. 4- I 7-06 McGee to re-submit plans with corrected project number for review. 5- I -06; McGee & Assoc. is non-responsive in providing requested 60% plans 5-30-06 McGee & Assoc. submitted 60% 6-5-06 60% Plans submitted to Staff and FOOT for review. Review Pending. 6- 12-06: 60% plans under review by FOOT. 6-27-06: 60% plans under review by FOOT 7-18-06: 60% plans under review by FOOT 8-t6-06: 60% plans under review by FOOT 8-22-06: 60% plans Wlder review by FDOT 8-31-05: Email sent to Karen Miracolla for status of60% review. 9-25-06: PBS&J request information from McGee & Associates for project. 10- 18-06: Request to proceed with 100% plans submitted to FOOT 11-8-06: ~irection to McGee & Associates to proceed to 100% Drawing Submittal. I - I 7-07: Waiting on plans from McGee - t 00% plans are due into FDOT for this project 3-28-07: 100% plans delivered to FOOT for review. Approval is pending. 4-20-07 - revised schedule below 5- 14-07: Still waiting on FOOT. 5-23-07: Still waiting on FDOT 6-t t-07: FDOT has replied with comments - LA reviewing comments 7-23-07: McGee - pending Engineer - to answer photometric lighting comments from FOOT made. 8-22-07: McGee - waiting for comments and revised plans. 9-07-07: McGee submitted plans today. And plans will be submitted for FOOT review 9- I 1-07! 9-2 I -07: Updated plans from McGee - re- submittal to FOOT on 9-25-07! 10-24-07: Pending FDOT response 11-06-07: Pending FOOT response 12-10-07: McGee Plans re-submitting to FDOT. t-7-08: McGee revising plans as per FDOT comments - 100% plans pending. t -22-08: McGee completed 100% plans - to be forwarded to FDOT (min. 30days) 1-31-08: County submitted 100% plans to FDOT - Michelle Peronto. 2 161 18 1/ (IMM-3) ACTIVE - (Pac: Darryl) tmmokalee MSTU expanding their boundaries- SCHEDULE: Immokalee MSTU: Boundary Expansion Proposal 5-15-06-RLS sent to Scott Teach - to answer committee questions on expanding boundaries and procedure of expanding. 5-30-06 - in recent emails Scott Teach advises 50+ petitions to go before the board. 6-12-06: Committee to petition citizens for proposed change. - Staff has maps complete. 6-27-06; Confirmed with Scott Teach - yes 50%+ I required. 7-t8-06: Committee on 8-16-06 with Scott teach evaluation on proposal- committee is required to provide 50% + I petition - prior to proceeding with expansion of boundaries. 8-7-06: Kevin Lilly to provide assessed values and Dan Regan is to provide survey data for delineation. Scott Teach is working on sample petition. 8-16-06: Sample Petition Complete, Mapping Complete. County Attorney review and recommendation pending. 8-16-06: Due to No Quorum Committee Action not taken. Committee action required to approve petition and approval of funding for mailing of petition to residents. 9-20-06: Committee approved Sample Petition and Boundary Expansion and payment for mailing. Mailing is to have Spanish and Creole language. 10-30-06: Final Petition, Boundary. and List of Names/Properties sent to Scott Teach for review and approval. Required letter to residents is still pending, Committee Chairman Action required. 12-04-06: Review by committee chairman Rita Avilas pending 1-17-07: Rita to review and come back with comments at next meeting. Staff requires Committee approval for draft letter to residents prior to mailing. 1-24-07: Draft Letter distributed to committee to review and respond to item. 4-10-07: Revised tetter as of 3-28-07 Committee recommendations sent to Committee Chair for review/approval. 4-20-07: Schedule will be revised after 4-26-07 meeting: 5-]4-07: Pending approval from chairman 5-23-07: Requires Chairman /Committee approval.- committee approved letter in 3 languages 6-11-07: Requested for estimate for mailout - mancan 6-25-07: Scott Teach - Reviewing letters. procedure and answering Mancan's questions. 7-10-07: Dorcas Howard is reviewing the final draft of letters to add one-line statement for clarification regarding 'Respond by Date'. (August 15. 2007) 7-23-07: On 7-10-07 - County Attorney- Scott Teach - emailedstaff-..Yes.ltis my recommendation that you bring this to the BCC, perhaps through a member of the Advisory Committee, prior to taking any further action.". - MSTU will be meeting in September 07. 8-22-07: Committee to select member to attend BCC meeting and present before the board. 9-24-07: Committee to select member to attend BCC meeting and present before the board. 9-24-07: No Quorum Again - Only Miss Thomass was present. 10-24-07: Committee selected Cheryl Thomas to assist getting things done and speaking to community members and William to speak to bcc and introduce Darryl to speak. 11-28-07: No Quorum. 12-26-08: No meeting holiday 1-25-08: Committee did not discuss. but requested CRA Executive Director to attend and introduce herself. 3-25-08: Committee Chair asked BCC to come back to board and expand boundaries- BCC stated no need for petition. - tmmokalee mstu was not created with a petition. 5-29-08 : Committee Chair requested to pull item from BCC agenda. To be reviewed 6-25-08. 7-23-08: Staff provided map for Committee review during July 23. 2008 regular meeting. Parcels need to be verified by Committee for inclusion in boundary expansion proposal. 8-27-08: Committee is to identify specific parcels for the request for boundary expansion. 3 RECEIVED SEP 2 4 2008 MOilrrj of County CommissiOllers IM~i~,LEl:E ClA Community Redevelopment Agency iThe PI~ce to C~II Hamel 16i 1 B Id--v Fiala Halas Henning Coyle Coletta EZONE MEETING AGENDA eRA Governinl! Board Commissioner Donna Fiala Chair State Enterprise Zone Development Agency September 17,2008 - 9:30 to 9:45 AM Career and Service Center of Collier County-lmmokalee 750 South 5'" Street lmmokalee, Florida, 34142 Commissioner Tom Henning Commissioner James N. Coletta Commissioner Fred W. Coyle A. Commissioner Frank Halas State EnterDrise Zone Develooment Al!encv Board lEZDA) C. Fred N. Thomas, Jr. Chairman Denise Handapangota, PhD. Bernardo Barnhart Capt. Tom Davis Robert Halman Ex-officio Julio Estremera Kitchell Snow [fa Malamut Floyd Crews Ana Salazar Richard Rice Rick lleers Eva Deyo eRA Starr Penny Phillippi Executive Director 239.252.2310 Brad Muckcl Project Manager 239.252.5549 Christi Betancourt Administrative Assistant 239.252.2313 Call to Order. B. Roll Call and Announcement of Quorum. Adoption of Agenda. D. Approval of Minutes. Special Meeting - Workshop 08/11108 (Enclosure 1) Regular Meeting - 08/20/08 (Enclosure 2) Special Meeting - Workshop 08/29/08 (Enclosure 3) Communications. E. F. Old Business. 1. Brownfield Coalition - Report G. New Business. 1. Enterprise Zone Standard Operating Procedure (SOP) H. Citizen Comments l. Next Meeting October 15,2008 at 9:30 A.M. J. Adjournment ;.'.~.:.J.C~. J~ "pc' I' 1 ~~U ~td-- -....-,---,- .. 11\1",~,~U:t C9,A Community Redevelopment Agency iThe P!'1ce to c'1ll Hamel 16 IBId-- / Enclosure 1 RECEIVED SEP 2 4 2008 MINUTES Enterprise Zone Development Agency Special Meeting Workshop August I 1,2008-4:30 P.M. Board of County Commissioners A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 4:45 P.M. B. Roll Call and Announcement of a Ouorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Jr., Rick Heers, and Bernardo Barnhart. Advisory Board/EZDA Members Absent/Excused: Kitchell Snow, Eva Deyo, Richard Rice, Ana Salazar, Denise Blanton, PhD., Julio Estremera, Floyd Crews, Ira Malamut, Tom Davis, and Robert Halman. Action: After the roll call, the Chairman declared the EZDAfailed to achieve quorum. Others Present: Edward (Ski) Olesky, Kim Walker, and Mel Reinhart. Staff: Penny Phillippi, Christie Betancourt and Bradley Muckel. C. Special Meeting Business. Florida Department of Environmental Protection Brownfield Presentation. Kim Walker, Brownfields Liaison of the Florida Department of Enviromental Protection and Mel Reinhart, Brownfields Coordinator, South District Florida Department of Enviromental Protection provided a PowerPoint presentation on productive Brownfields in Florida. A question and answer session followed. D. Citizen Comments. E. Next Meeting Date September 17,2008 at 8:30 A.M. F. Adjournment - This meeting was adjourned at 5:50 P.M. Mise Corres Date - ,(v\(v\; KAi.fE '.1<.;\ CnrmnurJlty Redcvelopmcnt Agency i The Phce to elll flol1)('1 161' 18 Ii>- Certification of Minutes Approval Form Prena~d bv: f") ~ Approved by: 1;e;1I1~ l;h~~ppi,' FX:~I;ti~~til:~~;; I " I' lllllllokal'cc Community Redevelopment Agency Fred N. Thomas, Jr.. Chairn1111J These Minutes for the August 20, 200S, CRA Advisory Board/EZI>A/IMPVC Meeting, August 11, 200S, f:ZnA Special Meeting and August 29, 2008, EZnA Special Meeting were approved by the eRA Advisory Board/EZI>A/lMPVC Committee on September 17, 200S, as presented. * The next joint Advisory Board/EZDAIlMPVC meeting will be held October15. 2008, at 8:30A.M. at the Career and Service Center located at 750 South 5i11 Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5'" Street in lmmokalee and will be appropriately noticed and mmounced in advance of such meetings. All meetings will be publicly nut iced in tbe W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please call Christie BetancOlu1, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at Icast 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the eRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalcc Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters corning before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. 1:~~Uff C~ Commu~ity ReJeveleJpment Agency iThe PI~ce to c~11 Hamel "FCEIVED SEP 2 It 2008 16 lIB 1;1- Enclosure 2 Fiala OF/~ Halas = ~j.1 .<tJ Henning Coyle Coletta ..... ./ l:Iudr'd ot County Commissioners MINUTES Enterprise Zone Development Agency August 20, 2008 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 10:50 A.M. B. Roll Call and Announcement of a Ouorum. Advisory BoardlEZDA Members Present: Fred N. Thomas, Jr., Richard Rice, Rick Heers, Ana Salazar, Kitchell Snow, Eva Deyo, Denise Handapangoda, PhD., Robert Halman, Floyd Crews, Ira Malamut, and Bernardo Barnhart Advisory Board/EZDA Members Absent/Excused: Captain Tom Davis, Julio Estremera and one vacancy Action: The Chairman declared a quorum. C. Adoption of Agenda. Action: Mr. Heers moved to adopt the Agenda, Mr. Crews seconded the motion and the Agenda was adopted by unanimous vote. D. Approval of Minutes. July 16,2008 Action: July /6, 2008 meeting Minutes were approved by unanimous vote after a motion to approve by Mr. Heers and second by Mrs. Deyo E. Communications. F. Old Business. 1. Brownfield Training and Technical Assistance. Ms. Phillippi introduced Mr. Charles Ray, Vice President Government lnitiatives/Browntields PPM Consultants, Inc., as one of the leading environmental consulting and engineering firms in the Southeast. Mr. Ray made a presentation on the benefits of forming a Brownfield as well as presenting the available federal programs. He also discussed forming a County-wide coalition and answered questions. G. New Business. I. EZone Contact Person. CRA staff is finalizing the Executive Summary for the BCC. 2. Ouarterlv Report. Staff provided a copy of the Draft Quarterly Report. Action: Mrs. Deyo made a motion to approve the Quarterly Report, Mr. Crews seconded the motion and the motion was approved by unanimous vote. H. Citizen Comments. I. Next Meeting Date Special Meeting August 29, 2008 at 10:00 A.M. J. Adjournment - This meeting was adjourned at 11 :30 A.M. MIsc. Carres: Date: item # 161 181d- !MM: KJ.\IJT IJ.?./\ (Olrlflllltllty Rcdcvelo['IlJCnt A<jctJcy iThc ph,:c to Cllll.IOIlJCI Certification of Minutes Approval Form Prepal'fd by: Approved by: / / ~' ';;. i ," ,L 1/''/ / ' fi~/_/A... 1>enny PhjH-ippi. F~xccutivS,:Oji~ctor I III III okalcc Community Redevelopment Agency \. Fred N. Thomas. Jr.. Chainn'an These Minutes for the August 20, 2008, CRA Advisory Hoard/EZDA/IMPVC Meeting, August 11,2008, F:ZDA Special Meeting and August 29, 2008, EZDA Special Meeting were approved by the CRA Advisory Board/EZDA/lMPVC Committee on September 17,2008, as presented. * The next joint Advisory Board/EZDAlIMPYC meeting will be held October 15. 2008. at 8:30A.M. at the Career and Service Center located at 750 South 5111 Strect inlmmokalee. ** There is no scheduled IMPYC meeting at this time. Further meetings will be held at 5:30 P.M. at the Carccr and Scrvice Center located at 750 South 5[h Street in Immokalec and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalec Public Library and provided to the County Public Information Department f'(Jr distribution. Please call Christie Betancourt, Administrative Assistant, at 239-252-2313 fIX additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the hnmokalee Master Plan and Visioning Committee and the eRA Advisory Board arc also members of the other Boards and Committees, including, but not limited to: ElDA, Immokalee Local Redevelopment Advisory Board, Immokalce Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. '1~ii:Ei(~ Community Re~evelopment Agency iThe pl<1ce to C<111 Hamel RECEIVED SEP l. 3 2008 16j 1B I~ v Boam of County Commissioners Flaia Halas Henning Coyle Coletta MINUTES Enterprise Zone Development Agency Special Meeting Workshop August 29, 2008-10:00 A.M. A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 10: I 0 A.M. B. Roll Call and Announcement of a Ouorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Jr., Floyd Crews, Eva Deyo, and Richard Rice. Advisory BoardlEZDA Members Absent/Excused: Kitchell Snow, Richard Heers, Bernardo Barnhart, Ana Salazar, Denise Handapangoda, PhD., Julio Estremera, Ira Malamut, Tom Davis, and Robert Halman. Action: Afier the roll call, the Chairman declared the EZDA failed to achieve quorum. Others Present: Ron Zimmerly Staff: Penny Phillippi, Christie Betancourt and Bradley Muckel. C. Special Meeting Business. 1. EZone Training and Technical Assistance. Ron Zimmerly provided insights for operation of a successful EZone program. He reviewed and provided handouts for the following incentives: a. Statewide Incentives. b. Building Materials Sales Tax Refund: Rural and Urban Enterprise Zone. c. Jobs Tax Credit (Corporate Income Tax): Rural Enterprise Zones. d. Jobs Tax Credit (Sales Tax): Rural Enterprise Zones. e. Business Equipment Sales Tax Refund: Rural and Urban Enterprise Zones. f. Application for Refund-Sales and Use Tax. D. Citizen Comments. E. Next Meeting Date September 17,2008 at 8:30 A.M. F. Adiourml1ent - This meeting was adjourned at I I :00 A.M. Mise 'vorres: Date fer1 jl' 161 1 B 1;)- IMMOKALEE eRA Community Redevelopment Agency j The Plqce to cqll Home' Certification of Minutes Approval Form preUd by: ;- I' , // Approved by: _ <: /) '\ " -1-- C~":,( Fred N. Thomas, Jr., Chairm These Minutes for the August 20, 2008, CRA Advisory BoardlEZDAlIMPVC Meeting, August 11, 2008, EZDA Special Meeting and August 29, 2008, EZOA Special Meeting were approved by the CRA Advisory Board/EZDA/IMPVC Committee on September 17, 2008, as presented. * The next joint Advisory BoardlEZDAlIMPVC meeting will be held October15, 2008, at 8:30A.M. at the Career and Service Center located at 750 South 5th Street in lmmokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5th Street in lmmokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F). posted at the tmmokalee Pubtic Library and provided to the COWlty Public Infonnation Department for distribution. Please call Christie Betancourt, Administrative Assistant, at 239-252-23 \3 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees. including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission, and the Collier COWlty Housing Authority; etc. In this regard. matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. eRA Governin!! Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissioner James N. Coldta Commissioner Fred W. Coyle Commissioner Frank Halas CRA Advisorv Board Fred N. Thomas, Jr Chairman Denise Handapangota, Pho. Bernardo Barnhart Capt. Tom Davis Robert Halman Ex-otlicio Julio Estremera Kitchell Snow Ira Malamut Floyd Crews Ana Salazar Richard Rice Rick Heers Eva Deyo CRA Staff Penny Phillippi Executive Director 239.252.2310 Brad Muckel Project Manager 239.252.5549 Christi Betancourt Administrative Assistant 239.252.2313 RECEIVE~~Hl CiA SEP 2 ~<2fijV'unity Redevelopment Agency 'iThe Pl'1ce to ('111 Home' Hoard of County Commissioners 161 CRA MEETING AGENDA Community Redevelopment Agency Advisory Committee Fiala Halas Henning Coyle Coletta September 17,2008- 9:45 to 10:30 AM Career and Service Center of Collier County-Immokalee 750 South 5th Street, Immokalee, Florida, 34142 A. Call to Order. B. Roll Call and Announcement ofa Quorum. c. Introductions. D. Adoption of Agenda. E. Approval of Minutes. Regular Meeting August 20, 2008 (Enclosure 1) F. Communications. G. Consent Items. Draft Impact Fee Reimbursement Program - Distributed in August - Call for Vote (Enclosure 2) H. Old Business. - Time Limit 20 minutes 1. County Code Enforcement Monthlv Highlights in Immokalee. 2. Redevelopment of the State Farmer's Market. 3. Status of SR 29 Bvpass Proiect Schedule. 4. East of 951 Infrastructures and Services Studv. 5. DRI Proiects in the lmmokalee Area. a) Tradeport DRI South of Airport b) Big Cypress DRI 6. Empowerment Alliance of South Florida and Florida Non-Profit. - Update 7. Commercial Facade Improvement Program.- Update 8. Collier Countv CDBG DRI Housing Program. - Final Report I. New Business 1. CRA/BCC actions taken on Recommendations of the Advisory Board. September 9, 2008 Meeting - Recap a. Mr. Guerrero b. HCP 2. Downtown/Public Realm Plan. - Change Order to RWA Contract Call for motion and recommendation to CRA. 3. Robert Soter Resignation from August Agenda. Jim Wall. Director of Business Development will apply to be the Workforce Development Board representative. Misc. CO~SI. DatejJ)+~ :tp, lloJ: L l)R13 16 1B/3 4. Personnel Policies and Procedures Draft from aUl!.Ust Al!:enda. (Enclosure 3a-c) 5. Relluest to review CRA agendas. (Enclosure 4) 6. RW A Invoice. (Enclosure 5) J. Citizen Comments. K. Next Meeting Date. October 15, 2008 at I 0:00am L. Adiournment . The next joint Advisory BoardlEZDAlIMPVC meeting will be hetd October 15. 2008, at 8:30 A.M. at the Career and Service Center located at 750 South 5th Street in Immokatee. .. There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30pm at the a place to be announced in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department for distribution. Please Christie Betancourt, Administrative Assistant, at 239.252.2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board, Immokalee Fire Commission. and the Collier County Housing Authority; etc. In this regard, matters coming before the IMPVC and the Advisory Board may come before one or more of the referenced Board and Committeesffrom time to time. 2 CRA Governinl! Board Commissioner Donna Fiala Chair Commissioner Tom Henning Commissioner James N. ColeUa Commissioner Fred W. Coyle Commissioner Frank Halas eRA Advisorv Board l!. State Enterorise Zone Al!encv Board Fred N. Thomas, Jr. Chainnan Denise Handapangod a, PhD. Bernardo Barnhart Capt. Tom Davis Robert Halman Ex-officio Julio Estremera Kitchell Snow Ira Malamut Floyd Crews Ana Salazar Richard Riee Rick Hcers Eva Deyo Master Plan & Visioniol! Committee Fred N. Thomas, Jr. Chainnan Edward (Ski) Olesky Clarence S. Tears, Jr. Pastor Jean C. Paul James Guerrero Carrie Williams Floyd Crews Rick HeeTS Dick Rice eRA Staff Penny Phillippi Executive Director 2392522310 Bradley Muckel Project Manager 239.2525549 Christie Betancourt Administrative Assistant 239.252.2313 RECEIVED IMMOKALEE eRA SI=P 24 2008 (om,?,unity Redevelopment Agency - I The Pl'1ce to ('111 Hamel 130ald of Count'lj Commi:aSioncrs 161 18/3 Fiala OFIrJ1=-- Halas ~ Henning / Coyle Coletta ~ / JOINT MEETING AGENDA lmmokalee Master Plan and Visioning Committee And Community Redevelopment Agency Advisory Committee September 17,2008- 8:30 to 9:15 A.M. Career and Service Center of Collier County-Immokalee 750 South 5th Street, lmmokalee, Florida, 34142 A. Call to Order. B. Roll Call and Announcement of a Ouorum. C. Introductions. D. Adoption of Agenda. E. Approval of Minutes. Regular Meeting August 20, 2008 (Enclosure 1) F. Communications. EmaiI from Joe Schmitt G. Consent Agenda LDC Amendments proposed by Compo Planning (Enclosure 2, 2a, 2b) - Call for Vote H. Old Business. 1. Update on Immokalee Area Master Plan Review Process/LDC Update Process. Time Limit 20 minutes a. R W A Monthly Report (Enclosure 3) b. Revised Proposal for Downtown/Public Realm Plan (Enclosure 4) C. Transportation Study/Plan- Bill Oliver, Tindale Oliver & Associates d. Status of Interim LDC Amendments e. Distribution of Draft Master Plan Tentative Public Workshop for presentation/discussion 09/25-5:30 PM 2. Habitat Conservation Plan - Report 3. Pepper Ranch Time Limit 20 minutes Alexandra J. Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Management Department 4. Red Flag Svstem - Open for Discussion a. Mr. Herrera - update b. Immokalee Shell I. New Business. I. Sunshine Law Notices. a. Public Notice (Enclosure 5) 2. TODS Citizen Committee. - No Report 3. Seats on the lMPVC. a. Mr. Guerrero Action b. Ms. Brown - Call for vote to recommend (Enclosure 6) J. Citizen Comments. K. Next Meeting Date. Public Workshop September 25, 2008 - 5:30 PM - Tentative Regular Meeting October 15,2008 at 8:30 AM L. Adiournment Misc. Corres: Date ---- ::-,::l,.-",j' IMMOKALEE eRA (omm.u(:)ity Redevelopment Agency i The Pl'1ce to ('1[1 Home' ;';'FCEIVED SEP 24 2008 Fiala Halas Henning - I Coyle Coletta v MINUTES Community Redevelopment Agency Advisory Committee August 20, 2008 -;'kH(1 (11 County Commissioners A. Call to Order. The meeting was called to order by Fred N. Thomas at 9:50 A.M. B. Roll Call and Announcement of Quorum. Advisory Board/EZDA: Advisory Board/EZDA Members Present: Fred N. Thomas, Jr., Richard Rice, Rick Heers, Ana Salazar, Kitchell Snow, Eva Deyo, Denise Handapangoda, PhD., Robert Halman, Floyd Crews, Ira Malamut, and Bernardo Barnhart. Advisory Board/EZDA Members AbsentlExcused: Captain Tom Davis, Julio Estremera and one vacancy.. Action: A quorum was announced as present. Others Present: Noah Strandridge, Brooke Gabrielsen, Tracy Crowe, Bob Mulhere, Patrick Vanasse, Charles Ray, and Matt Hudson. Staff: Penny Phillippi, Brad Muckel and Christie Betancourt. C. Introductions. D. Adoption of Agenda. Action: Mr. Rice moved to adopt the Agenda, Mr. Crews seconded the motion and the Agenda was adopted by unanimous vote. E. Approval of Minutes. July 16,2008 Action: Mr. Rice moved to approve the July 16, 2008 Minutes, Mr. Heers seconded the motion and the Minutes were approved by unanimous vote. F. Communications. 1. Newspaper Articles. 2. Land Design Innovation Promotional Package. 3. Lands Available List The Advisory Board Members instructed CRA staff to provide a list of all available property for lease or for sale by email.Mr. Rice requested a copy be sent to the lmmokalee Chamber of Commerce. 4. F AC News & Notes G. Consent All:enda Items. H. Old Business. I. 41st Annual Florida Governor's Conference on Tourism. Staff reported that we are unable to attend this training because it was too late to get approval from the CRA Governing Board. Please remove this item from your calendars. 2. Florida Redevelopment Association 2008 Annual Conference. Staff informed the Committee that this is the final call for names of all who plan to attend the FRA Annual Conference. The Chairman, Fred Thomas Jr., confirmed he will attend. Staff hopes to take the request to the CRAlBCC on September 9th in order to complete purchase order, travel, etc. in time for the October meeting. Mise Corres: Date: ~_.,-,.--..- 16l. 181, 3. County Code Enforcement Monthly Highlights in Immokalee. Kitchell Snow, Code Enforcement Supervisor made a brief report on Tropical Storm Fay with emphasis on health, safety, welfare and code compliance. 4. Redevelopment of the State Farmer's Market. Staff reported that they spoke to Mr. Craig Christ of the Florida Department of Agriculture on Friday, August 8, 2008. The dollar amount that FEMA offered was not enough to replace all of the building so the Department of Agricultural has filed a formal appeal. No other information is available. 5. Status ofSR 29 Bypass Proiect Schedule. Bradley Muckel provided a report on the Florida Department of Transportation Meeting on August 7, 2008. 6. East of951 Infrastructures and Service Study. Mr. Rice made a report and announced the next meeting at the Collier County UF/IFS Extension Education & training Center located at 14700 lmmokalee Road on September 8, 2008 at 7:00 P.M. * Mr. Olesky requested a letter to be drafted to the MPO to thank them for repaving State Road 82 to the Hendry County line at State Road 29. Action: Mr. Crews made a motion to send a letter to the MPO department to thank them for repaving the road. Ms. Salazar seconded the motion. The motion was passed by unanimous vote. 7. Immokalee CRA Office. Staff provided a photo of the entry into the lmmokalee CRA office. 8. New Proiects in the Immokalee Area. a. Haitian Bakery - Ce Bien Haitian Bakery is now opened. b. Tradeport DRI South of Airport - Brooke Gabrialsen, Planner for Wilson Miller stated there is nothing new to report. c. Big Cypress DRl - No report. d. Family Dollar Store - No report. e. Housing Authority Update - No update. 9. Empowerment Alliance and Florida Non Profit Services. No report. 10. Reauest for support from the Church of the Nazarene. No report. I I. Commercial Facade Improvement Program. Bradley Muckel provided outreach to area businesses early in August. He has distributed applications to many local businesses. He also reported 10 businesses that he visited are owned by the Blocker family and are leased by the business owner. The lessees were reluctant to apply for the grant, unsure on how the leasers would view the action. 12. Immokalee CRA Web Page Report. Staff reported that the web page is up and running and provided the web site address. 2 161 1BI3 13. Collier County COBG DR! Housing Program. Christie Betancourt reported that she has distributed 92 applications and provided direct application assistance to 87 households. Of those, 17 of the applications were 100% complete and have been conveyed to the Collier County Housing Department. I. New Business 1. CRAlBCC actions taken on Recommendations of the Advisory Board. July 22,2008 Meeting- All items were approved. 2. Draft Impact Fee Reimbursement Program. Staff newly developed economic incentive program wherein a business would be able to apply for reimbursement of 50% of the Impact Fees they paid into the County from CRA nF funds. The chairman asked members to review the program and provide comments to staff. 3. Town Design Prooosal.- Change Order to RW A Contract Staff requested the CRA Advisory Board approve and recommend the proposed Addendum to the RWA Contract to the CRA Governing Board. This Addendum essentially allows the CRA to develop the Town Design while developing the Land Development Codes for lmmokalee. The chairman asked RWA to remove the Farm Market task from the Addendum proposal and bring a new proposal and timeline to the September 17, 2008 CRA Advisory Board meeting. 4. September 2009 lmmokalee Cultural Festival. Staff requested instruction to develop a Request for Proposal for a festival planner. This solicitation would be for services to provide special event planning for a Cultural Festival in the Irnmokalee Community Redevelopment Area Action: Dr. Handapangoda made a motion to instruct staff to develop a Request for Proposal for a Festival Planner. Ms. Salazar seconded the motion. The motion was passed by unanimous vote. * Action: Dr. Handapangoda made a motion to instruct staff to reevaluate the agenda format. Mr. Malamut seconded the motion. The motion passed by unanimous vote. 5. Robert Soter Resignation email. Staff reported on the resignation of Mr. Soter and tabled the letter of appreciation that was sent. Action: Ms. Salazar made a motion to table this item to the next meeting. Mr. Malamut seconded the motion. The motion passed by unanimous vote. 6. Personnel Policies and Procedures Draft. Ms. Phillippi provided the draft copy on personnel policies and procedures modeled after those written by legal staff for Sue Filson's shop. These policies and procedures allow for fair treatment and a grievance procedures for employees who are not "county" employees under the County Manager. 3 16 18 13 Action: Mr. Heers made a motion to table this item to the next meeting. Mr. Crews seconded the motion The motion passed by unanimous vote. J. Citizen Comments. K. Next Meeting Date. September 17,2008 at 8:30 A.M. L. Adiournment The meeting was adjourned at 10:55 A.M. * Items not on the Agenda where an action was taken. 4 ,/VI/VI'. kAIFEt R/\ COIJIllJIJIJity Redevelo[mlCnt A'jeIKY iThe Phce to c.111110IlJe' 16 1813 Ccrtificntion of Minutes Approvnl Form Prcpa1'fd by: Approved hy: 1:e;1I1~~h$iPPi,' FX:~~ti~~:6i1;~~~~ I ,~ i" lmmokafcc Community Redevelopment Agency Fred N. Thomas, Jr., Chairman Thesc Minutes for the August 20, 200S, CRA Advisory Hoard/EZI)A/IMPVC Meeting, August II, 200S, EZI)A Special Meeting and August 29, 200S, EZUA Special Meeting wcrc npproved by the CRA Advisory HonrdfEZUA/lMPVC Committee on September 17, 200S, ns presented. * The next joint Advisory Board/EZDA/IMPVC meeting will be held Octoher15, 2008. at 8:30A.M. at the Career and Service Center located at 750 South 5th Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 5th Street in Immokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building F), posted at the Immokalee Public Library and provided to the County Public Information Department fi:lr distribution. Please call Christie Betancourt, Administrative Assistant at 239-252-2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members or the Immokalee Master Plan and Visioning Committee and the CRA Advisory Board are also members of the other Boards and Committees, including, but not limited to: EZOA, Immokalee Local Redevelopment ^dvisory Board, Immokalce Fire Commission, and the Collier County Housing Authority; etc. In this regard, matters corning befiJfc the I MPVC and the Advisory Board may come before one or more of the referenced Board and Committees from time to time. . IMMOKALEE eRA Community Redevelopment Agency i The Pl'1ce to ('111 Homel RECEIVED SEP 2 4 2008 161 1 B 1) ~ j Count') ccrr,r,".-.;"i....i5 80al C u Fiala Halas Henning Coyle Coletta JOINT MEETING MINUTES Immokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Committee August 20, 2008 A. Call to Order. The meeting was called to order by Fred N. Thomas, Jr. at 8:45 A.M. B. Roll Call and Announcement of a Quorum. Advisory Board/EZDA Members Present: Fred N. Thomas, Jr., Richard Rice, Rick Heers, Ana Salazar, Kitchell Snow, Eva Deyo, Denise Handapangoda, PhD., Robert Halman, Floyd Crews, Ira Malamut, and Bernardo Barnhart. Advisory Board/EZDA Members AbsentlExcused: Captain Tom Davis, Julio Estremera and one vacancy. Action: A quorum was announced as being present. lmmokalee Master Plan and Visioning Committee. IMPVC Members Present: Fred N. Thomas, Jr., Rick Heers, Edward (Ski) Olesky, Carrie Williams and Richard Rice, Floyd Crews, and Rev. Jean Paul. IMPVC Members AbsentlExcused: James Guerrero, and Clarence A. Tears and one vacancy. Action: A quorum was announced as being present. Others Present: Noah Strandridge, Brooke Gabrielsen, Tracy Crowe, Bob Mulhere, Patrick Vanasse, Charles Ray, and Matt Hudson. Staff: Penny Phillippi, Brad Muckel and Christie Betancourt. C. Introductions. Each person introduced themselves. Dr. Handapangoda announced her name changed as she has remarried. She also announced that English as a second language classes are available at Jubilations under the auspices of Hodges University. D. Adootion of Agenda. Action: The Agenda was adopted unanimously upon a motion by Mr. Heers that was seconded by Mr. Rice. E. Aooroval of Minutes. July 16.2008. Action: The July 16. 2008 minutes were approved unanimously with one spelling correction upon a motion by Mr. Crews and a second by Mr. Rice. F. Communications. CRA staff requested members review the contact list so updates can be inserted. G. Old Business. I. Update on lmmokalee Area Master Plan Review Process/LDC Update Process. a. CRA staff read a brief report of the RWA project monthly report. Noah Standridge and Mr. Mulhere of RWA, Inc. also made a brief report and answered questions. Attachments were discussed at length. 2. IMPVCIHCP - Update. Misc. COffes Mr. Crews attended the August 13,2008 meeting and reported that a draft letter was prepared and will be conveyed to all the environmental regUJaWI}'. agencies. 161 181? 3. Red Flag Issues. a. CRA staff reported that the Hatchers Preserve issue has been resolved. b. CRA staff reported that Mr. Herrera obtained an occupational license for a retail clothing store. Mr. Herrera is still determined to open a Taco Stand at 200 Boston Avenue and is having problems due to the non-conforming lot. Action: Mr. Crews made a motion to instruct staff to a"ange a delegation to meet with County staff to help Mr. Herrera with his non-coriforming lot. Mr. Rice seconded the motion. The motion passed by unanimous vote. c. Rev. Jean Paul of the Church of the Nazarene requested information on how to get on the Board of County Commissioners September 23, 200S Agenda. Staff, was instructed to provide Rev. Paul with the information. H. New Business. I. Sunshine Law Notices. Staff reported the following: a. The Notice of all known meetings where two or more members of the Immokalee committee plan to attend was sent out on the first of August. b. Staff requested that each member review the spreadsheet once again and ensure staff that they have captured all the committeeslboards that need to be noticed. c. An appointment has been set with Richard Akin, Executive Director of Collier Health Services, Inc. to address the noticing of board meetings. 2. TODS Citizens Committee Meeting Minutes Ms. Phillippi requested Committee members review the August 3, 2008 minutes and provide suggestions. Committee members, by consensus, directed staff to use the correct name for the Collier County Pioneer Museum as opposed to Roberts Ranch and Museum. 3. Seats on the IMPVC Three items: a. Staff reported that a memorandum was sent to Sue Filson in reference to Mr. Guerrero's tenure on the IMPVC. No action will be taken by the BCC/CRA until 9/09/08. Therefore, Mr. Guerrero is still otlicially a member of this committee. b. Staff reported that Ms. Pam Brown has submitted an application to serve on the lMPVC. The vacant position was advertized until the 17th. Staff is waiting for otlicial notice from Sue Filson before asking for a recommendation to take to the CRA Governing Board. c. Staff attached a memorandum which was sent to Sue Filson in reference to Mr. Puente. Staff suggested that Mr. Puente should be encouraged to send in a new application as soon as he has registered to vote in Collier County. I. J. K. Citizen Comments. Next Meeting Date. Adjournment. September 17, 2008 at 8:30 A.M. lbis meeting was adjourned at 9:50 A.M. 2 MM;.;KA!J~f: I.RA (olf)tnlltllly Redevclopnwnl AcJeney i The pl",.c (0 elll rlon Wi 161 181-3 Certification of Minutes Approval Form Prepa1Fd by: Approved by: / ../.,-cL_i ~_~ i " I fI../:..l.,(_ 1'cnny Phi<!tippi. ExccutivsDjiector Il11l11okake Community Redevelopment Agency Fred N. Thomas. Jr.. Chainn'an These Minutes for the August 20, 2008, eRA Advisory Board/EZDA/IMPVC Mecting, August 11,2008, EZDA Special Mceting and August 29, 2008, EZDA Special Mceting wcre approved by the CRA Advisory Board/EZDAllMPVC Committee on September 17, 2008, as prcsentcd. * The next joint Advisory Board/EZDA/IMPVC meeting will be held October I 5. 2008. at 8:30A.M. at the Career and Service Center located at 750 South 5'h Street in Immokalee. ** There is no scheduled IMPVC meeting at this time. Further meetings will be held at 5:30 P.M. at the Career and Service Center located at 750 South 51h Street in lmmokalee and will be appropriately noticed and announced in advance of such meetings. All meetings will be publicly noticed in the W. Harmon Turner Building (Building Fl, posted at the Irnrnokalee Public Library and provided to the County Public Information Department tbr distribution. Please call Christie BetancOllli, Administrative Assistant, at 239-252-2313 for additional information. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Christie Betancourt, Administrative Assistant, at least 48 hours before the meeting. The public should be advised that members of the Immokalet~ Master Plan and Visioning Committee and the eRA Advisory Board arc also members or the other Boards and Committees, including, but not limited to: EZDA, Immokalee Local Redevelopment Advisory Board. Immokalcc Fire Commission, and the Collier Count.y Housing Authority: etc. In this regard, matters corning before the IMPVC and the Advisory Board may corne before one or more of the referenced Hoard and Committees from time to time. FI81a Halas Henning Coyle Coletta 16). 1 B It} RECEIVr:O OCT 0 8 2008 ..( 80ard of County Commissioners ISLES OF CAPRI FIRE/RESCUE ADVISORY BOARD MEETING MINUTES SEPT. 10,2008 ISLES OF CAPRI FIRE STATION ATTENDEES: Emilio Rodriguez, Fire Chief Kirk Colvin, Chairman Joseph Langkawel, Advisory Board Member Bill Rafeldt, Advisory Board Member Ted Decker, Advisory Board Member Jim Gault, Advisory Board Member Barbara Shea, Minutes Preparer I. CALL TO ORDER Kirk Colvin opened the meeting at 6:40 p.m. II. OLD BUSINESS A. Chiefs Report B. July 2008 Advisory Board Meeting Minutes I. Copy of Minutes distributed. 2. Minutes approved by all Advisory Board Members. 3. Kirk Colvin approved and signed July 2008 Minutes. C. Update on the August Steering Committee Meeting I. Merger Committee presented updated draft of consolidation study. 2. Discussed next steps in the consolidation study process. a. Identify sources of funds for a consultant. b. Compile a "Request for Proposal" for the consultant. 3. Presentation of new annual dues to be assessed. a. The dues for each voting member will be $910. b. Non-paying members will cause these dues to be adjusted higher. c. City of Marco, City of Naples & EMS have refused to pay these dues. d. Chief Rodriguez & Joe Langkawel recommend ICFD not paying. I. Chief Rodriguez reflected his conversation with Chief Page. a. Chief Page has discussed these due~~ Ochs. b. Leo ?chs has stated that no county &it ~h.qujd P!llI.~ 2. Payment entities each dept. to one vote. .~thtl!?) 3. Nonpayment does not prevent attendance'ltemt.~I~ Copies to 161 18 If e. ICFD paid $70 in annual dues in prior years. 4. Presentation of annual budget of $ 11,000 presented to the members. a. Includes expense for advertising the monthly meetings. b. Includes expense for website maintenance. c. Includes a reserve established for future legal fees. d. Includes a large expense of $6000 for the meeting's facilitator. 5. Members will relook at the budget & the need for a facilitator. D. Update on the CPQ submitted to HR for Barbara Shea I. Don Albonesi has completed his review of her CPQ submitted in May 2008. 2. Don Albonesi performed additional tasks to complete his study. a. Barbara Shea was shadowed by Don for 4 hours. b. Chief Rodriguez was thoroughly questioned on Barbara's duties. 3. Don Albonesi has decided that Barbara Shea is properly classified. a. Don never processed Barbara's CPQ. b. Dan Summers is meeting with Don to discuss his conclusion. 4. Any comments by Dan Summers will be forwarded to each Board member. III. NEW BUSINESS A. Letter to the Fire Districts on consolidation from Mr. Summers/Mr. Ochs. I. More information on "emergency management" is being requested. 2. A consolidation consultant is strongly recommended. 3 . Availability of grant funds of $1 00,000 for the consultant is reiterated. 4. Preference of Ind. Fire Districts: Consultant fee to be paid by all fire districts. B. Tropical Storm Fay I. Successful preparations & evacuations were completed. 2. One engine was staged at Aversana on Mainsail Drive. 3. Generator failed after one hour of use. a. Vendor upgraded the board and resealed the board. b. Failure due to an engineering flaw in the design ofthe board. 4. ICFD sustained no damage. C. The next ICFD Advisory Board meeting will be Oct. 2. IV. ADJOURNMENT The meeting was adjourned at 7:35 p.m. Approved: /-7 -:' - Date: [0/"2-/00 161 18 f~ ISLES OF CAPRI FIRE / RESCUE ADVISORY BOARD AGENDA September 10, 2008 CHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS Steering Committee update NEW BUSINESS Merger letter from Dan Summers Barbara '8 CPQ update 16i 18 tLt CHIEF'S REPORT Aug 5, 2008 OPERATIONS REPORT Isles of Capri Fire I Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average response time of3 to 4 minutes. From 8:00 a.m. to 8:00 a.m., a minimum of at least four fully state certified Firefighters are assigned to the fire station. Additionally, the Isles of Capri Fire I Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire I Rescue Department welcomes citizens to stop by the station for free blood pressure checks. We also provide home and condo fire prevention inspections, along with CPR classes. "'UPDATES'" Isles of Capri Fire I Rescue is now an Advanced Life Support Provider (partnership with EMS) li/i#Dlstfi61.;ilbi'it!!iifiil1lStiicf EfM6hffltii't6t.ii1 ilMtOi?1 ~ I 5 o Ambulance Calls Vehicle Accidents Medical Assists 3 o o o 1 Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist 0 0 0 0 0 0 0 17 0 0 0 0 0 0 0 1 0 0 0 0 1 o o I 2 o o , 3 o o 11 14 o I Total I ~'.'i)11tili4.3;.iiiI1i$3 .ii~ .,.;.;.:.,.;.:.;." 44~ii.1 Note: In-District includes all Marine calls in District 01 (Collier County Waterways) 161 IBH CHIEF'S REPORT Sept 10,2008 OPERATIONS REPORT Isles of Capri Fire I Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average response time of 3 to 4 minutes. From 8:00 a.m. to 8:00 a.m., a minimum of at least four fully state certified Firefighters are assigned to the fire station. Additionally, the Isles of Capri Fire I Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it a heart attack or traumatic inju!)', can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire I Rescue Department welcomes citizens to stop by the station for free blood pressure checks. We also provide home and condo fire prevention inspections, along with CPR classes. "'UPDATES'" Isles of Capri Fire I Rescue is now an Advanced Life Support Provider (partnership with EMS) MeijiilliIW/II.:.:.............. . - ...... . Ambulance Calls Vehicle Accidents Medical Assists Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist Public Assists Move-u Tech Rescue I Total 11/////t~4 ///i/I/ ""I....j{~/ :.tl/ .....II..../l!~ ..iiit/i'.[i...: /.'::::.4~4..' .................., Note: In-District includes all Marine calls in District 01 (Collier County Waterways) 16 IBI~ CHIEF'S REPORT Sept 10, 2008 OPERATIONS REPORT Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average resoonse time of3 to 4 minutes. From 8:00 a.m. to 8:00 a.m., a minimum of at least four fully state certified Firefighters are assigned to the fire station. Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it a heart attack or traumatic inj my, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood pressure checks. We also provide home and condo fire prevention inspections, along ,vith CPR classes. '-'UPDATES'" Isles of Capri Fire / Rescue is now an Advanced Life Support Provider (partnership with EMS) ItmOfstriiitill!fiit?otlOiSifiCi IIM6iithtV't6tii1tII;YTDIII 0 0 I 0 I 3 0 0 0 0 0 0 0 12 15 41 I 56 I 326 0 0 0 0 3 0 I 3 I 78 3 0 3 16 0 0 0 1 0 0 I 0 I 9 0 0 0 2 0 0 I 0 I 0 2 0 2 19 0 0 0 0 0 0 0 1 0 0 0 0 1 0 I 1 I 12 0 1 1 15 0 0 0 0 Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist Public Assists Move-u Tech Rescue I Total III ....:II~4I... .'.;IiIIIII'.I..4ltiI..... II.....:....I ..'.......'.II..~l!I... ........,...,.,...;II .......,I;I4$4I Ii..I/! Note: In-District includes all Marine calls in District 01 (Collier County Waterways) 16\ 1 Bit COUJER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 September 2, 2008 Collier County Fire Commissioners Dependent Fire District Advisory Boards Municipal Fire Chiefs Independent District Fire Chiefs Ladies and Gentlemen: ,; Weare pleased to hear of recent general support for the engagement of a consulting firm to address the many facets of what could be termed a complex corporate merger between the various independent fire districts in Collier County and our Emergency Medical Services. We have reviewed your most recent consolidation draft paper, and while we applaud the work to assemble such a study effort, one major item of concern must be addressed and a written clarification is respectfully requested. In several areas of the report you address homeland security and emergency management activities, leaving the impression that these efforts are to be folded into the merger study under a consolidated fire organization. Emergency Management's program activity is well defmed with general statutes, and properly served under the County Manager and the Board of County Commissioners. Inherent to the emergency management industry is the issue of Homeland Security programming and response to all hazards-based scenarios. We recognize that many particular special projects, grants, and training opportunities and special teams arise from the State Emergency Management Office, Florida Department of Law Enforcement, Office of Domestic Preparedness, the Federal Emergency Management Agency. etc. We will fully support those specialized training opportunities to the respective fire and EMS communities as long as they remain within reasonable scope to the local Emergency Management programming. Such programming includes, but is not limited to, the integrated approach to disaster preparedness, response, mitigation, recovery, disaster prevention and consequence management. These will continue to be operated via the existing programming and lines of authority well established by general statute and existing ordinances, the Board's approval of the Comprehensive Emergency Management Plan (CEMP), and associated documents where appropriate. We appreciate your clarifying this discussion in your document prior to subsequent public presentations and would appreciate the opportunity to view your final report as it pertains to this discussion prior to future presentations. With respect to the overall fire merger efforts, in good faith and for discussion in draft form, we offered a conceptual scope of work for an external consulting effort. Undoubtedly this will be a demanding effort to engage this type of comprehensive operational and financial review for the various stakeholders and public alike. We have re-confirmed our ability to receive approximately $100,000 in grant ftmds via Emergency Medical Services to support this effort. It is our understanding that in previous discussions the various study subcommittees may have rejected this grant funding support. We want to again offer these resources for this effort and gain your written comments and ftmding .suggestions, should your committees desire not to use these identified grant ftmds, terminate the efforts, or have alternative financial resources under consideration. 161 181+ We have a good track record with hard work and research that went into the development of the EMS Master Plan as requested in the Annual Inventory Update Report and many issues presented by the Fire Service Steering Committee and the Productivity Committee. Weare of the opinion that a similar intensive study effort for the fire organizations, much like what was done with the EMS Master Plan effort, would be a wise course of direction and in harmony with the general direction given by the Board of County Commissioners. It is our request that in order to make this fire and/or fire and EMS consolidation a success, that a formal process for the engagement of a consultant should be utilized. We all agree that this will be a significant study and research effort. The millions of dollars of assets, labor costs, medical benefits, debt service, staff and elected official salaries, retirement plans, revenues from various sources, fire code and prevention enforcement revenue and operations, legislative changes and other inherent liabilities will require the utmost study for a successful consolidation. Weare of the opinion that the party engaged for this type of work must have a proven track record and the ability to review, audit and assimilate and benchmark not only operational issues, but forecast accurate short and long-term detailed financial statements and in detail address master plarming response, capital equipment, and station acquisition concerns. This effort should also include study of the various specialized teams within both fire and emergency medical services and be very familiar with laws and regulations within the State of Florida. Noted below are just a few key issues and process suggestions that we feel warrant consideration in the consultant acquisition process. 1. The development of an interlocal agreement could be drafted and signed by the respective elected fire commissions and boards to direct and authorize the respective Chief s and staff to participate both programmatically and openly in this consultant's engagement. The interlocal agreement could outline an established protocol for research and information as well as address chain-of-command and project leadership for each respective organization. Efforts should be noted in the interlocal agreement to ensure in writing that all dependent, independent, and municipal organizations are offered the opportunity to participate or decline in such efforts. 2. Establishment of a fund by ordinance or resolution under the Board of County Commissioners with provisions to utilize the previously mentioned grant and/or other acquired fimds for the merger study process and to disperse fimds in accordance with the consulting project needs. 3. Engage the support ofthe County Purchasing Director along with other fire and EMS agency procurement specialists, and the Director of Emergency Services, who can provide programmatic or technical assistance with the consultant engagement process. While not an inclusive list, the following items may be helpful to address the overall concerns and/or potential project milestones in the consultant acquisition efforts. a. Solicitation for a request for proposal and presentation b. Development of request for qualifications c. Bid evaluation panels d. Review of past local or regional efforts of similar scopes of work e. Establish monthly and/or yearly timelines f. Contract development and administration g. Identification of "optional" services and associated costs to manage transition efforts h. Bidding and negotiation 161 181+ 1. Bid award j. Contract draw for payment in accordance with grant or funding resources or constraints k. Progress reports I. Vendor conflict resolution m. Description of deliverables such as written reports, technical studies, management of public outreach activities, web-based information resources, and on-site consultant "field offices", etc. n. Project completion for final payment We feel that an effort this challenging will require a firm with a wide range of resources, experience, and proven success, especially in areas of public safety budgetary planning and analysis. We submit the following as a partial list of consulting firms for consideration, in no particular order, and we would welcome other firms with demonstrated capability and full-time expertise to be added for future consideration: . Emergency Services Consulting Group - ESCG . Maxmus - Governmental Consulting . Citygate Associates . Municipal Resources . Volunteer Fire Insurance Services - Consulting Division . McGrath Consulting . Dewberry and Davis Consulting In closing, we are of the opinion that the dependent, municipal, and independent fire districts in Collier County are professional and have served the community well in their particular districts under previous economic conditions. The Board of County Commissioners has indicated a willingness to move forward jointly, and we would like to receive written comments from the respective Fire Commissioners, local elected municipal officials, managers or mayors, and/or advisory Boards on the above-described kickoff and acquisition strategy. Respectfully, Leo Ochs Deputy Coun C<??~. - Dan E. Summers Director Bureau of Emergency Services cc: Tom Henning, Chairman Collier County Board of County Commissioners Collier County Board of County Commissioners Jim Mudd, County Manager Bill Moss, Naples City Manager Steve Thompson, Marco Island City Manager EMSAC Advisory Board CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE October. 13: 2008, 9:00 A.M. Halas CommiSSion Boardroom . W. Harmon Turner Building (Building "F"), Third Flolien,nmg AGENDA ~oy e Coletta 1BtS RE.C OC1 0 3 2008 d f County COIflmissioners 10ar o. I. RollCall II. Approval of Agenda III. Approval of September 8, 2008 Minutes IV. Old Business: A. Real Property Management Update - A-list properties t. Overall Status 2. Hamilton 3. RJS LLC B. Contracts t. Pepper Ranch 2. NGGE Unit 53 - Less, Neri, Toledo, Jackson, Jones, Kissinger, Beardsley, Blake (2), Celsnak, Flores (2), Rosillo, SCheckler, Shyrock 3. Winchester Head - Jones 4. Camp Keais - Tucker C. Conveyance proposal updates D. Freedom Park update - Margaret Bishop, Sr. Project manager, Transportation/Stormwater Dept. V. New Business A. Cycle 6 applications list 1. Late applications - Joyce and Kelley Trust B. ICSRs 1. Gore, McGinnis/Purpero, Stirns C. Freitas Interim Management Plan D. Outstanding Advisory Committee Member Program E. Coordinator Communications VI. Subcommittee Meeting Reports A. Outreach - Tony Pires, Chair B. Lands Evaluation and Management - Marco Espinar, Chair C. Ord. Policy and Procedures - Will Kriz, Chair VII. Chair Committee Member Comments VIII. Public General Comments IX. Staff Comments X. Adjourn ************"'***************************************************************************************** Committee Members: Please notify Alexandra Sulecki at 252-2961 no October 10. 2008 itvou cannot attend this meetlnq. ''iWsttlilllsi:OO p.m. ~ Dalej_Q]~ 1 118m II:J lo IiJJ.B IS (':>pIes tv 161 1B1S Conservation Collier Land Acquisition Advisory Committee Meeting Ordinance, Policy and Rules Subcommittees Agenda Meeting Date: Tuesday. October 7, 2008 Meeting Time: 3:30 p.m. Location: Collier County Facilities Management Department, Bldg. W Conference Room, 3301 Tamiami Trail East. Naples Chair: Will Kriz I. Approval of Agenda II. Old business: A. Donation of lands and tunds to Conservation Collier - PUD agreements Ill. New Business: A. None IV. Set next meeting date and agenda V. Adjourn 16/ 1 B /5 Conservation Collier Land Acquisition Advisory Committee Outreach Subcommittee DRAFT Agenda Meeting Date: Wednesday, October 8, 2008 Meeting Time: 3:30 p.m. Location: Collier County Facilities Management Department, Bldg. W Conference Room, 3301 Tamiami Trail East, Naples. FL Chairman: Tony Pires 1. Acceptance of agenda 2. Old business: a. Continue review of Draft Conservation Collier Logos b. Continue review of brochure changes 3. New Business: a. Conservancy Program request - Beth Fellini, Education Coordinator b. Outreach at public schools 4. Set next meeting date and agenda 5. Adjourn 161 IB,v GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI34104 April 17, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: March 20, 2008 V. landscape Maintenance Report - ClM VI. landscape Architect's Report - Michael McGee A. Doral Survey re-guarding Fence / new fence design with cost estimates VII. Budget Report A. Budget Committee -Caroline Soto & Bob Cole VIII. Transportation Operations Report A. Project Manager's Report - Darryl Richard B. Report re meeting with owner of Doral corner lot / re fence options C. Report from ROW re fence & Impact on line of sight IX. Housekeeping Items A. Rip rap repair on St. Andrew Blvd. near Cypress Gate Condominiums B. Status of repairs to Front entry X. Committee Reports XI. Old Business A. Future Beautification Project List B. Grant Application XII. New Business XIII. Public Comments XIV. Adjournment Date: The next meeting is scheduled for May 15, 2008 4:00 p.. #: 1o:I:[ I Collier County Transportation BuildinglEast Conference Room ?RRI;; ~('\rc:,::s.c::hnel nri\l,p ~nllth N::anl,pc:. 1=1 'lA104:;opiesto: 161 1Blu GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 May 15,2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: April 17, 2008 V. landscape Maintenance Report - ClM VI. landscape Architect's Report - Michael McGee A. Doral Survey re-guarding Fence / new fence design with cost estimates VII. Budget Report A. Budget Committee -Caroline Soto & Bob Cole VIII. Transportation Operations Report A. Project Manager's Report - Darryl Richard B. Report re meeting with owner of Doral corner lot I re fence options C. Report from ROW re fence & Impact on line of sight IX. Housekeeping Items A. Rip rap repair on S1. Andrew Blvd. near Cypress Gate Condominiums B. Status of repairs to Front entry C. Review new Contract Language for the next Maintenance Contact X. Committee Reports XI. Old Business A. Future Beautification Project List B. Grant Application XII. New Business XIII. Public Comments XIV. Adjournment The next meeting is scheduled for June 19, 20084:00 p.m. Collier County Transportation Building/East Conference Room 2885 Horseshoe Drive South. Naples. FL 34104 RECEIVED OCT 0 2 2008 Fiala Halas Henning Coyle Coletta 1 1 BIll l:;,.,"u .:; ,_;ollnty CommissIoners GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 JUDe 19, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: May 15, 2008 V. Report of Special Meetings re Rattlesnake Hammock Rd. landscaping/Drainage Project - Robert Slebodnik A. Meeting on June 12, 2008 B. Scheduled Meeting with Commissioner Donna Fiala on June 13, 2008 VI. landscape Maintenance Report - ClM A. Switch repair on Reuse Water System VII. landscape Architect's Report - Michael McGee A. Doral Survey regarding Fence / new Fence Design with Cost Estimates VIII. Budget Report A. Budget Committee -Caroline Soto & Bob Cole IX. Transportation Operations Report A. Project Manager's Report - Darryl Richard B. Report from ROW regarding Fence & Impact on Line of Site X. Housekeeping Items A. Status of Redesign for Water Inlets on SI. Andrews Blvd. (near Lely Church) B. Accidents Reports Mentioned at the May 15, 2008 Meeting C. Discuss Procedure for notifying Homeowners (of the 6 lots) on Rattlesnake Hammock Rd. regarding the Landscaping Project D. Review new Language for the next Maintenance Contract X. Committee Reports Misc. Corres: XI. Old Business A. Future Beautification Project List Date: Item#: Copies to XII. New Business 16rJ XIII. Public Comments XIV. Adjournment The next meeting is scheduled for July 17, 2008 4:00 p.m. Collier County Transportation BuildinglEast Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 18 \lJ Fia\~ H Ht.. CO' CO'- 1 ~~cE~\/~b~ SEP 2 9 {D03 Hoard of County ~/ GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 September 18,2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: August 21, 2008 V. landscape Maintenance Report - ClM VI. landscape Architect's Report - Michael McGee A. Doral Survey regarding Fence I new Fence Design with Cost Estimates VII. Budget Report A. Budget Committee -Caroline Soto & Bob Cole VIII. Transportation Operations Report A. Project Manager's Report - Darryl Richard B. Report on current Status of Rattlesnake Hammock Fence Project IX. Housekeeping Items A. Accidents Reports Mentioned at the May 15, 2008 Meeting B. Review new Language for the next Maintenance Contract X. Committee Reports XI. Old Business A. Future Beautification Project List i. The Doral Circle Road ROW Buffer Area ii. Other Projects Ollie: IlllII1t. Copies to: Misc. CoRes: XII. New Business XIII. Public Comments XIV. Adjournment The next meeting is scheduled for October 16, 20084:00 p.m. Collier County Transportation Building/East Conference Room 2885 Horseshoe Drive South. Naples, FL 34104 RECEIVED OCT 0 2 2008 Fiala Halas Henning Coyle Coletta 9f~ ...,.. 80arrl of County Commissioners GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 March 20, 2008 Minutes I. The meeting was called to order by Bob Slebodnik at 4:03 PM. II. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert (Excused), David Larson, Robert Slebodnik County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Caroline Soto - Budget Analyst Others: Mike McGee - McGee & Associates, Darlene Lafferty - Mancan III. Approval of Agenda Add: VII. B. Annual Budget FY08l09 Robert Cole moved to approve the Agenda as amended. Second by David Larson. Motion carried unanimously 4-0. IV. Approval of Minutes: February 21,2008 Change: Pg. 2 VI. A. Paragraph 3 should read Darryl Richard reviewed the "Fence" Project schedule and noted if required "per Purchasing Requirements" to go before the Board of County Commissioners the scheduled completion date is October 1, 2008. Pg.2 VII. A. Motion was amended to read Bob Cole "motioned" to move $30,000 from Capital Outlay - $15,000 to Sprinkler Maintenance and $15,000 Landscape Incidentals. Pg. 4 Paragraph 1 should read It was noted there is an additional decorative Lamp Pole in storage. Robert S/ebodnik moved to approve the February 21,2008 Minutes as amended. Second by Tony Branco. Motion carried unanimously 4-0. V. Landscape Maintenance Report- Mike McGee reported: . Shrubs on St. Andrews require pruning Misc. Gorres: . Controllers have been installed on Valley Stream and ~ . Bougainvillea in Median 4 (past Pebble Beach) required pruning tor broken branches Item # ___"" C.,nir" 161 1 B ((p It was noted that the Bougainvillea replacements on Pebble Beach and Forest Hills are substandard and need to be improved. Mike McGee recommended stripping all Washingtonia trunks due to hanging fronds. VI. Landscape Architect's Report - Michael McGee A. Doral Survey re-guarding Fence I new fence design with cost estimates - Discussed VIII. VII. Budget Report A. Budget Committee - Caroline Soto - Bob Cole Budget Report was distributed and reviewed. (See attached) . Budget Amendment is not reflected on the Budget Report . Available Operating Expense $68,199.52 . Improvements General $201,500 does not reflect the $30,000 Transfer (out) . Remaining Open P.O.s $90,914.03 which includes $3,679 for Sprinkler System B. Annual Budget FY08/09 -Darryl Richard distributed and reviewed each line item. (See attached) }> Forecast FY08 valid until October 1, 2008 }> Total Operating Expense Amended FY08 Budget $176.850 includes $30,000 Transfer Discussions ensued and it was agreed that FY09 Landscape Incidentals should be increased by $20,000 and would be taken from Improvements General. }> Noted FY09 Millage rate has been adjusted to maintain the FY08 Revenue stream Bob Cole moved that the Budget be presented for FY09 as presented (submitted) with the exchange in the Landscape Incidentals from $30,000. Second by Dave Larson. Motion carried unanimously 4-0. VIII. Transportation Operations Report A. Project Manager's Report - Darryl Richard distributed and reviewed (See attached): ~ (L-39) Irrigation Refurbishment Project - Status approximately 90% complete ~ (L-43) Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design - Update . Installation of the Wall in the County ROW is not approved . Transportation Department has been directed to go through CDES (Community Development Engineering Services) for (Wall Installation) Permitting . Fence Installation in the County ROW is typically for "sound abatement" 2 Fence must be installed on Private Property and l~ rlquire1 B r CR permission from 6 Property Owners to obtain easements . Discussions ensued and the following was suggested: ~ To install Hedges, Plants, and Rip Rap in the county ROW in lieu of obtaining Easements and Fence installation ~ The MSTU would be responsible to maintain the Landscaping ~ A Graphic Presentation (designed by Mike McGee) would be given at the Civic Association meeting on April 5, 2008 ~ Demolition Cost of $5,000 - Remove the existing Fence and Trees ~ A Temporary Easement to access Private Property for the Fence removal is required It was stated that Mike McGee and Darryl Richard will meet with Road and Bridge and ROW for approval prior to the Civic Association meeting. In lieu of the fact that the County will not allow a Permanent Fence to be built in the Rd. ROWan Rattlesnake Hammock Rd. I (Robert S/ebodnik) move that we direct Mike McGee to create a new design for a visual barrier using the following (natural) materials: shrubs for a hedge, soil, and rip rap that will be installed in the Rattlesnake Hammock Rd. ROW. Second by Dave Larson. Motion carried unanimously 4-0. Robert Slebodnik requested status for the repair work at St. Andrews and US41. Darryl Richard stated that Kent Technologies is being unresponsive. It is currently being handled by ROW. Frustration was expressed that repairs should have been completed within 60 days. B. Report Re meeting with owner of Doral Corner lot I re fence options - Previously discussed VIII. A. C. Report from ROW re fence & impact on line of sight - Previously discussed VIII. A. IX. Housekeeping Items A. Rip rap repair on St. Andrews Blvd. near Cypress Lake Condominiums - In Design Stage B. Status of repairs to the Front entry - Previously discussed VIII. A. X. Committee Reports - None XI. Old Business A. Future Beautification Projects - On Hold B. Grant Application - Robert Slebodnik and Darryl Richard will meet with Therese Stanley to initiate the Grant Application process. XII. New Business - None 3 161 1 Bite XIII. Public Comments - None XIV. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:39 P.M. Lely Golf Estates Beautification MSTU Advisory Committee ~.Ib ~/~ Robert Slebod~ik, Chairman These minutes approved by the Committee on as presented or amended The next meeting is scheduled for April 17, 20084:00 p.m. Collier County Transportation Building/East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 4 '" N ~ In '" " !!!- 3 "1 ." '" I " "'! n' " l' 0; ;: '8l 3 ." - 0; ;:: " ~ " :;' [ '" w~ 10 1 d \(P 1 I Podocarpus macrophyUU5 ' Maki' " 0 c. 0 ... n In '" In ~ -< '" '0 .l;! !!!- " ~ '" "'! 3 C I '" 3 n .... 0 ." q '" ." " ". ". n' ,. 'S. " C .. ~ " i " 3 '" - ~ ;:: -< ::l ~ Qi~ ~, ?1W;ee & rI~ 16j 18 r~ Landscape Architecture March 25, 2008 Mr, Danyl Richard, Project Manager Lely Golf Estates Beautification, M,S,T.U, Collier County Traffic Operations and A1temative Transportation Modes Dept. ,2885 South Horseshoe Drive South Naples, Florida 34104 , Subject: Request for Additional Services under Limited Refurbishment Design Services Maintenance Professional Landscape Architectural Services Work Order # TLQ-MA-3614-08-02 - P,O, #4500089485 for Lely Golf Estates M,S,T,U, Dear Mr, Richard: N. the request of the M,S,T,U. Advisory Committee we are requesting a increase to the existing work order in the amount of $1,510.00, Limited Refurbishment Principal Technical Clerical 9 Hours 8 Hours 1 Hour @ $110.00 @ 60.00 @ 40,00 $ 990.00 480.00 40,00 $ 1,510.00 The additional services are to cover Doral Circle and Rattlesnake Hammock wall and landscaping conceptual nHlesign as requested by the MSTU Advisory Committee on March 18, 2008. If you have any questions or need further infonnation, please feel free to contact our office any time. Cordially, Design * Environmental Management * Planning * Arborist 5079 Tamiaml Trail East / P. O. Box 8052 Naples, Florida 34101 Phone (239) 417-0707' Fax (239) 417-0708 B1Ce 191 ~ m ..... --",na ~ lWl.Q-./.lto (IK~) "n~ ..0/.0-':'1. (IIC~) '.U04d ~ NVld ld30NOO 3~03H r\'~r npl-'''l.i ....,....'1 . l."~ 11'''. l"IOIU"'! -.:a~' TII" jTj>fi ...0 """""-"'l-lIIJ ONINHY'.. . ~N3"""N"1'I "'!NInNO_Nl . NOlSlO tolI...,,-...,..... 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'~,.~~~ ~ ~ ~ tl_ ~ N ~ ~ .....- ~ U Z t-u a::uzwS ~~ ~~~~~~:S~ ::112 l:!!OU2lEClCl ~ Ww ZO:)OO~a::: (5"'O~;:~~"'''';:~.. :;i ~ZI-U;lLlLii:"'11- >~I-!l;!l-wffiffiOO ffl UJoII::UJ::>LLI,LLLu.. ~ ~~Wt-WZUl0>-> ...' ~~~i~~~~~~ ~ U~___"'I-I-UU !I! _"".G.~..~~==:=~~~~2~RRa..~.aa~=~~a.~.~'.v 8.88888888888888 !j} ~~~~~~~IH~~SI~~~ ,..: ...:g~aicD ~~~~ fIi..,- 88 ~~ ,';.: N_ ____tlt____tlt____..Ilt. ... -I W en '-'...... ..... ~< < UJuo~ t- ~ ~ ~ ~ ml-:;i ~::11 I~zo Yw ~ 0 ",0 ~ ~ffi~ "'~2 zmw ~~ffi2 ~ ~u ~ ",~~9b ~~l:!! W"'32~iw~~>z ~~~ou WWI-U~ ww~ ~I-O~WI-O~~OO~~ ~~~ I ~LL~~I->~~~ 2~~~6~u~~~~~ ~u(5 OouW I-ClW", wS~ mw:;i~w", _00 ~ LL mZI-~8Q~~~ ~~~~ffi~~!~~8gffi~~ffi~m ~i~~"'~"'~~L~~~"'L"'~~O~~~iww~~~. ~~I~~~i~~~~~~~~~~*;~~g~~~~~m! RECEIVED OCT 0 2 2008 FiaJ 6 ~ Halas Henning Coyle Coletta Board of County Commissioners GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMmEE 2885 Horseshoe Drive South Naples, FI 34104 April 17, 2008 Minutes I. The meeting was called to order by Bob Slebodnik at 4:02 PM. Robert Slebodnik requested the To Do List be recorded during the meeting and emailed to the Committee Members, II. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard - Project Manager, Caroline Soto - Budget Analyst Others: Mike McGee - McGee & Associates, Jim Fritchey - CLM, Darlene Lafferty - Mancan III. Approval of Agenda Add: VIII, 0, Report on Front Entry repairs (Meeting on April 14, 2008) IX C, Maintenance Contract Proposal Robert Cole moved to approve the Agenda as amended. Second by Tony Branco. Motion carried unanimously 5-0. IV. Approval of Minutes: March 20, 2008 David Larson questioned if the Controllers have been installed on Dora I as the irrigation was running for 3 days, Jim Fritchey responded the problem was a computer glitch and a Computer part is on order. He added they will continue to monitor the situation, David Larson moved to approve the March 21,2008 Minutes as submitted. Second by Tony Branco. Motion carried unanimously 5-0. V. landscape Maintenance Report - elM Jim Fritchey reported: . Sprayed Bougainvilleas due Caterpillar damage, is required Mise, Corres: Date: A second appliCation Itemt ~ f,- / . Shrub Fertilization is complete . Crown of Thorn will be installed on Pebble Beach . Controllers - Solenoid is on order for the Warren St. Bermad Valve. The existing Valve is currently operational in the manual open position 161 1 BICe Tony Branco questioned if the Front Entrance irrigation is operational noting the flowers have wilted, Jim Fritchey replied there is a water variance and will confirm with Roger Dick the watering time, Robert Slebodnik requested removal of low hanging fronds on the new Foxtail Palms on Pebble Beach Blvd, VI. Landscape Architect's Report - Michael McGee reported" <) Dry areas - Recommended increasing zone irrigation for Alamanda Shrubs, Impatients, and areas on Valley Stream <) Trimming is required throughout the area <) Center Royals (behind sign) " removal of seed pods is required A. Doral Survey re-guarding Fence / new fence design with cost estimates - Overview of Conceptual Drawing and Plant Photos presented to the Civic Association were distributed and reviewed, (See attached) . Shrubs will be level with the sidewalk . 3 suitable plant materials for the Hedge Barrier i, Myrtifolia (Eugenia) ii. Podocarpus iii. Clusia guttifera . Estimated Cost i. 25 gallon - $42 to $45 (shorter plants) ii. 45 gallon" $62 to $65 . Civic Association preference - Myrtifolia (Eugenia) VII. Budget Report A. Budget Committee - Caroline Soto - Bob Cole Budget Report was distributed and reviewed, (See attached) . Available Operating Expense $74,194,38 . Remaining Open P.O.s $62,302,92 . Sprinkler System Improvement $12,688.00 - Paid . FY08/09 Budget Amendments are not finalized Darryl Richard reported Southern Signal will be replacing the MSTU Street Light bulbs, VIII. Transportation Operations Report A. Project Manager's Report - Darryl Richard distributed and reviewed (See attached): ~ (L-43) Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design - Is under review with the following departments: . ROW . Traffic Operations 2 . Road Maintenance . landscaping . Storm Water 161 lBlCf> Darryl Richard submitted a request for Funds in the amount $1,510 from McGee & Associates for Hedge Design work. (See attached) He noted the Hedge falls into the County ROWand could be maintained by the County, (See attached) It was agreed to confirm with Pam lulich if the County would maintain the Hedge, ~ (l-39) Irrigation Refurbishment Project - Will be completed after installation of the Solenoids ~ (l-34) Ongoing Maintenance Contract - Contract expires September 28, 2008, He requested Mike McGee review the Contract language before presented for Bids Robert Slebodnik stated Committee input is necessary for the Contract language. He noted a minimum requirement of 3 - 5 years Median experience should be included in the Contract. Darryl Richard will email the current Contract for Committee comments. Robert Slebodnik reiterated that "in-house" Irrigation and Pest Control must also be included in the Contract language, Mike McGee stated that the Contact should be based on the most qualified, lowest bidder. Robert Slebodnik requested the Committee compile a list of preferred qualifications. The list will be finalized by the Committee at the May 15, 2008 meeting, B. Report Re meeting with owner of Doral Corner lot I re fence options - Darryl Richard stated a decision from the various Departments should be available at the May 15, 2008 meeting concerning the existing fence, C. Report from ROW re fence & impact on line of sight - A Variance for a 30 ft, Sight Triangle Waiver has been approved (verbal) Robert Slebodnik requested written approval be provided, D. Report on Front Entry repairs (Meeting April 14, 2008) - Robert Slebodnik reported Kent Technologies acknowledged that True Wave (Sub contractor) was responsible for the damage to the corner of St. Andrews and US41, and the Swale along US41, The following was agreed: ~ True Wave will provide labor and Equipment for grading the area ~ MSTU will provide materials (sod and irrigation parts) and ClM will install Robert Slebodnik stated when damage is discovered that photo documentation is necessary, 3 IX. 16/ Housekeeping Items A. Rip rap repair on St. Andrews Blvd. near Cypress Lake Condominiums - o Original plans are being modified o DEP permitting is required o Estimated completion date" 6 months B. Status of repairs to the Front entry - Previously discussed VIII. D. X. Committee Reports - None XI. Old Business A. Future Beautification Projects - On Hold B. Grant Application - Darryl Richard distributed and reviewed, (See attached), It was agreed that Darryl Richard and Robert Slebodnik will complete the Application and submit by the May 9, 2008 deadline, XII. New Business A. Maintenance Contract Proposal - Previously discussed VIII, A David Larson moved to approve (proposal from McGee & Associates) $1,510 (for the Doral Fence Project.) Second by Tony Branco. Motion carried unanimously 5-0. XIII. Public Comments - None XIV. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:18 P.M. Lely Golf Estates Beautification MSTU Advisory Committee ~~.~,,~j, Robert Slebodnik, Chairman These minutes approved by the Committee on as presented "< or amended 4 1 BICQ 161 The next meeting is scheduled for May 15, 2008 4:00 p.m. Collier County Transportation Building/East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 5 1 8 (Cp CD :J('lO t;~~ ~c..: >z... ..J :J ';:: W II.. a. ..J <( 16/ 1 B {ep ~ ~~~~~~~~g~~~~ ~i ~ ~;~~~~8;g~~~~ ~9 _ ~ N~~N~~.~ro~.~m ~a ~.~N r~ w~~ ~ NrN~ ft "; ~ r--- N ~ - ~ ~~~MM~fiMfifi~~fififififi_ ... E <tg' ~ 'c ;::'(; o E >- .. u..0:: Cl U (f) 0 ('J C) CJ ,() CJ N Cl 0 0 ~ CD '" 0 C" 0 00 Cl CD " '0> CD c', CD ,0 0 N c; CD '" 0 co 'T en e- (~) 0 lei ,,' r' " C, ."- m ('.) CJ M, e" ", L.() C, '() In N ", 00 mm~mm~~(nwm~m~~mmww . ci n: C E !" .. ... .- c: en' € ~ ,-... '" ~ ~ CD (Q C 0 GJ >0,.... <0 ~:i.ii .~ UJO'JCJtm lD.~ CI) L. _CC:C CD 0:: "'::Ii "'.. -'-'Ii ~~ 0. ~ ~CIl II! 'I:: 0. 0. ::J - 5 ",olI l'l.!! tl ~ C !I 13 II! 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(L-4I): ^CTIVl' (POC: Tessie SillcrYI : - McGee & Assoc. Annual Contract: 04-3614 10-9,07: Committee approved McGees proposal for $8,525,00 10-24-07: Work Order in progress 11-6-07: County staff requested changes in the proposal. 11-9,07: Work Order in progress for signatures 12-4-07: PO Issued and WO approved, (L-39) - - ACTIVE (pOC: Darryl Richard); Irrigation Refurbishment Project 9-20-07: Committee requested for Roger Dick - County Irrigation Project Mgr. to attend next meeting, 10,18-07: Requested for estimates per Roger & McGee (team work) 11-7-07: Roger will review and attend the next Lely Meeting with quotes 12-10-07: Still reviewing pricing from AGTRONIX, 12-20-07: quote for project by CLM is pending; additional information plans/specifications requested by CLM, Confirmation of Ag- Tronix quotes by McGee pending, 1-7-08: Quote by CLM pending- McGee coordinating details, 1-17-08: Committee approved CLM Quote - $3,484,68, 1-28-08: PO sent to Agtronix - $12,688,00 total 1-30-08: Pam Lulich confirmed committee can not utilize converter and valves. 2-20,08: Agronix order received at Commercial Land Maintenance 1 161 1 B1[P (L-34) - ACTIVE ~(POC: Tessie Sillery); Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04,3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc, - Bid # 04-3676 - plus 3 renewals. - expires on 9-28-08 10-12,07: New Fiscal Year 07,08 - PO issued and NTP given. (L~44): C'lmpkte - (POl" Darryl Richard) Palm Tree Installation Project: E1001729 Pebble Beach for $27.347.63; and BIOOI728 Forest Hills tor $9,877.22 1-21-08: Staff authorized only Pebble Beach estimate per Committee Chair due to insutlicient funds in "Incidentals" to cover both estimates. 1.21-08: Approval for Forest Hillis is pending Committee action to move monies to "i1cidentals" 3.3-08: Project Complete (L-37) - ('ompleted - POC- (Tessie Sillel)') : Bench Facing Lake Project 8-17-07: Committee requested for McGee & Commercial Land to go ahead and do the work. Bench with pavers, 8-22-07: Concept drawings due Sept. 20th for the committee. 9.20-07: McGee did not have drawings completed md will submit drawings to next meeting with costs for wall in order tor commhee to make decision on other projects. 10-18-08: Committee requested clarification of quote. 10-24-07: Pending CLM revising md ClarifYing Quote 11.7.07: Darryl and Jim (eLM) will be meeting on 11-8-07 to review project. 11-14-07: Quote for Ben::h received- Swartz $ 793.80 11-15-07: Committee approved and bench is on order. 12-14-07: NTP~ Swartz Company for Bench 12.20-07: Bench order is pending delivery to eLM. 1-16-08: Bench is on its way, traveling from PennsYNania. - will be here sometimes next wed. (L-40) - ('()ivWI.L IT --(POC': DarrylR.ichardL - Lift Station Beautification (Raltusrol Course Crossing) 9-20-07: Committee approved up to $3,000 for work to be cOl11>leted by CLM. 10-16-07: CLM submitted estimate - $ 3,789.30 - over limit committee motioned 10-18-07: Committee approved quote. 10-18-07: Committee requeste McGee to do design. 11-7-07: Darryl and Jim (CLM) will be meeting on 11-8-07 to review project. 12-10.07: Utilities to address beautification. (L-42): ('OMPLFlT ([!()C l):lJT\ I Ridmrd) - Rip Rap- by Cypress Lake Condominium 10-16-07: Committee requested Roocl and Bridge to put rip rap on bank. l2-10-07: Repaired and completed. (L-36) - \."OJ\-IPI ,I,ll D!':SlCiN (P{)(' I hnnl Richard): Doral Entrance Enhancements & Wall/Fence Project; Scbedule: 7-19-07: Committee approves $5,000.00 for survey of project area. Ball Park Cost provided from McGee indicates $25,000 Landscaping; $80,000 for wall; and $40,000 for a fence (on top the wall); Total Project is estimated as: $145,000.00 Committee Cl1airwill contact Lely Civic Association for cost sharing for this project. 8-16-07: Update: RWA gave estimate for $ 7,900.00 and from staff recommendation for mstu members to make an amendment to previous motion from $5,000. to $7,900. 8-17-07: Committee requested to cut down on the size of the parameters for the fence to go up and no more thm $5,000 to spend on survey. - Also, looking at County paying (rattlesmice hammock funds) for the maintenance (Pam Lulich attended meeting and gave other laniscape options) wall vs landsc~ing 8-22-07: Received estima:e at $4,900 from RW A and will work order in process. 2 161 1 B r~ 9-7.07: Rec'd WO from Vendor and in Work Order Process for adiitional signatures. 9-20-07: Rec'd PO 9~24-07: NTP _ start date 9-24-07 and Completion date: 11-23-0'7 - PO * 4500084146 - Dated 9-20-07) WO * RWA.Ff.3944-07-0 8 . "Contract 06-3944 Annual Contract For Roadways" PROJECT SCHEDULE: (L- 38) ('OMPLF1T -(poe Darryl R ic:hard)~ Palm Tree Replacement Project - medians 4 to 10 median tips 9-20-07: Committee requested eLM b quote project and discuss at next meeting. 10-16-08: eLM submitted estimates for upcoming meeting. 10-18-07: Committee, staff and Mcgee dis(.,'Ussed quotes and requested clarification. 11-7-07: Darryl and Jim (eLM) will be meeting on 11-8-07 to review project. 11-15-07: Project approved by committee md staff - contractor to proceed with annual contract. 1-4-08: Project Completed. (L-33) - COM[JLFrI-: -(flOC I)arryll~idlard): Doral Circle Entry Feature De\lelopment; Includes installation offence along Rattlesnake Hammock Road and adjoining entry features. 5-17-07: Committee votes to commit$2,500 in consulting fees to McGee for project. McGee will bring recommendliions to 6-21-07 regular meeting. 6-15-07: Project Complete (L.22) - COMP1.FTI': -(POe Darryl Richanj)~ (PROJECT PRIORITY #4 AS PER 11-17.06 MEETING) Augusta Boule\lard at Forest Hill Planting Project ~ SCHEDULE: Lely MSTU: Augusta at Forest Hill- Landscape & Irrigation PHASE Committee Approval for Hannulaquote BCC APPR NTP CaNST 60 DAY Substantial Completion 90 DAY CaNST CaNST-COMPLETE Start. End Date 4/19/2007 Not Required (105 K estimate by McGee) 5/11/2007 7/11/2007 5/11/2007-8/10/2007 8/10/2007 Status: Mike McGee has completed 100% plans for project; Presentation to Golf Course Management resulted in positive approval for project; Waiting on cost estimate from McGee & Associates. 5-30-06; Drawings dated 7/14/05 received from McGe~ - Project will be scheduled for c01struction after phase II is completed. 7-18-06: Committee has placed project on hold until phase II completes. 8-22.06: Project is on hold with 100% plans approved by Golf Course and MSTU Committee. 11~16-O6: Committee reviewed plans and McGee provided cost estimate of$30,000,00 for total project MSTU Commitment for project estimated by McGee as $15,000.00: Committee Action is required to move project forward. 12-14-06: MSTU Committee selects to include golf cart crossing area into project. 1-17-07: Meeting with Golf Course Superntendent Allan Cooper to review project. 1~18-07: Golf Course Superintenlent is reviewing project Portion of project is outside of ROW. Portion of project outside of ROW requires Landscape Maintenance Agreement. One (1) Spare valve is available for use by the MSTU for project. 2-14-07: Request for Quote sent out- deadline March 91h, 2007 3-15-07: Committee to review quotes and select lowest quote. 4.10-07: liannula is apparent low qoote - Committee approvaJ pending for $25,908.81 4-17-07: Committee approved for Hanula to do the job. 4-30-07: PO Request in process 5-11-07: Notice to Proceed sent to Hannula. Field meeting scheduled for May 22,2007. Meetings to re-occur each week on Tuesday's (L.32)~ COMPLETE -(POC: Tessie SiIlery); Refurbish entrance sign ~ damaged by faJlen palm li St. Andrews Sign. 4-17.07: Committee approved for Lykins PO to be opened to repair sign. Committee asked for more informatioo on deflector plates. 5-17-07: Commitment from Lykins was to be complete by May 11.2007 inspection pending today's drive-through. 5-17.07: Project Complete (L-29) -( 'OMPI_I:TI: -(POC: Tessie SilleJ)') - Median Re.Painting By Road & Bridge; As per Committee Request on 11-16-06 Road & Bridge needs to paint "4" numbers at each median opening. 12-20-06: No action taken by Road & Bridge to date. Road & Bridge contacted pertaining Comminee request to paint curbing. 2-14-07: Painting not done by Road & Bridge 3-15-07: R&B supervisor (Don) will meet with staff to make sure the location of #'s 4.17-07: Meeting with Road & Bridge crew to start project on Apri123, 2007 with Don Champlin. 4.30-07: Completed (L-30) - t'OMPLE.lE - (P()C- Te.,sil~ Sillt~ry) Flag Pole Pole Maintenance - Committee requested staff to replace American Flag. 1~17-07: Facilities Maint. will replace flag today 1-18-07: Flags replaced 1.18.07: Committee requested for a different size flag 3 16 18 \tf 1-23-07: Requested quote from Lykins 2-10-07: Single quotes and quotes for two for the commitee to approve 2-15-07: Committee requested Tessie plfchase flags through internet 3-10-07: State Flag and American Flags (lJrchased (2 of each) $187.00 3-15-07: Flags arrived todly...!!! 3-17-07: Flags installed - re-order will be on an as needed basis. County replacement flag is on order. (L-25) -COMPLETF {I'OC' Dar!)l ]{ichardl: (PROJECT PRIORITY #3 AS PER 11-17-06 MEETfNG) Pebble Beach Blvd. Golf Cart Crossing Area Improvements 10-19-06: Committee directs Committee Chairman Bob Slebodnik to meet with Golf Course to determine ifproject is agreeable to Golf Course Management for Construction. 11-17-06: Committee Approved McGee & Associates Concept Based on Foxtail Palm installation. McGee & Associates to provide one signed and sealed phYl and one reproducible not signed and sealed. 12-18-06: Quote for $10,801.94 received trom Commercial LandMaintenance.- on hold until see below 12-18-06: Quote from eLM is approved for $10,801.94 under terms of annual contract. 1-17-06: Staff notified that existing irrigation is insufficient for project. Alternative solutioos under review by McGee. 2-15-07: Requirments for project are: (I) need 2 separate valves for irrigaton on eoch side of road; (2) need confirmation of energized mainline 24 hrs a day; (3) need Golf Course to relocate existilg irrigation heads; Bob Slebodnick will contact Al Cooper am schedule a meeting time for follow-up. 3-14-07: Golf Course installing irrigation- 50% complete 4-10-07: Project Complete (L-24) ,COMI'I.ETI.