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PBSD MSTBU Agenda 03/06/2013 PELICAN BAY SERVICES DIVISION Municipal Service Taxing & Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, MARCH 6, 2013 THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN REGULAR SESSION WEDNESDAY, MARCH 6 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108. AGENDA `n _ g The agenda includes, but is not limited: APR O 113 c) 1. Pledge of Allegiance 2. Roll call BY: ................. 3. Agenda approval 4. Approval of February 13 Pelican Bay Services Division Board Regular Session Minutes 5. Administrator's Report a. Management services contract extension b. Clam Pass dredging permit and project update Misc. Corres: c. Approve construction of remaining crosswalks * d. Monthly Financial Report Date: 6. Chairman's Report Item#: a. Announcements 7. Committee Reports Copies to: a. Budget Subcommittee b. Clam Bay Subcommittee c. Landscape Water Management Subcommittee i. Approve community outreach drafts: proposed program, brochure,and presentation 10. Old Business 11. New Business a. Establish priorities,and identify upcoming meetings b. County's 2013 Beach Renourishment Program c. LED streetlights demonstration project at Pelican Bay Boulevard and Gulf Park Drive (Gi•son) d. Noise abatement 12. Audience Comments 13. Miscellaneous Correspondence 14. Adjourn *Board vote is a icipated ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MI . ES PER ITEM TO ADDRESS THE BOARD.THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT 0► IS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ,COURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING.ANY PERSON W I DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING T.• RETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TE IMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WH' NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISI• OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT(239)597-1749 OR VISIT PELF ANBAYSERVICESDIVISION.NET. District*I District 2 —" District 3 District 4 3/1/2013 3:59:06 PM District 5 1 PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES WEDNESDAY,FEBRUARY 13,2013 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session on Wednesday, February 13,2013 at 11:00 AM at the Community Center at Pelican Bay,8960 Hammock Oak Drive,Naples,Florida. The following members were present: Pelican Bay Services Division Board Tom Cravens,Chairman John Iaizzo Dave Trecker,Vice Chairman Michael Levy John P.Chandler Susan O'Brien Keith J.Dallas Mary Anne Womble Geoffrey S.Gibson absent Hunter Hansen absent Pelican Bay Services Division Staff W.Neil Dorrill,Administrator Mary McCaughtry,Operations Analyst Kyle Lukasz,Operations Manager Lisa Resnick,Recording Secretary Also Present Susan Boland,President,Pelican Bay Property Owners Association Kevin Carter,Field Manager,Dorrill Management Group Steve Foge,P.E.,Humiston&Moore Engineers Lauren Gibson,Turrell,Hall&Associates,Inc. Jim Hoppensteadt,President&CEO,Pelican Bay Foundation Scott Johnson,Sr.Project Manager,Collier County Purchasing Scott Streckenbein,Pelican Bay Services Division Board Candidate Corporal John Scudeti,Collier County Sheriff's Office 50 in audience Agenda(Final) 1. Pledge of Allegiance 2. Roll call 3. Agenda approval 4. Approval of Meeting Minutes a. January 2 Pelican Bay Services Division Board Regular Session b. January 15 Landscape Water Management Subcommittee c. January 15 Clam Bay Subcommittee d. January 21 Pelican Bay Services Division Board Special Session e. January 22 Pathways Ad-Hoc Committee 5. Review of Clam Bay construction bids received by County to reopen Clam Pass (Scott Johnson,Purchasin• 6. Administrator's Report a. Speeding on Pelican Bay Boulevard,enforcement activity to date and planned enforcement ac presented by Corporal Carmine Marceno,Collier County Sheriff's Office(John C a - b. Clam Pass permit update c. Crosswalk Standards(John Chandler) d. Monthly Financial Report 7. Chairman's Report a. Announcements 8. Committee Reports a. Budget Subcommittee(Michael Levy) b. Clam Bay Subcommittee i. Mangrove monitoring report(Tom Cravens) ii. Status of osprey nesting box (Tom Cravens) c. Landscape Water Management Subcommittee(Dave Trecker i. Water collection basins post-construction agency moni : • : equirements ii. Algae control recommendation iii. Community Outreach regarding importance of B . m- ,. Ilk8591 Pelican Bay Services Division Board Regular Session Minutes Wednesday, February 13, 2013 iv. Transition of Coastal Zone Management Water Quality Monitoring program to PBSD d. Pathways/Tree Canopy Committee(Keith Dallas) i. January 22 meeting update ii. *Review of expanded proposal from Ian Orlikoff,ISA Certified Arborist iii. Discussion of next steps e. Strategic Planning Committee update 10. Old Business 11. New Business a. Establish priorities,and identify upcoming meetings b. County's 2013 Beach Renourishment Program 12. Audience Comments 13. Miscellaneous Correspondence 14. Adjourn RECOGNITION OF SERVICE AWARDED TO KEITH I.DALLAS Chairman Cravens presented a presented an award to Mr.Dallas to recognize his dedication and outstanding leadership as Chairman of the Board. ROLL CALL Eight members were present(Cravens,Trecker,Chandler,Dallas,Iaizzo,Levy,O'Brien,Womble)and two members were absent(Gibson,Hansen). AGENDA APPROVAL Mr. Chandler made a motion, second by Mr. Dallas to approve the agenda as amended:Item 7bi., "Review of construction bids received by County to reopen Clam Pass"to follow Item 4e., "Approval of January 22 Pathways Ad-Hoc Committee meeting minutes', then Item 5b., "Clam Pass permit update': The Board voted unanimously in favor and the motion passed. APPROVAL OF JANUARY 2 BOARD REGULAR SESSION MEETING MINUTES Mr. Chandler made a motion,second by Vice Chairman Trecker to approve the January 2 Board Regular Session Meeting Minutes as presented. The Board voted unanimously in favor and the motion passed. APPROVAL OF IANUARY 15 LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE MEETING MINUTES Mr. Dallas made a motion, second by Vice Chairman Trecker to approve the January - Landscape Water Management Subcommittee Meeting Minutes as presented. The Board °-,1;,71 unanimous) in avor and the motion s assed. APPROVAL OF IANUARY 15 CLAM BAY SUBCOMMITTEE MEETING MINUTES Mr. Dallas made a motion, second by Mr. Chandler to approve the Js -,;.: S >' Subcommittee Meeting Minutes as presented. The Board voted unanim s * `i' motion s assed. APPR 1 VAL OF AN ARY 21 B I ARD PE IAL E SI I N MEETIN_ MIN _ Mr. Dallas made a motion, second by Mr. Chandler to appri . ;.i 21 Board Special Session Meeting Minutes as presented. The Board vo °a ,a i "n favor and the motion sassed. 8592 V,. • Pelican Bay Services Division Board Regular Session Minutes Wednesday, February 13, 2013 APPROVAL OF JANUARY 22 PATHWAYS AD-HOC COMMITTEE MEETING MINUTES Mr.Dallas made a motion,second by Mr. Chandler to approve the January 22 Pathways Ad-Hoc Committee Meeting Minutes as presented. The Board voted unanimously in favor and the motion passed. CLAM PASS PERMIT UPDATE Mr. Dorrill reported the Pelican Bay Services Division (PBSD) applied for a one-time,single-event U.S.Army Corps of Engineers'(USACE) Nationwide-27 (NWP-27)permit as was advised by USACE as the most appropriate and expeditious permitting process and get Clam Pass opened as soon as possible. The U.S. Fish and Wildlife Service performed the required Biological Opinion (BO) and results were favorable to allow contractors to work during the day and at night. Presumably,dredged material would be stockpiled during the day at a designated location,and then moved after dark to its final destination. However construction means and methods have not been determined and are dependent upon site conditions and the contractor's judgment. Mr. Dorrill explained a variety of people contacted USACE Jacksonville District Regulatory Division concerned with the NWP-27 application. It is therefore possible that Jacksonville could override the local Fort Myers office and determine it necessary for PBSD to apply for a different type of permit,which could require a public notice and comment period and delay the process. However, Mr.Tim Hall and Mr. Brett Moore will discuss how to resolve with appropriate Jacksonville and Fort Myers authorities on February 15. REVIEW OF CONSTRUCTION BIDS RECEIVED BY COUNTY TO REOPEN CLAM PASS Mr. Scott Johnson, Collier County Purchasing reviewed the construction bids received and preliminary tabulation results to perform the work to open Clam Pass. The intention is to award Section A & Section B construction to local company Kyle Construction to mechanically dredge Sections A&B for approximately$130,000; and award Section C construction to Crowder Gulf to hydraulically dredge Section C for approximately $270,000. However if Crowder Gulf encounters shoals or sandbars west of where the project is intended to start,the cost may increase because the contractor would essentially have to dig their way through to get the dredging equipment to the project's location in Section C. The terms regarding the allowance of dredging additional cubic yards of sa. determined by the engineers,as well as competitive pricing should a delay in the permitting process occur j rk could not begin until after Turtle Nesting Season is over in October,would be in the agreement. Once .-- County Manager would execute the contracts. ADMINISTRATOR'S REPORT SPEEDING ON PELICAN BAY BOULEVARD.ENFORCEMENT ACTIVITY(TO-DATE AND '. i ' Dl Amongst concerns regarding speeding and traffic enforcement activity alo ,4 ' Bay f ° ard, Mr. Chandler requested the Collier County Sheriffs Office provide a report. Corporal Joh I NO?