~(I'OC De"yl RICherd}" (PROJECT PRIORITY #2 AS PER 11,17-06 MEETING) DORAL CIRCLE LANDSCAPE, IRRIGA nON, AND LIGHTING PROJECT - Need Committee Action for award of quote 6-15~06; Quotes received, issues with quotes and discrepancies identified, Committee requested that staff re-quote project with clarification concerning the discrepancies. 6.27-06: Waiting on quotes. 7-18-06: Need a~ Schedule from McGee & Associates and electrical engineering 8-17-06: Quotes from Anooal Contractors for ElectricallnstallationlDesignis pending. 8-21-06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8-21 ~06: Owner of Kent Technologies Thorn Esch office visit. Thorn receives uJXiated copy of plans. 8-22-06: Quotes from AnlUlal Contractors is pending. Due date is August 29, 2006. 8-31.06: Vendors contacted regarding quote: Kent confirms that they will quote. Sinununds will get back to staff on 9-1-06. 9-3-06: E.B. Simmonds Electrical quote received for $15,725.00 total electrical installation. Poles By County 9-5~06; Bid Schedule revised aOO sent out. 10-19-06: Committee directs staff to obtain additional quotes. E.B. Simmonds quote rejected by Committee. Request for break-down of each line item from E.B. Simmonds. 10-30-06: E.B. Simmonds request meeting with Mike McGee and Stafl'to review project and quote. 11-7-06: E.B. Simmonds meets with Liaison Staff and reviews original qoote. Project is re.quoted for $10,350.00 Committee Approval Required. 11-16-06: Lumec Sales Representative Ron Steedmlll confirms quote of$2,500 per light for a total of$5,000.00 Committee Approval Required. 11-17-06: Committee Approved E.B. Simmonds for $10,350.0<); Approved $5,000.00 for Lumec; Approved $6,025.00 for Commercial Land Maintenance or other Contractor (ck with Purchasing). 12-20-06: Light Poles are on order, upon receip: E.B. Simmonds will begin electrical work, foDowed by Commercial Land Maintance installation of irrigation and landscaping. 1-17-07 : Light poles are due to be delivered on Mtrch 2, 2007 pending. PO Issued to EB Simmonds for Electrical, PO Issued to eLM for landscape project; After receipt of light poles EB Simmonds will in~1all. 3-9-07: Received Lumec Pok:s for project 3-14-07: Poles picked up by EB Simmons 3.20-07: Electrical Installatioo Completed by E.B. Simmonds 4-10-07: Project Completed (L-32) _ ('OMPIJ::TI: (1'0('. Darryl Rlchard)~ Phase III Project Refurbishment of Median #1 and #2 on S1. Andrews at entrance to Lely off of US 41. 2-9-07: 100% plans received from t>.1cGee 2-15-07: CLM confirms quote for $8,734.47 for project 3.15-07: Project Completed (L-31) - COMPLETE -Coordination with Ted Weiner- LMA Agreement 1-13.07: Letter from Ted Weiner- received and forwarded to Scott Teach 2-15-07: No official confirmation received from Weiner that they are baking out ofLMA. Weiner had discussion with MSTU Committee Chair and requested assistance with Code Enforcement item. No further action is required on this item. (L-23) -C(lMPLFTE - (Darryl) - (FDOT) (PROJECT PRIORITY #1 AS PER I J.l7-06 MEETING) Lely Pba.. II-Landscape and Irrigation; Final 100% Design Approved by FOOT; Pennit received from Bryan DennisFDOT; Waiting on Notice to Proceed from FOOT (requires checklist approval); Cbecklist has been submitted to FOOT for approval. 5~l-06; FOOT Notice to Proceed is pending. Checklist has been approved. 4 161 1 B /l,P 5~ 15-06; Notice to proceed still pending, checklist has been approved. 5-30-06; FOOT NTP and drawings delivered to purchasing - pending advertisement from purchasing. 6-5-06: Contract Letting by Purchasing, Bids due by 6-30-06; Bee Approval for 7-25-06 meeting (Novus Deadline 01'7-10-06) 6-12.06: Bids are due June 30, 2006- bee 7-25-06 6-15-06; Pre-Bid Meeting on June 20, 2006 6-27-06; Addendum #1- in progress. 7-18-06; Bee to award bid to Vila & Sons -7-25-06 7-25-06: Bee Approved VHa& Son Contract &-17-06: Purchasing reports that Vila & Sons is completing paperwork for FDOT portion of conlract and will return it back to Purchasing prior to issue ofContractlPurchase Order. 8-22-06: Vila & Sons to return paperwork to purchasing and anticipate availability for project witlin 2 weeks. Signed contract from Purchasing/County Attorney Office is pending. NTP is anticipated on September 5, 2006. 9-1-06: Contract sent to County Attorney Office for signature by Brenda Brilhart. 9-5-06: Conversation with Kay Nell indicates that Colleen Green is assigned to review contraa.. She suggests a follow-up call in 48 hours for confirmation of approval. 9-19-06: Notice to Proceed for Vila & Son; project begins: September 19,2006 with 90 day contract period ending December 18,2006. 11-6-06: Vila & Son Pay Application # I reviewed and rejected due to non-completion of 'Preparation for Planting' line item. Pay Application will be sent back to contractor for revision. 11-7-06: Revised pay application approved for payment. Project is 57 % completed. 1-17-07: Substantial Completion Inspection; Punch-List Complete for outstanding items. Present were: Philip Thibeaux, Vila & Son; Darryl Richard, ATM Liaison; and Mike McGee, McGee & Associates; Roger Did\., Irrigation Project Manager. 2-21-07: Confirmation Final Close-out change order is processed (CO #2). (L-26) - (OMI'LElL - Order for new Sign- Pebble Beach Median #19 8-17-06: Lely MSTU Committee requ;sted that Staff have Lykins provide quote for downed sign at median # 19 Pebble Beach Drive. 8-31-06: Staff request that Lykins provide quote for issue of PO. 9-8-06: Quote Received, but committee did not approve the amount. - Only to get a quote. 10-9-06: Staff requires Lely MSTlJ Committee approval for this item in order to proceed. 10-19-06: Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the Lely Civic Associliion (BOA). The sign was originally installed by tre BOA. (L-28) - COM PI FIT - PEBBLE UEACH OVERPASS PROJECT-Road & Bridge to recomtruct asphalt on overpass. No confirmation of schedule from R& B as of today- 3.6-06 and as of5-15-06 5-30-06; Stormwater Director (Calvert) is working on project estimate and scope. To be comple~ within 2 weeks. 7-18-06: Jerry Kurtz reports project is not funded this fiscal year and there are no immediate project needs. 8-l7-06: Lely MSTU Committee requ:st review of project and reconsideration for project schedule. 8-18-06: Eugene Calvert sems email indicating that the project is not scheduled/funded by Stonnwater. 8-22-06: Committee has requested review of previous determination by Stormwater that the projtll.:t does not warrant action by Stonnwater. A TM Liaison Staff has set up a meeting on August 24, 2006 at I :00 PM to discuss. 8-24-06: Staff meets with Committee Chainnan Bob Slcbodnik to review project. 9-1-06: RLS sent to Scott Teach to contlrm that the MSTU can fund 50% of $65,000.00 project; Stormwater Dept. would fwd other 50%. 9-11-06: RLS response by Scott Teach ndicates that the MSTlJ cannot fund the project. Pending Committee action to cancel project, the project cannot be funded by MSTU funds. 10-19-06: As per County Attorney's review and response project is detennined to be a 'non-MSTlJ' Project and falls outside of the authorization as per Current MSTlI Ordinance. (L-25) - ('OivlPIY n:-I'l:nding COJlllniUI:l: ACOUll- PALM TREE REPLACEMENT - MCGEE recommendations pending as per committee request. Committee is interested in Foxtail Palms.- 7/18/06: McGee provided quote and committee waiting tor phase II before proceeding with project 8-17-06: McGee fonnal written proposal is pending. 8-17-06: Staff requests a formal written proposal from McGee & Associates at MSTI) Meeting. 8-22-06: Written Proposal from McGee is pending. 9-11.06: Anticipated delivery date 9-30-06 10-19-06: McGee provides cost estimate with recommerdations for Committee. Committee Action is required to proceed with Project (L-27) - COMPLETE - Order for new Sign at Entrance Lely MSTU US 41 at S1. Andrews; Lykins quote for $760.00 approved by Commttee on July 20, 2006. 7-24-06: Staff request to purchase for Lykins in the amount of $760.00 8-17.06: Lykins installation of sign pending. 8-22-06: PO issued to Lykins for installation of sign. Installation to be complete by 2nd week Sept. 8-31-06: Proof will be forwarded to Staff on 9-1-06 for review. 9-7-06; Darryl approved the proof. 9-22-06: Lykins begins installation of sign. 10-1.06: Lykins installation complete (L-21) ('( IMPLLTE- Flag Iighting- not working.- Anticipated completion date - September 30th, 2006 8-17-06; Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract - no fee charged 10.10-06: Lights reported 100% operational by Committee Chairman 5 161 1 B 10 (L-!) - C( lMPLLTE- Spraying of Exotic vegetatim at St. Andrews Canal-Travis Gossard contacted regarding request for re--spraying of exotics. 8-22-06: Danny Dominguez confinns that the fe-spraying of the Canal has taken place. (L -2) - (,()MPI.ITI':--Painting of Curbs and Yellow Paint at Median Tips 6-15-06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate to Cormnercial Land Maintenance proposal. 6-23-06: Requested Gerald Morris to let us know - R&B painting schedule and paint in stock? 7-6-06: Gerald emailed givilg us an update on their painting schedule and asked lVliet to resprnd to us. 7-18-06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to change lUlything. Just repaint. 7-18-06; Will purchase paint at Sherwin Williams and provide toCLM. 7-20~06: Paint and materials dropped off to CLM 8~15-06: CLM performing painting, curbs completed, painting of numbers not complete 8-22-06: Project is completed. (L~3) -COMP1.EIr: -Sign Plantings of Crown ofThom (Augusta II Forest HiIl)- eLM directed to plant crown of thorn at existing sign on July 20,2006, 8-14-06: Inspection indicated that plantings had not occurred CLM contacted. 8~22~06: Plantings of Crown of Thorn is completed. (L-4) COMP1.l':'IT- Solar Iighting~ HOA Project ~ Augusta Boulevard at Forest Hill Sign Lighting Projec," BOA to fund installation, MSTU to pay for Y2 of construdion cost. 5-15-06: Pending Purchasing approval 5-30-06: Kent Tech is revising their estimate as per contract. 6-12-06: Kent tech has provided requested quote, item being processed by Finan;e/Purchasing (L-5) -COMP! ,FTF-Lely Phase II~ (Electrical & Lighting & Irrigation Controllers): ~ Construction Cost: EB Simmonds Cost $23,0 10.00; Lumec Cost $1 7,050.00 ($1,550 per pole will poles) =Total Project $40,060.00. B.B. Simmonds is complete, FPL to power up Meter- pending. 5~ 1~06; FPL and EB Simmonds work complete. (L-6) CONlPLETf:-Potable Water Meter Removal (L 7) -COMPU;.TL-Repair of Asphalt on Forest Hill ~ COMPLETE; Andy Vanisak, Road & Bridge, performed repairs to the area al no cost to the MSTU; Initial Repair Complete (L-8) Flag Replacement- c()MPI.I:'rl:I)-Flag Order tor poles at S1. Andrews and US 41 6~ 15-06; as per committee request the flags wiU be ordered twice a year or "as needed" (L~9) ~C()MPU:TL:-Lely Phase 1- Complete (3/1/05) - COMPLETED (L~IO) ~C()MPLF n:-Drainage Project-Pebble Beach Road- Non~MSTU Project (L-II) _('I )MPI"I. rE-Drainage Project -St. Andrews Boulevanl-Embankment Cleaning~ 100% (L~12) C( JMPI,I:'I'I:-Baltusrol Culvert Inket Clean~Out 5-12-06; Project Competed by Commercial Land Maintenance (L~13) .())MPI,ETF-Baltusrol Overpass Asphalt Repair - at the request ofthe Committee Chainnan Road & Bridge performed the repair. 3-10-06; Project Completed by Road & Bridge (L-14) -COMPLl :TL.Baltusrol Tree near lift station; Committee requested staff investigate weather the tree idertified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stwnp remained. 2-2-06; Investigation by Staff concludes thal the tree stump is outside of the Right of way on Baltusrol and that the tree is either (11 Golf Course Property or Lot owner at Lot 133 Baltusrol (L~15) COMPLFTE- "Pinehurst Estates" Sign Area on Baltltirol Landscape Project; Refumishment Project to address the non-planted areas around the existing signs for the entrance into Pinehurst Estates-Lely MSTU Area. 5~5~06; Project Completed by Commercial LandMaintenance, (L~16) C(JMPLE'I'E~Doral Circle: Pepper Tree Removal 6-1-06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way. 6-15.06; Pepper Tree reported removed (L-17) -('()MPI ,LTE-Doral Circle Sign Lighting Project 3-15~06ProjectCompleted by Kent Technologrs under contract with Lely MSTU. 6 16 1 B/~ (L-18) -C()MPLLrr:-Doral Circle Bendt Area Refurbishment Project. Committee directed staff to obtain quotes for Conunercial Land Maintenance to pressure clean pavers and apply protective sealant, replace decking on ~nches, and reset shrubs in planted beds. 2-10-06; Project reported complete by Commercial LandMaintenance. (L-19) - On [lold- Phase II Project; Advanced Bench Order and Installation; As per Committee request quote was requested of Commercial Land Maintenance for the installation of benches to include storage. The arreT for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre-Bid meeting the benches are to be included in the bid for Phase II Project as an alternate. (L'20) - COMPLlTI,FLAG POLE REPLACEMENT- a. Received Quotes from mlOual contractors and other vendors. Lykens Sign Tech was low quote. Purchasing recommended Lykens Sign Tech, committee cancelled project. b. Committee has requested CLM to demolition existng poles and bases as per annual contract rates not to exceed $2,500.00 after demolition, quotes will be requested from SilJl Companies. S-I-06; PO issue is pending as per Committee Approval. S-I S-06; Sign Craft received NTP on S~ 12...()6 and waiting on material order- drawing prepared.- 3 weeks estimaled for poles to be received. 6-12-06: tlag poles to arrive witlin I week. - On site meeting wilh contract to confirm locations. 6-1 S-06; Flag poles and all materials received by contraaor; Installation to begin upon receipt of Penn it from Collier County SignPennitting. 6-27-06 : to be installed by June 30Lh pending CDS review of construction pad 7-3-06: Flag Poles are up with flags. For 4th of July..!!!! 7 .3- a:I r-I ...0 ..... / ~ ~ b -t lID ~ C "n 2 ~ "V ~ j OJ en ~ ~~ ,.::1 ,.'" u 1 < S'hl. --,--~-- r--,-- ., . 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I _,J ~ ~n Pll(),l[Cf, Prepared For: ~ ~ & /l446d4te4- ~ i ." ~ ~ I ~ LELY GOLF ESTATE, M,S.T.U, I :r ' RATTLESNAKE HAMMOCK ROAD --- C. i ii~ \ondDCOpu A"chlt',H.,tU' u ""'~... '" WctM. 'J." LANDSCAPE BUFFER RENOVATION Aa.l.lc.'UOU. ~ D[S1CH'O+~ONI.tII'T-'L.W""'''C(MENr.PL"",,,,"INQ ~ n..I",.'lC~ :;tiUl nn..k 5<17' r"",luml Tmll E...l. N"'I"_. Ru,l~~ 3,""~ ..~ HEDGE CONCEPT PLAN Phon.. U311) 4,7-0"Q7 ~u, (2"1) .17_0108 16/ 1 B Iv / GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITIEE 2885 Horseshoe Drive South Naples, FI 34104 May 15, 2008 Minutes I. Call to Order The meeting was called to order by Bob Slebodnik at 4:05 PM, II. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Caroline Soto - Budget Analyst, Nicolaci Gianfranco - Storm Water Others: Mike McGee - McGee & Associates, Darlene Lafferty - Mancan, David Schmitt - Q Grady Minor, Eric Heill - Q Grady Minor III. Approval of Agenda Add: IV, A Report from Storm Water Management regarding St, Andrews Drainage ditch V, A Damaged Bougainvillea on Forest Hills Blvd, VIII. D, Replacement of Impatients at Median 1 Robert Cole moved to approve the Agenda as amended. Second by Tony Branco. Motion carried unanimously 5-0. IV. Approval of Minutes: April 17, 2008 Robert Cole moved to approve the April 17, 2008 Minutes as submitted. Second by Kathleen Dammert. Motion carried unanimously 5-0. A. Report from Storm Water Management regarding St. Andrews Drainage ditch - David Schmitt, Q Grady Minor reported the following: . Comments from Road Maintenance should be received within the next week . Information from County Utilities has been received . Replacement of the twin culverts will include an increase in capacity and remain at the same grade . Rip rap work will be similar to S1. Andrews Blvd, and Warren S1. to include the addition of (4) drainage inlets, 1 161 18 fee . The sidewalks (south side) will be reconfigured . "Possible" relocation of the water main (North side of the Road) . Add landscaping to camouflage the replacement (Twin Culverts) . Will file Notice of Intent with DEP for generic Storm Water Permit Robert Slebodnik questioned if the Drain Inlets are wide mouth or g rate type, David Schmitt responded they are Grate type, Tony Branco noted the Grate type have problems with collecting debris which may lead to flooding, Discussions continued and it was noted that the (Twin Culvert) work will not solve the flooding problem, David Schmitt responded the flooding problem is due to not enough inlets, Darryl Richard noted the Committee preference is type F curbing. David Schmitt suggested installing 2 double sided curb Inlets in lieu of 4 single curb Inlets, Robert Slebodnik thanked Nicolaci Gianfranco for a nice job, He inquired on the Construction time, David Schmitt responded 45 days, v. landscape Maintenance Report - ClM Robert Cole reported vehicle damage to Median 12 (outgoing side,) Robert Slebodnik reported damage to the stainless steel utility box and sod at the Front entry, Discussions ensued, Darryl Richard will request Accident Reports for damages incurred from both accidents, Darryl Richard stated Road and Bridge has completed Maintenance items for the swale on US41, Robert Slebodnik responded that it has not been completed. He noted reporting the light pole numbers to Bob Peterson, Additionally Villa & Sons is not maintaining the culverts for weeds, Mike McGee reported issues with the Sprinkler System for Median 1 & 3 as turf areas are dry, Robert Cole responded that Jim Fritchey stated they are monitoring the situation, Darryl Richard announced that the Control clocks went into alarm mode on two occasions which in turn shuts the Sprinkler System down, He was advised by Jim Fritchey that sod is receiving water. It was noted when events take place notification to Roger Dick is required, Discussions ensued and it was determined that low reuse supply is a problem, It was suggested to increase the number of watering days during the week to counter balance intermittent water supply. Discussions continued and it was suggested to install a sensor to signal when there is a pump problem, Darryl Richard will request ClM install a differential switch under the terms of the Maintenance Contract. A. Damaged Bougainvillea on Forest Hills Blvd. - Jim Fritchey will be notified. 2 16 1 B!~ VI. Landscape Architect's Report - Michael McGee A. Doral Survey re-guarding Fence I new fence design with cost estimates - The Conceptual design was rejected by Storm Water due to concern of potential flooding for the Property Owners. Discussions ensued concerning the amount of dollars spent on the Project which is repeatedly rejected, David Larson reported the HOA and Commissioner Donna Fiala are very unhappy with the progress of the Project. Discussions continued and it was stated that the Line of Site is an ongoing issue, It was noted that Studies have not been conducted by Storm Water to support their concerns for potential flooding, Robert Slebodnik requested a Special meeting be scheduled, It was recommended to request Diane Flagg - ATM, Jerry Kurtz- Storm Water, Pam Lulich - Landscape Operations, and John Vilett - Road and Bridge attend the meeting, Robert Slebodnik moved to hold a Special Meeting with the following Department heads: Storm Water Management, John Vi/ett - Road and Bridge, Diane Flagg, Pam Lulich, and any other person deemed necessary. The purpose of this meeting is to resolve any outstanding issues regarding the installation of a buffering Hedge on Rattlesnake Hammock Rd, between the drainage canal and Doral Circle. Second by David Larson. Motion carried unanimously 5-0, Mike McGee stated the Conceptual Drawings will be modified and submitted at the Special Meeting, It was agreed that the Special Meeting will be titled "Review of the Landscape Proposal on Rattlesnake Hammock Rd, between the drainage ditch and Ooral Circle," Robert Slebodnik stated he will contact Commissioner Donna Fiala for a formal invitation to the Special Meeting, Tessie Sillery will coordinate the Special Meeting with all involved parties, VII. Budget Report B. Budget Committee - Caroline Soto - Bob Cole Budget Report was distributed and reviewed, (See attached) . Available Improvements General $171,500,00 . Ad Valorem Taxes $247,838,21 (Paid) . Ad Valorem Taxes $22,36179 (Outstanding) . Distributed and reviewed the FY09 Proposed Budget Draft, (See Attached) Break: 5:32 p,m, Reconvened: 5:35 p,m, VIII. Transportation Operations Report 3 A. Project Manager's Report - Darryl Richard distrible9 Jd rev!w~d Ice (See attached): ~ (L-43) Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design - Previously discussed VI. A. ~ (L-34) Ongoing Maintenance Contract - Contract changes were recommended, Robert Slebodnik provided the following comments for review: (See attached) i. 3 -5 years Median experience ii. In house Pest control iii. In house Irrigation iv, Sufficient employees for the required man hours v, Certified Arborist on staff to supervise Tree maintenance vi. Pre-qualification for Companies prior to Bid submission Darryl Richard responded that items 1-5 are specified in the Bid requirements, Discussions ensued and the following suggestions were made: . Conduct a reference check . Request a certified letter to confirm that the drive through requirement was completed . Completed check (submitted by the Bidder) . Provide a copy of Workman's Compensation Insurance and all required Licenses Tony Branco questioned if the decorative light bulbs (2) were replaced, Darryl Richard will verify with Southern Signal. B. Report Re meeting with owner of Doral Corner lot I re fence options - None C. Report from ROW re fence & impact on line of sight - Previously discussed VI, A. D. Replacement of Impatiens at Median 1 - Discussed XI. B. IX. Housekeeping Items A. Rip rap repair on St. Andrews Blvd. near Cypress Lake Condominiums - None B. Status of repairs to the Front entry - Complete X. Committee Reports - None XI. Old Business A. Future Beautification Projects - On Hold B. Grant Application - Will be in next Fiscal Year cycle, Robert Cole stated the Impatients are very woody looking, It was agreed to install Caladium. XII. New Business - None 4 , XIII.' Public Comments - None 161 1 BIle XIII. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 6:02 P.M. Lely Golf Estates Beautification MSTU Advisory Committee CK:-/.o1 g;~~ Robert Slebtdnik, Chairman These minutes approved by the Committee on as presented or amended The next meeting is scheduled for June 19, 2008 4:00 p.m. Collier County Transportation Building/East Conference Room 2885 Horseshoe Drive South, Naples, FL 34104 5 16l 18 t~ May 15,2008 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Lely MSTU Project Status (L-43) : ACTIVE (POC: Darryl Richard) Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design 11-7-07: WO # TLO-MA-3614-08,02 - $ 2, 490,00 for this project - WO in process of requesting signatures, 12-4-07: PO Issued and WO approved, 12-20-07: Initial plan review received by Pam Lulich, RLA, plans require revision, 1-7-08: Project is under staff review - pending committee review at their next meeting, 2-6-08: Meeting scheduled to review right of way - regarding the wall. 2-21-08: Official Approval by ROW is pending, As of2-21-08 (3:10 PM) 3-3-08: Committee to review recommendation for CDS Permitting, Installation of wall is not permitted through Transportation, 4-14-08: Received copy of McGee & Associates Graphic Presentation (presented to Lely Civic Association) which indicates cross-section and layout for proposed planted hedge in lieu of fence or wall. 5-2-08: Stormwater Dept, Disapproved of the conceptual plan, (L-41): ACTIVE (POC: Tessie Sillery): - McGee & Assoc, Annual Contract: 04-3614 10-9-07: Committee approved McGees proposal for $8,525,00 10-24,07: Work Order in progress J 1-6-07: County staff requested changes in the proposal. 11-9-07: Work Order in progress for signatures 12-4-07: PO Issued and WO approved, 5-15-08: need new Scope of Services Proposal for FY-09 from McGee's Office (pending) (L-34) - ACTIVE (POC: Tessie Sillery); Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04-3676 "Lely Golf Estates MSTU Roadway Grounds Main!." To Commercial Land Maintenance, Inc, - Bid # 04-3676 - plus 3 renewals. - expires on 9-28-08 10-12-07: New Fiscal Year 07-08 - PO issued and NTP given, 4- 18-08: Emailed the committee members - to review, 1 16/ 181w 5-9-08: McGee preparing Bid Documents (L,39) - - COMPLETED (POC: Darryl Richard): Irrigation Refurbishment Project 9-20-07: Committee requested for Roger Dick - County Irrigation Project Mgr, to attend next meeting, 10-18-07: Requested for estimates per Roger & McGee (team work) 11-7-07: Roger will review and attend the next Lely Meeting with quotes 12-10-07: Still reviewing pricing from AGTRONIX, 12-20-07: quote for project by CLM is pending; additional information plans/specifications requested by CLM, Confirmation of Ag- Tronix quotes by McGee pending, 1-7-08: Quote by CLM pending - McGee coordinating details, 1-17-08: Committee approved CLM Quote - $3,484,68, 1-28-08: PO sent to Agtronix - $12,688,00 total 1-30-08: Pam Lulich confmned committee can not utilize converter and valves, 2-20-08: Agronix order received at Commercial Land Maintenance 5-21-08: Completed (L-34) - ACTIVE (POC: Tessie Sillcry); Ongoing Maintenance Contract: Commercial Land Maintenance; Contract 04-3676 "Lely Golf Estates MSTU Roadway GroWlds Maint." To Commercial Land Maintenance, Inc, - Bid # 04-3676 - plus 3 renewals. - expires on 9,28-08 10-12-07: New Fiscal Year 07-08 - PO issued and NTP given, 4-18,08: Emailed the committee members-to review, 5-9-08: McGee preparing Bid Documents (L-44): CnmpklC rP()( l)arryl Richard) Palm Tree Installation Project: EIOOI729 Pebble Beam for $27,347.63; and EIOOl728 Forest Hills for $9,877,22 1-21-08: Staff authorized only Pebble Beach estimate per Committee Chair due to insufficient funds in "Incidentals" to cover both estimates. 1-21-08: Approval for Forest Hillis is pending Committee action to move monies to "ilcidentals" 3-3-08: Project Complete (L-37) - Clmplclcll- PUC- \ I CSSIC Sdkf)i : Bencb Facing Lake Project 8-17-07: Committee requested forMcGee & Commercial Land to go ahead and do the work. Bench with pavers. 8-22-07: Concept drawings due Sept. 20th for the committee. 9-20-07: McGee did not have drawings completed ll1d will submit drawings to next meeting with costs for wall in order for commnee to make decision on other projects. 10-18-08: Committee requested clarification of quote. 10-24-07: Pending CLM revising md Clarifying Qucte 11-7-07: Darryl and Jim (CLM) will be meeting on 11~8-07 to review project. 11~14"()7: Quote for Bench received- Swartz $ 793.80 11-15-07: Committee approved and bench is on order. 12-14-07: NTP- Swartz Company for Bench 12-20-07: Bench order is pending delivery to ClM. 1-16-08: Bench is on its way, traveling from Pennsylvania - will be here sometimes next wed. (L-40) - ('( H..1Pl.ITI IPt 1(-. l)<ln~ I Rldldrd! - Lift Station Beautification (Baltusrol Course Crossing) 2 161 I B (tR 9.20-07: Committee approved up to $3,000 for work to be COIlllleted by a.M. 10-16-07: eLM submitted estimate - $ 3,789.30 - over limit committee motioned 10-18-07: Committee approved quote. 10-18-07: Committee requeste McGee to do design. 11-7-07: Darryl and Jim (eLM) will be meeting on 11-8-07 to review project. 12-10-07: Utilities to address beautification. (L-42): COMPLLTI - (POC: Darryl Richardj- Rip Rap- by Cypress Lake Condominium 10-16-07: Committee requested Roa:!. and Bridge to put rip rap on bank. 12-10-07: Repaired and completed. (L-36) - (Ui'v11'1.ITJ I )ISi( iN (1'( l( I>arr"i Ril:hmd;: Doral Entrance Enhancements & WalVFence Project; Schedule: 7-19-07: Committee approves $5,000.00 for survey of project area. Ball Park Cost provided from McGee indicates $25,000 Landscaping; $80,000 for wall; and $40,000 for a fence (on top the wall); Total Project is estimated as: $145,000.00 Committee Chair will contact Lely Civic Association for cost sharing for this project. 8-16-07: Update: RWA gave estimate for $ 7,900.00 and from statfrecommendation for mstu members to make an amendment to previous motion from $5,000. to $7,900. 8-17-07: Committee requested to cut down on the size of the parameters for the fence to go up and no more than $5,000 to spend on survey. - Also, looking at County paying (rattlesmte hammock funds) for the maintenance (Pam Lulich attended meeting and gave other laniscape options) wall vs landsc~ing 8-22-07: Received estimae at $4,900 from RW A and will work order in process. 9-7'{)7: Rec'd WO from Vendor and in Work Order Process for adiitional signatures. 9-20-07: Rec'd PO 9-24-07: NTP - start date 9-24-07 and Completion date: 11-23-0'7 - PO # 4500084146 - Dated 9-20-07) WO # RW A~FT.3944-07-O 8 - "Contract 06-3944 Annual Contract For Roadways" PROJECT SCHEDULE: (L- 38) ('()MPIX1T -([it K [)arr~i I<Khard). Palm Tree Replacement Project- medians 4 to 10 median tips 9-20-07: Committee requested CLM b quote project and discuss at next meeting. 10-16'{)8: CLM submitted estimates for upcoming meeting. 10-18.{)7: Committee, staff and Mcgee discussed quotes and requested clarification. 11-7-07: Darryl and Jim (eLM) will be meeting on 11-8-07 to review project. 11-15-07: Project approved by committee md staff - contractor to proceed with annual contract. l-4.{)8: Project Completed. (L-33) - ('{)MPI J: II (I'()(' ])mryl Richard): Doral Circle Entry Feature Development; Includes installation offence along Rattlesnake Hammock Road and adjoining entry features. 5-17-07: Committee votes to commit$2,500 in consulting fees to McGee for project. McGee will bring recommendaions to 6-21-07 regular meeting. 6-15-07: Project Complete (L-22) - COMP1XlJ (P()(' D(llTyl Richard) (PROJECT PRIORITY #4 AS PER 11.17-06 MEETING) Augusta Boulevard at Forest Hill Planting Project ~ SCHEDlILE: Lely MSTU: Augusta at Forest HilI- Landscape & Irrigation PHASE Committee Approval for Hannulaquote BCC APPR NTP CONST 60 DAY Substantial Completion 90 DAY CONST CONST -COMPLETE Start - End Date 4/1912007 Not Required (105 K estimate by McGee) 5/11/2007 7/11/2007 5/11/2007,8/1012007 8/10/2007 Status: Mike McGee has completed 100% plans for project; Presentation to Golf Course Management resulted in positive approval for project; Waiting on cost estimate from McGee & Associates. 5.30-06; Drawings dated 7/14/05 received from McGe~ - Project will be scheduled for cmstruction after phase II is completed. 7-18-06: Committee has placed project on hold Wltil phase II completes. 8-22-06: Project is on hold with 100% plans approved by Golf Course and MSTU Committee. 11-16-06: Committee reviewed plans and McGee provided cost estimate of $30,000.00 for total project. MSTU Commitment for project estimated by McGee as $15,000.00; Committee Action is required to move project forward. 12-14-06: MSTU Committee selects to include golf cart crossing area into project. 1-17-07: Meeting with Golf Course Superntendent Allan Cooper to review project. 1-18-07: Golf Course Superintenient is reviewing project Portion of project is outside of ROW. Portion of project outside of ROW requires Landscape Maintenance Agreement. One (1) Spare valve is avaihble for use by the MSTU for project. 2.14-07: Request for Quote sent out- deadline March 91h, 2007 3-15-07: Committee to review quotes and select lowest quote. 4-10-07: Hannula is apparent low quote - Committee approval pending for $25,908.81 4-17-07: Committee approved for Hanula to do the job. 3 161 1 B f(e 4-30-07: PO Request in process 5-11-07: Notice to Proceed seotto Hannula. Field meeting sdleduled for May 22, 2007. Meetings to fe-occur each week on Tuesday's (L-32)- C( 1I'vIPI.I::n: -(POC: Tessie SilIery); Refurbish entrance sign- damaged by fallen palm a S1. Andrews Sign. 4-17-07 : Committee approved for Lykins PO to be opened to repair sign. Committee asked for more infonnatioo on deflector plates. 5-17-07: Connniunent from Lykins was to be complete by May 11,2007 inspection pending today's drive-through. 5-17-07: Project Complete (L-29) -(( )MI'[.I-'I'I, --{POC: Tessie SilIery) - Median Re-Painting By Road & Bridge; As per Committee Request on 11-16-06 Road & Bridge needs to paint "4" numbers at each median opening. 12-20-06: No action taken by Rooo & Bridge to date. Road & Bridge contacted pertaining Committee requestto paint curbing. 2-14-07: Painting not done by Road & Bridge 3-15-07: R&B supervisor (Don) will meet with staff to make sure the location of #'5 4-17-07: Meeting with Road & Bridge crew to start project on April 23, 2007 with Don Champlin. 4-30-07: Completed (L-30) - (OMPLLfT - (pOC Tl.:ssic Silk!)-) Flag Pole Pole Maintenance - Committee requested staff to replooe American Flag. 1-17-07: Facilities Maint. will replace flag today 1-1&-07: Flags replaced 1-1&-07: Committee requested for adifferent size flag 1-23-07 : Requested quote from Lykins 2-10-07: Single quotes and quotes for two for the committee to approve 2-15.07: Committee requested Tessie rurchase flags through internet 3-10-07: State Flag and American Flags JXlrchased (2 of each) $1&7.00 3-15-07: Flags arrived today. .!l! 3.17.07: Flags installed~ re-order will be on an as needed basis. County replacement flag is on order. (L-25) -C( )MPIJ.TI (1'0(' l}arryIRIl::hardL (PROJECT PRIORITY #3 AS PER 11-17-06 MEETING) Pebble Beach Blvd. Golf Cart Crossing Area Improvements 10-19-06: Committee directs Committee Chairman Bob Slebodnik to meet with Golf Course to determine ifproject is agreeable to Golf Course Management for Construction. 11-17-06: Committee Approved McGee & Associates Coocept Based on Foxtail Palm installation. McGee & Associates to provide one signed and sealed plan and one reproducible not signed and sealed. 12-18-06: Quote for $10,801.94 received from Commercial Land Maintenance.- on hold until see below 12-1 &-06: Quote from CLM is approved for $10,801.94 under terms of annual contract. 1-17-06: Staff notified that existing irrigation is insufficient for project. Alternative solutioos under review by McGee. 2-15-07: Requinnents for project are: (1) need 2 separate valves for irrigatim on each side of road; (2) need confirmation of energized mainline 24 hrs a day; (3) need Golf Course to relocate existilg irrigation heads; Bob Slebodnick will contact Al Cooper and schedule a meeting time for follow-up. 3-14-07: Golf Course installing irrigliion- 50% complete 4-10-07: Project Complete (L,24) ,('< 1MI'LL I! (POC Llaml R,dlaCd) - (PROJECT PRIORITY #2 AS PER 1 1-17-06 MEETING) DORAL CIRCLE LANDSCAPE, IRRlGA nON, AND LIGHTING PROJECT - Need Committee Action for award of quote 6-15-06; Quotes received, issues with quotes and discrepancies identified, Committee requested that staff re-quote project with clarification concerning the discrepancies. 6-27-06: Waiting on quotes. 7-1&-06: Need a9i4-ta& Schedule from McGee & Associates and electrical engineering 8-17-06: Quotes from Anrual Contractors for Electrical InstallationlDesignis pending. 8-21-06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8.21.06: Owner of Kent Technologies Thom Esch office visit. Thorn receives utxfated copy of plans. &-22-06: Quotes from Annual Contractors is pending. Due date is August 29,2006. &.31-06: Vendors contacted regarding quote: Kent confinns that they will quote. Sinunonds will get back to staff on 9-1-06. 9-3-06: E.B. Simmonds Electrical quote received for $15,725.00 total electrical installation. Poles By County. 9-5-06; Bid Schedule revised and sent out. 10.19-06: Committee directs staff to obtain additional quotes. E.B. Simmonds quote rejected by Committee. Request for break-down of each line item from E.B. Simmonds. 10-30-06: E.B. Simmonds request meeting with Mike McGee and Staff to review project and quote. 11-7-06: E.B. Simmonds meets with Liaison Staff and reviews original qwte. Project is re-quoted for $10,350.00 Committee Approval Required. 11-16-06: Lumec Sales Repre~ntative Ron Steedmal confinns quote of $2,500 per light for a total of$5,000.00 Committee Approval Required. 11-17-06: Committee Approved E.B. Simmonds for $10,350.00; Approved $5,000.00 for Lumec; Approved $6,025.00 for Commercial Land Maintenance or other Contractor (ck with Purchasing). 12-20-06: Light Poles are on order, upon receiJ1 E.B. Simmonds will begin electrical work, foDowed by Commercial LandMaintance installation of irrigation and landscaping. 4 161 18/b 1-17-07 : Light poles are due to be delivered on March 2, 2007 pending. PO Issued to EB Simmonds for Electrical, PO Issued to eLM for landscape project; After receipt of light poles EB Simmonds will install. 3-9-07: Received Lumec Pots for project 3-14-07: Poles picked up by EB Simmons 3-20-07: Electrical Installatioo Completed by E.B. Simmonds 4-10-07: Project Completed (L-32) - (Or-.1PI.ITI:-(P()('. Darryl Richard): Phase IlJ Project Refurbishment of Median #1 and #2 on $1. Andrews at entrance to Lely off of US 41. 2-9-07: 100% plans received from McGee 2-15-07: eLM confirms quote for $8,734.47 for project 3-15-07: Project Completed (L-31) ('OM!>I.F! L - Coordination with Ted Weiner- LMA Agreement 1-13-07: Letter from Ted Weiner- received and forwarded to Scott Teach 2-15-07: No official confirmation received from Weiner that they are baking out ofLMA. Weiner had discussion with MSTU Committee Chair and requested assistance with Code Enforcement item. No further action is required on this item. (L-23) -CiJMI'LIII - (Darryl) - (FOOT) (PROJECT PRIORITY #1 AS PER 11-17-06 MEETING) Lely Phase II-Landscape and Irrigation; Final 100% Design Approved by FOOT; Pennit received from Bryan DennisFooT; Waiting on Notice to Proceed from FOOT (requires checklist approval); Checklist has been submitted to FOOT for approval. 5-1-06; FOOT Notice to Proceed is pending. Checklist has been approved. 5-15-06; Notice to proceed &ill pending, checklist has been approved. 5-30-06; FOOT NTP and drawings delivered to purchasing - pending advertisement from purchasing. 6-5-06: Contract Letting by Purchasing, Bids due by 6-30-06; Bee Approval for 7-25-06 meeting (Novus Deadline of7-10-06) 6-12-06: Bids are due June 30, 2006 - bcc 7-25-06 6-15-06; Pre-Bid Meeting on June 20, 2006 6-27-06; Addendum #1- in progress. 7-18-06; BCC to award bid to Vila & Sons-7-25-06 7-25-06: BCC Approved Vila & Son Contract 8-17-06: Purchasing reports that Vila & Sons is completing paperwork for FOOT portion of contract and will return it back to Purchasing prior to issue of Contract/Purchase Order. 8-22-06: Vila & Sons to return paperwork to purchasing and anticipate availability for project within 2 weeks. Signed contract from Purchasing/County Attorney Office is pending. NTP is anticipated on September 5, 2006. 9-}-06: Contract sent to County Attorney Office for signature by Brenda Brilhart. 9-5-06: Conversation with Kay Nell indicates that Colleen Green is assigned to review contract. She suggests a follow-up caB in 48 hours for confirmation of approval. 9-19-06: Notice to Proceed for Vila & Son; project begins: September 19, 2006 with 90 day contract period ending December 18,2006. 11-6-06: Vila & Son Pay Application # 1 reviewed and rejected due to non-completion of 'Preparation for Planting' line item. Pay Application will be sent back to contractor for revision. 11-7-06: Revised pay application approved for payment. Project is57 % completed. 1-17-07: Substantial Completion Inspection; Punch-List Complete for outstanding items. Present were: Philip Thibeaux, Vila & Son; Darryl Richard, A TM Liaison; and Mike McGee, McGee & Associates; Roger Dick, Irrigation Project Manager. 2-21-07: Confirmation Final Close-out change order is processed (CO #2). (L-26) - ('OMI'U-TI: - Order for new Sign- Pebble Beach Median #19 8-17-06: Lely MSTU Committee reqlEsted that Staff have Lykins provide quote for downed sign at median #19 Pebble Beach Drive. 8-31-06: Staff request that Lykins provide quote for issue of PO. 9-8-06: Quote Received, but committee did not approve the amount. . Only to get a quote. 10-9-06: Staff requires Lely MSTU Committee ",proval for this item in order to proceed. 10-19-06: Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the Lely Civic Associ!i:ion (HOA). The sign was originally installed by tre HOA. (L-28) - (O\1I'1.F II. - PEBBLE BEACH OVERPASS PROJECT -Road & Bridge to recon&ruct asphalt on overpass. No confirmation of schedule from R& B as of today- 3-6-06 and as of5-15-06 5-30-06; Stormwater Director (Calvert) is working on project estimate and scope. To be complete withil 2 weeks_ 7-18-06: Jerry Kurtz reports project is not funded this fiscal year and there are no immediate project needs. 8~17-06: Lely MSTU Committee reqlEst revicm.' of project and reconsideration for project schedule. 8-18-06: Eugene Calvert sends emal indicating that the project is not scheduled/fmded by Stonnwater. 8-22-06: Committee has requested review of previous determination by Stormwater that the project does not warrant action by Stormwater. ATM Liaison Staff has set up a meeting on August 24, 2006 at 1:00 PM to discuss. 8-24-06: Staff meets with Committee Chairman Bob Slebodnik to review project. 9-1-06: RLS sent to Scott Teach to confirm that the MSTU can fund 50% 01'$65,000.00 project; Stormwater Dept. would food other 50%. 9-11-06: RLS response by Scott Teach ndicates that the MSTU cannot fund the project. Pending Committee action to cancel project, the project cannot be funded by MSTU funds. 10-19-06: As per County Attorney's review and response project is determined to be a 'non-MSTU' Project and falls outside of the authorization as per Current MSTU Ordinance. 5 161 I B /(; (L-25) - ('OMPLI 'TI ':-Pcnding COlTlIlliUcc Action - PALM TREE REPLACEMENT - MCGEE recommendations pending as per committee request. Committee is interested in Foxtail Palms.- 7/18/06: McGee provided quote and committee waiting for phase II before proceeding with project. 8-17-06: McGee formal written proposal is pending. 8-17-06: Staff requests a fannal written proposal from McGee & Associates at MSTU Meeting. 8-22-06: Written Proposal from McGee is pending. 9-11-06: Anticipated delivery date 9-30.06 10-19-06: McGee provides cost estimate with recommerxlations for Committee. Committee Action is required to proceed with Project (L-27) - c{)MPLFTF - Order for new Sign at Entrance Lely MSTU US 41 at 51. Andrews; Lykins quote for $760.00 approved by Commttee on July 20, 2006. 7~24~06: Staff request to purchase for Lykins in the amount of$760.00 8~ 17~06: Lykins installation of sign pending. 8~22~06: PO issued to Lykins for installation of sign. Installation to be complete by 2nd week Sept. 8~31 ~06: Proof will be forwarded to Staff on 9~1 ~06 for review. 9~7~06; Darryl approved the proof 9~22~06: Lykins begins installation of sign. 1O~1~06: Lykins installation complete (L~21) ('()\~I'[JTI-_ - Flag lighting -not working.- Anticipated completion date - September 30th, 2006 8~17~06; Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract - no fee charged 10-10-06: Lights reported 100% operational by Committee Otairman (L~I) - ('< )\11'1,1 'I"L- Spraying of Exotic vegetaticn at St. Andrews Canal-Travis Gossard conlacted regarding request for re-spraying of exotics. 8~22~06: Danny Dominguez confirms that the re~spraying of the Canal has taken place. (L ~2) - (,OMPI.J-.TL-~Painting of Curbs and Yellow Paint at Median Tips 6-15-06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate to Connnercial Land Maintenance proposal. 6~23~06: Requested Gerald Morris to let us know - R&B painting schedule and paint in stock? 7~6-o6: Gerald emailed givi1g us an update on their painting schedule and asked J.Vliet to respood to us. 7~18-06; Spoke to Jolm Vliet and he stated to make sure to use FOOT standards on paint and not to change anything. Just repaint. 7-18-06; Will purchase paint at Sherwin Williams and provide toCLM. 7~20-06: Paint and materials dropped off to CLM 8-15-06: CLM performing painting, curbs completed, painting of numbers not complete 8-22-06: Project is completed. (L~3) ~C()\1PI.L-II' -Sign Plantings of Crown ofThom (Augusta Ii Forest HilI)- CLM directed to plant crown of thorn at existing sign on July 20,2006, 8~ 14-06: Inspection indicated that plantings had not occurred CLM contacted. 8~22~06: Plantings of Crown of Thorn is completed. (L-4) ('( )MPLLTF- Solar lighting ~ HOA Project - Augusta Boulevard at Forest Hill Sign Lighting Proje~ HOA to fund installation, MSTU to pay for Y2 of construction cost. 5~15~06: Pending Purchasing approval 5~30-06: Kent Tech is revising their estimate as per contract. 6~12~06: Kent tech has provided requested quote, item being processed by Finan:elPurchasing (L~5) ~C< li'vll'[J-TI:~Lely Phase II~ (Electrical & Lighting & Irrigation Controllers): - Construction Cost: EB Simmonds Cost $23,010.00; Lumec Cost $17,050.00 ($1,550 per pole will poles) =TotaJ Project $40,060.00. E.B. Simmonds is complete, FPL to power up Meter- pending. 5~1 ~06; FPL and BB Simmonds work complete. (L~6) COMPI-"TI;~Potable Water Meter Removal (L 7) ~COMPIJTI:~Repair of Asphalt on Forest Hill ~ COMPLETE; Andy Vanisak, Road & Bridge, performed repairs to the area at no cost to the MSTU; Initial Repair Complete (L~8) Flag Replacement- C< )\-iPI ,1-T1:I)..Flag Order for poles at St. Andrews and US41 6~15~06; as per committee request the flags will be ordered twice a year or "as needed" (L-9) -C( IMI'I.ITI-Lely Phase 1- Complete (3/1/05) - COMPLETED (L-IO) -COMI'U-TL.Orainage Project ~Pebble Beach Road- Non-MSTU Project 6 161 1 B (eo (L-Il) -(,()'v1PI..!:.j"!-:-Drainage Project-St. Andrews Boulevard-Embankment Cleaning- 100% (L-12) C01\11'] .1-TI>Baltusrol Culvert Inlet Clean-Out 5-12-06; Project Competed by Commercial Land Maintenance (L-13) .C()M Pl.l: r I ;.Baltusrol Overpass Asphalt Repair - at the request ofthe Committee Chairman Road & Bridge performed the repair. 3-10-06; Project Completed by Road & Bridge (L-14).l'( l\1PLLTL-Baltusrol Tree near lift station; Committee requested staff investigate weather the tree idertified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stump remained. 2-2-06; Investigation by Staff concludes that the tree stump is outside of the Right of way on Baltusrol and that the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol. (L-15) ('( )\11 PL F]'I:' "Pinehurst Estates" Sign Area on Baltmrol Landscape Project; Refurbishment Project to address the non-planted areas around the existing signs for the entrance into Pinehurst Estates-Lely MSTU Area. 5-5-06; Project Completed by Commercial Land Maintenance. (L-16) ('{)r'/IPI.I:'ll'-Doral Circle: Pepper Tree Removal 6-1-06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way. 6-15-06; Pepper Tree reported removed (L-17) -0 )MPLI 'TI:-Doral Circle Sign Lighting Project 3-15-06Project Completed by Kent Technologies under contract with Lely MSTU. (L-18) -u JMflLl: fl'-Doral Circle Bench Area Refurbishment Project. Committee directed staff to obtain quotes for Commercial Land Maintenance to pressure clean pavers and apply protective sealant. replace decking on benches, and reset shrubs in planted beds. 2-10-06; Project reported complete by Commercial Land Maintenance. (L-19) - ( )n I [(lld- Phase II Project; Advanced Bench Order and Installation; As per Committee request quote was requested of Commercial Land Maintenance for the installation of benches to include storage. The ord:r for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre-Bid meeting the benches are to be included in the bid for Phase II Project as an alternate. (L-20) - (I lMl'l .III. ,FLAG POLE REPLACEMENT- a. Received Quotes from annual contractors and other vendors, Lykens Sign Tech was low quote. Purchasing recommended Lykens Sign Tech, committee cancelled project. b, Committee has requested CLM to demolition existing poles and bases as per annual contract rates not to exceed $2,500.00 after demolition, quotes will be requested from Sigl Companies. 5-1-06; PO issue is pending as per Committee Approval. 5-15-06; Sign Craft received NTP on 5-12-06 and waiting on material order- drawing prepared.- 3 weeks estimated for poles to be received. 6-12-06: flag poles to arrive witl'in 1 week. - On site meeting wi1h contract to confirm locations. 6-15-06; Flag poles and all materials received by contractor; Installationto begin upon receipt of Permit from Collier County Sigp Pennitting. 6-27-06 to be installed by June 30lh pending CDS review of construction pad 7-3-06: Flag Poles are up with flags. For 4th of July..!!!! 7 la as llllng lie atta 16Rkc~'W~ SEP 2 0, :,~:',' .' ....vO ,/ Board of County " :,)1; .",,:< ,.}ii",'_ GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples. FI 34104 August 21, 2008 Minutes I. Call to Order The meeting was called to order by Bob Slebodnik at 4:01 PM, II. Attendance: Members: Tony Branco, Robert Cole, Kathleen Dammert (Excused), David Larson (Absent), Robert Slebodnik County: Darryl Richard - Project Manager, Tessie Sillery - Operations Coordinator, Caroline Soto - Budget Analyst Others: Mike McGee - McGee & Associates, Jim Fritchey - CLM, Darlene Lafferty - Mancan III. Approval of Agenda Add: VIII, C. Discuss the Impact of Tropical Storm Fay on the Lely Storm Water Drainage System Tony Branco moved to approve the Agenda as amended. Second by Robert Cole. Motion carried unanimously 3-0. IV. Approval of Minutes: July 17, 2008 Change: VII, A. Motion should read: Motion carried unanimously "4" - 0, XII, A. Motion should read: Motion carried unanimously "4" - O. Robert Cole moved to approve the July 17, 2008 Minutes as amended. Second by Tony Branco. Motion carried unanimously 3-0. V. Landscape Maintenance Report - eLM Jim Fritchey reported the following on the Tropical Storm Fay impact - i, Tree damage ii, Removal of Debris is required iii. Forest Hills Plantings (Crown of Thorn) were was_ etJWW iv, Estimates will be submitted by next week Date: Discussions ensued it was stated that clean up from ~iical Storm Fay should be reimbursed by FEMA. ' Copies \0: Ihi Discussions continued and it was determined that Storm Wa'ter i~ responsible for gutter cleanup, The recommendation was made to inquire with Storm Water if line clearing for debris has been completed due to current high levels of standing water. 1 B [Cp Darryl Richard distributed and reviewed CLM proposal for boot removal on 14 Washingtonian Palms in the amount of $2.753,32, per Contract rates, Discussions ensued concerning replacement of the Washingtonians, It was determined that removal of the Washingtonians would required excavation of the root ball and could affect Utility lines in the median, Robert Cole moved to accept the bid (by CLM) to remove the (Washingtonian) boots in the amount of $2,753.32. Second by Robert Slebodnik. Motion carried unanimously 3-0. Mike McGee reported the following: o Loss of 1 damaged Queen Crape o Damage to Tabebui (2nd median) o Oak Trees require branch removal (at the shopping center) o Insect treatment required on Bougainvillea for caterpillar activity o Recommended replacement of 1 dead Lariape (2nd median at US41 & St. Andrews) A quote to replace the Lariape with Crown of Thorn was requested of CLM, VI. Landscape Architect's Report - Michael McGee A. Doral Survey re-guarding Fence I new Fence Design with Cost Estimates - Darryl Richard reported that quotes are due this week. Darryl Richard reported that the proposal for the New Design is under review by Storm Water. Questions arose concerning the description of the Project Area for the New Design, Mike McGee clarified the limits of the Project Area as "between the classic ROW line (Doral Circle) from Rattlesnake Hammock Rd, to the South side of the drainage canal:' including the Bridge, Darryl Richard recommended removal of the Bridge from the Project Scope as it is maintained by Road and Bridge, Discussions continued concerning the inclusion of the Bridge into the Project Area and installation of sidewalks, It was agreed to table the discussion until the September 18, 2008 meeting, Robert S/ebodnik moved to table this issue until the next meeting. Second by Tony Branco, The suggestion was made for each Committee Member to perform a site walk through. Motion carried unanimously 3-0. 2 16 1 B (~ VII. Budget Report A. Budget Committee - Caroline Soto - Bob Cole Budget Report was distributed, (See attached) VIII. Transportation Operations Report A. Project Manager's Report - Darryl Richard distributed and reviewed, (See attached) ~ (l-43) Doral Circle and Rattlesnake Hammock Wall & landscaping Conceptual Design - Out for Bid ~ (l-41) McGee & Assoc, Annual Contract - Expires 9-29-08. He announced that the Purchasing Department will attend a future meeting to explain the new Rotational Bid Award policy. ~ (l-34) Ongoing Maintenance Contract: ClM - Expires 9-28-08, He is requesting a 90 day extension. Darryl Richard requested approval for a ClM estimate in the amount of $384,34 for damage to a residential property (397 Forest Hills) by a County Vehicle, The incident occurred during a drive through inspection for Tropical Storm Fay damage, Robert Cole moved to approve the repair of damage to the Property Owners land that a county vehicle ran through, in the amount of $384.34. Second by Robert S/ebodnik. Motion carried unanimously 3-0. Tony Branco expressed frustration that for over 60 days the Main Sign Lights are operating continuously during the day, He recommended locating a Contractor who handles low priority maintenance items. It was noted that FPl has not replaced the 2 light bulbs (near the church,) Darryl Richard will contact a new vendor for the above lighting issues, B. Report on current status of Rattlesnake Hammock Fence Project - Previously discussed VIII, A. C. Discuss impact of Tropical Storm Fay on the Lely Storm Water Drainage System - Robert Slebodnik announced he has been collaborating with Val Prince for underground tube repairs and reported the following: o location - Roads between Cypress Gate Condominiums and the school parking lot o The Work Order will be received from Purchasing on Monday o Contractor - Quality Enterprises o Is a temporary fix for the tubes o The sinking of potholes (in the median) to confirm utility location and the removal of trees will be included Darryl Richard stated the (County) will disburse for new Median landscaping (over the culvert) as part of the Project. 3 161 lO/LP IX. Housekeeping Items A. Accident Reports mentioned at the May 15, 2008 Meeting - Tessie Sillery reported that Traffic Operations is responsible for Traffic Signal Boxes and has been advised, She will follow up with Pam Lulich, B. Review of new Language for the next Maintenance Contract- Darryl Richard will submit via email to the Committee by next Tuesday, XI. Committee Reports - None XII. Old Business A. Future Beautification Projects i. The Doral Circle Road ROW Buffer Area - None ii. Other Projects - None Tony Branco reported he reattached the sign backing, He suggested future replacement of the PVC with a contoured metal backing, XIII. New Business - None XIV. Public Comments - None XV. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:18 P.M. 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Wf/)_~ W>_W~~-I~-IO~ WO_f/)U~~IDID~a:::a::: ... c-.. P) ... 10 Ut .... co lJ) ~:: ~:? ~ ~ ~ t:: ~ ~ ~ t:; ~ ~ ;:s :e:e ~ ~ ~ N N N ~;;;~~~~~::;~~i:;~~ 1 b \ REC'EIVEU SEP 2 9 2008 Board of County CommiSSioners ~::t~~ RECE'~\i'"~'-' " ,_I.:e~J ~\JL. ; ",i T.E. &. c.M, Dept JUlY 18.2008 . e<:\ tJ808\lef \\Af, oelt'll Riclletd, PfOl aIlO" Collier couot'/ ,.~~~ \\Aedes l'JI.el'l\aIi'le ,.tal\5\"":' OfNe 2885 soul.h H<>{5eShO' Naples. Flo1\da341g4 ___.....st . &hlGOIle;ta\eS\IA,S.,..u.. ._~"oe AfCllIle<:\u(8l::;o>"--- of......' p{Op0S8.\ ot \.800--" . __......-1\ COOcefA. ~ oota\ Circle EoIt30C8 R"'-' "u-" 1.1 .I %.1 ~_....... . - - """........., ." .....-"s,::::::::;~::::;...-~_..-' eeeul.~_""""'~~.:......aIb'fc*f~' b'ftA&."...--p aw-'- . ~ .~~-----. -- . . t)8S\gn ~n"''''''''':::'- ..- _ east'" 0 SOll. 805% Nap\8s. floOda ' 5019 ,.a\1\Iall" "~~9\ 411..0101. Fall. l%39\ 411.0108 PhCJl'8 \..C 098. f\.. 10%3A 161 1 B t[P August 2 I, 2008 prepared by: ' I 'T 'M d a I ~;chard, Project Manger, Collter Co~nty Department of A ternatlYe ra~sportatlOn o. es D rry Sillery Operations Coordinator, Colher County Department of Altemattve Transportatton Modes Tess'" , Lely MSTU Project Status (L-43) : ACTIVE _ (POC: Darryl Richard) Doral Circle and Rattlesnake Hammock Wall and Landscaping Conceptual Design 11,7-07: WO # TLO,MA-3614-0B,02 - $ 2, 490,00 for this project - WO in process of requesting signatures, 12-4-07: PO Issued and WO approved, 12-20-07: Initial plan review received by Pam Lulich, RLA, plans require revision, 1-7,08: Project is under staff review - pending committee review at their next meeting, 2-6-08: Meeting scheduled to review right of way - regarding the wall, 2-21-08: Official Approval by ROW is pending, As of2-2\-08 (3:10 PM) 3-3-08: Committee to review recommendation for CDS Permitting, Installation of wall is not pennitted through Transportation, 4,14-08: Received copy of McGee & Associates Graphic Presentation (presented to Lely Civic Association) which indicates cross-section and layout for proposed planted hedge in lieu of fence or wall, 5-2-08: Stonnwater Dept. Disapproved of the conceptual plan, 5-15-08: Lely MSTU committee request staff and committee chair set up meeting with Commissioner Fiala Regarding Project. Meeting scheduled for 6-13-08, 6-]2-08: ROW pennitting issued pennit 08-0383-E for project. Staffwi\1 obtain (I) Bid Schedule and (2) Bid Plans from McGee & Associates, Meeting with Commissioner Fiala cancelled per Chairman Request. (LA I): ACTIVE _ (POC: Tessie Sillery)-: - McGee & Assoc. Annual Contract: 04-3614 10-9-07: Committee approved McGees proposal for $8,525,00 10-24,07: Work Order in progress 11-6-07: County staff requested changes in the proposal. I ,"-"~",,,._.,-_.- 161 1 Bl0 - Commercial Land Maintenance Full Service Landsc{lpe Management 3980 Exchange Ave. . 'Naples. FL 34104 Office: (239) 643,6205 . Fax: (239) 643,5012 E-mail: commland@aol.com ESTIMA 7!0. E1002059 CUSTOMER NO. BILL TO: Collier County Dept of Transportation 3301 East Tamiami Trail Naples, FI34112 lely - 04-3676 162541 LEL Y AT 397 FOREST HILLS DAMAGE FROM TROPICAL STORM FAY 08-19-08 80 Sod Services - removal of 80 sq, II, of sod with sod cutter 1,11 88,80 1 County Dumping Fees for materials removed from site, 40,00 40,00 0,25 Purchase and Install Floratam Sod - Sand Grown per pallet 443.44 110.86 1,5 Irrigation Technician Supervisor Labor to adjust existing irrig ilon 57,64 86,46 to new sod and replace any damaged heads, Test system, 1,5 Irrigation Technician Labor to assist. 38.81 58,22 TOTAL $384,34 THANK YOUl WE APPRECIATE YOUR BUSINESS PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE I,5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID Fiala Halas Henning Coyle Coletta 16 I 1 Rn, RECEI\j~D SEP 2 9 2008 PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit Board of County commissioners NOTICE OF PUBLIC MEETING WEDNESDAY, OCTOBER 1, 2008 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT HAMMOCK OAK CENTER, 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, OCTOBER 1, 2008 AT 1:00 P,M, 1, Introduction and Welcome of New Board Members 2, Roll Call 3, Approval of Minutes of September 3, 2008 Meeting 4, Collier County's Clam Pass Park Renovation Plan by Gary McAlpin 5, Audience Participation 6, Administrator's Report Board Members Request to Disseminate Information Resignations of Pendergrass and Staros Districllnformation (Independent, Dependent, CDD) RMA Proposal for Surface Water Utilization Plan and Permitting 7, Chairwoman's Report Appointment of Members to Committees 8, Committee Reports Clam Bay No Report Government Relations None Budget Committee None 9, Capital Projects Update on Myra Janco Daniels Blvd, Median Update on Vanderbilt Beach Rd, Bollard Lighting 10, Community Issues None 11, Plan Reviews None 12, Committee Requests 13, Audience Comments 14, Adjourn SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES t1 Copies to: Page 1 of1 161 IBn McCaughtryMary From: ashton_h Sent: Wednesday, September 10,20084:28 PM To: jlM Burke Cc: McCaughtryMary Subject: RE: BCC - PBSD Jim, She can hold the summary and distribute it at the October meeting package, It should not be distributed with the agenda package. Although a one way communication is okay, the temptation to respond is to great, I'd prefer it just be distributed at the meeting. H~ A.b.. C:d. Heidi Ashton-Cicko Assistant County Attorney Phone (239) 252-2939 Fax (239) 252-6300 From: jIM Burke [mailto:therightperson@msn.com] Sent: Wednesday, September 10, 2008 1:18 PM To: ashton_h Subject: Bee - PBSD Heidi, I want to get a summary of what took place at yesterdays Bee meeting as regards elam Bay. I need your opinion as to how, if, I can do so. . I can send the summary to Mary, at our PBSD office, and she can . 1) email to all Directors with instructions to not respond? . 2) hold for distribution with October meeting package? Either way is ok with me although I feel that sooner would be better than later. Let me know what you think? 9/25/2008 __,.___________.w.'...' ^^ RMA I \ \=GeOLOgiC Consultants, Inc. 1277l World PIlf? Bt 87, 1e~ 17 Fort Myers, FL 33907 (239) 415-1818 I Fax: (239) 419-1919 www.rma-geologic.com I e-mail: info@rma-geologic.com September 10, 2008 Mr. John Petty Division Administrator Pelican Bay Services Division 80 I Laurel Oak Drive Naples, FL 34108 Re: Pelican Bay Surface Water Utilization Plan and Permitting RMA Proposal # P08-678 Dear Mr. Petty: Pursuant to our discussions last week, please consider this correspondence as the RMA GeoLogic Consultants (RMA) proposal to provide hydrogeological consulting services to develop a plan and obtain a water use permit to optimize the use of stormwater for irrigation purposes at Pelican Bay. A detailed proposed work scope and cost proposal are provided below, Proposed Work Scope (I) All appropriate coordination will be provided throughout the project with the Pelican Bay Services Division, the Club Pelican Bay, the South Florida Water Management District (SFWMD), Collier County, and the Florida Department of Environmental Protection (FDEP), This will include preparing for and attending meetings related to the project. (2) A review will be conducted of available data detailing seasonal flows of stormwater, related to both volumes and water quality, to Clam Bay from the Pelican Bay development and other sources. (3) A review of available reports and other information related to the optimum freshwater needs and timing of predevelopment flows to the Clam Bay estuary will be conducted. This will also include a review of available information regarding the historical opening and closing of passes from the Gulf of Mexico into Clam Bay. 16 IBn September 10,2008 Mr. John Petty Page 2 (4) Historical monthly irrigation volumes for Pelican Bay and the Club Pelican Bay, along with historic climate data, will be tabulated and reviewed, This will include the volumes of reuse water provided by Collier County and the shortfalls provided by other sources of supply, (5) A water budget will be prepared detailing the irrigation needs of Pelican Bay, surface and groundwater flows, evaporation rates, rainfall volumes, groungwater and surface water withdrawal rates, and the freshwater needs of Clam Bay. (6) The control elevations of the lakes on the Club Pelican Bay golf course will be reviewed along with available water level information from groundwater monitoring wells and lake staff gauges. Possible adjustments to the elevations will be evaluated. (7) Available wet season storage volumes in the lakes, as well as possible storage options will be quantified. (8) Pumping options for the delivery of surface water for irrigation will be determined and estimated infrastructure cost opinions for the identified options will be provided, This will be planning level effort and will not include a detailed engineering design. (9) A report will be prepared detailing the feasibility of increasing the use of surface water for irrigation purposes at the Pelican Bay development. Computer modeling will be used to quantifY potential water level and water quality impacts, (10) After discussing the findings of the report, and subsequent to Pelican Bay Services Division authorization to proceed, a water use permit application will be prepared and submitted to the SFWMD to obtain an allocation for surface water use for irrigation. (II) Responses to all reasonable SFWMD requests for additional information will be provided. 161 IBn September 10,2008 Mr. John Petty Page 3 Cost Proposal Item Amount (1) Coordination $1,980.00 (2) Review available data relating volumes and quality of surface water discharges to Clam Bay 2,285,00 (3) Review available information related to the freshwater needs of Clam Bay and historical information related to the opening and closes of passes between Clam Bay and the Gulf of Mexico 2,750.00 (4) Review historical irrigation water use and needs for Pelican Bay 2,910.00 (5) Prepare water budget for Pelican Bay 2,295.00 (6) Review control elevations of Club Pelican Bay lakes 1,765.00 (7) Determine available wet season storage in Club Pelican Bay lakes and identify and quantify other potential storage options 2,590,00 (8) Identify pumping options and provide cost opinions 1,975,00 (9) Prepare report detailing feasibility of increased use of surface water for irrigation at the Pelican Bay development 3,475.00 (10) Prepare water use permit application and supporting documentation 4,545.001 (11) Provide responses to all reasonable SFWMD requests for additional information 1,880,00 Total: $28,450.00 I Does not include SFWMD permit application fee. 161 IBn September 10, 2008 Mr. John Petty Page 4 Acceptance RMA GeoLogic Consultants is pleased to have the opportunity to provide this proposal for hydrogeological consulting services to the Pelican Bay Services Division. Do not hesitate to call should you have any questions or comments regarding any aspect of this matter. You may indicate your acceptance of this proposal by signing in the space proviqed on both of the attached authorization forms, retaining one original for your records, and returning the other to us at the above address. Sincerely, ..-'"' r ;?J):J;) , ,- ~anielUquav , P.G. Vice President Licensed Professional Geologist # 1066 16 1Bn PROJECT AUTHORIZATION FOR PELICAN BAY SURFACE WATER UTILIZATION PLAN AND PERMITTING This Agreement authorizes RMA GeoLogic Consultants, Inc, to provide hydrogeologic consulting services as described in the attached letter proposal dated September 10, 2008, Billings will be made on a progress basis or upon completion of the project, whichever comes first. Payment is to be made within 30 days of the invoice date and late invoices maybe charged at a rate of 1,5% per month beyond 30 days. In the event it becomes necessary to retain attorneys to collect any amounts owed under this contract, RMA GeoLogic Consultants, Inc. shall be entitled to all costs plus a reasonable attorney's fee, This authorization constitutes a legal contract under the laws of the State of Florida, The undersigned parties have reviewed this document and agree to the scope of services to be provided and all terms of the contract. Two originals of this proposal are provided. Please sign both originals, Keep one original for your file and return the other original for our records and as our authorization to proceed. RMA GeoLogic Consultants, Inc. 1/1013 Date Authorized Agent, Title Date 16 18 tl PROJECT AUTHORIZATION FOR PELICAN BAY SURFACE WATER UTILIZATION PLAN AND PERMITTING This Agreement authorizes RMA GeoLogic Consultants, Inc. to provide hydrogeologic consulting services as described in the attached letter proposal dated September 10, 2008, Billings will be made on a progress basis or upon completion of the project, whichever comes first. Payment is to be made within 30 days of the invoice date and late invoices may be charged at a rate of 1.5% per month beyond 30 days. In the event it becomes necessary to retain attorneys to collect any amounts owed under this contract, RMA GeoLogic Consultants, Inc. shall be entitled to all costs plus a reasonable attorney's fee. This authorization constitutes a legal contract under the laws of the State of Florida, The undersigned parties have reviewed this document and agree to the scope of services to be provided and all terms of the contract. 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Commissioner~ MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, September 8, 2008 LET IT BE REMEMBERED, that the Collier County Public Vehicle Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:30 A,M, in REGULAR SESSION at the Collier County Community Development Services Division Conference room #609,2800 N. Horseshoe Drive, Naples, Florida with the following members present: CHAIRMAN: Tony Marino (excused) Reg Buxton Russ Berghuis Tom Lugrin Randall Smith Steven Quinn ALSO PRESENT: Jeff Wright, Asst. County Attorney Marlene Serrano, Investigative Supervisor, Code Enforcement Kitchell Snow, Investigator, Code Enforcement Michaelle Crowley, Investigator, Code Enforcement Colleen Davidson, Administrative, Code Enforcement Mise, Cooes: ltem#: 1~ Copies to: 161 September 8, 2008 18 It 1. Call to Order: Vice Chairman Reg Buxton called the meeting to order at 9:30 A.M, A. Roll Call Colleen Davidson called the roll and a quorum was determined. 2. Approval of Agenda Randy Smith moved to approve the Agenda as submitted. Second by Tom Lugrin. Carried unanimously, 5-0. 3. Approval of Minutes Russ Berghuis moved to approve the minutes of August 8, 2008 as Submitted. Second by Steve Quinn. Carried unanimously, 5-0. 4. Complaint Report Michaelle Crowley provided a Complaint Report and noted the report included cases since the meeting held on July 7, 2008, (See attached) She reported the following activity: . 97 Patrol Cases . 21 Complaints from the Industry and/or from Public . Written and issued 7 citations as noted on report for an expired I.D. or no I.D, Michaelle Crowley stated many of the cab companies were not aware that in December 2006 the Board of County Commissioners amended the Ordinance to allow for an "Optional Drop Rate" of $2.75, which means the taxi industry could charge either $2.50 or $2.75. Michaelle Crowley reported ongoing investigations of taxi drivers operating without a Certificate to Operate. She announced that Taxi Time has moved into the old bus station on Davis Boulevard, formally home of Checker Cab. They have installed signs at the street entrances and on the building. Taxi Time has indicated they will be pursuing trespassing charges against any competing taxicab companies that pick up passengers at that site, 5. New Business: A. New Applications: Colleen Davidson presented the following application packages. 1. Classic Comfort Transportation, LLC - Request is for a New CTO, Walt Kapinos was the applicant and was present. He stated most of his work would be airport shuttle and some sub-contract. He has a single vehicle, kept at his private residence and no other employees involved, 2 161 1 B r~ September 8, 2008 Staff noted Classic Comfort; a taxicab company already in operation had a similar name and recommended approval stating application and insurance is in order. Randy Smith asked ifthe applicant would have an objection to changing the name, in which Mr, Kapinos stated he had formed an LLC. It was suggested he could keep his corporate name, just file a different "Doing Business As." Randy Smith moved to recommend approval of the application pending name change. Second by Russ Berghuis. Carried Unanimously, 5-0. 2. Blue Bird Taxi of Lee County, Inc. - Request for a New CTO Judy Griffin was the applicant and was present. They operate in Bonita Springs and would like to operate in Collier County. Staff reported the application packet was in order with all items in compliance, including proper insurance and recommended approval. Russ Berghuis moved to recommend approval of the application. Second by Steve Quinn. Carried unanimously, 5-0. Jeff Wright, County Attorney pointed out, unlike Lee County, Collier County does not permit billboard signs on top of the vehicles. 3. Sun Coast Taxi - Request for a New CTO Mike White was the applicant and was present. Staffreported the application packet was in order with all items in compliance, including proper insurance and recommended approval. Russ Berghuis moved to recommend approval of the application. Second by Steve Quinn. Carried unanimously, 5-0. 4. Express Eagle Taxi - Request for a New CTO Amoss Raphael was the applicant and was present. Staff noted Express Taxi, a taxicab company already in operation with a similar name and recommended approval stating application and insurance was in order. Amoss Raphael stated he would name his cab company Eagle Taxi. 3 161 1 B 15 September 8, 2008 Randy Smith moved to recommend approval of the application pending name change. Second by Steve Quinn. Carried Unanimously, 5-0. 5. Coast to Coast Yellow Cab Plus - Request for a New eTa Wilson Altidor was the applicant and was present. He will be operating 2-metered cabs that will be kept at his private residence. The owner was requested to change the name by removing the word "Yellow." The applicant responded he would change the name but needed additional time to decide what the name would be because he wanted to keep the word "Plus." Staff noted that the drivers of the two vehicles must reside on the property where the vehicles are kept. Staff reported the application packet was in order with all items in compliance, including proper insurance and recommended approval. Russ Berghuis moved to recommend approval of the application pending name change. Second by Steve Quinn. Carried unanimously, 5-0. 6. Excellent Transportation - Request for a New eTa Luis Jimenez was the applicant and was present. He will be operating out of his home with one vehicle, providing shuttle service. Staff reported the application packet was in order with all items in compliance, including proper insurance and recommended approval. Russ Berghuis moved to recommend approval of the application. Second by Randy Smith. Carried unanimously, 5-0. 7. Dorian Limousine - Request for Sub eTa Staff reported the application packet was in order with all items in compliance, including proper insurance and recommended approval. Russ Berghuis moved to recommend approval of the application. Second by Steve Quinn. Carried unanimously, 5-0. 4 16i September 8, 2008 6. Old Business Marlene Serrano asked how the Advisory Committee would like proceed on the revision of the Ordinance, Discussion ensued on who, when and how to proceed and it was determined that 3 changes were already submitted to the BCC for approval. The Legal Department would complete the draft to transmit the Ordinance to the Advisory Board for approval by September 19,2008, including the 4 new components with any cleanup the staffrecommends. Tom Lugrin suggested when an applicant applies for a new Certificate to Operate, the fictitious name should be checked for similarity against companies already in operation prior to coming to the Advisory Board for approval and for the staff to suggest a name change or call the company whose name is similar and ask their opinion. 7. Speakers: Ken Mastrodomenico, Taxi Time requested a taxi stand sign be erected at the bus depot. Cabs are not allowed to wait for passengers there, Kitchell Snow stated this was not an issue for the Advisory Board and directed Mr. Mastrodomenico go to Michelle Amold::m~m~~' Ken Mastrodomenico asked why applicants requesting a CTO are asked about their experience when it really does not matter. Marlene Serrano stated this may be one of the issues to review in the new Ordinance. 8. The next scheduled meeting date is October 6, 2008, There being no further business for the good ofthe County, the meeting was adjourned by order of the chair at 10:00 A.M. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE ~>~~ Vice Chairman,Reg Burton These minutes approved by the Board/Committee on as presented or as amended 5 ~--,--"--,_.,,---,,-~--"--,~_._-_._..,,,'-~-~-'"-'-" -,"--,_.__.,,-._.,".~._-_.._-,~_. 18 \1i Fiala Halas , / Henmng SEP 2 5 2008 Coyle Coletta ROdf}Vfffi'tyfr~it"1'!''tHE MEETING OF THE COLLIER COUNTY RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE RECEIVED 161 , 100 Community Development and Environmental Services [CDES] Building; 2800 North Horseshoe Drive, Rooms 609/610, Naples, Florida, 34104; September 16, 2008 LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship Area Review Committee in and for the County of Collier, having conducted Business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the CDES Building, Rooms 609/610 2800 North Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Ron Hamel VICE CHAIRMAN: Neno Spagna Brad Cornell David Farmer (left at 12:00pm) Gary Eidson Bill McDaniel (arrived at 1 0:30am) Zack Floyd Crews Tom Jones Fred Thomas ALSO PRESENT: Thomas Greenwood, AlCP, Principal Planner and Michael DeRuntz, Principal Planner, Comprehensive Planning Department: Laura Roys, Senior Environmental Specialist, Environmental Services; and approximately 20 members of the public, I. Call Meeting to Order The meeting was called to order at 9:07 AM by Chairman HameL II. Roll Call Roll call was taken, and a quorum was established as 8 of 12 members were present initially with Bill McDaniel arriving at approximately 1O:30am, III. Approval of Agenda Mr. Thomas moved to approve the agenda as presented and seconded by Mr. Crews. , Voice Vote - Unanimously approved IV. Approval of Minutes ofthe August 5, 2008 Meeting Mr. Spagna moved and Mr. Farmer seconded to approve the minutes as distributed. Voice Vote - Unanimously approved. Mr. Hamel pointed out that page 2 of the minutes states that there will be complete review by the Committee of the entire draft report, so that there will be a second chance to review the entire document V. Presentations M' COIJes: A. Mr. Greenwood referred to and made a part of the minutes the folloJlfrig as e provided in hard copy and discussed at today's meeting: Date: /9 1 ltem#: C cpies to: 161 . IBI~ , , · Committee tasks by meeting dates for September 16, 23, 30 and October 7 and EAC meeting of November 12, CCPC on December I, and BCC on January 29, 2009. [attached to minutes) · Potential RLSA, ..,Potential Maturity under the existing RLSA Credit System, [attached to minutes) With respect to the Committee tasks, the attached was reviewed by the Committee and it was stated that the goal today is to finish the Group 3 Policies and hear from the Transportation Planning Department at Ilam regarding transportation issues related to development and the RLSA, in particular. Mr. Greenwood reviewed the September, 2008 version of the "Potential Maturity under the existing RLSA Credit System" stating the following: · It is based upon the existing system and the experience in the RLSA Overlay during the first 5 years, · It assumes that 100% of the owners of the environmentally sensitive lands will participate in the RLSAO, · It assumes that the average household size would be 2.5 persons/household and the average gross density would be 2,5 units/acre which is similar to Ave Maria and the proposed Big Cypress DR!. · Other assumptions are provided on the spreadsheet. · The number of dwelling units calculated is very close in number to the calculations provided by Van Buskirk and Associates for the East of9511nfrastructure Study, He stated that he would like to have the Committee endorse this or a similar document for inclusion in the Phase 2 Report, but that no action was required today, There were a number of questions and answers generated by the Committee and the public and, at the end of the discussion, Tom Jones thanked and complimented staff for the preparation of this document. B. Presentation of Nick Casalanguida, Director, Transportation Planning Department [presented at 11am following action taken on Policy 3.11] Norman Feder, Director of the Transportation Division, stated that: · the Committee meetings conflict with the Tuesday BCC meetings; · Transportation in the 1990's and before dealt mainly with providing transportation in the urban area but now needs to concentrate in the rural lands area as well; · There is a need to share information between the public and private sectors if the planning for public infrastructure and services in the RLSA is to be in a comprehensive and meaningful way, · Most of what he knows about the RLSA is what he has read in the newspaper. Nick Casalinguida, Director of the Transportation Planning Department, stated the following: · The East of 951 Study group is looking at rural design roads rather than urban standard roads, · Van Buskirk, the consultant on the East of 951 Infrastructure Study, has developed dwelling unit and population projections by Transportation Analysis Zones for the RLSA and other major geographies east of CR 951, · The county does not have the funds to build the roadway network. 2 161 18~ · There must be some agreement on a transportation network and alternative transportation modes for the build-out in the RLSA. · There must be funding methodology made available in the RLSA to allow for the fiscal neutrality of the public infrastructure upon the County, A memorandum of agreement needs to be developed between the county and the developer to identify where the toads will be located and how the roads will be funded, · Need to address panther crossings and how to fund them, · Need to address who is going to pay for what. . Must be a unified roadway network meeting the water management plan standards. · He stated that 2/3 of the projected county population at build out is expected to be east ofCR 951, · Need a check and balance for public improvements, An analysis needs to be done, The transportation department will have one done in about 6 months, · He stated that impact fees cannot provide all the needed improvements, but this has to be looked at as a three legged stool where land owners, county and the state each participating, Mr. Eidson stated that Transportation is asking the Committee to do something. Bill McDaniel stated that the interactive growth model developed by Van Buskirk will provide an on-going guide as to infrastructure needs as times and developments change in the East of CR 951 area. Mr. McDaniel asked what additional sources of funding would be available for future roadway construction other than the sources currently available. Mr. Casalanguida stated that an increase in the sales tax, transfer fees, a raise in the millage rates, and the proposed Panther fees are examples, Mr. Jones stated that there is some coordination going on between transportation planning and it needs to continue and that coordination may get to about 80% of what Nick is asking for by mid-October. He referred to the possible limit of a 45,000 acre SRA footprint in the RLSAO. He stated that a model can show where land uses could go, but that it is a long-term model and it will change over time, Mr. Farmer stated that he feels that the population and dwelling units are important in the RLSAO planning in that they can translate into lane miles and other governmental services, Norman Feder stated that the data and analysis do not have to be cast in stone, but the data and analysis need to address the big picture of what could happen in this geography [the RLSAO]. Bill McDaniel stated that he would like the Transportation Division's review of the RLSA Overlay, in particular Group 4 policies which relate to SRAs and with the transportation-related policies. He would get Dr, VanBuskirk to address the Committee, Mr. Greenwood stated that one of the functions of the RLSA Review Committee is to educate and promote the RLSAO and stated that there have been about 15-20 articles relating to the RLSA in the NDN since the November, 2007 inception of the Committee; that there have been at least three Transportation Department employees on the participant emaillist; and that the Group 4 policies in the on-going report include comments from Mike Greene and that any other Transportation Comments should be received this week for referral to the Committee on September 23rd when it goes through Group 4 SRA policies, Mr. Jeff Perry of Wilson Miller stated that his firm has been doing work with the Eastern Collier property owners over the years, At the time the original RLSA Overlay was adopted there was an absence of data and analysis, He will be meeting with Van Buskirk and the County to provide the necessary data and analysis to clearly indicate what infrastructure will be needed to support future developments in the RLSA. 3 16 18\~ VI. Old Business A. Phase 2... Review of Group I-Group 5 Policies of the Rural Land Stewardship Overlay [continuation). Mr. Greenwood stated that whatever action the Committee takes will appear in the DRAFT Phase 2 Report and will be subject to a second overall review by the Committee prior to its issuance of its final recommended report, Policy 3.8 Compensation to the property owner may occur through one or more of the following mechanisms: creation and transfer of Stewardship Credits, acquisition of conservation easements, acquisition of less than fee interest in the land, or through other acquisition of land or interest in land through a willing seller program, Public InDut on SeDtember 16, 2008 Mr. Dane Scofield stated that he would like to broaden the language to allow other avenues to use credits, Staff Comments: Staff suggested adding the words, "such as, but not limited to Conservation Collier" to the end of Policy 3,8, After Conunittee discussion, a motion was made by Mr. Eidson with a second by Mr. Thomas, Upon vote, the motion failed by a vote of 7-1 with Mr, Spagna voting in favor of the motion to strike the proposed language, Committee Action on September 16. 2008: Motion by Mr. Eidson with a second by Mr, Thomas to not change Policy 3,8, Upon vote, the motion carried, 8-0, Policy 3.9 I, Agriculture will continue to be a permitted use and its supporting activities will continue to be pennitted as conditional uses within FSAs and HSAs, pursuant to the Agriculture Group classifications described in the Matrix, The Ag I group includes row crops, citrus, specialty farms, horticulture, plant nurseries, improved pastures for grazing and ranching, aquaculture rtimited to Open Land designation onlvl and similar activities, including related agricultural support uses, In existing Ag I areas within FSAs and HSAs, all such activities are permitted to continue, and may convert from one type of Agriculture to another and expand to the limits allowed by applicable pennits, Once the Stewardship Credit System is utilized and an owner receives compensation as previously described, no further expansion of Ag I will be allowed in FSAs and HSAs beyond existing or permitted limits within property subject to a credit transfer, except for incidental clearing as set forth in Paragraph 2 below, 2, In order to encourage viable Ag I activities, and to accommodate the ability to convert from one Ag I use to another, incidental clearing is allowed to join existing Ag I areas, square up existing farm fields, or provide access to or from other Ag I areas, provided that the Ag I Land Use Layer has been retained on the areas to be incidentally cleared, and the Natural Resource Index Value score has been adjusted to reflect the proposed change in land cover. Incidental clearing is defined as clearing that meets the above criteria and is limited to I % of the area of the SSA. In the event said incidental clearing impacts lands having a Natural Resource Index Value in excess of 1.2, appropriate mitigation shall be provided, Public Input: 1, Review of the SSAs currently designated indicates that out of the approximately 23,000 acres that are in SSA easements, only 650 acres have been taken down to their conservation land use, The Conservancy believes that Collier County should be more active in securing lands that will be maintained for conservation 4 161 18\~ purposes, While grazing may sometimes be compatible with conservation uses, more active agricultural activities may not, especially if the environmental value of the land would benefit from restoration activities, Collier County should revisit the SSA Group 3 policies to require more SSAs be taken down to conservation through incentives or regulations, A better understanding of the uses removed within SSAs could be vetted if SSA designation was required to go through the EAC, cepc and Board of County Commissioners for approval. [Conservancy] Note: Also related to policy 3,10 ECPO Comments: The Conservancy's statement does not acknowledge that of the 24,124 acres within approved SSAs, 19,034 acres (79%) are designated as Ag-2 lands, Of the 19,034 acres under Ag-2land uses, 16,334 acres exist under native vegetation, and an additional 1,781 acres are comprised of pastures , These Ag-2 land uses retain only grazing rights and other low-intensity agricultural uses that are entirely compatible with listed species conservation, Lands within approved SSAs "maintained for conservation purposes" are therefore more accurately quantified as the sum of Ag-2 and Conservation land uses (19,684 acres), or 82% of all approved SSA lands, The designation of an SSA is a voluntary process, through which a property owner relinquishes private property rights, reduces the residual land use value of their property, and provides a public benefit by pennanently protecting natural resources and agriculture, without requiring publicly funded compensation, The rules and requirements for establishing an SSA are clear, straightforward, and are not subject to the imposition of conditions and stipulations, RLSA incentives are designed to minimize obstacles to property owners in implementing the program, Multiple public hearings are costly and time consuming, Members of the public, including advisory board members, are not precluded from commenting on an SSA at the BCC hearing, 2. Provide incentive for organic farming for ag remaining in FSAs and HSAs [FWF] 3, Continuing agricultural use in the SSAs should be with Best Management Practice (BMP) standards, at a minimum, ECPO Comments: The RLSA agricultural areas have been fanned for decades, utilizing standard agricultural operations that are covered by existing state agricultural regulations, Additional restrictions could potentially render these agricultural operations unprofitable, counter to the goals of the RLSA. The prescription of BMPs could also create disincentives for land owners to include agricultural areas within SSAs, thereby fragmenting landscape mosaics that would otherwise be protected as large, interconnected blocks ofland, Discussion durinf! Seotember ui" Meetinf!. Mr. Jones stated that he was not in favor of the Best Management Practices language because it will lead to more confusion as to who will verify it is being done, which BMP to use and for what use, Laura Roys stated staff suggested the BMP because SSAs should have higher standards and that the BMP language could be added to the Stewardship Credit Agreements, Dane Scofield stated that all his uses of land generate BMPs, Who will decide which BMP to use and how, He stated that he is opposed to the proposed BMP language, Brad Cornell stated that we should find a way to incentivize BMPs, Mr. Farmer stated that the incentives are already in place such that the property owner is not found in violation [SFWMD requires BMPs for developments of 10+ acres and DEP requires as well], Nicole Ryan stated that her organization would support BMPS in that the property owners are receiving SSAs, Mr. Eidson stated that we do not need more laws as we are short of staff to enforce the ones we have, Mr. Standridge stated that the BMPs are not regulatory, Mr. Farmer disagreed stating that property owners must use BMPs for 10+ acre developments approved by SFWMD and DEP, Rus,< Priddy stated that he 5 16/ 1 B ~~ takes special care of his lands over the years and is opposed to BMPs being placed in the RLSA Overlay and that such is a huge disincentive to participate in the RLSAO, Staff Comments: I, Continuing agricultural use in the SSAs should be with Best Management Practice (BMP) standards, at a minimum, (Engineering and Environmental Services Department) Committee Action on September 16, 2008: Motion by Mr, Thomas to add Best Management Practice to Policy 3,9 and second by Mr, Jones and, upon vote, the motion failed 8-0, Motion by Mr, Thomas and second by Mr, Jones to not amend Policy 3,9 and, upon vote, the motion carried 8-0, Brad Cornell stated that he would like to see aquaculture addressed in the LDC. Mr, McDaniel, having not been present when Policy 3,9 was discussed above, asked to consider having the language, "limited to Open Land designation only", added after the word "aquaculture" in line fourth line of Policy 3,9, After discussion, Mr, McDaniel moved and Mr, Thomas seconded to insert the language in policy 3,9 in the first paragraph to allow aquaculture in Open Lands only in the RLSA, Upon vote, the motion carried 7-0 [Mr. Farmer left the meeting at I 2:00pm and did not vote], Policy 3.10 Ag 2 includes unimproved pastures for grazing and ranching, forestry and similar activities, including related agricultural support uses, In existing Ag 2 areas within FSAs and HSAs, such activities are permitted to continue, and may convert from one type of Agriculture to another and expand to the limits allowed by applicable permits, Once the Stewardship Credit System is utilized and an owner receives compensation as previously described, no further expansion of Ag 2 or conversion of Ag 2 to Ag I will be allowed in FSAs or HSAs beyond existing or permitted limits within property subject to a credit transfer. Public Input: 1, The uses retained on lands, such as Ag 2, are not preservation lands yet they are proffered as such in subsequent development analysis, This then supports arguments to completely remove wetlands within the areas where development was to take place when in reality the ratios of natural set aside preservation lands were much smaller in comparison to the wetlands being destroyed if the Ag2 lands were excluded, While some A2 lands are in more natural states, the fact they are not truly conservation lands is misleading, (Mark Strain) ECPO Comments: The majority of SSA lands designated as Ag-2 consist of native vegetation communities and unimproved pastures and rangelands that contain both wetland and upland land cover. Once an SSA easement is placed on such property, the residential, earth mining, recreation, and intensive agriculture land use rights are removed and no further intensification of these natural areas is allowed, As a result, there is little difference between "preservation or conservation lands", and Stewardship Sending Area lands at the Ag 2 level, other than the fact that the land owner is obligated to continue to manage the land in accordance with the Stewardship Easement Agreement, rather than the public incurring this obligation and cost for public preservation land, One critical land use that is retained by the Ag-2 designation is the right to graze cattle, which is an important land management tool. In natural forest communities within the RLSA, grazing of cattle enhances forest function by suppressing exotic vegetation and controlling overgrowth in the understory, Ultimately, these Ag-2 lands do provide conservation benefits similar to those provided by public lands within and adjacent to the RLSA. With respect to wetland impacts in SRAs, the RLSA is a planning tool that works in a complimentary fashion to wetland and wildlife regulatory programs, not as a replacement. Any proposed wetland impacts and mitigation requirements are assessed and approved by the regulatory agencies for each SRA 6 16/ IB\~ independently of RLSA process, using standard methodologies such as the Uniform WetIand Mitigation Assessment Method (UMAM), The RLSA program addresses the issue on a major system basis, which regulatory programs do not, and protects vast acreages of regional flow ways and larger high-quality wetland systems that greatly exceed the wetland mitigation ratios typically required by SFWMD and the US Army Corps of Engineers, This is one reason why the Collier County RLSA is held in high regard by the SFWMD, Florida Fish and Wildlife Conservation Commission, and the US Fish and Wildlife Service, Staff Comments: Committee Action on Seotember 16. 2008: Mr. Thomas moved and Mr. Jones seconded to not amend Policy 3,10, Upon vote, the motion carried 8-0, Policy 3.11 L In certain locations there may be the opportunity for flow-way or habitat restoration. Examples include, but are not limited to, locations where flow-ways have been constricted or otherwise impeded by past activities, or where additional land is needed to enhance wildlife corridors, Priority shall Be gi',en to restoration within the Camp Keats Strand FSf. or eontigaolls HSf.s. Should a property owner be willing to dedicate land for restoration activities within a FSA or HSA the Camp Keais Strand FS.'\ or eontigaolls HS.'\s, f-our two additional Stewardship Credits shall be assigned for each acre of land so dedicated, f.n additional two Ste..vardship eredits shall be assigned for eaeb aere of land tledieated for restoration aetivities ',vithin other FSf.s and HSAs, The actual implementation of restoration improvements is not required for the owner to receive such credits and the costs of restoration shall be borne by the governmental agency or private entity undertaking the restoration. Should an owner also complete restoration improvements, this shall be rewarded with fetIT additional Credits for each acre of restored land upon demonstration that the restoration met applicable success criteria as determined by the permit agency authorizing said restoration, The additional Credits shall be rewarded for either caracara restoration at 2 Credits per acre, or for exotic control/burning at 4 Credits per acres. or for flow way restoration at 4 Credits per acre. or for native habitat restoration at 6 Credits per acre. Within the area proposed for restoration, Land Use Lavers 1-6 must be removed, The specific process for assignment of additional restoration Credits shall be included in the Stewardship District of the LDC. 2. In certain locations, as generallv illustrated in the RLSA Overlav Map. there mav be opportunities to create, restore, and enhance a northern panther corridor connection and a southern panther corridor connection. Should a propertv owner be willing to dedicate land for the purpose of establishing and maintaining the northern or southern panther corridor, 2 additional Stewardship Credits shall be assigned for each acre of land so dedicated, Should an owner also effectivelv complete the corridor restoration, this shall be rewarded with 8 additional Credits per acre, 3, In order to address a significant loss in Southwest Florida of seasonal. shallow wetland wading bird foraging habitat. restoration of these unique habitats will be incentivized in the RLSAO. Dedication of anv area inside an FSA. HSA. or WRA for such seasonal wetland restoration shall be rewarded with 2 additional Credits per acre. Should the landowner successfullv complete the restoration, and additional 6 Credits per acre shall be awarded. Onlv one type of restoration shall be rewarded with these Credits for each acre designated for restoration, 7 16 IB\C\ This policy does not preclude other forms of compensation for restoration which may be addressed through public,private partnership agreement such as a developer contribution agreement or stewardship agreement between the parties involved, Also not precluded are various private and publiclv funded restoration programs such as the federal Farm Bill conservation programs. The specific process for assignment of additional restoration credits shall be included in the Stewardship District of the LDC, Public Input: L Many acres within SSA's are Ag lands that have been used in the past for a variety of activities that have the potential to cause soil and water contamination, These uses include cattle dipping, petroleum spillage from wells and even solid waste disposal areas from hunting or remote camps, Since the SSA's are given credit for their environmental value a requirement for a clean environmental audit prior to the SSA's credit issuance on all property within the SSA should be mandatory. [Mark Strain] ECPO Comments: Cattle grazing (and its related uses), is a pennitted use tlrroughout the RLSA, and may be allowed to continue when property is voluntarily placed within an SSA by its owners depending upon the land use layers removed, Land within an SSA that has been cleared or altered for agricultural support activities will be scored accordingly, SSA lands normally remain in private ownership and the property owner retains the obligation for land management, including compliance with regulatory requirements associated with agricultural practices, Environmental Audits are typically required only in conjunction with a change in ownership, Requiring an environmental audit to be performed on thousands of acres of land would be an extraordinary expense and is therefore a disincentive for property owners to consider placing their property within an SSA. Cattle dipping vats were constructed tlrroughout the State of Florida as a result of/ocal, state, and federal programs conducted from 1906 tlrrough 1961, for the prevention, suppression, control, or eradication of the disease commonly known as tick fever by eradicating the cattle fever tick. Most vats were constructed with public funds and operated under local, state, and Federal Government supervision and control, and participation in the eradication program was mandated by state law and not voluntary, Chapter 376,306(2), Florida Statutes states: Any private owner of property in this state upon which cattle-dipping vats are located shall not be liable to the state under any state law, or to any other person seeking to enforce state law, for any costs, damages, or penalties associated with the discharge, evaluation, contamination, assessment, or remediation of any substances or derivatives thereof that were used in the vat for the eradication of the cattle fever tick. This provision shall be broadly construed to the benefit of said private owner. Any potential oil spills are closely scrutinized by the Florida Department of Natural Resources (DNR), and should there be an occurrence, immediate action is required, DNR maintains records of all petroleum spills and the action taken to address said spills, When wells are abandoned, oil companies and property owners are required to plug the wells and clean up the site under the direction of DNR. Hunting camps are handled via written leases with the property owner. The stipulations of these legal leases include the requirement for any lessee to properly dispose of all solid waste and also include annual inspection by the property owner to insure the terms of the lease are being met. Private property owners 8 16i IB\q take great care in the protection of their land when allowing others to use their property for hunting or camping purposes, 2, The Conservancy believes that retention of AG I or AG2 uses on lands where credits are generated for restoration activities creates the potential for incompatibility, Even lower-impact agricultural uses, such as unimproved pasture, may present conflicts to replanting and management for lands based on the restoration plan, The Conservancy suggests that on lands where stewardship credits are generated for restoration plans and actual restoration activities, all land use layers should be removed down to the conservation use, In addition, appropriate fencing should be required to provide a sufficient separation between agricultural uses and restoration areas, [Conservancy] ECPO Comments: The process for restoration credits requires the removal of AG 1 uses, so there is no potential for incompatibility between restoration and AG 1 uses under the RLSA program, Cattle grazing is a proven land management tool. When properly managed, cattle grazing limits under brush from becoming an extensive fire hazard, keeps exotics from more rapid proliferation, and requires more continuous oversight of the land, Removing all agricultural uses from the land would be a disincentive to restoration because there is a cost associated with land management. There must be a mechanism available to ensure that restoration and conservation remain viable options in the market. 3, The Conservancy believes Policy 3,11 should be reexamined as to the ability for additional Stewardship Credits to be obtained for dedication of land for restoration, The Conservancy believes credit should be given only on lands dedicated for restoration, where restoration has been implemented, [Conservancy] ECPO Comments: In the RLSA, restoration is a two step process, First land is dedicated for restoration, and then the restoration is completed, The RLS program assigns credits for each step, By assigning credits for the first step, dedication, the program sets aside and protects lands for a future restoration activity, When viewed in a regional context this dedication process is useful to other entities, such as Conservation Collier, when prioritizing which lands to protect and restore, To eliminate the dedication step from the credit system would be a disincentive to property owners to dedicate any restoration land until the restoration is to be completed, thereby depriving those other entities of knowing what the true regional restoration plan is, 4, Incentives for restoring farm fields in receiving [Open] areas [FWF] ECPO Comments: This conunent is apparently referring to the potential for restoring fann fields within the "Open" overlay designation, The RLSA program was designed to achieve a balance between agricultural sustainability, environmental protection, and economic development. As noted in the previous response, ample opportunities for farm field restoration already exist within the FSA and HSA overlays, While restoration within the FSA and HSA overlays can occur within a landscape matrix of native vegetation conununities, restoration within the Open overlay lacks a landscape-scale context, and should not be a priority, 5, Better handle on potential credits and restoration credits that can be generated - too many credits, [FWF] ECPO Comments: Both Collier County staff and ECPO are preparing more accurate estimation of total potential stewardship credit generation, including restoration credits, 9 16/ 1 B \q 6, Why have credits been established to be awarded just for preparing a restoration plan that does not have to be implemented? [CCPe] ECPO Comments: (See response to 3 above), 7, Restoration credits: credit should be generated only for actual restoration work, this could be a two step scale involving the start of restoration and meeting specified success criteria. [Defenders of Wildlife] ECPO Comments: The purpose of providing restoration designation credits is two-fold, One, the restoration designation credits can provide a source of capital necessary to initiate the restoration work, including the costs of pennitting, detailed restoration planning, etc, Secondly, there are situations where a land owner may be amenable to allowing a local (such as Conservation Collier), state or federal agency to perform restoration work on their land, The restoration designation credits provide an incentive for land owners to cooperate with agencies where they otherwise may have declined to participate, and the agencies can implement the restoration program, Staff Comments: I, Any level of restoration or maintenance receives the same amount of credits, The credit value should be tied to the functional lift and there should be levels of credit that could be eamed, [Engineering and Environmental Services] 2, The management plan should include more than the I exotic plants listed by County Code (FLEPPC Category I), Various other exotics have been observed, [Engineering and Environmental Services J 3, The LDC should define more specific requirements on what management plans entail. [Engineering and Environmental Services] 4, Restoration should be to a native habitat, [Engineering and Environmental Services] ECPO Comments: ECPO agrees that a tiered system of restoration credits, tied to the restoration functional lift, the difficulty of restoration, and the cost of restoration would be beneficial. An approach will be provided to the RLSA Review Committee in the near future, Management plans are currently incorporated into Stewardship Credit and Easement Agreements, so enforceability is already present in the system, We agree that it is appropriate to include the 12 Category I exotic plant species identified by FLEPPC in future management plans, The SSA restoration management plans submitted to date have included sufficient specificity to ensure the achievement of restoration goals, but we will work with the RLSA Review Committee and staff if a standardized checklist will provide clarity for all parties while preserving flexibility in restoration implementation, We disagree that restoration should be limited to native habitats, Emphasis on pasture-dependent species highlights the need for inclusion of pastures as potential restoration habitat, Caracaras, for instance, prefer properly managed pastures over any other habitat, including native dry prairie, Restricting restoration to native habitats could potentially compromise recovery efforts for these species, Public Discussion on Seotember 16. 2008 Mr. Greenwood stated that there was a proposal submitted on September 2 to provide for amendments to Policy 3,11 prepared by Wilson Miller and intended to the provide language to accommodate the Panther Protection Program, Mr. Cornell prepared and distributed at the beginning of to day's meeting a revised Policy 3,11 [attached] which was aired by those present as follows: . Mr. Farmer stated that he was concerned about unintended consequences, 10 161 18 \q · Mr. Jones stated that he thinks the breakdown is covered well and covered under the habitat language, . Mr. Farmer stated that he will vote in favor of the amendment, but wants to know how we are going to spend all the extra credits, . Tim Durham stated that Brad has the right idea, · Judy Hushon stated that caracara restoration is easy to do and that there may be too many credits being proposed for this restoration, . Mr. Jones stated that this language would go into the management plan for R-I and R-2 credits, . Russ Priddy stated that this language would go into the management plan for R-I and R-2 credits, . Laurie McDonald stated that she supports elimination of oil wells as permitted uses certain land use categories of the Land Use Matrix and that the words, "restore, and enhance" should follow "create" in the second line of paragraph 2 and that the words "and maintain" should be inserted directly after "establishing" in the fourth line of paragraph 2, . Laura Roys stated that it should be made clear that the credits will not be cumulative, . Russ Priddy stated that he has an oil well with a location that is in some of the best habitat for bear, etc, and that there is no science that shows that oil wells are degrade the habitat. . Nancy Payton stated that there is a map which has been circulated which shows the panther corridors, . Noah Standridge asked if there had been consideration given to bonding out panther credits for up front dollars, Committee Action on SeDtember 16. 2008: Mr. Jones moved and Mr. Eidson seconded to amend Policy 3,11 as shown with Brad Cornell's recommendations including the recommendations of Laurie McDonald and Laura Roys above, Upon vote, the motion carried 9-0, Motion to extend meetinl! end time to 12:30Dm Mr. Hamel stated that he would like to finish Group 3 policies today, but would need Committee approval to continuc the meeting beyond the advertised time, Mr. Thomas moved and Gary Eidson seconded to extend the end time for today's mecting from 12 pm to l2:30pm to provide time for completion of the Group 3 Policies, Upon Vote, the motion carried, 9-0 with Mr. Fanner stating that he had to leave for another appointment. Policy 3.12 Based on the data and analysis of the Study, FSAs. HSAs, WRAs, and eXlstmg public/private conservation land include the land appropriate and necessary to accomplish the Goal pertaining to natural resource protection, To further direct other uses away from and to provide additional incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand, all land within 500 feet of the delineated FSAs that comprise the Slough or Strand that is not otherwise included in a HSA or WRA shall rcceive the same natural index score (0,6) that a HSA receives if such property is designated as a SSA and retains only agricultural, recreational and/or conservation layers within the matrix. Public Input: I, The Conservancy believes that wider buffers around HSAs, FSAs and Water Retention Areas (WRAs) should be required and should be examined during the five-year assessment [Conservancy] 2, More upland buffers for Camp Keais Strand & OK Slough (FWF] ECPO Comments: The need for more upland buffers adjacent to existing FSA and HSA areas has not been demonstrated or supported by any data and analysis, Aside from that fact, Restoration Zone overlays were already designated in 2002 along key portions of both regional flow ways, and comprise over 2,000 II 16/ 18 ~ acres of potential buffers, These 500-feet wide Restoration Zones create incentives for restoration of buffers, and can work in conjunction with SRA buffers as well, Staff Comments: Committee Action on Sevtember 16. 2008: Mr. Jones moved and Mr. McDaniel seconded to not amend Policy 3.12, Upon vote, the motion carried, 7-0, Policy 3.13 Water Retention Areas (WRAs) as generally depicted on the Overlay Map have been pennitted for this purpose and will continue to function for surface water retention, detention, treatment and/or conveyance, in accordance with the South Florida Water Management District (SFWMD) pennits applicable to each WRA, WRAs can also be pennitted to provide such functions for new uses of land allowed within the Overlay, WRAs may be incorporated into a SRA master plan to provide water management functions for properties within such SRA, but are not required to be designated as a SRA in such instances, However. if the WRA provides water treatment and retention exclusivelv for a SRA, the acreage of the WRA shall be included in the SRA, WRA boundaries are understood to be approximate and are subject to refinement in accordance with SFWMD pennitting, Public Input: 1, Currently, WRAs are allowed to be used as either SSAs or as part of the water management system for a SRA, The Conservancy believes the appropriateness of utilizing WRAs as part of stormwater management should be reevaluated, especially for those WRAs that are part of historic wetland tlowways and would benefit from restoration, However, if certain WRAs are deemed acceptable for stormwater treatment and are incorporated as part of the development's stormwater treatment system for a development project, their acreage should be included within the maximum acreage of the SRA, The Conservancy would like to see this changed in Policy 3,13 and other applicable policies,[Conservancy) ECPO Comments: The comment refers to Water Retention Areas or WRAs, which are one of three types of SSA classification, Two Policies are relevant to the comment: Policy 3,13 Water Retention Areas (WRAs) as generally depicted on the Overlay Map have been permittedfor this purpose and will continue to function jar surface water retention, detention, treatment and/or conveyance, in accordance with the South Florida Water Management District (SFWMD) permits applicable to each WRA, WRAs can also be permitted to provide such junctions for new uses of land allowed within the Overlay. WRAs may be incorporated into a SRA master plan to provide water managementfunctions for properties within such SRA, but are not required to be designated as a SRA in such instances, WRA boundaries are understood to be approximate and are subject to refinement in accordance with SFWMD permitting. Policy 3,]4 During permitting to serve new uses, additions and modifications to WRAs may be required or desired, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with best management practices, Such additions and modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the WRAs unless there is compensating mitigation or restoration in other areas of the Overlay that will provide comparable habitat function, Compensating mitigation or 12 161 18 \q restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slough, The SFWMD will encourage or require that storm water continue to be directed into these reservoirs, even after converting adjoining land uses from farm to development. This is anticipated by RLS Policy 3,13 and 3,14, There will be many cases where on-going agricultural operations continue to use the WRA simultaneously with the developed land, In these cases, there is no purpose served by trying to distinguish how much of the WRA is serving the fann, and how much is serving the development, as the overall acreage of the WRA will not change, Continuing to use these systems for water retention is efficient and beneficial to the environment, and results in land use patterns that are more compact and cost effective, Eliminating water flows would negatively impact hydrology and hydroperiod and would cause detrimental changes to the habitat values of these reservoirs, These reservoirs are typically large (over I 00 acres), and often are located between the developable land and ultimate outfalls to flowway systems, In instances where a WRA is permitted to function solely for SRA water quality treatment and detention, it may be appropriate to include this acreage in the SRA acreage calculation, Public Discussion on Seotember 16. 2008 Mr. Jones stated that he supports the proposed change as outlined above because the water treatment has to be done on-site and gives the developer the ability to use the remaining lands in the SRA, He stated that they were criticized with the Town of Ave Maria SRA because they were not counting the WRA as part of its SRA, Staff Comments: Committee Action on September 16. 2008: Mr. Thomas moved and Mr. Eidson seconded to add the additional language to Policy 3,13, Upon vote, the motion carried, 7-0, Policy 3.14 During permitting to serve new uses, additions and modifications to WRAs may be required or desired, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subj ect to review and approval by the SFWMD in accordance with best management practices, Such additions and modifications to WRAs shall be designed to ensure that there is no net loss of habitat function witlrin the WRAs unless there is compensating mitigation or restoration in other areas of the Overlay that will provide comparable habitat function, Compensating mitigation or restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided witlrin or contiguous to that Strand or Slough, Public Input: Staff Comments: Committee Action on September 16. 2008: Mr. Thomas moved and Mr. McDaniel seconded to not amend Policy 3,14, Upon vote, the motion carried, 7-0, VII. New Business [none] VIII. Public Comments [none] 13 161 IB\~ IX. Next Meeting Mr. Hamel stated that he will not be able to attend the next meeting but that it will be held on September 23,2008, in Rooms 609/610 of the CDES Building, 2800 North Horseshoe Drive, in Naples, Fl. from 9:00 A.M, - 12 Noon, Mr. Greenwood stated that there is a meeting scheduled for this room between 7:30am and 9:00am and that the RLSA Review Committee meeting start may be delayed slightly,l X. Adjournment Mr. Thomas moved to adjourn the meeting, seconded by Mr. McDaniel with the motion approved unanimously with adjournment at 12:25PM, Neno Spagna These minutes approved by the Committee on 7- Z 3- 0 ?, as presented amended t or as 14 161 Committee Tasks by Meeting Date Report II Rural Lands Stewardship Area Overlay Review September 16th . Group 3 Policies . Transportation presentation September 23'd . Group 4 Policies . Full Stewardship Credit Analysis (existing program vs, proposed revised program) September 30th . Group 5 Policies . Data and analysis review October 7th . 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"-~ "J ci 161 R LS :40 f(}(/~J revIJ co"- J 18 I~ tJ,Cc v-~I Policy 3.11 Lln certain locations there may be the opportunity for flow-way or habitat restoration, Examples include, but are not limited to, locations where flow-ways have been constricted or otherwise impeded by past activities, or where additional land is needed to enhance wildlife corridors. "Fk ';o:h"~: ,civ,-tG-F ;tef' 1-' ""'-'h::G",,:,' ~ , ;:;:h 14 ~~A-8I-€er" ':~ I :;.' 'S . 3~Should a property owner be willing to dedicate land for restoration activities within a ,'S/-\ or f: SJI" -G: )-" '-S:r',I ',~1;A-m-Be'JI ,Helf; f f3+ ,fettftwo additional Stewardship Credits shall be assigned for each acre of land so dedicated.-Afh" "'iE'i' s.;,;' i I ''{ii 3-!3t~ 1" Sliji 'feH'J-;3R-i 'oj' -ef.j; " :iGi' 'Ei-k -1'8, (; ,~, -IN R--€ -F,<;;,c~, IC:-: iSA~ The actual implementation of restoration improvements is not required for the owner to receive such credits and the costs of restoration shall be borne by the governmental agency or private entity undertaking the restoration, Should an owner also complete restoration improvements, this shall be rewarded with fot-additional Credits for each acre of restored land upon demonstration that the restoration met applicable success criteria as determined by the permit agency authorizing said restoration, The, j('jtional Cre,,',s sh{!l be reyv; ,,-c':::d for c; -ac;- :"a restorE.i,Joil l"t 2 crec"'s J)er ; crt:;, YO: exc )~ control/bum'"q i" cree;-:; :ler . ere. tor ,jow \"3" restoration: J cre(l:s per ;cres i'nd for native hc,~)it; re~,Dr(,'ion i"1 6 creeL_s (:1" acre. J\F'hin 81\-::8 J2.!:.L)()sed for restorC,:kJI1, Land Use Lavers 1-6 must be removed, The ~',ec:iG !JI'OCe:3S for i3sigl'iment of ac'jition;,' restorCc.clIl credits sh" be inclur''Od in the S:'OWi, 'clsh',) [istrict c, the LOC, 2, in cert;:,'n locations, al(~nerEi'Lill.ustr"t",d on the F{Lc3A Overlay iVIa'l. there ma\'..l2.Ej ~,:Qortl:n,jes tJ create a no\'thern JX3J,u:er cor(c:lof co:"),ne,c.:')ll anq a. ::50u'i.;1E:,'n J); 'It.~)er corridor connection, Should a EIf',ertv oINner be w'nq to dedic: ,'0 I; lei for L 1E:l2..i~rpO~ " of est; illishing the northern 01 southern Qanther cOlridor. two addion:,1 Stevvardshir~ Cridrts Shi'! t:! assil,lecl tor e:;h acre of lild so i"' G,'6(', ~:houlj all OVVl18i' ,so e"ec(jvely COlT'" 3te the corridol' restoration. this shall ne rei an :!l. with 8 : jr"tlonal - cre":s per acre, 3, In order [0 i":ldress a S!C,llticant loss '11 southwest Floril 3 en seasonal. sh;,:i0vv wetli"ld wacino bird fori ,,:lq h: 1)ltat. restor,tion of \, lese un: "'.Ie 11,:);'2'S IN,:' : 'xen,iv!zed in the ['('-SAO, Oedicillon c, Cl,,! ilea 'lsic'" : I FSA. HSA. or WRA fe, such season,,! "e,land restor:.'iol1 sh: II be rewu,'~d w,d'1 2 "iciitiol1al Grec,'s per acre, Sllould the !iI1(]owner successfl"V COlT ), ,te the restori:ion. :,n ad,,' ')11'-, 6 credits per : :ere S1-1: 'I be aINarc'~cI, - This policy does not preclude other forms of compensation for restoration which may be addressed through public-private partnership agreement such as a developer contribution agreement or stewardship agreement between the parties involved. Also not precluded are vc:'ious pr!v"ie and Pli,FGallv funded restoration proor;: ,115 such a"" tile fel:"r; ,: Farm BI:, conservc'ion ,')I'O[ji'i,:ns. The specific process for assignment of additional restoration credits shall be included in the Stewardship District of the LDC, Fiala RCCEIVED Halas ~ Henning OC1 0 2 2008 Coyle commiSSioners Coletta 'J Board of Count'! MINUTES OF THE MEETING OF THE COLLIER COUNTY RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE 1 B\~ v Community Development and Environmental Services [CDES] Building; 2800 North Horseshoe Drive, Rooms 609/610, Naples, Florida, 34104; September 23, 2008 LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship Area Review Committee in and for the County of Collier, having conducted Business herein, met on this date at 9:00 A.M. in REGULAR SESSION at the CDES Building, Rooms 609/610 2800 North Horseshoe Drive, Naples, Florida, with the following members present: VICE CHAIRMAN: Neno Spagna Brad Cornell David Farmer Gary Eidson Bill McDaniel Zack Floyd Crews Tom Jones Fred N. Thomas, Jr. ALSO PRESENT: Nick Casalanguida, Director of the Transportation Planning Department. Thomas Greenwood, Principal Planner and Michael DeRuntz, Principal Planner, Comprehensive Planning Department; Laura Roys, Senior Environmental Specialist, Environmental Services; and approximately 25 members ofthe public. I. CaD Meeting to Order The meeting was called to order at 9:05 AM by Vice-Chairman Neno Spagna who chaired the meeting in the absence of Chairman Ron Hamel D. Roll Call Roll call was taken, and a quorum was established as 8 of 12 members were present. III. Approval of Agenda Mr. McDaniel moved to approve the agenda as presented and seconded by Mr. Thomas, Voice Vote - Unanimously approved IV. Approval of Minutes ofthe September 16, 2008 Meeting Mr. Thomas moved and McDaniel seconded to approve the minutes as distributed. Mr. Eidson stated that the language on page 3 at the beginning of the first paragraph needs to be added onto to read that Transportation is wanting the Committee to understand the planning and fiscal needs of the County, Mr. Thomas and Mr. McDaniel agreed to this clarifying language, Voice Vote - Unanimously approved. V. Presentations None, VI. VI. Old Business Mise. eon.: Dale: IIPage Item': Copies to: 161 1 B \~ As a preface to today's discussion, Mr. Greenwood stated the following: . Primary focus today will be upon review of the Group 4 Policies [distributed version includes all proposals advanced to date, including those from Eastern Collier Property Owners [ECPO] dated September 18 and those referred from the Transportation Planning Department received by staff on September 18th. . Review of Wilson Miller September 18, 2008 Stewardship Credit Estimates under Existing and Revised RLSA Program Also referred to were ECPO comments dated September 19 on Group 4 policies from John Passidomo and September 19 proposal from John Passidomo on behalf of ECPO to revise Policy 1.6. A. Pbase 2... Review of Group I-Group 5 Policies of tbe Rural Land Stewardsbip Overlav reontinuation! and Stewardsbip Credit Estimates under ExistiDll and Revised RLSA Prollram. Mr. Greenwood stated that whatever action the Committee takes will appear in the DRAFT Phase 2 Report and will be subject to a second overall review by the Committee prior to its issuance of its final recommended report, 1. Review of Wilson Miller September 18, 2008 Stewardship Credit Estimates under Existing and Revised RLSA Program. The Committee elected to review the attaebed September 18, 2008 memo from Wilson Miller with the discussion and review led by AI Reynolds of Wilson Miller with summarized as follows: a, Asswnptions include that 100% of the property owners will voluntarily participate in the program over time, but will likely be less; nwnbers in the September 18 memo are rounded; did not include any asswnption of any of the Open land participating in the existinll program because it would likely be very minimal because of the low credits available on such lands; b, The existing RLSA Program could generate credits sufficient to entitle approximately 43,312 Stewardship Receiving Area [SRA] acres; c. The proposed RLSA Program with revisions would generate 421,000 credits or 57,888 SRA acres but, with a modification of the credits needed to entitle I acre of SRA from 8 credits to 10 credits and reduce the SRA acreage to fall within the proposed cap of 45,000 acres; But McDaniel stated that there needs to be an economic balance between the potential credits produced and the potential of using those credits so that the credit value is not diminished to the point where it is not economically feasible for the property owners to participate voluntarily in the RLSA program, Mr. Reynolds stated that there would be a new supply of credits under the proposed revised system and that there needs to be made corresponding adjustments to increase the number of credits for SRAs and that it is impossible to predict demand 50 years into the future and that the system will need to be looked at again in 5-7 years for possible adjustment. Mr, Reynolds stated that the 128,000 base credits calculated uses the existing RLSAO is very close to those projections prepared 7 years ago when the program was just being adopted, Mr. Reynolds covered the Restoration Credit and Early Entry Bonus Credit analyses, stating that the analysis is based upon 5 years of data of SSAs 1,13 and more reliable than data available when the existing RLSA program was first adopted. Mr. Jones pointed out that the Wilson Miller analysis of RLSA maturity under the existing RLSA program is very close to that developed by County staff [and Van Buskirk through the East ofCR 951 Infrastructure Study] which are both independent of the Wilson Miller projections. Mr. Reynolds stated the proposed credit system is based upon additional possible credit generation from Agriculture Credits, Panther Corridor Credits, and Tiered Restoration. Mr. Jones stated that the proposed credit system is based upon preliminary actions taken by the Committee on Group 2 and 3 policies and that the program is voluntary and needs to be economically feasible or the property owners will not participate, Mr. 21Page 161 18\'\ Farmer asked if there is the possibility for owners of existing SSAs to come back to the county for more credits, Mr. Reynolds stated that there would probably be fewer credits possible under the proposed system for SSAs already approved, Mr. McDaniel stated that he has a problem with the 45,000-acre cap. Mr. Cornell stated that credit system needs to be balanced. Mr. Eidson stated that the system needs to be balanced and government, including transportation, needs to have some predictability to future development in the RLSA. Mr, Farmer stated that he favors a cap of 45,000 acres ofSRA and that it seems reasonable based upon the calculations he made. Mr. Jones spoke in favor of the 45,000 acre cap and that there cannot be too many credits or the system will not work. Nicole Ryan encouraged to Committee to start with the 45,000-acre cap and work backwards, rather than changing from 8 credits/ace to 10 credits/acre for enabling one acre of SRA, She also encouraged the Committee to see more emphasis on preservation, Russ Priddy stated using the system suggested by Ms, Ryan would nol be an incentive for small property owners of which he estimated there are about ]75 to 180 owners of land having 5 to 10 acres of land and that most of these tracts are carve outs of larger properties and have homes on them already, Al Reynolds completed his presentation by stating that the RLSA Program is a proactive voluntary approach to conserve environmentally sensitive lands and agricultural lands while allowing limited well-designed compact urban development to occur, He stated the 45,000 acre cap for the proposed system is intended to keep the SRA development in the future at a level close to what is now allowed under the existing system, He stated that the Horizon Year being looked at is 2015, based upon conversations with the Comprehensive Planning Department staff, B. Phase 2... Review of Group I-Group S Policies of the Rural Lapd Stewardship Overlav r continuationl The Committee discussed the following policy language with Nick Casalanguida, Director of the Transportation Planning Department: Policy 4.4 Collier County will update the Overlay Map to delineate the boundaries of each approved SRA, The countv, in coordination with the land owners within the RLSA. shall develoD a tramDortation network that has been shown to maintain the adoDted Level of Service (LOS) throu2h the build out of the RLSA east of CR-951, The build out network shall define the existin2 roadwavs that need to be improved and all DroDosed roadwavs. The Dlan shall also include the facilitv tvoe, lane needs and Drovide evidence that it is financially feasible, The countv, in coordination with the land owners within the RLSA shall identify and locate the Dublic services needed to accommodate the build out DODulation within the RLSA that would not otherwise be included within the individual SRAs. These services shall include but are not limited to: 20venunent offices, iails. court houses, landfills, maintenance facilities or anv other facilities that would otherwise require travel back to the urban area, Land shall be set aside within the RLSA to accommodate these services so thev can be constructed as thev become needed based on develoument absomtion, Such updates shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the adopted Overlay Map during the EAR based amendment process when it periodically occurs, Mr. Casalanguida stated that the County is short on cash and bonding capacity for transportation improvements as follows: · $50,000,000 commercial paper interest rate increased from 5% to 12% . Gas tax is depleted . Cannot defer costs 3lPage 161 1B\,\ He stated that deferring language is not good planning, He stated that the County will have a updated network plan within 6 months which will refine the horizon year network. No action was taken by the Committee on Policy 4.4 deferring a rewrite of the language proposed to Nick Casalanguida and John Passidomo [see discussion under Policy 4.14], Policy 4.14 The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards, An SRA proposed to adioin land designated as an SRA or lands designated as Open shall provide direct vehicular and pedestrian connections to said areas so as to reduce travel time, travel expenses. improve interconnectivitv, and keep the use of countv arterial roads to a minimum when traveling between developments in the RLSA. Public or private roads and connecting signalized intersections within or adjacent to an SRA shall be maintained by the primary town or community it serves,No SRA shall be approved unless the capacity of County collector or arterial road(s) serving the SRA is demonstrated to be adequate in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation, A transportation impact assessment meeting the requirements of Section 2,7.3 of the LDC, or its successor regulation shall be prepared for each proposed SRA to provide the necessary data and analysis, The countv. in coordination with the land owners within the RLSA, shall develop a transportation network that has been shown to maintain the adopted Level of Service (LOS) through the build out of the RLSA east of CR-95 I , The build out network shall define the existing roadwavs that need to be improved and all proposed roadwavs, The plan shall also include the facilitv type and lane needs, SRAs shall provide mitigation credits in a bank, for species, wetlands or anV other impacts which would require mitigation to expand the existing or proposed roadwav network. These credits would be made available at no cost to the countv if it can be shown that there are insufficient funds via impact fees or other revenue streams to cover the cost of the mitigation requirements, The construction and permitting of wildlife crossings and flow ways that are identified within the RLSA shall be the responsibilitv of the SRA that is adiacent to or near the identified locations, SRAs that are adiacent to existing roadwavs that must be expanded or proposed roadwavs shall provide right of wav. water management and fill material at no cost to the countv for mitigation of their transportation impacts and if it can be shown that there are insufficient funds via impact fees or other revenue streams to cover the cost ofthe roadway proiect. Mr. Thomas stated that he believed the County should move forward with its existing road construction plans and he further add that the owners should be responsible for their proportionate share of the impact of an SRA upon the County infrastructure and that the County pay its share, Mr. Casalanguida stated that is OK as long as the County has the funds to pay for the balance of the infrastructure costs required to keep the infrastructure at a level of service consistent with the Growth Management Plan. He stated that the Panther Protection Plan will add additional costs to infrastructure, Mr. Spagna asked if a special assessment wouldn't be a partial solution, Mr. Eidson stated that this conversation needs to occur now rather than later. Mr. McDaniel stated that Policy 4,14 language proposed is putting the onus on property owners due to someone else's mismanagement of funds, Mr. Thomas referred to private property owners' contributions of fill, right of way and impact fees as examples of private contributions related to SRAs, Mr. Casalanguida stated that there needs to be checks and balances and that impact fees have dried up, Mr. Jones, referring to language proposed in Policies 4.4 and 4,14, asked how property owners could predict 50 years in advance where facilities will be needed and set them aside; that the 45,000 cap SRA footprint is definable; and that landowners cannot identify something that may not occur for 50-75 years, Mr. Casalanguida referred to big ticket items such as jails, government center, etc, which are not triggered in whole by one SRA, but by a combination of several SRAs over many years, Mr. McDaniel stated that there is much long-range planning going on and referred to the Interactive Growth Model developed by Van Buskirk and the East of CR 951 Infrastructure Study as excellent examples of long range looks at infrastructure needs for the entire area of the County east of CR 951, including the RLSA 41Page 161 18\\ as well as Immokalee, Mr. Casalanguida stated that he agrees with Mr, Jones, but there is a need to get the RLSA property owners together and agree upon a plan, Mr. Jones stated that he is not opposed to long-range planning, but that he cannot predict 50+ years out. John Passidomo, speaking on behalf of ECPO, stated that he would work with Mr. Casalanguida to formulate some revised language related to Group 4 policies based on established state guidelines and guiding principles and bring them back to the Committee when it next meets, Elizabeth Fleming, of Defenders of Wildlife, asked Transportation not to show the two roads being "punched through" conservation lands as shown on the map displayed by Transportation during the September 16"' meeting and encouraged the County to move forward with requirements for corridor crossings. [at 1l:30am Fred Thomas left tbe meeting leaving a quorum of 7 members] No action was taken by the Committee on Policy 4.14 deferring a rewrite of the language proposed to Nick CasaJanguida and 10hn Passidomo. The committee took action on the following Policies as follows: Policy 4.1 Collier County will encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA. Collier County will also encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of Stewardship Receiving Areas (SRAs). Incentives to encourage and support the diversification and vitality of the rural economy such as flexible development regulations, expedited permitting review, and targeted capital improvements shall be incorporated into the WC Stewardship District. Public Comment: none Staff Comments: Committee Action taken on Seotember 23. 2008: Mr. Eidson moved and Mr. McDaniel seconded to leave Policy 4,1 unchanged, Upon vote, the motion carried, unanimously, 7-0, Policy 4.2 All privately owned lands within the RLSA which meet the criteria set forth herein are eligible for designation as a SRA, except land delineated as a FSA, HSA, WRA or land that has been designated as a Stewardship Sending Area, Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies, Due to the long-term vision of the RLSA Overlay, extending to a horizon year of 2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S., the specific location, size and composition of each SRA cannot and need not be predetermined in the GMP, In the RLSA Overlay, lands that are eligible to be designated as SRAs generally have similar physical attributes as they consist predominately of agriculture lands which have been cleared or otherwise altered for this purpose, Lands shown on the Overlay Map as eligible for SRA designation include approximately '74;SOO 72.000 acres outside of the ACSC and aooroxirnatelv +&,;00 15,000 acres within the ACSC. Total SRA desilrnation shall be a maximum of 45.000 acres, f~prexim8tel-y 2%. sf these 18888 aem0llf8 8ft IDH&J[ se6f'e greater tlHm 1.2. Because the Overlay requires SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and infrastructure, traditionallocational standards normally applied to determine development suitability are 5lPage 16/ 1 B \~ not relevant or applicable to SRAs, Therefore the process for designating a SRA follows the I'riHeijlles af the RlIf8l LBllds StcwOfdshiJlAet as l\irther described procedures set forth herein and the adooted RLSA ZonilllZ Overlav District. Public Comment: Public Input: 1, Evaluation of water consumption must be compared to actual agricultural pumpage and not permitted volumes when reviewing consumptive use impacts, Agricultural uses do not use water 12 months a year so their actual use is not consistent with the impacts of residential irrigation, This change in withdrawals over different periods of time should be reviewed for impacts on the aquifers, Also, when SFWMD converts agricultural water use to landscaping there is a reduction applied that reduced maximum availability should be used when analyzing water resources for new SRA's. [Mark Strain] ECPO Comments: Applicants are required to provide an analysis meeting SFWMD standards during water use permitting to provide assurances that the conversion from agriculture use to development uses will not cause adverse impacts to groundwater resources, surrounding wetlands, or surrounding property owners, In most cases, the conversion of land from agriculture to SRA uses reduces the consumption of groundwater by a significant percentage, Climate conditions vary from year to year, therefore actual pumpage rates and volumes can change significantly, The fact that a farm operation may not pump its maximum rate in any given year, depending on climate cycles, does not limit their legal right to do so when the demand dictates, Regarding seasonal agricultural consumption, there is a large acreage of perennial crops (e.g, citrus) in the area whose temporal irrigation demand matches that of lawn and landscape, Seasonal row crops are generally grown in the dry season and use substantial quantities of water when impacts to the aquifer are most critical. Typical landscape demand associated with future development should ameliorate rather than further impact the groundwater resource. 2. The Conservancy strongly supports further delineation of potential areas appropriate for SRAs within the plan. While the mapping of the FSAs and HSAs are prohibited from being allowed designation as SRAs, there is a large area (almost 100,000 acres) that could potentially be used as SRAs, Further refinement of areas where development should be directed, based on infrastructure and environmental compatibility, should be reviewed, For example, additional provisions should be included that further directs development and other incompatible uses away from the Area of Critical State Concern (ACSC). A maximum number of towns, villages, hamlets and CROs within the RLSA should also be explored.[Conservancy] ECPO Comments: RLS Policy 4,16 requires that an SRA have adequate infrastructure available to serve the proposed development. Infrastructure includes transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste, SRA applications are required to include several components including a natural resource index assessment, an impact assessment report (relative to infrastructure), and an economic assessment report. These components are thoroughly considered during the review process, and it is the responsibility of the applicant to justify the size, location, and land use components of a particular SRA, One town has been approved since adoption 61Page 16 I IB~ of the RLS program and it does not appear that the existing regulations have caused a proliferation of development in the area. The timing and location of future SRAs will be guided by existing market conditions and the ability of an applicant to prove that the necessary infrastructure can be provided and that the project is fiscally neutral or positive, 3, The Conservancy believes that there should be specific guidelines for distance separations between SRAs, If SRAs are allowed to be located back-to-back, without any true separation, mega-towns could result in areas where rural character should be maintained. [Conservancy] ECPO Comments: The goal of the RLS Group 4 Policies is to enable conversion of other uses in appropriate locations, while discouraging urban sprawl, and encouraging development that utilizes creative land use planning techniques, Specifically, Policy 4,11 requires the perimeter of each SRA be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property, The edges of SRAs are to be well defmed and designed to be compatible with the character of adjoining property, Also, Policy 4.14 requires an SRA to have direct access to a County collector or arterial road or indirect access via a road provided by the developer, and that no SRA shall be approved unless the capacity of County collector or arterial road(s) serving Ihe SRA is demonstrated to be adequate, Since approval of the RLS program, one 5,000-acre town has been approved, while approximately 55,000 acres of SSAs are approved or pending, 4, Establish distances between villages and towns; and distance from Immokalee. [l<'WF) ECPO Comments: The goal of the RLS Group 4 Policies is to enable conversion of other uses in appropriate locations, while discouraging urban sprawl, and encouraging development that utilizes creative land use planning techniques. Specifically, Policy 4.11 requires the perimeter of each SRA be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property, The edges of SRAs are to be well defined and designed to be compatible with the character of adjoining property, Also, Policy 4,14 requires an SRA to have direct access to a County collector or arterial road or indirect access via a road provided by the developer, and that no SRA shall be approved unless the capacity of County collector or arterial road(s) serving the SRA is demonstrated to be adequate, Since approval of the RLS program, one 5,000'acre town has been approved, while approximately 55,000 acres of SSAs are approved or pending, 5, There should be more guidance on where towns and villages can be located. As it is written now, it is possible to locate towns near each other with only a small buffer between which encourages sprall. Without planning, all the density will be located on the western portion ofthe RLSA. Ideally the towns should be spread out, with large agricultural areas between them, Maybe a maximum number of towns needs to be agreed upon and the general areas where these can be located indicated on a map, At a minimum, there needs to be more guidance provided as to where towns can be located and their buffering requirements. 1ms will facilitate all types of future infrastructure planning by the County, [Judith Hushon] ECPO Comments: Areas suitable for development are currently mapped as "Open" on the RLSA Overlay Map. The RLSA policies and implementing Land Development Code provide locational and suitability criteria as well as design standards to guide development. 'IPage 161 1 B\~ 6. Provide maps of build out scenarios, Further, just as natural resources are mapped, so should the areas most suitable for development. [Defenders of Wildlife] Seotember 23. 20008 Discussion . Brad Cornell stated that he would like to have the 45,000 acre cap proposed in the RLSA be reduced by an acreage amount each time a property is developed under the base zoning of Agriculture in amount equivalent to such acreage, . Mr, Jones stated that he likes the 45,000 cap and that we need to keep away from baseline zoning as such a mechanism will hurt the credit system, . Russ Priddy stated that one must understand that there are about 240 smaller property owners in the RLSA and that about 175-180 of these property owners own 5 to 10 acre properties, He stated that most of these properties have homes on them and, if there is 0% participation in the RLSA program by such owners, then there will be maybe 8,000 acres at a density of I unit/5 acres which is equivalent to about 1,600 units which is negligible, He stated the proposal of Mr. Cornell is not warranted and could cause more harm than good to the RLSA Overlay, Staff Comments: Staff pointed out that the proposed additions and deletions were presented by ECPO via a communication dated September 18, 2008, Committee Action: Motion Eidson and seconded by Mr, Farmer to accept the proposed amendments as shown, Upon vote, the motion carried 6-1, with Mr. Cornell voting in opposition, VII. New Business [none] VIII. Public Comments [none] IX. Next Meeting Mr. Spagna stated that the next meeting but that it will be held on September 30, 2008, in Rooms 6091610 of the CDES Building, 2800 North Horseshoe Drive, in Naples, Fl. from 9:00 A.M, - 12 Noon, X. Adjournment Mr. McDaniel moved to adjourn the meeting, seconded by Mr. Eidson with the motion approved unanimously with adjournment at 12:00PM, These minutes" approved by the amended ~ Rura'~ds' ~re ~X.L.<' Neno Spagna, Vic - hairm'1 Committee on 9- ..:3lt!::J-ogr , as presented or as 8lPage 161 19 \~ _~bI:9!!'!!!'=! .::scl TO: FROM: DATE: SUBJECT: Tom Greenwood WilsonMiller September 18, 2008 Estimates of Stewardship Credits under the current and revised RLSA Program and recommendation for Credit calibration As requested, we have reviewed the RLSA Credit System to estimate and compare the potential credits that can be generated under the current RLSA Program and under the RLSA as it may be revised in accordance with the Collier County Rural Lands Stewardship Area Review Committee's (CCRLSARC) discussions. EXECUTIVE SUMMARY: A. The currently adopted RLSA Program is estimated to produce a total of 315,000 Stewardship Credits assuming 100% property owner participation. These Credits would entitle a maximum of 43,312 SRA acres, including allowance for pUblic benefit uses, Approximately 43,700 acres of Open designated land would remain with baseline rights, and some or all of this land could potentially be converted from Agriculture to development at 1 unit per 5 acres (or other permitted baseline uses). B. Three proposed modifications to the RLSA Program have been conceptually approved by the CCRLSARC, including Agriculture Credits, Panther Corridor Credits, and Tiered Restoration. Should the three modifications described above be adopted without further changes, and again assuming 100% property owner participation, including all Open designated land outside of SRAs being placed into Agriculture SSAs, the program is estimated to produce 421,000 Credits and 57,888 SRA acres, C, With certain recommended adjustments to the RLSA Credit system further detailed in this report under Section 3, including a change from 8 Credits per SRA acre to 10 Credits per SRA acre, the RLSA Program would produce a total of 404,000 Credits, All remaining Open designated land is assumed to be within Agriculture SSAs, This number of Credits would fall within an appropriate range to comply with the proposed cap of 45,000 SRA acres, as further detailed below. D, Conclusion: The proposed modifications to the RLSA Program, coupled with recommended adjustments set forth herein, will meet the Goal and Objective of the RLSA and will reduce the potential total development footprint by nearly 50%, 16 , 1 Bt\ 2 METHODOLOGY AND RESULTS OF ANALYSIS The methodology and results for this analysis are described below and all Credit estimates have been rounded to the nearest 1,000, Please note that we have used a different methodology (described in detail below) than the County to arrive at an estimate of potential Credits and development acres at maturity under the current program, but the results are comparable (315,000 Credits compared to 316,761 Credits). 1. CURRENTLY ADOPTED RLSA PROGRAM Base Credits Base Credits are the Credits generated by use of the Natural Resource Index and Land Use Layer System. They are created from FSAs, HSAs, WRAs and Open lands that are designated as SSAs by the property owners. To estimate the total potential Base Credits, we performed a model run of the NRI values and current mapping of AG1 and AG 2 land uses as recently adjusted during the Stage 1 process. We have assumed that all FSAs, HSAs and WRAs become SSAs with land use layers removed down to current AG1 or AG2 use. We have applied this model to all of the FSAs, HSAs and WRAs lands regardless of whether they are in approved SSAs or not. We then compared the modeled credits to actual SSA Base Credits generated from SSAs 1-13, and this analysis shows that actual Base Credits in these approved SSAs are approximately 15% greater than the model due to the inclusion of more site specific data, such as listed species surveys which have enabled a greater level of accuracy in calculating NRI values. However, we expect this variance will be less going forward based on the composition of future SSAs being more heavily weighted toward WRAs. Therefore we applied an adjustment factor of 10% to the model derived Base Credits (116,329). The rounded total estimate is 128,000 Base Credits, Restoration Credits Restoration Credits are generated by application of Policy 3,11, Because these Credits are dependent on site specific conditions that require detailed evaluations and restoration planning and permitting by each property owner, as well as successful implementation, it was not possible to estimate these Credits at the inception of the RLSA Program. We now have 5 years of actual data from 13 SSAs that we can use to estimate the use of the restoration program. Notwithstanding, the same variables of site specific conditions, owner decisions, and permitting requirements will still apply to future restoration. For this estimate, the following approach has been used: Total acres of FSA, HSA, and Restoration Zone within RLSA: 73,000 Acres of planned restoration, SSAs 1-13: 12,000 Acres deemed not suitable for restoration. SSAs 1-13 21.000 Maximum eligible acreage for future restoration: 40,000 161 IH\~ 3 For SSAs 1-13. approximately 29% of the total acreage is proposed for restoration. Assuming that the same percentage applies to the 40,000 acres that are eligible for future restoration, 11,600 additional acres would be restored (40,000 x 0.29 = 11.600). The projected additional restoration credits generated under the current system would be approximately 78,000 credits. as shown in the table below: The total estimate for restoration credits under the current system Is: Approved restoration credits (SSAs 1-9, 11): 28,000 Pending restoration credits (SSAs 10.12,13): 54.000 Estimated future restoration credits (rounded): 78.000 Total restoration credit estimate for current system: 160,000 Earlv Entry Bonus Credits RlSA Policy 1,21 provides for a maximum of 27,000 Early Entry Bonus Credits, These Credits are available until January 2009, at which time they are no longer available, Potential Credits and SRA acres under currentlv adoDted RlSA Proaram Base Credits: 128,000 Restoration Credits: 160,000 Earlv Entry Bonus Credits: 27,000 Total Credits: 315,000 Credits SRA Acres at 8 Credits per acre: Public Benefit Acres estimated at 10%: Total SRA Acres: 39,375 Acres 3.937 Acres 43,312 Acres Remainina Baseline develoDment Dotential Open land not included in SRAs or SSAs ACSC Open land """.ml\lonAC;SC Open l~rl~ Total remaining Open land 15,000 Acres 28,700 Acres _ ."____.___.m_.___.__.m__M 43,700 Acres 161 1B\~ 4 2. PROPOSED RLSA MODIFICATIONS Three proposed changes to the RLSA Program have been conceptually approved by the CCRLSARC that would change the Credit estimates described previously. Two are new credit categories that resulted from the Florida Panther Protection Program, and the third is a proposed modification to the Restoration Credit system, Agriculture Credits These Credits result from a property owner agreeing to eliminate non- agricultural uses from Open designated land and are an alternative to development under baseline zoning rights, Our estimates are calculated based on the acreage of privately owned Open designated land in the ACSC not already included in approved SSAs (approximately15,OOO acres) at 2.6 Credits per acre yielding 39,000 Credits, and privately owned Open designated land outside of the ACSC (approximately 72,000 acres), less the amount of potential SRA acres proposed under the Florida Panther Protection Program (45,000) and less the acreage of a potential Panther Corridors on such Open Lands (approximately 1,300 acres) and miscellaneous land (700 acres), This results in an estimated 25,000 acres of Agriculture outside of the ACSC at 2.0, or 50,000 Credits, Therefore, the rounded total estimate is 89,000 total Agriculture Credits. Panther Corridor Credits Panther Corridor Credits result from a property owners agreeing to designate land and construct improvements to implement the north and south Panther Corridors referenced in the Florida Panther Protection Program, These corridors will require the use of both Open Lands and WRAs. We currently estimate approximately 1,300 acres of Open land and 1000 acres of WRA land In the north and south corridors would be required for a total of 2,300 acres at 10 Credits per acre, or 23,000 Panther Corridor Credits. It is possible for these acreages to be more or less, and the viability of these corridors is currently under review by the Florida Panther Protection Program Scientific Technical Review Committee, Tiered Restoration Credit Estimates The proposed tiered restoration system is a modification to the current program to better define the type and relative value of different restoration types. For this estimate, we assume that 11,600 acres within future SSAs are suitable for restoration activities as previously described, with 600 acres dedicated for panther habitat restoration, and the remaining 11,000 acres split equally between the four other restoration types (caracara, exotic removal! burning, flow way, and native habitat restoration). For this analysis, we also assume that approved and pending SSAs will be considered as vested under the current program, and that future SSAs will use the tiered system, The calculations are as follows: 161 Panther Habitat 600 10 6,000 Caraeara 2,750 4 11,000 Exotie Control/Burnin 2,750 6 16,500 Flow Wa 2,750 6 16,500 Native Habitat Rest. 2,750 8 22,000 Total 11,600 N/A 72 000 The total estimated restoration credits with implementation of the tiered system for future SSAs are shown below: Approved restoration credits (SSAs 1-9, 11): Pending restoration credits (SSAs 10, 12, 13): Estimated future restoration credits: Tiered Restoration Credits: 28,000 54,000 72.000 154,000 These restoration estimates are subject to variation based on site specific analysis for restoration suitability. decisions made by the property owner, approval by the County and permitting agencies and successful restoration implementation. Potential Credits and SRA acres under a revised RLSA Proaram Should the three modifications described above be adopted without further changes, there would be the following resulting Credits and SRA acres: Base Credits: 128,000 Restoration Credits: 154.000 Early Entry Bonus Credits: 27,000 Agriculture Credits 89.000 Panther Corridor Credits 23.000 Total Credits: 421,000 Credits SRA Acres at 8 Credits per acre: Public Benefit Acres at 10%: Total SRA Acres: 52,625 Acres 5.263 Acres 57,888 Acres Remainina Baseline develoDment Dotential Open Land not included in SRAs or SSAs o Acres IB l~ 5 161 1 B \1\ 6 3. ADJUSTMENTS TO ACHEIVE 45.000 ACRE SRA CAP The Florida Panther Protection Program has called for a cap of 45,000 SRA acres in the RLSA, and should this cap be reflected in the revised RLSA Program, certain adjustment will be necessary so that the RLSA Credit System will produce sufficient Credits to entitle a potential 45,000 acre SRA scenario, without leaving a substantial number of excess Credits. The following items are recommended: 1, The cap of 45,000 SRA acres will Include public benefit acres, 2, The proposed Tiered Restoration System will be used for all future SSAs, 3. No extension of the Early Entry Bonus Program beyond January 2009, Approximately 7,000 EEBs not included in approved or pending SSAs will be eliminated. 4, A change in the SRA Credit Ratio from 8 Credits per SRA acre to 10 Credits per SRA acre for Credits generated from any future, non-vested SSAs, 5, SSA vesting will be applied as follows: a, All approved SSAs (1 -9, 11) would be vested at the 8 Credit per SRA acre ratio and in accordance with the restoration programs set forth therein. This represents a total of 73,488 credits. Any SRA acres entitled with these Credits will be computed at the current 8 Credit per acre ratio, This includes Credits and SRA acres already approved for and applied to the Town of Ave Maria, b, Proposed SSAs 14, 15, and 16 would be vested at the current 8 Credit per SRA acre ratio to the extent required to entitle the proposed Town of Big Cypress DRIISRA, These SSAs will include restoration designation credits at the current rate of 4 per acre in the Camp Keais Strand, Total restoration credits per acre will not exceed the level provided under the new tiered system as approved, This represents an estimated total of 24,000 Credits and 3,000 SRA acres, c, Proposed SSAs 10, 12, and 13 will continue to be processed and approved under current adopted standards (8 Credits per SRA acre and non-tiered restoration), Should all of the proposed modifications be approved, the owners of these SSAs will agree to subsequently amend these SSAs to adjust to the 10 Credit per SRA acre ratio and tiered restoration system following approval and adoption of these new standards. This would reduce the estimated restoration credits by 10,000. Should the proposed modifications not be adopted, these SSAs will not be amended. 6, All new SSAs will conform to the new adopted standards, 161 IB,q 7 With these adjustments, the following table shows the resulting number of Credits and potential SRA acres: Estimated Credits {assuming full DroDertv owner DarticiDationl: Base Credits from all NRI based SSAs 128,000 Early Entry Bonus Credits (upon phase out) 20,000 Restoration Credits 144,000 Agriculture Credits (40,000 acres) 89,000 Panther Corridors {assumes 2.300 acresl 23,000 Total Estimated Credits 404,000 Proiected SSA SUDDlv of Credits SSAs 1-9, 11 Vested Credits (approved) SSAs 14-16 Vested Credits {estlmatedl SSA Credits vested at 8 Credits per SRA acre Remaining SSAs at 10 Credits per SRA acre 73.488 credits 24,000 credits 97.488 credits 306,512 credits Proiected SRA acres assuming all Credits are used: SRA acres entitled at 8 Credits per acre 12,186 acres SRA acres entitled at 10 Credits oer acre 30.651 acres Subtotal of Credit entitled SRAs 42,837 acres Public benefit acres estimated at 10% 4.283 acres Total potential SRA acres 47,120 acres Remaining Baseline develoDment Dotential Open Land not included in SRAs or SSAs o acres Credit estimates and excess Credits The total supply of Credits entitles less than 45,000 acres of SRAs, but estimated public benefit acres must also be considered. Because the RLSA is a voluntary, market based system and these estimates assume 100% property owner participation in the RLSA Program, and each category of estimate has a range of assumptions built in to the estimated number, it Is advisable to allow for some variance. The above estimates result in sufficient Credits that, together with public benefit acres, provides for an approximate 5% variance in total potential SRA acres, There are a number of factors that could offset this potential "excess" including but not limited to: less than 100% participation by all property owners in the RLSA, less than 10% public benefit acres, purchase of land and/or Credits by a pubiicly funded conservation program, less than 100% success rate in restoration implementation, and lack of market demand for all of the potential Credits. 161 1 Bt' 8 4. COMPARISON OF ALTERNATIVES The following three tables illustrate the land use summaries at full utilization using the current and revised and recalibrated programs, With the proposed revisions, the acreage of potential SRAs increases nominally from 43,300 acres (Tables 4,1 and 4,2) to 45,000 acres (Table 4,3), However the potential development footprint of Open Land converted to baseline development could be reduced dramatically, depending on the use of the new Agriculture Credit. Table 4,1 shows 100% of Open Lands converted to baseline uses under the current program and Table 4.3 shows 100% of Open Lands placed in Agriculture SSAs under the revised program, We do not expect that all of the Open land outside of SRAs would be converted to baseline development under the current program, Market Incentives that favor well planned, compact, mixed use communities with a wide range of housing options served by high quality infrastructure and services would satisfy most of the demand for new homes in the RLSA. In addition, Golden Gate Estates already offers a significant supply of 2.25 to 5 acre lots without such services for those that prefer this alternative. Table 4,2 shows a more realistic scenario for comparison, where 10% of ACSC Open lands are converted (based on ACSC regulations limiting site alterations to 10% of any site) and 25% of non ACSC Open Lands are converted, Comparing Table 4,2 and Table 4,3 still demonstrates that the potential development footprint is reduced by approximately 7,000 acres using the revised RLSA system, Table 4,1: Current RLSA Land Use Summary at full utilization with 100% baseline conversion Acres % of Total NRI based SSAs 92,000 SSA Subtotal 92,000 47.0% Open Land conversion to baseline rights 43,700 SRAs 43,300 ~-,- Potential Development Footprint 87,000 44.4% Public Land and Miscellaneous 16846 8.6% Total RLSA 195,846 100.0% 16' IBM 9 Table 4.2: Current RLSA Land Use -- Summary with partial baseline conversion Acres % of Total NRI based SSAs 92,000 SSA Subtotal 92,000 47.0% ACSC Open Land conversion at 10% 1,500 Non ACSC Open Land conversion at 25% 7,175 SRAs ----- 43,300 ~ntial Development Footprint 51 975 26,5% Open Land remaininQ in AQriculture ----- 35,025 17,9% i Public Land and Miscellaneous 16,846 8,6%j Total RLSA ---- 195,846 100,0% I Table 4.3: Revised and recallbrated RLSA Land Use Summary at full utilization Acres % of Total NRI based SSAs 92,000 47,0% A9riculture SSAs 40,000 20.4% Panther Corridors 2,300 1.1% SSA Subtotal ....-. 134,300 68.5% Potential Development (SRAsl 45 000 23.0% Public Land and Miscellaneous 16,546 8,5% Total RLSA 195,846 100.0% Under the revised and recallbrated RLSA, in addition to agricultural uses retained on the majority of 92,000 acres of NRI based SSAs, 40,000 additional acres of agricultural land are protected as Agriculture SSAs, Two Important Panther corridors are also incentivised, It should also be noted that current RLSA Policy 4,10 requires a minimum of 35% of each SRA to be open space, As a result, a minimum of 15,750 acres of the total 45,000 acres of SRA will be open space, and a maximum of 29,250 acres will be developed land. This results in a net developed footprint equal to 15% of the total RLSA acreage. RECEIVED SEP 2 5 2008 Fiala Halas ugust 25, 2008 Henning~~ Coyle Coletta 16 I 18~ Board of County Commissioners MINUTES OF THE MEETING OF THE COLLIER COUNTY WATER AND W ASTE/W ATER AUTHORITY Naples, Florida, August 25, 2008 LET IT BE REMEMBERED, that the Collier County Water and Waste/Water Authority in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M, in REGULAR SESSION in Room 610 at the Community Development and Environmental Services Building, 2800 N. Horseshoe Dr., Naples, Florida, with the following members present: CHAIRMAN: Jack Markel Dr. Fay Biles Lowell Lam Jerry Morgan ALSO PRESENT: Jamie French - Manager Operations, CDES Ken Kovensky - Senior Accountant, CDES Steve Williams - Assistant County Attome~iac, ~" rt 1",-1 Date:~ 1 !tem~~;L~ , 'f~ips 1(') v 161 IBlP August 25, 2008 I. Call to Order- (Determination of Quorum) and Roll Call Chairman Markel called the meeting to order at 2:03 P,M, and a quorum was established, Jamie French, Manager Operations, CDES noted Robert Bennett has been removed from the Collier County Water/Wastewater Authority due to health reasons, He commended Mr, Bennett's past service to the Authority, A discussion ensued whether a letter of appreciation should be sent to Mr. Bennett on the behalf of the Authority, .Jamie Freneh stated he spoke to the family and they would prefer that no communications of this type be forwarded to Mr, Bennett, but if the Authority prefers, he would draft a letter on their behalf. Dr. Biles moved to request a letter of appreciation be sent to Mr. Bennett on behalf of the Collier County Water and Wastewater Authority, Second by Mr, Morgan. Motion carried 3 yes -1 no. Chairman Markel voted no. Jamie French noted there has been some confusion with the status of the Collier County Water and Wastewater Authority, He talked to Jeff Klatzkow, County Attorney and he has agreed that the Authority is a quasi-judicial Board, which can adopt policy and impose fines if necessary, II. Approval of Minutes - Meeting of February 25, 2008 Mr. Lam moved to approve the minutes of May 19, 2008, Second by Mr. Morgan. Carried unanimously 4-0. III, Items Requiring Action by Authority (HANDOUT) A. Orange Tree Utility Company 2007 and 2008 Price Index Jamie French stated he has received two applications combined into one (2007 and 2008 Price Index request by Orange Tree Utility Company), He noted the Collier County Water and Wastewater Authority has adopted the 2007 and 2008 Price Indexes established by the Florida Public Service Commission for Private and Investor Owned Utilities, Just before the Authority adopted the 2008 index, the Orange Tree Utility Company applied for the 2007 index; 2 - 3 weeks after adopting the 2008 Price Index, they applied for the 2008 Price Index, He advised the Utility Company to combine the request into I Price Index request. He notitied the Utility that this practice is legal; however as a matter of logistics. it would be more appropriate to annually apply for the Price Indexes, Ken Kovensky, Senior Accountant, CDES reviewed the application noting the requests were lor two separate applications for 3.09 percent and 2,39 percent increases, respectively for 2007 and 2008. Staff requested they combine the two requests and after adjustments. the rate increase 2 16' IB~ August 25, 2008 request was determined for a 4,96 percent increase to its water rates and 5,21 percent in it wastewater rates. A discussion ensued on the prospect, given the current economy, if another Price Index application for increases could be submitted this year. Jamie French noted that a Utility can only apply for 1 Price Index and 2 rate adjustments through limited rate cases annually, The Authority requested clarification if the increases have been properly noticed to the ratepayers, Jamie French stated that the Utility Company provided more than ample notice (a 45-day requirement) to the ratepayers, Although the Authority has adopted the Price Index established by the Florida Public Service Commission for Private and Investor Owned Utilities, Orange Tree Utility Company is required to submit a request for approval to the Authority for utilizing the new Price Index, It could be implemented on September 15, 2008; however they have chosen to make it effective September 30, 2008, Kim Retalliek, Office Manager of Orange Tree Utility agreed noting the notice was enclosed in the rate payers August bill. A discussion ensued on topics such as the average number of gallons per user (IO,OOgallons per day), the users that are connected to the system (schools, residences and businesses), recognition that the Utility Company is utilizing new consultants, the status of any leakage or backflows to the system, the Utility rates compared to Collier County (the Utility overall bills are slightly less expensive than Collier County Public Utility) and the status offoreclosures affecting the cash flow of the Utility Company, etc. Jamie French stated after review of the application and related accounting, Staff recommends approval of the price index application, Dr. Biles move to approve the Price Index Request, Second by Mr. Morgan. Carried unanimously 4-0, IV. Staff Discussion -None A. Orange Tree Utility Company - June 24, 2008 Price Index Jamie French noted that the hearing was properly noticed and no ratepayers were in attendance, Kim Retalliek agreed, and noted that it was noticed in their bill, postcd on the web site and she only received a few phone calls, The biggest complaint by those affected was that it was held during the daytime (as opposed to the evening,) V. Open to the Public None 3 g--'._.