* o.)a ed results of traffic details,and the number of written warnings and citations issued in the P-:,' . Ba .ut was not specific to Pelican Bay Boulevard. Mr. Chandler requested Corporal Scuduto sen• m on spilAtkE g citations issued on Pelican Bay Boulevard. The Board discussed and audience agreed there , - or the Sheriff's presence to patrol and enforce traffic violations. A suggestion was made tt a to + ing and placing a speed-tracking device on the Boulevard.Consensus was to discuss further at t ° 859 Pelican Bay Services Division Board Regular Session Minutes Wednesday, February 13, 2013 CROSSWALK STANDARDS Mr.Dorrill explained at Mr. Chandler's request,Mr.Jim Carr,P.E.,Agnoli,Barber Brundage provided a report in the backup material regarding crosswalk standards. According to Manual on Uniform Traffic Control Devices (MUTCD), pedestrian volume was a consideration, among many things, but not required to determine locations for midblock crossings. Midblock crossings along Pelican Bay Boulevard at North Pointe and at Crayton are marked with standard signage and striping. Midblock crossings along Gulf Park Drive at Ridgewood and Green Tree are not marked and Mr.Carr recommended installing standard signage and striping. Any additional enhancements (red-clay brick pavers) were not required and the County would not permit elimination of existing crossings marked to the MUTCD standard. Mr. Chandler said the Board should decide whether to complete the four remaining CIP crosswalk projects described during the FY '14 budget preparation period. Mr. Chandler made a motion to direct staff to conduct a three-day count of pedestrians and bicycles crossing Pelican Bay Boulevard at Crayton that died for lack of second. MONTHLY FINANCIAL REPORT Mr. Chandler made a motion, second by Mr. Levy, to have the January 2013 financial report entered into the record. The Board voted unanimously in favor and the motion passed. CHAIRMAN'S REPORT ANNOUNCEMENTS Chairman Cravens explained the Property Appraiser gave the Clerk of Courts an outdated list of property owners and the Board of County Commissioners (BCC) declared the first mailing of the PBSD Board's election ballots invalid. The BCC approved a second set of ballots that the Clerk will mail to property owners with instructions to ensure their vote is counted. BUDGET SUBCOMMITTEE REPORT Mr.Levy explained for several years,the Pelican Bay Services Division has been refurbishing traffic signs in the right-of-way and at community driveways. January 22, the Budget Subcommittee voted to make a recommendation to the full Board to authorize$35,000 for this ongoing project. Mr. Levy made a motion, second by Mr. Dallas, to authorize a capital project to refurbish t existing Stop signs at the exits to communities; and at communities where Stop signs do currently exist, with the community's permission, install the Stop signs. The Boar, unanimously in favor and the motion passed. CLAM BAY SUBCOMMITTEE REPORT MANGROVE MONITORING REPORT Chairman Cravens explained that more than a year ago, Mr. Hall began to p a i: e l 4 + itor dying mangroves from atop the Montenero and Grosvenor high-rise condominiums. Mr. Hall'ibili•° infestation of some mangroves stressed by cold weather and determined the problem wa a a a. M en Gibson confirmed that monitoring continues and the observed area covers Bay Colony. ,,,,:::::4_..4,i;,nzii.4.A„,_.1.- ''''''- ,,,,27:7: ' 859 ` Pelican Bay Services Division Board Regular Session Minutes Wednesday, February 13, 2013 STATUS OF OSPREY NESTING BOX Chairman Cravens reported that this Board voted previously to install an Osprey nesting box near the South Beach facility with a webcam that the Foundation agreed to install. Mr.Lukasz did not anticipate problems obtaining a permit from Florida Department of Environmental Protection(FDEP). LANDSCAPE WATER MANAGEMENT SUBCOMMITTEE REPORT COMMUNITY OUTREACH Vice Chairman Trecker prefaced once construction of manmade lakes are complete,there are no monitoring or reporting requirements. As a result, fertilizer misuse, and copper and nutrient runoff is contaminating adjacent waterways. To bring about community awareness of the problems, the Landscape Water Management (LWM) Subcommittee is developing material to communicate landscaping best management practices (BMP) guidelines effectively and requested members send comments on the draft documents to Ms.Resnick prior to February 26 LWM. ALGAE CONTROL RECOMMENDATION Chairman Cravens made a motion, second by Vice Chairman Trecker to direct the Administrator to investigate cost of subcontracting the mechanical removal and disposal of algae in[retention]ponds. The Board voted unanimously in favor and the motion passed. TRANSITION OF COASTAL ZONE MANAGEMENT WATER QUALITY MONITORING PROGRAM TO PBSD Mr. Dorrill reported the process started to transition Coastal Zone Management's water quality monitoring responsibilities and funds to PBSD. UPDATE ON COPPER MONITORING AND STATUS OF TRIAL PROGRAMS ON ALGAE CONTROL Ms.Lukasz reported staff is starting to implement the trial program and installation of aerators at locations within Basin 3 is imminent. At these sites,bacteria would be used to measure clarity. PATHWAYS/TREE CANOPY COMMITTEE Mr.Dallas suggested the Board focus on the tree canopy for now. Mr. Dallas made a motion, second by Mr. Chandler to hire Signature Tree Care for $7,000 project to complete the analysis of trees on Pelican Bay Boulevard. The Board voted 6-2 in favor (Levy,laizzo opposed)and the motion passed. STRATEGIC PLANNING COMMITTEE Ms. Womble recommended the Board to read the next Pelican Bay Post issue for an u rg : on propos Community Center Expansion and Commons reconfiguration projects. NEW BUSINESS ESTABLISH PRIORITIES AND IDENTIFY UPCOMING MEETINGS The Board continued this item at the March 6 meeting. COUNTY'S 2013 BEACH RENOURISHMENT PROGRAM The Board continued this item to the next meeting AUDIENCE COMMENTS Mr.Bob Krasowski was concerned about the cost of and . a I p': ,each renourishment. ,„59 Pelican Bay Services Division Board Regular Session Minutes Wednesday, February 13, 2013 Dr.Gerry Sparks was concerned about noise at Serendipity,alleged the cause was the Waldorf Astoria's operations,and requested this Board's assistance. Dr.Ted Raia,Ms.Mary Johnson,and Ms.Marcia Cravens were concerned about the ACOE and FDEP Clam Pass dredging permit applications. Mr.Jim Hoppensteadt stated that beach renourishment was an acceptable use of Municipal Service Taxing and Benefit Unit dollars and tax deductible. ADJOURN IMr.laizzo made a motion,second by Mr. Chandler to adjourn. The Board voted unanimously in favor,the motion passed,and meeting adjourned at 2:47 p.m. Tom Cravens,Chairman Minutes by Lisa Resnick 3/4/2013 9:47:05 AM 859. S4 < ) Proposed Agenda Changes Board of County Commissioners Meeting February 26,2013 Withdraw Item 6A: Public petition request from Richard Van Deelen requesting that the Board give direction for an analysis of a Municipal Services Benefit Unit(MSBU) for the La Peninsula Condominium residents to replace the Sea Wall. (Petitioner's request) Continue Item 6B to the March 12,2013 BCC Meeting: Public Petition request from Randall J.Cohen regarding practices and procedures. (Petitioner's request) Withdraw Item 10A: Appointment of member to the Collier County Planning Commission. (Commissioner Hiller's request) Continue Item 16A10 to the March 12,2013 BCC Meeting: Recommendation to approve Change Order No.5 to Contract#09-5278 in the amount of$350,000 and for an additional 413 days(Phase I)with Stanley Consultants,Inc.,for Design&Related Services for the Intersection Capacity Improvements to the US 41 and SR/CR 951 Intersection and Resurfacing,Restoration and Rehabilitation(3R)roadway improvements to SR 951;project#60116. (Staff's request) Continue Item 16F1 to the March 12, 2013 BCC Meeting: Recommendation to authorize amendment #2 for contract 09-5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for additional two (2) year term; and authorize the Chairwoman to approve the amendment. (Staff's request) Move Item 16G2 to Item 14A1: Recommendation to direct the Airport Director to bring back in March a plan to reduce or eliminate the Annual Fund transfer and to pay back the County loan. (Commissioner Coyle's request) Add On Item 16J4: To obtain Board approval for disbursements for the period of February 14,2013 through February 20,2013 and for submission into the official records of the Board. (Clerk of Courts Finance Department) Note: 2/26/2013 16.F.1. EXECUTIVE SUMMARY Recommendation to authorize amendment #2 for contract 09-5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for additional two (2) year term; and authorize the Chairwoman to approve the amendment. OBJECTIVE: To provide additional services to the Clam Pass Emergency dredging project and a continuity of services for the management of the Pelican Bay community. CONSIDERATIONS: The Board of County Commissioners approved contract 09-5174 Management of Pelican Bay Services to Dorrill Management Group on June 23, 2009 (Agenda Item 16F7) after receipt and review of four (4) proposals. The Pelican Bay Services Division Advisory Board recommended Dorrill Management Group by a unanimous vote. The contract term was an initial one (1) year period with three (3) additional one (1) year renewal periods with an expiration date of June 23, 2013. On September 14, 2010 (Agenda Item 16F5), the Board approved an increase in the total number of hours due to the expanded day-to-day role of the Administrator required to respond to an increased number of committees functioning under the Advisory Board. The current contract overview is as follows: Monthly/ TOTAL Annual Contract Annual Hours Date Cost(without Hourly Rate Period Included and field work") Billed Year 1 6/23/09 6/22/10 26/208 $42,300 $203.37 (discount provided) Year 2 6/23/2010—6/22/11 26/312 56,400 180.77 Year 3 6/23/2011 —6/23/12 51 /612 75,360 123.14 Year 4 6/23/2012—6/23/13 51 /612 75,360 123.14 Note:Three(3)change orders have been approved by the Board during this period of time to"not exceed"$15,000 for additional field work related to projects. Two of the change orders related to berm restoration project oversight in year 3; the third change order was for Clam Pass emergency project oversight in year 4. Total dollar amounts have been rounded and may not be exact. On December 11, 2012, the Board of County Commissioners authorized and reassigned to the Pelican Bay Services Division the responsibility for all matters concerning the Clam Pass Natural Resource Protection Area. In recognition of the reassignment of responsibilities, the Pelican Bay Services Division Advisory Board voted unanimously on January 21, 2013, to add an additional sixteen (16) hours per month to the Management agreement for the additional responsibilities of the Clam Pass Emergency Dredging Project and the coordination of updates to the Clam Pass Management Plan and Permit. Staff recommends that this added service responsibility Packet Page-2021- 2/26/2013 16.F.1. and increased number of hours be effective February 1, 2013, along with a seven (7) day extension through June 30, 2013. Concurrently, the Pelican Bay Services Division Board voted unanimously to request that the Board extends contract 09-5174 Management of Pelican Bay Services to Dorrill Management Group through June 30, 2015, per the Purchasing Policy [Contract Administration XV D] as they believe it is in the County's best interest for continuity and oversight. The action on this agenda item would result in the following: Monthly or TOTAL Monthly Contract Annual Hours or Annual Cost Date Hourly Rate Period Included and (without field Billed work*) Year 1 6/23/09—6/22/10 26/208(discount $3,525/$42,300 $203.37 provided) Year 2 6/23/10—6/22/11 26/312 4,700/56,400 180.77 Year 3 6/23/11 —6/22/12 51 /612 6,280/75,360 123.14 Year 4 6/23/212—6/30/13 51 /357 6,280/43,960 123.14 through 1/31/13 Year 4 from 6/23/12—6/30/13 67/335 8,250/41,251 123.14 2/1/13 to 6/30/13 Year 5 7/1/13—6/30/14 67/804 8,250/99,005_ 123.14 Year 6 7/1/14—6/30/15 67/804 8,250/99,005 123.14 Note: Three(3)change orders have been approved by the Board during this period of time to"not exceed"$15,000 for additional field work related to projects. Two of the change orders related to berm restoration project oversight in year 3; the third change order was for Clam Pass emergency project oversight in year 4. Total dollar amounts have been rounded and may not be exact. In summary, if approved, this contract amendment will result in: 1. Increases in additional monthly hours served by Dorrill Management Group commencing on 2/1/13 (from 51 to 67); 2. Extends contract 09-5174 Management of Pelican Bay Services to Dorrill Management Group for an additional term through 6/30/2015; and 3. Updates contract adding tasks and project management rates, and updates other miscellaneous contract items reviewed and approved by the County Attorney's staff. FISCAL IMPACT: Services are paid from and sufficient funding exists for this contract within the Pelican Bay Services Fund (109). The additional FY13 management fee is $11,821; the annual contract management fee for years five (5) and six (6) is approximately$99,000. GROWTH MANAGEMENT IMPACT: There are no growth management implications with this executive summary. Packet Page-2022- 2/26/2013 16.F.1. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval—SRT. RECOMMENDATION: That the Board authorizes amendment #2 for contract 09-5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for an additional term through June 30, 2015; and authorizes the Chairwoman to execute the County Attorney approved amendment. Prepared by: W. Neil Dorrill Approved by: Leo Ochs, County Manager Attachments: • Current Contract 09-517 Management of Pelican Bay Services with Dorrill Management Group • Contract Amendment#1 • Contract Amendment#2 Packet Page-2023- 2/26/2013 16.F.1. AGREEMENT 09-5174 , for Management Services for Pelican Bay Services THIS AGREEMENT, made and entered into on this 23rd day of June, 2009,by and between Dorrill Management, authorized to do business in the State of Florida, whose business address is 5672.Strand Ct. Suite 1, Naples Florida 34110, hereinafter called the "Consultant" and Collier County, a political subdivision of ti Le State of Florida, Collier County, Naples, hereinafter called the "County": WITNES3ETH: I. COMMENCEMENT. The Consultant shall commence the work upon execution of this agreement. The contract shall be for a perii)d of (12) months. Additionally, by mutual agreement and funding availability,the coti tract may be renewed for three (3) terms of twelve (12) months each. In no event, including renewal options, shall the contract exceed four (4) years. The County shall ;ive the Consultant written notice of the County's intention to extend the Agreemen: term not less than ten(10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consult..nt shall provide Management Services in accordance with the terms and conditions of RIP #09-5174 and the Consultant's proposal referred to herein and made to integral part of this agreement. This Agreement contains the entire unders:anding between the parties and arty modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administriitive Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of the Agreement the sum of ($42,300.00) (forty two thousand three hundred dollars) for the period of time commencing on July 1, 21)09 and ending on June 30, 2010, payable at the rate of(three thousand five hundred thirty three dollars) ($3,533) per month, subject to Change orders as approved in advance l:y the County. This price shall be fixed and firm for the first year duration but will incri:'ase to ($56,400.00) (fifty six thousand four hundred dollars)for subsequent years of thy: contract and any approved travel expenses shall be paid at actual costs with no markup for any travel outside of Lee and Collier County.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". PROP 1 of Packet Page-2026- 2/26/2013 16.F.1. TRAVEL AND REIMBURSABLE EXPENSE 3 Travel expenses shall be reimbursed as per Scction 112.061 Fla.Stats. Reimbursements shall be at the following rats:s: Mileage $0.445 l er mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist()r coach class fare Rental car Actual rental cost limited to compac: or standard-size vehicle: Lodging Actual ,::ost of lodging at single occupar_cy rate with a cap of no more tr In$150.00 per night Parking Actual r ost of parking Taxi or Airport Actual cost of either taxi or Limousine airport:imousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only af.er Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this.:kgreement. 4. SALES TAX. Consultant shall pay all si:les, consumer, use and other similar taxes associated with the Work or portions :hereof, which are applicable during •the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the fc,llowing Address: Dorrill Manageme::It Group,Inc. 5672 Strand C t. Suite 1 Naples,Florida 34110 Telephone: 23S.592-9115 Attn:William;'4. Dorrill Fax: 239-59'-4122 P Packet Page-2027- All Notices from the Consultant to the County shall be deemed duly sera. 2/26/2013 16.F.1. faxed to the County to: Collier County Government Center ••mw.. Purchasing Department-Purchasing Building 3301 Tamiami'Trail,East Naples,Florida 34112 Attention:Steve Carnell,Pi trchasing/GS Director Telephone: 23:)-252-8371 Facsimile: 235 i-252-6584 The Consultant and the County may chat.ge the above mailing address at any time upon giving the other party written notifica ion. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein cont fined shall create or be construed as creating a partnership between the County and the consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In comp:lance with Section 218.80, F.S., all permits necessary for the prosecution of the Work sl•.all be obtained by the Consultant. Payment for all such permits issued by the County F.hall 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 Consultant. The Corsultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition,the Consultant shall comply with all rules,regulations and laws if Collier County,the State of Florida,or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever,County facil ties 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 a:ay governmental rule or regulation now in effect or hereafter enacted or adopted. In tli.e event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Sh:nuld the Consultant fail to correct any such violation, conduct, or practice to the satisfa,:tion 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 Cc:isultant 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 Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cruse;further the County may terminate this Agreement for convenience with a thirty (3!)) day written notice. The County shall be sole judge of non-performance. P Packet Page-2028- 2/26/2013 16.F.1. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color, creed or national origi i. 11. INSURANCE. The Consultant shall provide insurance as follows: / A. Commercial General Liability: Coves age shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Lv::dt for Bodily Injury Liability and Property Damage Liability. This shall inclu,:le Premises and Operations; Independent Consultants;Products and Completed Operations and Contractual Liability. of B. Business Auto Liability: Coverages tall have minimum limits o $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-Ownersli:.p. C. Workers' Compensation: Insurance covering all employees meeting Statutory 4, Limits in compliance with the applical:le state and federal laws. • The coverage must include Employer:'Liability with a minimum limit of$500,000 for each accident. D. Professional Liability: Coverage shall I.ave a minimum limit of$1,000,000 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 Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County :hirty (30) days prior to any expiration date. There shall be a thirty (30) day nc tification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all subcc'atractors comply with the same insurance requirements that he is required to :aeet. The same Consultant shall provide County with certificates of insurance a eeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold h.rmless 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 wr:nngful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be consL:-ued 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 P.Packet Page-2029- Collier County. 2/26/2013 16.F.1. 13. CONTRACT ADMINISTRATION. This: Agreement shall be administered on behalf of the County by Pelican Bay Managemen Services Division. 14. CONFLICT OF INTEREST: Consultant r presents that it presently has no interest and shall acquire no interest, nor give the appearance of conflict of interest either direct or indirect,which would conflict in any manner with the performance of services required hereunder. Consultant further represents !hat no persons having any such interest shall be employed to perform those services. 15. 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: Consultant's Proposal, Insuran::e Certificate, RFP #09-5174, Exhibit A Scope of Services and Addendum/Addenda. 16. 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. 17. PROHIBITION OF GIFTS TO COLNTY 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 0 unty 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 oak 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 jot limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledgin;; without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach )f this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVI.RNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant cc:ntract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or .0 otherwise unenforceable, in whole or in pa::t, the remaining portion of this Agreement shall remain in effect. Packet Page-2030- 21.ADDITIONAL ITEMS/SERVICES. Additinal items and/or services me_2/26/2013 16.F.1. o this contract upon satisfactory negotiation of price by the Contract Manager and Consultant. 22. 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 disp cites by negotiation. The negotiation shall be • attended by representatives of Consultar.t 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 t i solve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by represmtatives of Consultant with full decision- making authority and by County's staff Berson who would make the presentation of any 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 se:ttion 44.102,Fla. Stat. Any suit or action brought by either par l y to this Agreement against the other party relating to or arising out of this Agreeme it 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. • 23. KEY PERSONNEL,/PROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be kni:mledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be i::tilized in the performance of the contract. Selected firm shall assign as many peop I e as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in tit(' Project Schedule.Firm shall not change Key Personnel unless the following conditions are met (1) Proposed replacements have substantially the same or better qualificatiDns and/or experience.(2) that the County is notified in writing as far in advance s possible. Firm shall make commercially reasonable efforts to notify Collier Counl.y within seven (7) days of the change. The County retains final approval of proposec replacement personnel. I Packet Page-2031- 2/26/2013 16.F.1. IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent,hereunder set their lands and seals on the date and year first above ,,,m written. BQe RD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Dwight Efy k..of.Courts 0 eziA4tz By:' `4`' i � ' By: is-yrkoti Data af)E : D Fiala,Chairman y {p t 4. . 'y t* • �'p{� ;a� �' fl '. " I iorrill Management Group By:_, first Witness ~ignature 4r-0 S A .