~'-~---'-"-"'"'----<-"'-''''-'~'"'''-'--''~'''''''-----~.'.~<-~-~~,'".~- 161 1810 August 25, 2008 VI, Authority Member Discussion Jamie French and Kim Retallick provided an update on the Oil Well Road Expansion project in relation to the Orange Tree Utility noting no construction on the project has been initiated to date in the location that affects the Utility, Kim Retallick noted the components of the Orange Tree Utility Wastewater Plant have been installed (tanks, etc,); however the Site Development Plan and Building Permit are still under review, Mr. Morgan submitted an article from the Naples Daily News reporting Big Cypress has hired a Director of Utilities, Jamie French noted a Franchise Application has not been received to date and assumes they are in the process of finalizing plans, He noted Collier Enterprises is the Developer in question, Jamie French noted Goodland Isles Utility System has connected to the Marco Island Wastewater system via a force main, No action is required by Staff or the Collier County Water/Wastewater Authority at this time, The existing plant will be dismantled; however the Utility Company will still operate. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3: 15 PM. COLLIER COUNTY W A TERIW ASTEW A TER AUTHORITY iJ 'f) ;~ Chairma These minutes were approved by the Board/Committee on 9-;2;) - 0 g as presented ~ or as amended ' 4 "",~,_'____~_"fu.^,_,_,^__.._...,.__....,",_,...._-,,_,...,~~.,..__.."~__.__.___.~_._~ no RECEIVED 1 ~:::s OCT 0 2 2008 . 6 I 1 B~ Henning Coyle ... Board of County Commissioners Coletta ""'."" BMe. M.s..7 Adl/;SOIY 001ft1ft;11.. 2705 Horseshoe Drive South Naples, FL :i4104 February 7,2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: January 3, 2008 V. Transportation Services Report A. Budget Report - Caroline Soto B. Project Manager Report - Darryl Richard VI. landscape Maintenance Report - ClM VII. Old Business VIII. Working Group Update's A. Utilities - Charles Arthur B. Maintenance - Bruce Forman C, Tax Analysis - Bud Martin D. Liaison - Dick Lydon IX. New Business X. Public Comment XI. Adjournment The next meeting is scheduled for 2:00 PM, March 6, 2,008 At ST. JOHNS PARISH LIFE CENTER MISC, ~:Sl '" d 10./) 625111THAve. Date:~ Naples, FL I (" TIl "\ () .., ltem#:~~l Copies to RECEIVED 16 I OCT 0 2 2008 1 B y\ Fiala Halas Henning Coyle Coletta ... Board of County Commissioners IIaM."" B... M.s.7 Jt. Advisory eo".".itt.. 270!j Horseshoe Drive South Naples, FL :-14104 April 3, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: March 6, 2008 V. Transportation Services Report A. Budget Report - Caroline Soto B. Project Manager Report - Darryl Richard VI. landscape Maintenance Report - ClM VII. Old Business A. Review of Applications for new Committee Member VIII. Working Group Update's A. Utilities - Charles Arthur B. Maintenance - Bruce Forman C. Tax Analysis - Bud Martin D. Liaison - Dick Lydon IX. New Business A. Summer Meeting Dates X. Public Comment XI. Adjournment The next meeting is scheduled for 2:00 PM, May ~~~Bltfr: At ST. JOHNS PARISH LIFE CENTER Date: 625111TH Ave. Naples, FL. Item #: (~IDles to 161 18~ v ... IIaM."" 1JMe. M.s.7 Jt. Advisory Oo".".itt.. 270!j Horseshoe Drive South Naples, FL :-14104 January 3, 2008 MINUTES I. The meeting was called to order by Dick Lydon at 2:05 P.M. II. Attendance Members: Bud Martin (Absent), Dick Lydon, Charles Arthur, Bruce Forman County: Darryl Richard - MSTU Project Manager, Caroline Soto - Budget Analyst Others: Jim Fritchey - CLM, Darlene Lafferty - Mancan III. Approval of Agenda Charles Arthur moved to approve the agenda. Second by Bruce Forman. Motion carried unanimously 3-0. IV. Approval of Minutes - December 6, 2007 Bruce Forman moved to approve the Minutes of December 6, 2007. Second by Charles Arthur. Motion carried unanimously 3-0. V. Transportation Services Report A. Budget Report - Caroline Soto distributed and reviewed. (See attached) . Open P.O.s remaining $57,893.45 . Carry Forward FY07 $3,003,200.00 It was questioned if payment was made to St Johns Parish Life Center. A discussion ensued and was determined that the MSTU has not received an invoice from St. Johns, staff will pursue. Darryl Richard noted Line Item #12 - Engineering Fees in the amount of $60,000 can be utilized for Survey work. B. Project Manager Report - Darryl Richard distributed and reviewed (See attached) reported a conference call was conducted with FPL concerning the ROW Agreement. Charles Arthur reported the following: 1 16: 1 B 'J'\ ~ The ROW has been approved by FPL 1. The document has not been signed ~ The Board of County Commissioners has approved the ROW Agreement ~ The FPL Engineer was in disagreement about the language of the ROW Agreement and the following items were noted: 1. The Design process would commence during the 2nd - 3rd quarter of 2008 a. The Design process would take 10 -16 weeks 2. FPL previously stated hiring an outside design firm was an option 3. A meeting is scheduled on January 11, 2008 for discussion & planning ~ A quote was received for the Study in the amount $52,104 1. The Study would be conducted in Phases 2. Payment would be made in installments according to the Phase. Discussions ensued concerning notification to the Residents. It was suggested to utilize a spokes person from each neighborhood, along with involvement from the HOA. A public meeting will be held in March. Darryl Richard requested approval to utilize the Budgeted Engineering Fee amount of $60,000 for the Survey. Discussions ensued concerning the ROW Agreement Pg. 2 (d) & (e) "Local Government' terminology & County obligation. It was noted that the County was required to pay for the Survey. The definition of "Local Government' on Pg. 1 Paragraph 1 of the Agreement reads The Board of Commissioners for Collier County, Florida (hereafter, "Local Government'; The suggestion was made to request information from the Utility Companies for the location of their installed lines. It was requested that notification be made to the Committee when a signature on the ROW Agreement has been secured and a summary of the January 11, 2008 meeting be emailed to the Committee VI. Landscape Maintenance Report - CLM Jim Fritchey reported: . Shrubs being maintained free & clear of sidewalks . Fertilization compete . Broad leaf treatment is scheduled Dick Lydon advised that the plants destroyed at corner of Tradewinds had not been replaced. 2 16 1 Bf)l Dick Lydon reported damage caused by palms that were cut and left by Comcast. VII. Old Business - Darryl Richard reported on the streetlights noting the site development plan includes removal. He stated Mr. Murdo I Parks & Recreation has been notified of the availability of the street lights with no response. It was noted that Parks & Recreation has not been fulfilling the agreement to maintain the sign light at the entrance of Blue Bill & Vanderbilt Dr. VIII. Working Group Update's A. Utilities - Charles Arthur - Previously discussed V. B. B. Maintenance - Bruce Forman - None C. Tax Analysis - Bud Martin - None D. Liaison - Dick Lydon - None IX. New Business Darryl Richard noted the list of Non-FPL Responsibilities (included in the project manager report.) It was suggested that a FPL representative attend the Resident Public meeting for Q&A. 3:07 Dick Lydon left 3:10 Dick Lydon returned Discussions ensued regarding a proposed date of March 12,2008 from 7:00 - 9:00 p.m. for the Public meeting. The date could not be confirmed at this time. It was agreed the Residents would be notified via direct mail. Dick Lydon moved to authorize $5,000 for direct mail in conjunction with the Public meeting. Second by Bruce Forman. Motion carried unanimously 3-0. X. Public Comment - None XI. There being no further business for the good of the County, the meeting was adjourned at 3:17 P.M. 3 161 Vanderbilt Beach MSTU Advisory cr~ee ~4J\ Dick Lydon, Chairman These minutes approved by the Committee on i - .3 - 0 ~ as presented n or amended The next is scheduled for 2:00 P.M., February 7,2008 at ST. JOHNS PARISH LIFE CENTER 625111TH Ave. Naples, FL 4 18~\ 16/ 18~ 11,.,."."," 1JMe. M.s.7 Jt. Advisory Oo".".itt.. 270!j Horseshoe Drive South Naples, FL :-14104 March 6, 2008 MINUTES I. The meeting was called to order by Dick Lydon at 2:02 P.M. II. Attendance Members: Bud Martin, Dick Lydon, Charles Arthur, Bruce Forman County: Darryl Richard - MSTU Project Manager, Caroline Soto - Budget Analyst, Diane Flagg - Director Alternative Transportation Others: Jim Fritchey - CLM, Darlene Lafferty - Mancan, Jackie Bammel III. Approval of Agenda Add: VII. B. Committee Appointment C. Vanderbilt Dr. Bridges IX A. Budget B. Pier Position Bruce Forman moved to approve the agenda as submitted. Second by Bud Martin. Motion carried unanimously 4-0. IV. Approval of Minutes - February 7,2008 Change: IV. A. Pg 2, Bullet 1 should read - Inquiry if homeowners could be billed in installments by FPL or the County for the conversion cost. IV. A. Pg 2, Bullet 3 should read - Use of an Independent County Contractor for "Trenching" could reduce cost. IV. A. Pg 3, paragraph 3 should read - It was noted that this is an advertised meeting and the Committee made the decision to spend up to "$"120,000 for the survey. VI. Pg 4, paragraph 1 should read - Dick Lydon questioned if the dying Ixora "will be replaced" with different plant material. IX Pg 4, paragraph 2 should read -Discussions ensued and it was agreed that CLM would "replace" the light "bulb" at the entry and Parks and Recreation would be billed for the service. Charles Arthur moved to approve the Minutes of February 7, 2008 as amended. Second by Bruce Forman. Motion carried unanimously 4-0. 161 IB~ Jim Fritchey reported: Weeds were sprayed in Turf areas . Replacement of Plant material is in progress Darryl Richard reported a Site Line issue for the Side Streets on Vanderbilt Dr. He reported the Street corners will be cleared to comply with the 30ft Site Triangle requirement by the ROW Ordinance and will change the appearance of the MSTU Landscaping. He stated the MSTU cost would be minimal as the majority of the shrubs are outside of the ROWand are on private property. It was noted as a "safety issue." Discussions ensued and it was stated that the Landscaping would replaced with Sod. Dick Lydon noted that the County should be responsible for replanting the ROW Landscaping. Concern was expressed that the Beautification of Vanderbilt Dr. would be compromised if the MSTU Beautification Committee was not involved. It was suggested if Plant removal is required that the County replant materials that would meet Safety Code Standards and restore the Beautification. It was determined that additional information was required. Bruce Forman reported muddled Pavers located around Maria Bay and expressed concern that it was a "safety issue." V. Transportation Services Report A. Budget Report - Caroline Soto distributed and reviewed. (See attached) . Available Operating Expense $98,401.43 . Opened P.O. for RWA (Survey) in the amount of $105,500 and is not reflected in the Budget Report. B. Project Manager Report - Darryl Richard distributed and reviewed (See attached) ~ (VA-24) RWA Survey - ROW Agreement is approved VI. Landscape Maintenance Report - CLM previously discussed IV. VII. Old Business A. Review and discuss Public Meeting Final Agenda for March 10, 2008 - Charles Arthur noted the Project cost is a rough estimate. The following was discussed for the Presentation: o Bond issue would raise the Project cost o Review Map of the MSTU Boundaries o Refreshments should be available o Savings to the Homeowner if line burial was installed by the Project Contractor 2 161 18~ o If 100% Homeowner participation is not received the 25% discount does not apply o Development of payment options for the Homeowner line burial cost Dick Lydon moved that the County Staff be permitted to buy cookies for this meeting (March 10, 2008) up to but not to exceeding $25.00. Second by Charles Arthur. Motion carried unanimously 4-0. B. Committee Appointment - Dick Lydon questioned potential applicants that attended the February 7,2008 meeting. Tessie Sillery replied that they did not submit an application. Any applications received will be forwarded to the Committee for review. C. Vanderbilt Dr. Bridges - Dick Lydon questioned the bridge expansion status on Vanderbilt Dr. Darryl Richard responded that he will verify the status with CDES. VIII. Working Group Update's A. Utilities - Charles Arthur announced that Survey Contract has been awarded to RWA in the amount of 105,000. Bud Martin moved to accept the Contract with RWA for the Engineering Survey in the sum of $105,500.00. Second by Bruce Forman. Motion carried unanimously 4-0. Charles Arthur noted that an Engineering Firm is required. The recommendation was made to utilize Malcome Pirnie based on County Contract rate. Dick Lydon moved to accept the Bid of Malcome Pirnie in the amount of $40,000.00 for an Hourly Contract Second by Bruce Forman. Motion carried unanimously 4-0. B. Maintenance - Bruce Forman - None C. Tax Analysis - Bud Martin - None D. Liaison - Dick Lydon - None IX. New Business A. Budget - Darryl Richard distributed and reviewed FY09 Budget. (See attached) the following required change was noted: . Forecast FY08 Improvements General to $200,000 (Justification column - burying the power lines) Bruce Forman moved to approve (FY09) Budget as presented with the changes relative to Improvements General Forecast. Second by Charles Arthur. Motion carried unanimously 4-0. 3 161 1 B~\ B. Pier Position - Dick Lydon announced a meeting being held concerning the Vanderbilt Beach Pier on March 18, 2008 at 6:00 - 8:00 p.m. Location: ST. Johns Parish Life Center. X. Public Comment - Jackie Bammel announced that in addition to the Pier a 20 ft high structure has been proposed.. Discussions ensued and it was noted that the Pier would not improve Beach access. XI. 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I;:::::::::::;}::::':::::;::::::::;~:;;:::;:;::;:~::;::~.::;:;:. _NO.._ _~ 16 1 B-r\ Thursday. May 01,2008 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Vanderbilt MSTU Proiect Status Note; Committee not meeting for June/July/August. (V A-25) - ACTIVE (l'oe Darryl Richard & Tessie Siller)') Public Meeting to inform the public- FP&L - burial of cables. 3-10-08: 200+ people in attendance - committee & FP&L (Grover) made presentations and answered questions. 5-1-08: Review of minutes from Public Meeting at regular Committee Meeting. (VA-24)- ACTIVE (POC Darryl Richard)RWA Survey 2-20-08: Working Group Approval for R W A Survey Contract 3-3-08: Requested for WO # 105,500 for R WA per Working Group Approval Vanderbilt - FP&L Survey. RWA PHASE Approval By Working Group RWA to submitt Revised Scope Work Order Process Received Purchase Order NTP 60 Day Survey Survey Complete Start - End Date 2/2012008 2/21/2008 2/21/08.2/29/08 3/512008 31712008 5/7/2008 51712008 - (VA-23)- ACTIVE-(POe: Darryl Richard) Ballpark Estimate & Committee Approval 5-3-07: Committee request that Staff call a Special Meeting only if ROW Agreement is received. Committee states that Approval of the Ballpark Estimate will not be considered until County has received ROW Agreemenl from FPL. Next Meeting is September 6,2007. 5-16-07: Estimate received from FP&L - $6,680,650.00 - Survey is nol included. 5-20-07: FPL confIrms that additional detail will be provided with Engineer's Binding Cost Estimate. 7-19-07 : FP&L Right of Way Agreement from Grover Whidden ~ County Attorney's reviewing 9-10-07: Committee still waiting on agreement with the pending estimate. 10-18-07: Committee has provided necessary Approval for Engineering deposit in the amount of $56,712.00. Engineering Deposit fee will be included in Executive Summary to BCC on 11/27/07. 1-3-08: Payment of Engineering Deposit is pending actual confIrmation ofFPL 'signature' to ROW Agreement. No payment will be made until FPL has signed agreement. 5-1-08: Payment for Phase One Project pending approval ofRWA Survey by FPL - phase one payement is: $13,027.00 (pending FPL approval of survey) (V A-18) - ACTIVE-ONGOING (pt IC: Tessie Sil lery) - Maintenance Contract - Contract #05-3687 "Vanderbilt Beach BeautifIcation MSTU Roadway Grounds Maintenance"; Current Renewal Period expires December 13, 2006. PO#4500052464; dated 10/06/2005; Commercial Land Maintenance (Vendor 100671); Notice of Award sent December 15,2004; First Contract Period 12/14/04 to 12/13/05; Second Contract Period 12/13/05 to 12/13/06; Note: 2 additional renewal periods remain. (Maximum extension this contract is to 12/13/08) 1 16/ 1 B~\ (V A-15) - COMPLETE (POC: Darryl Richard) -ROW AGREEMENT -Power Line Underground Installation FISCAL IMPACT OF PROJECT: $6,151,000.00 PROJECT SCHEDULE: Vanderbilt MSTU: ROW Agreement Phase- FPL Powertine- Underground Installation PHASE Start- End Date 412.312007-51112007 (2 week FPL Commitment) 111712007 11171Z007 (actual) 1112712007 I Legal Review FinaliZed ROW Agl'e4lment Final Document BCC APPR New Date: 12-11-07 Project Preliminary Research Phase; Construction Cost: $6,151,000.00; Preliminary Phase; FPL Request Further Breakdown of Project into 1/2 of Gulf Shore Drive for project cost to come in at approximately 3.5 million. MSTU Committee Sub-Committee Chair for FPL (Charles Arthur) to set up meeting with Commissioner concerning his request for a meeting with Committee representative, FPL representative (Grover Whitten), and representative from Homeowner's Association (member TBD). Subcommittee Chair Charles Author was to meet with Commissioner Frank Halas regarding this request and report to Staff. Tom Kuck, of Collier County, Engineering Services Department, Engineering Services Director is new contact as per Charles Arthor. Currently the Project is not moving forward due to budget constraints, unresolved procedural issues (lack of documentation from FPL i.e. Right of Way Agreement for the purposes of relocation of existing utilities and future relocation of existing and installed utilities as a result of the project. During the 1-6-06 MSTU Budget meeting the option ofa 'Revenue Bond' was mentioned by Mike Isackson he said that this would have to be confmned. FPL is to provide the requested document for agreement between FPL and Collier County. 4-17-06 -ACTIVE - FP&L to provide agreement for right of way -pending 5-1-06 - Need Documents from FPL in order to proceed with project. 5-15-06- Charles reported that FP&L would have it in a few weeks and will report to proj. mgr. 5-24-06-Call Jamie French to follow-up on status of FPL reI. to County Activities 5-30-06 - Jamie French reports Grover Widden is waiting for public service commission to approve agreement with collier county and 25% matching funding. 6-12-06 - Contacted Jamie French to obtain exact meeting limes/dates which the Public Service Commission will be considering the 25% FPL cost sharing proposal and the Vanderbilt Beach FPL Powerline Burial Project. 6-27-06 Contacted Jamie French to obtain exact meeting times/dates which the Public Service Commission will be considering the 25% FPL cost sharing proposal and the Vanderbilt Beach FPL Powerline Burial Project. 7- 18-06 ; Review by public service commission - pending on approval ofBCC Vanderbilt Ordinance- Amendment. 8-7-06: BCC approval on 7/25/06 for ordinance revision to include burial of power lines. 2 161 IB~ 8-22-06: Jamie French confmns meeting with Grover Whiten (Andy Whitely-alternate) and CDES staff on August 24, 2006 to review 'Hardening' program. Currently the Public Service Commission has not approved the 25% matching program by FPL (pending). Additionally, Kate Donifrio, FPL reports that they have yet to receive the fmal copy of the 'agreement' for ROW utilization for the project from the FPL attorney office. 8-24-06: Jamie French, CDES, Diane Flagg, A TM Director, and Tadd Pluck, TECM Engineer attend CDESIFPL Meeting of August 24, 2006. Still under review Oct-Nov Public Service Commission will review to approve FPL proposal of25% Cost Sharing and Right of Way Agreement and Depreciation value is under review. Funding for private individuals cannot be publicly funded (question). Switch Boxes above base flood elevation (question). 8-31-06: Jamie French communicates that Tadd Pluck has the Right of Way Agreement that Grover has been referencing to in previous conversation. 9-14-06: Jamie French reports that the County Attorney is reviewing the proposed ROW agreement. And that the Florida gtnt. L.giDlatur. and Public Service Commission has to approve the 25% proposal from FPL. After these approvals the MSTU Committee needs to consider plan to fmance the proposal which is about 6 million (2006 FPL quote). 12-19-06: Copy of ROW Agreement forwarded to County Attorney Scott Teach for review. 1-3-07: Copy sent to Thomas Palmer County Attorney 1-10-7: County Attorney - FP&L agreement under review 1-17-07: Meeting to be set up with Charles / Grover Whidden /Darryl / Diane - regarding agreement 1-24-07: Meeting was cancelled due to Charles being out of town and other information needs to be distributed. 2-28-07: Requested state statute # - Florida Statutes, ~ 337.403(1), 3-23-07: Request for Drawings from Vanderbilt Sidewalk Project to Trinity Scott 3-26-07: Review of Survey Data with Paul Masters and Ray Magsumbol 3-29-07: Meeting has been scheduled in the BCC Conference room - Date: April 12, 2007 - at 2:00pm - attendees - County Mgr/ Commissioner Halas/ Charles Arthur, Kathryn Donofrio and FPL members. The meeting agenda includes :Review of the fmal draft of the ROW agreement Engineering Design and Construction timeline . 4-12-07: Meeting at BCC office. FPL will work on Agreement with County Legal. Final Version of agreement requires BCC approval. Submittal of revised project quote request pending Committee review/approval. Coordination with FPL Working Group Leader Charles Arthur on revised quote request in preparation of Committee approval. 4-23-07: Scott Teach sends documentation for agreemenl to Grover Whidden. FPL response pending due by April 26, 2007 as per commitment in meeting 4/12/07. 4-24-07: Request for re-quote of ballpark estimate sent. Revised estimate due by May 15,2007 from FPL. 5-16-07: Estimate received from FP&L - $ 6,680,650.00 - Survey is not included. 5-25-07: Grover Whidden indicates that agreement would be produced by June 15,2007. 6-15-07: Agreement has not been received from FPL. 6-19-07: Phone conversation with Jolm Lehr, FPL confIrms that the MSTU would have to provide a survey of the project roadways. John Lehr will forward a sample drawing for use in obtaining scope of services from surveyors. John confIrms that the 25% GAF will be assessed in the CIAC Estimate. John confmns in order to qualify for GAF 25% project is required to have 3 pole miles, and homeowner hook-up is to be completed within 6 months of last major power supply connection. Project may be phased for a total of 3 pole miles, however, time in beIween projects (phases) cannot exceed one year from end construction to begin construction. 7-19-07: (Grover Widden) FP&L Agreement emailed to County and County Attorney's reviewing agreement 9-4-07: Request sent to Scott Teach to obtain fmalized agreement. 10-8-07: FPL and County Legal reviewing a fmal version of agreement. 10-11-07: County Attorney - Teach sent fmal version of agreement to County Staff. 10-16-07: Right of Way agreement was emailed to Committee members. 10-18-07: ROW Agreement presented to Committee; Vanderbilt MSTU Committee approved ROW Agreement as submitted. ROW Agreement will be forwarded to FPL for approval prior to going to BCC on Nov. 27, 2007. 11-1-07: Response from FPL is still pending. Deadline for BCC 11/27/07 is 11/08/07. 3 16 1 B?\ 11-7-07: FP&L Agreement email to us by Scott Teach. 12-6-07: Revised agreement submitted for approval by Committee prior to 12-11-07 BCC Date. 12-10-07: Going before BCC on 12-11-07 for approval. 12-11-07: BCC Approval of ROW Agreement 1-3-08: Meeting has been scheduled with FPL on Janua!)' 11th. Staff is coordinating with annual contactors for survey to produce Exhibit B (90 day time-frame). t-II-08: Met with FP&L and received fully executed document. Sent Agreement to recording. (V A-22)- COMPLETE -{POC: Darryl Richard) Parks & Recreation Signs 1-3-07: Murdo - parks & rec. - addressed committee on design 1-29-07: Murdo will report to Committee at 2-1-07 regular meeting. 2-1-07: Murdo reported with approx. estimate - committee agreed to spend up to $12.000.00 2-21-07: PO sent to Murdo for $15,500 of which Parks & Rec will be IGC'ed at time of invoice $4,000.00 4-5-07: Got the following update from Murdo Smith - Permit has been issued and the sign is being constructed. Murdo will meet up at the site with Lykins to get the proper placement of the sign. 4-26-07: Murdo Smith indicates that sign location will be further from intersection. 5-2-07: Scan of 'sign localion map' sent to Lykins Signteck and Collier Parks & Recreation to confmn sign location for Landscape Maintenance Working Group. 7-20-07: Confirmed with Murdo Smith - Sign footings have been installed - concrete base 8-12-07: Sign installation is completed with sign logo(s). (V A-17) - COMPLETE -Conversion to Motorola Irrigation Controller. 9-14-06: Committee votes for staff to proceed with conversion to Motorola Controller. 9-22-06: Site inspection and coordination with existing project drawings. 10-3-06: Verification of specification for Motorola irrinet controller with Irrigation Project Manager Roger Dick. Request for Quote from E.B. Simmonds is due by Oct. 20, 2006. E.B. Simmonds to provide all electrical components. 10-18-06: E.B. Simmonds quotes complete project at $22,790.00; requires Committee Approval in order to proceed. 11-2-06: Committee votes not to proceed with Motorolla Irrigation Controller Conversion. 11-2-06: Project cancelled. V A-19) - COMPLETE-SDP PLAN REQUEST-Request for SOP Plan for Developments within MSTU Boundary - As per MSTU Committee discussion on 10/5/2006. 11-17-06: No Plans on record as being submitted for review in Transportation per John Podczerwinsky. Plans once received will be forwarded to MSTU Liason Staff for review. (V A-16) - COMPLETE -CLM Outstanding Maintenance Items Added on September 14,2006: I. Replace 2 valve boxes (and/or covers) at Pine and Vanderbilt Drive. 2. Cut the tops of the ficus hedges as per Working Group direction during previous walkthroughs.Replace 3. any dead and or dying bougainvillea and trim all bougainvilleas to eliminate all leaders. (Comments regarding "north of Tradewinds' bougainvillea - inspect for replacements and/or pruning) 10-5-06: Item #2 and #3 completed. 10-26-06: Item #3 Completed; all valve covers are in place. (V A-2l) - COMPLETE -Request for Staff assistance with vehicles parking on irrigation heads and valves along Vanderbilt Drive. 10-20-06: Margie Hapke, Public Information Coordinator, Public Utilities/Admin; contacted regarding Committee request. 10-23-06: Margie Hapke sends notification to all field crews to avoid parking on grass and in particular sprinkler heads and landscaping within Vanderbilt MSTU Bounda!)'. 4 16 1 B?-\ (V A-20) - COMPLETE -Request for FPL to trim trees from around power lines. 10-05-06: Committee request 10 have staff contact FPL to have them trim powerlines within the MSTU Boundary . 10-20-06: Becki Daniels, FPL, Vegitation Management, Senior Utility Arborist West Region contacted regarding Committee request. 10-26-06: Becki Daniels has deligated inspection and corrective action with 'Mike' of FPL field arborist maintenance crew. Trees are to be inspected and pruned as per standard FPL practices. (V-l4) COMPLETE -Bench Replacement QUOTE RECEIVED FROM ANNUAL CONTRACfOR VARIAN CONSTRUCTION FOR $16,104.00 ($10,229.00 Installation; $5,875.00 Materials) February 10, 2006. 3-06-06 - CLM to provide quote as per committee request. 4-6-06 - CLM quote for $3,057.20 Approved by Committee April 6, 2006. 4-12-06 - Bench Order PO Sent to Contract Connections - Order will be shipped to CLM. 5-1-06 - Product order is pending, CLM is ready to install. 5-15-06 - No change in status waiting on material. 5-30-06 - Mark Adams reports bench order will arrive within two weeks and are being shipped to CLM. 6-12-06 - Still waiting for delivery. 6-21-06; Check w / Mark Adams on status 6-27-06; Order will be delivered in two weeks - Per Mark Adams 7-12-06; Order was to be shipped out july 11th - in transit to commercial land maint. 8-14-06: Order received by CLM and will be installed beginning August 23,2006. Installation is to be complete by September 1, 2006. 9-14-06: Installation Comptete By Commercial Land. (V- I) - COMPLETE- PROJECT-REVtSION TO V ANDERBIL T MSTU ORDINANCE 5-25-06-Scott Teach contacted regarding revision. 5-30-06 - Scott Teach is working on revising ordinance. 6-12-06 - Danyl emailed the revised ordinance to scott for approval & Dick Lydon. 6-27-06: Revising original draft coordinates and adding fiscal. 7-18-06 - BCC to approve Amended Ordinance 2006- 7-25-06 7-25-06: BCC Approves Ordinance Revision. 8-22-06: Revision to ordinance is complete (V-2) COMPLE fE-Report on Interest Rate for MSTU. Derrick Johnson reported the interest earnings for the Vanderbilt MSTU Committee. The Committee requested that Derrick provide an annual tabulation of the interest earnings since the creation of the MSTU in 2001. 3-20-06 - Tessie has request meeting with Derrick Johnson. 4-17-06 - Derrick Johnson to attend next MSTU 5-1-06 - Derrick Johnson to provide 5 year report on interest earned. 5-15 06 - Derrick Johnson provided and committee satisfied with report. 5-15-06 - Committee requested an additional report with mstu report. 5-30-06 - Complete: Derek reported at mstu meeting. May 4th. (V-3) PROJECT CANCELLED-Effluent Connection - Project Preliminary Research Phase; Construction Cost: $900,000.00; Design Cost: $ I 70,000.00; (V-4) COMPLETE-Bluebill and Baker Carroll Point Planting Project - Project Complete July 1,2005; $11,006.00 Project Complete 5 161 1 B?\ (V-5) -COMPLETE - Bluebill and Gulf-Shore Drive -Project Complete August 30, 2005: Construction: $2,571.00; (V-6) -PROJECT CANCELLED-Plantings Bayview @ Gulfshore Drive - Cancelled 8/16/05; Construction Cost: $1,590 (V-7) PROJECT CANCELLED -Channel Drive@GulfshoreDrive-Cancelled8/16/05;Construction Cost $1,590 Project Scope to possibly include irrigation. (V-8) - PROJECT CANCELLED - Street Sign Project-Pending Vanderbilt HOA Approval: Construction: $15,390.00 Requires HOA Approval. Project is not approved by HOA (10-18-05 report from Lew Schmidt). (V-9) - PROJECT CANCELLED-Plantings lllth at Vanderbilt Drive Plantings. (V-IO) - COMPLETE- Sod Refurbishment Project - Project 50% Complete; Construction & Materials Cost: West Area ($3,999.20) ; East Area ($3,999.85). Project 100% Complete on 10/1105 (V-IO) -NON-MSTU PROJECT-Gulf Shore Drive Sidewalk Project-Pathways-Non-MSTU Project; Trinity Scott to report on the status of this project. Trinity Scott to report Status. Change Order to project is being processed. (V-II) -NON-MSTU PROJECT- Sidewalk Project-East Side of Vanderbilt Drive (Vanderbilt Beach Road to lllth Avenue- Non-MSTU Project; Pathways Project; Trinity Scott to report on the status of this project. Trinity Scott to report Status (V-12) - COMPLETE, Vanderbilt Drive - Plant Material Replacement Project. Need to review plant locations with Commercial Land Maintenance prior to installation. Schedule at next sub-committee meeting. Meeting to be scheduled after Lew Schmidt's meeting with HOA on 1/9/06. (V-l3) - COMPLETE-BACKFLOW PREVENTION-REPLACEMENT; Backflow preventor failed to operate. Reported on 3/22/06 and repaired on 3/28/06. 6 MEMORANDUM DATE: March 10, 2008 TO: Tessie Slimy, Tl'lIDSpOrtatio,!?nons Sue Filson, Executive Manager . Board of County Commissio I FROM: RE: Vanderbilt Beach ~IJtification MSTU Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Joe Connolly 10633 Gulfshore Dr., 6-N Naples, FL 34108 Dyrel Delaney 427 Heron Avenue Naples, FL 34108 William Gonnering 375 Seabee Avenue Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank: you for your attention to this matter. SF Attachments 161 IB~\ Advisory Board Application Page I of2 filson_8 .~: From: jconn83872@aol.com Friday, February 15, 2008 4:36 PM filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 2/1512008 4:36:09 PM. Name: ~oe connolly! Home Phone: ~39-594-930~ Home Address: IUJ633 RUlfshore dr. 6-Nj City: ~ Zip Code: ~ Phone Nombers Fu: 1239-59697361 Business: I . e-Mail Address:~conn83872(aJaoJ.co~ Work Place: ~ How long have you lived in Collier COUDty: ~ore than ]~ Have you ever been convicted of any offense against the law? m Are you a registered voter in Collier County? ~ Board I Committee Applied for: lvanderbiltbeach mstuI Category: /Not indicated! Do you currently hold public offtice? ~ . Do you currently or ever served on a Collier County Board or Please JilIt onr commu' activities: r vanderbiltbeach residents assoc. member vanderbiltbeach zonin m Education: !B.S. & M.S. Ga Tech The Executive Pro= U.Viffzinial 2/] 512008 161 IB~ Advisory Board Application Education: !B.S. & M.S. Ga Tech The Executive Program U.Virllinial Page 2 of2 Experience: . !Retired Bus Exec. Worked on various local projects! . . 2/1512008 AdvisOry Board Application 161 1 B Y~age I of2 filson_s _t: From: dyreldelaney@oomcast.net Friday, February 08, 2008 10:55 AM filson_s Subject: New On-tine Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 21812008 10:55:25 AM. Name: jDyIel DelaneY! Home Phone: ~239) 594-17183 Home Address: 1427 Heron Avcj City: !Naples, FL/ Zip Code: ~ Phone Numben Fax: I Business: ~ . e-Mail Address:k1yreldelaney~comcast.ne1l Work Place: ~ How long have you lived in Collier COUDty: ~ore than 151 Have you ever been convicted of auy offense against the law'! ~ Are you a registered voter in Collier Connty'! ~ Board I Committee Applied for: IMsTUI Category: /Not indicatedj Do you currently hold public offfiee? ~ Do you currently or ever served on a Collier COUDty Board or ~ . Please list our communi activities: anderbilt Beach Home owners association Board of Code Enfon:emen Edueation: I 2/8/2008 Advisory Board Application I 161 IB}\ Page 2 of2 Experience: .1 . . 2/812008 . . . 16\ lBr 02/04/08 10:29 FAX 2392617579 INVESTllENT PROPI!RTlES CO ~002 ',-'", -.. . ,- ") ,~::?J\~:r~,,~' ' Board of County Commissioners 33.1 East Tam...i Tl'lIiI Naples, FL 3<1111 (139) 251-1109'7 Fax: (239) 152-3601 "'''.,'''.': tI Application for Advisory CommitteeslBoards - jtIt boN)! AJ BomePlloae: ';)3ft- 5"~. ~6o Hom8 Address: 31 ~ SP4~e Ale 1fI,1~{IJ.s ZIp Code: 3 ~/tlr FuNo. ~6.~ BaIIleaPllo-.: .;2b/"3f'~ +/'ki.uadd..-: b."1I <9 :RIG~{IU.('tJAt -:p7VtI~NP4' Aa:JAt>tt.t~ (''*'-/' IIo8rd 01' ConuaitteeApplled for: t//I/l/4P"/l.fi I ~f B G,fcl' . /J1.s rU Name: Place of EmploymeDt: Category (if applicable): EuoqJle: Co._ ~1l<Y1loper._.............., _.... 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U'> ~ ;s ~ N*~ i:O:~ t:o o ~ o ~ g :;:! ~ ~ ~ ~ 000 .-. U. 410 -.l .-..J .... U> (p o>.$oo.l& ... .... ... .... 0.....'" Q<D- "::I :.:;:: $ ~;:;;~ oo~.~ .e:a '" "'" 01...... tOlQ) w 11 1: W _, ~ 0 0 t, ~ ~ :cg;0l =0.... ~ :g ~ ~ go~ ~8-'" .... 9 .9 <:I 080 008 go I u< -;;;;;; -- ~rn Wl"ll i ii~ ~i~ ii i Ii .,. I ' , ~ I' ~ n ~ In ; ~ i' I I ~ ~!l L .~ ilf 8 l~o 000 88 ~ Ii .,. " ... ~~ ~l.o oil . ~~ l!F ~~ ~ { ~ ~[~ aU r ;0: ~ ..... C1' - ~ CO 16h 1B ~\ Thursday, March 06, 2008 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Vanderbilt MSTU Proiect Status Note; Committee not meeting for Jnne/July/August. (VA-24)- ACTIVE (POC Darryl Ric'hard) RWA Survey 2-20-08: Working Group Approval for RWA Survey Contract 3-3-08: Requested for WO # 105,500 for R W A per Working Group Approval Vanderbilt - FP&L Survey - RWA PHASE Approval By Working Group RWA to submitt Revised Scope Work Order Process Received Purchase Order NTP 60 Day Survey Survey Complete Start - End Date 2/20/2008 2/21/2008 2/21/08 - 2/29/08 3/5/2008 3/7/2008 5/7/2008 517/2008 (VA-23)- ACTlVF (f'0C: Dami Richard) Ballpark Estimate & Committee Approval 5-3.07: Committee request that Staff call a Special Meeting only if ROW Agreement is received. Committee states that Approval of the Ballpark Estimate will not be considered until County has received ROW Agreement from FPL. Next Meeting is September 6, 2007. 5-16-07: Estimate received from FP&L - $6,680,650.00 - Survey is not included. 5-20-07: FPL confirms that additional detail will be provided with Engineer's Binding Cost Estimate. 7-19-07: FP&L Right of Way Agreement from Grover Whidden- County Attorney's reviewing 9-10-07: Committee still waiting on agreement with the pending estimate. 10-18-07: Committee has provided necessary Approval for Engineering deposit in the amount of $56,712.00. Engineering Deposit fee will be included in Executive Summary to BCC on 11/27107. 1-3-08: Payment of Engineering Deposit is pending actual confirmation of FPL 'signature' to ROW Agreement. No payment will be made until FPL has signed agreement. (V A-18) - ACTIVE-ONGOING (POl: I essie Silleryi- Maintenance Conlract - Contract #05-3687 "Vanderbilt Beach Beautification MSTU Roadway Grounds Maintenance"; Current Renewal Period expires December 13,2006.1'0#4500052464; dated 10/06/2005; Commercial Land Maintenance (Vendor 100671); Notice of Award sent December 15.2004; First Contract Period 12114/04 to 12113/05; Second Contract Period 12113/05 to 12113/06; Note: 2 additional renewal periods remain. (Maximum extension this contract is to 12/13/08) (V A-15) - ACTIVE (POl' Darryl Richard) .Power Line Underground Installation FISCAL IMPACT OF PROJECT: $6,151,000.00 PROJECT SCHEDULE: 1 161 Vanderbilt MSTU: ROW Agreement Phase- FPL Powerline . Underground Installation PHASE Start - End Date 4/23/2007-51712007 (2 week FPL Commitment) 11/7/2007 111712007 (actual) 11/27/2007 Legal Review Finalized ROW Agreement Final Document BCC APPR 1 B<y\ New Date: 12-11-07 Project Preliminary Research Phase; Construction Cost: $6,151,000.00; Preliminary Phase; FPL Request Further Breakdown of Project into 1/2 of Gulf Shore Drive for project cost to come in at approximately 3.5 million. MSTU Committee Sub-Committee Chair for FPL (Charles Arthur) to set up meeting with Commissioner concerning his request for a meeting with Committee representative, FPL representative (Grover Whitten), and representative from Homeowner's Association (member TBD). Subcommittee Chair Charles Author was to meet with Commissioner Frank Halas regarding this request and report to Staff. Tom Kuck, of Collier County, Engineering Services Department, Engineering Services Director is new contact as per Charles Arthor. Currently the Project is not moving forward due to budget constraints, unresolved procedural issues (lack of doclUOentation from FPL i.e. Right of Way Agreement for the purposes of relocation of existing utilities and future relocation of existing and installed utilities as a result of the project. During the 1-6-06 MSTU Budget meeting the option ofa 'Revenue Bond' was mentioned by Mike Isackson he said that this would have to be confirmed. FPL is to provide the requested document for agreement between FPL and Collier County. 4-17-06 - ACTIVE - FP&L to provide agreement for right of way - pending 5-1-06 - Need Documents from FPL in order to proceed with project. 5-15-06- Charles reported that FP&L would have it in a few weeks and will report to proj. mgr. 5-24-06-Call Jamie French to follow-up on status of FPL reI. to County Activities 5-30-06 - Jamie French reports Grover Widden is waiting for public service commission to approve agreement with collier county and 25% matching funding. 6-12-06 - Contacted Jamie French to obtain exact meeting timesldates which the Public Service Commission will be considering the 25% FPL cost sharing proposal and the Vanderbilt Beach FPL Powerline Burial Project. 6-27-06 Contacted Jamie French to obtain exact meeting timesldates which the Public Service Commission will be considering the 25% FPL cost sharing proposal and the Vanderbilt Beach FPL Powerline Burial Project. 7- 18-06 ; Review by public service commission - pending on approval of BCC Vanderbilt Ordinance - Amendment. 8-7-06; BCC approval on 7/25/06 for ordinance revision to include burial of power lines. 8-22-06: Jamie French confirms meeting with Grover Whiten (Andy Whitely-alternate) and CDES staff on August 24,2006 to review 'Hardening' program. Currently the Public Service Commission has not approved the 25% matching program by FPL (pending). Additionally, Kate Donifrio, FPL reports that they have yet to receive the final copy of the 'agreement' for ROW utilization for the project from the FPL attorney office. 8-24-06: Jamie French, CDES, Diane Flagg, A TM Director, and Tadd Pluck, TECM Engineer attend CDES/FPL Meeting of August 24, 2006. Still under review Oct-Nov Public Service Commission will review to approve FPL proposal of25% Cost Sharing and Right of Way Agreement and Depreciation value 2 16\ lB~\ is under review. Funding for private individuals cannot be publicly funded (question). Switch Boxes above base flood elevation (question). 8-31-06: Jamie French communicates that Tadd Pluck has the Right of Way Agreement that Grover has been referencing to in previous conversation. 9-14-06: Jamie French reports that the County Attorney is reviewing the proposed ROW agreement. And that the Florida Stale Legislamre and Public Service Commission has to approve the 25% proposal from FPL. After these approvals the MSTU Committee needs to consider plan to finance the proposal which is about 6 million (2006 FPL quote). 12-19-06: Copy of ROW Agreement forwarded to County Attorney Scott Teach for review. 1-3-07: Copy sent to Thomas Palmer County Attorney 1-10-7: County Attorney - FP&L agreement under review 1-17-07: Meeting to be set up with Charles / Grover Whidden /Darryl! Diane - regarding agreement 1-24-07: Meeting was cancelled due to Charles being out of town and other information needs to be distributed. 2-28-07: Requested state statute # - Florida Statutes, ~ 337.403(1), 3-23-07: Request for Drawings from Vanderbilt Sidewalk Project to Trinity Scott 3-26-07: Review of Survey Data with Paul Masters and Ray Magsumbol 3-29-07: Meeting has been scheduled in the BCC Conference room - Date: April 12, 2007 - at 2:00pm ~ attendees - County Mgr/ Commissioner Halas/ Charles Arthur, Kathryn Donofrio and FPL members. The meeting agenda includes :Review of the final draft of the ROW agreement Engineering Design and Construction time line . 4-12-07: Meeting at BCC office. FPL will work on Agreement with County Legal. Final Version of agreement requires BCC approval. Submittal of revised project quote request pending Committee review/approval. Coordination with FPL Working Group Leader Charles Arthur on revised quote request in preparation of Committee approval. 4-23-07: Scott Teach sends documentation for agreement to Grover Whidden. FPL response pending due by April 26, 2007 as per commitment in meeting 4/12/07. 4-24-07: Request for re-quote of ballpark estimate sent. Revised estimate due by May 15, 2007 from FPL. 5-16-07: Estimate received from FP&L - $ 6,680,650.00 - Survey is not included. 5-25-07: Grover Whidden indicates that agreement would be produced by June 15,2007. 6-15-07: Agreement has not been received from FPL. 6-19-07: Phone conversation with John Lehr, FPL confirms that the MSTU would have to provide a survey of the project roadways. John Lehr will forward a sample drawing for use in obtaining scope of services from surveyors. John confirms that the 25% GAF will be assessed in the CIAC Estimate. John confirms in order to qualifY for GAF 25% project is required to have 3 pole miles, and homeowner hook-up is to be completed within 6 months of last major power supply connection. Project may be phased for a total of 3 pole miles, however, time in between projects (phases) cannot exceed one year from end construction to begin construction. 7-19-07: (Grover Widden) FP&L Agreement emailed to County and County Attorney's reviewing agreement 9-4-07: Request sent to Scott Teach to obtain fmalized agreement. 10-8-07: FPL and County Legal reviewing a fmal version of agreement. 10-11-07: County Attorney - Teach sent fmal version of agreement to County Staff. 10-16-07: Right of Way agreement was emailed to Committee members. 10-]8-07: ROW Agreement presented to Committee; Vanderbilt MSTU Committee approved ROW Agreement as submitted. ROW Agreement will be forwarded to FPL for approval prior to going to BCC on Nov. 27, 2007. 11-1-07: Response from FPL is still pending. Deadlinefor BCC 11/27/07 is 11108/07. 11-7-07: FP&L Agreement email to us by Scott Teach. 12-6-07: Revised agreement submitted for approval by Committee prior to 12-11-07 BCC Date. 12-10-07: Going before BCC on 12-11-07 for approval. 12-11-07: BCC Approval of ROW Agreement 1-3-08: Meeting has been scheduled with FPL on January 11 th Staff is coordinating with annual contactors for survey to produce Exhibit B (90 day time-frame). 1-11-08: Met with FP&L and received fully executed docwnent. Sent Agreement to recording. 3 161 lB~\ (V A-22)- COMPLETE (POC: Darryl Richard) Parks & Recreation Signs 1-3-07: Murdo - parks & rec. - addressed committee on design 1-29-07: Murdo will report to Committee at 2-1-07 regular meeting. 2-1-07: Murdo reported with approx. estimate - committee agreed to spend up to $12.000.00 2-21-07: PO sent to Murdo for $15.500 of which Parks & Rec will be IGC'ed at time of invoice $4,000.00 4-5-07: Got the following update from Murdo Smith - Permit has been issued and the sign is being constructed. Murdo will meet up at the site with Lykins to get the proper placement of the sign. 4-26-07: Murdo Smith indicates that sign location will be further from intersection. 5-2-07: Scan of 'sign location map' sent to Lykins Signteck and Collier Parks & Recreation to confirm sign location for Landscape Maintenance Working Group. 7-20-07: Confirmed with Murdo Smith - Sign footings have been installed - concrete base 8-12-07: Sign installation is completed with sign logo(s). (V A-17) - COMPLETE -Conversion to Motorola Irrigation Controller. 9-14-06: Committee votes for staff to proceed with conversion to Motorola Controller. 9-22-06: Site inspection and coordination with existing project drawings. 10-3-06: Verification of specification for Motorola irrinet controller with Irrigation Project Manager Roger Dick. Request for Quote from E.B. Simmonds is due by Oct. 20, 2006. E.B. Simmonds to provide all electrical components. 10-18-06: E.B. Simmonds quotes complete project at $22,790.00; requires Committee Approval in order to proceed. 11-2-06: Committee votes not to proceed with Motorolla Irrigation Controller Conversion. 11-2-06: Project cancelled. V A-19) - COMPLETE-SDP PLAN REQUEST-Request for SOP Plan for Developments within MSTU Boundary - As per MSTU Committee discussion on 10/5/2006. 11-17-06: No Plans on record as being submitted for review in Transportation per John Podczerwinsky. Plans once received will be forwarded to MSTU Liason Statf for review. (V A-16) - COMPLETE -CLM Outstanding Maintenance Items Added on September 14,2006: I. Replace 2 valve boxes (and/or covers) at Pine and Vanderbilt Drive. 2. Cut the tops of the ficus hedges as per Working Group direction during previous walkthroughs.Replace 3. any dead and or dying bougainvillea and trim all bougainvilleas to eliminate all leaders. (Comments regarding "north of Tradewinds' bougainvillea - inspect for replacements and/or pruning) 10-5-06: Item #2 and #3 completed. 10-26-06: ltem #3 Completed; all valve covers are in place. (V A-21) - COMp',ETE -Request for Staff assistance with vehicles parking on irrigation heads and valves along Vanderbilt Drive. 10-20-06: Margie Hapke, Public Information Coordinator, Public Utilities/Admin; contacted regarding Committee request. 10-23-06: Margie Hapke sends notification to all field crews to avoid parking on grass and in particular sprinkler heads and landscaping within Vanderbilt MSTU Boundary. (V A-20) - COMPLETE -Request for FPL to trim trees from around power lines. 10-05-06: Committee request to have staff contact FPL to have them trim powerlines within the MSTU Boundary. 10-20-06: Becki Daniels, FPL, Vegitation Management, Senior Utility Arborist West Region contacted regarding Committee request. 10-26-06: Becki Daniels has deligated inspection and corrective action with 'Mike' ofFPL field arborist maintenance crew. Trees are to be inspected and pruned as per standard FPL practices. 4 16~ 1 B 0-\ (V-14) COMPLETE -Bench Replacement QUOTE RECEIVED FROM ANNUAL CONTRACTOR VARIAN CONSTRUCTION FOR $16,104.00 ($10,229.00 Installation; $5,875.00 Materials) February 10, 2006. 3-06-06 - CLM to provide quote as per committee request. 4-6-06 - CLM quote for $3,057.20 Approved by Committee April 6, 2006. 4-12-06 - Bench Order PO Sent to Contract Connections - Order will be shipped to CLM. 5-1-06 - Product order is pending, CLM is ready to install. 5-15-06 - No change in status waiting on material. 5-30-06 - Mark Adams reports bench order will arrive within two weeks and are being shipped toCLM. 6-12-06 - Still waiting for delivery. 6-21-06; Check w / Mark Adams on status 6-27-06; Order will be delivered in two weeks - Per Mark Adams 7-12-06; Order was to be shipped out july 11th - in transit to commercial land maint. 8-14-06: Order received by CLM and will be installed beginning August 23, 2006. Installation is to be complete by September 1, 2006. 9-14-06: Installation Complete By Commercial Land. (V- 1) - COMPLETE- PROJECT-REVISION TO VANDERBILT MSTU ORDINANCE 5-25-06-Scott Teach contacted regarding revision. 5-30-06 - Scott Teach is working on revising ordinance. 6-12-06 - Darryl emailed the revised ordinance to scott for approval & Dick Lydon. 6-27-06: Revising original draft coordinates and adding tiscal. 7-18-06 - BCC to approve Amended Ordinance 2006- 7 -25-06 7-25-06: BCC Approves Ordinance Revision. 8-22-06: Revision to ordinance is complete (V-2) COMPLETE-Report on Interest Rate for MSTU. Derrick Johnson reported the interest earnings for the Vanderbilt MSTU Committee. The Committee requested that Derrick provide an annual tabulation of the interest earnings since the creation of the MSTU in 2001. 3-20-06 - Tessie has request meering with Derrick Johnson. 4-17-06 - Derrick Johnson to attend next MSTU 5-1-06 - Derrick Johnson to provide 5 year report on interest earned. 5-15 06 - Derrick Johnson provided and committee satisfied with report. 5-15-06 - Committee requested an additional report with mstu report. 5-30-06 - Complete: Derek reported at mstu meeting. May 4th. (V-3) PROJECT CANCELLED-Effluent Connection - Project Preliminary Research Phase; Construction Cost: $900,000.00; Design Cost: $170,000.00; (V-4) COMPLETE-Bluebill and Baker Carroll Point Planting Project - Project Complete July 1,2005; $11,006.00 Project Complete (V-5) -COMPLETE - Bluebill and Gulf-Shore Drive -Project Complete August 30, 2005: Construction: $2,571.00; (V-6) -PROJECT CANCELLED-Plantings Bayview @ Gulfshore Drive - Cancelled 8/16/05; Construction Cost: $1,590 (V-7) PROJECT CANCEI,LED -Channel Drive@Gulfshore Drive - Cancelled 8/16/05; Construction Cost $1,590 Project Scope to possibly include irrigation. 5 161 1B ~\ (V-8) - PROJECT CANCELLED - Street Sign Project-Pending Vanderbilt HOA Approval: Construction: $15,390.00 Requires HOA Approval. Project is not approved by HOA (l0-18-05 report from Lew Schmidt). (V-9) - PROJECT CANCELLED-Plantings I lIth at Vanderbilt Drive Plantings. (V-IO) - COMPLETE- Sod Refurbishment Project - Project 50% Complete; Construction & Materials Cost: West Area ($3,999.20) ; East Area ($3,999.85). Project 100% Complete on 10/1 /05 (V-IO) -NON-MSTU PROJECT-Gulf Shore Drive Sidewalk Project-Pathways-Non-MSTU Project; Trinity Scott to report on the status of this project. Trinity Scott to report Status. Change Order to project is being processed. (V-II) -NON-MSTU PROJEC l- Sidewalk Project-East Side of Vanderbilt Drive (Vanderbilt Beach Road to Illth Avenue- Non-MSTU Project; Pathways Project; Trinity Scott to report on the slatus of this project. Trinity Scott to report Status (V-12) - COMPLE rE, Vanderbilt Drive - Plant Material Replacement Project. Need to review plant locations with Commercial Land Maintenance prior to installation. Schedule at next sub-committee meeting. Meeting to be scheduled after Lew Schmidt's meeting with HOA on 1/9/06. (V-13) - COMPI ETE-BACKFLOW PREVENTION-REPLACEMENT; Backtlow preventor failed to operate. 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'" .. t_ " '0 0 Ii '..0 'j' II {I) EA-CR- EA-El9- CR-EA-EA- EA-Eft._ o W Z U "'W Z ale:> z 11."':;:::> XI-...] WZI- e:>W::> Z::;; 0 W..... ~~~ Wcr:11. 11.11.< O;:!;U ~ ~ ~'" 00:: I-~ "'''' zz i'iii'ii ........ g:8 ~ O...U.....O.. <(...."'< (j'J(/)ZO .... ~~8~Jl .......... ffi w w:5, I-....LL>>III. ~~~ffiffi;i. g g i'ii SJ SJ t;.. CD l1J ..... 0:: 0:: J:;:~' -NM~~~~~~~~~~:~~~~~~~~~~~~~~~gM~~~~~~ RECEIVED OCT 0 Z Z008 rlala Halas Henning Coyle Coletta ... Board at COllOt'j Commissioners IIaM.tII" B... M.s.7 Jt. Advisory eo",,,,itt.. 2705 Horseshoe Drive South Naples, FL :-14104 April 3, 2008 MINUTES I. The meeting was called to order at 2:07 P.M. by Dick Lydon. No quorum was established. II. Attendance Members: Bud Martin (Absent), Dick Lydon, Charles Arthur (Excused), Bruce Forman County: Darryl Richard - MSTU Project Manager, Caroline Soto - Budget Analyst Others: Chris Tilman - Malcome Pirnie, Darlene Lafferty - Mancan, Jackie Bammel, Lloyd Bowein Discussion The following was reported from the March 26, 2008 meeting with Comcast: . It has not been determined if Comcast will pay for burial of Cable Lines . 95 % of (Comcast) Easements are in place . There are 2 Services (FPL and Comcast Cable) that require Line burial before poles can be removed and "both" will be at Homeowner Expense Darryl Richard reported replacement of infested sod is in progress. Discussion on Committee Member Recommendation Darryl Richard suggested a Special Meeting prior to the May 1, 2008 meeting. Possible meeting dates were discussed - April 14, 2008 or April 17, 2008. Darryl Richard will notify the Committee of the confirmed date. Chris Tilman reviewed a Flow Chart for Phase I Project. III. There being no further business for the good of the County, the meeting was adjourned at 2:40 P.M. Misc. Corres: Dale: Item # 1 too, I 1Bd-X '-' _1- Vanderbilt Beach MSTU Advisory Committee Dick Lydon, Chairman These minutes approved by the Committee on as presented or amended The next is scheduled for 2:00 P.M., May 1, 2008 at ST. JOHNS PARISH LIFE CENTER 625111TH Ave. Naples, FL 2 161 1B9-\ 161 RECEIVED OCT 0 Z Zoo8 "l J. ;.,;;A Fiala Halas Henning Coyle Coletta / ..... Board of Count} Commissionero 111.1""."'" BMeIl M.S.7.Jt. Adl'lsory eOHtHtlttee :27(),) Ilorscshol' Drivc South !\aplcs, FL :HJ(H 1 April 17, 2008 MINUTES I. The meeting was called to order by Dick Lydon at 10:04 A.M. II. Attendance Members: Bud Martin, Dick Lydon. Charles Arthur. Bruce Forman Others: Darlene Lafferty - Mancan III. New Business A. Review Applicants for the Vanderbilt MSTU Advisory Committee The 3 Applications were reviewed and discussed. (See attached) It was noted that Joe Connolly withdrew his application 1. Recommend applicant to the Board of County Commissioners for approval Discussions ensued and It was agreed that William Gonnering's experience as a Real Estate Broker would be useful to the Committee. Dick Lydon moved to recommend William Gonnering to the Board of County Commissioners for approval. Second by Bud Martin. Motion carried unanimously 4-0. IV. Public Comment - None V. There being no further business for the good of the County, the meeting was adjourned at 10:10 A.M. Vanderbilt Advisory ISC. Corres: Dick Lyon, Chairma - Item # .___._______ ,',;"';, 161 These minutes approved by the Committee on as presented or amended The next is scheduled for 2:00 P.M., May 1, 2008 at ST. JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL ~ IB~ 16' 11,.,."."" BMe. M.s.7-". Fiala Halas Henning Coyle Coletta 1 B r\ / Advisory Oo",,,,itt.tI 2705 Horse~hoe Drive S'~~CEIVED Naples, FL 34104 OCT 0 Z 2008 May 1, 2008 r',Jdr(j uf County Commissioners MINUTES I. The meeting was called to order by Dick Lydon at 2:00 P.M. II. Attendance Members: Bud Martin, Dick Lydon, Charles Arthur, Bruce Forman County: Darryl Richard - MSTU Project Manager, Tessie Sillery - MSTU Operations Coordinator, Caroline Soto - Budget Analyst Others: Jim Fritchey - CLM, Thomas Roadman - Malcome Pirnie, Darlene Lafferty - Mancan, Bill Gonnering, Lloyd Bowein III. Approval of Agenda Bud Martin moved to approve the agenda as submitted. Second by Bruce Forman. Motion carried unanimously 4-0. IV. Approval of Minutes - March 6, 2008 Charles Arthur moved to approve the Minutes of March 6, 2008 as submitted. Second by Bud Martin. Motion carried unanimously 4-0. V. Approval of Public Meeting Minutes: March 10, 2008 Change: Pg 1, Attendance Others: should read Jackie Bammel-"Vanderbilt Beach Resident Association (VBRA)" Pg 1, /I A.: should read Jackie Bammel "(VBRA)" Pg 3, /I E.: should read In some instances FPL will require easements for 20 ft. x 20 ft. for "switch cabinets." Pg 3, /I/.: should read There is a 25% cost reduction for the project through the "Hardening" program. Bruce Forman moved to approve the Minutes of March 10, 2008 as amended. Second by Charles Arthur. Motion carried unanimously 4-0. VI. Approval of Minutes: April 17, 2008 Charles Arthur moved to approve the Minutes of April 17, 2008 as submitted. Second by Bruce Forman. Motion carried uttlilloiDfoulsly 4-0. Dale: ltem#: (.-rw' ' 161 1 B d-'\ VII. Transportation Services Report A. Budget Report - Caroline Soto distributed and reviewed. (See attached) . Available Operating Expense $32,501.41 . Remaining Open P.O.s $105,500 Line Item 14 Landscape Incidentals ($20,000) over budget was questioned. Darryl Richard responded the infested Sod was replaced utilizing Landscape Incidental monies. B. Project Manager Report - Darryl Richard distributed and reviewed. (See attached) Tessie Sillery distributed Vanderbilt Beach MSTU FY08 Adjusted Balance Sheet (Unaudited). (See attached) Charles Arthur questioned if the MSTU is guaranteed by the County that they will not lose monies based on the Investment pool (Public Funds.) Tessie Sillery responded that the Budget Office would contact Charles to supply an answer. ~ (VA-24) RWA Survey- Timeline i. Deadline May 7,2008 i. Submit to FPL for review and approval ii. Anticipate Pot Hole areas to identify where utilities are located - 30 days to complete Darryl Richard distributed and reviewed Underground Project- Phase I Matrix (See attached) i. Phase I Engineering Fees (FPL) $13,027 iii. Receive Preliminary Design - 3 months (8-1-08) It has not been determined if Comcast will be responsible for the Burial of their lines. If MSTU is responsible the cost would be approximately 10 - 15 % of the overall total. Charles Arthur stated the Preliminary Design indicates where Easements are required. He requested a walk through with Chris Tilman and Darryl Richard to determine where lines cannot be placed in the ROW. VIII. Landscape Maintenance Report - CLM Jim Fritchey reported the Sod replacement is complete and responding well. Dick Lydon reported Tree limbs at the Vanderbilt Dr. North stop sign require cut back. IX. Old Business 2 161 1 BJ\ Dick Lydon reported the Bridge expansion on Vanderbilt Dr. N. will occur during the Road closure by the State for Bridge installation across the Cocohatchee River. X. Working Group Update's A. Utilities - Charles Arthur - Previously discussed VII. B. Maintenance - Bruce Forman - None B. Tax Analysis - Bud Martin - Requested a monthly report from the Property Appraisers Office for current paid taxes. Darryl Richard will forward the data. C. Liaison - Dick Lydon - None XI. New Business Dick Lydon reported the County Commissioners have announced that Parks and Recreation does not have sufficient funds to maintain the Landscaping at Connor Park. It was agreed in the event that the County ceased Landscaping Medians and Parks the MSTU would maintain the entry to avoid an eyesore. A. Summer Meeting Dates Meetings have been suspended for July, August, and September. X. Public Comment Lloyd Bowein reported he will not participate in the underground line burial. Bill Gonnering reported bushes on Seabreeze require maintenance. Discussions continued concerning Connor Park Landscaping. It was noted that no other MSTU has been responsible for maintaining Park area Landscaping. XI. There being no further business for the good of the County, the meeting was adjourned at 3:05 P.M. Vanderbilt Beach MSTU Advisory Committee D~." These minutes approved by the Committee on~ as presented or amended The next is scheduled for 2:00 P.M., October 2, 2008 at ST. JOHNS PARISH LIFE CENTER 625111TH Ave. Naples, FL. 3 - c-0 aJ t-f - ...0 .-. ~ 'g " o 2- "~ii :g::t1~~ ;l'n~~ ,;; III Jl!'~ c:~ cat$ o ..!. 8h~ ,1j~lo o Cll"O 011 U><(<<( .. * ~ " o " ~ 8 N ~ .. ~ .. ~ ;;o~ 0.:; ~<(~ " ~ 8 ~ .. 8 ~ .. 8 ~ " 8 ~ .. 8 ~ '" ~o ~~ ~! c<i"': o ~ ..; I ~:il U ~...: :il. M 8 ~ 'O:il ~lli O~ '$;" ~ ..; g ~ ~~.~~i .,;~.~. "''''' co .....(")110 o .............. ai...:.,;...:<ti..... ~ M N ..; I ~~.~::g ;.~.ci"''''' CO.....MllO co........... ~...:oi...:<tit- 8 M ..; ~~;~~g "~.ciu:i....:r--: ll'I ao.....C"')CI;I .... <0........... g....:ai...:.o..... ~ M N ~o o " $ ~ {il " ~ i .. .; ~.~j. .5 'l5,1 ~~.9! -g 15 8 8. ~.c ~!~e.!!~ 0_0-..,,8 "~EEE' :ll~~U~ 8111~~~0II o..::li:C005 ~ ~ " :! ~ M q '!I il ;\ ~ a M :! M ~ . N ::! 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"'''''''s; a;~8~N "''':'';-'''::i ;::~"'aN .. i. ~; ~ ~ig S~omN "':"':c<iNO :8~""8(tj .. i. ._~N~ r-m........ "":""::IriNs;! :i~!~N "':.oMN~ :8.~ ....l!N . M~~O>~ .....1I).....r--. ~~~i~ oiWc<i....::1lO on!"-....ltl..... ...-N mN .. - ~a;~58 :8g~$!g 0&000>1") lli.o M"": <0 :g~"";:lN ..; - ~ i= :\ " " " o ~ul~g Nll)fI")NlIO a)~...."'.... :- eN w ~ iI. ~ " o o o -! Ul ~ U~~~ E ~ ~ :g 0 l!.uB"gf .5!1&::l!:l,!! g!4)~"8~ ~E~&~ ~ ~ ..; ~ ~ M :il M ~ il ~ ;:l; '" :s ~ 8 M ~ ~ " ~ . :;: m N ~ . ;; ~ ~ ~ e o . " 8 o .. Jl ~ . " o 16 Ie( EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) SUB-COMMITTEE AND PRODUCTIVITY COMMITTEE SUB-COMMITTEE I=< ECEIVED OCT 0 3 2008 Wednesday September 3, 2008 Fiala Halas Henning Coyle Coletta ':,>udf(j ui County CommiSSIoners COLLIER COUNTY EMS HEADQUARTERS 2705 South Horseshoe Drive, Naples, Fl 34104 1:00 P.M. EMSAC District 1- Victoria DiNardo, Present EMSAC District 4- Nancy Lascheid, Present Productivity Committee - Janet Vasey, Chairman, Present Productivity Committee - Steve Harrison, Present Productivity Committee - Joe Swaja, Present Productivity Committee - Gina Downs, Present Staff Present: Jeff Page, Chief Dr. Robert Tober, Medical Director Jennifer Belpedio, Assistant County Attorney Dan Bowman, Deputy Chief Wayne Watson, Deputy Chief Artie Bay, Operations Analyst Dave Stedman, Database Administrator Jennifer Florin, Administrative Assistant Audience Speakers: Mike Brown, Chief, NNFD Jorge Augilera, NNFD Laura Donaldson, Attorney, NNFD, ENFD Doug Dyer, Chief, ENFD Erick Watson, BCIFD James Cunningham, NNFD Robert Metzger, Chief, GGFD Meeting was called to order by Chairman Janet Vasey. Motion to adopt today's agenda; passed unanimously. Discussion of ALS Engine Issues It was decided that with such a large crowd that we would talk about the ALS Engine training issues first. Janet stated that at the meeting last time it was decided that a few of the members would visit their respective fire districts. Joe stated that he spoke with Chief Murphy of the Marco Island Fire Department and he assured Joe that his ~~riIW on track and will have their health stream courses complete by December. Janet askectit"Joe was given a reason, and he said, no, he wasn't given a reason. The group 0aIeI reviewed the reports for the Marco staff noting that most have made a good effort to!t~~;<;t"~th~.~~] ~I 16 leI Page 2 service trammgs and most have also made a good effort to complete the online healthstream training. Nancy added that one of them had 100% compliance with everything. It was also mentioned by a member that Chief Murphy hadn't attended any of the in-service trainings. Chief Page stated that in actuality the chief officers are not required to attend all these things. They are state licensed, and need to keep that up with the state, however they do not practice under Dr. Tober so they are not required to comply with these additional trainings. Gina stated that she visited with the North Naples Fire Department, and they provided her with training books to substantiate that they are in compliance with state standards. They also felt that the training agreement was never fully agreed upon by the Fire Chief's Association. She added that she felt this was brought up late in the discussions and the issue is not training, but whether we should count the ALS engines in the EMS calculations. She felt that this should not affect our decision to count them. She also felt that they are not out of compliance, and if or when they do become out of compliance then it can be dealt with then. Janet stated that it appeared from the reports that there was very little in-service training done for the North Naples staff by EMS. Gina added that they had been doing some training at their location and they are current with the state requirements. Janet asked her if they had been doing the additional things that were referenced in the agreement. Gina added that they are doing some, but they feel the agreement or "matrix" was not agreed to. Dr. Tober asked if he could give some background on the reports. He stated that he was the sole person who asked for these reports, and there were some events that led up to them. First a test was given to one of the fire departments on basic drugs and their indications and contraindications. Dr. Tober stated that to his surprise the department did very badly. So he decided to take a look at where all the departments stood with their training. Again he was surprised by the lack of results. Finally he read the Final Report from this subcommittee and was surprised to see a sentence in there that referred to EMS units and ALS engines being interchangeable. He stated that he strongly disagreed to that. Which is the reason this group recei ved these reports. He stated that he knows North Naples was at least acutely aware of the matrix because they were present to help write it. Janet stated that she thought in one of the documents it said something about the districts being able to teach their own staff with approval from the medical director. Dr. Tober stated yes, with pre approval, however he has not had any requests for pre approval. He stated that yesterday he was given a large pile of sign in sheets and things from past trainings from North Naples and none of that was pre-approved. Nancy asked where the money was coming from to pay the individuals who are conducting the training at North Naples. Chief Mike Brown of North Naples stated that the money is a normal part of the budget, it's not additional money. Chief Brown also added that he also feels this all came up from this subcommittee trying to add the ALS engine response times in with EMS's times. He stated that he agrees that engines and transport units are not interchangeable. He also added that the matrix in question was never agreed upon, there are no minutes to suggest that it has. Joe stated that there has to be a draft document at least. Chief Brown stated yes there is a draft that everyone has, however there are some pieces that they still don't agree to. He also added that the Interlocal agreement for his department went into effect one year ago. The matrix however has been discussed for 3 or 4 years. Additionally his Interlocal states that the "chief's will cooperatively come to an agreement on a matrix." He feels that EMS has made it difficult for him to meet the requirements. He stated that he cannot have 7 fire engines come here for in-service 16 lei Page 3 training, and he believes that their training person, who used to work for EMS, has been given verbal approval to teach in North Naples. Janet asked a question of Chief Brown regarding training. She asked where they get their material to train on, and why they haven't gotten pre-approval from Dr. Tober. Jorge Augilera from North Naples answered by saying that, they teach on the same material that EMS does. He also stated that there is nothing in the agreement that states they need pre-approval. It only says that the rosters will be submitted for approval. Chief Brown stated that Chief Page told him only last week that all Jorge has to do is attend an in- service to be able to teach his own staff the same material, and he has been given verbal approval to do so by Dr. Tober. Chief Brown stated that he feels we are trying to hinder them staying in compliance. Laura Donaldson the attorney for both North Naples Fire and East Naples Fire asked to speak. She stated that she and Assistant County Attorney Jennifer Belpedio were the ones who drafted the 2007 agreement to allow the fire districts to provide ALS services. She stated that some of the issue being brought up are not appropriate, and feels they would be better served to be dealt with by the County and the districts separately. She also stated that the matrix in question pre-existed the contracts, and the contract states that qualifications will be cooperatively developed. Additionally she realized just days prior to the meeting that the district never got an approval from Dr. Tober in writing allowing for Jorge to teach the in-service training, which is an oversight, and will be remedied. She added that she was asked to attend today to clarify that that agreement is only one year old, not two, and that the matrix was not agreed upon by the fire chief's. Steve stated that he felt the date of the contract was not important, what is important is that Dr. Tober is solely accountable for the quality of care on the roads, and has the authority to pull the license of everyone that is not in compliance. He stated that maybe he should do that until everyone can agree on something and actually do it. Laura stated that if that is what Dr. Tober feels he needs to do that's fine, it's his decision. Nancy stated that she feels this is blatant disregard and she is shocked that this is happening with professionals. Chief Brown stated that they exceed the states requirements. Nancy responded by saying that this is not a state issue, the fact is that they are jeopardizing Dr. Tober's medical license, as well as the public. Laura asked then why haven't the QA meetings that are supposed to be the responsibility of the county are not being done. She stated that everyone will be hurt if this becomes a he said she said situation. She stated that there are requirements in the matrix that the districts could never meet which is why they never agreed to it. She added that maybe they need to sit down with Dr. Tober, Chief Page, and Jennifer to clarify the matrix. She stated that Dr. Tober has the authority to have additional requirements, but they need to be realistic. Dr. Tober asked to again clarify some things. He stated that the reason the in-service training is preferentially done at EMS is because the training staff take many of the mistakes that happen each day by our own people and completely de-identify them and use them as a learning tool. He stated that there was no way that Jorge could have taught with those because he was never given them. He also added that because of that and the critical question and answer discussions that happen at in-services there is no easy way to say the training provided here and the training provided there are equal or interchangeable. Dr. Tober then spoke about his perspective of training and what he feels 161 1 CJ Page 4 IS Important. He wanted to reiterate that it is BLS that more often saves lives versus ALS. He also gave a few topics of advice that he would like the committee to take into consideration and recommendation. Those topics included aiming for a 4 minute response of BLS care; a re-vamping of the dispatch system; a method of response in accordance to the severity of the call. He also stated some steps that will be taking place in the future in regards to compliance on a quarterly basis, and the keeping of the files on all fire paramedics and EMTs at EMS. Steve asked Dr. Tober if he thought there is an overload of people in the classification. Dr. Tober responded by saying that most of the people on an ALS engine are basic life support providers. Regardless of their classification, that is all they have the opportunity to be until EMS arrives. He stated that some of the danger with the ALS engines is that sometimes the people first on the scene forget about the BLS steps and jump into steps 3, 4, or 5 when those really make no difference in the saving of a life. This happens and when it does, those agencies are told about it and asked to intervene immediately. Those situations don't wait until the next in-service, or the next QA meeting. They are discovered and resolved quickly. Dr. Tober stated that he feels that is the best method of quality assurance is to remediate the situation quickly before it has a chance to happen again. Gina asked if he knew the number of times the BLS steps were skipped. Dr. Tober stated that basically if it happens once, it's too many. Also, if it does happen the providers are immediately notified and remediated. He stated that he didn't know the exact number, but approximately 12 or so in the last year. He added that those were not life threatening, but nevertheless still not the right thing to do. Gina also asked Dr. Tober about his statement regarding the cost of resources responding to calls, and the implication that she was asking specifically was that the cost of a fire engine is more than an EMS unit. Dr. Tober stated that the numbers he used in his examples were just off the top of his head. The point he was trying to make was that there is an intelligent way to reorganize the response throughout the county so that the correct materials are going to the correct calls, and the other resources are held in case of an additional call. The last question Gina had was in reference to the dollar figure he gave that the fire departments are throwing away in drugs. She asked what EMS was throwing away in drugs annually. Dr. Tober stated that we spend about $100,000 a year in drugs, but we have to. We are required to carry everything, as far as the dollar figure we throwaway he wasn't exactly sure, but the only reason we throw them away is because they expire and we don't get credits back. Steve asked if the reason we have so many paramedics is the way the fire departments get people to a higher pay grade. Dr. Tober stated that he thinks what Steve is asking is; do we need all the paramedics that are ALS licensed in the fire departments at that level; and the answer would be no. That is proven in the fact that they rarely get to use those skills because most of the time they are providing basic life support. However he stated that he would never hinder someone from getting a higher education to better themselves. Additionally it is nice to have a lot of well medically trained people in the event of a disaster, but based on actual utilization on a day to day basis we don't necessarily need that many. Janet recognized that there were some audience members that had some comments. Chief Doug Dyer of East Naples Fire stated that he feels there are many truths to the comments made by Dr. Tober, however there are some underlying details that may be getting glossed over. He stated that in East Naples they understood that the matrix was 16 1 CI Page 5 never adopted, but they thought they were following at least most of it, and exceeding it in some areas. He stated that he thinks Dr. Tober is leading the committee in a different direction than they originally intended. He stated that initially the group was talking about response times and now he brings up revamping all aspects of emergency medical care. Janet responded by saying that the original charter for this group was to review the EMS Master Plan. One of the big issues was to determine how ALS engines could be counted, and how they support EMS. As far as the Productivity committee goes, they have talked for years about including the ALS engines response times to help meet the need of EMS. As a result of this master plan EMS has started counting those response times. She stated that one of the conclusions the group came up with was that ALS engines should be counted not as replacements but as support for EMS. The reasoning for the training discussions was due to the fact that this committee was making a strong recommendation to count them, and once this was discovered there was question as to whether EMS could count them. She stated that sometimes a group can go outside of what their original task is, which happened in this group around budget time. Chief Dyer commented about the reasoning the fire departments are in the business of ALS. He referenced something that happened in the 1990's regarding the IAFF fighting against private ambulance companies. He stated that the union (IAFF) pushed the fire departments to become ALS capable and start transporting, which is what started the fire- based EMS systems around the country. He stated that as the Chief of East Naples Fire he has no interest in becoming a transport business. He added that the reason they do want the ALS capability is to have that extra support and service for the community. Janet asked Chief Dyer what he thought about the training in East Naples, it appeared that some people had come to the in-services and others have not. He stated that he puts a major emphasis on training, and in fact they have two former EMS trainers providing the training in East Naples. Janet asked him about having his curriculum being pre-approved in the future. Chief Dyer stated that the EMS subcommittee of the Fire Chief's Association has a curriculum approved at the beginning of the year for the entire year, and that's what they use to teach. Joe asked if Dr. Tober had approved that. Erick Watson of Big Corkscrew Fire stated that it comes from the EMS training staff. Chief Brown stated that we are assuming the system is broken, and he doesn't' feel that way. He thinks it could be improved upon, but not broken in any way. He again stated that his department will have their training complete by the deadline. Janet stated that she reviewed the online training that North Naples has completed, and the most common number of complete classes was 2 out of 19. She added that there were some that were more, but the most people only did 2. She asked Chief Brown why the emphasis isn't there to get them done. He stated that more emphasis is placed on the hands on training, whereas this is just computer training. He added that he feels this information has been presented to make the fire departments look bad. Janet asked Dr. Tober how he feels about the training and testing issues. He stated that they are all over the board. Some departments comply with no problem, and some individuals comply with no problem, but others do not. It would seem that some of the paramedics in the fire department aren't really that interested in medical care, but they do it because it's their job. He stated that he doesn't spite them for getting the training whatsoever. Janet then asked Dr. Tober about the testing in the City of Naples where the 16 Ie I Page 6 paramedics did not pass the test. She stated that the committee considered the training issue and the testing issue to be significant. She asked if Dr. Tober felt they were also significant and if they were significant enough to be in their report, or if they could be fixed and not need to be reported on. Dr. Tober stated that the downing of the engine in the City of Naples didn't leave a huge void in the level of service; however it did question whether there were others in the county that are not knowledgeable enough to utilize these drugs. He stated that training is an ongoing thing, and that the people who are armed with the most supplies need to be the people who have the opportunities to use them most often. He also stated that as of today he thought the matrix was agreed to. Chief Page asked Dr. Tober a question regarding the training given at the districts. He stated that by state statute he, as the Medical Director, has to recognize those trainings before they can use them toward their CEU's. Dr. Tober asked what his alternative would be. Chief Page stated that the fire districts alternative would be to attend another training class or something to make up the CEU's. Eric Watson stated that they are teaching the topics given to them by the EMS training department. Chief Page stated that he was only trying to get a clarification. He also stated that the only reason the matrix says 75% attendance is because that's what the fire departments said they could do. If they never agreed to it, then why are some departments coming to the in-service training and others aren't. Eric went on to ask Dr. Tober for a QA meeting, which Dr. Tober agreed to as long as it pertained to QA and not trying to make the fire medics the same as EMS medics. James Cunningham asked to speak next; he stated that he works for North Naples and is the president of their union. He wanted to address one thing that Dr. Tober said and that was that police officers are not trained as BLS responders. They are trained on a first- responder level, which is not the same as the BLS level. Which Dr. Tober agreed was accurate. He also made mention of topics covered by other fire personnel regarding the training they do and the difficulty they have coming this far out of district; he also referenced the response protocols in North Naples and how they work. Dr. Tober stated that he is most disturbed with the fact that he thought there were solid agreements in place, and today he finds out there was not. He stated that he would like to have the lawyers help with creating a new agreement so that nobody can contest it. Assistant County Attorney Jennifer Belpedio stated that she feels Dr. Tober is being very gracious by working with the fire districts to come up with a training plan. He has the authority to have all the paramedics in the county do whatever training he feels necessary, and he doesn't have to let the districts have a lesser standard than the EMS staff. Joe asked the question of when an agreement can be done; because as a citizen he wants to be sure that all the people are equal in regards to training. Jennifer stated that she doesn't really know, but the good news is that a matrix would not have to go before the BCC for approval. She also stated that it will be determined by the parties involved if they can agree on something and uphold that agreement. She added that she is willing to work on this and make it a priority, so long as others can also. Chie Brown stated that there are two issues here. One is the certification to practice under Dr. Tober as an ALS provider and the other is recertifying with the state as a 16 Ie r Page 7 paramedic. He stated that by December, the deadline for the state, all the training will be complete to relicense. The issue of practicing under Dr. Tober, he stated that they are willing to come to an agreement with the chief's association as long as Dr. Tober makes it feasible for them to complete. Jennifer stated again that the fire chief's association is not a party of this agreement, so in her opinion they don't necessarily need their signature. Laura agreed that if her and Jennifer can get together and work out some of the interpretation issues with the help of Dr. Tober this can happen fairly quickly. Joe stated that what he is looking for as a citizen is a cooperative effort on behalf of all the departments so that everyone is on the same page, and doing the same thing. He stated that he wants assurance that a person from North Naples is just as qualified and trained as a person from Marco Island. Deputy Chief Dan Bowman from CCEMS stated that he is the one who has oversight of all the daily operations, and for the first time today he is hearing that the matrix does not exist. He stated that this matrix is such a part of everyone's daily language and he has never heard anyone ever say, before today, that it doesn't exist. Additionally, the issue about engines having to come out of district to attend meetings was addressed in the matrix meetings. Dan stated that in those meetings the districts said they couldn't bring their engines out of district for all of these meetings, so it was decided and agreed to that they would create an adjunct trainer that would come to one meeting, get the curriculum and go back to their district and teach the staff there. That was the compromise asked for by the districts. Dan also asked Dr. Tober what we should do in the meantime, because there are people in the fire service that have never met with Dr. Tober before and have never attended any meetings. Dan then asked that if it's the contention of North Naples fire that we don't have a standard, what do we now do until one is eventually created. Dr. Tober stated that at this point he does not know what to do. Chief Brown stated that he is concerned someone will find his home address from the record that was passed out in a public meeting that had his name on it. He stated that firefighters are protected just like police officers, and he is requesting that next time the information is presented in a spreadsheet form without names. Chief Page stated that there were no addresses attached to any of the documents. Dave Stedman from EMS stated that to rap this all back up the committee needs to decide how to account for the ALS engines. He made a point that he doesn't agree that response times are the most important factor to consider when downing units. He brought up that the draft could appear to an outsider that the counting of ALS engines response times are the reasoning for downing units. Chief Page stated that it was the population figure that made up the reasoning for the downing of the two units. By using the 16,400 population figure as the trigger, which was agreed upon in last years AUIR, the lower population number called for the reduction of two units. With the budget constraints this year of meeting a $708,000 reduction in salaries, this also worked out. He also stated that he feels the response times of the ALS Engines should be counted. Janet agreed that was the series of things that made up the removal of the two units. Dr. Tober stated that he had to leave to attend another meeting, but he would be happy to meet with whomever to help come to an agreement on the matrix. He thanked everyone before leaving. 16 leI Page 8 Chief Metzger from Golden Gate Fire stated that he feels we are missing the fact that we don't have a standard that he knows of, of how may transport units this county needs. He stated that Chief Page has given him a minimum number of 24, but he doesn't think that's correct for the standard the county actually needs. He also stated that he feels this issue is something this committee should address but hasn't done so adequately yet. Chief Page stated that the standard is clear in 1710 that if you have a 4 minutes BLS response, you need an 8 minutes ALS response. He said that's our goal and standard. We have revised it slightly for the rural area with a 12 minutes ALS response time, but that's the only change. Chief Metzger stated that we should be dealing with just the transport issues and not clouding it by using 1710. He asked if such a standard exists. Chief Page stated that the 1710 standard is what we use. It was approved by EMSAC and the BCC. Dave stated that at this point it would be difficult to change because that standard is countywide and there is not ALS participation countywide. It would be difficult to equate any other way. He also stated that this was talked about in other meetings, and the problem is that in the areas where there is no ALS engine the transport would have to be significantly faster to not skew the data. Chief Metzger then asked why we took a unit out of Golden Gate where there is no ALS engines. Chief Page stated that he has permission to down two units based on staffing levels, however those units cannot be removed from a zone if there is only one unit in the zone. For example, Isles of Capri, there is only one unit there, and even though they are not the busiest unit he cannot at this time take that unit out and leave two units in the same station in Golden Gate because that would leave the Isles of Capri zone vacant. He also stated that once he gets the approval from the Board with the recommendations from these two committees he should have the flexibility to change that. He stated that the he will be telling the Board upfront which units are most likely to be removed, which are Isles of Capri and Ave Maria. Janet added that the information is included in the report which units would have the least impact once removed. Chief Brown stated that he is concerned that this committee is recommending removing EMS transport units strictly on a fiscal basis. He stated that he agreed with Joe the first priority should be the health, safety, and welfare of the citizens and this seems to be contradictory to that. Nancy stated that she didn't want anyone to think that this committee has taken this recommendation lightly. She stated that everyone will have their chance to speak to the commissioners on this issue also. Nancy asked for a few changes to the draft report starting at the bottom of page 2. The section that deals with the charging of EMS fees to doctor's offices, and nursing homes; she requested the committee consider adding a clause to exempt facilities that are a SOIC3, or not for profit clinic. She stated this is the type of clinic she runs, and the patients are there because they make very little money and have no health insurance, so if they needed a transport it should be obvious those patients cannot pay for the EMS bill, and she's asking for a provision to not bill the clinic, or other clinics similar, for those fees. Additionally she is requesting that the committee delete the charging of physician's office also, because she didn't feel it to be fair to charge a healthcare professional when they decide they need help and need their patient taken to the hospital. Dan asked if NCH was considered a SOIC3. Nancy answered, yes, they are but they also have a holding company that is a for profit company. Janet asked the group how they felt about 16 IGl Page 9 these changes since this was voted on in earlier meetings. Chief Page stated that she would have the ability to go to the Board and ask for an exemption on behalf of the clinic. Jennifer Belpedio stated that if the specific facility was named in the billing ordinance for exemption that wouldn't be legally sufficient, however if a group was named, such as SOlC3, that would be ok. Janet asked if Nancy would be ok with adding something in that paragraph that states there may be room for exemption. Nancy agreed that would be fine, and then she can take it up with the Board on behalf of her clinic. Gina had concerned about putting a recommendation out that allowed for exemption for one member of the committee. She asked if maybe there was another alternative, like naming income levels. Nancy stated that if the group can come to an agreement to allow the door to be open, she has no problem lobbying them one on one. After some discussion Nancy decided to withdraw the idea of exemption for her facility. She did however ask Chief Page if EMS has billed physician offices in the past. He stated no, it was another type of revenue that was brought up at this subcommittee. He stated that the reasoning behind this is not to generate revenue so much as it is to prevent people from abusing the service. For example, in the past there have been calls from a nursing home to take a patient to a doctor's appointment, and when we try to bill the patient, Medicare won't pay because it doesn't meet criteria for the use of an ALS ambulance. This will allow us to bill the facility for those instances where they should have called for a non emergency transport. Nancy stated that she feels it's not right to bill a physician when they make a judgment call and determine that a patient needs to be transported. Gina asked Chief Page if this is practiced in other states. He stated yes, other places do things like this. Chief Page suggested that perhaps we could include language identifying the physicians be billed as payer of last resort. After a short break, Janet asked if anyone had anything else to add to the changes. Hearing none, Joe made a motion to approve the final recommendation with the changes that were agreed to; second by Gina. Janet then asked the group if and where they wanted to mention the training issues along with the things Dr. Tober requested to be looked at. Gina stated that she feels the training differences don't warrant changing the recommendation to include ALS response times with EMS. Joe added that competency wasn't necessarily part of their original charge, however because it was brought to their attention they now have a responsibility to bring it to the commissioners attention in some fashion. Vicky stated that at the very least we should bring up the matrix and the fact that it hasn't been agreed to and that a problem exists. Janet stated that she tried to get an answer from Dr. Tober on how serious he thought the training issue is, and he didn't directly answer her. Nancy stated that he wouldn't have brought it to the committee's attention if he didn't think it was important. It is not important anymore how long this has been going on, the idea is to get it done. Nancy also added that she feels this will be a big issue and topic for EMSAC, and she would like to have a position from this committee on the subject. Vicky added that she agrees it should be addressed because of the difference of opinion regarding whether the matrix was adopted or not. Janet stated that she wrote up two different scenarios for approaching this subject. One was just mentioning it on the transmittal letter, and the other would be adding a section to the final report specifically outlining the issues. There was much discussion on language and it was decided that mentioning the issues on the transmittal would be sufficient and the additional section would not be necessary. Chief Dyer brought up the point that there is a distinction between paramedics in the county and "Tober-certed" paramedics. He 16 I lei Page 10 added that if the matrix did exist, those Tober-certed medics would be the ones that would have to follow it more closely. Chief Brown stated again that these are state training, and they will be in compliance by December. He also brought up the training that was done by his staff, which is not included in the report. Chief Page stated that just because Chief Brown's staff did training doesn't mean they count as CEU's per the State unless Dr. Tober gives pre-approval and sign's off on them. So therefore if his staff didn't get pre-approval, Dr. Tober mayor may not sign off on those hours. After more discussion on language, it was agreed that the third paragraph of the transmittal would read: "As we met to approve a final report on the EMS Master Plan, concerns were raised that the training process and certification are issues between the fire districts and the EMS Medical Director. Additionally, an ALS engine unit was deactivated when paramedics failed an EMS Medical Director examination. These situations need to be corrected as soon as possible." Janet asked Nancy if she would bring up Dr. Tober's other topics with EMSAC. Nancy stated that she would be bringing them up. Motion on the table with second to accept report and transmittal as revised; passed unanimously. Motion to adopt the minutes from August 28th, seconded; passed unanimously. Meeting adjourned. Respectfully Submitted, Jennifer Florin Date Adopted: IO/; jo'lf I I led;J. 6{lLU Ch. an / SubCommittee Member Signature Public Safety Coordinating Council Regional Task Force Meeting June 12, 2008 10:00am North Collier Regional Park Exhibit Hall 1. Call to OrderlWelcome- Judge Starnes 161 Ie, RECEIVED OCT 0 6 2008 _tSoard of County CommiSSioners Fiala Halas Henning Coyle Coletta 2. Acceptance of Meeting Minutes from February 29,2008 3. Discussion Regarding Motion Approved by the Collier County Board of County Commissioners Re: Collaborative Grants 4. Review and Discuss Data from Lee, Collier, and Charlotte 5. General Discussion 6. Public Comment 7. Adjourn Misc. CO/Te . Date L 0 ~f? Item #-L to "fL.1 COp;r.lS to 161 lpr'L ~ ....' e:r June 12.2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL REGIONAL TASK FORCE Naples, Florida, June 12,2008 LET IT BE REMEMBERED, that the Collier County Public Safety Coordinating Council Regional Task Force, in and for the County of Collier, having conducted business herein, met on this date at 10:00 AM in TASK FORCE SESSION., at the North Collier Regional Park Exhibit Hall, 15000 Livingston Road, in Naples, Florida, with the following members present: CHAIRMAN: Commissioner Fred Coyle (Excused) Chief Judge Keith Cary Judge Hugh Starnes Stephen Russell, State Attorney Mindy Collier, NAM! Pamela Donelson, State Probation Circuit Administration Capt. Daniel Kacynsky- Charlotte County Sheriff's Oflice Jon Embury, Charlotte County Court Administration Len Price, BCC Representative Scott Gee Mark Lennon, Senior Supervisor, State Probation ALSO PRESENT: Mike Sheffield, Assistant to County Manager 16 led- June 12, 2008 1. Call to OrderfWeIcome Acting Chairman Judge Starnes called the meeting to order at 10:08 AM, 2. Acceptance of Meeting Minutes - February 28, 2008 Judge Starnes deemed the Minutes to be approved. 3. Motion Approved by the Collier County Board of County Commissioners re: Collaborative Grants Judge Starnes read the following announcement into the record: "Item 9-H: Requestfor the Board of County Commissioners to consider joint participation of the Collier County Public Safety Coordinating Council with other Public Safety Coordinating Councils in Lee, Charlotte, Hendry and Glades CountiesfiJr the purpose ofjoint grant application to address public safety concerns such asjail overcrowding .. Judge Starnes stated the motion was approved by the BCe. 4. Review and Discussion of Data from Lee, Collier and Charlotte Counties Mike Sheffield stated at the last Task Force Meeting he was asked by Commissioner Coyle to assist with the collection of reports from existing agencies and to identify the common elements of the various programs. He stated he focused his data collection efforts on three topics: jails, alternative courts and county probation, and his report was distributed to the Task Force members. He stated each County used different methods to tabulate its data. For example, Charlotte County counts each time an inmate attends a class. If a Mental Health Program offered nine classes and an inmate attended all nine classes, he was counted as "9." Charlotte County offers nine different programs for jail inmates, but its main focus is on Mental Health and its female inmate population which is quite large (17%) in comparison to other Counties. Charlotte County is currently compiling data on which programs are most successful in lowering recidivism. Collier County does not currently offer Mental Health counseling to inmates in jail. However, medication is provided to inmates as necessary. 13:U ;'"t I- Jail capacity was discussed. Lee County has a maximum of2,400 inmates. Collier County can handle a maximum of 1,3511 and Charlotte County's capacity tops out at 608 which includes 80 beds set aside for the work-release program. It was noted the capacity for Collier County also includes 356 beds assigned to Immokalee. Information regarding the number of illegal inmates is tracked only in Collier County. It is not a problem in either Lee or Charlotte Counties. There was a discussion of Truancy Court and how each County operated its Court. It was utilized as an intermediate step, similar to diversion. The parents of the truant student were brought to Court and their role was discussed. They were made aware that criminal charges could be brought against them. In Hendry County, the Superintendent of Schools may file a petition because Truancy Court is not modeled after Criminal Courts. 2 16' 1(;)- June 12,2008 There are three programs in Charlotte County that focus on re-acclimating inmates who are 55 and older into society after completion of his /her jail sentence has been served and Federal money is available for these programs. Stephen Russell stated a representative from Lee County would be going to Oregon to assess a new and innovate jail concept that had been instituted. Judge Starnes asked Mike Sheffield to contact Lee County to ask if a representative could come to the next Task Force meeting and make a presentation concerning Oregon's new jail program, There was a discussion of the available probation data, Again, the data was compiled differently with each County, Charlotte County has a generalized case load for each probation officer while Lee County has two officers specifically assigned to Drug Court. There was a discussion concerning the "Technical Violation of Probation" and whether that tool was utilized in each County, For example, if an individual currently on probation for a grand theft is stopped for driving without a valid license (which is not related to the underlying offense), a TVOP letter is sent to the Judge informing the Court of the violation but recommending continuation of probation rather than issuance of a warrant. The goal is to continue working with the individual rather than re-incarceration. Collier County has not implemented the "TVOP" because it is not supported by the Criminal Court judges who have questioned the legality of the TVOP. Budget cuts were also discussed. Six probation officer positions and five clerical positions have been eliminated in the State's Department of Probation, The general consensus was that more funding is needed for the various diversion programs. Alternatives to probation were discussed including combining probation with drug treatment programs as is done in West Palm Beach, The State Probation Office must adhere to State Statutes which require certification for probation officers, Grant opportunities were discussed, Consensus was that there will be grant money available in the late fall, possibly October. Mindy Collier stated she receives grant information on a daily basis which she forwards to her counterparts. Judge Starnes asked for ideas regarding how to use a grant if one were awarded, Mindy Collier stated the State Justice Institute currently has planning funds available that could be used for organizing the group. She also suggested if a project-oriented idea, something with a different focus, such as a halfway house for Charlotte County's 55+ inmate population, a grant application could be created. A suggestion was made regarding Circuit-wide expansion of Drug Court and Mental Health Court. Each County has its own limitations, i.e., Charlotte is needs treatment dollars, Lee is limited on the State-side with its Probation. A grant application could be made for expansion of those programs since they already have a successful track record. 3 16 Ie/- June] 2, 2008 Judge Starnes mentioned Juvenile Mental Health Courts have been instituted in San Jose and in Cincinnati which claim to be very successful. He stated it was interesting to note that both of these Courts, in different parts of the County, devised similar profiles - 50 to 70 percent of the juveniles referred to delinquency diversion programs have been diagnosed with some type of mental health problem such as ADD, He further stated the success rates of the Juvenile Mental Health Courts are in the 60 to 70 percent range. It was noted each County offers a difTerent type of centralized mental health program. In Charlotte County, there have been as many as 135 inmates who have actual Mental Health evaluations which is a large portion of the 500+ jail population. Charlotte County offers behavioral treatment programs while Lee County has more in-patient beds, Sarasota County has more medical beds. Individuals requiring mental health treatment fall into either the "Axis I" or "Axis II" category. Judge Starnes suggested the three mental health coordinators, together with a representative from their respective County's jail, could meet to develop the framework to apply for grant funds, He asked Mike Sheffield to assist in coordinating this effort. Mike Sheffield asked for assistance from Mindy Collier, who agreed to coordinate with him. Mark Lennon stated the placement of sex of Tenders within various Counties has been difficult due to statutory limitations and County Ordinances, If a property could be purchased, either through State or Federal fimds, half-way houses could be constructed which would enable Probation to track and monitor the population, and offer shelter to homeless sex offenders, in a central location where they could be supervised and offered treatment. 5. Public Comment - None 7. Meeting Schedule - Mike Sheffield will coordinate scheduling a Fall meeting date and will notify all participants by email. 4 161 led- June] 2, 2008 There being no further business for the good of the County, the meeting was adjourned by order of the Acting Chair at 11 :30 AM. COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL REGIONAL TASK FORCE ~/.~.J-<L ~"'- Judge Hugh Starnes, Acting Chairman /lc -1:-AA oJ.. :J'wly .,100" These Minutes were approved by the Board/Committee on <7 It 'I/o 'i as presented or as amended .....-- 5 RECENEO OCT 0 3 2008 Fiala Halas H€nning Coyle Coletta l.--- 61 plember 19,2008 Ie) ., N .~ ommlssioners I-::0<1r<1 elf Coufl . \,., MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, September 19,2008 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate STAFF PRESENT: Susana Capasso, Code Enforcement Investigative Supervisor Marlene Stewart, Code Enforcement Administrative Secretary 3 '<":'I~'<:; k 161 lC3 September 19, 2008 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer(s) for a Resolution by Stipulation; looking for compliance without being punitive. RECESS: 9:13 AM RECONVENED: 9:31 AM II. APPROVAL OF AGENDA Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes: (a) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the County due to compliance and/or payment: . Agenda # 1, Case # PU 4399 - BCC vs. Sheila A. Sheridan . Agenda # 2, Case # SO 163953 - BCC vs. Patrick Kern . Agenda # 5, Case # DAS 11652 - BCC vs. Tyrone Morgan . Agenda # 7, Case # PR 003321 - BCC vs. Stacy Manhardt (b) Under Item V(B), "Hearings," the following case was DISMISSED by the County at the request of Parks and Recreation: . Agenda # 6, Case # PR 003530 - BCC vs. Wilfredo Nieto (c) Under Item IV, "Motions," the County requested removal of the following case due to an issue with notice: . Case # 2007080213 - BCC vs. Gilda Navarro / Countrywide Bank The case will be continued for another Hearing date. The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. III. APPROVAL OF MINUTES The Minutes of the Special Magistrate Hearing held on September 5,2008 were reviewed by the Special Magistrate and approved as submitted. IV. MOTIONS 2 161 lC3 September 19,2008 A. Motion for Extension of Time to Comply: 6. Case # 2007080938 - BCC vs. Linda & William Haines The Hearing was requested by the Respondent who was not present. Collier County Property Maintenance Specialist Joe Mucha was present. Violation(s): Ord. 04-58, Sec. 6, Sub(s). 12B, 12C & 121 Property maintenance issues Violation address: 3087 Lunar St., Naples, 34112 The Special Magistrate stated the Respondents had submitted a letter requesting an Extension of Time. The Order was entered on January 18,2008. Respondents were given until May 18,2008 to make corrections and pay Operational Costs. The Investigator stated the County was opposed to granting a further Extension of Time and produced two photographs which were marked as County's Exhibits "A" and "B" and entered into evidence. He further stated the Respondents have not corrected the problems but made the situation worse by removing the mobile home's siding. The Special Magistrate DENIED the Respondent's Request for an Extension of Time to Comply. The Special Magistrate noted the Order has already authorized the County to abate the violation by contractor bid-out and assess the costs to the Respondents as well as request assistance from the Collier County Sheriffs Office, if necessary. C. Motion for Continuance - NONE V. PUBLIC HEARINGS A. Stipulations - NONE B. Hearings: The Special Magistrate noted the Respondent in the following six cases was the same entity and that each case would be heard individually. 9. Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo, Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent, Bobby Dwight Calvert, owner, was also present. Violation(s): Code ofLaws & Ord., Chap. 142, Sec.(s) 142-33 (J), 142-34, 142-37(B) Allowed/employed Neil Walmsley to operate a vehicle for hire making passenger pick up in Collier Co. without first obtaining a Driver ID 3 16 \ lC3 September 19,2008 issued by Code Enforcement Violation address: 851 Gulfshore Blvd. The Investigator stated the owner failed to either contest the Citation or request a Hearing before the deadline expired. Since 30 days had elapsed since June 5, 2008 which was the date ofthe Citation, the County requested ajudgment in the amount of$500 together with an administrative fee of$5.00 for a total amount of$505.00. The Respondent stated he did respond. He stated he faxed the information to the Investigator's office on the evening of the incident; however he was not able to produce a copy of his correspondence. He informed the Investigator that DOT- approved vehicles were required only to display the numbers on the outside of the vehicle. Certification was not required to be carried in each vehicle. The Special Magistrate stated she was not hearing the merits of the case, but only the due process issues. The Investigator acknowledged receiving a copy of the DOT registration form. She stated she contacted both the County Attorney's office and the Motor Carrier Compliance Office of the Department of Transportation inquiring if an individual possessing a DOT registration was exempted from local Vehicle-for-Hire Ordinances. The answer was, "no." She stated she issued the Citation on June 5, 2008 and had not heard from the Respondent after that date. The Special Magistrate verified the incident occurred in May 9, 2008, but the Citation was not issued by Investigator Crowley until after she investigated the representations made by the Respondent. The Investigator introduced two emails which were marked as County's Exhibits "A" and "B" and entered into evidence. The Respondent introduced a document (copy of Ordinance) which was marked as Respondent's Exhibit "I" and entered into evidence. The Respondent claimed Section I 42-28(B) of the County's Ordinance did exempt his vehicles since they were already registered with the Department of State which has higher standards in order to qualify. He stated he has a license from the DOT allowing him to operate a vehicle-for-hire service within the State of Florida. The Special Magistrate asked the Respondent ifhe was attempting to qualify under the provision which referenced "other activities authorized by the respective license" in the Ordinance. The Investigator stated the document produced was not the license but only a registration report. 4 1 ~epLber l2CoS ?; The Special Magistrate ruled the Case would be CONTINUED. The Respondent was ordered to produce documentation from the State of Florida identifYing the activities authorized under the license by September 24, 2008, and provide it to Code Enforcement. Code Enforcement was required to provide its documentation to the Respondent by September 29, 2008. The Special Magistrate ruled the Case will be added to the Agenda for the October 3, 2008 Hearing along with Agenda Numbers 10 through 14. 10. Case # CO-00194 CEVFH 20080007574 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent, Bobby Dwight Calvert, owner, was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business Violation address: 3950 Radio Rd. as destination The Special Magistrate ruled this case would be CONTINUED until October 3, 2008. 11. Case # CO-OOI92 CEVFH 20080007320 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent, Bobby Dwight Calvert, owner, was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business Violation address: 851 Gu1fshore Blvd. N. as destination The Special Magistrate ruled this case would be CONTINUED until October 3, 2008. 12. Case # CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent, Bobby Dwight Calvert, owner, was also present. Violation(s): Code ofLaws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. 5 16' Ie 3 September 19, 2008 without a vakud PV AC issued Certificate to Operate a passenger transport business Violation address: 851 Gulfshore Blvd. N. as destination The Special Magistrate ruled this case would be CONTINUED until October 3, 2008. 13. Case # CO-00195 CEVFH 20080007692 - BCC vs. Bobbv D. Calvert. The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B) 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without first obtaining a Driver 10 issued by Code Enforcement Violation address: 851 Gulfshore Blvd. N. The Special Magistrate ruled this case would be CONTINUED until October 3, 2008. 14. Case # CO-00196 CEVFH 20080007684 - BCC vs. Neil Walmslev The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was not present. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B) 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without first obtaining a Driver ID issued by Code Enforcement Violation address: 851 Gulfshore Blvd. N. as destination The Special Magistrate ruled this case would be CONTINUED until October 3, 2008. 3. Case # SO 166488 - BCC vs. Orit Baklasko The Hearing was requested by the Respondent who was present earlier but left before the case was heard. Collier County Deputy Sheriff Fred Klinkmann was present. Violation(s): Ord. Sec. 130-67 Illegal use of handicapped plate-owner not present Violation address: 6650 Collier Blvd.,Walmart The Investigator stated the Respondent received a Citation for parking in a handicapped space using a handicapped plate which was registered to her husband. 6 161 lC3 September 19, 2008 He explained the exemption is granted to the person and not the vehicle. He stated she was going to pay the $250.00 fine at Horseshoe Drive. Marlene Stewart received an email message from the Citation office verifying payment and confirming same. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and paid afine of $250.00. 16. Case # CO-00191 CEVFH20080007386 - BCC vs. Stanislav Garai The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was also present. Violation(s): Code of Laws & Ord., Chap. 142, Sec(s). 142-33 (1), 142-37(B) Operated a vehicle for hire making a passenger pickup in Collier Co. without first obtaining a Driver ID as issued by Code Enforcement Violation address: 2231 King's Lake Blvd. The Respondent stated his current address is 4370 Lazio Way, Unit # 802, Fort Myers, Florida 33901. Sue Chapin, Secretary to the Special Magistrate, stated the address given by the respondent was not the Black Hawk Drive address on the Citation. The Respondent stated he had never resided on Black Hawk Drive The Investigator stated the incident occurred on May 9, 2008, when she observed the Respondent operating a vehicle for hire for his employer, Maximum Limousine, without the required Driver ID issued by Code Enforcement. A Citation was issued to him and also to his employer. Maximum Limousine obtained the required certifications and paid the citation. She further stated on the night of the incident, she wrote down the correct spelling of the Respondent's name but not his home address. She obtained his address from an online search engine and sent the citation to an address on Black Hawk Drive. The Respondent confirmed he applied for and obtained the Driver's ID on May 28, 2008. The Special Magistrate ruled the Respondent was found NOT GUILTY due to issues with proper service. 15. Case # CO-00182 CEVFH 20080004121- BCC vs. Tou Shelf Transuort and Limo. Inc. 7 16 I 1 C3 September 19,2008 The Hearing was requested by Collier County Code Enforcement Investigator Michaelle Crowley who was present. The Respondent was not present. Violation(s): Code of Laws & Ord., Chap. 142-5l(A) Operated or permitted the operation of a motor vehicle owned by Top Shelf Transport & Limo, Inc. as a vehicle for hire making a passenger pickup in Collier Co. without a Certificate to Operate same Violation address: 756 Grand Rapids Blvd. The Investigator stated the Citation had been sent via Certified Mail on March 26, 2008 to the Registered Agent and proof of service was confirmed by the U.S. Postal Service. She stated the Respondent did not renew the "Certificate to Operate." The Investigator requested imposition of a civil fine in the amount of $1 ,000.00, together with an administrative fee of$5.00. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of $1,000. 00, together with administrative fee of $5. 00, on or before October 19, 2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. 8. Case # PR 003475 - BCC vs. Kent Hedrick The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Kurt Araquistain was present. Violation(s): Ord. Sec. 130-66 Parking meter expired Violation address: Vanderbilt Beach The Investigator stated he observed the Respondent's vehicle parked at Vanderbilt Beach and that the parking meter had expired. He further stated the vehicle did not have a beach parking permit. The Notice of Hearing was sent via Certified Mail on September 5,2008 and delivery was verified on September 9, 2008. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of $30.00, together with administrative fee of$5.00, on or before October 19,2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before October 19,2008. 8 16 I 1 Cs September 19,2008 17. Case # CEPM 20080011071 - BCC vs. Jill Weaver & Henry Tesno The Hearing was requested by Collier County Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violation(s): Collier Co. Code Of Laws & Ord., Chapter 22, Article VI, Sec. 22-231, Sub(s). 12B, 19 & Sec. 22-243 Repeat Violation - Abandoned mobile home with graffiti and exterior damage with opening that allows access into the mobile home Violation address: 3205 Lunar St., Naples, 34112 The Investigator stated the Notice of Hearing was posted at the property and the Courthouse on September 5, 2008. He introduced five photographs which were marked as County's Exhibits "A" through "E" and entered into evidence. He also produced copies of two previous Orders issued on November 2, 2007 and May 4, 2007. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to hire an appropriately licensed Contractor to obtain a Collier County Demolition Permit, all required inspections and a Certificate of Completion, on or before September 26, 2008, or afine of $500. 00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and assess the costs to the Respondents. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.04 on or before October 19,2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 18. Case # CENA 20080001934 - BCC vs. Rvan M. Hoover The Hearing was requested by the Respondent who was not present. Collier County Code Enforcement Investigator John Cannella was present. Violation(s): Ord.2005-44 Accumulation of weeds, grass, or other non-protected overgrowth in excess of 18" Violation address: 18546 Royal Hammock Blvd. Naples, 34114 9 161 lC3 September 19,2008 The Investigator stated the property owner had requested the Hearing. The Notice of Hearing was sent via Certified Mail and regular mail on September 5, 2008. He stated the violation had been abated by the County. The Special Magistrate verified the amount ofthe "Nuisance Abatement" incurred by the County was $155.00. The Special Magistrate stated the amount assessed is $150.00. 4. Case # DAS 11651 - BCC vs. Joe PODDaceno The Hearing was requested by the Respondent who was not present. Collier County Department of Animal Services Officer Anita Martindale was not present. Violation(s): Ord. 14-36, Sec. A5 To create a sanitary nuisance Violation address: 3066 W. Crown Point Blvd., Naples, 34112 The Special Magistrate ruled the case would be CONTINUED since neither party was present. C. Emergency Cases - NONE VI. NEW BUSINESS A. Motion for Imposition of Fines: NONE VII. OLD BUSINESS A. Request to forward cases for Foreclosure I Collections: NONE VIII. CONSENT AGENDA - NONE IX. REPORTS - NONE X. NEXT MEETING DATE - October 3, 2008 at 9:00 AM at the BCC Chambers located at 3301 East Tamiami Trail. The October 17,2008 Hearing will be located at 2800 N. Horseshoe Drive in the Community Development and Environmental Services Building. 10 161 lC~ September 19,2008 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 11 :05 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING ~(\~ Special Magistrate, Brenda Garretson These Minutes were approved by th~ecial Magistrate on as presented _, or as amended . ~\e.Y"" 3 (do::R, II Collier County Public Safety Coordinating Council June 12, 2008, 2:00pm Museum Conference Room 3301 E. Tamiami Trail, Naples, Florida 16 I Ie ~ RECEIVE[l OCT 0 6 200Z Hoard of County Commissioners I. Introduction Fiala Halas Henning Coyle Coletta A. Call to Order-Chuck Rice; presiding in the absence of Commissioner Coyle B. Approval of March 6. 2008 PSCC Meeting Minutes II. Old Business A. Collier County Probation Statistics-Chuck Rice B. Brief Update from the Work Restitution Release Subcommittee- Judge Maiialich C. Brief Follow-up Regarding the "Court Innovations Fund"- Mark Middlebrook D. Update Regarding the Regional PSCC Task Force and the Motion Approved by the BCC on May 13, 2008 Re: Collaborative Grants- Commissioner Coyle III. New Business A. Drug Court and Mental Health Court Discussion-PP presentation by Robert Shatto (At the request of Mr. Shatto, this item has been removed from the agenda, with a suggestion that the PSCC consider hearing this item at a future meeting). IV. Comments/Suggestions V. Public Comment VI. Adjourn (The next PSCC is scheduled for September 18,2008 at 2pm location to be announced) 161 lei June 12,2008 MINUTES OF THE COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL MEETING Naples, Florida, June 12,2008 LET IT BE REMEMBERED, that the Collier County Public Safety Coordinating Council, in and for the County of Collier, having conducted business herein, met on this date at 2:00 PM., at the Collier County Museum Conference Room, 3301 East Tamiami Trail, in Naples, Florida, with the following members present: CHAIRMAN: Commissioner Fred Coyle (Excused) Judge Ramiro Maftalich, County Court Judge Charles Rice, Director, Collier County Probation Department Rich Montecalvo, Designee for Stephen Russell, State Attorney Mike Orlando, Designee for Kathy Smith, Collier County Public Defender Mark Middlebrook, Collier County Deputy Court Administrator Christine Holmes, Administrator Batterers Intervention Program Bonnie Fredeen, COO, David Lawrence Center ALSO PRESENT: Chief Scott Salley, Sheriffs Office Mike Sheffield, Assistant to County Manager Robert Zachary, Assistant County Attorney 16 I let June 12,2008 I. Introduction A. Call to Order Acting Chairman Charles Rice called the meeting to order at 2:06 PM. B. Approval of Minutes of March 6, 2008 PSCC Meeting Christine Holmes moved to approve the Minutes of March 6, 2008. Second by Rich Montecalvo. Carried unanimously, 7-0. II. Old Business A. Collier County Probation Statistics - Chuck Rice A document was distributed to the members outlining the statistical information utilized to assess how effectively and efficiently the Collier County Probation Department operated during Fiscal Year 2006-2007. Mr. Rice stated the Probation Department is a good value for the Collier County community. If the individuals on probation were incarcerated, the cost to the County would be in excess of $75.00 per person per day. Judge Maiialich inquired about the average case load per probation officer. Chuck Rice stated the average assignment is 140 to 150 cases which is in line with other Probation Department through the State. He stated the Probation Department is pro-active and utilizes intensive supervision with both in-office and field visits of probationers, as well as extensive drug testing. He stated the success rate for Collier's Probation Department is 61 % while the national average is 50%. Mike Sheffield introduced figures from Lee and Charlotte Counties. He stated the success rates for their Probation Departments are 43% and 49%, respectively. Budget cuts were discussed. The Probation Department's budget has not yet been approved. ~)- ;:;-..~ (Judge Manalich noted Judge~Hardt hadjoined the meeting.) B. Update from Work-Restitution Release Subcommittee Judge Maiialich stated the Subcommittee will meet again in August. He stated other jurisdictions have built facilities. While the Subcommittee is examining these models, it is not realistic to expect a facility to be constructed in Collier County unless the current economic climate changes. Scott Salley stated the framework for a modified work restitution program has been drafted by the Collier County Sheriffs Office. He stated the Sheriffs Office is in the process of determining which agencies can be involved and what can be done legally and ethically. He further stated the Department of Corrections and the Probation Department will be consulted regarding the criteria to determine how an 2 161 lC~ June 12,2008 inmate could qualify for this program. He anticipates only a small percentage will qualify. The Department's first responsibility is to keep the community at large safe. He suggested collecting the data that is available and presenting it to the Judges for their consideration when sentencing an inmate. He stated with today's technology, building a brick and mortar structure is not the only option available. C. Follow-up Regarding the "Court Innovations Fund" Mark Middlebrook stated in 2004, the responsibility for operation of the Court shifted from the State to the County. A $65.00 fee was assessed to all convictions and a portion of those funds was designated to the Court Innovations Fund. Spending from this fund was restricted. One of the four areas eligible for funding was the Chief Judge's Programs. Monies from this program were designated for the Public Guardianship Program. He stated income for this year is $400,000. below last year. He warned this fund should not be considered as a funding mechanism. He did not anticipate any funds being available for at least two years. D. Update Regarding the Regional PSCC Task Force and the Motion approved by the BCC regarding Collaborative Grants Mike Sheffield read the following statement into the record: "Item 9-H: Requestfor the Board of County Commissioners to consider joint participation of the Collier County Public Safety Coordinating Council with other Public Safety Coordinating Councils in Lee, Charlotte, Hendry and Glades Counties for the purpose of joint grant application to address public safety concerns such as jail overcrowding. " The motion was approved by the BCC. He offered a brief overview of this morning's Regional Task Force Meeting and stated officials from Lee County will be going to Oregon to view a new jail program which encompasses an innovative regional concept. He will obtain more information from Lee County and, if possible, a speaker from Lee County to make presentations at both the next Task Force Meeting and PSCC meetings. Mr. Sheffield mentioned Pamela Donelson, Circuit Administrator for the State Probation Department, had reported that six Probation Officer positions and five clerical positions were lost due to budget cuts. The State Department of Probation has a $24M deficit. Mindy Collier agreed to work with the three jail administrators from Collier, Lee and Charlotte Counties, in addition to the three Mental Health Coordinators from each County, to focus on how to work together to obtain joint grant money. 3 16\ lC1 June 12,2008 III. New Business A. Drug Court/Mental Health Court Discussion and PowerPoint Presentation This item was removed from the Agenda. Robert Shafto has asked the PSCC to consider scheduling the presentation for a future meeting. IV. Comments/Suggestions Judge Hardt asked about the booking fees assessed when an inmate is admitted to jail. He suggested booking fees could be assessed to individuals who were part of the weekend lock-down program. If an defendant was ordered to serve a 60-day weekend lock-down as part of his/her probation, that individual could be assessed a fee each time he or she went into jail. The benefit to the individual was that weekend lock-down enabled the individual to still maintain their job as opposed to serving straight jail time. Scott Salley stated the Sheriff s Office has been considering instituting such a fee and he would be able to report on the status of the proposal at a later date. Mike Sheffield asked if he should put the issue on the Agenda for the September PSCC meeting. There was a discussion concerning sentencing: "a year and a day" means the inmate will be remanded to the Department of Corrections while a sentence of a year or less means the inmate will be incarcerated in the COlmty jail. Also discussed was the week-end work program which is perceived by inmates to be more punitive than straight jail time. Scott Salley asked about re-activating the Mental Health Subcommittee. He stated mental health problems are growing and the jail is not equipped to handle inmates with these issues. V. Public Comment Mary Andrews, Mental Health Association, stated her organization would participate as a member of the Subcommittee. She also stated having the Subcommittee under the auspices of the Public Safety Coordinating Committee would give credence to the Subcommittee. She stated she participated in Miami-Dade County's Mental Health Commission under the direction of Judge Liefman. A report was issued which stated improving mental health services creates a continuum of care for inmates with the goal of reducing recidivism. There was discussion about Mental Health Court and what it could do to obtain services for inmates beyond the Jail's ability to dispense medication. Bonnie Fredeen also advocated oversight by the Public Safety Coordinating Council. Concerns were expressed regarding Sunshine Law issues and the problems experienced by the previous Subcommittee. Creating of an ad-hoc committee, to be chaired by a Judge, was suggested as an alternative to avoid conflict with the Sunshine Laws. 4 161 1Gt June 12,2008 Kathy Ray stated there is a coalition is being formed in Collier County on mental illness. She further stated representatives from the Sheriff's Office as well as a representative of Judge Monaco, or the Mental Health Court, will be invited to attend and participate. One of the goals will be to determine how the local Mental Health Community can volunteer to assist the Court and the Sheriff s Office. Christine Holmes suggested this subject merited further discussion. The consensus of the Committee was to add this topic to the Agenda for the next PSCC Meeting. Mary Andrews stated Judge Liefman started a State organization "Partners in Crisis" which specifically addresses local mental health needs. Chapters in other Counties are usually chaired by Sheriff's Office. She volunteered to email information concerning this organization to the members of the Council. She stated the group has strong support in Tallahassee. The next meeting of the Collier County Public Safety Coordinating Council will be held on September 18, 2008 at 2:00 PM. The location will be announced at a later date. There being no further business for the good of the County, the meeting was adjourned by order of the Acting Chair at 3:15 PM. COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL Charles These Minutes approved by the Board/Committee on as presented or as amended ~ '7 ~ ? /.:, '( 5 Fiala Halas Henning Coyle Coletta Interlocal Service Boundary Agreement - County Attorney Office Conference Room, Eighth Floor, W. Harmon Turner Building, Building F, Collier County Government Center July 14,2008 RECEIVED 2:00 p.m. SEP 3 0 2008 p,W 16 I IGs July 14,2008 Beard of County CommiSSioners Proposed annexation by the City of Naples of a 22-acre parcel on the south side of Golden Gate Parkway, east of Goodlette-Frank Road and west of the Gordon River known as the Senior Care Development site, pursuant to chapter 171, Florida Statutes. PRESENT: Jim Mudd, County Manager Leo Ochs, Assistant County Manager Mike Sheffield, County Manager's Office Jeff Klatzkow, County Attorney Tom Wides, Public Utilities Norman Feder, Transportation Administrator Marla Ramsey, Parks and Recreation Jodi Walters, Solid Waste Laura Donaldson, ENFD (via speakerphone) Angela S. Davis, ENFD Douglas E. Dyer, ENFD Rob Potteiger, ENFD Suzanne V. Dorr, Public Jenna Buzzacco, Naples Daily News Mise Corre . Date {'D ;)$ Page 1 !tem#Llb T CoJpes to 161 }P.S July 1 , trJ08 MR. MUDD: Okay. We're going to go down, and we're going to go around this room real quick to just let you know who else is here at the table, okay. And we'll start with you, Mike. MR. SHEFFIELD: Hey, Laura, Mike Sheffield. MR. KLATZKOW: Jeff Klatzkow. MS. DAVIS: Hi, Laurie. Angie Davis. MS. DONALDSON: Hey, Commissioner. MS. DAVIS: Hi. CHIEF POTTEIGER: Rob Potteiger. MS. WALTERS: Jodi Walters. CHIEF DYER: Doug Dyer. MR. WIDES: Tom Wides for the public utilities. MR. OCHS: Hi, Laura. It's Leo Ochs. MS. DONALDSON: Hi, Leo. MR. MUDD: Jim Mudd. MR. FEDER: Norman Feder, transportation. MR. MUDD: And we have one person from the public here with us, and state your name. MRS. DORR: Suzanne DOff. MR. MUDD: And that's Ms. DOff. MRS. DORR: Mrs. MS. BUZZACCO: Oh, I'm Jenna Buzzacco, Naples Daily News. MR. MUDD: Okay. MS. DONALDSON: Okay. And I apologize for not being there. I'm actually at a convention in St. Louis right now, although I will be down in Naples on Wednesday. MR. KLA TZKOW: Who goes to St. Louis for a convention? MS. DONALDSON: There's about a thousand women in this hotel. MR.OCHS: How many shares of Anheuser Busch do you have? MS. DONALDSON: Not a one. Page 2 19u1~ 14~~O~ MR. MUDD: Well, you do me a favor, while you're there and you have nothing else to do in that hotel room, grab the phone book and turn to the Mudd section and you count how many Mudds are in that phone book, okay. You'll find out that I have lots and lots of relatives in St. Louis, and if I ever go back, I can never get away without spending at least two weeks and seeing them all. MS. DONALDSON: Well, you know, they've got us in meetings from 8:30 in the morning till 10:00 at night, so 1 don't have a lot of free time. MR. OCHS: Marla, you want to identify yourself. Laura's on the phone. MS. RAMSEY: Marla Ramsey, public services administrator. MR. OCHS: Thank you. MS. DONALDSON: Okay. MR. MUDD: Okay. Let's go through a timeline real quick and we'll start this meeting. We've got our court reporter here. On March 4, 2008, I received a letter from City Manager Bill Moss informing me that the city will be considering the annexation of a 22-acre parcel on the south side of Golden Gate Parkway east of Goodlette-Frank Road and west of the Gordon River known as the senior care development site. On March 19, 2008, city council approves moving forward with the annexation. March 26, 2008, Collier County Board of County Commissioners adopted a resolution, 2008-78. This is the county's initiating resolution to commence the process of negotiating an Interlocal Service Boundary Agreement for the senior care site proposed to be annexed into the City of Naples. On March 35th (sic), 2008, copies of the initiating resolution are sent by U.S. Certified Mail to the City of Naples and the East Naples Fire Control and Rescue District. On May 15th and May 23rd, the City of Naples sends letters via Page 3 16 i Ie 5 July 14, 2008 Certified Mail to Collier County indicating the City of Naples council has adopted responding resolution 08-12027 declining Collier County's request to negotiate an interlocal service boundary agreement. May 30, 2008, the East Naples Fire Control and Rescue District sends a letter via U.S. Certified Mail to Collier County indicating that the Board of County -- of Fire Commissioners has adopted responding resolution 2008-04 to participate in negotiations for an interlocal service boundary agreement. June 3, 2008, Collier County manager sends a letter to City Manager Bill Moss informing him of the date and time, location, of the first meeting in the process of good-faith negotiations for an interlocal service boundary agreement further expressing hope that the city will send a representative to the meeting. Representatives from the East Naples Fire Control and Rescue District were also notified of the meeting, date, time, location, via em ail sent from Mr. Mike Sheffield. July 7, 2008, a public meeting notice was processed announcing that an interlocal service boundary agreement negotiating meeting has been scheduled for July 14,2008, at 2:00 p.m. in the County Attorney's Office, in which we are right now in the process of having. July 8, 2008, a copy of the public meeting notice was sent via U.S. mail to City Manager Bill Moss. July 10,2008, a PDF copy of the public notice was emailed to City Manager Bill Moss. My conversations with Bill Moss is, since that time, they will not be coming to this meeting but they're very interested in receiving a copy of the minutes from such. Okay. We've gotthe resolution of2008-78 and we do __ and r want to go to page 2, and it basically talks about the county's designated issues for negotiation of any and all issues concerning service delivery, fiscal responsibilities, or boundary adjustments; and our interlocal service boundary agreement issues may include, but Page 4 16 ~ Ie s July 14, 2008 need not be limited to the following: Identifying a municipal services area; two, identifying an unincorporated services area; identifying the local government responsible for delivering or funding the following services within the municipal services area or the unincorporated services area, including: Public safety; two, fire emergency rescue and medical; water and wastewater; four, road ownership, construction and maintenance; five, conservation parks and recreation; six, storm water management and drainage; and seven, garbage trash collection and recycling. And so let's start, if you would, and let's start trying to identify those particular issues for that -- in that regard, and then we can start bringing it together so we can start shortening the process, so to speak. Jeff, am I missing something? MR. KLATZKOW: Not so far, sir. MR. MUDD: Okay. So let's talk about public safety first, since it's the first one on here. CHIEF POTTEIGER: Do you know why he -- the county or city manager didn't want to partake in this, or is this just formalities and -- MR. MUDD: No. They -- the council basically did a resolution declining their participation in the interlocal, okay, and I believe he's just following what they've basically voted on. CHIEF POTTEIGER: Okay. MR. SHEFFIELD: Please state your name when you speak. CHIEF POTTEIGER: It was Rob Potteiger, East Naples Fire. MR. MUDD: Okay. So we're talking about public -- we're talking about public safety and the particular issue, and right now this particular area is in the East Naples service area. MS. DONALDSON: This is Laura Donaldson. I would just say I'd like to used the language that we used in the Hole in the Wall annexation interlocal agreement, which is the East Naples Fire Control District remains the service provider until such time that the City of Naples and we negotiate a separate agreement. Page 5 16 j Ie 6 July 14,2008 MR. MUDD: Well, that made it pretty easy. Well said. CHIEF DYER: I couldn't have said it better myself. MR. MUDD: Anything different? MS. DONALDSON: And that would also include not just original provisional fire services, but we'd be doing the inspections. I mean, it's the whole gamut. We continue providing services. MR. KLA TZKOW: All right, Laura, Jeff. So you want it word for word the same? MS. DONALDSON : Yeah. I don't -- I mean, I think it's important because they're going to be building a huge nursing home, assisted living facility, and the fire district needs to be intimately involved in it because we'll be the ones serving the development. CHIEF POTTEIGER: Rob Potteiger. Laura, on the impact to that, when you're saying it's the same as the Hole in the Wall, everything would be -- the impact fees we'd get for a certain amount of years and the ad valorem. MS. DONALDSON: Basically keep -- our boundaries would not change at all until a separate agreement is entered into with the City of Naples. CHIEF POTTEIGER: Okay. MS. DONALDSON: So we receive ad valorem taxes, we receive impact fees, we receive inspection fees. CHIEF POTTEIGER: Good. MS. DONALDSON: It's basically -- the property will be located both within the fire district and the City of Naples and our rules and regulations and financing structure will continue to apply. CHIEF POTTEIGER: Great. MR. MUDD: Okay. We're going to get into access into this particular development a little later in this issue, and that has a direct bearing on how we provide fire and emergency service. Now, emergency medical service, emergency rescue, EMS, is countywide, so it stays the same, and there's no difference on how it Page 6 16 I lC 5 July 14,2008 provides city, municipal, incorporated or unincorporated. And from the medical side of the house, I'm assuming that this facility, when its -- based on what its name is, will have some kind of in-house nursing and/or medical clinic or whatever that's part of the particular issue, but I can't -- I can't say that for certain. But outside of those particular issues, that's all I pretty much have on the public -- well, and then you have the issue of this development having Naples police and you still have county sheriff that's out there, and the delineation of lines would be between the sheriff and the City of Naples Police Department. So that's probably to be determined to see how they want to patrol it, times of patrol, if they're going to patrol it at all. So you know how that gets handed off. MR. KLATZKOW: Sheriffs not here. MR. MUDD: I know. CHIEF POTTEIGER: Rob Potteiger, again. Horseshoe Drive has worked out real good with the police patrol and the fire department. We never changed anything. They still come in for inspections, of course, because they're going to be their buildings. But other than that, it's worked out flawlessly. MR. MUDD: Okay. Now, if we're done with public safety, fire, emergency rescue, and medical, I'd like to go to water and wastewater. MR. WIDES: Okay. This is Tom Wides from public utilities. First off on water, this is not -- this area's not located in the Collier County water/sewer district. Wastewater, likewise, is -- it's not within our district nor is it within our irrigation quality water system district. So all our expectation would be, this would be serviced by the City of Naples unless they wanted to create some kind of interlocal agreement and run lines. MR. MUDD: Okay. That brings us to the road ownership, construction and maintenance. Norman -- Page 7 16 I IG5 July 14, 2008 MR. FEDER: For the record, Norman Feder, the Transportation Administrator. Just a few things very quickly. We did get a copy of a transportation impact statement that was provided by James Banks for the bridges at Gordon River, which is also known and on the mapping as being the senior care development. In that they've utilized a modified residential land use configuration that allows them, once it's modified by a significant reduction, to be less volume accumulated or accounted for than your normal continuing care facility. So the TIS is based on a reduction in demand based on using a modified residential rather than using the community care facility as the trip generation factor. Also in their report, although they note it in the cover letter, they've totally relied upon the access at Golden Gate Parkway. In their cover letter on the traffic impact statement, they acknowledge that they will not have a left-out, although also Grady Minor Associates' site plans, at least that we have, show the prospects of a left-out onto Golden Gate Parkway, which is not going to occur. There is not going to be a full median opening where they're showing their entrance on Golden Gate Parkway, and so the traffic impact statement at least acknowledges that, calls for a left-in, although the volume is questionable whether it warrants it. Also they've noted in the traffic impact statement that they do have some interest in looking at an access from the rear of their property over to and at the Fleischmann signal through -- or paralleling Goodlette-Frank Road from the Fleischmann signal and then coming along an easement that exists, a 60- foot easement, running east and west to the back of their property in between them and the zoo and the property owned by the county. Our concern is a couple of things there, is first of all the design concept they have, they're assuming a hundred foot cross-section Page 8 16 I Ie s July 14,2008 utilizing more than that 60 feet that's in the easement. They need to be using only the 60 feet in the easement, and they can't use some of it for their buffer requirements. They need to stay in the 60-foot for the road, for the swale, for the 10- foot pathway as well as for the clear zones, and that should fit into the 60 feet. They are concerned that any access over to Goodlette-Frank on that 60-foot easement, particularly the western portion, will be reserved solely for pedestrians given the road that we've been talking about, the concept of coming up parallel on Goodlette-Frank Road. Where that then turns to the east on the easement will be the termination of any vehicular traffic so that we don't have any vehicle traffic trying to come out in the two northbound right turn lanes onto Golden Gate Parkway off of Goodlette-Frank. Access that they show at least initially at what was the old Lucky Lane, they're showing a right-in, right-out with the access management standards for basically your separation of driveways. We wouldn't meet that space standard. Also you're on a curve. Particularly the out would be of concern. So we're of a mind right now that that would need to be closed off and not utilized as an access point. We're waiting on their resubmittal of the traffic impact statement, as I noted. We'd want to see what it would be on an extended care, continuing care facility as opposed to a reduced residential trip generation, and we need to see that they're utilizing and that they're committing to the development of this road that's been in the concept for quite some time and their provision to pay for the construction of that road, both the design and then the permitting and then the construction of it to connect up to Fleischmann. So that's our major concerns right now. We need to make sure that its annexation doesn't become a vehicle for not attending to the agreements that have been developed over time to service all of the users in this area with good access to a signalized intersection. Page 9 161 lC0 July 14, 2008 MR. MUDD: Okay. Now, let's make sure you got it all, and that we've got this thing down because this has a big safety issue as far as how do you get in and how do you get out of this particular potential development. What Norman has just described to you is a right-in and a right-out of this development on Golden Gate Parkway with them asking -- they would like to have a full median cut there but the -- it basically sits in the left lane turns, okay, as they're going to the light, so that doesn't make a whole lot of sense of where you put that in, and it causes major concerns that somebody's got to cross three lanes of traffic as they do that. And oh, by the way, when you come from Goodlette -- when you come from Goodlette-Frank and you go into that intersection, you've got two right-hand turn lanes, and in some cases they become free flowing. So that doesn't make a whole lot of sense for somebody to make a left-hand turn in Golden Gate Parkway and come in, it's unlit. Then you take a look at their parcel boundary at the bottom, okay, and you can draw a right-of-way access all the way to Goodlette-Frank Road, okay, but that right-in, right-out would be in the two lanes making a right-hand turn. So that doesn't make real good sense, especially if they call this a -- let's make sure I've got the name of this thing one more time -- a senior care development. I can't wait to see this for folks trying to get out there and then scoot over to the left-hand turn lane on Goodlette-Frank so go through the two right-hand turn lanes, zip through two or three ongoing in order to get over to the left side if and when that ever transpires. CHIEF POTTEIGER: Let me know and I'll bring you some pictures of what the Moorings used to look like when they tried to go over two lanes of traffic. Remember that? MR. MUDD: Okay. So Ijust let you know that we're basically talking about, if they want to make a left-hand turn out of that development, they're basically going across five lanes of traffic to go Page 10 16 1 IGs July 14, 2008 get into the left-hand turn. CHIEF POTTEIGER: At two-and-a-halfmiles an hour. MR. MUDD: At probably one of the worst intersections we have in Collier County. MR. FEDER: And only in about 50 feet to 100 feet. MR. MUDD: And when this process of buying this property or properties was executed with the Trust for Public Lands way back when and when the price tag was $68 million and the county could only afford the 40 and we went after the zoo property and that area on the other side of the Gordon River that had some conservation benefit to it and the present owner of this 22 acres bought that parcel plus that property that's a triangle piece that's just south of Bear's Paw that I basically call the Horn of Africa, because that's what it looks like, when the deal was made, they would have a 60-foot easement and they would -- and they would build a road that would go directly north from that triangle part on the boundary of Bear's Paw separation to get to Goodlette -- to get to, excuse me, Golden Gate Parkway. The other part, the southern part entrance, we talked to them about this being a bit of lunacy at this particular juncture, and let's come up with a way that we can get you out of the back of your development and through a parallel road to Goodlette-Frank to bring you out to the lighted intersection on Goodlette-Frank that the zoo uses, and that's where Norman was talking about the 60-foot. For some strange reason, you know, when -- most of that discussion in this particular development has been lost or it's become clouded by different desires in the process. I will tell you that that's the only way they're going to get to a signalized intersection from Goodlette-Frank Road and to be able to make a right-out, a left-out or a right-in that's got any signal to it, and it's the safest way that we can possibly get to. Now, we've even gone through this alignment of road paralleling Goodlette-Frank with our renters, the Tetzlaffs. We've gone through Page 11 16 I Ie:; July 14, 2008 this when we purchased the property to make sure that everybody was okay with it, they could live with it. We went through it with the Board of County Commissioners hearings on the -- if I pronounce it wrong, you kick me, okay -- the Nehrling, Nehrling preserve area, okay, historical gardens that they've got in order to make sure that we minimize any kind of takings or destruction, and there are some historical sheds and things that were there at the turn of the century that folks wanted to preserve and would actually move it to a better location. So we've gone through all of that particular detail with this board at the time of purchase during the historical discussions with the Nehrling Gardens on the zoo property with the zoo owners, and we are here where we are today. And now there is a different option that's being presented by the attorney for this particular development to the zoo renters. The problem is the zoo renters don't make agreements. And -- CHIEF POTTEIGER: They could care less. MR. MUDD: Well, I believe there's a move afoot to get the zoo board in favor of this process to put the Board of County Commissioners in a very precarious situation as far as the decision is concerned. I'm just telling you how it's -- what's playing in my mind, okay. But Norman is right, it's always been 60-foot right-of-way in order to minimize the impact upon those historical gardens and to give those folks a safe in and out in order to do that, because you're going right through the zoo property. Go ahead, Jeff. MR. KLA TZKOW: As part of this agreement, do you want to bar egress onto Golden Gate? MR. FEDER: On Golden Gate Parkway, we've agreed at their main entrance to establish a right-in, right-out. We will continue based on the numbers to look at whether or not a left-in is necessary Page 12 16 JIGs July 14, 2008 and would be allowed off Golden Gate Parkway. But there is definitely no full median opening, no signalization, and no left-out at that main entrance. MR. KLATZKOW: And do you want to make that part of this agreement? MR. FEDER: Yes. I also want to make part of the agreement the fact that we are not looking at a right-in, right-out as a proposed under concept right now on what would be the most western part of their property abutting Golden Gate Parkway or approximately at what is now known as Lucky Lane, that we do not want an access point there because, one, it doesn't meet our access standards, and two, we're on a curb situation. MR. KLA TZKOW: And do you want that to be part of the agreement? MR. FEDER: Yes, I do. Three, I want their commitment to building -- both designing, permitting, and building the access that would bring, from the Fleischmann signal today, as the concepts have been developed, paralleling Goodlette-Frank Road and accessing just to the east of the current Goodlette-Frank right-of-way, that 60-foot east/west easement to the south of their property and building that over to their entranceway and eventually over to Marla's area for the kayak area. MR. KLATZKOW: You want that part of the agreement? MR. FEDER: Yes. Additionally, I think they need to make sure that they are evaluating their impacts based on a proper trip generation, not necessarily a modified residential when, in fact, you do have a residential continuing care facility, excuse me, category, a land use category, for trip generation. Their site plan right now shows no use of this roadway that would connect to Fleischmann, although the cover letter did acknowledge that they're going to look at this issue now, and we need them to look at that in their trip generation in the traffic impact Page 13 16 I 1 GS July 14, 2008 statement. MR. KLATZKOW: Do you want to require access onto Fleischmann? MR. FEDER: Yes, I want to require they develop that road to get access to a signalized intersection. The only one that would be available to them is the one on Goodlette-Frank Road at Fleischmann, across from Fleischmann today. MR. KLA TZKOW: And once that's constructed, do they still get the right-in, right-out on Golden Gate Parkway? MR. FEDER: They still get the right-in, right-out, potential for a left-in at their Golden Gate Parkway entrance. CHIEF POTTEIGER: Do they have a site plan now? MR. FEDER: There is a site plan that we have, and that's what I'm relating to. It's the latest that we've seen for this facility, and it seems to be the one that was utilized in their initial evaluation for the traffic impact statement. MR. KLATZKOW: And this went to the Planning Commission and the Board of County Commissioners fairly recently, didn't it? MR. FEDER: That's correct. MR. KLATZKOW: And there were certain commitments made to the county? MR. FEDER: We believe that there were. And in particular I want to site also, besides the items that we just went over, that they stay within that 60-foot right-of-way on the east/west roadway. We have a concept drawing from them that would utilize a hundred feet and would move the road down to the southern portion of that 60 feet or move it away from their property to establish a buffer area. We're noting that they need to stay within the existing 60 feet and that will take -- be taken up with no buffer areas but rather with the roadway, the swale, the 10-foot multi-use path on the south side of the roadway and -- MR. KLA TZKOW: Mr. Mudd, do you want to make it a Page 14 16 I IGi? July 14, 2008 condition of this agreement that the developer must abide by all commitments made to the county both before the Planning Commission and Board of County Commissioners? MR. MUDD: Absolutely. Norman, you're going to have to do some of this with some sketch work, okay. So you're going to -- you know, this part of the agreement's going to have some attachments, okay -- MR. FEDER: Yes. MR. MUDD: -- that were previously agreed to and things like that. So we carried what was agreed to in previous meetings with the board on this particular parcel and we capture them within this interlocal agreement. MR. FEDER: And the only thing I'd add to that, I believe all of these have pretty well been discussed as part of those prior agreements, but they may also reflect a further refinement than what I'm presenting to you as we've gone further along the process, seen some of the concept plans. MR. KLATZKOW: This issue's been negotiated to death. MR. FEDER: Yes. MR. MUDD: Yes. And I will tell you, even to the point where I was shown some development plans last week where they're going to -- upon their eastern boundary of this development, are going to provide a boardwalk, okay, that runs all the way down that interconnects, okay, to Marla's kayak pond site because at that particular point in time, we plan, on the park side -- and we'll get to that -- plan to have a bridge that will go across the Gordon River, a walkway, and then get you into the bike lanes and bike paths and that 60-acre parcel that Marla's got right now along with the Conservation Collier, and it will ultimately hook up with the pathway around the airport and hook into the city proper from the Pulling property. CHIEF POTTEIGER: Oh, that's going to be beautiful. MR. MUDD: Go ahead, Norm. It's still on your side. Page 15 16 I lC~ July 14, 2008 MR. FEDER: Norman Feder, again, for the record. What I would add to what Jim just said is that pedestrian easement access along their eastern edge, we'd be very supportive of that. If they're unable to get permitting though, we want to make sure they provide for pedestrian access from what's being developed on the balance of the property to get them up to the sidewalk on Golden Gate Parkway, on the south side of Golden Gate Parkway, so that they can then go down that sidewalk to the Goodlette-Frank intersection and cross over to reach the water areas in the Freedom Park. MR. KLATZKOW: Who's they? MR. FEDER: The developer is planning on a boardwalk structure on the east side from their concept plans. We would say that that would be good if they can get it permitted. If not, we still want to make sure they provide pedestrian access to the north connecting up to the sidewalk in Golden Gate Parkway, on the south side of Golden Gate parkway. MR. KLATZKOW: And would this be public access? MR. FEDER: Yes. MR. KLATZKOW: And you want to make that a condition of this agreement? MR. FEDER: Yes, I do. MR. MUDD: On the north side -- and the south side, if they can't get it, they could still go through their development at the rear entrance and work down that 60-foot right-of-way with the -- some kind of a sidewalk pathway and then get to the bridge from the south end in order to give their residents the ability to get out there and experience this walkway that we've got planned and has been ongoing in the City of Naples and the county for the last decade. It's just starting to come to fruition, so it's -- MR. FEDER: And that leads right into -- I had seven items I went through in the initial. The last of those is the fact, on that 60-foot east/west that they need to stay within, which includes a 10-foot Page 16 16 I 1 C5 July 14, 2008 pathway on the south side of it, that roadway stops as you start coming down paralleling Goodlette-Frank to connect up to Fleischmann. The remainder of that 60-foot is not vehicular. It would only be for pedestrian access over to the sidewalks on Goodlette-Frank and up to Golden Gate and across through the intersection. MS. RAMSEY: That's where the -- where you -- right now it looks like a northwest section right in here. MR. MUDD: Yeah, I got it. MS. RAMSEY: Right in here. Just so that they can come in and hook up there rather than having to come all the way down and go back up. MR. FEDER: And we'll get this graphically shown on the material that we have. MR. KLATZKOW: That will be a part of the agreement. MS. RAMSEY: It's just a few feet, yeah. This is an interconnect from the sidewalk. MR. MUDD: Okay. Now, you from the fire side of the house need to pay particular attention to these footprints, this alignment, so that your equipment can get where it needs to go from one place to the other, and you need to tell us -- CHIEF POTTEIGER: That's where we're making a lot of notes on it, because there's no way we can get an engine in half these places without some rather creative ways. But with Laura, I'm sure we'll have everyone tied down. MR. MUDD: Okay. So I want to make sure that you're on board on that one. Is that it, Norman, on your side? MR. FEDER: That's it on my side. MR. MUDD: Okay. And I'm going to go to conservation, parks and recreation. And, Marla, I believe you're going to hit that. MS. RAMSEY: Yeah. Well, most of what I had that I needed from the developer is what Norman's already talked about, pedestrian access, interconnect. Page 17 16 I 1 GtS July 14,2008 We had -- up until Senior Care came on, the development conversations that we had, was to take that road all the way down to our parking lot. The schematic that we have currently shows it already coming to their west property line. That's quite a distance yet from the end of where the parking lot is. So there's a little bit of a disconnect there now or discord there. So whatever it is, it is. If we have to pick it up as a driveway from then on, I guess that's what we have to do. But right now it does end at the west border. CHIEF POTTEIGER: How long will they keep that natural; do you know? MS. RAMSEY: How long will we keep that natural? CHIEF POTTEIGER: I mean, how long-- MS. RAMSEY: Two years. CHIEF POTTEIGER: Two years is-- MS. RAMSEY: We figure in two years we'll be ready because we're in design plans now and we're working on permitting, so it's about 18 months. MR. FEDER: Marla, my-- MR. MUDD: What I would have a conversation with -- because, Jeff, if you look at -- if you look at where this property is coming in, and then if you take a look at where it's now coming in and where their boardwalk is coming down to, this is the river, and the bridge that Marla's got with the parking lot and the kayak launch is right in here. So this million-dollar boardwalk, or whatever it's going to cost, okay, with the permitting over the wetlands -- and it's all going to be aboveground -- MS. RAMSEY: Yep. MR. MUDD: -- is going into something on this map, and it's basically the area that hooks into the bridge so that there's a parking area, but yet his commitment is stopping right here. In the conversations we had when we were purchasing the property with the Trust for Public Lands and the owner of the property Page 18 161 leG July 14,2008 at the time, we talked about that road going all the way down to where it butts into Gordon River and that parking garage. And so I would tell you, that's a negotiating issue that needs to transpire and it gets into previous board conversations and what was promised in trying to get that into the agreement, and if we can't find it on the log someplace in the minutes that we've had from those meetings, then we need to basically state an interest in that particular alignment. MS. RAMSEY: Yeah. One of the things that we were looking at is at least the permitting and continuing that design since we're starting it rather than starting it at their west property line is keep the design and permitting going so that that's all continuous; otherwise, it's stop, then we pick it up, and then that permitting becomes, you know, a little bit strange in the long run. Other than the road, the one other thing that we have talked to a developer about is a desire to maybe share a lift station to help with sewer for both the zoo, the park, and this complex. So I'm not sure what that entails yet because that was just a conversation that I had last Friday with them. But there seemed to be interest on their part at least to share. Whether it goes in this agreement or not, I don't know, but there might be an opportunity there to cost share a lift station, but I don't know the size, the cost or anything, so -- MR. MUDD: Okay. You do have a parking section that's south of Golden Gate Parkway that goes down farther, okay, where I call the Horn of Africa piece that he owns. You have a parking space. His road goes in, and you have rest room facilities down there for bikers and the people that would use that particular path. MS. RAMSEY: And there will be a rest room facility at the terminus of this particular road where we're talking about kayak and canoe, one there, and then there's also one south of the zoo. I've got another rest room at that location which has a trailhead parking area in combination with the zoo itself. So we've got a lot of partners Page 19 161 lC6 July 14,2008 working this project. MR. MUDD: Okay. So she's working three bridges. So if you just figured it out real quick, there's one by the kayak site that's at the base of this guy's property, there's another one that's down using zoo property and shared and a walkway access area that goes in there, and there's a bridge over, and then there's another bridge that's further down that hooks into the Conservation Collier property, and that hooks into the airport bike -- CHIEF POTTEIGER: Rob Potteiger. They've also, between our fire -- the county fire code and our fire district in the city, we've had a similar project with the Hamilton Harbor. And believe me, they've got some really effective things going on there for protection and everything else. So I'm sure this will be similar with the three entities working at it. So I'd just appreciate, you know, giving us the time to get into it. MR. MUDD: Okay. That brings us to stormwater management and drainage. That's you, Norman? MR. FEDER: Yes. We're working a lot of issues of that through the overall development of the site. They need to address all of their stormwater on site, and that would be our concern, just that they not add to some of the issues. From their concepts looks like they have quite a few lakes and stormwater treatment. Bottom line would be, they need to treat, obviously, the 25-year, three-day event on site and show how they're going to release it and let us see that information. MR. MUDD: Okay. Now, irrigation water, anything like that, the City's putting an ASR well north of the property and Freedom Memorial. And, Tom, you're doing ASR wells down in that 60 acres, correct? MR. WIDES: That is correct. MR. MUDD: Okay. So there is some opportunity for reuse water to be used for irrigation. So that's all a good thing. Page 20 16 j lCS July 14, 2008 All right. Is that it on stormwater, Norm? MR. FEDER: Yes. MR. MUDD: Okay. So you're looking to make sure that they've got on-site storage. MR. FEDER: Sufficient to handle their runoff. And like I said, maintain our level of service standard. MR. MUDD: Okay. Because again they're at the headwaters of the Gordon River. Not having the stormwater treatment on site causes an issue. And it's already a bad area. It's been a bad area for decades; therefore, the county's purchase of the 50 acres for the Freedom Park, which is -- we're going to do a freedom park and a walkway, but what it is is a great big huge Stormwater Project, okay, but don't tell anybody, all right? But that's what it is. MR. FEDER: It looks too nice to be that. MR. MUDD: But we're going to work all those things together to make it look nice, okay, and a nice part of an inner-city -- CHIEF POTTEIGER: Whatever it takes. MR. MUDD: You got it. But we're going to have to do the same thing with new developments that are basically coming into that particular area because we do have an issue when you look at the Goodlette-Frank corridor coming from Pine Ridge down and everything that's on either side of that road. We don't have a lot of cleansing going on with the storm water before it gets into the Gordon River. The -- for instance, the Freedom Park only represented 10 percent of what we needed land mass-wise in order to treat the stormwater. We're still out there looking for the other 90 percent solution, part of which is that land on the other side of the zoo that we're going to use in order to clean up the headwaters just a tad in order to get stuff done. So not bad things, but stuff that needs to get done. Let's talk about -- and if we're done with stormwater, let's go into Page 21 16 I 1 C6 July 14, 2008 garbage and trash collection and recycling. MR. WIDES: Okay. Tom Wides, public utilities. Once again, on solid waste services, that area is being serviced by -- under the District 1 contract with Waste Management through the county, and quoting the Florida Statutes, 171.062, a party that has an exclusive franchise, which in this case would be Waste Management, which was in effect for at least six months prior to the initiation of an annexation to provide solid waste services in an unincorporated area may continue to provide such services to an annexed area for five years or the remainder of the franchise term, whichever is shorter. And, basically, we would expect no cost impact to be incurred to the public utilities division under this arrangement for that five-year period. MR. MUDD: And we've got it standard in the other language. Okay. Recycling side of the house. MS. WALTERS: It's the