�J4A.rs Type/print witness name 022oé411a,-s,., *oil Dorrill, President Aoki Second Witness Typed signature and title St)V1 ebI twin fl Type/print witness name Approved as to form and legal sufficiency: Assistant County Attorney Jennifer White Page 7 of 9 Packet Page-2032- 2/26/2013 16.F.1. Exhi:Lit A Scope of Services This Scope of Services addresses the duties and responsibilities of the newly titled Administrator of the Pelican Bay Services Divi>ion, hereinafter called the "Administrator", formerly titled"Manager",effective Jan P DUTIES OF THE ADMINISTRATOR The Administrator's duties and responsibilities i:aclude the following. 1) It will be the Administrator's main res.?onsibility to implement the policies of the PBSD,as directed by the Pelican Bay Sery.ces Division Board. 2) The Administrator shall prepare the necE:ssary organizational structure and interview and recommend personnel to be hired anti employed by the County for the PBSD.The Administrator shall supervise the perso Arnel employed by the PBSD in accordance with all Federal, State and County laws, rules and regulations where applicable. The Administrator shall request approval of tie PBSD Board for any significant changes in size or makeup of the organization. Ow rently, the Administrator has the following people reporting to him - one (1) Superir tendent, one (1) Operations Analyst, one (1) Administrative Assistant and sixteen(16) Field employees. 3) The Administrator shall implement a I1 policies established by the County in connection with the operation of the PBSI:1. 4) The Administrator shall be expected to niake recommendations on a regular basis for programs to improve the Pelican Bay Con anunity 5) The Administrator shall participate in meetings, discussions, project site visits, workshops and hearings as may pertain to the administration of the services being provided and report results to the PBSD Eoard. 6) The Administrator shall attend regular aid special meetings of the Board of County Commissioners when issues arise regarding PBSD activities and report results to the PBSD Board. The Administrator will si:.ggest that a PBSD Board member join the Administrator at the meeting if the Administrator deems that such joint representation would be desirable. 7) The Administrator shall review outside 'ontractor bids and make recommendations for approval or disapproval to the PBSD Eoard. 8) The Administrator shall work with th:! Chairperson of the PBSD Board in the preparation of the Board's agenda and collaborate with the Chair in selecting items and priorities. Packet Page-2033- 2/26/2013 16.F.1. 9) The Administrator shall prepare and administer the PBSD's Annu__ _ accordance with all Federal, State and County laws, rules and regulations where applicable. Amok 10)The Administrator will have an understanding of Florida County government operations, good management principals and skills, as well as knowledge and skills in personnel relations, public relations, and accounting and computer software operations. 11)The Administrator's performance may be critiqued by any Board member at a regular monthly Board meeting. Any Board member may meet privately with the Administrator to discuss Administrator's performance. 12)The Administrator shall devote such tin..e as necessary to complete the duties and responsibilities assigned according to the :specifications of this RFP. The Administrator shall spend a minimum of three hundred twelve (312) hours a year on the duties specified. Hours spent over the minimum are not entitled to extra compensation unless approved in written by the PBSD board. The Administrator should detail on a monthly basis the time spent in the perfc rmance of these duties. The PBSD currently provides an office and staff for the .'administrator in Pelican Bay, but is not contractually required to do so. 13)The Administrator shall respond to any request for information or data from the County Managers office. Ask 14)The Administrator may be called on 1 provide assistance to any or all other committees that are currently and may be treated by PBSD Board. P Packet Page-2034- ' _w ; • 2/26/2013 16.F.1. EXHIBIT A-1 Contract Amendment No.1 to 09-5174"Management Services for Pelican Bay Services" This amendment,dated 47-4 ,2009 to the referenced agreement shall be by and between the parties to the original agreement,Dorrill Management Group,(to be referred ''"k to as"Consultant")and Collier County,Florida,(to be referred to as"County"). Statement of Understanding RE:Contract#09-5174"Management Services for Pelican Bay Services" The following change to the above referenced Agreement has been mutually agreed to by the Consultant and the County. The additions to the existing language in the Agreement are shown herein by underlining;deletions from the Agreement are shown by strikethreughs: 3.THE CONTRACT SUM. The County shall pay the Consultant for the performance of the Agreement the sum of($42,300.00) (forty two thousand three hundred dollars)for the period of time commencing on July 1, 2009 and ending on June 30, 2010, payable at t h e rate of . • - . . ..... - - .. - _ - .- - _ . - _ : . .. :.- __- three thousand five hundred twenty five dollars($3525.00)per month,subject to Change orders as approved in advance by the County. This price shall be fixed and firm for the first year duration but will increase to fifty six thousand four hundred dollars ($56,400.00) for subsequent years of the contract. Any pre-approved travel expenses shall be paid at actual cost with no markup for travel outside of Lee and Collier County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stat., otherwise known as the"Local Government Prompt Payment Act". All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF,the Consultant and the County have each,respectively,by an authorized person or agent,hereunder set their hands and seals on the date(s)indicated below. Accepted: 7-/C ,2009 CONSULTANT: Dorrill Ma - = •, Inc. BOARD OF COUNTY COMMISSIONERS By: • COLLIER COUINTY, FLO: l c it I&le,,i- Prin Name and Title B - ,.d A , i///__,-- - P elect an ger ,r/ /// By: DEPA- ME 'T� lT TOR B . Itrr . ,L6 1 ■611 '‘-- Dianna Perryman, CONTRACT SPECIA ST Packet Page-2040- 2/26/2013 16.F.1. EXHIBIT A-2 Contract Amendment No.2 to 09-5174"Management Services for Pelican Bay Services" This amendment,dated ,2013 to the referenced agreement shall be by and between the parties to the original agreement,Dorrill Management Group,(to be referred to as"Consultant")and Collier County, Florida,(to be referred to as"County"). Statement of Understanding RE:Contract#09-5174"Management Services for Pelican Bay Services" The following change to the above referenced Agreement has been mutually agreed to by the Consultant and the County.The additions to the existing language in the Agreement are shown herein by underlining;deletions from the Agreement are shown by stfik-etlifeughs: 1. COMMENCEMENT. The Consultant shall commence the work upon execution of this agreement. The The current contract shall be extended and run through June 30,2015. The Agreement shall additionally provide: Commencing on February 1.2013: • The Consultant will provide 67 hours per month(804 hours per year)at a monthly rate of eight thousand, two hundred and fifty($8,250)dollars. • Additional project manager services above and bevondiroperty management services will be billed at a rate of seventy($70.00)dollars per hour. • For that increase of hours.the following additional services are added: o The Administrator shall be responsible for the management of the Clam Bay Natural Resource protection Area(N.R.P.A.)and have an understanding of Federal.State and IocaLpermitting for all matters pertaining to the maintenance and dredging of Clam Pass and the adjacent estuary and beach. o The Administrator shall also be responsible to both develop and facilitate a long-range management plan,maintenance permit(s)and strategy to engage all stakeholders. o As part of meeting requirements the Service Division currently has committees formed that include budget,landscape/water management Clam Bay.palhw$vs,trees,community improvement planning,and other responsibilities as outlined by the Pelican Bay Board. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF,the Consultant and the County have each,respectively,by an authorized person or agent,hereunder set their hands and seals on the date(s)indicated below. Packet Page-2041- 2/26/2013 16.F.1. CON SU.ti°�T: Mge By. A 4� By. _ Authori d signatory Print Name and Title ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA. By: By: Deputy Clerk Georgia A.Hiller,Esq.,Chairwoman Approved as to form and legal sufficiency By: Scott R.Teach, Deputy County Attorney 2 Packet Page-2042- Ca (z) March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 1 of 34 REQUEST FOR PROPOSAL Cor9un !• COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Pelican Bay Services Division "Management Services for Pelican Bay Services Division" Jack Curran Purchasing Agent This proposal solicitation document is prepared in a Microsoft Word 2003 format. Any alterations to this document made by the proposer may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. NON-CCNA(Revision 7/2008) March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 2 of 34 LEGAL NOTICE Pursuant to approval by the County Manager, Sealed Proposals to provide annual contract for management services for Pelican Bay Services division will be received until 3:00 p.m., Naples local time, on March 19, 2009 at the Purchasing Department, Purchasing Building "G", Collier County Government Complex, 3301 Tamiami Trail East, Naples, Florida 34112. 09-5174 "Management Services for Pelican Bay Services Division" Services to be provided shall include, but not be limited to the following: Management Services for Pelican Bay Services Division.. A non-mandatory pre-proposal conference will be held on March 11, 2009, commencing promptly at 10:00 AM., and will be held in the Purchasing Department Conference Room, 3301 Tamiami Trail East, Building "G", Naples, Florida 34112. If this pre-proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department E-Procurement website: www.collieroov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Stephen Y. Carnell, C.P.M. Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on February 24, 2009. NON-CCNA(Revision 7/2008) 2 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 3 of 34 PROPOSER'S NON-RESPONSE STATEMENT RFP# 09-5174 The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Proposers not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email, fax or mail to Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this RFP for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Mailing Address: City, State, Zip: Telephone No: Email: By: Signature of Representative NON-CCNA(Revision 7/2008) 3 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 4 of 34 TABLE OF CONTENTS 1) Introduction/Overview 6 A) Purpose/Objective 6 B) Background 6 C) Questions D) Method of Source Selection 7 E) Pre-Proposal Conference 7 F) Projected Timetable 8 2) General Description of Specifications or Scope of Work 8 3) Constraints on the Contractor 4) Contractor's Personnel Requirements 10 5) Contractor's Responsibilities 10 6) County's Responsibilities 10 7) Reporting Requirements 10 8) County's Right to Inspect 9) Terms and Conditions of Contract 10 10) General Terms and Conditions 11 A. Licenses 11 B. Principals/Collusion 11 C. Taxes 12 D. Relation of County 12 E. Term Contracts 12 F. Termination 12 G. Liability 12 H. Assignment 12 I. Lobbying 13 J. Single Proposal 13 K. Protest Procedures 13 L. Public Entity Crime 14 M. Conflict of Interest 14 N. Prohibition of Gifts to County Employees 14 O. Immigration Reform and Control Act 14 P. Collier County Local Preference Policy 13 11) Instructions for Proposal 15 A) Compliance with the RFP 15 B) Acknowledgment of Insurance Requirements 16 C) Acknowledgment of Bonding Requirements D) Delivery of Proposals 16 E) Evaluation of Proposals (Procedure) 17 F) Ambiguity, Conflict, or Other Errors in the RFP 18 G) Proposal, Presentation, and Protest Costs 18 H) Acceptance or Rejection of Proposals 18 I) Requests for Clarification of Proposals 18 J) Validity of Proposals 19 K) Response Format 19 NON-CCNA(Revision 7/2008) 4 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 5 of 34 L) Proposal Selection Committee and Evaluation Factors 22 ATTACHMENTS Proposer Check List Conflict Of Interest Affidavit Proposers Qualification Form Declaration Statement Affidavit Claiming Status as a Local Business Insurance Requirements NON-CCNA(Revision 7/2008) 5 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 6 of 34 Request for Proposals "Management Services for Pelican Bay Services Division " 1) Introduction/Overview Purpose/Objective As requested by the Collier County Purchasing Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "REP") with the sole purpose and intent of obtaining proposals from interested and qualified firms offering management services for Pelican Bay Services Division in accordance with the specifications stated and/or attached herein/hereto. The successful proposer will hereinafter be referred to as the "Contractor". If awarded, a contract to provide these services will be effective on the date contract is approved by the Board of County Commissioners (herein after, the BCC), signed by all required parties and filed in the Office of Records and Minutes. The anticipated contract term will be for the period of Twelve (12) months. Additionally, by mutual agreement and funding availability, the contract may be renewed for three (3) terms of One (1) year each. In no event, including renewal options, shall the contract exceed Four (4) years. Background The Community of Pelican Bay has been designated a dependent Municipal Services Taxing and Benefit Unit (MSTBU) district within Collier County and oversees the operations of the Pelican Bay Services Division (PBSD) as per Collier County Ordinance #2002-27 ("Ordinance"), Attachment "A". The Community thus receives all County Services directly from Collier County and all special, non-County services and benefits from the Pelican Bay Services Division (PBSD). Pelican Bay property owners (both residential and commercial) tax and assess themselves each year to pay for the special PBSD services and amenities. These PBSD funds are collected by the County but are administered by the Administrator of the Pelican Bay Services Division, Inasmuch as all funds administered by the Administrator are derived from Pelican Bay property owners, and all services, programs and projects are done to benefit these same property owners, it is the Administrator's primary job to manage these funds and the PBSD activities for the benefit of the Pelican Bay Community. The PBSD Board acts for the Board of County Commissioners in the day to day operational direction of the Administrator of the PBSD as per Section 13, Items D and E of the Ordinance. NON-CCNA(Revision 7/2008) 6 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 7 of 34 Questions Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E-Procurement website. For general questions, please call the referenced Purchasing Agent at (239) 252-6098. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified proposers determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Pre-Proposal Conference A non-mandatory pre-proposal conference will be held on March 11th, 2009, commencing promptly at 10:00AM., and will be held in the Purchasing Department Conference Room "A", 3301 Tamiami Trail East, Building "G", Naples, Florida 34112. The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective proposers having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective proposers are strongly encouraged to attend, as, unless requested by the department, this will be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response. NON-CCNA(Revision 7/2008) 7 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 8 of 34 Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue RFP Notice February 24, 2009 Pre-Proposal Conference March 11, 2009 Last Date for Receipt of Written Questions March 13, 2009 Addendum Issued Resulting from the Pre-Proposal Conference (If Applicable) To Be Determined Proposal Close Date March19, 2009 Evaluation of Proposals To Be Determined Complete Contract Negotiations and Execute Contract To Be Determined Board of County Commissioner's Contract Approval Date To Be Determined Scope of Work The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Additionally, Proposers may also propose alternate solutions to achieve the requirements of the Scope of Work. The Administrator's duties and responsibilities include the following: It will be the Administrator's main responsibility to implement the policies of the PBSD, as directed by the Pelican Bay Services Division Board. The Administrator shall prepare the necessary organizational structure and interview and recommend personnel to be hired and employed by the County for the PBSD. The Administrator shall supervise the personnel employed by the PBSD in accordance with all Federal, State and County laws, rules and regulations where applicable. The Administrator shall request approval of the PBSD Board for any significant changes in size or makeup of the organization. Currently, the Administrator has the following people reporting to him - one (1) Superintendent; one (1) Operations Analyst, one (1) Administrative Assistant and sixteen (16) field employees. It will be the Administrator's job to coordinate activities of the PBSD as assigned in an effective, efficient and professional manner. The job requires an individual who has an ability to conceive, obtain approval for and implement programs desired by the Pelican Bay Community as identified by the PBSD Board. NON-CCNA(Revision 7/2008) 8 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 9 of 34 The Administrator shall be expected and prepared to make recommendations, on a regular basis, for programs to improve the Pelican Bay community. The Administrator may be asked by the PBSD Board to participate in certain meetings, discussions, project site visits, workshops and hearings, which pertain to the administration of the services being provided and report results to the Board. The Administrator shall work with the Chairperson of the PBSD Board in the preparation of the Board's Agenda for the monthly Board Meeting and will participate in this monthly meeting. The Administrator will also work with Committee Chairs in the preparation of agendas and participate in the Committee Meetings of the Budget Committee and all committees established by the PBSD Board. The Administrator may be called on to provide assistance to any or all other committees that are currently and may be created by PBSD Board. The Administrator shall assist and cooperate with the Budget Committee in the preparation of the PBSD's Annual Budget in accordance with County rules and regulations where applicable. The Administrator will have an understanding of Florida County government operations, good management principles and skills, as well as some knowledge in personnel relations, public relations, accounting and computer software operations. The Administrator's performance may be critiqued by any Board Member at a regular monthly Board Meeting in regards to performance and responsibilities. The Administrator will respond to any requests for information or data from the County Manager's Office. The Administrator shall devote such time as necessary to complete the duties and responsibilities assigned according to the scope of work of this RFP. The Administrator shall report in detail on a monthly basis the time spent during that period in the performance of these duties to the PBSD Board. The PBSD currently provides an office and staff for the Administrator in Pelican Bay, but is not contractually required to do so. NON-CCNA(Revision 7/2008) 9 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 10 of 34 Contractor's Personnel Requirements The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County and Pelican Bay Services Division Board reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change key personnel unless the following conditions are met: (1.) Proposed replacements have substantially the same or better qualifications and/or experience. (2.) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The PBSD retains final approval of proposed replacement personnel Contractor's Responsibilities It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. County's Responsibilities Support PBSD in interactions with other county departments and offices including, but not limited to the Human Resources Department, the Purchasing Department the Office of the County Attorney, the office of Management and Budget. Reporting Requirements In addition to reports mentioned in the scope of service any that the Board of Pelican Bay Services Division requires. Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Contractor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Contractor. Collier County, at its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. NON-CCNA(Revision 7/2008) 10 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 11 of 34 Payment methods include: 1. Traditional — payment by check, wire transfer or other cash equivalent. 2. Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain proposals clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial proposal submittal if it is clearly marked as an "Additional Cash Discount." General Terms and Conditions A. Licenses The Contractor is required to possess the correct occupational license, professional license, and any other authorizations necessary to carry out and perform the work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County contact, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any proposer to submit the required documentation may be grounds to deem proposer non-responsive. A Contractor with an office within Collier County is also required to have an occupational license. If you have questions regarding professional licenses, please contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. B. Principals/Collusion By submission of this Proposal, the undersigned, as Proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. NON-CCNA(Revision 7/2008) 11 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 12 of 34 C. Taxes Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 85-8012621830C-2. 