same. MR. MUDD: It's the same. MR. WIDES: Same. MR. MUDD: Now, the city has adopted -- well, this would be a commercial property per se on the recycling side. MR. WIDES: That's correct. MS. WALTERS: And it will come under their ordinance. MR. MUDD: Okay. And the city's ordinance is pretty much like ours? MS. WALTERS: Yes, it is. MR. MUDD: Okay. So they need to fall under our ordinance or the city ordinance, whichever is in effect at the time. Okay. What issues have we left on the table that we haven't brought forward? Leo? MR. OCHS: No, sir. MR. MUDD: Tom? MR. WIDES: The only thing I can think of, Jim, is, again, on the Page 22 16 I Ie 5 July 14, 2008 solid waste. I'm sure when the Site Development Plan is submitted we'll align for any utilizations for access for the garbage trucks, et cetera. That will be pretty standard though. MR. MUDD: Chief? CHIEF DYER: Same thing, fire access. MR. MUDD: You've got to watch those alignments and make sure that there's no curves too sharp, you know, there's no median with so many trees you can't get a hook and ladder in. We've got to talk about a building that's going to be multi-floor, okay, and when you say hook and ladder, I'm not kidding. Yeah. And I have to say, I'm a little concerned -- this is Laura Donaldson -- that, you know, the city's position thus far has been that the interlocal service boundary CHICK (sic) section will not apply and we go under the 171.093, which is that four-year transition period, that even if under that scenario the city's going to be permitting the development, that our fire trucks cannot serve, and that is a huge concern because people are going to be moving into this community who are older and they're going to assume that they're going to have proper fire protection, and it's going to be pretty shocking when they find out that we can't get a fire truck down to protect them. CHIEF POTTEIGER: My concern's not only that -- Rob Potteiger -- Laura, but it looks to me like there's a whole bunch of parking in there, and how are we going to get them out to get in? But I guess that would be Norm's problem with getting them out of there. MR. MUDD: Okay. But there is an issue here, and it's one that's high on everybody's mind, and we'll -- and we'll try to get those ones done, but -- okay. MS. WALTERS: I'm good. MR. MUDD: Chief, you're good? CHIEF POTTEIGER: Good. MR. MUDD: Good? MS. DAVIS: Good. Page 23 161 lC5 July 14,2008 MR. MUDD: Jeff? MR. KLA TZKOW: Nothing? MR. MUDD: Mike? MR. SHEFFIELD: Nothing. MR. MUDD: How's your fingers? Norman's not talking so you can rest. Norman, anything? MR. FEDER: (Shakes head.) MR. MUDD: Okay. All right. You pretty -- I'm going to -- just a second. Do you have everything you need to draft up an agreement, Jeff? MR. KLATZKOW: Yeah. Your staff will assist, we'll be fine. MR. MUDD: Okay. Absolutely. MR. KLATZKOW: We'll get the minutes back in about how long? THE COURT REPORTER: Two weeks is normal, but I can get them sooner. MR. KLATZKOW: Two weeks is fine. MR. MUDD: So let's -- what I need everybody here to do, once we get the minutes, get your issues down on a piece of paper, get with the county attorney and let's try to have a draft agreement, let's say, in 30 days from now, from today. So, Mike, if you would get with Jeff Klatzkow, the County Attorney's Office, and let's get a day that would be convenient for everyone in order to meet again, and we'll meet back up here, if that's all right with everybody. Is it okay for everybody to get here? CHIEF POTTEIGER: Does that look good for you, Laura? MS. DONALDSON: Yeah, that's great. What I was thinking, Chief, is since I'm going to be meeting with you on Friday, we can go over the road issue as it relates to us providing service, and I can draft something up on that next week. And Jeff, as I mentioned earlier, you used language from the Page 24 16 l 1 C<6 July 14, 2008 Hole in the Wall agreement. That at least is a good basis to start with. MR. KLATZKOW: Yeah, I'll email you the first draft, and I'll use that language. MS. DONALDSON: Yeah. We're not going to have any problem from our side getting the language done well before the 30-day period. MR. FEDER: And, Jeff, what I'll do is I'll mark up graphically the items that I hit on. MR. KLATZKOW: Yeah. You just need to comport with the commitments that were made by the developer to both the Planning Commission and the board. MR. FEDER: I'd like to see the copy of that, but I will mark up the graphic issues we've raised. MR. MUDD: Leo, you pulling those? MR. OCHS: Yeah. MR. MUDD: Let's make sure we pull those minutes, get a copy so that nobody's out here guessing. You should have -- we should have comments that were done at the -- at a Planning Commission meeting, we should have ones in front of the board, we should have the TPC agreements and the comments that were made there, plus we should have the Nehrling agreements that were made on this historical CHIEF POTTEIGER: We're not set on a date yet, right? CHIEF DYER: The 30 days? MR. MUDD: No, we're not set on it yet. CHIEF DYER: We're gone from the lIth to the 16th. MS. DONALDSON: Now, can I ask, are we going to send out the interlocal agreements to the city asking them, once again, to sit down and participate with us like we did last time so that we can show, if this does go to litigation, that we have tried everything we possibly could to negotiate a contract in good faith? MR. KLATZKOW: We're going to give the city every Page 25 161 lCs July 14,2008 opportunity to fully participate in this. MS. DONALDSON: Okay. MR. MUDD: Okay. And I -- I agree with Jeff. I don't see where our actions should be a whole lot different than what they were the last time, and we basically gave them the benefit of the doubt at every turn. MS. DONALDSON: I just want to make sure, because I know as it relates to the other agreement, that issue is starting to bubble up, and obviously it's -- the scenario's exactly the same, and this issue's going to bubble up. It may be a year from now that it will bubble up. So I just wanted to make sure that we can show the Court if it goes to that point that we have tried to negotiate in good faith. MR. KLA TZKOW: The city will have a legal claim that they're not required to do this but they will have no factual claim that they were somehow left out of the system. MS. DONALDSON: Right, okay. I just wanted to make sure. MR. MUDD: Okay. Now I'm going to turn to public comment real quick. Ma'am, do you have anything you'd like to say to the group? MRS. DORR: I promised I would be a fly on the wall. I have thoughts. I don't know if you know, I'm on the zoo board. MR. MUDD: Okay. MRS. DORR: Marla knows that very well. And I came just because I saw the announcement in the paper, and I called about 12 numbers to find out if the public could come, and I was told yes, so I promised to be quiet. I have thoughts and feelings. I don't -- I can't speak for others, and so I don't really think I should voice them. MR. MUDD: Okay. MRS. DORR: Unless you pull my hand or foot. MR. MUDD: You can do whatever you want to. You know, you're here. This is public comments, so -- Page 26 16 i 1 Cs July 14,2008 MRS. DORR: I personally question -- I shouldn't say this, but I question whether or not the facility should go in there at all. And I think that from what I have heard, they have very, very definitive designs on buffer between them and the zoo. And the -- it would take up more space and land than the 60 feet, and it could encroach upon zoo property. It's not zoo property. It's the county property. MR. MUDD: That's being used as a zoo, yes, ma'am. MRS. DORR: And paying rent. And I under -- I mean, this is all common knowledge. And so I just think that it's -- you're entering into a large can of worms. CHIEF POTTEIGER: That's what they pay us for. MRS. DORR: My opinion. MR. MUDD: Yes, ma'am. I'm not -- I can't argue with you, but thank you very much for your comments. MRS. DORR: You're very welcome. MR. MUDD: Comments from the Naples Daily News? I guess we'll read about them tomorrow, eh? Thank you very much. Hopefully it will be in the factual station (sic) instead of the editorial page. CHIEF POTTEIGER: Laura, I'll call you later. MS. DONALDSON: Okay. MR. MUDD: Without any further comment, I basically close this meeting. Thank you very much for coming. (Proceedings concluded at 2:51 p.m.) ***** Page 27 ~ ~ t 191 July 14,2008 STATE OF FLORIDA) COUNTY OF COLLIER) I, Terri L. Lewis, Notary Public, do hereby certifY that the foregoing proceedings were taken before me at the date and place as stated in the caption hereto on Page 1 hereof; that the foregoing computer-assisted transcription, consisting of pages numbered 2 through 45 (before TRN 18 formatting), inclusive, is a true record of my Stenograph notes taken at said proceedings. Dated this 21st day of July, 2008 TERRI L. LEWIS, Notary Public, State of Florida; My Commission No. DD 447012 Page 28 Fiala Halas Henning Coyle Coletta TRANSCRIPT OF THE MEETING REGARDING THE INTERLOCAL SERVICE BOUNDARY AGREEMENT NEGOTIATIONS FOR THE ANNEXATION OF THE SENIOR CARE DEVELOPMENT SITE September 5, 2008 16~ lC~ September 5, 2008 RECEIVED SEP 3 0 2008 Board of County CommlSSlone The meeting was held at the County Attorney's Office on this .. date at 1:00 p.m., in Building "F" of the Government Complex, East Naples, Florida, with the foHowing members present: Jim Mudd, County Manager Jeffrey A. Klatzkow, County Attorney ALSO PRESENT: Michael Sheffield, County Manager's Office Norman Feder, Transportation Administrator Nick Casalanguida, Transportation Director Marla Ramsey, Public Service Administrator Margaret Bishop, Transportation Tom Wides, Public Utilities Doug Dyer, East Naples Fire Department Angela S. Davis, East Naples Fire Department Laura Donaldson, Counsel for ENFD (via speakerphone) Suzy DOff, Naples Zoo Board MISC. Corres: Date: Page 1 Ifem': :. ')Pies ' 16 Ii leg September 5, 2008 MR. MUDD: We're here to have another meeting on the interlocal agreement, okay, that basically has to do with the 22-acre parcel on the south side of Golden Gate Parkway east of Goodlette-Frank Road and west of the Gordon River known as the Senior Care Development Site pursuant to Chapter 171 of the Florida Statutes. And what I'll do is I'll go around the room and introduce everybody that's here so, Laura, you have the benefit of the doubt. I'm Jim Mudd, the county manager. To my left if Jeff Klatzkow. Hello, Jeff. MR. KLATZKOW: Hello, Mudd. MR. SHEFFIELD: Mike Sheffield from the County Attorney's Office. MR. FEDER: Norman Feder, Collier transportation. MS. RAMSEY: Marla Ramsey, public services. MS. BISHOP: Margaret Bishop, Collier County transportation. MS. DORR: Suzy Dorr, Zoo Board. MR. DYER: Doug Dyer, East Naples Fire. MS. DAVIS: Angela Davis, East Naples Fire. MR. MUDD: Okay. You've got us all. One of the things that we kind of have to do is we all received the minutes from the 14th of July. I only have one correction to those minutes, and it has to do on page 3, four lines up from the bottom of the page, and it says on March 35th (sic), 2008. That's March 31st. So that's the date on that particular item, so just for a correction. Anybody have any other corrections to the minutes? (Nick Casalanguida entered the meeting room.) MR. MUDD: Okay. Then the minutes are set. Mr. Klatzkow, on the 15th of August, sent us an email that also included the draft agreement and asked everybody to take a look at the draft and get your comments in. But one of the things that he had talked about specifically in his email on the 15th was to address an Page 2 16 I 1 CtS September 5, 2008 email on the 13th of August that he sent to staff, and it basically talked about, please itemize and/or get agreements that talk about the prior commitments on that particular development as we were negotiating and finally bought the zoo property to the side, and they were all part of that because that was all part of a land purchase deal that the Trust for Public Lands had worked on, and hopefully that has been accomplished. With that, I'd like to -- that's as much of the introductory as I'd like to go to. Now, for the sake of brevity of this meeting, because everybody is either surging trying to get rid of Fay debris and/or getting ready for meeting at four o'clock today -- get on with the interlocal agreement, because that's basically what we're trying to get down, is get it so it's solid, locked in, and then from there, we can get whatever changes we have to do and then get this thing moving. MR. KLATZKOW: Yeah. The only question I had, Mr. Mudd, is, is the City of Naples here? MR. MUDD: I do not see a representative of the City of Naples. MR. KLA TZKOW: And were they noticed for this meeting? MR. MUDD: Yes, they were. They were noticed for the meeting, and we -- I sent them a letter and asked them if they would -- if the city manager would please come and/or ask the staff, and in the letter I even said, if the meeting date and time isn't conducive to your schedule, just tell me what day and time you'd like to have it and we'll reschedule it. I received no response. MR. KLATZKOW: That's all we can do. MR. MUDD: Okay. Jeff, you want to start going over the agreement? MR. KLATZKOW: Well, I've sent drafts to everyone and I got comments. Again, the only issue I have is I do need from you the commitments that we've received over the year so I can attach that Exhibit 4; otherwise, from my perspective, I believe we have a final agreement here. Page 3 16 i 1 r!~ September ~ 2008 Laura, are you okay with the changes? MS. DONALDSON: Yeah, I'm fine with the changes, and they've incorporated my additional revisions. So, yep, I'm good. MR. MUDD: Okay. Can I help? And this is just -- some of this is just semantics. Okay. I'm under fire services, paragraph 2, sub item D, it's ad valorem instead of as valorem. D, heading. I'm on -- look it. I'm under -- MS. DONALDSON: That's impressive. MR. MUDD: I'm under -- no, that's ad valorem. That's under transportation and concurrency. We want to get rid of that. There's a period in there, right there. That period doesn't need to be there. MR. FEDER: Jim. MR. MUDD: Hang on. We're going to go -- we're going to go all the way through this. Let me just figure this one out. On the next item, on the next page, it starts at B, it goes to C. You see it, Jeff? And then it goes to E, and I'm wondering where D is. I'm on -- it's on the -- it's just above stormwater. MR. KLATZKOW: Okay. Got it. MR. MUDD: Okay. So I was looking for D, and I couldn't-- and I couldn't find it. Okay. I got my trivial crap out of the way, okay. Okay. Norman, go. MR. FEDER: I'm on transportation, section four. You have no D? And I'd given seven bullets, six bullets, excuse me. C is -- looks like a combination to some degree of three and four that I'd given numbers as comments. MR. MUDD: Okay. MR. FEDER: In particular, what is not addressed is the fact that they'll -- it does identifY within the 60-foot area for construction and that the balance out there is non-vehicular, but then on four, it's got the 60-foot connection to signalized access. It basically covers it. So if it, in fact, is intended that my four and -- three and four Page 4 16 I Ie:; September 5, 2008 comments were incorporated into C, then E, F -- and E and F need to be D and E respectively. MR. MUDD: Okay. Are you -- does C need to be broken down, Norman, into distinctive parts? MR. FEDER: I think it covers basically what I had as issues in three and four. It's reworded, but I think it covers the essence of those two. MR. KLATZKOW: So you're okay with that? MR. FEDER: So then you need to restructure to D and E. MR. MUDD: Yeah. You take E to G, you already did it, Jeff. Anything else, Norman? MR. FEDER: No, not in that. Okay. Marla, you're loving the talk or you pen's jiggling? MS. RAMSEY: My pen's jiggling. MR. MUDD: Okay. Stormwater. You okay? MS. BISHOP: Yes. MR. MUDD: Tom? MR. WIDES: Okay. MR. MUDD: Fire. MR. DYER: Okay. MS. DAVIS: Okay. MR. MUDD: Now, as far as the commitments are concerned, can we get a little more specific for Jeff so that he can at least put those down in an attachment? Norm? MR. FEDER: Yes. MR. MUDD: The commitments that were made by-- MR. FEDER: We had discussion-- MR. MUDD: -- the owner of the property when we purchased it. MR. FEDER: When the property owner was purchasing, the issue was access. Might be off of the existing 6O-foot alignment, which we noted was problematic because it came out into the northbound dual right turn lanes and, therefore, would not be Page 5 16 i; lC~ September 5, 2008 acceptable. There were meetings held with the parties in particular, also the zoo was there, to look at the development of what we're now calling this access road to the Fleischmann signal. There was an agreement, to my knowledge, and then I'll defer to Nick and to Marla -- on the -- an alternate roadway that connected to that triangular piece of development over on what would be -- MR. MUDD: The Horn of Africa that's over there by -- MR. FEDER: Yes, the eastern boundary of the property. MR. MUDD: Okay. MR. FEDER: I'm not aware -- and I'll defer now to Nick and Marla, but I'm not aware that there was any formal agreement with the developer other than our stated expectations verbally. Is there anything beyond that? MR. CASALANGUIDA: My understanding is that there is -- we presented an exhibit, I believe, where we had a general description or location of what this roadway connecting Goodlette-Frank Road, the zoo area, Marla's park site, and their development site up to Golden Gate Parkway. The paragraph C, to me, is vague. We should probably -- it should be an exhibit that goes with that that's clear as, approximately constructed as shown on exhibit so and so. MR. MUDD: That's kind of where Jeffs at. He was asking in the email on the 13th of August, and again repeated, that says, hey, attached, the working draft. Please note paragraph A to the agreement which provides prior commitments. Significant commitments to the county have been made by the owner and/or agents of the amended area and by their predecessors in interest. A copy of these commitments is attached as Exhibit 4. And what he's trying to do is lay down what Exhibit 4 looks like. MR. CASALANGUIDA: Okay. Did Michael Green em ail you? I believe Michael was in the process of reviewing and emailing you Page 6 16 I 1 ('g September~~008 copies of the exhibits that we have in our file. And we were discussing which ones should be used. MR. KLATZKOW: Okay. I need -- when we say commitments, we're not talking about discussions you had. MS. RAMSEY: There aren't any-- MR. CASALANGUIDA: They're all discussions. MR. KLA TZKOW: Then those aren't commitments. MR. FEDER: That's what I'm trying to say. MR. KLA TZKOW: What I'm talking about is whatever they told the Board of County Commissioners they would do whenever we have a written agreement or anything of that nature. If you guys just had ongoing discussions with them, you don't have a commitment. MR. CASALANGUIDA: That's the case. There was nothing written and brought to the board for approval. It was all tentative drafts, working copies that we were working towards a final agreement, but it was never blessed by the board. MS. RAMSEY: The only commitments we have is with the zoo lease. In the zoo lease we took out from the zoo property this access point right here to the north, and we then increased it here and we increased it here. And there is a commitment in the lease agreement, this is the -- that says that the county reserves the right to build the road up through in here, but it's not a commitment with Trust for Public Lands during the purchase. And I talked with Toni Mott, and she doesn't have anything in her files either that there is anything in writing about the commitments. MR. KLATZKOW: This is a lease between whom? MS. RAMSEY: The zoo and us. MR. KLATZKOW: So that's not a commitment on the developer. MS. RAMSEY: Not a commitment on the developer, but I have -- that's the thing that I have that's written. The only other Page 7 16 1 1 C~ September 5, 2008 commitment -- thing that we have is that they came back later and got an easement here for utilities along this particular area here. MR. KLATZKOW: No, that's not a commitment either. That's just an easement. MS. RAMSEY: Easement, yep. That's the only thing I have in writing at the moment. Now, I haven't pulled up the minutes from the meeting. I started to do that, but I ran out of time to pull the minutes up from when Trust for Public Lands was standing at the podium, if they made any verbal commitments on the record. But I don't have anything in the agreement that I have, either in the attachment that went to the board for the sale -- in the executive summary. The only commitments I have are through this lease agreement that's really taking the land and setting it aside so that it won't be used as zoo elements. MR. MUDD: Do me a favor, take a look, pull up the minutes. The Trust for Public Lands was pretty outspoken about the deals that they'd made with the landowners and whatnot. MS. RAMSEY: Yeah. There might be something in the minutes, but I didn't have time to pull them. But I'll pull it back up and take a look at it. MR. FEDER: You need to look at the minutes -- we need to look at the minutes because I think there was some discussion about our concern about them coming out at that spot, but I know that we were talking about resolving those issues after, not necessary as part of, so I'm not sure it will be in there. MR. MUDD: There is no written agreement that exists today between the landowner that bought the parcel from the Trust for Public Lands. MR. KLATZKOW: Well, the Trust was just a pass through. MS. RAMSEY: That's right. MR. MUDD: No. The Trust for Public Lands purchased the property, okay. They purchased the property. They received it, paid Page 8 161 le6 September 5, 2008 money for it. Collier County bought a piece. Mr. Orschlager -- was is Orschlager (phonetic)? MS. RAMSEY: Something like that. MR. MUDD: Something like that. Don't quote me, okay. We'll just call him Mr. 0, okay. He picked up the 22 acres that was north. MR. KLATZKOW: That's fine. Then while they own that property, any commitments made by the Trust would be binding-- MS. RAMSEY: Right, on the new owner. MR. KLATZKOW: On the new owner. MS. RAMSEY: Right. MR. KLATZKOW: So that would be fine. MS. RAMSEY: Now -- and I have -- since we had this last meeting, I've had conversations with them. MR. MUDD: And I think we did make an agreement with the Trust for Public Lands. MS. RAMSEY: Yeah. It's not in the written agreement for purchase though. I've gone through it twice, and there's nothing in here that says that they're committing the new owner or themselves to put that road in. But I have had a conversation with them about their project and what we were expecting, and they have agreed verbally through me, their attorney -- MR. MUDD: Who's they? MS. RAMSEY: The new senior care people. So I've met with -- MR. MUDD: Mr. O.'s -- MS. RAMSEY: Yeah. I met with -- his name is -- I forget off the top of my head. Anyway, I'll come up with his name in a minute. But we did talk about coming in and making a commitment to bring this over. And we've talked about different schematics here as well as to share a lift station and a connection here for the boardwalk that comes in. We've discussed all that with him, and they're receptive to that. Not only that, but remember they wanted a hundred-foot Page 9 16 I 1 c~ September 5, 2008 easement here so they could put in additional buffering, and I got him to agree that he's going to put in enhanced landscaping on the other side of the zoo's property as a benefit for the zoo so that they don't see the building, so that they don't see the buildings. MR. KLATZKOW: You don't have an agreement to anything. What you have, you have an understanding. MS. RAMSEY: Exactly. MR. KLATZKOW: Right, but you have no agreement. MS. RAMSEY: No, I agree, but my point is is that those are things that we put into this particular agreement. I've had some discussion with them. They have not come and stood in front of me and said, absolutely not. We're not doing that. It's been a very positive exchange between them and us to do it. MR. FEDER: How did the submittal come about where we had the concerns where they weren't staying totally within the 60 foot of roadway and they were utilizing some of it for -- MR. MUDD: Yeah. Because there was a schematic that came on with the road design and it basically looked for a hundred foot of right-of-way and/or the cross-section-- MR. FEDER: I'm saying, what was the source of that? They presented that schematic to us. MS. RAMSEY: That is their landscape architect or their engineer that drew that up. There were some conversations with transportation on that, then they went to the zoo, and that's when I saw the plan. So their -- it's their consultants that are driving the look of that entrance, so -- MR. MUDD: Okay. Well, let's take it from -- it's discouraging, but it's not totally out. What we need to do now is, you need to craft what the limitations are on the property, i.e., the east/west road where it bumps up against Goodlette-Frank, you're not going to authorize a right-in and right-out on that particular thing because it is a right access to turn to go down Golden Gate Parkway to the east, okay. So Page 10 le~eLber 1 q~8 you're not going to let them have an east/west road outlet. So in this interlocal, because of safety concerns, you need to say, that's not there, okay. That isn't going to happen. MR. FEDER: And we've done that. MR. MUDD: Okay. I.e., the other piece where they have their access to Goodlette-Frank Road, depending on how far it is from the signalized area and the access that's coming off of Goodlette-Frank, you'll authorize a right-in and a right-out, and you need to be very specific about that. MR. FEDER: You're talking about on Golden Gate Parkway. MR. MUDD: Golden Gate Parkway. MR. FEDER: And there we have been very specific. MR. MUDD: Okay. MR. FEDER: First is-- MR. MUDD: And you'll also need to talk from your transportation side of the house that the likelihood of getting a median opening issuing, okay, at that right-in, right-out on a six-lane road, probably going to an eight-lane road, is not going to happen, okay. Those things you are perfectly -- you are perfectly on solid ground to put in this interlocal agreement knowing that there are no commitments that you are able to do that. Then you -- Marla, okay, if you have issues with your property and what they need from you, you can say something like, we, in our agreement with the zoo and the county, have got provisions in that agreement to provide a -- MS. RAMSEY: Signalized access. MR. MUDD: -- signalized access through the far western, northern reaches of the zoo property until, what is it, 14th Street light or whatever it is, until they get to that particular light so they can get -- MR. FEDER: Fleischmann. MR. MUDD: Fleischmann -- so they can get out, and then you can say, that's there, all right. No -- you have nothing in writing that Page 11 16 I lC6 September 5, 2008 says they're going to pay for it, you're going to do anything for it. Now -- MS. RAMSEY: Well, there's also nothing in writing that says they get to use it because it hasn't been -- MR. MUDD: No, no. You can say that it's there and the county is prepared to let that northern property use that based on what -- their inabilities to get to certain places, okay, because that's a property that then has a real problem with access. MS. RAMSEY: They honestly think that they don't -- they're going through this whole thing, but they have said on the back side that this is a secondary entrance to them because they expect everybody to come out, and if they want to go to the right -- or left, you have to come down, you have to make a U-turn, you know, around that one median. They really think that their 80-year-old people are going to be able to do three lanes over, U-turn, three lanes over to go north. And I think when they come to the realization that's not necessarily a safe element that I think -- I think what they're doing is right. I don't have anything in writing that says that they're committed to doing it though. MR. MUDD: I understand that, and my answer is, what you need to do is put down what we have right now that's documented and what things they can't get at, Norman, so that the negotiations you have one way or the other, then those agreements will come to bear when they had it. It would be nice if we had a memorandum of agreement or whatever, but we have nothing at this particular juncture. MR. KLA TZKOW: No, that's fine. What you want we'll put into the agreement. MR. FEDER: We have that, essentially, with one variation right now. If you take a look at the transportation, it spells out pretty much what you said, Jim. A says there will be no left out of the main entrance to Golden Gate Parkway. Only a right-in, right-out, possible Page 12 16 I 1 Ct7 September 5, 2008 left in, but there will be no median opening for signalization. And then the second one is a western access to Golden Gate, which is about at Lucky Lane, will be restricted to right-out only. No right -- I mean, right-in only. No right-out, no median opening. The C, which is a combination of myoid -- MR. MUDD: Sure. MR. FEDER: -- three and four is getting at, but it does say developer's sole cost, and those issues may need to be revised, but it makes it clear that the expectation is that their access to a signal is rear, a parallel to Goodlette-Frank that then accesses not anywhere else but at Fleischmann. MR. MUDD: You can put down that it's in vision and there is a 60-foot easement that is dedicated or whatever else you want to call it, okay, for their use -- MR. FEDER: To access a signal at Fleischmann, or Goodlette- Frank. MR. MUDD: That's it, but that's where it stops because then you're kind of stuck because you've got nothing in between. MR. FEDER: Yeah. MR. KLA TZKOW: So in other words -- MS. RAMSEY: But do I want to put in this agreement that it's available to them at this moment in time? I mean, if they're not going to develop it, then I don't need an interconnect with them. I mean, then the county will make it. I mean, is there a reason that I would have to even offer it on the table in this element at all? Because right now there's no agreement with me and them for this access. MR. MUDD: That's right, but you can say -- but you can say that an easement has been laid out for that potential. MR. FEDER: I think what we'd say, Jim, to your point is, that there is no access to Goodlette-Frank Road except access that could be acquired across from and at the Fleischmann signal. MR. MUDD: That's fine. Page 13 16 I 1 CS September 5, 2008 MR. FEDER: And how you get there is the further discussion maybe. MR. MUDD: Sure. MR. FEDER: Maybe I take out my whole description of the concept road that's been discussed with everybody and just say, you have no access to Goodlette-Frank itself except for that across from the Fleischmann signal. MR. MUDD: That's fine. That pretty much limits it, and from there you can start. Is that okay with you, Jeff? MR. KLATZKOW: It's fine by me. Norm, you'll go through it and you'll revise it to something that suits you. MR. FEDER: What we're saying -- and the reason I can say that, all the statements I've made in the other are operational and safety, and in particular on Goodlette-Frank because of the volume and the dual right turn lane. I need to move it down, and the earliest I can safely do it is at Fleischmann. MR. MUDD: Okay. MR. KLATZKOW: Paragraph 8's going to have to be eliminated then, because there are no priorities. MR. MUDD: You're right. Okay. Any other issues on this particular item? Now -- so Norman, how soon can you get that writeup back to Jeff? MR. FEDER: I should be able to have that, if I sit here, before he leaves this meeting. MR. MUDD: Okay. I'd like you to think about it a little more than just that, okay. Give it a couple more. MR. FEDER: I will get it to him in the next-- MR. MUDD: Couple more minutes, okay. The -- before Nick leaves, I'll tell you after we're off the thing, Page 14 161 Ice; September 5, 2008 something happened today I thought was pretty funny. When you get that and you're ready to go on that particular issue, I'll take the particular agreement, I will put a letterhead on it like I did before with the prior annexation and send it over to the City of Naples for any comments. MR. KLA TZKOW: Correct. MR. MUDD: Okay. And we'll give them the same period of time. I think we gave them 30 days or something like that before in order to give us comments. Not hearing anything back and/or comments to the agreement, we will -- we will call the fire district to let them know what we received or didn't receive. And if we receive nothing, then it will be a two-party agreement. Once we have that, then you'll go to your board and get your signature and we'll go to our board and get our signature. Jeff, did I miss anything? MR. KLATZKOW: I think that's the appropriate procedure. MR. MUDD: Okay. Any other --I'm sorry? You've been so quiet on the phone. MS. DONALDSON: No, I'm here. No, I mean, everything -- I just wanted to give you an update as it relates to, not this annexation, but Hole in the Wall because basically the same thing that we're doing now is what we did with Hole in the Wall that the city did not agree to sign, so we have a two-party agreement. The Property Appraiser failed to recognize the agreement and did not include the district's millage rate in the TRIM notice for Hole in the Wall, and it's treating it in the city and not being in both jurisdictions. So I just wanted to kind of put the county on notice that we see -- North Naples is looking into the next option and we'll let you know -- MR. MUDD: Okay. MS. DONALDSON: -- how we proceed, because clearly, although -- and it's difficult because it's such a small piece of property Page 15 16 f 1 G0 September 5, 2008 and the taxable value is not great to be arguing over something so small, but at the same time it's the first agreement we have where the city did not agree to participate. MR. MUDD: Okay. MS. DONALDSON: I just wanted to let you know, because whatever happens with that is going to impact this agreement potentially. MR. MUDD: Okay. Thank you. MS. DONALDSON: You're welcome, and that's it. And Jeff, thank you so much for getting the agreement together so quickly. MR. KLA TZKOW: My pleasure. MR. MUDD: Okay. Any other comments on this particular agreement? Ma'am, your time to -- your time to talk if you'd like. MS. DORR: I can't think of anything, sir. MR. MUDD: Well, good. I'm so glad you came today. MS. DORR: I'm coming to stay at your house for the hurricane. MR. MUDD: Okay, ma'am. If you've only got two inches, you're more than welcome. I promise you. That's a bit tough. I mean, one crazy car and one boat that goes down your thing has a little bit of a wake, and the next thing you know you've got water coming in your door. That's not good. Okay. Without any further concerns, no public comment, this meeting's adjourned. Thanks. MS. DONALDSON: Thank you. (The proceedings concluded at 2:00 p.m.) ***** Page 16 ~'--~._.~...---_.,~ ---.----- 16/ lC~ September 5, 2008 (STATE OF FLORIDA COUNTY OF COLLIER) I, Terri L. Lewis, Notary Public, do hereby certifY that the foregoing proceedings were taken before me at the date and place as stated in the caption hereto on Page ] hereof; that the foregoing computer-assisted transcription, is a true record of my Stenograph notes taken at said proceedings. Dated this] 8th day of September, 2008. TERRI L. LEWIS, Notary Public, State of Florida My Commission No. DD 4470]2 Page 17 16K 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Ofticc. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, oaks, and/or information needed. [f the document is already complete with the exceotion of tile Chainnan's silmature, draw a line throul!h rottling: lines #1 through e~ete the checklist, and forward 10 Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) - - 1. 2. 3. 4. . 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primal.y contact is the person who created/prepared the executive summary. Primary contact infomlation is needed in the event one of the addressees ahove, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Hee Chairman's signature are to he delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400 Contact Agenda Date Item was October 28, 2008 Agenda Item Number l6KI Aooroved by the BCC Type ofDocumeut Retention Agreement with Y Dung Van Number of Original I Attached Assenderp Documents Attached -- 1. INSTRUCTIONS & CHF:CKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages From contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman aud Clerk to the Board aud possibly State OfficiaL.) All handwritten strike-through and revisions have he en initialed by the Connty Attorney's Office and all other arties exce t the Bee Chairman and the Clerk to the Board The Chainnan's signature line date has heen entered as the date off3CC approval of the document or the finalnc otiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman '5 si nature and initials are re uired. In most cases (some contractsare an exception), the original document and this routing slip should be prOVIded to Sue Filsou in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forv.,;arding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines] The documeut was approved by tbe BCC ou_10-28-08 and all changes made dnring the meeting have been incorporated in the attadlcd document. The County Attorney's Office has reviewed the chan es, ~Jica~)lc. ~__~_____ Yes (Iuitial) JAK N/A(Not A heable) 2. 3. 4. 5. 6. JAK JAK JAK JAK JAK I: Forms/ County Forms/ Bee Forms/ Original Documents ROlliing Slip W\VS Origin;.:Il).rjJO~, Rni::>d ) .2().C5, Revi~(:d 2.24.05 04~CO^-OJ 206/2886 16K 1~ RETENTION AGREEMENT WITH YOUNG V AN ASSENDERP. P.A. This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Young van Assenderp, P.A., of Tallahassee, Florida ("Young van Assenderp"). Whereas, Young van Assenderp has special expertise and resources in a wide range of legal matters, with particular expertise in local government law, environmental law and permitting of solid waste facilities and related issues; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Young van Assenderp. Now, therefore, in consideration of the premises contained herein, the County hereby hires and retains Young van Assenderp and Young van Assenderp hereby agrees to provide legal services to County. ARTICLE 1 COMPENSATION: METHOD OF PAYMENT 1.1 Compensation shall be paid to Young van Assenderp in accordance with the terms set forth in Exhibit A, attached hereto and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit B, attached hereto and made a part hereof. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Certificate contained in Exhibit C must be included with every invoice submitted for payment. 1.2 The rates set forth in Exhibit A shall remain in effect without change for a minimum of three (3 years) from the effective date of this Agreement. In the fourth and fifth years of Page I of 17 16K 1~ the Agreement, upon the request of Young van Assenderp, the County Attorney is authorized to negotiate to increase the hourly rate up to a maximum of ten (10) per cent without approval by the Board of County Commissioners. In the negotiation process, Young van Assenderp must substantiate the reason the request is being made (i.e. market conditions, increase in CPI, etc.) 1.3 Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Young van Assenderp to assign more than one attorney to a project or case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost-effective for the County, Young van Assenderp agrees to the following procedures and billing limitations for multiple attorney assignments. 1.3.1 A primary attorney will be identified for such projects or cases and that attorney will be the sole contact attorney for the County, except in the case of an emergency or the County's written pre-approval. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel or attend meetings, court, arbitrations, mediations or other proceedings on behalf of the County. 1.3.2 Attorneys assigned to a project or case other than the primary attorney will be less senior attorneys with lower billing rates unless the additional attorney(s) has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. 1.3.3 Young van Assenderp agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the absolute Page 2 of!? 16K l~ minimum necessary for the provision of the legal services in question. To the extent internal or in-house conferences among multiple attorneys assigned to a project or case are necessary, each such attorney may bill at his or her customary rate for up to thirty (30) minutes for any such conference. To the extent such a conference exceeds thirty (30) minutes in length, Young van Assenderp agrees that it will discount the total billings for all attorneys involved in the conference by forty-five (45) percent. 1.4 Young van Assenderp may submit invoices for hourly work assignments pursuant to Exhibit A only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. 1.5 To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County. Payment may be withheld for failure ofY oung van Assenderp to comply with a term, condition, or requirement of this Agreement. 1.6 Payment shall be made to Young van Assenderp at: David S. Dee Young van Assenderp, P .A. Gallie's Hall 225 South Adams Street, Suite 200 Post Office Box 1833 (32302-1833) Tallahassee, Florida 3230 I Facsimile: (850)561-6834 ddee(Glvv la w .net Page3of17 16K 1 ARTICLE 2 INSURANCE 2.1 Young van Assenderp shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount not less than One Million Dollars ($1,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by Young van Assenderp to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 2.2 Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. 2.3 Young van Assenderp shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term ofthis Agreement shall be for a period of three years to begin October 28,2008 and to end on October 27, 2011, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may Page 4 of 17 16K llW be renewed upon mutual consent of the parties for two (2) additional terms of one (I) year each. (In the event the tenn of this Agreement extends beyond a single fiscal year of County, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. 3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 4 TERMINATION 4.1 This Agreement may be terminated by either party for cause upon ten (10) days' notice or by the County for convenience upon no less than thirty (30) days' advance written notice in accordance with the "NOTICES" section of this Agreement. 4.2 Termination ofthis Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 4.3 In the event this Agreement is terminated for convenience, Young van Assenderp shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of County's election to terminate, Young van Assenderp shall refrain from Page 5 of 17 16K 1- performing further services or incurring additional expenses under the term of this Agreement. Young van Assenderp acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Young van Assenderp, is given as specific consideration to Young van Assenderp for County's right to terminate this Agreement for convenience. Young van Assenderp's obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. ARTICLE 5 RECORD AUDIT AND INSPECTION 5.1 County shall have the right to audit the books and records of Young van Assenderp pertinent to the funding under this Agreement. Young van Assenderp shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit findings have not been resolved at the end of the three years, the books and records shall be retained until resolution of the audit findings. 5.2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Young van Assenderp's records, Young van Assenderp shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Young van Assenderp. Page 6 of 17 16 !{ 1~ ARTICLE 6 CONFLICT OF INTEREST 6.1 Young van Assenderp states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part 1II, Florida Statutes (Code of Ethics). 6.2 It is important that Young van Assenderp be independent and impartial in order to properly conduct its services to the County. Young van Assenderp shall not act as counsel in any lawsuit or other adversary proceeding in which County is named as an adversary party or in which Young van Assenderp takes an adverse position to the County. 6.3 Neither Young van Assenderp nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Young van Assenderp's loyal and conscientious exercise of judgment related to its performance under this Agreement. 6.4 In the event Young van Assenderp is permitted to utilize subcontractors, herein, to perform any services required by this Agreement, Young van Assenderp agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 6.5 If at any time Young van Assenderp represents a client in matters pending before the Collier County government, be it before the Board of County Commissioners or any other agency or division of Collier County government, Young van Assenderp will contact the County Attorney's Office before undertaking such representation so that it can be determined whether a conflict of interest exists. Page 7 of 17 16K It ARTICLE 7 OWNERSHIP OF DOCUMENTS 7.1 Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Young van Assenderp, whether finished or unfinished, shall become the property of County and shall be delivered by Young van Assenderp to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Young van Assenderp shall be withheld until all documents are received as provided herein. ARTICLE 8 INDEPENDENT CONTRACTOR 8.1 Young van Assenderp is an independent contractor under this Agreement. Services provided by Young van Assenderp shall be subject to the supervision of Young van Assenderp, and such services shall not be provided by Young van Assenderp as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 9 NONDlSCRlMINA nON, EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 9.1 Young van Assenderp shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions Page 8 of 17 16K 1~ of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 9.2 Young van Assenderp's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation national origin, martial status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 9.3 Young van Assenderp shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because ofrace, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Young van Assenderp shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 9.4 Young van Assenderp shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the Page 9 of 17 "-"-"'--"'~---"'-"-'--'-'-'-;-----'"-"-"'-""'-'--'-"---'--->'-~'<"-'-~~- 16K 1 - following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 9.5 Young van Assenderp shall not engage in or commit any discriminatory practice in performing the scope of services or any part of scope of services of this Agreement. ARTICLE 10 NOTICES 10.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: Jeffrey A. Klatzkow, County Attorney Government Center 3301 Tamiami Trail East Naples, Florida 34112 FOR YOUNG VAN ASSENDERP: David S. Dee Young van Assenderp, P.A. Gallie's Hall 225 South Adams Street, Suite 200 Post Office Box 1833 (32302-1833) Tallahassee, Florida 32301 Facsimile: (850) 561-6834 Page 10 of 17 16K 1 ARTICLE 11 MISCELLANEOUS 11.1 WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 11.2 COMPLIANCE WITH LAWS Young van Assenderp shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 11.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Young van Assenderp elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 11.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. Page 11 of 17 16K 1 11.5 PRIOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above. 11.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits A, B, and C are incorporated into and made a part of this Agreement. DATE:.i)~~\,2tc~ BOARD OF COUNTY COMMISSIONERS OF COLLIERfOUNTY FLORIDA ---1 .--.A ATTEST: .' D -IGHTE. Bl~~K;;CLERK By: TOM HENNING, CHAIRMAN Jeffr zkow Coun orney Page 120f17 16K 1 YOUNG V AN ASSENDERP, P.A. DATE: By: /' ......, ~~ ~... Its: President STATE OF FLORIDA COUNTY OF Leon The foregoing Retention Agreement was acknowledged before me this ...lQtJ9ay of ~ppt ,2008,by Roy C. Young as Pre sid en t of Young van Assenderp, P .A., a Florida Professional Association, on behalf of the professional association. He/she is personally known to me or produced N/A as identification. ~.JI.h~ It;.~ Signature of Notary Public Sunda W. Parrett Name of Notary Public typed, printed or My Commission Expires: 04-COA-O 1158/2745 ""'IIt! S :~""~""~ii; unda W. Parrett ;j.' 4' J.; CO~IS$ion # 00351834 <.~~ Expires October 29, 2008 'II IcmcINT'8yF'In.~,Ini::400-_7019 Page 13 of 17 161{ IIIJ EXHIBIT A For professional services rendered, Young van Assenderp's fee shall be based on the hourly rate as follows: $200.00 per hour for services provided by principals; $175.00 per hour for services provided by associates; $ 70.00 per hour for services provided by law clerks & paralegals. Young van Assenderp's fee shall not exceed $100,000.00 without the approval of the Board of County Commissioners. Any expenditure beyond the initial $100,000.00 approval by the Board of County Commissioners must have Board approval prior to work being performed. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Young van Assenderp.) In the event that Young van Assenderp is required or requested to perform any additional or extraordinary services not herein contemplated, Young van Assenderp shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance by County in its sole discretion. Young van Assenderp shall provide, at no cost to County, the annual response to County's auditors regarding pending or threatened litigation. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Young van Assenderp shall provide said response within 30 days of receipt of the request. NOTES: · Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. Page 14 ofl7 16 ;! f'~ i.;--' to!! J EXHIBIT B I. In addition to the charges for professional fees set forth in Exhibit A and the Schedules attached hereto, County shall reimburse Young van Assenderp for out-of- pocket expenses reasonably incurred in the course of rendering such legal services, including costs oflong distance calls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Young van Assenderp shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. 2. Young van Assenderp shall submit invoices on a monthly basis for the payment of out-of-pocket expenses. Each invoice shall include a signed certificate listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REQUIREMENTS The following represents Collier County's payment requirements for legal costs ~ Your federal employee identification number must be on all invoices submitted. ~ The applicable Purchase Order number must be on all invoices submitted. ~ No service, interest, or other charge oflike nature is to be imposed with regard to any item, invoice, or request, unless the County fails to comply with the Florida Prompt Payment Act. All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. ~ Services rendered must be specifically and concisely identified, as well as the bond issue or financing transaction for which the services were rendered. ~ Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Young van Assenderp for retention and utilization of sub-consultants. ~ Reimbursable expense must be verified by attached receipts or copies thereof. ~ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112,F.S. Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. Page 15 of17 16K 1 ~ Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge, with a cap of no more than $150.00 per night. ~ Car rentals required for travel should include compact or standard-size vehicles only. ~ Common carrier travel shall be reimbursable at tourist or coach class fares only. ~ Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit C must accompany each invoice. The certitying person must sign the Certification form and a description provided of the items, which are certified. ~ Faxes shall not be reimbursed ~ Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed. Page 16 of17 16K 1'1 EXHIBIT C CERTIFICATE IT IS HEREBY CERTIFIED that: I. has been duly designated as special counsel to render legal services or provider of services for or on behalf of Collier County; 2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record; 3. Expenditure(s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; 4. Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. , Dated Period Covered: , Amount IN-HOUSE CHARGES: Photocopies: copies @ $0. I 5/each $ Mileage: miles @ -"mile $ OTHER (Copies of invoices required): Long Distance Calls $ Other: $ TOTAL: $ FOR THE FIRM Signed: Print Name: Title: Date: Page 17 of 17 _.._--^-,-_.~--,~,-_._.__. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLl16 K TO ACCOMPANY ALL ORIGINAL DOCIJMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print all pink p<lpcr. Altlch to original document. Original dOL'\lITIcnts should he hand delivered to the Board Ornec. Tne cornpleted routing slip and original documents arc to be fonvarded to the Board Office only !!f!f!" the Iloanl hJS tnken action on the Item.) ROUTING SLIP "'....'f . .' ",-J" Complete routing lines ill through #4 as appropriate for additional signatures, daks, and/or informatioll needed If the document is nlrcady complete with the excention oflhe Chairman's shrnatLlre, draw a line through rr:Hj~l1eS #1 through 114, complete the dlccklist, and fonvard to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) -- -------" - 1. 2. 3. "- ------- 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original dl)(IImcnt pending Bee approv<JL Normally 1l1e primary contact is the person who created/prepared the executive sllmmary. Primary contact information is needed in the rcvcnlnne of the addressees :.Ibnvc, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe ('hair1ll<ln's signature <Ire to be delivered [olhc m:c ll!Tkc llnly after the Bee has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400 Contact Agenda Date Item was October 28, 2008 Agenda Item Number 16K3 Approved by the BCC Type of Document Retention Agreement with Carlton Fields Number of Original I Attached Documents Attached I INSTRlK'TIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a pro date. Original document has been signed/initialed ror legal sutficiency. (All documents to be signed by the Chairnlan, with the exception of Illost letters, must he reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attomey's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and possibly Slate Officials.) All handwritten strike-through and revisions have heen illiti:~:dcd by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotialed contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si rnature and initials are required_ In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions Eire nullified. Be aware ofy_om dcadlincs~ The document was approved by the BCC on") 0-28"08 and all changes made duriug the meeting have been incorporated in the attached document. The County Attornefs Office has reviewed the chan cs, if a Jlicablc. Yes (Initial) JAK N/A(Not A licable) 2. 3. 4. 5. 6. JAK JAK JAK JAK JAK [: FnmlS/ Counly forms/ BCC fOI"ll1S/ Ol'iginal [);jCIJn1Clll:; Houtint?, Slip WVv'.c; Or;glllul CJ03.04, Rcv!,',(~d 1.26.0:'\, Revised 2_:.1.05 04-COA-OI20h/2R86 16 !( r.. 3'.:"1#....... ',4 RETENTION AGREEMENT WITH CARL TON FIELDS, P.A. This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Carlton Fields, P.A., of Tampa, Florida ("Carlton Fields"). Whereas, Carlton Fields has special expertise and resources in a wide range of legal matters, with particular expertise in construction law, litigation, appellate matters, utilities, land use, property rights, the County's Growth Management Plan and related administrative, executive, and judicial hearings, appeals, negotiations, and County committee work related thereto; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Carlton Fields; Now, therefore, in consideration of the premises contained herein, the County hereby hires and retains Carlton Fields and Carlton Fields hereby agrees to provide legal services to County. ARTICLE 1 COMPENSATION: METHOD OF PAYMENT 1.1 Compensation shall be paid to Carlton Fields in accordance with the terms set forth in Exhibit A attached hereto and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit B, attached hereto and made a part hereof. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Certificate contained in Exhibit C must be included with every invoice submitted for payment. 16K 3 1.2 The rates set forth in Exhibit A shall remain in effect without change for a minimum of two (2) years from the effective date of this Agreement. In the subsequent years of the Agreement, upon the request of Carlton Fields, the County Attorney is authorized to negotiate to increase the hourly rate up to a maximum of ten (10) percent without approval by the Board of County Commissioners. In the negotiation process, Carlton Fields must substantiate the reason the request is being made (i.e. market conditions, increase in CPI, etc.) 1.3 Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Carlton Fields to assign more than one attorney to a project or case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost-effective for the County, Carlton Fields agrees to the following procedures and billing limitations for multiple attorney assignments. 1.3.1 A primary attorney will be identified for such projects or cases and that attorney will be the contact attorney for the County except in the case of an emergency or the County's written pre-approval. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel or attend meetings, court, arbitrations, mediations or other proceedings on behalf of the County. 1.3.2 Attorneys assigned to a project or case other than the primary attorney will be less senior attorneys with lower billing rates unless the additional attorney(s) has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. 16K 3!;~ 1.3.3 Carlton Fields agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the minimum reasonably necessary for the provision of the legal services in question. To the extent internal or in-house conferences among multiple attorneys assigned to a project or case are necessary, each such attorney may bill his or her customary rate for up to thirty (30) minutes for any such conference. To the extent such a conference exceeds thirty (30) minutes in length, Carlton Fields agrees that it will discount the total billings for all attorneys involved in the conference by forty-five (45) percent. 1.4 Carlton Fields may submit invoices for hourly work assignments pursuant to Exhibit A only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. 1.5 To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County. Payment may be withheld for failure of Carlton Fields to comply with a term, condition, or requirement of this Agreement. 1.6 Payment shall be made (0 Carlton Fields at: Carlton Fields, P.A Post Office Box 3239 Tampa, FL 33601 16K 3 ARTICLE 2 INSURANCE 2.1 In order to insure the indemnification obligation contained above, Carlton Fields shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount not less than Three Million Dollars ($3,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by Carlton Fields to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 2.2 Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. 2.3 Carlton Fields shall furnish to the Risk Management Director Certificates oflnsurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. 16K 3'~. ., ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall be for a period of two (2) years to begin October 28, 2008 and to end on October 27, 2010, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for three (3) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year of County, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. 3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 4 TERMINATION 4.1 This Agreement may be terminated by either party for cause upon ten (10) days' notice or by either party for convenience upon no less than thirty (30) days' advance written notice in accordance with the "NOTICES" section of this Agreement. 16K 3'; 4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 4.3 In the event this Agreement is terminated for convenience, Carlton Fields shall be paid for any services performed to the date the Agreement is terminated; however, upon notice by either party to terminate, Carlton Fields shall refrain from performing further services or incurring additional expenses under the term of this Agreement. Carlton Fields acknowledges and agrees that Ten Dollars ($10) ofthe compensation to be paid by County, the adequacy of which is hereby acknowledged by Carlton Fields, is given as specific consideration to Carlton Fields for County's right to terminate this Agreement for convenience. Carlton Fields' obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee, ARTICLE 5 RECORD AUDIT AND INSPECTION 5.1 County shall have the right to audit the books and records of Carlton Fields pertinent to the funding under this Agreement. Carlton Fields shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit 16K 3 findings have not been resolved at the end of the three years, the books and records shall be retained until resolution of the audit findings. 5.2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Carlton Fields' records, Carlton Fields shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Carlton Fields. ARTICLE 6 CONFLICT OF INTEREST 6.1 Carlton Fields states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part III, Florida Statutes (Code of Ethics). 6.2 It is important that Carlton Fields be independent and impartial in order to properly conduct its services to the County. Carlton Fields shall not act as counsel in any lawsuit or other adversary proceeding in which County is named as an adversary party or in which Carlton Fields takes an adverse position to the County. 6.3 Neither Carlton Fields nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Carlton Fields' loyal and conscientious exercise of judgment related to its performance under this Agreement. 6.4 In the event Carlton Fields is permitted to utilize subcontractors, herein, to perform any services required by this Agreement, Carlton Fields agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 16~ 3 6.5 If at any time Carlton Fields' firm represents a client in matters having to do with the Collier County government, be it before the Board of County Commissioners or any other agency or division of Collier County government, Carlton Fields will contact the County Attorney's Office before undertaking such representation so that it can be determined whether a conflict of interest exists. ARTICLE 7 INDEMNIFICATION 7.1 Carlton Fields acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Carlton Fields, is given as specific consideration to Carlton Fields so that Carlton Fields shall at all times hereafter indemnify, hold harmless and, at County's option, defend or pay for an attorney selected by County to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Carlton Fields, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Carlton Fields under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. 16K 31 ARTICLE 8 OWNERSHIP OF DOCUMENTS 8.1 Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Carlton Fields, whether finished or unfinished, shall become the property of County and shall be delivered by Carlton Fields to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Carlton Fields shall be withheld until all documents are received as provided herein. ARTICLE 9 INDEPENDENT CONTRACTOR 9.1 Carlton Fields is an independent contractor under this Agreement. Services provided by Carlton Fields shall be subject to the supervision of Carlton Fields, and such services shall not be provided by Carlton Fields as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 10 NONDISCRIMINATION, EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 10.1 Carlton Fields shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by l(,t( ~.,~ this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II ofthe ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 10.2 Carlton Fields' decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration ofrace, age, religion, color, gender, sexual orientation national origin, martial status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 10.3 Carlton Fields shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Carlton Fields shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.4 Carlton Fields shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental 16K 31 disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 10.5 Carlton Fields shall not engage in or commit any discriminatory practice in performing the Scope of Services or any part of Scope of Services of this Agreement. ARTICLE 11 NOTICES 11.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: Jeffrey A. Klatzkow, County Attorney Government Center 3301 Tamiami Trail East Naples, Florida 34112 FOR CARLTON FIELDS: Paul J. Ullom Carlton Fields, P.A. POBox 3239 Tampa, FL 33601 16K 3 ARTICLE 12 MISCELLANEOUS 8.1 WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 8.1 COMPLIANCE WITH LAWS Carlton Fields shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 12.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Carlton Fields elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 12.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. 16K 3" 12.5 PRIOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above. 12.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits A, B, and C are incorporated into and made a part of this Agreement. II~ L.L.1""'lJ7Q'2a?C>' DATE: LJ\tf"'9":':"""o 1:1 . "L.~_ f BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST:' . -.' ;>.~ DWIGHT E.cBROCK!~Ll~~ ... By: TOM .. 161 3 DATE: ID - \~ - 0% CARL~ELDS, P.A. By: V.f/ L_ I Its: 'E, ,,: \- z. "V.....f.-r STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing Retention Agreement was acknowledged before me this I~~ay of ~ ,2008, by Pcw..t. U.u../J"Y1V as (.,v [Carlton Fields, PA, a Florida Professional Association, on behalf of the professional association. He/she is personally known to me or fJlvduct:d -- as ideHtiFieatign. ~~'.QfNotaf\A~ II !~m: :i'\NotO,yP'UbllC . Stote of Florida Eo to .. o:MfColI..8lol,EllpftlsOec12,20C:8 '.:Jl ~~f Commission /I DO 363017 "'~Off\.Cf.," 1lo_-"'-8y.'~INoIa A_ ",,,,,,,,> 1JUf~ I'ftoII.......... ryl'WOJn. Name of Notary Public typed, printed or My Commission Expires: 16K "3 .~ EXHIBIT A For professional services rendered, Carlton Fields' fee shall be based on the hourly rate as follows: Martha Chum bier $308.00 per hour Nancy G. Linnan $330.00 per hour Paul J. Ullom $315.00 per hour George Meyer $315.00 per hour $297.00 per hour for services provided by all other principals; $255.00 per hour for services provided by associates; $154.00 per hour for services provided by law clerks & paralegals. Carlton Field's fee shall not exceed $100,000.00 per new matter assigned without the approval of the Board of County Commissioners. Any expenditure beyond the initial $100,000.00 approval by the Board of County Commissioners must have Board approval prior to work being performed. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Carlton Fields.) In the event that Carlton Fields is required or requested to perform any additional or extraordinary services not herein contemplated, Carlton Fields shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance by County in its sole discretion. Carlton Fields shall provide, at no cost to County, the annual response to County's auditors regarding pending or threatened litigation. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Carlton Fields shall provide said response within 30 days of receipt of the request. 16K 3 NOTES: . Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. 16K 3 EXHIBIT B I. In addition to the charges for professional fees set forth in Exhibit A, and the Schedules attached hereto, County shall reimburse Carlton Fields for out-of-pocket expenses reasonably incurred in the course of rendering such legal services, including costs oflong distance calls, printing, costs ofreproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Carlton Fields shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. 2. Carlton Fields shall submit invoices on a monthly basis for the payment of out-of- pocket expenses. Each invoice shall include a signed certificate listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REOUIREMENTS The following represents Collier County's payment requirements for legal costs >- Your federal employee identification number must be on all invoices submitted. >- The applicable Purchase Order number must be on all invoices submitted. >- No service, interest, or other charge oflike nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. .,. Services rendered must be specifically and concisely identified, .,. Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Carlton Fields for retention and utilization of sub-consultants. 16;' Ii f\ 3ii~ ~ Reimbursable expense must be verified by attached receipts or copies thereof. ~ Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. Meals and mileage cannot be charged unless the professional has traveled outside the county ofthe principal business location. ~ Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge, with a cap of no more than $150.00 per night. ~ Car rentals required for travel should include compact or standard-size vehicles only. ~ Common carrier travel shall be reimbursable at tourist or coach class fares only. ~ Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit C must accompany each invoice. The certitying person must sign the Certification form and a description provided of the items, which are certified. ~ Faxes shall not be reimbursed ~ Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed 16K 3 EXHIBIT C CERTIFICATE IT IS HEREBY CERTIFIED that: I. has been duly designated as special counsel to render legal services or provider of services for or on behalf of Collier County; 2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record; 3. Expenditure( s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; 4. Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. , Dated Period Covered: , Amount IN-HOUSE CHARGES: Photocopies: copies @ $0. I 5/each $ Mileage: miles @ _/mile $ OTHER (Copies of invoices reauired): Long Distance Calls $ Other: $ TOTAL: $ FOR THE FIRM Signed: Print Name: Title: Date: 04~COA"()1158/2e25 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) I1A , . '0..0 To: Clerk to the Board: Please place the following as a: cgj Normal legal Advertisement (Display Adv., location, etc.) D Other: ********************************************************************************************************** Originating Dept! Div: CRA Person: Jackson Date: 10114/08 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheet) Hearing before XX BCC BZA Other Requested Hearing date: OCTOBER 28,2008 (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): cgj Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: See attached. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? DYes D No If Yes, what account should be charged for advertising costs: 187/1383251649100 C,(2./\ FVI.Ji)/tJ(7 rc?,z AD Revi1ted by.; . / IJ!/lv: /0/1'1/08 Division Administratoifor Designee Date D(\V. \) L. JAC So,...J - GIZA List Attachments: Or mance Title Sheet DISTRIBUTION INSTRUCTIONS A. For heariugs before BCC or BZA: Initiating person to complete oue coy aud obtaiu Divisiou Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: cgj Couuty Mauager agenda me: to Clerk's Office cgj Requestiug Divisiou D Origiual B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE US1 p)LY: g 8 J\(] 0 Date Received: -j LJ-O Date of Public hearing: lD:'~_JJ1} Date Advertised: 1Q~O() 17,A October 14,2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amending Ordinance 2002-38: Collier County Redevelopment Grant Program Ordinance Dear Legals: Please advertise the above referenced notice on Friday, October 17,2008 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk Account #187/138325/649100 NOTICE OF INTENT TO CONSIDER ORDINANCE 17A Notice is hereby given that on Tuesday, October 28, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-38, AS AMENDED, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, PROVIDING FOR: ESTABLISHMENT BY ORDINANCE OF A MODIFIED SWEAT EQUITY GRANT PROGRAM; ESTABLISHMENT BY ORDINANCE OF A MODIFIED SHORELINE STABILIZATION GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED LANDSCAPE IMPROVEMENT GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED COMMERCIAL BUILDING IMPROVEMENT GRANT PROGRAM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 17A Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk 17.A ORDINANCE NO. 08-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO 2002-38, AS AMENDED, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, PROVIDING FOR: ESTABLISHMENT BY ORDINANCE OF A MODIFIED SWEAT EQUITY GRANT PROGRAM; ESTABLISHMENT BY ORDINANCE OF A MODIFIED SHORELINE STABILIZATION GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED LANDSCAPE IMPROVEMENT GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED COMMERCIAL BUILDING IMPROVEMENT GRANT PROGRAM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 14, 2000, the Board of County Commissioners (BCC) adopted Resolution No. 2000-83 creating the Community Redevelopment Agency of Collier County, Florida (CRA); and WHEREAS, on March 14, 2000, the BCC adopted Resolution No. 2000-82, which established and described the Bayshore/Gateway Triangle Community Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on June 13,2000, the BCC adopted Ordinance No. 2000-42 establishing the Redevelopment Trust Fund which appropriated "incremental tax revenues" for community redevelopment purposes; and WHEREAS, on June 13,2000, the BCC approved Resolution No. 2000-181 adopting a Community Redevelopment Plan for the "Community Redevelopment Area," which included the Words underlined are added; Words struck through are deleted. Page I of 6 17,. Bayshore/Gateway Triangle Community Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on July 30, 2002, the BCC adopted Ordinance No. 2002-38, the "Collier County Redevelopment Grant Program Ordinance" creating a Site Improvement Grant and Impact Fee Assistance Grant for the Bayshore/Gateway Triangle Community Redevelopment Area; and WHEREAS, on March 13,2007, the CRA approved Resolution No. 2007-55 creating the Shoreline Stabilization Improvement Grant Program and Sweat Equity Improvement Grant Program as amendments to the Site Improvement Grant Program originally established by Ordinance No. 2002-38; and WHEREAS, the Bayshore/Gateway Triangle CRA desires to establish a modified Sweat Equity Improvement Grant Program for the Bayshore/Gateway Triangle Community Redevelopment Area by ordinance; and WHEREAS, the Bayshore/Gateway Triangle CRA desires to establish a modified Shoreline Stabilization Grant Program for the Bayshore/Gateway Triangle Community Redevelopment Area by ordinance; and WHEREAS, the Bayshore/Gateway Triangle CRA desires to encourage local area water conservation and to discourage landscaping with invasive pest plants within its CRA boundaries by creating the Landscape Improvement Grant Program to provide financial and technical assistance for residential landscape improvements and general area beautification; and WHEREAS, the Bayshore/Gateway Triangle CRA recognizes that representatives of businesses located within its CRA boundaries have expressed interest in improving commercial buildings but the cost of such improvements have prevented them from doing so, and as an Words underlined are added; Words stmck through are deleted. Page 2 of 6 17A J incentive to commercial redevelopment desires to create a Commercial Building Improvement Grant; and WHEREAS, upon request of the Bayshore/Gateway Triangle CRA, the BCC desires to amend Ordinance No. 2002-38, as amended, in order to re-establish by ordinance the Sweat Equity Improvement Grant Program and the Shoreline Stabilization Grant Program and to establish a Landscape Improvement Grant Program and Commercial Building Improvement Grant Program within the Bayshore/Gateway Triangle Community Redevelopment Area using a portion of the funds in the Redevelopment Tmst Fund. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and cited as the "Collier County Redevelopment Grant Program Ordinance". SECTION TWO: Annual Appropriation. The Board of County Commissioners shall annually, during its budget process, allocate funding for grant programs from the Redevelopment Trust Fund for the community redevelopment area. The Board of County Commissions, in its discretion, may adjust the amount allocated for grant programs at any time during its fiscal year. SECTION THREE: Adoption of Site Improvement Grant and Impact Fee Assistance Grant Programs. The Site Improvement Grant and Impact Fee Assistance Grant programs are hereby adopted. A copy of said programs are annexed to this ordinance and adopted and made a part of Words underlined are added; Words slmck tBrough are deleted. Page 3 of 6 17/ this ordinance by reference. Either Site Improvement Grant or Impact Fee Assistance Grant program may be amended by resolution of the CRA. SECTION FOUR: Adoption of the Modified Sweat EQuitv Improvement Grant Program for the BavshoreJGatewav Triangle Community Redevelopment Area The Modified Sweat Equitv Improvement Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area is hereby adopted. A COpy of the program is annexed to this Ordinance as Exhibit "A" and made a part of this Ordinance bv reference. The Sweat EQuitv Improvement Grant Program may be amended bv resolution of the CRA. SECTION FIVE: Adoption of the Shoreline Stabilization Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area The Shoreline Stabilization Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area is hereby adopted. A cop v of the program is annexed to this Ordinance as Exhibit "B" and made a part of this Ordinance bv reference. The Shoreline Stabilization Grant Program may be amended bv resolution of the CRA. SECTION SIX: Adoption of the Landscape Improvement Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area The Landscape Improvement Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area is hereby adopted. A cop v of the program is annexed to this Ordinance as Exhibit "c" and made a part of this Ordinance bv reference. The Landscape Improvement Grant Program may be amended bv resolution of the CRA. SECTION SEVEN: Adoption of the Commercial Building Improvement Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area Words underlined are added; Words struck througll are deleted. Page 4 of 6 17A The Commercial Building Improvement Grant Program for the Bayshore/Gateway Triangle Community Redevelopment Area is hereby adopted. A copy of the program is annexed to this Ordinance as Exhibit aD" and made a part of this Ordinance bv reference. The Commercial Building Improvement Grant Program may be amended by resolution of the CRA. SECTION FOUR EIGHT: Adoption of the Fa~ade Grant Program for the Immokalee Community Redevelopment Area. The Fa~ade Grant Program for the Immokalee Community Redevelopment Area is hereby adopted. A copy of said program is annexed to this ordinance and adopted and made a part of this ordinance by reference. This Fa~ade Grant Program may be amended by resolution of the CRA. SECTION FALE NINE: Administration by CRA. The Board of County Commissioners delegates the administration of the grant programs to the CRA including, but not limited to, selection of recipients, contracting with owners and contract enforcement. The CRA shall approve all applicants for funding after the Board of County Commissioners allocates grant program funding for each fiscal year. The recipients of any grant funds shall be required to execute an agreement in a form approved by the County Attorney's Office for legal sufficiency and approved by the CRA. SECTION SIX TEN: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Words underlined are added; Words ~;truck through are deleted. Page 5 of 6 ~ l7A separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SEVEN ELEVEN: 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 Ordinances may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION EICHT TWELVE: Effective Date. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Marjorie Student-Stirling Assistant County Attorney 05-CMD~01233/83 Words underlined are added; Words struck through are deleted, Page 6 of 6 Page 1 of 1 17A Ann P. Jennejohn From: JacksonDavid [DavidJackson@colliergov.net] Sent: Tuesday, October 14, 200810:41 AM To: Ann P. Jennejohn Subject: FW: Grant Applications Attachments: 2009 SSG Application Final.pdf; 2009 CBIG Application Final.pdf; 2009 L1G Application Final.pdf; 2009 SEG Application Final.pdf Ann, attached exhibits, they are labeled A,B,C,D in the header of each. David Jackson Executive Director Bayshore Gateway Triangle CRA 239-643-1115 www.colliercra.com From: TroneSue Sent: Tuesday, October 14, 2008 9:16 AM To: JacksonDavid Subject: Grant Applications Sue Trone B;:_:yshore/Gateway Trianole eRA 4069 Bayshore Drive Naples. Floada 34112 Phone (239) 643-11151 Fax: (239) 775-4~56 www.colliercra.com NEW ADDRESS AS OF JULY 21, 2008! J1 please consider the envimmnent [)efore printing this ernail 10/14/2008 17A Bayshore Gateway Triangle eRA I FY 2009 ; 'i ,;;, , 'y'l<:n;,; i/I I .' \BAYSHORE , ..',. . GAT E W.' Y '.*.'E.i>;~..:;j.i . TRIANGLE m.'Hj~~'L~~, EXHIBIT A Sweat Equity Grant Program The Sweat Equity Grant Program (SEG) is a redevelopment initiative funded and administered by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) as reimbursement for materials used for exterior improvements to residential properties within the Redevelopment Area. Overview of the Program Sweat Equity Grant applications are accepted during two cycles each year: I. October I through December 30; and 2. May I through July 31. Once the grant agreement is executed, grantees have 90 days to complete work. Grantees are permitted to use SEG funds as reimbursement for the cost of materials used to improve the exterior of residential properties (buildings and surrounding area) as well as costs for delivery of materials. Total approved project costs must equal a minimum of $500; the maximum grant award is $1,000. Funds are not permitted to be used for "sweat equity," or cost for labor. This grant program is ideal for CRA residents who want to simply "spruce up" the outside of their homes. IMPORTANT: Grantees must perform a minimum of two different improvements to quality for funding. All improvements must be at least partially visible to the public, either from the public right-of-way or some other highly visible location. Grantees generally receive SEG funds in about 45 days after CRA staff visit the site and review all paperwork to verity grantee eligibility (see Required Documentation for Reimbursement below). Applicant Eligibility SEG funding is available for single-family, duplex, triplex, quadriplex and mobile home properties within the CRA. Owner-occupied and rental units are both eligible for funding. SEG funds for mobile home properties will only fund improvements to the surrounding area and not to the mobile home itself. Applicants may only submit one application per year per property. NOTE: Double-Dipping between SEG and SIG Funds "Double Dipping" between SEG and SIG funding is prohibited. Persons who have received SIGs in the past and properties that have been improved with SIG funds in the past arc subject to restrictions on the maximum funding amount they can receive for exterior improvements. For SLG recipients who have received less than $8,000 in SIG funds, they arc only eligible for SEG funds that will combine with total SIG fund awards of up to $8,000. For SIG recipients who have received $8,000 in SIG funds, they are ineligible for both SIG and SEG awards for three years from the date of the most recent disbursement. 17A ... IBAYSHORE .. GATEW..Y I. ....JP.... TRIANGLE '!Jjmjl~,-~. Bayshore Gateway Triangle eRA I FY 2009 !:,,, f<! i ',.; "c',';:"')<>) Cost Estimates For each improvement to be funded applicants must obtain a minimum of two cost estimates. The amount of the grant is determined by the sum of the lowest estimates for materials. Project Requirements Eligible Activities (Except Landscaping) Only exterior improvements are eligible for funding under this program. As such, all improvements must be at least partially visible to the public, either from the public right- of-way or some other highly visible location. Eligible improvements must do one or more of the following: (I) increase the aesthetic appeal of the area; (2) improve the functionality of the premises; or (3) remedy code violations. Projects requiring permitting are not funded through this program (funding may be available through the Site Improvement Grant). The following are examples of improvements which would be eligible for grant funding: . Installation of or repair to: . Windows; . Stucco; . Painting; . Doors; . Masonry; . Brick or textured pavement; . Shutters; and . Exterior lighting; . Any other improvement subject . Awnings; to CRA approval. Examples of other improvements which qualify for grant funding include the following: . Removal of deteriorated materials; . Driveway improvements; . Building cleaning (sand blasting / pressure washing) . Remediation of code violations; and . Any other improvement subject to eRA approval. NOTE: Projects listed below are ineligible for SEG funding: . The removal of architecturally important details; . Installation of aluminum or vinyl siding; . Projects requiring a Collier County permit; . Landscaping with unapproved vegetation or methods; . Property acquisition; . Improvements to mobile homes; . Construction of free-standing buildings (including construction of new rooms to existing structures); . Any work by contractors; . Refinancing of debt; . Non-fixed inlprovements; . "Sweat equity"; and . Improvements conunenced prior to executing agreement with CRA. 2 17A 1..iWW,JiL.H IBtAUrfGRJ .. !$!in:~~L~<~, Bayshore Gateway Triangle eRA I FY 2009 ;:> ,,,'<1 i'1!!i'1" ""., Eligible Activities: Landscaping The eRA encourages all residents within the Redevelopment Area to landscape their premises with ecologically sound plants, using ecologically sound practices as defined by Waterwise: South Florida Landscapes published by the South Florida Water Management District (SWFMD) (free copies are available from CRA upon request). Any SEG funding to be directed toward landscaping with vegetation shall only be available to reimburse grantees for the purchase of plants and trees as recommended by Watenvise. No funding shall be permitted for any plants listed on the Florida Exotic Pest Plant Council's current List of Invasive Plant Species. SEG funds may be used to remove plants and trees on the Invasive Plant Species list. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify the improvements are complete. To receive reimbursement, grantees must prove that payment for work was paid DIRECTLY to VENDORS by personal check or credit card in the name of the grantee. Under no circumstance will payment to undocumented vendors be permitted. Grantees must provide receipts or invoices with the payment amount indicated clearly. No reimbursement will be disbursed for work paid for with cash. Grantees who make landscape improvements are required to itemize all plants used in the landscaping projects and to provide this itemized documentation to CRA staff when requesting reimbursement for improvements. CRA staff will compare these lists with lists of approved landscaping from the SFWMD and follow up with a site visit to determine that approved plants have been used in the landscaping. No funding will be permitted for landscaping with invasive pest plants. Change Orders and Time Extensions The SEG program is intended to encourage do-it-yourself improvements that do not require permitting and can be performed in a short period of time. Due to the nature of these kinds of projects, there will be no change orders or time extensions permitted. 3 17A (" IBAYSHORE 1.(h..J!li. GlRU~h~ 1ll1ll((b~I!I(~, Bayshore Gateway Triangle eRA I FY 2009 < .,,''\\ Appendix A: eRA Map & Funding Summary Map: Location of Bayshore Gateway Triangle eRA Location of CRA within Collier County CRA Close-Up ",,,,,,. ~ G. ~ -I OU4" US" , + ,. IMMOKAlEEROE '.: :: i , ~ '" o + c,,,,.\ " 11IIIII CRA Roads Collier County D eRA Boundary - Major eRA Roads Water Bodies CRA Appendix-l l7A I ,',. IBAYSHORE GATEW'Y ");;;L,~,-;i: TRIANG. LE , mi~iD:lr~~L~{<, Bayshore Gateway Triangle eRA I FY 2009 "; ,,,,<,, ; , ";)'1 ":I<>;C';' E ~pp lcatlOll (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone I Alternate Phone I E-Mail Address Do you own or lease the property? I Proiect Information Describe the existing conditions of the site (attach additional sheets ifnecessarv). Outline the proposed improvements in detail (attach additional sheets ifnecessarv1. I{E()IJlRED An \CIIMLN I S FI{()!H AI'I'L1( \N f: I) Minimum OIll' estimate for all imprOH'llH'nts to hl' reimhursed. S GA r eRA STAFF: I) Attach two color photos of each project to he performed. 2) Attach Property Appraiser 10. t) Estimated cost of improvements: $ 2) Maximum grant award: $ 17A I ' IBAYSHORE . .. ii. GAT E W Y 'ill,il.~J:, TRIANGLE ..dlllll_" Bayshore Gateway Triangle eRA I; ;;;;LV; .;; 1 Li "TV; Tii':Yii '>;wl d Lessor / Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, has applied for a Sweat Equity Grant and authorize said tenant to complete the improvements listed in the Sweat Equity Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Owner Authorization Form was executed before me this day of ,200_ by , owner of the property located at who: ~ is personally known by me OR ~ who has produced as proof of identity. Atlix notarial seal Notary Public (Signature) Print Name of Notary Public Commission NOi My Commission expiresi 2 17A '~J'" I BAY S H 0 R E . "', '.' G F. T E W .' Y l..iJj"JP..i", TRIANGLE n;IIltI~,. Bayshore Gateway Triangle eRA l' "1 ,n,' .',",':,.,::;< " Grantee Commitment of Resources II we, , owner(s) I tenant(s) of the property located at , have the funding and ability to begin the site improvements listed above and have the ability to complete all improvements within one year of the approval of the Sweat Equity Grant by the Collicr County Community Redevelopment Agency. I I we further affirm that payment for all work on approved improvements will come from accounts in my lour name(s) or the name(s) of entities registered in the State of Florida which I I we have incorporated or otherwise registered with the state (verification IS required). Payment for improvements by from persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (if leased) Date Signature of Tenant (ifleased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) 3 liiiii~if i IBtAtJl~ ..dilf\!l).Y,;'!!'f<i. Bayshore Gateway Triangle eRA I" ie:' i,:! Li i ,i ;;Vi" ",':'>'1'<: >i )1<>1)'.;'::'>',:';" Grantee Project Summary & Evaluation (auach additional ,heets a,necessary) Proiect Summary Describe the improvements you made. List all vendors providing materials for this proiect with contact information. Vendor Phone Number or Address or Website Grantee Signature Date Grantee Signature Date CRA Staff: Color photos of completed project from site visit must be attached to this report. 1 17A 1....'.nn:",JlL,: IBtAU~GRJ mtilllJIL~,. Bayshore Gateway Triangle eRA I ; iiJ,,:i:';1 ;'1;\" ,-,:,-)\.; Payment Request On , the Collier County Community Redevelopment Agency approved funding in the amount of$ to cover a portion of the costs listed below through the Sweat Equity Grant program: Improvement Cost Total I hereby confirm that all items listed above have been completed as outlined in the Sweat Equity Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of$ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this day of ,200 - by , owner of the property located at , who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE FOLLOWING: (I) VENDOR/CONTRACTOR INVOICE I RECEIPT Mill (2) COPY OF CANCELLED CHECK OR CREDIT CARD V ALIDA nON TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE. 2 17Ah"fI I EXHIBIT B I l IBAYSHORE . GATEWY 1"''''Jp.., TRI.ANGLE i!!il!ll~I~"""", Bayshore Gateway Triangle eRA I : Shoreline Stabilization Grant Program The Shoreline Stabilization Grant (SSG) Program is a redevelopment initiative funded and administered by the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) as partial reimbursement for installation or repair for shoreline stabilization improvements such as rip-rap, bulkheads, or seawalls. Overview of the Program The CRA encourages everyone with property located on Haldeman Creek to maintain a stabilized shoreline, slowing the rate of sedimentation in the canals. Owners and tenants of residential and commercial properties along Haldeman Creek within CRA boundaries are eligible to receive SSG funding for shoreline improvements. The SSG Program funds only installation of or repair to rip-rap, bulkheads, or seawalls. Grantees are required to contribute a minimum of 50 percent of project costs with a maximum award of $5,000. Grantees have twelve months from the date of CRA approval to complete shoreline improvements. All improvements must be approved by the CRA before grantees commence improvements-no funding will be awarded for work commenced prior to CRA approval. Funds are disbursed after the completed improvements are approved by CRA staff as reimbursement. Applicant Eligibility Owners and tenants ofresidential and commercial properties on Haldeman Creek may apply for SSG funding. Properties ("property" is defined by parcel ID number through Collier County Property Appraiser) receiving SSG funding for improvements are eligible for only one award for the life of the program. Bids for Work Grantees must obtain a minimum of two cost estimates from contractors listed in the Collier County database of actively licensed marine seawall and dock construction contractors which can be found online at http://apps2.colliergov.nct/wcbapps/visioJ]/Con CerVdcfault.asDx. Bids from contractors not listed in this database will not be accepted for the SSG program. No funding will be awarded for "do-it-yourself' improvements or to subcontractors. The amount of the grant will be determined by the lowest bidding contractor for each improvement though grantees may actually use any licensed contractor from the database. Permitting Most contractors handle permit applications and the CRA strongly encourages grantees to give careful consideration with regard to permitting. Applicants who wish to procure permits on their own must first apply through the US Army Corps of Engineers at P.O. Box 4970, 701 San Marco Boulevard, Jacksonville, Florida 32232. Applications are available online at www.usacc.am1V.mil. 17A c,. . \BAYSHORE . . ... GAT E W .' Y IH!iH~,0i TRIANGLE l!il;!ioi~I\tL_< Bayshore Gateway Triangle eRA I ~:;""> Fj, ' ;' L>'i i'-:' it >i::;<H ;';c ,:,;;t>;: After obtaining the appropriate permit above, applicants must apply for a permit through the Florida Department of Environmental Protection: FDEP South District, 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33902. Applications are available online at \VW\v .tieD.state. fl. us/\\- atcfl\vetlands/ erp/ J()rms.htm. Upon receiving the above two permits, applicants must apply for a permit from the Collier County Permitting Department at 2800 North Horseshoe Drive, Naples, Florida 34104. Project Requirements Eligible Activities Only the installation of or repair to rip-rap, bulkheads, or seawalls is eligible for SSG funding under this program. No portion of SSG grants may be used to reimburse the grantee for construction of or repair to docks or other related amenities. Grantees who wish to construct improvements not funded through this program are encouraged to inquire about other grant programs offered by the CRA. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify that the improvements are complete (this includes review of necessary permits). To receive reimbursement, grantees must prove that payment for the work was paid DIRECTLY to ACTIVELY LICENSED CONTRACTORS LISTED IN THE ABOVE DATABASE by personal check or credit card in the name of the grantee. Under no circumstance will payment to subcontractors or unlicensed contractors be reimbursed. Grantees must provide receipts or invoices with the payment amount clearly indicated clearly along with cancelled checks and/or credit card validations. No reimbursement will be disbursed for work paid for with cash. Change Orders and Time Extensions Change Orders to Increase Funding After the SSG agreement is executed, if a grantee discovers previously undiscovered flaws in the shoreline a change order may be issued to increase funding not to exceed the maximum award available. Change orders must be requested in time for staff to process the request and secure approval. IMPORT ANT: Change orders cannot be processed within the last two weeks of the grant period. Time Extensions The CRA understands that redevelopment projects can take more time to complete than is originally anticipated. For grantees who cannot complete their projects within one year, time extensions may be granted. Grantees needing extensions must request the within two months of grant expiration. No extensions can be granted within the last two weeks of the grant period. IMPORTANT: Grantees must verify that some activities associated with the improvements have been performed at least six months after execution of the agreement. 2 17A Bayshore Gateway Triangle eRA I :>"n' :]"::,: ;i-:>'- ,,-., tl IBAYSHORE .... GATEW'.Y IHH"~W TRIANGLE illW.Om!1X'l~",. Appendix A: eRA Map & Funding Summary Map: Location of Bayshore Gateway Triangle eRA Location of CRA within Collier County CRA Close-Up Q.# : u. ~ ,,~ , + tCRA Roads C~I_I_I~_r .coun~ 'MMOKA'oERDE 'I' ~:~ l ! ~ '" II~ o I; u.s., o eRA Boundary - Major eRA Roads Water Bodies CRA Appendix-l 17 A I ,", IBAYSHORE "". GATEW,Y ,'iiill.iF'''" ,it.. TRIA N G L E ....,tt1"rimlrtl;~<~, Bayshore Gateway Triangle eRA I :;;i ,., ", SSG ApplicatIOn (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone I Alternate Phone I E-Mail Address Do you own or lease the property? I Pro' ect Information Describe the existing conditions of the site (attach additional sheets ifnecessa ). RFQlIlREI) ATTACIIMF'iTS FROM API'UCA'iT: I) One ('slimalt' l'aeh from T\VO contral'fors!n.'ndor, for each pro.it'cl.l hc<..,L' cuntractor" i\lUST be liskd ill the onlille d~ltahasc 1111 ):,] -, ls"',L'olliL'r12ov.Ill'1 '\\L'b;l -, 1S \'isioll( 'Oll( ',,-TtdcfauII.;IS 1\ 2) Non-l{l'sidt'ntial Applicants: rop~' of on'upatiollallircnSl'. eRA STAFF: 1) Attach two color photos of each project to be performed. 2) Attach Property Appraiser 10. 1) Estimated cost of improvements: $ 2) Maximum grant award: $ 17A " IBAYSHORE .... . GAT E W . Y I......v~,... TRIANGLE Id!II-IIL","'!'!!',. Bayshore Gateway Triangle eRA I (i;i, ii>1>:'" c', (' (, ,/1 ;>:;;I>:1',';i'" Lessor / Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, has applied for a Shoreline Stabilization Grant. I authorize said tenant to complete the improvements listed in the Shoreline Stabilization Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Owner Authorization Form was executed before me this day of ,200_ by , owner of the property located at who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 2 17A I ,,' IBAYSHORE '. "" GAT E W" Y . ."""",:J.I. .,,, T R I A N G L E , !~htfiM!,;~{<" Bayshore Gateway Triangle eRA I ;:;' 'L" ,'Ck;,.J>>,j Applicant Commitment of Resources I I we, , owner(s) I tenant(s) of the property located at , have the funding and ability to begin the shoreline improvements listed above and have the ability to complete all improvements within one year of the approval of the improvement grant by the Collier County Community Redevelopment Agency. I I we further affirm that payment for all work on approved improvements will come from accounts in my lour name(s) or the name(s) of entities registered in the State of Florida which I I we have registered with the state (verification is required). Payment for improvements by persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (ifleased) Date Signature of Tenant (ifleased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) 3 1 7 A r,,,. I ,.,', IBAYSHORE . '. GATEW.Y ~';iEi:i;;~:i;, T R I A N G L E ..!!1dm~X'J"1!' Bayshore Gateway Triangle eRA '>0" "",>, ;:h;:1 ,'.:' ';;r p, .. Grantee Project SUmmary & Evaluation (attach additional shects as necessary) Proiect SUmmary Describe the kind of shoreline stabilization improvement performed. List all vendors / contractors providing materials or services for this project with contact information. Vendor I Service Provider Phone Number or Address or Website Grantee Signature Date Grantee Signature Date eRA Staff: Color photos of completed project from site visit must be attached to this report. I ," IBAYSHORE ,;..,.~.. GAL\\fGd .'l:aiidi~f't~~c' . 171 Bayshore Gateway Triangle eRA ",',' iFd"" i,Ti!r" 'iF"r,;'\ Payment Request On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Shoreline Stabilization Grant program: Improvement Cost Total I hereby confirm that all improvements listed above have been completed as outlined in the Shoreline Stabilization Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of $ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this day of ,200 - by , owner of the property located at ,who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE FOLLOWING: (I) VENDOR/CONTRACTOR INVOICE I RECEIPT ~ (2) COpy OF CANCELLED CHECK OR CREDIT CARD VALIDATION TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE. 2 17A I EXHIBIT C I I ,', IBAYSHORE " ..... G i\ T E W< Y '/i.::i:."...A,' .....<J:. T R I t" N G L E ~!llirlil~~, Bayshore Gateway Triangle eRA 1 i i>.:':i':';",J' ;"1,';,';' i(':.:r':' Landscape Improvement Grant The Landscape Improvement Grant program (LlG) is a redevelopment initiative funded and administered by the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) as partial reimbursement for specific improvements to residential landscapes within the Redevelopment Area. Overview of the Program The CRA encourages everyone within the Redevelopment Area to landscape their premises with Florida-friendly techniques as defined by A Guide to Florida-Friendly Landscaping published by Florida Yards & Neighborhoods (FYN). Additionally, the CRA promotes using plants recommended for the area in Waterwise: South Florida Landscapes by the South Florida Water Management District (SWFMD). To this end, the LIG program is intended to be a redevelopment tool which will beautify the area with landscaping strategies that are ecologically sound for the area. Residential properties located within the CRA boundaries may be eligible to receive LIG funding for approved projects. The LIG program funds shall be used only for the purchase of materials and landscaping services directly related to vegetative landscaping. The program requires applicants to contribute a minimum of 50 percent of total project costs. The maximum dollar award under this program is $2,500. No funds may be used to pay for automatic irrigation systems, services oflandscape architects, fountains, statutes, fences, pavers or other ancillary expenses (some of these expenses might be covered through the Site Improvement Grant). Projects must be completed within a year from the date of approval. In order for a project to qualify, some portion of the landscape must be visible to the public, either from the public right-of-way or some other highly visible location. Through a partnership between the CRA and Collier County Extension Services, a Master Gardener will be available to (l) assist applicants in planning the landscapes, (2) review applications to ensure compliance with good landscaping practices, and (3) review completed projects. Furthermore, grantees are invited to call on the Master Gardener at any time during the process for project assistance. Grantees generally receive LIG funds in about 45 days after CRA staff and a Master Gardener trom Collier County Extension Services have reviewed the rcquired paperwork and conducted a site visit to verify grantee eligibility. Applicant Eligibility Owners and tenants of single-family, duplex, triplex, quadriplex and mobile home residential properties may apply for L1G funding for landscaping improvements. Applicants may submit only one application per County Property Appraiser folio number per year. No parcel may receive LIG funding more than once for the lifetime of the program. I 17A II .. IBAYSHORE L; ," G AT E Wi Y .",;i;i;i"~. .;i;, . TRIANGLE mmFJ~~<;~:, Bayshore Gateway Triangle eRA I <,." t 'j i;r "'I i "1'<' T>,,'i"'" Bids for Work Applicants performing CRA-approved work themselves are required to provide a written cost estimate for all plants/trees, fertilizers, necessary tools, and mulch. The name and contact information for the vendor consulted for the estimate must be included. Names of all plants and trees to be included in the landscape and costs for removal of all exotic plants and trees must be included in the estimate. Applicants who will use landscape services to assist with landscaping must obtain a minimum of two official bids for comparable work. Grant funds will be determined by the sum of lowest bidding landscape servicers and/or price estimates for plants. Ineligible expenses for LIG funding: . Services by landscape architects; . "Hardscape" features such as pavers, fountains, fences, etc.; . Purchase and/or installation of automatic irrigation systems; . Purchase or planting of invasive vegetation listed by the Florida . Exotic Pest Plant Council's current List ofInvasive Plant Species; Property acquisition; Refinancing of debt; "Sweat equity;" and Improvements commenced prior to executing agreement with CRA. . . . Please note: LIG funds will not be released to any applicant whose property is landscaped with vegetation on thc Florida Exotic Pest Plant Council's current List of Invasive Plant Species. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify the landscaping improvements have been completed according to the stipulations of the LIG program. CRA staff generally will consult with the Master Gardener from Co llier County Extension Services when making determinations for funding. To receive reimbursement, grantees must prove that payment for work was paid DIRECTLY to VENDORS or PROFESSIONAL GARDENING SERVICE PROVIDERS by personal check or credit card in the name of the grantee. Under no circumstances will undocumented expenses be reimbursed. Grantees must provide receipts or invoices with the payment amount clearly indicated. No reimbursement will be disbursed for work paid for with cash or to unidentified payees. 2 Bayshore Gateway Triangle eRA I L>i'i ; . ,~, \BAYSHORE -" ... GAT E W ... Y "~'.".'J!I.; t T R I A N G L E iililllilll'lllxc"""', I'H'" """"''1]'''' ;f!' ;>;:.;:,,>>:L;; Appendix A: eRA Map & Funding Summary Map: Location of Bayshore Gateway Triangle eRA Location of CRA within Collier County ,'lfl' ; G ~ ,,- 'MMOKAIFEROE I ! ~ "^ , + l__ "S., _CRA Roads Collier County CRA Close-Up 1;:<1 <. , + I::J CRA Boundary - Major eRA Roads Water Bodies CRA Appendix-! 17A 17A I 'j IBAYSHO~E ."HH~ii GlRUrfGL~ ...!e:a>rl:i~,~<,<, Bayshore Gateway Triangle eRA I ; I. .,(1..;.,(<;' :\1,,>" LIG Aoolication (Detach and submit to CRA office.) Grantee Name Grantee Address Site Address Daytime Phone Alternate Phone E-Mail Address Do you own or lease the property') Proiect Information (attach additlOnal sheets if necessary) Describe the location for the landscaping (e.g. front yard, along a canal). Do you want to remove any existing landscaping? Explain. Do you have automatic Yes I I f yes, describe the T inigation current! v? No condition of the system. List your goals with your landscaping (e.g. bcauti fication, attract butterflies, etc.). Include all landscaping improvements you would like to perform. LIG Applicant A!!reement to Sound Landscaping Principles The Bayshore Gateway Triangle has partnered with Collier County Extension Services and Naples Botanical Garden to assist with managing the Landscape Improvement Grant (LIG). All LIG recipients arc required to adhere to the guidehnes as presented in Watenvise: South Florida Landscapes published by the South Florida Water Management District and A Guide to Florida-Friendly Landscaping published by Florida Yards & Neighborhoods. All grantees are required to consult with a Master Gardener from Collier County Extension Services by calling Cathy Feser at (239) 353-4244. With the Master Gardener, grantees wlll assess conditions for landscaping and develop a plan for maintenance. The Master Gardener will make a minimum of two site visits: during the first visit, the Master Gardener will analyze site conditions to assist grantee in planning improvements; the second visit occurs after improvements are complete and Master Gardener ensures that improvements arc consistent with those landscaping principles intended for use by the LlG program. Note: the LTG prohibits invasive pest plants. All existing invasive pest plants MUST be removed in order to qualify for funding (grant funds cover this expense, matching requirements must be met and associated expenses are included in the funding maximum of $2,500). During the grant period, grantees are encouraged to call the eRA and LIG partners for consultation. By signing below, the applicant verifies having read and understood the above tenns and agrees to meet all requirements of the LlG program. Grantee Signature Date 1 171 I ,'. IBAYSHORE , GATEWY ..F'. Jll..;, TRIANGLE mm;l~~rnJ}/~,<, Bayshore Gateway Triangle eRA I ! "i "i',;i Lessor I Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, has applied for a Landscape Improvement Grant. I authorize said tenant to complete the improvements listed in the Landscape Improvement Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Owner Authorization Form was executed before me this day of ,200_ by , owner of the property located at who; _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 2 1 7 A .Il'i Bayshore Gateway Triangle eRA I :,," '<'" ;'in C\';:..,-:'I'>"'" ",: ,'\(.,!,i'.;, "'L'~j " IBAYSHORE ..., ... GAT E W .. Y I. <liil"'".',;, TRIANGLE ~D'I~;<'!!Il',.. ADDlicant Commitment of Resources 1/ we, , owner( s) / tenant( s) of the property located at , have the funding and all other capability necessary to begin the landscaping improvements listed above and have the ability to complete all improvements within one year of the approval of the improvement grant by the Collier County Community Redevelopment Agency. l/we agree to maintain the landscape in such a manner that is consistent with the principles explained in Waterwise: South Florida Landscapes and A Guide to Florida-Friendly Landscaping. I / we further affirm that payment for all work on approved improvements will come from accounts in my / our name(s) or the name(s) of entities registered in the State of Florida which I / we have incorporated or otherwise registered with the state (verification is required). Payment for improvements by from persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (ifleased) Date Signature of Tenant (ifleased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) 3 .c IBAYSHOR) 7 A c. ... . GAT E W ... Y Ic..,......JP..,.. TRIANGLE ia:liid~PIL~<, Bayshore Gateway Triangle eRA I LT' ' ,..../P I:i ,,'i' /, r' <,,;1 H>,<l" Grantee Proiect Summary & Evaluation (attach additional sheets as necessary) Proiect Summary List all plants and trees planted in the oroiect. List all vendors oroviding: materials or services for this oroiect with contact information. Vendor I Senrice Provider Phone Number or Address or Website List special techniques or practices used for this project (e.g. organic worm castings for fertilizer, xeriscaping:, etc.)" Please explain. Grantee Signature Date Grantee Signature Date eRA Staff: Master Gardener Report and color photos of completed project from site visit must be attached to this report, 17A Bayshore Gateway Triangle eRA 1 i, :;, .!" , '1''' ' 'I" "'<Ii,>;!' I Cd IBAYSHORE i;':., G 1\ T E W" Y .."...!Fi>i"', '11,1; ( TRIANGLE i:!ii.D. ./t~.,. "!",fT,,; ,,,:,u<! Payment Request Form On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Landscape Improvement Grant program: Improvement Cost Total [ hereby confirm that all items listed above have been completed as per the Landscape Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of $ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this day of ,200 - by , owner of the property located at ,who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 2 17 A EXHIBIT D I " IBAYSHORE .J '. GAT E W .. Y . ....::.~.., '. TRIANGLE !!Id~~"Zi'i'1'" Bayshore Gateway Triangle eRA I ;: "F" ~ ') >1<1 ,;, ," !ri:''''; ,. 'i"i ''''ie'lt in" Commercial Building Improvement Grant Program The Commercial Building Improvement Grant Program (C-BIG) is a redevelopment initiative funded and administered by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) as partial reimbursement for exterior and interior improvements to commercial buildings within the Redevelopment Area. Overview of the Program Most owners of commercial properties or businesses located within the CRA boundaries may be eligible to receive C-BIG funding. Not-for-profit, 501 (c) (3) and other private entities such as churches, etc., are not eligible for C-BIG funding but may be eligible for grants through the Site Improvement Grant program. The C-BIG program funds both exterior and interior improvements to qualified commercial buildings in the CRA. Funding for interior improvements is contingent upon grantees performing exterior improvements earning the maximum funding under the C- BIG program. All interior and exterior improvements must be approved by the CRA prior to commencing any C-BIG-funded projects. All exterior improvements must be visihle to the puhlic, either from the public right-of-way or some other highly visible location. Grantees generally receive C-BIG funds in about 45 days after CRA staff visit the site and review all paperwork (see Required Paperwork for Reimbursement) and verify grantee eligibility. Applicant Eligibility Applicants must own a business or a commercial building within the Redevelopment Area (See map in Appendix A). Eligibility criteria are as follows: . Applicants who are business owners must have a valid occupational license at the time of application. . Business owners who rent the building or unit space where their businesses are located must secure a signed Owner Authorization Form (attached) from the building owner to construct improvements. . Business owners who rent the building or unit space where their businesses are located are stronglv encouraged to have a lease guaranteeing a fixed rent for 24 months from the time the grant is approved. . For applicants who own commercial buildings with tenant(s), leases for all tenants must reflect that rents are fixed for a period of 6 months with submission of Project Summary Report in order to receive reimbursement. Applicants may submit only one application a year. A business site-defined as the address of business location-may receive up to three C-BIGs, not to exceed the maximum allowable amount in effect at the time of the first application, subject to availability of funds. Once a business site has received its maximum funding, it is no longer eligible for further C-BIG funding for the remaining life of the program (subject to 17A r'J . IBAYSHORE GATEW'Y Id!!U...Jp....r. TRIANGLE S!S!D.~~~c Bayshore Gateway Triangle eRA I ; ;.; ii'j(,.<::i:!1 ;,'1i1;>' "Ii' "0" . 'll en' i;/I'< Hi" CRA funding availability). This rule also applies to applicants in the same way: one applicant may receive up to three C>BIGs up to the maximum amount permitted at the time of the first application. Bids for Work For each type of improvement to be funded, applicants must obtain a minimum of two bids by contractors from the list on the Collier County Contractor's Search page, located at htlD:!/apps2.colliergov. net!wcbapps!visionICon('ert/defuult.aspx . Bids from contractors not listed in this database will not be accepted for the ('-BIG program. The grant amount will be equal the sum of the lowest bids (not to exceed $70,000) by all contractors for each improvement though any contractor listed in the above database may be used. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify the improvements are complete (this includes review of certificates of occupancy and/or permits from Collier County). To receive reimbursement, grantees must prove that payment for the improvements was paid to contractror(s) listed in the above datase by personal check or credit card in the name of the grantee. Under no circumstance will payment to unlicensed contractors or subcontractors be reimbursed. Grantees must provide receipts or invoices with the payment amount indicated clearly. No reimbursement will be disbursed for work paid for with cash. Project Requirements Exterior Improvements In order to be approved, exterior improvements must result in one or more of the following: (I) increase in the aesthetic appeal of the area; (2) improvement to the functionality of the premises; (3) remedy of structural problems or code violations or (4) aid in business operation. The grantee will be reimbursed for exterior improvements at a 50 percent match, up to a maximum award of $30,000. The following are examples of improvements eligible for grant funding. Installation of or repair to: . Stucco . Doors . Brick or textured pavement . Exterior lighting . Awnings . Windows . Stormwater enhancements . Painting . Masonry . Landscaping (may require installation of irrigation) . Shutters . Electrical work related to cxterior lighting . Signs . Fencing . Roofing . Any other improvements subject to CRA approval. 2 17A II') IBAYSHORE , . '.' G f\ T E W" Y .' ''1<;';;';:'; ~ ..... ';1;. T R I ,A, N G L E ~~.. iY"f'!!'.., Bayshore Gateway Triangle eRA I C ,.,.; (;';'1<; Examples of other improvements which qualifY for !,'Tant funding include the following: . Removal of deteriorated materials . Enhancement of access (e.g. . Installation of Old Florida & other whee lehair ramps) bonus architectural details (See . Demolition required to build a new Appendix B) entrance to a building . Parking lot improvements . Remediation of code violations . Building cleaning (sand . Architectural/engineering services blasting/pressure washing) . Landscaping' . Courtyard and outside dining design . Any other improvements subject to and development CRA approval. *Landscaping with invasive pest plants listed by the Florida Exotic Pest Plant Council is strictly prohibited (this list available from CRA). Landscaping techniques as outlined in Waterwise: South Florida Landscapes, published by the South Florida Water Management District is encouraged; free copies of this manual are available at the CRA office. Special assistance for landscaping is available free of charge through Collier County Extension Services. Contact a master gardener by calling (239) 353-4244. NOTE: Projects listed below are ineligible for C-BIG funding. . The removal of architecturally important details; . Installation of aluminum or vinyl siding; . Improvements commenced prior to execution of agreement with CRA; . Purchase or installation of statues or fountains; . Property acquisition; . Any work by non-licensed contractors; . Construction of free-standing buildings (including construction of new rooms to existing structures); . Refinancing of debt; . Non-lixed Improvements; and . Sweat equitv. Interior Improvements Grantees who wish to improve the interior of approved commercial properties may be reimbursed for that work through the C-BIG program only if they earn the maximum dollar award for exterior improvements. Interior projects must be approved at the same time as exterior projects and will be reimbursed at a 50 percent match, up to a maximum award of $20,000. A grantee who fails to perform enough exterior improvements to earn the maximum grant amount will forfeit all reimbursement for interior improvements. All documentation requirements for exterior improvements also apply to interior improvements (see Bids for Work and Required Documentation for Reimbursement above). 3 17A "I' IBAYSHORE -. Gf\TEW..Y I. .lllil..J!L.;I, . TRIANGLE f!ljt!l;!i,l~y~> Bayshore Gateway Triangle eRA I r. 'i""" ,.:....,...., . ,;,." :(<,i The following is a complete list of qualified interior improvements . Asbestos removal . Lighting improvements . Paint . I mprovements necessary for . Electrical work to meet code ADA-compliance requirements . Flooring upgrades and . Plumbing to meet code replacement requirements . Ceiling upgrades or repair. . Termite damage repair No other interior improvements will be approved for funding. Change Orders and Time Extensions Change Orders to Increase Funding After a C-BIG ab'feement is executed, if a grantee discovers flaws in the building related to approved exterior or interior improvements, a change order may be issued to increase funding not to exceed the maximum award available. Change orders must be requested in time for staff to process the request and secure approval (allow a minimum of one month prior to expiration of grant). IMPORTANT: change orders cannot be processed within the last two weeks of the grant period. Upon successfully completing work under the original C-BIG, grantees must wait one year and may then apply for additional funding for work unrelated to the original improvement[ s]. Time Extensions The CRA understands that redcvelopment projects can take more time to complete than is originally anticipated. For grantees who cannot complete their projects within one year, time extensions may be granted. Grantees needing extensions must request the extension within two months of the grant's expiration. Note: no extensions can be granted within the last two weeks of the grant period. IMPORTANT: Grantees must verify that applications for permits were submitted to Collier County within four months after execution of the grant agreement and that construction of improvements commenced within six months after execution of the grant agreement. Funding Levels and Matching Requirements Base Funding The base maximum grant award is $50,000 with the following breakdown of funding: I) $30,000 in 50/50 matching funds for exterior improvements; 2) $20,000 in 50/50 matching funds for interior improvements -absolutely no funding for interior improvements will be permitted if grantee does not perform a minimum of $60,000 of exterior improvements. 4 .'nn*n I B tAU~VJ !Illtill~$L~" Bayshore Gateway Triangle eRA I c' ':'i" or,'" ,'I L'j',';"'>" (. i':; , +nr; ern ,,1',,;'11 " .;;;;;; h)t;:", Bonus Funding Allowances Soecial Allowance ror Architectural and/or Enf!ineerim! Services: Ten-thousand dollars ($10,000) in non-matching funds for architectural or engineering consultation is available for grantees whose projects earn maximum base funding. Original drawings with raised seals must be presented to CRA staff for verification purposes with the Project Summary Report after improvements are completed. These documents will be returned to grantee after verification is confirmed. Soecial Allowance ror "Old Florida" and Other Bonus Architectural Details: Grantees who incorporate "Old Florida" or "Florida Cracker" or other bonus architectural styles (See Appendix B for details) may qualifY for up to a $10,000 no-match bonus if the grantee qualifies to receive the maximum $60,000 award amount. To qualifY for this bonus, grantees must incorporate enough elements to achieve a minimum of 150 points based on the point values of these bonus architectural styles as detailed in Appendix B. 17A " 5 17Al,j/ .. IBAYSHORE I'i';'';~.;i.. GAU~GL~ ,llIdl~['<'!'!l', Bayshore Gateway Triangle eRA I .., ;' .,/; .. "(><.4PT'-"'" .. "'FJi' Appendix A: eRA Map & Funding Summary Map: Location of Bayshore Gateway Triangle eRA Location of CRA within Collier County CRA Close-Up ~<f'.. ~ 0'<-.' 5 '"~ , I ! , , ," 17\ ~ " + IMMaK.OlEfR9E (Is" " + L - :~OO"". c,,( '. -, I I --~ D eRA Boundary - Major eRA Roads Water Bodies eRA Funding Summary Funding Type CRA Amount Applicant Match EXTERIOR PROJECTS, Base Level $30,000 MINIMUM $1- TO-$I Funding INTERIOR PROJECTS $20,000 MINIMUM SI-TO-$1 Architectural/Engineering Consultation S I 0,000 NO MA TCH REQUIRED Bonus for Old Flonda & Other $10,000 NO MATCH REQUIRED Architectural Details Appendix -1 17 A ,..; . IBAYSHORE Gf\TEW'Y 1,,;::;.i!L.n.. TRIANGLE ff!l111'jJL~" Bayshore Gateway Triangle eRA I i H,;" ;"":Crt ;[,N"')" ':)>;",1 Appendix B: Examples of Old Florida & Other Bonus Architectural Desi n Details A~ ~o-~$'~ Description of Architectural Detail Embellishments I Architectural Details 5 Embellishments such asfountams or pergolas (butexclurj'ng bench es) are installed atthe front of builrj,ng facing the Slreet or othe rareafrequentlyaccessedby the publiC, such as patio dining areas. (These embellishme~ts do not quallf, ~Ol L1G fundil1g. but,:;.'~I! be considered lor award of bonus funding) 5 LDadiflgand service areas are localed ,n rear of building -.- 2 AJr conditioning, oltler mechanical equipment. and trash dumpsten are screened and buffered to cDntrol advt'rse sound and visual impacts. Screening is provided bynO,,"lnvaslVe landscaping or other COrlstruCtlon Facade Details 10 Fa~ade wall building materials ,hall be rJfWllOd, hardlboard, cement board, (Qr other material with wooden appearance) or natural stone finish 10 Attached buildtng aWrllr1gs, canopies, or balconies s~lade pedestrian walkways - --- 10 VVindCtwswithvert<CalorientationandtheappearancrofdivitJedglasSlrim 10 Front of bUlldlng has a porch with wood Of hardlbDard (or other matenal with wooden appearance) facade and shading from metal roof - 8 No large blank walls face the street 5 BUlld.nglncludesbaywind~sl 5 Awnings afe coordinated WIth common style. color. and support elements 3 Any blank extenor walls viewable from the public-rtght.of-way or olher area frequently accessed by the public are treated vo.ith trellises, planters, or other human scale architectural elements 2 Thrrty'-five percent of the buildingfa~ade along Bayshore Drive WIll be clear glass 2 Garage doors are not visible from the street Building I Site Orientation is The building design incorporates open space for public use, such as a park (park must be constructed with public. use ameMies such as berlches, play sets fountalrlS,etc] 10 The principal pedestrian entrance faces the road - 10 Building IS oriented to allow use of common driveways - 10 The bUilding design irlcorporates open space for public use, such as apark,and is shared\'i1th adjacentpropertv Parking Lot '5 Parking area is localecl behind building :5 Parkinglot.lo~atedbesldethebuilding,lsusedbvusersofaclJacempropenlesthroughlnlerconnectecldriyewayaccess __n 5 Parking lots visible 'rom the street are Shielded by landscaping With vegetatlorl not listed as irwasive plant species by ltle Flonda Exotic Pest Plant COUnCil Pedestrlan-ScaJe Design 10 Pedestrian walkways are separatectfrom yehir.ulartrafhc by IJrldscaprng, gradmg, [lr use of ~Iternatrve paving material, such as payers -. 5 Thebuoldlngmcorporatespedestnan-scatedllghttixtures .-. -- 5 Pedestrian walkways are shaded by yegetation nQtlisted as InYasiye plant species by the Florida Exohc Pest Plant Council Roof 20 Building has a metal gabled roof. provided in "MIII"fimsh (natural alumlnulTlL not colored Appendix -2 17 A I..";;;;;;;~.t.;; ,IBtAU:GU .J:!"diIIlIIL~,. Bayshore Gateway Triangle eRA 1 F '( "!: :';; (',' '';:11'')<' :;1vii n<' i""i>> /I<rr ' '!' 'Ii:> ,/ ;-;,U ':x' C-BIG Application (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone Alternate Phone E-Mail Address Do you own or lease the property? I I Occupational License No. I (if applicable) Project Information Describe the existing conditions of the site (attach additional sheets if necessary). Outline the proposed improvements in detail (attach additional sheets ifnecessarv). IU ()l IRIIl \ I I \( II~II N IS HHl\l \1'1'(,)( \N I: 1) Om' l'stimatt' cadi 1'1011I 1\\ () ((lilt! ,ll'lm s lor {',H.'II pI Ull'ft. I hese Clllllldllllj,> '1l S I be Ihtcd III the olllll1\..' (l.l!.lb,I'C~ 2) Busilll"S O\\I1CI"S: ('up." 01 O('{'UIl.ltlnnal hnllsl'. 1) Attach two color photos of each project to be performed. 2) Attach Property Appraiser !D. eRA STAFF: Estimated cost of improvements: Maximum grant award: $ $ 1 17A . ,', IBAYSHORE ,< .. GATEWiY "'i~W'~'J> TRIANGLE m...dll''1L~" Bayshore Gateway Triangle eRA I """';('\T: 'i)>>' Lessor / Owner Authorization for Improvements I, , owner ofthe property located at , understand that , who has a valid lease for the above listed property, authorize said tenant to complete the improvements listed under Section 2 of the completed Commercial Building Improvement Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Lessor I Owner Authorization Form was executed before me this day of ,200_ by , owner of the property located at who: ~ is personally known by me OR ~ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 2 17A Bayshore Gateway Triangle eRA I;: ',' ,. :;:LJ' ,- """-'TT>" -" ::C:),Ti /;., '-;ii: ';,'<iJ"" IBAYSHORE GATEW"Y ~.";jL TRIANGLE , .>7!"r,<, Applicant Commitment of Resources I / we, , owner( s) / tenant( s) of the commercial property located at , have the funding and all other capability necessary to begin the site improvements listed above and have the ability to complete all improvements within one year of the approval of the improvement grant by the Collier County Community Redevelopment Agency. I / we further affirm that payment for all work on approved improvements will come from accounts in my / our name(s) or the name(s) of entities registered in the State of Florida which I / we have incorporated or otherwise registered with the state (verification is required). Payment for improvements by from persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (if leased) Date Signature of Ten ant (if leased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) 3 17A Bayshore Gateway Triangle eRA 1'<' 'Fr':"i<i/!<<'}, '1'".' I~;,~J;, IBtAU~GU ,l!IRL_,. . "I <<HiI:':!"i g, P~J\T(;\C"" ~~,'q: I" Grantee Proiect Summary & Evaluation (attach additional sheets as necessary) Proiect Summary Describe the improvements made. List all vendors / contractors nrovidinQ materials or services for this project with contact information. Vendor / Service Provider Phone Number or Address or Website Grantee Signature Date Grantee Signature Date CRA Staff: Color photos of completed project from site visit must be attached to this report. 47A Bayshore Gateway Triangle eRA I <^ i !", "r,.'" ".;."..,;., lih::~:: . I BtA1tfGU lliuIML~,. ".,.; "iF>1i 1.1'"K (^i '\'/>>" ;,., Payment Reouest On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Commercial Building Improvement Grant program: Improvement Cost Total I hereby confirm that all items listed above have been completed as outlined in the Commercial Building Improvement Graut application submitted to the CRA and authorized by the CRA. Therefore, I au1 requesting the approved funding in the total amount of $ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this day of ,200 - by , owner of the property located at ,who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: Mv Commission expires: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE FOLLOWING: (I) VENDOR/CONTRACTOR INVOICE I RECEIPT AND (2) COPY OF CANCELLED CHECK OR CREDIT CARD VALIDATION TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE. 2 17 A 111 Hello, Please advertise the attached on Friday, October 17, 2008. Thank you, Ann Minutes & Records Department 252-8406 Ann P. Jennejohn From: Sent: To: Subject: Attachments: ~1 ~ ATT48546.txt (231 :RA Grant Program B) Ordinance postmaster@collierclerk.com Tuesday, October 14, 2008 1 :35 PM Ann P. Jennejohn Delivery Status Notification (Relay) ATT48546.txt; eRA Grant Program Ordinance I-:--.~~I L::.J This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17A:'II\ Page 1 of 1 171 ~,q r, Ann P. Jennejohn From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Tuesday, October 14, 2008 2:45 PM To: Ann P. Jennejohn Subject: RE: eRA Grant Program Ordinance OK ...________.__~____~__~_n__________.___.._~.______m____._..__.._,____~__.__ .____._..______.__.____. ___"___H__'__,_,~__,___,~__,______,________,_,__,,__ From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierderk.com] Posted At: Tuesday, October 14, 2008 1:35 PM Posted To: Legals - NDN Conversation: CRA Grant Program Ordinance Subject: CRA Grant Program Ordinance Hello, Please advertise the attached on Friday, October 17, 2008. Thank you, Ann Minutes & Records Department 252-8406 10/14/2008 ,-~--~_.,~".--~--""-,-"~,,--,,,"""'~"-'~-----~-'-'--..-......,.. 17A Ann P. Jennejohn From: Sent: To: Subject: Attachments: rl UAS26DB.jp9 (89 KB) Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 14, 20084:35 PM Ann P. Jennejohn Ad Confirmation UAS26DB.jpg AD FOR OCT. 17, 2008 Emely 213-6061 Ad Number Total Ad Cost 1746330 $362.40 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on Tuesday. October 28.2008, 'In the Bo<\rd 1'00111. 3rd Floor. Administra- tion Building, Collier COLJhty Government Center. 3301 East Tamiami Trail. Naples. Florida, the Board of County Commissioners will consider the enact- ment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 17A r,~ AN ORDINANCE OF THE BOARD OF COUNTY COM. MISSIONERS OF COLLIER COUNTY. FLORIDA. AMENDING ORDINANCE NO. 2002-38. AS AMENDED. THE COLLiER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, PROVIDING FOR: ESTABLISH. MENT BY ORDINANCE OF A MODIFIED SWEAT EQUI- TY GRANT PROGRAM; ESTABLISHMENT BY ORDI- NANCE OF A MODIFIED SHORELINE STABILIZATION GRANT PROGRAM: PROVIDING FOR THE ESTABLISH- MENT OF THE NEWLY CREATED LANDSCAPE IM- PROVEMENT GRANT PROGRAM: PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED COMMERCIAL BUilDING IMPROVEMENT GRANT PROGRAM: PROVIDING FOR CONFLICT AND SEVERA- BILITY: PROVIDING FOR INCLUSION IN THE CODE OF lAWS AND ORDINANCES: AND PROVIDING fOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clel-k to the Board and are available for inspec- tion. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be ad- dressed. Individual speakers will be limited to 5 minutes on any item, The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman. a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic ma. terials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case. written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public Ileal'- ing. All material used In present<1tions before the Board will become a permanent part of the record, Any person who deddes to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore. may need to en- sure that a verbatim record of the proceedings is made. which record Includes the testimony and evidence upon which the appeal is based. If you are a person witll 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 Facil'tties Management Depart. ment. located at 3301 Tamlaml Trail East. Building W. Naples. Florida 34112. (239) 252-8380. Assisted listening dev'lce.s for the hearing Impaired are aV<1.ilable in tile County COmmissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK. CLERK By: Ann Jennejol1n. Deputy Clerk October 17 No. 1746330 ___~,""_'__'_'__'___~____~'_'__"'_"_~"._____"'_____,.,.,,"__,....._._~"_'".~.__.,~.."~_o'.~,.,,_......,,~__...,,~ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is. Naples Daily News c... Page 1 of2 rwptes~ l\uplcii DmIn ~\C1ll5 L,;Lll,mCW;:>...',)j;, Honna Daily News Marc(~Ei\C;LE Collin' C~LASSIFIEDS CLj,~~:;IFl[D:, HOHf ,,!;N, [:snIT!' [M~)LOYl"lErH 4UTCJ~'OI,lLf.'S ~1i'RnIANr:'L;E TY:,(J,a,," UNLOCK YOUR DREAMS >"1m U~arnMohIJ' Home Place Ad Find Ads My Account FeeJ:;Ib_3ck and Security Help Guest hi'..) ,,) !Events & Notices ----:31 Match any word ..:J Search C'~'~;J)r'C " "Legal & Public Notices NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is. Item: 13053603 Item Description Tt"",w4[;." IPool'ldno I . . NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday October 28 2008 in the Boardroom 3rd Floor Administration Building Collier County Government Center 3301 East Tamiami Trail Naples Florida the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA AMENDING ORDINANCE NO. 2002-38 AS AMENDED THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE PROVIDING FOR: ESTABLISHMENT BY ORDINANCE OF A MODIFIED SWEAT EQUITY GRANT PROGRAM; ESTABLISHMENT BY ORDINANCE OF A MODIFIED SHORELINE STABILIZATION GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED LANDSCAPE IMPROVEMENT GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED COMMERCIAL BUILDING IMPROVEMENT GRANT PROGRAM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to S minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman a spokesperson fora group or organization maybe allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a mmimum of 3 weeks prior to the respective pubiic hearing. In any case written materials intended to be considered by the Board shall b e submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a deCision of the Board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbati m record of the proceedings is made which record includes the testimony and evidence upon which the appeal is 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 Tamiami Trail East Building W Naples Florida 34112 (239) 252-8380. Assisted listening devices for the hearing impaired are avaiiable in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING CHAIRMAN DWIGHT E BROCK CLERK By: Ann Jennejohn Deputy Clerk October 17 NO. 1746330 _ c"";"",""."'~"";.m"9'''''''''''''''''''r..".,,, http://naples.kaango.com/fe View Ad! 13053603 ")F'OFFSSior"J~; ':,f;'FvrC,:5 TO PLACE YOUR CLASSIfiED AD 1.877.263-6047 10/1 7/2008 RECEIVED NOV 0 3 2008 FINANCE DE~~"in~~R72~1 ~ NAPLES DAILY NEWS Published Daily 2008 OCT 3 I H II: 42 Naples, FL 34102 CLER' Of~ GuURTS Affidavit of Public ion State of Florida BY_d___~_____D.C. County of Collier 17A 0110 ORDIIWlCES AND PmnoNS 0110 ORDINANCES AND PE1I1lONS FEI59-2578327 i~f.:~~;'i (:=J01, ''t\QQ publiC)\ li~~,r.ia:~D G,I,:02: } . , ~ '~"1 i E;q::!'<:.:s r",,,,-'! ,t). ~\J'" . ", 'lr, ".".1 ;:'.,;' 1,<_ '..i'.! .,,10"' L '.~ -- NOTICE OF INTENT TO'CONSIDER ORDINANCE. Notice Is hereby given that 0", Tuesdt% October 28, 2008 in the Boardroom. 3rd Floor, Aamlnistra- tion Building, ~olller County Qovernment centerJ 3301 East Tamlaml Trail. Naples< Florida, the Boara 01 County- commissioners will consider' tl1e enact. ment 01 a County Ordinance. The meeting will commence at 9:00 A.M. TI'ie title of the proposed Ordlnanc~ 15 as fotlows: AN ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF COLLIER COUNTY 1. FLORIDA, AMENDING ORDINANCE NO. 2002-38, A:!i AMENDED, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, PROVIDING FORI ESTABJ.ISH. MENT BY ORDINANCE OF A MODIFIED SWEAT EQUI- TY GRANT PROGRAM; ESTABLISHMENT BY oRDI. NANCE OF A MODIFIED SHORELINE STABILIZATION GRANT PROGRAM;' PROVIDING FOR THE ESTABLISH- MENT OF'THE NEWLY CREATED lANDSCAPE IM- PROVEMENT GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED COMMERCIAL BUILDING IMPROVEMENT GRANT PROGRAM; PROVIDING FOR CONFLICT AND SEVERA. BILlTY; PROVIDING f=OR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. . copIes of the proposed Ordlnanee are on file with the, Clerk to the Board and are available for Inspec::- tlon; All Interl1'sted parties are invited to attend and be heard. NOTE: An persons. wlsl'llng to speak on any agenda item must register with the County, administrator prior to presentation of the agenda, Item to be acf.. dressed; IndivIdual speakers will be limited to 5 minutes on any Item; The selectlonofah hicllvldua! to speak on behalf of.an organlzatlOrt.or group Is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutl!s to speak on an Item.. Persons wl.5hh1g to have written or graphic ma- terials Included In the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materIals Intencted to be conslderpd by the Board shall be submitted to the appropriate County staff a mInimum of seven days prior to the publiC hear- Ing. All materIal used In presentations before. the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertainIng thereto and therefore, may need to en- sure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation In order to partlclflate In, thIs proceeding; you are entitled, at no cos to you, to the provisIon of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamlaml trail East. Building W, Naples FloridaJ4112, (239) 252-8380. Assisted listenIng devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk _ O.ctbbf>rJ.-7 NO. 174fal0 Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples. in Collier County, Florida; dIstributed in Collier and Lee counties of Florida; that the attached copy of the advertisiug. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time iu the issue On October 17"'. 2008 Affiant further says that the said :'\"aplcs Daily News is a n<::wspaper Published at ?\Japles, in collier county, rlorida and that the said Il<::wspaper has heretofore been continuously published in said Collier County. Fl0rida; distributed in Collier and Lee counties of Florida. each cia} and has been cnh.'rcd as second dass mail matter at the post 'lllin.: in :\apks. in said Collier County, Florida, for a period o!" 1 \car 111.:;.;1 pr":l.:cding Ihe first publiclLion orlh.: atta..:hed CllPY or adn:rtisclllent; and atliant further sa,:-'s that he has neither paid nor promised any person, firm or corporation any discount, n:nalc. Lommission or refund fOf the purpose of securing this advertisement f~Jr publ1catlOll In the saId nev. spaper /} ~ ( Signature of affiant) Sworn to and subscribed before me This 28"'. Day Of October 2008 l?A MEMORANDUM Date: November 18,2008 To: Sue Trone, Operations Analyst Bayshore/Gateway CRA 4069 Bayshore Drive Naples, Florida 34112 From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2008-61 Attached, is a copy for the above referenced project; (Agenda Items #17 A) approved by the Board of County Commissioners on Tuesday, October 28, 2008. If you should have any questions, please contact me at 252-8411. Thank you ,'__ ____<'_.__.,_%_."'_o"'..~."~___...._._.____."."'___.~"",..."_~_______~'___.~..~~..~__.".__...,.. '_'''''_'''''__'"'"~"__''''~' MEMORANDUM Date: November 18, 2008 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2008-61 Attached, please find one (I) copy of the document referenced above (Agenda Item #17 A), as approved by the Board of County Commissioners on Tuesday October 28, 2008. If you should have any questions, please call me at 252-8411. Thank you. Enclosure 17A 17A ORDINANCE NO. 08- 61 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO 2002-38, AS AMENDED, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, PROVIDING FOR: ESTABLISHMENT BY ORDINANCE OF A MODIFIED SWEAT EQUITY GRANT PROGRAM; ESTABLISHMENT BY ORDINANCE OF A MODIFIED SHORELINE STABILIZATION GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED LANDSCAPE IMPROVEMENT GRANT PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE NEWLY CREATED COMMERCIAL BUILDING IMPROVEMENT GRANT PROGRAM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 14, 2000, the Board of County Commissioners (BCC) adopted Resolution No. 2000-83 creating the Community Redevelopment Agency of Collier County, Florida (CRA); and WHEREAS, on March 14, 2000, the BCC adopted Resolution No. 2000-82, which established and described the Bayshore/Gateway Triangle Community Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on June 13,2000, the BCC adopted Ordinance No. 2000-42 establishing the Redevelopment Trust Fund which appropriated "incremental tax revenues" for community redevelopment purposes; and WHEREAS, on June 13,2000, the BCC approved Resolution No. 2000-181 adopting a Community Redevelopment Plan for the "Community Redevelopment Area," which included the Words underlined are added; Words stnwk through are deleted. Page I of6 1 ? A J4~ Bayshore/Gateway Triangle Community Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on July 30, 2002, the BCC adopted Ordinance No. 2002-38, the "Collier County Redevelopment Grant Program Ordinance" creating a Site Improvement Grant and Impact Fee Assistance Grant for the Bayshore/Gateway Triangle Community Redevelopment Area; and WHEREAS, on March 13,2007, the CRA approved Resolution No. 2007-55 creating the Shoreline Stabilization Improvement Grant Program and Sweat Equity Improvement Grant Program as amendments to the Site Improvement Grant Program originally established by Ordinance No. 2002-38; and WHEREAS, the Bayshore/Gateway Triangle CRA desires to establish a modified Sweat Equity Improvement Grant Program for the Bayshore/Gateway Triangle Community Redevelopment Area by ordinance; and WHEREAS, the Bayshore/Gateway Triangle CRA desires to establish a modified Shoreline Stabilization Grant Program for the Bayshore/Gateway Triangle Community Redevelopment Area by ordinance; and WHEREAS, the Bayshore/Gateway Triangle CRA desires to encourage local area water conservation and to discourage landscaping with invasive pest plants within its CRA boundaries by creating the Landscape Improvement Grant Program to provide financial and technical assistance for residential landscape improvements and general area beautification; and WHEREAS, the Bayshore/Gateway Triangle CRA recognizes that representatives of businesses located within its CRA boundaries have expressed interest in improving commercial buildings but the cost of such improvements have prevented them from doing so, and as an Words underlined are added; Words strnek through are deleted. Page 2 of6 17A incentive to commercial redevelopment desires to create a Commercial Building Improvement Grant; and WHEREAS, upon request of the Bayshore/Gateway Triangle CRA, the BCC desires to amend Ordinance No. 2002-38, as amended, in order to re-establish by ordinance the Sweat Equity Improvement Grant Program and the Shoreline Stabilization Grant Program and to establish a Landscape Improvement Grant Program and Commercial Building Improvement Grant Program within the Bayshore/Gateway Triangle Community Redevelopment Area using a portion of the funds in the Redevelopment Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and cited as the "Collier County Redevelopment Grant Program Ordinance". SECTION TWO: Annual Appropriation. The Board of County Commissioners shall annually, during its budget process, allocate funding for grant programs from the Redevelopment Trust Fund for the community redevelopment area. The Board of County Commissions, in its discretion, may adjust the amount allocated for grant programs at any time during its fiscal year. SECTION THREE: Adoption of Site Improvement Grant and Impact Fee Assistance Grant Programs. The Site Improvement Grant and Impact Fee Assistance Grant programs are hereby adopted. A copy of said programs are annexed to this ordinance and adopted and made a part of Words underlined are added; Words stmek through are deleted. Page 3 of6 17A this ordinance by reference. Either Site Improvement Grant or Impact Fee Assistance Grant program may be amended by resolution of the CRA. SECTION FOUR: Adoption of the Modified Sweat Equity Improvement Grant Prol!:ram for the Bavshore/Gatewav Trianl!:Ie Community Redevelopment Area The Modified Sweat Equitv Improvement Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area is hereby adopted. A COpy of the program is annexed to this Ordinance as Exhibit "A" and made a part of this Ordinance bv reference. The Sweat Equitv Improvement Grant Program may be amended bv resolution of the CRA. SECTION FIVE: Adoption of the Shoreline Stabilization Grant Prol!:ram for the Bavshore/Gatewav Trianl!:le Community Redevelopment Area The Shoreline Stabilization Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area is hereby adopted. A COpy of the program is annexed to this Ordinance as Exhibit "B" and made a part of this Ordinance bv reference. The Shoreline Stabilization Grant Program may be amended bv resolution of the CRA. SECTION SIX: Adoption of the Landscape Improvement Grant Prol!:ram for the Bavshore/Gatewav Trianl!:le Community Redevelopment Area The Landscape Improvement Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area is hereby adOPted. A COpy of the program is annexed to this Ordinance as Exhibit "C" and made a part of this Ordinance bv reference. The Landscape Improvement Grant Program may be amended bv resolution of the CRA. SECTION SEVEN: Adoption of the Commercial BuUdinl!: Improvement Grant Prol!:ram for the Bavshore/Gatewav Trianl!:le Community Redevelopment Area Words underlined are added; Words struek thFeugl1. are deleted. Page 4 of6 -._--"-'..~-,,.- 17A The Commercial Building Improvement Grant Program for the Bavshore/Gatewav Triangle Community Redevelopment Area is hereby adopted. A COpy of the program is annexed to this Ordinance as Exhibit "D" and made a part of this Ordinance bv reference. The Commercial Building Improvement Grant Program may be amended bv resolution ofthe CRA. SECTION FOUR EIGHT: Adoption of the Fa~ade Grant Program for the Immokalee Community Redevelopment Area. The Fayade Grant Program for the Immokalee Community Redevelopment Area is hereby adopted. A copy of said program is annexed to this ordinance and adopted and made a part of this ordinance by reference. This Fayade Grant Program may be amended by resolution of the CRA. SECTION FIVE NINE: Administration by CRA. The Board of County Commissioners delegates the administration of the grant programs to the CRA including, but not limited to, selection of recipients, contracting with owners and contract enforcement. The CRA shall approve all applicants for funding after the Board of County Commissioners allocates grant program funding for each fiscal year. The recipients of any grant funds shall be required to execute an agreement in a form approved by the County Attorney's Office for legal sufficiency and approved by the CRA. SECTION SIX TEN: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Words underlined are added; Words struek thFoligl1. are deleted. Page50f6 l7A separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SEVEN ELEVEN: 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 Ordinances may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION EICHT TWELVE: Effective Date. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of 0 vb 6-ey ,2008. ATTEST: D\VimfJJ'E: BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i,~:f~k it:.o<" , Deputy Clerk ~~t&.s..t.?>Ch41,..... . 519nbtlJ~"'041 , Approved as to form and legal sufficiency: By: . TOM HENNING, CHAIRM 7)l~A;,-{h~ - ~ Marj e Student-Stirling Assistant County Attorney OS-CMD-Q 1233/83 Words underlined are added; Words struek tl1.ro\lgl1. are deleted. Page 6 of 6 I EXHIBIT A I l7A ~ It IBAYSHORE GATEW.- Y I! ." TRIANGLE EEEE U ~<c Bayshore Gateway Triangle eRA I FY 2009 :::,W{~~lt Fc,.,;;y ("; Sweat Equity Grant Program The Sweat Equity Grant Program (SEG) is a redevelopment initiative funded and administered by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) as reimbursement for materials used for exterior improvements to residential properties within the Redevelopment Area. Overview of the Program Sweat Equity Grant applications are accepted during two cycles each year: I. October I through December 30; and 2. May] through July 31. Once the grant agreement is executed, grantees have 90 days to complete work. Grantees are permitted to use SEG funds as reimbursement for the cost of materials used to improve the exterior of residential properties (buildings and surrounding area) as well as costs for delivery of materials. Total approved project costs must equal a minimum of $500; the maximum grant award is $1,000. Funds are not permitted to be used for "sweat equity," or cost for labor. This grant program is ideal for CRA residents who want to simply "spruce up" the outside of their homes. IMPORTANT: Grantees must perform a minimum of two different improvements to qualify for funding. All improvements must be at least partially visible to the public, either from the public right-of-way or some other highly visible location. Grantees generally receive SEG funds in about 45 days after CRA staff visit the site and review all paperwork to verify grantee eligibility (see Required Documentation for Reimbursement below). Applicant Eligibility SEG funding is available for single-family, duplex, triplex, quadriplex and mobile home properties within the CRA. Owner-occupied and rental units are both eligible for funding. SEG funds for mobile home properties will only fund improvements to the surrounding area and not to the mobile home itself. Applicants may only submit one application per year per property. NOTE: Double-Dipping between SEG and SIG Funds "Double Dipping" between SEG and SIG funding is prohibited. Persons who have received SIGs in the past and properties that have been improved with SIG funds in the past are subject to restrictions on the maximum funding amount they can receive for exterior improvements. For SIG recipients who have received less than $8,000 in SIG funds, they are only eligible for SEG funds that will combine with total SIG fund awards of up to $8,000. For SIG recipients who have received $8,000 in SIG funds, they are ineligible for both SIG and SEG awards for three years from the date of the most recent disbursement. I 17 A A IBAYSHORE GATEW;\Y -, ,,:.k TRIANGLE Rll:u,.,~ Bayshore Gateway Triangle eRA I FY 2009 Sw'_~at Equity Grant InfDrmation Cost Estimates For each improvement to be funded applicants must obtain a minimum of two cost estimates. The amount of the grant is determined by the sum of the lowest estimates for materials. Project Requirements Eligible Activities (Except Landscaping) Only exterior improvements are eligible for funding under this program. As such, all improvements must be at least partially visible to the public, either from the public right- of-way or some other highly visible location. Eligible improvements must do one or more of the following: (1) increase the aesthetic appeal of the area; (2) improve the functionality of the premises; or (3) remedy code violations. Projects requiring permitting are not funded through this program (funding may be available through the Site Improvement Grant). The following are examples of improvements which would be eligible for grant funding: . Installation of or repair to: . Windows; . Stucco; . Painting; . Doors; . Masonry; . Brick or textured pavement; . Shutters; and . Exterior lighting; . Any other improvement subject . Awnings; to CRA approval. Examples of other improvements which qualify for grant funding include the following: . Removal of deteriorated materials; . Driveway improvements; . Building cleaning (sand blasting I pressure washing) . Remediation of code violations; and . Any other improvement subject to CRA approval. NOTE: Projects listed below are ineligible for SEG funding: . The removal of architecturally important details; . Installation of aluminum or vinyl siding; . Projects requiring a Collier County permit; . Landscaping with unapproved vegetation or methods; . Property acquisition; . Improvements to mobile homes; . Construction of free-standing buildings (including construction of new rooms to existing structures); . Any work by contractors; . Refinancing of debt; . Non-fixed improvements; . "Sweat equity"; and . Improvements commenced prior to executing agreement with CRA. 2 Bayshore Gateway Triangle eRA I FY 2009 Sw,~at Equity Gr,::mt information ILA IBAYSHOREl ( GATEW;\Y "'ill: ~,"..~ TRIANGLE ? A Eligible Activities: Landscaping The CRA encourages all residents within the Redevelopment Area to landscape their premises with ecologically sound plants, using ecologically sound practices as defined by Waterwise: South Florida Landscapes published by the South Florida Water Management District (SWFMD) (free copies are available from CRA upon request). Any SEG funding to be directed toward landscaping with vegetation shall only be available to reimburse grantees for the purchase of plants and trees as recommended by Waterwise. No funding shall be permitted for any plants listed on the Florida Exotic Pest Plant Council's current List ofInvasive Plant Species. SEG funds may be used to remove plants and trees on the Invasive Plant Species list. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify the improvements are complete. To receive reimbursement, grantees must prove that payment for work was paid DIRECTLY to VENDORS by personal check or credit card in the name of the grantee. Under no circumstance will payment to undocumented vendors be permitted. Grantees must provide receipts or invoices with the payment amount indicated clearly. No reimbursement will be disbursed for work paid for with cash. Grantees who make landscape improvements are required to itemize all plants used in the landscaping projects and to provide this itemized documentation to CRA staff when requesting reimbursement for improvements. CRA staff will compare these lists with lists of approved landscaping from the SFWMD and follow up with a site visit to determine that approved plants have been used in the landseaping. No funding will be permitted for landscaping with invasive pest plants. Change Orders and Time Extensions The SEG program is intended to encourage do-it-yourself improvements that do not require permitting and can be performed in a short period oftime. Due to the nature of these kinds of projects, there will be no change orders or time extensions permitted. 3 Bayshore Gateway Triangle eRA I FY 2009 Sweat Eqllity Gr;;:nl t'f'pend;x IBAYSHORE GATEWAY I!,,<A.. TRIANGLE lllllllf'F[. Appendix A: eRA Map & Funding Summary Map: Location of Bayshore Gateway Triangle eRA Location of CRA within Collier County CRA Close-Up c,'<-:# 4\ i ~ CRil46 IMMOIV\.lEEROE l o G; m i '- -, [!] '-'" ,:A ^ '~.>;. US" <'i" } , + + ""'<",'"i "i:'; '" t " .t....~ :~"io.- '< 1., " , , ''l,; CJ CRA Boundary - Major eRA Roads Water Bodies _CRA Roads Collier County CRA Appendix -I 17A Bayshore Gateway Triangle eRA I FY 2009 Swo?at EQ11;ty Grant A.pplication I! A IBAYSHORE , GATEWAY ," . it" TRIANGLE !llmtl.~ 17 SEG AnnlicatJon (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone I Alternate Phone I E-Mail Address Do you own or lease the property? I Proiect Information Describe the existing conditions of the site (attach additional sheets ifnecessary). Outline the nronosed imnrovements in detail (attach additional sheets if necessary). REQl1IREIl AT'I.\(,IIMFN'I S FROM AI'I'L1( ANT: I) Minimum unl' estimate for all improH.'nu'nts to hl' n'imhursed. eRA STAFF: I) Attach two color photos of cacb project to be performed. 2) Attach Pronertv Annraiser ID. I) Estimated cost of improvements: $ 2) Maximum grant award: $ I Bayshore Gateway Triangle eRA I Commercia: Building Improvement Grant Appllcatnn LA IBAYSHORE < <\ GATEWAY < < ." TRIANGLE .~ 7A Lessor I Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, has applied for a Sweat Equity Grant and authorize said tenant to complete the improvements listed in the Sweat Equity Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Owner Authorization Form was executed before me this day of ,200_ by , owner of the property located at who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 2 Bayshore Gateway Triangle eRA I ComnwTci<:!t Buildinq ImprovernBnt Grant App!!r;at:{)('c I! A' IBAYSHORE .. GATEW;\Y . " i.. TRIANGLE EBEB U ~ 17 tj Grantee Commitment of Resources I I we, , owner(s) I tenant(s) of the property located at , have the funding and ability to begin the site improvements listed above and have the ability to complete all improvements within one year of the approval of the Sweat Equity Grant by the Collier County Community Redevelopment Agency. I I we further affirm that payment for all work on approved improvements will come from accounts in my I our name( s) or the name( s) of entities registered in the State of Florida which I I we have incorporated or otherwise registered with the state (verification is required). Payment for improvements by from persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (ifleased) Date Signature of Tenant (ifleased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) 3 ILA IBAYSHORE GATEW!,.Y .' 'r,';" TRIANGLE .ll..,~ 7A Bayshore Gateway Triangle eRA I Commercia: Buiidinq Irnp'\'~,'[;,;nent Gr"nt ,l'n;::!!c:~t:...,. Grantee Proiect Summary & Evaluation (attach additional sheets as necessary) Proiect Summarv . Descl'ibe ti!e !Illprovern.entsY<JlI made______ ____ _ .. ---------------- -- ---- List all vendors nrovidin!! materials for this nroiect with contact information. Vendor Pbone Number or Address or Website Grantee Signature Date Grantee Signature Date CRA Staff: Color photos of completed project from site visit must be attached to this report. I I! A IBAYSHORE ,k GATEWAY ..1:1 TRIANGLE EBEBB , ~ Bayshore Gateway Triangle eRA I Commercial BuildJng Impr~)Vernent Grant Appi'catinn Payment Reauest On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Sweat Equity Grant program: Improvement Cost ------- - ---- - -----------,---- -- ------------ --- ----- -------+-- --------- --------- -- ----- -- -- --------- --------- ----- --- _________n__ --- -------- -------,- -- -- ----- ---------- -..- - ------ ---- --- ----- - ------ ---- ---- ------------- - -----..---- ---- - -- --- Total I hereby confirm that all items listed above have been completed as outlined in the Sweat Equity Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of$ as approved by the CRA. Grantee SiQnature Date The foregoing Payment Request Form was executed before me this day of ,200_ by , owner of the property located at ,who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE FOLLOWING: (I) VENDOR/CONTRACTOR INVOICE I RECEIPT AND (2) COPY OF CANCELLED CHECK OR CREDIT CARD VALIDATION TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE. 2 7A 17A GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR SWEAT EQUITY IMPROVEMENTS FOR BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this _ day of , _ by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, in Collier County Ordinanee No. 2002-38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with Grantees for CRA grants; and WHEREAS, CRA Ordinance No. 08-XX reestablished the Sweat Equity Improvement Grant; and WHEREAS, Grantee has applied for a Sweat Equity Grant m the amount of dollars; and WHEREAS, the CRA has determined that Grantee meets the eligibility requirements and was approved for a grant award in the amount of dollars on ("CRA Approval"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Grantee acknowledges to the CRA that Grantee has received a copy of the Collier County Community Redevelopment Agency Sweat Equity Improvement Grant Program Information and Application (hereinafter referred to as "Grant Program"), that Grantee has read the Grant Program, and that Grantee has had ample opportunity to discuss the Grant Program with Grantee's counsel or advisor. Grantee further acknowledges to the CRA that Grantee understands and agrees to abide by all of the terms and conditions of the Grant Program. Grantee agrees to the terms and conditions of the Grant Program. 2. Grantee IS the record owner I tenant of property described as 3. Grantee has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated attached hereto as Exhibit A and incorporated herein by reference. 4. Grantee agrees to complete the construction of the Sweat Equity Improvements within ninety (90) days of CRA approval. Grantee also agrees to provide the sweat equity (labor) to complete the improvements. Grantee is prohibited from paying for any improvements Sweat Equity Grant Agreement FY 2009 I 17A or materials funded under this program with cash. All payments for approved projects must be in the form of a check or credit card drawing on funds from Grantee's accounts. 5. CRA has approved a grant to Grantee in the amount of to be administered pursuant to the terms of this Agreement based on an estimated cost of . If the actual cost of materials is less than $1,000 to construct the improvements, the grant amount shall be reduced dollar for dollar in CRA funds; however in no case will the cost of materials for improvements be less than $500. 6. Grantee agrees that all improvements completed do not require a Collier County permit or permit from any other agency. Upon completion of the work, Grantee shall submit to the CRA staff a project summary report, two (2) 8 inch by 10 inch photos of the property after the improvements are completed, a list of materials and construction techniques used, and any other information specific to the improvements or requested by the CRA staff. The CRA, through its staff, shall confirm that the improvements were constructed pursuant to the terms of the application approved by the CRA. Grantee acknowledges that the total grant award shall not exceed the sum oflowest price quotes for all projects. 7. Within forty-five (45) days after confirmation that the improvements were constructed pursuant to the terms of the approved application, Grantee shall be issued a check in the amount of the grant. However, if Grantee fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within ninety (90) days of CRA approval, or if Grantee fails to make improvements of at least $500 value, the grant shall be deemed automatically revoked and Grantee shall not be entitled to the grant. 8. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 9. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, 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. 10. This Agreement is personal to Grantee, and may not be assigned or transferred by Grantee or to Grantee's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. Sweat Equity Grant Agreement FY 2009 2 IrA IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. GRANTEE(s): (I) Witness Signature By: Printed/Typed Name Printed/Typed Name (2) Witness Signature By: Printed/Typed Name Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: MaJjorie M. Student-Stirling Assistant County Attorney Sweat Equity Grant Agreement FY 2009 3 l?A EXHIBIT B A IBAYSHORE GATEW,'Y I! ',' TRIANGLE EBEB EJ ~ Bayshore Gateway Triangle eRA I~~hn'. lin,:, Si:)"iJi> 'l,',r, '", Shoreline Stabilization Grant Program The Shoreline Stabilization Grant (SSG) Program is a redevelopment initiative funded and administered by the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) as partial reimbursement for installation or repair for shoreline stabilization improvements such as rip-rap, bulkheads, or seawalls. Overview of the Program The CRA encourages everyone with property located on Haldeman Creek to maintain a stabilized shoreline, slowing the rate of sedimentation in the canals. Owners and tenants of residential and commercial properties along Haldeman Creek within CRA boundaries are eligible to receive SSG funding for shoreline improvements. The SSG Program funds only installation of or repair to rip-rap, bulkheads, or seawalls. Grantees are required to contribute a minimum of 50 percent of project costs with a maximum award of $5,000. Grantees have twelve months from the date ofCRA approval to complete shoreline improvements. All improvements must be approved by the CRA before grantees commence improvements-no funding will be awarded for work commenced prior to CRA approval. Funds are disbursed after the completed improvements are approved by CRA staff as reimbursement. Applicant Eligibility Owners and tenants of residential and commercial properties on Haldeman Creek may apply for SSG funding. Propertics ("property" is defined by parcel ID number through Collier County Property Appraiser) receiving SSG funding for improvements are eligible for only one award for the life ofthe program. Bids for Work Grantecs must obtain a minimum of two cost estimates from contractors listed in the Collier County database of actively licensed marine seawall and dock construction contractors which can be found online at http://apps2.colliergov.net/webapps/vision/Con Cert/default.aspx. Bids from contractors not listed in this database will not be accepted for the SSG program. No funding will be awarded for "do-it-yourself' improvements or to subcontractors. The amount of the grant will be determined by the lowest bidding contractor for each improvement though grantees may actually use any licensed contractor from the database. Permitting Most contractors handle permit applications and the CRA strongly encourages grantees to give careful consideration with regard to permitting. Applicants who wish to procure permits on their own must first apply through the US Army Corps of Engineers at P.O. Box 4970, 701 San Marco Boulevard, Jacksonville, Florida 32232. Applications are available online at www.usace.annv.mil. A IBAYSHOR~7 A , GATEW;\Y I',' .I TRIANGLE lIlU<~ Bayshore Gateway Triangle eRA I Shoreline Stabilizatj')n Gr.:,nt lnformat.ion After obtaining the appropriate permit above, applicants must apply for a permit through the Florida Department of Environmental Protection: FDEP South District, 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33902. Applications are available online at www.dep.state.fl.us/water/wetlands/em/forms.htm . Upon receiving the above two permits, applicants must apply for a permit from the Collier County Permitting Department at 2800 North Horseshoe Drive, Naples, Florida 34104. Project Requirements Eligible Activities Only the installation of or repair to rip-rap, bulkheads, or seawalls is eligible for SSG funding under this program. No portion of SSG grants may be used to reimburse the grantee for construction of or repair to docks or other related amenities. Grantees who wish to construct improvements not funded through this program are encouraged to inquire about other grant programs offered by the CRA. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify that the improvements are complete (this includes review of necessary permits). To receive reimbursement, grantees must prove that payment for the work was paid DIRECTLY to ACTIVELY LICENSED CONTRACTORS LISTED IN THE ABOVE DATABASE by personal check or credit card in the name of the grantee. Under no circumstance will payment to subcontractors or unlicensed contractors be reimbursed. Grantees must provide receipts or invoices with the payment amount clearly indicated clearly along with cancelled checks and/or credit card validations. No reimbursement will be disbursed for work paid for with cash. Change Orders and Time Extensions Change Orders to Increase Funding After the SSG agreement is executed, if a grantee discovers previously undiscovered flaws in the shoreline a change order may be issued to increase funding not to exceed the maximum award available. Change orders must be requested in time for staff to process the request and secure approval. IMPORT ANT: Change orders cannot be processed within the last two weeks of the grant period. Time Extensions The CRA understands that redevelopment projects can take more time to complete than is originally anticipated. For grantees who cannot complete their projects within one year, time extensions may be granted. Grantees needing extensions must request the within two months of grant expiration. No extensions can be granted within the last two weeks of the grant period. IMPORT ANT: Grantees must verifY that some activities associated with the improvements have been performed at least six months after execution of the agreement. 