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. D. Relation of County It is the intent of the parties hereto that the Contractor shall be legally considered an independent contractor, and that neither the Contractor nor their employees shall, under any circumstances, be considered employees or agents of the County nor PBSD, and that the County and PBSD shall be at no time legally responsible for any negligence on the part of said Contractor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. E. Term Contracts If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this Contractor on thirty (30) days prior written notice. F. Termination Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and PBSD, the County and PBSD may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County and PBSD shall be sole judge of non-performance. G. Liability The Contractor will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of Nature and similar occurrences making performance impossible or illegal. H. Assignment The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. NON-CCNA(Revision 7/2008) 12 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 13 of 34 I. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners and Pelican Bay Service Division Board do not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission or the Pelican Bay Services Division Board for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County or Pelican Bay Services Division in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. J. Single Proposal Each Proposer must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. K. Protest Procedures Any actual or prospective Proposer to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners and the Pelican Bay Services Division Board will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. NON-CCNA(Revision 7/2008) 13 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 14 of 34 Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. L. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. M. Conflict of Interest Proposer shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff and PBSD review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. N. 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, the current Collier County Ethics Ordinance 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. O. Immigration Reform and Control Act Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and NON-CCNA(Revision 7/2008) 14 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 15 of 34 the County shall have the discretion to unilaterally terminate said agreement immediately. P. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Proposers for being a local business by granting a ten (10) point incentive within the formal evaluation criteria. Definition of Local Business A "local business" is defined as a business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to Collier County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Documentation Requirements Proposer must complete and submit with their proposal response, the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Proposer to submit this Affidavit with their proposal response will preclude said Proposer from being considered for preference on this solicitation. Collier County's Remedy for Misrepresentation A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 11) Instructions for Proposal A) Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. NON-CCNA(Revision 7/2008) 15 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 16 of 34 B) Acknowledgment of Insurance Requirements By signing the Insurance Requirements included in this RFP, Proposer acknowledges these conditions include Insurance Requirements. It should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the proposer discuss these requirements with the Proposer's insurance agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection. Proposer also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the County may rescind its acceptance of the Proposer's proposal. C) The specific insurance requirements for this solicitation are: Attached to this proposal ( see Page 31) D) Delivery of Proposals All proposals are to be delivered before 3:00 p.m., Naples local time, on or before March 19, 2009 to: Collier County Board of County Commissioners Purchasing Department 3301 Tamiami Trail East, Bldg. "G" Naples, Florida 34112 Attn: Jack Curran, Purchasing Agent The County nor PBSD shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by proposer's personnel or by the proposer's outside carrier. However, the Purchasing/General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS, DHL or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. NON-CCNA(Revision 7/2008) 16 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 17 of 34 Proposers must submit one (1) designated original and Four (4) numbered exact copies of the proposal (total of Five (5). Additionally, one (1) proposal submitted on a CD-ROM in Microsoft Word format is mandatory. List the Proposal Number on the outside of the box or envelope and note "Request for Proposal enclosed." E) Evaluation of Proposals (Procedure) The County's procedure for selecting is as follows: 1. The PBSD Board shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. Meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 4. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 5. Prior to the first meeting of the selection committee, the Purchasing Agent will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County and /or PBSD reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. NON-CCNA(Revision 7/2008) 17 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 18 of 34 Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Proposer nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. F) Ambiguity, Conflict, or Other Errors in the RFP If a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, Proposer shall immediately notify the Purchasing Agent, noted herein, of such error in writing and request modification or clarification of the document. The Purchasing Agent will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the proposal or it shall be waived. G) Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any proposer in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. H) Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful proposer, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. I) Requests for Clarification of Proposals Requests by the Purchasing Agent to a proposer(s) for clarification of proposal(s) shall be in writing. Proposer's failure to respond to request for clarification may deem proposer to be non-responsive, and may be just cause to reject its proposal. NON-CCNA(Revision 7/2008) 18 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 19 of 34 J) Validity of Proposals No proposal can be withdrawn after it is filed unless the Proposer makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. K) Response Format The proposal shall be deemed an offer to provide services to Collier County. In submitting a proposal, the Proposer declares that he/she understands and agrees to abide by all specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Proposer agrees that if the contract is awarded to him/her, he/she will perform the work in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Proposer's approach and ability to meet the County's needs, as stated in the RFP. All copies of the proposal should be bound and tabbed, preferably in a three (3) ring binder for uniformity and ease of handling. The utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a proposer to include all listed items may result in the rejection of its proposal. [These tabs are samples, and may be modified to meet the solicitation] 1) Tab I, Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Proposer's certification that the Proposer will accept any awards made to him as a result of said submission of the terms contained therein. NON-CCNA(Revision 7/2008) 19 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 20 of 34 2) Tab II, Business Plan • Description of the proposed contract team and the role to be played by each member of the proposed team. • Detailed plan of approach (including major tasks and sub-tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3) Tab III, Cost of Services Provide the guaranteed maximum total cost and estimated calendar day duration (including projected hours) for which your firm will provide the work described in this RFP. 4) Tab IV, Corporate Experience and Capacity Provide information that documents your firm and subcontractors' qualifications to produce the required outcomes, including its ability, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. 5) Tab V, Specialized Expertise of Team Members Attach resumes of all managers, supervisors, and other contract team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub-consultants. If sub- consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. 6) Tab VI, Customer Listing (References) Provide a listing of all previous customers during the past three years for all work of similar size and scope. The services provided to these clients should have characteristics as similar as possible to those requested in this RFP. Information provided for each client shall include the following: • Client name, address and current telephone number. • Description of services provided. • Time period of the project or contract. • Client's contact reference name, email and current telephone number. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal. NON-CCNA(Revision 7/2008) 20 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 21 of 34 The County reserves the right to contact any and all references to obtain, with limitation, ratings for the following performance indicators include: [These were taken from the standard questions form] • On a scale of 1-10, with 1 being very dissatisfied and ten exceeding your every expectation, how satisfied were you with the firm's performance? • What specifically did you like about their approach? • What do you believe were shortcomings or that they could have done better? • Did they meet your schedule requirements? • How were their communications? Were you always kept in the loop? • How responsive were they in addressing problems with the project? • How was the quality/experience/personality of their personnel? (Specifically the project manager?) • Would you use this firm again? • Additional comments A uniform sample of references will be checked for each Proposer. Proposers will be scored on a scale of 1 to 10, with 10 being the highest possible score. This score will also be used in determining the score to be given to the "past performance" evaluation factor for each proposal. 7) Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a proposer may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 8) Tab VIII, Required Form Submittals Proposer Check List Conflict Of Interest Affidavit Proposers Qualification Form Declaration Statement Affidavit Claiming Status as a Local Business Insurance Requirements NON-CCNA(Revision 7/2008) 21 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 22 of 34 L) Proposal Selection Committee and Evaluation Factors As previously stated, the County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. While the County believes all these items to be of importance, they are ranked and points applied in descending order of importance. Tab I, Management Summary 10 Tab II, Business Plan 15 Tab Ill, Cost of Services 20 Tab IV, Corporate Experience and Capacity 15 Tab V, Specialized Expertise of Team Members 15 Tab VI, Customer Listing (References) 15 Local Business Preference 10 Total Points 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Proposer, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. NON-CCNA(Revision 7/2008) 22 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 23 of 34 ATTACHMENTS THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSER CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All information as requested in the Proposer's Qualification Form is included. n All applicable forms have been signed and included ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Board of County Commissioners Purchasing Department, Building "G" 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Jack Curran, Purchasing Agent ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name: Signature and Title: Date: Email: NON-CCNA(Revision 7/2008) 23 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 24 of 34 CONFLICT OF INTEREST AFFIDAVIT By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm Signature Date Name Printed Title of Person Signing Affidavit State of Florida ) County of Collier ) SUBSCRIBED AND SWORN to before me this _ day of , 2009, by who is personally known to me to be the for the Firm, OR who produced the following identification: Notary Public My Commission Expires: NON-CCNA(Revision 7/2008) 24 • March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 25 of 34 PROPOSERS QUALIFICATION FORM LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Protect Contract Amount $ $ $ LIST CURRENT PROJECTS ON WHICH FIRM SUBMITTING IS THE CANDIDATE FOR AWARD: OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? ❑ Yes ❑ No STATEMENT OF LITIGATION: Are there any judgments, claims or suits pending or outstanding 12y or against you? ❑ Yes ❑ No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: FEES: List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. $ Total Fees for work done on all Collier County projects NON-CCNA(Revision 7/2008) 25 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 26 of 34 REFERENCES: Bank(s) Maintaining Account(s): Surety/Underwriter: (if required) Other References: (Use additional sheets if necessary) TYPE OF FIRM: ❑ Corporation/Years in Business: . If firm is a corporation, please list state in which it is incorporated: . If firm is a corporation, by signing this form, Proposer certifies that the firm is authorized to do business in the State of Florida. ❑ Partnership/Years in Business: ❑ Sole Proprietorship/Years in Business: ❑ Other: Please list: Pursuant to information for prospective Proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attested By: Title: Date: NON-CCNA(Revision 7/2008) 26 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 27 of 34 DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP NO. 09-5174 "Management Services for Pelican Bay Services Division" Dear Commissioners: The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this proposal or in the contract to which this proposal pertains, and that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the proposal pertains. The Proposer puts forth and agrees, if this proposal is accepted, to execute an appropriate Collier County document for the purpose of establishing a formal contractual relationship between him, and Collier County, for the performance of all requirements to which the proposal pertains. The Proposer states that the proposal is based upon the proposal documents listed by RFP # 09-5174. (Proposal Continued on Next Page) NON-CCNA(Revision 7/2008) 27 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 28 of 34 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2009 in the County of Collier , in the State of Florida Firm's Complete Legal Name (Address) (City, State, ZIP) Phone No: Check one of the following: Fax No. ❑ Sole Proprietorship ❑ Corporation or P.A. State of ❑ Limited Partnership ❑ General Partnership By: I Typed and Written Signature Title ****************************************************************************************************** ADDITIONAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) Contact Name: Title: (Address) (City, State, ZIP) Phone No: Fax No: Email address: Office Servicing Collier County Account/Place Orders/Request Supplies (REQUIRED ONLY if different from above) (Address) Contact Name Phone No: (City, State, ZIP) Title Fax No: Email Address: NON-CCNA(Revision 7/2008) 28 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 29 of 34 Coe-r C.founty AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB/RFP/RFQ#:09-5174 (Check Appropriate Boxes Below) STATE OF FLORIDA And ❑ COLLIER COUNTY [' LEE COUNTY PROPOSER/BIDDER/QUOTER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Please provide the following information for the Proposer/Bidder/Quoter: Year Business Established in ['Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): NON-CCNA(Revision 7/2008) 29 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 30 of 34 If requested by the County, proposer/bidder/quoter will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in proposer/bidder/quoter's submission being deemed not applicable. Proposer/Bidder/Quoter Name Signature Title STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 . Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) NON-CCNA(Revision 7/2008) 30 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 31 of 34 • INSURANCE REQUIREMENTS o CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. As described in the attached Contract Insurance Requirements form. o The COUNTY shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. The property insurance obtained by COUNTY shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents o COUNTY and CONTRACTOR waive against each other and County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and COUNTY shall, where appropriate, require similar waivers of subrogation from County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. The COUNTY shall be responsible for purchasing and maintaining, its own liability insurance. o CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). o The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interest's provisions. o Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: • Collier County • Board of County Commissioners • Naples, Florida o The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office NON-CCNA(Revision 7/2008) 31 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 32 of 34 (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. o Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the COUNTY or as specified in this Agreement, whichever is longer. o The CONTRACTOR and/or its insurance carrier shall provide 30 days written notice to the COUNTY of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. o Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse COUNTY for such costs within thirty (30) days after demand, COUNTY has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between COUNTY and CONTRACTOR. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the COUNTY to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. o If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the COUNTY, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the COUNTY with such renewal certificate(s) shall be considered justification for the COUNTY to terminate the Agreement. NON-CCNA(Revision 7/2008) 32 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 33 of 34 COLLIER COUNTY GOVERNMENT Co er County CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS(Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Requirements x Employer's Liability x $500,000 $1,000,000 X Commercial General Liability $500,000 per occurrence $1,000,000 per occurrence (Occurrence Form) patterned bodily injury and property X bodily injury and property after the current ISO form. damage damage Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Hangarkeepers Liability $500,000 per aircraft $1,000,000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Business Automobile $500,000 per occurrence $1,000,000 per occurrence X Insurance bodily injury and property X bodily injury and property damage damage Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Builders Risk Insurance COUNTY Will Purchase-Replacement Cost-All Risks of Loss INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required on Agreements. 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 Liability and/or Airport Liability where required. NON-CCNA(Revision 7/2008) 33 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management Services Contract Extension-Original RFP 09-5174(2009) Page 34 of 34 PROPOSER'S AND INSURANCE AGENT'S STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of RFP. Proposer Insurance Agency Signature of Proposer Signature of Proposer's Agent NON-CCNA(Revision 7/2008) 34 March 6,2013 Pelican Bay Services Division Board Regular Session 5a. Administrator's Report-Management services contract extension(Comments submitted by Joseph and Sandra Doyle) Page 1 of 1 Original Message From: naplespatriots@comcast.net [mailto:naplespatriots @ comcast.net] Sent: Wednesday,March 06, 2013 9:54 AM To: ResnickLisa Cc: office@ pelicanbayservicesdivision.net; keithdallas @comcast.net;jlytle @naplesnews.com; nfn16799 @naples.net;johnchandler219 @gmail.com;josiegeoff @aol.com;iaizzo @comcast.net; mikelevy435 @gmail.com; naplessusan @comcast.net; djtrecker @yahoo.com;teedupl @aol.com; hunter hansen;johnsusanboland @ aol.com; OchsLeo; brucebeachamp @cox.net; fcdickson @comcast.net; patyrakjwp @gmail.com;jchicurel @gmail.com; hobodory @comcast.net; sstreckenbein @yahoo.com; FialaDonna; HillerGeorgia;NanceTim; CoyleFred; HenningTom Subject: PBSD Board Meeting March 6,2013 --Audience Comment--Agenda Item 5a--Management Services Contract Extension Greetings. We are providing our written comments in advance of the PBSD Regular Board Meeting. We are opposed to the extension of the contract to Dorrill Management Group for a two year term for several reasons. First of all,the Clam Pass dredging is underway and certainly only needs one year extension for continuity and oversight. Secondly and more importantly, we were outraged to learn that the original contract in June 2009 was approved by the BCC on a consent agenda without the benefit of a full vetting per a Naples Daily News article published at that time. This is particularly troublesome since Mr. Dorrill is the disgraced former Collier County Manager who was charged with a Felony Racketerring Violation of F.S. 895.03 to which he pled guilty on 10/11/2001 and received early termination of probation on 6/21/2005 per Clerks Case Number 0001326CFG. We feel that both the PBSD Board and the BCC were erroneous in approving the original contract in June 2009. It is now time for the current PBSD Board and current BCC to rectify this situation. The residents of Pelican Bay deserve to have virtuous elected officials and administrators managing their governmental affairs. While Mr. Dorrill may be highly knowledgeable about public administration as well as the workings of Collier County, he made unfortunate choices in the past and,therefore, should not be rewarded with any Collier County contract. Joseph T. Doyle,MD Sandra J.Doyle Laurel Oaks/Pelican Bay . sb (, ) 400 J� �o Florida Department of Rick er or •1J! iti:;.',11 ' -0-:5,.