2 17A A IBAYSHORE ',:,/\ GAT E W ;" Y -0i": .'" TRIANGLE __,lj",~ Bayshore Gateway Triangle eRA I Shoreline Stabilizati0n G'";:n: P.,ppendix Appendix A: eRA Map & Funding Summary , Map: Location of Bayshore Gateway Triangle eRA Location of CRA within Collier County CRA Close-Up '''^\ " <;.# ~ , , CRS4B -;:i , i w 17, , . , + IMMQKAtEEROE [!] >,; '" '~,~+:j,,'" ;,;J~~(:' 11841 " 'hi " "'\'~>,: N + - ~;;: , $,t, ,I, " " .,.~; " ,.1 " Roads Collier County " "I'. '. ,:\) c:J eRA Boundary ~ Major eRA Roads Water Bodies _eRA eRA Appendix- I I! A IBtH~~1/ A I~ ," . j. TRIANGLE mEED ,~ Bayshore Gateway Triangle eRA I Shoreline Stabilization Gr,mt Arp!katicn I.ppI1Ca IOn (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone I Alternate Phone I E-Mail Address Do you own or lease the property? I SSG A r f Pro' ect Information Describe the existing conditions ofthe site (attach additional sheets if necessary). ). REQUIRED ATTA('IIMENTS FROM APPLICANT: 1) ()lIe l'stilllatc each from TW() ..'ontradors/\'clulors for" ell..."h lu"ojccl. -j"hcsc contractors MlJST be 1 istcd in the on 1 illt: datanasc hllp:! /apps2.collicrgov .nct/wL'bapps/vision/('oll( 'crt/dcl~llIlt.aspx 2) Non-Residential Applicants: copy of OCcUI)ationalliccllsc. eRA STAFF: 1) Attach two color photos of each project to be performed. 2) Attach Property Appraiser 10. 1) Estimated cost of improvements: $ 2) Maximnm grant award: $ A IBAYSHORE GATEW;\Y · .'", TRIANGLE ElIlU,~ 17 ~ Bayshore Gateway Triangle eRA I ShO~2!ine Stabi!rzatinn G!";:wt A,pp!icatic:] Lessor! Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, has applied for a Shoreline Stabilization Grant. I authorize said tenant to complete the improvements listed in the Shoreline Stabilization Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Owner Authorization Form was executed before me this day of ,200~ by , owner of the property located at who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 2 17A A IBAYSHORE GATEWAY I. .. TRIANGLE EIIBlU ,~ Bayshore Gateway Triangle eRA I Shore:i,-,,,, Stahii'zzdiQn G:-:;:>:j:: t;','P1t';.?1:;(- - Applicant Commitment of Resources I / we, , owner(s) / tenant(s) of the property located at , have the funding and ability to begin the shoreline improvements listed above and have the ability to complete all improvements within one year of the approval of the improvement grant by the Collier County Community Redevelopment Agency. I / we further affirm that payment for all work on approved improvements will come from accounts in my / our name(s) or the name(s) of entities registered in the State of Florida which I / we have registered with the state (verification is required). Payment for improvements by persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (ifleased) Date Signature of Tenant (ifleased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) 3 Ii IBAYSHOREl GATEW,AY '.!If .\~ TRIANGLE Bayshore Gateway Triangle eRA I Shoreline StabiHzation Grant Pro:w.:t Summa'Y' & Paymnnt Rwrv'lst 7A1j Grantee Proiect Summary & Evaluation (attach additional sheets as necessary) Proiect SUmmary Describe the kind of shoreline stabilization improvement performed. - ------ "'__P - _.~__._._.~.___._ . .._....._......'__.._m_. .._______________________ List all vendors! contractors providing materials or services for this proiect with contact information. Vendor I Service Provider Pbone Number or Address or Website Grantee Signature Date Grantee Signature Date CRA Staff: Color photos of completed project from site visit must be attached to this report. If,". ~: IBtAU~dlt ealBN~ Bayshore Gateway Triangle eRA I Shoreline St3biliz<!tior. Grant Project Summary & PC'lyrT; nt Reoil":!,;;1 17AH Payment Request On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Shoreline Stabilization Grant program: Improvement Cost ------- --------------- -- ---- ------ --------- ------------ --- ---..--...--- ---- ------------ --------- --------.-- " -- -- --------- _n______ --...--...- ------- ------- ---- - --. -- -------- ! ----- ---- --.. -..-- ---- -- -- - ---- ----- ----.----- ---i---..------- ---- --- ---.-- Total i I hereby confirm that all improvements listed above have been completed as outlined in the Shoreline Stabilization Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount 01'$ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this day of ,200 - by , owner of the property located at ,who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE FOLLOWING: (1) VENDOR/CONTRACTOR INVOICE I RECEIPT AND (2) COPY OF CANCELLED CHECK OR CREDIT CARD V ALIDATlON TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE. 2 17A GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR SHORELINE STABILIZATION IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this _ day of , _ by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and (hereinafter referred to as "Grantee"). 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 CRA grants including contracts with Grantees for CRA grants; and WHEREAS, CRA Ordinance No. 08-XX reestablished the Shoreline Stabilization Improvement Grant; and WHEREAS, Grantee has applied for a Shoreline Stabilization Grant in the amount of dollars; and WHEREAS, the CRA has determined that Grantee meets the eligibility requirements and was approved for a grant award in the amount of dollars on ("CRA Approval"), which is _% of the costs to construct the shoreline improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Grantee acknowledges to the CRA that Grantee has received a copy of the Collier County Community Shoreline Stabilization Improvement Grant Program (hereinafter referred to as "Grant Program"), that Grantee has read the Grant Program, and that Grantee has had ample opportunity to discuss the Grant Program with Grantee's counselor advisor. Grantee further acknowledges to the CRA that Grantee understands and agrees to abide by all of the terms and conditions of the Grant Program. Grantee agrees to the terms and conditions of the Grant Program. 2. Grantee IS the record owner/tenant of property described as 3. Grantee has agreed to make shoreline improvements to the property pursuant to the grant application submitted to the CRA dated attached hereto as Exhibit A and incorporated herein by reference. Shoreline Stabilization Grant Agreement FY 2009 J.7A 4. Grantee agrees to complete the construction of the shoreline stabilization improvements within one (1) year of CRA Approval. Grantee also agrees to fund at least 50% of the costs of the shoreline improvements. Grantee is prohibited from paying for any improvements funded under this program with cash. All payments for approved projects must be in the form of a check or credit card drawing on funds from Grantee's accounts. 5. CRA has approved a grant to Grantee in the amount of to be administered pursuant to the terms of this Agreement based on an estimated cost of If the actual costs are less than $10,000 to construct the shoreline improvements, 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 application, no Grantee, or any immediate relative of Grantee, shall serve as a contractor or subcontractor for the construction of the shoreline improvements and no Grantee, or any immediate relative of Grantee, shall receive compensation for labor for the construction of the shoreline improvements. An immediate relative of Grantee shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. 7. Grantee agrees to obtain all necessary permits from the US Army Corps of Engineers, Department of Environmental Protection and Collier County. Upon completion of the work, Grantee shall submit to the CRA staff a project summary report, two (2) 8 inch by 10 inch photos of the completed improvements, a list of materials and construetion techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the shoreline improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty-five (45) days after confirmation that the shoreline improvements were constructed pursuant to the terms of the approved application, Grantee shall be issued a check in the amount of the grant. However, if Grantee fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (I) year of CRA approval, or if Grantee fails to fund at least 50% of the cost of the shoreline improvements, the grant shall be deemed automatically revoked and Grantee shall be entitled to no funding. 9. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer ofthe party to be charged. II. This Agreement is personal to Grantee, and may not be assigned or transferred by Grantee or to Grantee's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. Shoreline Stabilization Grant Agreement FY 2009 2 l7A IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. GRANTEE(s): (I) Witness Signature By: Printed/Typed Name Printed/Typed Name (2) Witness Signature By: Printed/Typed Name Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: MaIjorie M. Student-Stirling Assistant County Attorney Shoreline Stabilization Grant Agreement FY 2009 3 EXHIBIT C 17A It IBnH~~? I! ., TRIANGLE EEEE8, ~ Bayshore Gateway Triangle eRA 11 cm~L:;";)rc' IrTip':)-i:- ,.,,c~,,-,,. t- Landscape Improvement Grant The Landscape Improvement Grant program (LIG) is a redevelopment initiative funded and administered by the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) as partial reimbursement for specific improvements to residential landscapes within the Redevelopment Area. Overview of the Program The CRA encourages everyone within the Redevelopment Area to landscape their premises with Florida-friendly techniques as defined by A Guide to Florida-Friendly Landscaping published by Florida Yards & Neighborhoods (FYN). Additionally, the CRA promotes using plants recommended for the area in Waterwise: South Florida Landscapes by the South Florida Water Management District (SWFMD)_ To this end, the UG program is intended to be a redevelopment tool which will beautifY the area with landscaping strategies that are ecologically sound for the area. Residential properties located within the CRA boundaries may be eligible to receive LIG funding for approved projects. The UG program funds shall be used only for the purchase of materials and landscaping services directly related to vegetative landscaping. The program requires applicants to contribute a minimum of 50 percent of total project costs. The maximum dollar award under this program is $2,500. No funds may be used to pay for automatic irrigation systems, services of landscape architects, fountains, statutes, fences, pavers or other ancillary expenses (some of these expenses might be covered through the Site Improvement Grant)_ Projects must be completed within a year from the date of approval. In order for a project to qualifY, some portion of the landscape must be visible to the public, either from the public right-of-way or some other highly visible location. Through a partnership between the CRA and Collier County Extension Services, a Master Gardener will be available to (I) assist applicants in planning the landscapes, (2) review applications to ensure compliance with good landscaping practices, and (3) review completed projects. Furthermore, grantees are invited to call on the Master Gardener at any time during the process for project assistance_ Grantees generally receive UG funds in about 45 days after CRA staff and a Master Gardener from Collier County Extension Services have reviewed the required paperwork and conducted a site visit to verify grantee eligibility. Applicant Eligibility Owners and tenants of single-family, duplex, triplex, quadriplex and mobile home residential properties may apply for UG funding for landscaping improvements. Applicants may submit only one application per County Property Appraiser folio number per year. No parcel may receive UG funding more than once for the lifetime of the program. A IBAYSHO~7 A , GATEWt,y I' ,.<it. TRIANGLE EBEBn, ~ Bayshore Gateway Triangle eRA I Lands'.:-ape Impf{)'I'~ment Gr?ot InformaUon Bids for Work Applicants performing CRA-approved work themselves are required to provide a written cost estimate for all plants/trees, fertilizers, necessary tools, and mulch. The name and contact information for the vendor consulted for the estimate must be included. Names of all plants and trees to be included in the landscape and costs for removal of all exotic plants and trees must be included in the estimate. Applicants who will use landscape services to assist with landscaping must obtain a minimum of two official bids for comparable work. Grant funds will be determined by the sum oflowest bidding landscape servicers and/or price estimates for plants. Ineligible expenses for LIG funding: . Services by landscape architects; . "Hardscape" features such as pavers, fountains, fences, etc.; . Purchase and/or installation of automatic irrigation systems; . Purchase or planting of invasive vegetation listed by the Florida . Exotic Pest Plant Council's current List of Invasive Plant Species; Property acquisition; Refinancing of debt; "Sweat equity;" and Improvements commenced prior to executing agreement with CRA. . . . Please note: UG funds will not be released to any applicant whose property is landscaped with vegetation on the Florida Exotic Pest Plant Council's current List ofInvasive Plant Species. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify the landscaping improvements have been completed according to the stipulations of the UG program. CRA staff generally will consult with the Master Gardener from Collier County Extension Services when making determinations for funding. To receive reimbursement, grantees must prove that payment for work was paid DIRECTLY to VENDORS or PROFESSIONAL GARDENING SERVICE PROVIDERS by personal check or credit card in the name of the grantee. Under no circumstances will undocumented expenses be reimbursed. Grantees must provide receipts or invoices with the payment amount clearly indicated. No reimbursement will be disbursed for work paid for with cash or to unidentified payees. 2 i IBAYSHORE GATEWI,Y I", ',' TRIANGLE eeu , ~ Bayshore Gateway Triangle eRA I Landscape Improvement Or"r;" ,fJ...pr~(1di:il Appendix A: eRA Map & Funding Summary Map: Location of Bayshore Gateway Triangle eRA Location of CRA within Collier County CRA Close-Up f........\ " , , '" 'j-# ~ c , CRll4fi IMMOKAlHRDE -~ ~ o o (j) In , " [!] ;ii_,;' <lr ,'", ."........ ,<""-.}< lJ~'4, N + . .~;;;: , :n, ~~, ,I '!;., " " ,. , \. , ~ ~ " DCRABoundary - Major eRA Roads Water Bodies _CRA Roads Collier County CRA , ------~----------- Appendix-I 17A l?A It IBAYSHORE GATEWlY Lll ~ ~ TRIANGLE Bayshore Gateway Triangle eRA I Landscape Improvement Grant Application LIG Application (Detach and submit to CRA office.) Grantee Name Grantee Address Site Address Daytime Phone Alternate Phone E-Mail Address Do you own or lease the orooertv? Proiect Information (attach additional sheets if necessary) Describe the location for the landscaping (e.g. rront yard, along a canal). Do you want to remove any existing landscaping? Explain. Do you have automatic Yes I If yes, describe the I irrigation currently? No condition of the system. List your goals with your landscaping (e.g. beautification, attract butterflies, etc.). Include all landscaping improvements vou would like to perform. LIG Applicant Al!reement to Sound Landscapinl! Principles The Bayshore Gateway Triangle has partnered with Collier County Extension Services and Naples Botanical Garden to assist with managing the Landscape Improvement Grant (LtG). All LtG recipients are required to adhere to the guidelines as presented in Waterwise: South Florida Landscapes published by the South Florida Water Management District and A Guide to Florida-Friendly Landscaping published by Florida Yards & Neighborhoods. All grantees are required to consult with a Master Gardener rrom Collier County Extension Services by calling Cathy Feser at (239) 353-4244. With the Master Gardener, grantees will assess conditions for landscaping and develop a plan for maintenance. The Master Gardener will make a minimum of two site visits: during the first visit, the Master Gardener will analyze site conditions to assist grantee in planning improvements; the second visit occurs after improvements are complete and Master Gardener ensures that improvements are consistent with those landscaping principles intended for use by the LtG program_ Note: the LtG prohibits invasive pest plants. All existing invasive pest plants MUST be removed in order to qualify for funding (grant funds cover this expense, matching requirements must be met and associated expenses are included in the funding maximum of $2,500). During the grant period, grantees are encouraged to call the CRA and LIG partners for consultation. By signing below, the applicant verifies having read and understood the above terms and agrees to meet all requirements ofthe LtG program. Grantee Signature Date A IBAYSHORE 17A GATEWt>.Y II . jJ TRIANGLE I33U.~ Bayshore Gateway Triangle eRA I Landscape Improvement Grant Application Lessor / Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, has applied for a Landscape Improvement Grant. I authorize said tenant to complete the improvements listed in the Landseape Improvement Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Owner Authorization Form was executed before me this day of , 200~ by , owner of the property located at who: is personally known by me OR ~ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 2 A IBAYSHOJ 7 A GATEWp.,y I. . j' TRIANGLE EEEE8 " ~ Bayshore Gateway Triangle eRA I Landscape Improv8fnent Grant Application Applicant Commitment of Resources 1/ we, , owner(s) / tenant(s) of the property located at , have the funding and all other capability necessary to begin the landscaping improvements listed above and have the ability to complete all improvements within one year of the approval of the improvement grant by the Collier County Community Redevelopment Agency. I/we agree to maintain the landscape in such a manner that is consistent with the principles explained in Waterwise: South Florida Landscapes and A Guide to Florida-Friendly Landscaping. I / we further affirm that payment for all work on approved improvements will come from accounts in my / our name(s) or the name(s) of entities registered in the State of Florida which [ / we have incorporated or otherwise registered with the state (verification is required). Payment for improvements by from persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (ifleased) Date Signature of Tenant (ifleased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) 3 a,A, ""'.., IBAYSHORE l7A GATEWAY ,< .. TRIANGLE U.,~ Bayshore Gateway Triangle eRA I landscape Improvement Grant Project Summary & Payment Request Grantee Pro.iect Summary & Evaluation (attach additional sheets as necessary) Proiect Summarv .!d~t all plants andjrees planted in tlle project. --- ------- ----- List all vendors providing materials or services for this oroiect with eontact information. Vendor I Service Provider Phone Number or Address or Website List special techniques or practices used for this project (e.g. organic worm castings for fertilizer, xeriscaping, etc.)? Please explain. Grantee Signature Date Grantee Signature Date eRA Staff: Master Gardener Report and color photos of completed project from site visit must be attached to this renort. I A IBAYSHO~E7 A .. GATEW;'Y ."..l. TRIANGLE _<J..,~ Bayshore Gateway Triangle eRA I Landscape Improvement Gmnt Project Summary & Palment Request Payment Request Form On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Landscape Improvement Grant program: Improvement Cost --..- ---- --..------ ------ ----------- -------- - ------ . -..- -- , ---- ---- --- -- - ------- --------------- - - ------- --- -- -------------------..----1 ---- . --- --------------- I - -- ------- -- ---------- - ---..- ------------ ------ ---------- ---- ---..---- ------- ---------- ----- ----..-- ------- ____u_..__ -- ---------- Total I hereby confirm that all items listed above have been completed as per the Landseape Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of $ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this day of ,200_ by , owner of the property located at ,who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 2 17A GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR LANDSCAPE IMPROVEMENTS FOR BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this _ day of , _ by and between the Collier County Community Redevelopment Agency (hereinafter referred to as nCRAn) and (hereinafter referred to as "Grantee"). 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 CRA grants including contracts with Grantees for CRA grants; and WHEREAS, Ordinance No. 08-XX established the Landscape Improvement Grant; and WHEREAS, Grantee has applied for a Landscape Improvement Grant in the amount of dollars; and WHEREAS, the CRA has determined that Grantee meets the eligibility requirements and was approved for a grant award in the amount of dollars on (nCRA Approval"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Grantee acknowledges to the CRA that Grantee has received a copy of the Collier County Community Redevelopment Agency Landscape Improvement Grant Program Information and Application (hereinafter referred to as "Grant Program"), that Grantee has read the Grant Program, and that Grantee has had ample opportunity to discuss the Grant Program with Grantee's counselor advisor. Grantee further acknowledges to the CRA that Grantee understands and agrees to abide by all of the terms and conditions of the Grant Program. Grantee agrees to the terms and conditions of the Grant Program. 2. Grantee is the record owner/tenant of property described as 3. Grantee has agreed to make certain improvements to the property pursuant to the grant applieation submitted to the CRA dated attached hereto as Exhibit A and incorporated herein by reference. 4. Grantee agrees to complete the construction of the landscape improvements within one (I) year ofCRA Approval. Grantee agrees to fund at least 50% of the costs of the landscape improvements. Grantee is prohibited from paying for any improvements funded under this program with cash; all payments for approved projects must be in the form of a check or credit card drawing on funds from Grantee's accounts. Landscape Improvement Grant Agreement FY 2009 I 17 A 5. CRA has approved a grant to Grantee in the amount of to be administered pursuant to the terms of this Agreement based on an estimated cost of . If the actual cost of materials is less than $5,000 to construct the improvements, the grant amount shall be reduced dollar for dollar in CRA funds as determined by the ratio of matching private funds required. 6. Grantee agrees to consult with the CRA and Collier County Extension Services (hereinafter "Extension"). Grantee consents to site visit(s) from a Master Gardener from Extension and agrees to devise a landscaping plan in accordance with good gardening practices as described in Waterwise: South Florida Landscape by the South Florida Water Management District and A Guide to Florid-Friendly Landscaping by Florida Yards and Neighborhood Program. Grantee also consents to site visits from a Master Gardener to assess and inspect the site in accordance with terms ofthe LlG Program. 7. Grantee understands that all landscaping requires some degree of maintenance. During the initial site visit, Grantee agrees to cooperate with Master Gardener to determine the level of maintenance required to keep the newly installed landscaping healthy and attractive. Grantee agrees to maintain the landscape in such a way as to (I) be consistent with good gardening practices as explained in Waterwise: South Florida Landscaping and A Guide to Florida-Friendly Landscaping and (2) be an attractive neighborhood amenity contributing to area redevelopment. 8. Grantee understands that landscaping with invasive pest plants pursuant to publications by the Florida Exotic Pest Plant Council and Native Plant Society is strictly prohibited through this grant and no funding shall be awarded if any landscaping incorporates invasive pest plants. Grantee agrees to remove all invasive pest plants that may exist in the existing landseaping. 9. Upon completion of the work, Grantee shall submit to the CRA staff a project summary report, two (2) 8 inch by 10 inch photos of the landscaping after the project is completed, a plant list and list of materials and landscaping techniques used, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the improvements were constructed pursuant to the terms of the application approved by the CRA. 10. Within forty-five (45) days after confirmation that the improvements were constructed pursuant to the terms of the approved applieation, Grantee shall be issued a check in the amount of the grant. However, if Grantee fails to make the improvements pursuant to the terms ofthe approved application, or if the project is not completed within one (I) year ofCRA approval, or if Grantee fails to fund at least 50% of the cost of the landscape improvements, the grant shall be deemed automatically revoked and Grantee shall be entitled to no funding. 11. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 12. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. Landscape Improvement Grant Agreement FY 2009 2 17A No change, modification or amendment, or any representation, 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. 13. This Agreement is personal to Grantee, and may not be assigned or transferred by Grantee or to Grantee's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. GRANTEE(s): (I) Witness Signature By: Printed/Typed Name Printed/Typed Name (2) Witness Signature By: Printed/Typed Name Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Marjorie M. Student-Stirling Assistant County Attorney Landscape Improvement Grant Agreement FY 2009 3 1. "-. A IBAYSHORE r II GATEWi Y 11ll1i . ~ TRIANGLE I EXHIBIT D I Bayshore Gateway Triangle eRA I (>~f\m ("rei.,d [;-)!:ikih:l!:r ""')1'1(1;: C:rG""! !;fc,'" Commercial Building Improvement Grant Program The Commercial Building Improvement Grant Program (C-BlG) is a redevelopment initiative funded and administered by the Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) as partial reimbursement for exterior and interior improvements to commercial buildings within the Redevelopment Area. Overview of the Program Most owners of commercial properties or businesses located within the CRA boundaries may be eligible to reeeive C-BIG funding. Not-for-profit, 501 (c) (3) and other private entities such as churches, etc., are not eligible for C-BIG funding but may be eligible for grants through the Site Improvement Grant program. The C-BlG program funds both exterior and interior improvements to qualified commercial buildings in the CRA. Funding for interior improvements is contingent upon grantees performing exterior improvements earning the maximum funding under the C- BIG program. All interior and exterior improvements must be approved by the CRA prior to commencing any C-BIG-funded projects. All exterior improvements must be visible to the public, either from the public right-of-way or some other highly visible location. Grantees generally receive C-BlG funds in about 45 days alter CRA staff visit the site and review all paperwork (see Required Paperwork for Reimbursement) and verify grantee eligibility. Applicant Eligibility Applicants must own a business or a commercial building within the Redevelopment Area (See map in Appendix A). Eligibility criteria are as follows: . Applicants who are business owners must have a valid occupational license at the time of application. . Business owners who rent the building or unit space where their businesses are located must secure a signed Owner Authorization Form (attached) from the building owner to construct improvements. . Business owners who rent the building or unit space where their businesses are located are strongl v encouraged to have a lease guaranteeing a fixed rent for 24 months from the time the grant is approved. . For applicants who own commercial buildings with tenant(s), leases for all tenants must reflect that rents are fixed for a period of 6 months with submission of Project Summary Report in order to receive reimbursement. Applicants may submit only one application a year. A business site--defined as the address of business location-may receive up to three C-BIGs, not to exceed the maximum allowable amount in effect at the time of the first application, subject to availability of funds. Once a business site has received its maximum funding, it is no longer eligible for further C-BIG funding for the remaining life of the program (subject to J7A A IBAYSHORE GATEWJY I! .. TRIANGLE EEEIl8 ~ Bayshore Gateway Triangle eRA I CQrnTe;~i?; Buijji:"I1] Iq1;:n:'-,'r;~rle"t Gra"lt Inbm""tj,,' CRA funding availability). This rule also applies to applicants in the same way: one applicant may receive up to three C-BIGs up to the maximum amount permitted at the time of the first application. Bids for Work For each type of improvement to be funded, applicants must obtain a minimum of two bids by contractors from the list on the Collier County Contractor's Search page, located at http://apps2.colliergov.netlwebapps/vision/ConCertldefault.aspx . Bids from contractors not listed in this database will not be accepted for the C-BIG program. The grant amount will be equal the sum of the lowest bids (not to exceed $70,000) by all contractors for each improvement though any contractor listed in the above database may be used. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify the improvements are complete (this includes review of certificates of occupancy and/or permits from Collier County). To receive reimbursement, grantees must prove that payment for the improvements was paid to contractror( s) listed in the above datase by personal check or credit card in the name of the grantee. Under no circumstance will payment to unlicensed contractors or subcontractors be reimbursed. Grantees must provide receipts or invoices with the payment amount indicated clearly. No reimbursement will be disbursed for work paid for with cash. Project Requirements Exterior Improvements In order to be approved, exterior improvements must result in one or more of the following: (I) increase in the aesthetic appeal of the area; (2) improvement to the functionality of the premises; (3) remedy ofstructura] problems or code violations or (4) aid in business operation. The grantee will be reimbursed for exterior improvements at a 50 percent match, up to a maximum award of $30,000. The following are examples of improvements eligible for grant funding. Installation of or repair to: . Stucco . Doors . Brick or textured pavement . Exterior lighting . Awnings . Windows . Stormwater enhancements . Painting . Masonry . Landscaping (may require installation of irrigation) . Shutters . Electrieal work related to exterior lighting . Signs . Fencing . Roofing . Any other improvements subject to CRA approval. 2 17A IBAYSHORE GATEWAY I! ~ i. TRIANGLE EBEB uH~ Bayshore Gateway Triangle eRA I Commercja! BuiUil1f] liT,prC-,"':H1(oTlt Gr3!".t InTl)n11ati,>'-, Examples of other improvements which qualify for grant funding include the following: . Removal of deteriorated materials . Enhancement of access (e.g. . Installation of Old Florida & other wheelchair ramps) bonus architectural details (See . Demolition required to build a new Appendix B) entrance to a building . Parking lot improvements . Remediation of code violations . Building cleaning (sand . Architectural/ engineering services blasting/pressure washing) . Landscaping' . Courtyard and outside dining design . Any other improvements subject to and development CRA approval. 'Landscaping with invasive pest plants listed by the Florida Exotic Pest Plant Council is strictly prohibited (this list available from CRA). Landscaping techniques as outlined in Waterwise: South Florida Landscapes, published by the South Florida Water Management District is encouraged; free copies of this manual are available at the CRA office. Special assistance for landscaping is available free of charge through Collier County Extension Services. Contact a master gardener by calling (239) 353-4244. NOTE: Projects listed below are ineligible for C-BIG funding. . The removal of architecturally . Property acquisition; important details; . Any work by non-licensed contractors; . Installation of aluminum or vinyl . Construction of free-standing buildings siding; (including construction of new rooms . Improvements commenced prior to to existing structures); execution of agreement with CRA; . Refinancing of debt; . Purchase or installation of statues or . Non-fixed improvements; and fountains; . Sweat equity. Interior Improvements Grantees who wish to improve the interior of approved commercial properties may be reimbursed for that work through the C-B1G program only ifthey earn the maximum dollar award for exterior improvements. Interior projects must be approved at the same time as exterior projects and will be reimbursed at a 50 percent match, up to a maximum award of $20,000. A grantee who fails to perform enough exterior improvements to earn the maximum grant amount will forfeit all reimbursement for interior improvements. All documentation requirements for exterior improvements also apply to interior improvements (see Bids for Work and Required Documentation for Reimbursement above). 3 Bayshore Gateway Triangle eRA I (ornrnercj=JI BI.lHdin~ll,npf,."'...':mF!'nt Grant jr.f'onll.'lti-"- l7A A IBAYSHORE GATEW/.Y I! . J TRIANGLE 8383U " ~ The following is a complete list of qualified interior improvements . Asbestos removal . Lighting improvements . Paint . Improvements necessary for . Electrical work to meet code ADA-compliance requirements . Flooring upgrades and . Plumbing to meet code replacement requirements . Ceiling upgrades or repair. . Termite damage repair No other interior improvements will be approved for funding. Change Orders and Time Extensions Change Orders to Increase Funding After a C-B1G agreement is executed, if a grantee discovers flaws in the building related to approved exterior or interior improvements, a change order may be issued to increase funding not to exceed the maximum award available. Change orders must be requested in time for staff to process the request and secure approval (allow a minimum of one month prior to expiration of grant). IMPORT ANT: change orders cannot be processed within the last two weeks of the grant period. Upon successfully completing work under the original C-BIG, grantees must wait one year and may then apply for additional funding for work unrelated to the original improvementls]. Time Extensions The CRA understands that redevelopment projeets can take more time to complete than is originally anticipated. For grantees who cannot complete their projects within one year, time extensions may be granted. Grantees needing extensions must request the extension within two months of the grant's expiration. Note: no extensions can be granted within the last two weeks of the grant period. IMPORTANT: Grantees must verify that applications for permits were submitted to Collier County within four months after execution of the grant agreement and that construction of improvements commenced within six months after execution of the grant agreement. Funding Levels and Matching Requirements Base Funding The base maximum grant award is $50,000 with the following breakdown offunding: I) $30,000 in 50/50 matching funds for exterior improvements; 2) $20,000 in 50/50 matching funds for interior improvements -absolutely no funding for interior improvements will be permitted if grantee does not perform a minimum of $60,000 of exterior improvements. 4 Bayshore Gateway Triangle eRA I FY 2009 C{)r;1rn.c;~ci.31 B\Jil'!~n:, "T:pr,-,v;::.' 17A A IBAYSHORE I' " . ...... GAU~cfL~ 8l8lm " ~ (' :;",' 1'-1' "'I;';1tin," Bonus Funding Allowances Svecial Allowance for Architectural and/or Emdneerini! Services: Ten-thousand dollars ($10,000) in non-matching funds for architectural or engineering consultation is available for grantees whose projects earn maximum base funding. Original drawings with raised seals must be presented to CRA stafffor verification purposes with the Project Summary Report after improvements are completed. These documents will be returned to grantee after verification is confirmed. Svecial Allowance for "Old Florida" and Other Bonus Architectural Details: Grantees who incorporate "Old Florida" or "Florida Cracker" or other bonus architectural styles (See Appendix B for details) may qualify for up to a $10,000 no-match bonus if the grantee qualifies to receive the maximum $60,000 award amount. To qualify for this bonus, grantees must incorporate enough elements to achieve a minimum of 150 points based on the point values of these bonus architectural styles as detailed in Appendix B. 5 Bayshore Gateway Triangle eRA I FY 2009 Commercia! Buii:En;:' hlP~''()'JG{nen; C' ~n( ,l1,.;:X)':"l(ii>: A IBAYSHOREl7 A GATEW,:Y I! . t TRIANGLE EIlEllU,~ Appendix A: eRA Map & Funding Summary Map: Location of Bayshore Gateway Triangle eRA Location of CRA within Collier County CRA Close-Up ""'z \, 't' ~# ~ o , CR840 _CRA Roads Collier County ',~"" ';-~~ ~i',~; ~\ '\- 'Y v.s>i '. IMMOKALEEROE ~ ~ I I OJ 175 [!] .;~ - o/'~.;' US" ", . ;.,. , + D CRA Boundary - Major eRA Roads Water Bodies eRA Funding Summary Funding Type eRA Amount Applicant Match EXTERIOR PROJECTS: Base Level $30,000 MINIMUM $1- TO-$I Funding INTERIOR PROJECTS $20,000 MINIMUM $I-TO-$I ArchitecturallEngineering Consultation $10,000 NO MATCH REQUIRED Bonus for Old Florida & Other $ I 0,000 NO MATCH REQUIRED Architectural Details Appendix -I 17A A IBAYSHORE lluH~ GlRU~GALl Bayshore Gateway Triangle eRA I FY 20GS (;O';'i11l'2"'d;.l.1 BuildmrJ Imp,nven':ent G'i',:)i')l f;.; ", ':'l('k; Appendix B: Examples oeOld Florida & Other Bonus Architectural Desi n Details IA~ Description of Architectural Detail ~ ,; Embellishments I Architectural Details 5 Embellishmenlssuch as fountains or pergolas (but excluding ben ches) are installecl atthe front of building lacing the streetoro therareafrequentlyaccessedOji the public, such as patio dining areas, (These embe!lishments do not qualify for lIG funding. but will bE' considered for award of bonus funding) 5 loading and service areas are localed in rear Of building - 2 Air c:ondilloning, otller mechanical equipment, and trash dumpsters are screened and buffered to control adverse sound and Visual impacts Screening IS provided bynon.invasrve landscapmg or other construction Facade Details 10 Fa~~dewallbuildingmaterials shall be alwood, hardiboard, cementboard.(orothermaterialwithwoodenappearance)ornaturalstonefinish _._.- 10 Attached buildmg awnings. canopies, or balconies shade pedestrranwalkvvays 10 Windows vvith vertical orientation aCid the appearance of dNided glass tnm -- 10 Front of buildmg has a porch with wood or hardiboard (or other material with wooden appearance) facade and shading from metal roof ---.-.---- 8 No large blank walls face the street 5 Building includes cayvvindO\llJ(s) ---.-...-.-- 5 Awnings are coordinatedW1th common style, color, and support elements ------. 3 Arry blank exterior walls viewable from the public.nght-of-way or other area frequently accessed by the public are treated with trellises, planters, Of other human scale architectural elements -----.-.--- 2 Thirty-five percent of the building fa~ade along Bayshore Drive will be clear glass ---- 2 Garage doors are not Vlsible from the street Building I Site Orientation 15 The building design incorporates open space for public use, such as a park (park must be constructedW1th public-use amenities sue has benches, play sets, fountalrtS,etc) -----" __'W'.' ._.___~ 10 The principal pedestrian entrance faces the mad 10 Building is onented to allow use of common driveways - -----.. 10 The blJlldmg design incorporates open space for public use, such as a park,andis sharedwiltiadjacoontpfOperty Parking Lot 15 Parklngareaislocatedbehindbuildmg --- 15 Parkmglot,located beside the building, is used by users of adjacent properties through Interconnected driveway access --.-.. 5 Parking lots VISible from the street are shielded by landscaping With vegetation not listed as invasive plJnt species by the Florida Exotic Pest Plant Council Pedestrian-5cale Design 10 Pedestrianvv<llkvvays are separated from vehicular traffic bylandsc aping, grading, or use of alternative palling material, such as pavers 5 The bUilding incorporates pedestrian-scaled light fixtures 5 Pedestrianwalkvvays are shaded by vegetation not listed as mvaslve plant species by the Florida Exotic Pest Plant Council Roof 20 Building has a metal gabled roof,provlded m "Mill" finish(naturalaluminum),notcolored NOTE: Applicants must earn a total of 150 points to qualify for the Old Florida/Architectural Details bonus of $10.000. Determination of ualification is made b eRA staff upon pro'ect com letion. Appendix -2 Ja7A \BAYSHORE GATEW;\Y I! ~.' TRIANGLE WEE uH~ Bayshore Gateway Triangle eRA I FY 2009 COE1m<2TCiJ1 Bui!dif18 Improvc'rH~ni G":V1~ f,,;,p:i':2'tir:r C-BIG Application (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone Alternate Phone E-Mail Address Do you own or lease the property? I I Occupational License No.1 (if applicable) Project Information Describe the existing conditions of the site (attach additional sheets if necessary). Outline the proposed improvements in detail (attach additional sheets ifnecessarv). REQl1mEIl An A( IIMFN'IS FROM AI'I'UC-\N I: I) Ollt' estimate c.H.'h lrofll I \VO l'on(radors lor ('.ll,'h pmit'd. I hc<.;L' um(tdc!OIS MlIS I be listed 111 lhl' online d,lldb"SC~ 2) BUSHlCSS 0\\ ners: ('OP) 01 occupatIOnal hn'lIsl.'. eRA STAFF: I) Attach two color photos of each project to be performed. 2) Attach Property Appraiser 10. Estimated cost of improvements: Maximum grant award: $ $ J.7A A IBAYSHORE GATEWAY I'",",.. TRIANGLE EEEBU ., ~ Bayshore Gateway Triangle eRA I FY 20C:! CO(l)rn0rcial BlJild;n,::: ImplC>Jvernent Grant App1ir;:~n(\n Lessor / Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, authorize said tenant to complete the improvements listed under Section 2 of the completed Commercial Building Improvement Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Lessor / Owner Authorization Form was executed before me this day of ,200_ by , owner of the property located at who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 2 A IBAYSHORl7 A GATEWt,Y I' . j. TRIANGLE EEEBU .,~ Bayshore Gateway Triangle eRA I FY 2nD9 Cornmeicial Bl'ildinq knprnvernpni' Grflnt Apj)!k..~t1r):1 Applicant Commitment of Resources 1/ we, , owner( s) / tenant( s) of the commercial property located at , have the funding and all other capability necessary to begin the site improvements listed above and have the ability to complete all improvements within one year of the approval of the improvement grant by the Collier County Community Redevelopment Agency. I / we further affirm that payment for all work on approved improvements will come from accounts in my / our name(s) or the name(s) of entities registered in the State of Florida which I / we have incorporated or otherwise registered with the state (verification is required). Payment for improvements by from persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (if leased) Date Signature of Tenant (ifleased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) 3 17 A II',."', ~t IBtAU~jU mm D<<~ Bayshore Gateway Triangle eRA I FY 2009 COH11w:.!fCia! 8!1ik!i,'D lnlpr"o\'f;'nwn\ G":~'-,' p .')If,,~~j SlWH1VH)' & Payrr:ent R~q\V"st Grantee Pro.iect SummarY & Evaluation <attach additional sheets as necessary) Proiect Summarv Deseribe the improvenlents made._ --------..--- ------ ----- ---------- __n____.._ -------- List all vendors / contractors nrovidin2: materials or services for this project with contact information. Vendor / Service Provider Phone Number or Address or Website Grantee Signature Date Grantee Signature Date CRA Staff: Color photos of completed project from site visit must be attached to this report. I A IBAYSHOR~7 A GATEWAY -,"" .IJ TRIANGLE E!l.o " ~ Bayshore Gateway Triangle eRA I FY 2009 Commercla.1 Builrling Improvement Gr~!nt p";)!,,,{:t Sumrn_O!rj & Payment Reqc':?st Pavment Reauest On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Commercial Building Improvement Grant program: Improvement Cost f-- - ---------- - ----- ---------- -- --- ------..----- ----- ----- --- ----...--- ----..- -- ---- f--- ------..-- ------ ---- -...----- -- -- - -r------------ - ------ --------- _u_ --------- ----..--- -- -- ----- ____n_ ------- ------ ------- ----- ---- --- - - --------------- ---- --..-- -..------ ,....--.--.--.--- ----------..- ---------- -----------.------------------- Total I hereby confirm that all items listed above have been completed as outlined in the Commercial Building Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of $ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this day of ,200 - by , owner of the property located at ,who: _ is personally known by me OR who has produced as proof of identity. Affix notarial seal Notary Publie (Signature) Print Name of Notary Public Commission No: Mv Commission eXDires: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE FOLLOWING: (I) VENDOR/CONTRACTOR INVOICE I RECEIPT AND (2) COPY OF CANCELLED CHECK OR CREDIT CARD VALIDATION TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE. 2 17 fi GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR COMMERCIAL BUlLDINGIMPROVEMENTS FOR BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ENTERED this day of , _ by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and (hereinafter referred to as "Grantee"). 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 CRA grants including contracts with Grantees for CRA grants; and WHEREAS, Ordinance No. 08-XX established the Commercial Building Improvement Grant; and WHEREAS, Grantee has applied for a Commercial Building Improvement Grant in the amount of dollars; and WHEREAS, the CRA has determined that Grantee meets the eligibility requirements and was approved for a grant award in the amount of dollars on ("CRA Approval"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Grantee acknowledges to the CRA that Grantee has received a copy of the Collier County Community Redevelopment Agency Commercial Building Improvement Grant Program Information and Applieation (hereinafter referred to as "Grant Program"), that Grantee has read the Grant Program, and that Grantee has had ample opportunity to discuss the Grant Program with Grantee's counselor advisor. Grantee further acknowledges to the CRA that Grantee understands and agrees to abide by all of the terms and conditions of the Grant Program. Grantee agrees to the terms and conditions of the Grant Program. 2. Grantee IS the record owner / tenant of property described as 3. Grantee has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated attached hereto as Exhibit A and incorporated herein by reference. 4. Grantee agrees to complete the construction of the commercial building improvements within one (1) year of CRA Approval. Grantee also agrees to fund at least 50% of the costs of the commercial building improvements. Grantee is prohibited from paying Commercial Building Improvement Grant Agreement FY 2009 I 17A contractors and/or vendors with cash. All payments for approved projects must be in the form of a check or eredit card drawing on funds from Grantee's accounts. 5. The CRA has approved a grant to Grantee in the amount of to be administered pursuant to the terms of this Agreement based on an estimated cost of . If the actual costs are less than $ to construct the improvements, the grant amount shall be reduced dollar for dollar in CRA funds as determined by ratio of matching private funds required. 6. Unless prior disclosure is included in the grant application, no Grantee, or any immediate relative of Grantee, shall serve as a contractor or subcontractor for the construction of the improvements and no Grantee, or any immediate relative of Grantee, shall receive compensation for labor for the construction of the improvements. An immediate relative of Grantee shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. Grantee has verified that all contractors who have provided bids for the approved work are actively licensed by Collier County. Grantee acknowledges that the total grant award shall not exceed the sum of lowest bids/price quotes for all projects. Grant funds for work performed by contractors shall only be disbursed upon verification that said contractors are actively licensed by Collier County. 7. Grantee agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Grantee shall submit to the CRA staff a Project Summary Report, two (2) 8 inch by 10 inch photos showing the improvements, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Commercial Building Improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty-five (45) days after confirmation that the improvements were constructed pursuant to the terms of the approved application, the Grantee shall be issued a check in the amount of the grant. However, if the Grantee fails to make the improvements pursuant to the terms of the approved application, or if the improvements are not completed within one (1) year of CRA approval, or if Grantee fails to make improvements of at least $ value, the grant shall be deemed revoked and Grantee shall not be entitled to funding. 9. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, 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. Commercial Building Improvement Grant Agreement FY 2009 2 17A II. This Agreement is personal to Grantee, and may not be assigned or transferred by Grantee or to Grantee's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. GRANTEE(s): (I) Witness Signature By: Printed/Typed Name Printed/Typed Name (2) Witness Signature By: Printed/Typed Name Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Marjorie M. Student-Stirling Assistant County Attorney Commercial Building Improvement Grant Agreement FY 2009 3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-61 Which was adopted by the Board of County Commissioners on the 28th day of October, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of November, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk -'" ".,~ . " Ex-officio to Board".<;!! ' County Commissioners _:lli r_ ... ~\~q; Polaski,:' ..'> ',', , -' Clerk .. , Teresa Deputy 17A 17; November 3,2008 Shirley Garcia from the Bayshore/Gateway CRA picked up the CRA Ordinance 2008-61, and will forward it to the state at the following address: Ms. Karlyn Solis Department of State Bureau of Administrative Code RA Gray Bldg. Rm.l 0 I 500 S. Bronough Street Tallahassee, Florida 32399-0250 ~d{w(l(j S irley arcia ~.~~,-~~,---~;,..~.._-_......~,-""'~--'~^-"~,.._~...._'" 178 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ~ Normal Legal Advertisement Oth~r: (Display Adv..location, etc.) ******************************************************************************************************* ** Date: /!J~/-05 Originating Deptl Div: CDES.lZonin2 Person: Petition No. (If none, give brief description): HD-2007-AR-11 Petitioner: (Name & Address): Marla Ramsey, Public Services Administrator. 3301 E. Tamiami Tr.. Naples. FL 34112 Name & Address of any person(s) to be notified by Clerk's Office: (It more space is needed, attach separate sheet) Hearing before BCe BZA Other Requested Hearing date: October 28. 2U08 Based on advertisement flppearing 15 davs before hearing" Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size; Petition: HD~2007~AR-11828 The Collier County Historical and Archeological Preservation Board, requests a Historical Designation for the existing specimen plants and trees on Lot 5 of the Naples Zoo, and the Caribbean Gardens Gatehouse/Gih Shop and outhouse which were part of the Dr. Nehrling tropical garden located on Collier County propelty and leased by the Naples Zoo. The subject property current zoning of the parcel is C-3 and 'IA" Rural Agricultural, consis! of 13.35:i: acre and is located at 1590 Goodlette Road NOI1h, Section 27, Township 49 South. Range 25 East, Collier County. Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes. what account should be charged for advertising costs: Account Number: 068779 & PO Number: 4500096t89 Reviewed by: '-'-- I. -1-_ _ __ ~ , n. :s UV"-'V Divisi6n Administrator or Designee fait /08 Date' ' List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiating person to complete one copy nnd obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney befol"e submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office S, Other bearings: Initiating Division head to approve and submit original 10 Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: M-~ Date Advertised: #{ l?B RESOLUTION NO. 08 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING A 13.35+/- ACRE PORTION OF THE PROPERTY WITHIN THE NAPLES ZOO, COMMONLY REFERRED TO AS THE "NEHRLING PARCEL", MORE PARTICULARLY DESCRIBED HEREIN, AS A HISTORICALLY SIGNIFICANT SITE PURSUANT TO ORDINANCE NO. 91-70, AS AMENDED, THE "HISTORIC/ARCHAEOLOGICAL PRESERVATION ORDINANCE." WHEREAS, on August 7, 1991, the Board of County Commissioners (Board), adopted Ordinance No. 91-70, as amended, the "Historic/Archaeological Preservation Ordinance," which sets forth the criteria and process by which Collier County's historic and archaeological sites, districts, structures, buildings, and properties may be preserved through the designation of "historically significant;" and WHEREAS, Marla Ramsey, Public Service Administrator, on behalf of the owner of the subject parcel, Collier County, filed an Application requesting that the Board designate the property, commonly known as the "Nehrling Parcel", located within the Naples Zoo, as historically significant; a.nd WHEREAS, the Collier County Historic & Archeological Preservation Board has reviewed and considered the Nehrling Parcel at a public meeting held for that purpose and, finding that the designation criteria contained in Section Eight of Ordinance No. 91-70, as amended, have been met, recommended that the Board officially designate the Nehrling Parcel as a historically significant site, subject to the conditions set forth in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Page I of2 170 I. In recognition of its significance in the historical heritage of Collier County and South Florida, the property commonly known as the Nehrling Parcel, located within the Naples Zoo, and more particularly described as: Lot 5 of Naples hnprovement Company's Little Farms, in Section 27, Township 49S, Range 25E, Collier County, Florida is hereby designated as a historically significant site pursuant to Ordinance No. 91-70, as amended, for the reasons set forth in the Application, subject to the conditions set forth in Exhibit "A". 2. The Nehrling Parcel shall hereafter be subj ect to the regulations of the Collier County Historic/Archaeological Preservation Ordinance as they pertain to historically designated property, including all applicable incentives and restrictions. BE IT FURTHER RESOLVED that this Resolution shall be recorded in the Public Records of Collier County, Florida. THIS RESOLU:TION ADOPTED after motion, second, and majority vote favoring same, this _ day of ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: TOM HENNING, CHAIRMAN , Deputy Clerk Page 201'2 ACCOUNT #068779 October] , 2008 Attn: Lega]s Naples Dai]y News ]075 Centra] Avenue Nap]es, Florida 34102 Re: HD-2007-AR-1l828; Naples Zoo Dear Lega]s: Please advertise the above referenced notice on Sunday, October 12, 2008 and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500096189 178 l?S NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, October 28, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING A 13.35 +/- ACRE PORTION OF THE PROPERTY WITHIN THE NAPLES ZOO, COMMONLY REFERRED TO AS THE "NEHRLING PARCEL", MORE PARTICULARLY DESCRIBED HEREIN, AS A HISTORICALLY SIGNIFICANT SITE PURSUANT TO ORDINANCE 91-70, AS AMENDED, THE "HISTORIC/ARCHEOLOGICAL PRESERVATION ORDINANCE" Petition HD-2007-AR-11828, The Collier County Historical and Archeological Preservation Board, requests a Historical Designation for the existing specimen plants and trees on Lot 5 of the Naples Zoo, and the Caribbean Gardens Gatehouse/Gift Shop and outhouse which were part of the Dr. Nehrling tropical garden located on Collier County Property and leased by the Naples Zoo. The subject property current zoning of the parcel is C-3 and "AU Rural Agricultural, consist of 13.35 +/- acre and is located at 1590 Goodlette Road North, Section 27, Township 49 South, Range 25 East, Collier County, Florida. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 178 Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (Seal) Page 1 of I Martha S. Vergara 17B From: Martha S. Vergara Sent: Thursday, October 02,200811 :12 AM To: 'Iegals@naplesnews.com' Subject: HD-2007-AR-11828 - Naples Zoo Attachments: HD-2007 -AR-11828.doc; HD-2007-AR-11828(2).doc Here is an Ad to be placed .. PLEASE SEND AN OK WHEN RECEIVED. Martha Vergara Deputy Clerk II - BMR 252-7240 10/2/2008 Martha S. Vergara 1"78 From: Sent: To: Subject: postmaster@collierclerk.com Thursday, October 02,2008 11 :12 AM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT413216.txt; HD-2007-AR-11828 - Naples Zoo 1'r1 li..J r'1 L:...J ATT413216.txt HD-2007-AR'llB2B (231 B) - Naples Zoo This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Page I of I Martha S. Vergara 178 From: Pagan. Emely [EPagan@Naplesnews.com] Sent: Friday. October 03,20082:53 PM To: Martha S. Vergara Subject: RE: HD-2007-AR-11828 - Naples Zoo ok From: Martha S. Vergara [mailto:Martha.Vergara@colliercierk.com] Posted At: Thursday, October 02, 2008 11: 12 AM Posted To: Legals - NDN Conversation: HD-2007-AR-11828 - Naples Zoo Subject: HD-2007-AR-11828 - Naples Zoo Here is an Ad to be placed .. PLEASE SEND AN OK WHEN RECEIVED. Martha Vergara Deputy Clerk II - BMR 252-7240 10/3/2008 Martha S. Vergara From: Sent: To: Subject: Attachments: !iI UAS16B.jpg (83 KB) Thank you for Date Publication Account Number Ad Number Total Ad Cost Pagan, Emely [EPagan@Naplesnews.com] Saturday, October 04,20088:11 AM Martha S. Vergara Ad Confirmation UAS16B.jpg placing your ad. 10/04/08 NDN 744100 17438B8 $392.50 1 ~~ 178 tiD - /))07 -lW~ NOTICE OF INTENT TO CONSIDER RESOLUTION Notice Is hereby given that on Tuesday, October 28. 2008, in the Boardroom. 3rd Floor, Administration Building. Colller County Government Center. 3301 East Tamiami Trail. Naples, Florida, the Board of County Commissioners will consider the enactment of a County Resolution. The meetrng will commence at 9:00 A.M. The title of the proposed Resolution Is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, DESIGNAT. ING A 13.35 +/- ACRE PORTION OF THE PROPERTY WITHIN THE NAPLES ZOO. COMMONLY REFERRED TO AS THE "NEHRLlNG PARCEL", MORE PARTICU. LARLY DESCRIBED HEREIN, AS A HISTORICALLY SIG- NIFICANT SITE PURSUANT TO ORDINANCE 91-70. AS AMENDED. THE "HISTORIC/ARCHEOLOGICAL PRES- ERVATION ORDINANCE" Petition HD-2007-AR'1l828, The Collier County His- torical and Archeological Preservation Board, re- quesls a Historical Designation for the existing specimen plants and trees on Lot 5 of the Naples Zoo. and the CaribbE>an Gardens Gatehouse/Gift Shop and outhouse which were part of the Dr. Nehrling tropical garden located on Collier County Property and leased by the Naples Zoo. The subject property current zoning of the parcel is C-3 and "A" Rural Agricultural. consist of 13.35 +/- acre and is located at 1590 Goodlette Road North, Section 27. Township 49 South. Range 25 East. Collier County, Florida. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspec- tion. All interested parties are invited to attend and be heard. NOTE: All pNsons wishing to speak on ani' agenda item must register with the County administrator prior to presentation of tile agenda item to be ad. dressed. Individual speakers will be limited to 5 minutes on any item_ The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman. a s[lokE>sperson for a group Or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materi- als included in the Board agenda packets must subm',t said material a minimum of 3 weeks prior to tile respective public hearing. In any case. written materials intended to be considered by thE> Boarel shall be submitted to the appropriate County staff a minimum of seven days prior to the public hear- ing. All material used in presentations before tile Board will become a pemlanent part of the record. Any person who decides to appeal a decision of the Board will need a rE>cord of the proceedings per- taining thereto and therefore. may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon Wllich the appeal is based. If you are a person witll a disabiliti' who needs any accommodation in order to partiCipate ill this pro- ceeding, you are entitled. at no cost to you, to tile provision of certain assistance. Please contact the Collier County Facilities Management Department. located at 3301 T amiami Trail East. Building W. Naples. Florida 34112. (239) 252-8380. Assisted lis- tening devices for the hearing Impaired are avail- able in the County Commissioners' Office. 178 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E.. BROCK, CLERK By: Martha Vergara. Deputy Clerk (Seal) October 13 No. 1743888 ftD- 2DiJ 1 ~I+e- t 1~2% 178 Ail, '. "';",",.+"', 'i.,.,.,..,.".' !Jf ;:I"..., '. :<: '-,,' ,..__.~'.;,.;;'X,\.:,:... '. ;"__.,.;._;f. ,.'0'",.... NOTICE OF INTENT TO CONSIDER RESOLUTION Notice Is MrebY ~. that on Tuesda)'~QctOber 28, 2008. II) th8 ~':.3rd. Floor, ACbrtlnistratlon Building, Collier' <;ounty Government Center, 3301 East TamJamI TraU.. ~DIes._ Florida. the. Board of Coum ComrnllS. JO!M'rsWUl CoMIder.!!J.e enactment of a ~CoantY RltMk.itton. Tbe.,MettIng-'WIlI commence . 9:00 A.M. "I1:le title offt18 propoSed Resolution Is as follows: A RESOLUTION I)F' THE 'SlONERS'OF COLU!R INO A 13.3$-tf~ "'CRE WITHtN THE fIlA C TO AS THE M , LARL Y one NIF'CANT 5 AMENDED, ERVATtON o~ ?etltlon HD.z007, .~Rii!U . The Collier. County HI,s- torlca1 aneJ.:4rd'ttol. . . ~l!t1o'atlon Boartl. re- quests". _,' , unatlon for the ..~1st n. spec::lmfn.nt&',~trMS on lot 5 of the es Zoo,." . CdIJl8iln Gardens GatehOUle Gift .ShOP:aftd~. ",':WhlCh Wete.Part of the I)r. Net\i1Imr'tto . .:-' . ,located on Col~r County PropiIIrW bY the NapIef- Zoo., The su,bject .ro..,ny _ zon!nO 0' "'" llot<e". C'l and "A- RUJ:al' ~k:ulturat, consist of 13.35+/. acre and 15 located at 1590 GoodJette Road Ncirt:h, Sect:lon 27, Township 49 South, Range as East, Collier.County, t'lorlda. copies of the' proposf:d Resolution are on file with the Clerk. to the ',Board irId are available for Inspec. tlon.AlIlntere$ted parties are invited to attend and Dr! heard. N.TE: Ah persons wtshlngto,speak on any-a~d' ttem must reglsterwH:h the COuntY admlnl ator prior to presentatlttn of the agenda Item to e ad. ,dressed. Individual s~rs 'Will ,be limited to 5 .mlntiteson any Item.' The seleetlon onion Individual to speak on behalf of an oraantzaticm or group Is el1COi.ll'aged. If recognized bVY~ tthe C. . rman, a ...1<H....on for . groll(> ... 0 I110Y be "aUotted 10 minutes to speak on an, ; Persons wlshll)g to have \l\!rlttenor graphic mat!'!ri. als' Included' In the Boord agemja,packet5 must submit said roaterlal a 'minimum of 3 Meks prior to the i'e&Dettlve public hqring. In, any .e, written materlall Intended to be.~ bY' the 8o$'d .hIlI be 'Ubl11lt1od to lht_ _11IY $t4ff . ollnhn"m of '"'"'" - _ '<>rlO hear. Ing. All m.aterla! .:Iit':',~befO"'the . 8ci&rd wHl become,....."...~, ,record. Any pers.n who decides to ."pool. dec'slon of the IIoarit "'1m need a ',record of the 'proeeedlngs per- taining thereto and thertfore, .may. need to ensure that. _1m reoord .f "'" .._1110> I. _e. which record Includ8s, the testtmonv ari6 evidence upon whld1 the appeal" bQed. If you are_. per59n ,with. cH....ity who needs any accommodation In order to partICipate In this pro- ,ceedlnu. yOl,t, are entttJed. at no ~0It 't9You, to the proylslon of eertatn"~_lStanq;PlMle.' contact the Cotner ~ Fac"1tfeI Manaaement Department, located at 3301 Tan\iIll'm Tran East. RuUdlng w, Naples, Florida 34112, (239) 252-8380. Assisted lis- tening devices for the hearIng Impaired are avail- able In the County Commissioners;' Office. BOARD Of COUNTY COMMISSIONERS . CO', ,tal, COO NTV ~FLORIDA . TOMHENN~~ i;.:::J. J-..~, ' ,,- . , '.12 ' ' .Na, \-~ RECEIVED NOV 0 3 2008 "!""II' NAPLi~~~C~PT; ..... Published Daily 2008 OCT Naples. FL 14102 17 B. FILED 41 !t:''? ,"'('\! '~JT'1'- f"L CLEt\i\ JF COUP fS Affidavit of Publication State of Florida 8Y--- _ ...__--D.C. County of Collier 0120 NOTICE OF MEEl1III 0120 NOTICE OF . MEnt. - NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, October 28, 2008 In the Boardroom. 3rt! Floor, Administration Building, Cellipr County Government Center, 3301 East Tamlaml Trail, Naples, florida, the Boa.-Q of County Commissioners will consider the enactment. of' a County Resolutlon. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION tJF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY. FLORIDA, DESIGNAT- ING A 13.35 +/- ACRE PORTION OF THE PROPERTY WITHIN THE NAPLES ZOOI COMMONL V REFERRED TO AS THE MNEHRLlNG PARCEL", MORE PARTICU- LARLV DESCRIBED HEREIN, AS A HISTORICALLV SIG. NIFICANT SITE PURSUANT TO ORDINANCE 91.70, AS AMENDED, THe MHISTORIC/ARCHEOLOGICAL PRES. ERVATION ORDINANCE" Petition HD.2007-AR.11828. The Collier County His- torical and Archeological Praservation Board, reo quests a Historical Designation for the existing specimen plants and trees on Lot 5 of the Naples Zoo. and' the Caribbean Gardens Gatehouse/Gift Shop and outhouse which were part of the' Dr. Nehrlln; tropical garden located on ColHer County Proparty and leased by the Naples Zoo. The ,subject. property current zoning of the pa~119 c.] and "AM Rural Agricultural, consist of 13.35 +/. acre and Is located at 1590 Goodlette Road North, Section 21, Township 49 South, Rangl! 25 East, Collier County, Florida. copies of the proposed Reso)ution are on flIe with the Clerk to the Board and are available for inspf>c. tlon. All Interested parties are lnvitl"d to attend, and be heard. NOTE: All persons wishing to speak on any i"genda Item must register with the County admInistrator prior to presentation of the agenda Itt"m to be ad. dressed. Indivlcklal speakers will be limited to 5 minutes on any Item. The selection of an IndIvidual to speak on behalf of an organization or group Is encouraged. If recognized by the Chairmar1, a spokesperson for a group or or9.anization may be allotted 10 minutes to speak on an Item. Persons wishing to have written or graphiC maUl'ri- als included In the Board agenda packets must submIt said material a minimum of 3 wepks prior to the respective publiC hearing. In any case, written materials intended to be conslderPd by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the. public hear- ing. All material used in presentations bfofore. the Board will become a permanent part of the record. Any person who decides to a,/,peal a deci~lon'of the Board will need a record 0 the proceedings per. talnlng thereto and therefore. may need to f'nsure that a verbatim record of the proceedings is mildf', which record Includes the testimony; ard evldef'\Cfl upon which the appeal is based, If you are a person with a dtsabili~y whq nee~s any accommodation in order to partiCipate In thiS pro. ceedlng, you are entitled, at no cost to you. to the provision of certain assistance, Please contact the Collier County FacUlties Management Oep,ilrtmf'nt. located at 3301 Tamiami Trail East. Building W, Naples. Florida 34112, (239) 252-8380. As_<;.is~d lis- tening devices for the hearing impaired are avail, able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONfRS COLLIER COUNTY, fLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara. Deputy Clerk (5pal) Ortobp.r 13 No 1741RRR Before the undersigned the) serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida. that the attached copy of the advertising, being a ' PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on October 11'h2008 Alliant further says that the said Naple~ Daily News is a newspaper Published at Naples, in collier county, Florida and that tbe said newspaper has heretofore been continuously published in said Collier County, Florida: distributed in Collier and Lee counties of Florida, each day' and has b~cn entered as second class mail matter at the post office in :--Japles, in said Collier County, Florida. for a period of I year next preceding the first publication of the attached copy Dr advertisement; and affiant further says that he has neither paid nor protl1i~cd an}' person. firm or corporation allY discount rebate, comlJ1ission or refund for the purposc of securing this advertisement lor publication in the said newspaper j '~.--1 ( Signature of affiant) Sworn to and subscribed before me This 28'", Day Of October 2008 o.ClJT-.(<,6 ublic FE! 59-257 i;,1~~:~) JP._,." ,."I;..., (), JUG'i J\NF-S ~~o'wnl .'icn 00 675029 Exp:r,:,s ~AHY 1 G, ')(::11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 B I' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Oliginal documents should be hand delivered to the Board Office. The completed !'Outing slip and original documents are to be forwarded to the Board Oflice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excPntion of the Chairman's siO'nature, draw a line throuoh routina lines #1 throuO'h #4, cotTIJlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routine: order) I. 2. 3. 4. Jeff Wright, Assistant County Attorney County Attorney JW 10-29-08 5_ Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff Melissa Zone, Principal Plalmer Pbone Number 252-2958 Contact Agenda Date Item was 10/28/08 Agenda Item Number 17-B Annroved bv the BCC Type of Document Resolution (2008-317) Number of Original One Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes colunm or mark "N/A" in the Not Applicable column, whichever is a r nate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-thaough and revisions have been initialed by the County Attorney's JW Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the JW document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JW si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip JW should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 10/28/08 and all changes made during JW the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the cban es, if a licable. I: Forms/ County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 07-CPS-00705/8 17 B 1~ MEMORANDUM Date: October 31, 2008 To: Melissa Zone, Principal Planner Zoning and Land Development From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2008-317 Your document has gone to recording, you will receive a copy of the document referenced above, (Agenda Item #17B), which was adopted by the Board of County Commissioners on Tuesday, October 28, 2008. If you have any questions, please contact me at 252-7240. Thank you 17 B ~, RESOLUTION NO. 08 - 31 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN SPECIMEN PLANTS AND TREES AND THE CARIBBEAN GARDENS GATEHOUSE/GIFT SHOP AND OUTHOUSE LOCATED ON PROPERTY WITHIN THE NAPLES ZOO COMMONLY REFERRED TO AS THE "NEHRLING PARCEL", WHICH PARCEL IS MORE PARTICULARLY DESCRIBED HEREIN, AS HISTORICALLY SIGNIFICANT, PURSUANT TO ORDINANCE NO. 91-70, AS AMENDED, THE "HISTORIC/ARCHAEOLOGICAL PRESERVATION ORDINANCE_" WHEREAS, on August 7, 1991, the Board of County Commissioners (Board), adopted Ordinance No. 91-70, as amended, the "Historic/Archaeological Preservation Ordinance," which sets forth the criteria and process by which Collier County's historic and archaeological sites, districts, structures, buildings, and properties may be preserved through the designation of "historically significant;" and WHEREAS, the owner of the subject parcel, Collier County, filed an Application requesting that the Board designate qualifying specimen plants and trees and the Caribbean Gardens/Gift Shop and outhouse located on the property, commonly known as the "Nehrling Parcel", located within the Naples Zoo, as historieally significant; and WHEREAS, the Collier County Historic & Archeological Preservation Board has reviewed and considered the request at a public meeting held for that purpose and, finding that the designation criteria contained in Section Eight of Ordinance No. 91-70, as amended, have been met, recommended that the Board officially designate the qualifying specimen plants and trees and the Caribbean Gardens Gatehouse/Gift Shop and outhouse located on the Nehrling Parcel, as depicted on the site plan attached as Exhibit "A", as historically significant, subject to the conditions set forth in Exhibit "B". Page I 01'2 178 " NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. In recognition of their signifieance in the historical heritage of Collier County and South Florida, the specimen plants and trees and the Caribbean Gardens Gatehouse/Gift Shop and outhouse, depicted on the attached Exhibit "A" and located on property commonly known as the Nehrling Parcel, within the Naples Zoo, which parcel is more particularly described as: Lot 5 of Naples Improvement Company's Little Farms, in Section 27, Township 49S, Range 25E, Collier County, Florida are hereby designated as historically significant pursuant to Ordinance No. 91-70, as amended, for the reasons set forth in the Application, subject to the conditions set forth in Exhibit "B". 2. The Nehrling Parcel shall hereafter be subject to the regulations of the Collier County Historic/Archaeological Preservation Ordinance as they pertain to historically designated property, including all applicable incentives and restrictions. BE IT FURTHER RESOLVED that this Resolution shall be recorded in the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 2~~day of~...- ,2008. .~'/:D ,;/~ . " ATTEST': '~>, , .. DWIGHTE~.t:mOdl,CI~rk ..", ,.... '1.; --I . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA I f By: 'flrl ._.J TOM HENN , CHAIRM ~ By:-- .. Attest n ~Iq.al.,..' I , D u S1Qnaturi onl~.-J Approved as to form and Ie sufficiency: / (j right t County Attorney Page 2 01'2 III' I ,I 178 ! i' i I i' ,!II '41 III II l'll!l ~ jll!lq!'! ll;j ~~~I 1" . I' I:l!~' II i j;d . Iii '1;1 J I ., II ill "Ill Iii ~ ,I, I Ii I' ',' ,(I 'II ,IR 11'1 " I"I! 'I' ", ," hI - !!Iii! /----- .:11,1 . I !i !l : !i !l " ! il !I iiii! - - ----... 11. ~ / - , I I'" . , - "01 . It IEi!e~~ / , I , \ , '. '!I \ I Ii: I. I \ , I , I I , , I I / ~ - '-.... , i I I / I I I ....... Ilil I I I I I I liil I I I I i~~~ G I , I I i' I~ ~ I I c I.' I I . I I . I I I I I I. I I' I I I .1 I I I co .1 I I i-+- l- I I I I 9 . I I I . II .J ~'il:11"""'t II It) I----n_~ I tl1 (N)no-~l I I '1_1- I 0 " 0 -..J I I ' -..J I I I 'I! I 'I I I ;1 I I I ". I.~ II __-1 ~ I I I I I , I . I IJ I I .,' . ' I F . I 1- i ~ I . I ~i ~ I I i! ~i . I I b I ~ Ii i I I I '" I ~ .1 l- I I 0- -..J , I J I I I I ~~. I I ---""'.... l ~a -~;) OYOH )I I I'MlJ 3U:31000D 1ID#4O',~w..sr(lt~ I I I . . , Conditions of Approval for HD-2007-AR-1l828 178 I' I. The existing specimen plants and trees on Lot 5, and the Caribbean Gardens GatehouselGift Shop and outhouse (8CR972) listed on the attached map (Exhibit A to the Resolution) shall be this historic designation. These plants and trees shall be maintained and labeled, as appropriate, historic by the Naples Zoo. In the event of a natural disaster the Naples Zoo shall not be required to replant a similar species unless it is at the discretion of the Naples Zoo and/or Collier County. 2. The fust clearing for the proposed redevelopment of the Naples Zoo in the vicinity of the Nehrling House Site (8CR974), and Slathouse (8CR975), indicated on the site plan (Exhibit A to the Resolution) shall be monitored by a certified archaeologist. In the event that artifacts are found, such artifacts are the property of Co1lier County. The display of any historic artifact would be at the Co1lier County Musewn unless the Naples Zoo utilizes the GatehouselGift Shop as a musewn, then they can be displayed on-site. 3. The HAPB asswnes that the Naples Zoo shall have no financial obligations as a result of designating the qualifying specimen plants and trees and the Caribbean Gardens GatehouselGift Shop and outhouse as significantly historic. As funds are appropriated, the Caribbean Gardens Gatehouse/Gift Shop (8CR972) and its outbuildings shall be preserved. Providing public use is preferred. Consideration should be given to using the building as a musewn to interpret the Nehrling, Fleischmann and Tetzlaff legacies. However, the execution of some of the recommendations will require identification and securing of funding sources. No time or schedule is associated with any recommendations made by the Preservation Board. While either the County or the Naples Zoo may contribute funds directly to these projects, neither is required to do so. 4. If preservation of the Caribbean Gardens Gatehouse/Gift Shop and its outbuildings in its original location as depicted on Exhibit A to the Resolution is not feasible then it should be relocated and restored. In this last resort, the structure(s) should be moved to a location as close as possible to the original site while maintaining their original spatial relations as much as possible. 5. Management of the archaeological and historic resources listed on Exhibit A to the Resolution shall comply with the provisions of the Collier County Land Development Code. 6. Transportation Services Division shall be granted an unconditional exemption from having to obtain a Certificate of Appropriateness for road improvements related to the North-South service road, which runs parallel to Goodlette-Frank Road (CR-851). The Moreton Bay fig (Ficus macrophylla) and the Padauk tree (Pterocarpus macrocarpus) (as depicted on Exhibit A to the Resolution), juxtaposed to the proposed road alignment in the existing North Parking Lot, shall be preserved to the maximwn extent possible. 7. Figure 29 on page 38 of "A Cultural Landscape Assessment of the Nehrling Portion of the Naples Zoo Property, Collier County, Florida" shall not be displayed by Collier County absent an explanatory discussion of the swastika symbol. Exhibit B 4~~'1n(\1 "n. A41H n/". '''''11 Retn. "" /JU1 VJ\. 't V"l: flJ. .J /11 CLERK TO THE BOARD RECORDED in tn, OPPICIAI RECORDS c' COLLIER COUNTY P! REC PEE INTEROFFICE 4TH FlOOR 11/03/100S at 09:18AM DWIGHT E. PROCK, nm coms m 7240 RESOLUTION NO. 08-31 7 13ZB 4.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN SPECIMEN PLANTS AND TREES AND THE CARIBBEAN GARDENS GATEHOUSE/GIFT SHOP AND OUTHOUSE LOCATED ON PROPERTY WITHIN THE NAPLES ZOO COMMONLY REFERRED TO AS THE "NEHRLING PARCEL", WHICH PARCEL IS MORE PARTICULARLY DESCRIBED HEREIN, AS HISTORICALLY SIGNIFICANT, PURSUANT TO ORDINANCE NO. 91-70, AS AMENDED, THE "HISTORIC/ARCHAEOLOGICAL PRESERVATION ORDINANCE." WHEREAS, on August 7, 1991, the Board of County Commissioners (Board), adopted Ordinance No. 91-70, as amended, the "Historic/Archaeological Preservation Ordinance," which sets forth the criteria and process by which Collier County's historic and archaeological sites, districts, structures, buildings, and properties may be preserved through the designation of "historically significant;" and WHEREAS, the owner of the subject parcel, Collier County, filed an Application requesting that the Board designate qualifying specimen plants and trees and the Caribbean Gardens/Gift Shop and outhouse located on the property, commonly known as the "Nehrling Parcel", located within the Naples Zoo, as historically significant; and WHEREAS, the Collier County Historic & Archeological Preservation Board has reviewed and considered the request at a public meeting held for that purpose and, finding that the designation criteria contained in Section Eight of Ordinance No. 91-70, as amended, have been met, recommended that the Board officially designate the qualifying specimen plants and trees and the Caribbean Gardens Gatehouse/Gift Shop and outhouse located on the Nehrling Parcel, as depicted on the site plan attached as Exhibit "A", as historically significant, subject to the conditions set forth in Exhibit "B". Page I of2 "'R' ~'~O~ "G' ,)'7'7~ v . ':l':l ':l r . JI J i. 17 ( NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. In recognition of their significance in the historical heritage of Collier County and South Florida, the specimen plants and trees and the Caribbean Gardens Gatehouse/Gift Shop and outhouse, depicted on the attached Exhibit "A" and located on property commonly known as the Nehrling Parcel, within the Naples Zoo, which parcel is more particularly described as: Lot 5 of Naples Improvement Company's Little Farms, in Section 27, Township 49S, Range 25E, Collier County, Florida are hereby designated as historically significant pursuant to Ordinance No. 91-70, as amended, for the reasons set forth in the Application, subject to the conditions set forth in Exhibit "B". 2. The Nehrling Parcel shall hereafter be subject to the regulations of the Collier County Historic/Archaeological Preservation Ordinance as they pertain to historically designated property, including all applicable incentives and restrictions. BE IT FURTHER RESOLVED that this Resolution shall be recorded in the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 2 <6-\\.-.day ofO:::~:;e;.,. , 2008. \ ~ '~(-' [~ C ';: ATTEST: . D~IGHT E'BR?CK, Cl~rk " BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA l' 'i B . y:' . Attest nt&?"g..,t'I'JIiI., , De ut Signature Oft ,V' - - Approved as to form and:~ suf~ciency: By: ''PJl_~. TOM HENN Jeff . Assis ?J right t County Attorney Page 201'2 ---17- I- , . I I _ _ _ E :::.-_-=- ~:::. - GOQDLJ'TTE FRANK-"OAD CR~B51_ - -- - - -- -- - I (II) ..Li" . ..H.o+- Ulr..~- ".cr:I1DllJr'" I I I I I I I' , I . l I r- I ," I ~! _0 -l ~ !! I ~ I "" , I ~ , I, I . I j !~ I e ., ! I . . I I II. i I; I I I " I I " I ~": {t ,-- I , 'I: I I I, I i' I I I, I I I r- I,: 0_. 1- !III I r- I ~ II (<ll.OU(..).it-filt 0 ]"/",1.1.0010 I -l -I r- I I "1 I .". I t ~-H II ~ I I I" I "I Ol I I , I I I i "'I I I ~ I I . I I ," I q .1 I I " ~ I I C> 'I ': ::>=' I " I I I ~ , . I I I ,p. ~ .t,II)$"Jn:rt I I ,p. 2Og.~(C) I , co::> , I ~~ I~'~ I I I "':::I I!~I I I Q i~11 ..-------... I I ...-.> '-... - --J I / I I --J , , ......) , 2 / , )>! , i , ~ \ I ". :1, III , =i I ;1 \ .. ii' I lS:lseiia I il:,i I; Ii ; I~ Ii !; ; Ii iil , / ...... I \ !1!iII , , / 1:'.1 I i I !I II 'I! '1 i: I iii ,i" ~ 1 1 I, I / i I r"i /' t i ,I,I!' I ~ -- g., 11'11 I~ ql-' i j I - ~ 11'- 1:1 l~~-P- ~ ~l r i jlil! i! . $ IN i Ii liPq I i - hli IlJ ,,' t l~l, lill ! i I I I :! i ~ hi !'!' i " I ! i I I 17B *** OR: 4404 PG: 3774 *** Conditions of Approval for HD-2007-AR-11828 I. The existing specimen plants and trees on Lot 5, and the Caribbean Gardens Gatehouse/Gift Shop and outhouse (8CR972) listed on the attached map (Exhibit A to the Resolution) shall be this historic designation. These plants and trees shall be maintained and labeled, as appropriate, historic by the Naples Zoo. In the event of a natural disaster the Naples Zoo shall not be required to replant a similar species unless it is at the discretion of the Naples Zoo and/or Collier County. 2. The first clearing for the proposed redevelopment of the Naples Zoo in the vicinity of the Nehrling House Site (8CR974), and Slathouse (8CR975), indicated on the site plan (Exhibit A to the Resolution) shall be monitored by a certified archaeologist. In the event that artifacts are found, such artifacts are the property of Collier County. The display of any historic artifact would be at the Collier County Museum unless the Naples Zoo utilizes the GatehouselGift Shop as a museum, then they can be displayed on-site. 3. The HAPB assumes that the Naples Zoo shall have no financial obligations as a result of designating the qualifying specimen plants and trees and the Caribbean Gardens Gatehouse/Gift Shop and outhouse as significantly historic. As funds are appropriated, the Caribbean Gardens Gatehouse/Gift Shop (8CR972) and its outbuildings shall be preserved. Providing public use is preferred. Consideration should be given to using the building as a museum to interpret the Nehrling, Fleischmann and Tetzlaff legacies. However, the execution of some of the recommendations will require identification and securing of funding sources. No time or schedule is associated with any recommendations made by the Preservation Board. While either the County or the Naples Zoo may contribute funds directly to these projects, neither is required to do so. 4. If preservation of the Caribbean Gardens Gatehouse/Gift Shop and its outbuildings in its original location as depicted on Exhibit A to the Resolution is not feasible then it should be relocated and restored. In this last resort, the structure(s) should be moved to a location as close as possible to the original site while maintaining their original spatial relations as much as possible. 5. Management of the archaeological and historic resources listed on Exhibit A to the Resolution shall comply with the provisions of the Collier County Land Development Code. 6. Transportation Services Division shall be granted an unconditional exemption from having to obtain a Certificate of Appropriateness for road improvements related to the North-South service road, which runs parallel to Goodlette-Frank Road (CR-85I ). The Moreton Bay fig (Ficus macrophylla) and the Padauk tree (Pterocarpus macrocarpus) (as depicted on Exhibit A to the Resolution), juxtaposed to the proposed road alignment in the existing North Parking Lot. shall be preserved to the maximum extent possible. 7. Figure 29 on page 38 of "A Cultural Landscape Assessment of the Nehrling Portion of the Naples Zoo Property, Collier County, Florida" shall not be displayed by Collier County absent an explanatory discussion of the swastika symbol. Exhibit B