`i z , Environmental Protection Jennifer Carroll ,,` 't Marjory Stoneman Douglas Building Lt.Governor � , ; �,;1 .,' 3900 Commonwealth Boulevard Vagallealliagair Tallahassee,Florida 32399-3000 Herschel T.Vinyard Jr. RSecretary CEIV� CERTIFIED-RETURN RECEIPT REQUESTED c' f 7 March 1,2013 PELICAN BAY SERVICES DIVISION Collier County do W.Neil Dorrill,Administrator Pelican Bay Service Division 801 Laurel Oak Drive, Suite 605 Naples,Florida 34108 and do Gary McAlpin,PE,Director Coastal Zone Management 3299 Tamiami Trail East, Suite 103 Naples,Florida 34112 Humiston and Moore Engineers do Brett D.Moore,P.E. 5679 Strand Court Naples,Florida 34110 Turrell,Hall and Associates do Tim Hall 3584 Exchange Avenue, Suite B Naples,Florida 34104 Permit Modification No.0296087-002-JN Permit No. 0296087-001-JC, Collier County Clam Pass Maintenance Dredge Modification Dear Mr.Moore: Your request to modify Permit No. 0296087-001-JC,on behalf of Collier County,was received on February 1,2013,and has been reviewed by Department staff. The proposed permit modification is,in part,to change the Permittee from Coastal Zone Management to Pelican Bay Services Division, both of which are branches of Collier County. The modification would also revise the channel configuration and the slopes of the placement areas to correspond with the designs authorized by the current Nationwide Permit(SAJ-1996-02789 (NWP-WDD))from the U.S.Army Corps of Engineers. In addition,the modification would revise the Sediment QA/QC www.dep.statef us Notice of Permit Modification Permit Modification No.0296087-002-JN Clam Pass Maintenance Dredging Minor Modification Page 2 of 7 Plan and clarify that sand dredged during the initial channel realignment will be placement in the area affected by the channel meander,which is located on the north shore of the realigned channel through the beach. PROJECT BACKGROUND: On August 14,2012,the Department issued the Clam Pass Maintenance Dredge Permit No. 0296087-001-JC to restore the alignment of Clam Pass to the previously approved location and to conduct periodic maintenance dredging to advocate tidal exchange between Clam Bay and the Gulf of Mexico. For additional background,please see the Consolidated Notice Of Intent To Issue Joint Coastal Permit And Authorization To Use Sovereign Submerged Lands for Permit No. 0296087-001- JC at the following website: ftp://ftp.dep.state.fl.us/pub/ENV- PRMT/collier/issued/0296087 %20Clam%20PassI001 JC/Intent/Intent%20clam%20pass(2-28- 12).pdf STAFF JUSTIFICATION: The Applicant proposes the revised channel configuration to alleviate the stress on the pass and also provide a profile that will maintain tidal exchange with the Gulf of Mexico. The new design also implements a 5:1 (horizontal:vertical) slope in the North and South placement areas to correspond with a requirement for the Corps' Nationwide permit. Staff has reviewed the proposed activity, and has determined that the revisions to the project will not cause adverse environmental impacts. The Florida Fish and Wildlife Conservation Commission has also reviewed the request, and has no objections to the proposed activity. The project description and the project location shall be revised as follows are deletions,underlines are additions): PROJECT DESCRIPTION: The project is to restore the alignment of Clam Pass to the previously approved location and to conducting periodic maintenance dredging of a portion of the Clam Pass Channel in order to maintain tidal exchange between Clam Bay and the Gulf of Mexico. Approximately 22,000 cubic yards of sand will be dredged from approximately 1800 feet (-549 meters)of Clam Pass. The beach-compatible sand will be placed north of the Pass, along Pelican Bay Beach,and south of the Pass,along Collier County Clam Pass Park Beaches. Additionally,the meandered channel location will be filled with beach compatible sand during the initial channel realignment. www.dep.statefl.us Notice of Permit Modification Permit Modification No. 0296087-002-JN Clam Pass Maintenance Dredging Minor Modification Page 3 of 7 PROJECT LOCATION: The dredging is located in Clam Pass,between R-41 and R-42, and the placement locations are located to the north of the Pass,along Pelican Bay Beach,between R-39+733 to R-41+001-aH4 to the south of the Pass,Collier County Clam Pass Park Beaches,between R-42+180 and R-44+ 100,and in the area affected by the channel meander at approximately R-41, in Collier County, Sections 8 and 9, Township 49 South, Range 25 East,Gulf of Mexico,Class III Waters The set of approved permit drawings shall be revised as follows: The original set of Permit Drawings that were attached to Joint Coastal Permit No. 0296087-001-JC(28 pages)will be replaced by the revised set of approved permit drawings(13 pages, certified February 18, 2013)that are attached to this modification. After thorough review of your application, staff finds that the proposed modification is not expected to adversely affect water quality or be contrary to the public interest. Staff has also determined that the proposed alteration does not increase the potential for adverse impact on the coastal system,public beach access seaward of the mean high water line or nesting sea turtles and hatchlings and their habitat, and that the proposed alteration does not reduce the design adequacy of the project. Since the proposed modification is not expected to result in any adverse environmental impact or water quality degradation and is expected to be of environmental benefit,the permit is hereby modified as stated above. By copy of this letter and the attached drawing(s),we are notifying all necessary parties of the modification(s). This letter of approval does not alter the August 14,2022 expiration date,Specific or General Conditions,or monitoring requirements of the permit. This letter and the accompanying drawing(s)must be attached to the original permit. This permit is hereby modified unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57,Florida Statutes (ES.),as provided below. The procedures for petitioning for a hearing are set forth below. Mediation under Section 120.573, F.S.,is not available for this proceeding. NOTICE OF RIGHTS A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing)under Sections 120.569 and 120.57,F.S. The petition must contain the information set forth below and must be filed(received by the clerk)in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35, Tallahassee, Florida 32399-3000. www.dep.sta te.f I.us Notice of Permit Modification Permit Modification No.0296087-002-JN Clam Pass Maintenance Dredging Minor Modification Page 4 of 7 Because the administrative hearing process is designed to redetermine final agency action on the application,the filing of a petition for an administrative hearing may result in further modification of the permit or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed,this permit modification automatically becomes only proposed agency action on the application subject to the result of the administrative review process. Accordingly,the applicant is advised not to commence construction or other activities under this permit modification until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time has expired. Under Rule 62-110.106(4), Florida Administrative Code(F.A.C.), a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may,for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida 32399-3000,before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late,the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. In the event that a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding judge upon the filing of a motion in compliance with Rule 28- 106.205,F.A.C. In accordance with Rule 62-110.106(3),F.A.C.,petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant,and other than those entitled to written notice under Section 120.60(3),F.S.,must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice,whichever occurs first. Under Section 120.60(3),F.S.,however,any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice,regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination(hearing)under Sections 120.569 and 120.57,F.S. www.dep.state f!us Notice of Permit Modification Permit Modification No.0296087-002-JN Clam Pass Maintenance Dredging Minor Modification Page 5 of 7 In accordance with Rule 28-106.201,F.A.C., a petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name,address, and telephone number of the petitioner;the name, address, and telephone number of the petitioner's representative,if any,which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action,including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301,F.A.C. Under Sections 120.569(2)(c)and(d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. This permit modification constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section 120.68,F.S.,by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel,3900 Commonwealth Boulevard,Mail Station 35,Tallahassee, Florida 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. www.dep.statefl.us Notice of Permit Modification Permit Modification No.0296087-002-JN Clam Pass Maintenance Dredging Minor Modification Page 6 of 7 When there has been no publication of notice of agency action or notice of proposed agency action as prescribed in Rule 62-110.106,F.A.C.,a person may request a copy of the agency action. The Department shall upon receipt of such a request,if agency action has occurred, promptly provide the person with notice. The Department does not require notice of this agency action to be published. However,the applicant may elect to publish notice as prescribed in Rule 62-110.106,F.A.C.,which constitutes notice to the public and establishes a time period for submittal of any petition. If you have any questions regarding this matter,please contact Liz Yongue by email at Elizabeth.Yongue@dep.state.fl.us or by telephone at(850)414-7798. Sincerely, Martin K. Seeling,Administrator Beaches,Inlets&Ports Program MKS/edy Attachments: Approved Revised Drawings(13 pages) Approved Revised Sediment QA/QC Plan(Approved February 12,2013) cc: Gary McAlpin,Collier County Lucy Blair,DEP,District Office Martin Seeling,DWRM Alex Reed,DWRM Robert Brantly,DWRM Roxane Dow,DWRM Subarna Malakar,DWRM Vincent George,DWRM El Kromhout,DWRM DWRM Compliance Officer Vladimir Kosmynin,DWRM Tunis McElwain,USACE Jenny Cowart,DWRM Luke Davis,FWC Marcia Cravens Robbin Trindell,FWC Mary McLean Johnson,MAG DEP DWRM Permit File www.dep.statej7.us Notice of Permit Modification Permit Modification No.0296087-002-JN Clam Pass Maintenance Dredging Minor Modification Page 7 of 7 • FILING AND ACKNOWLEDGMENT FILED,on this date,pursuant to Section 120.52,Florida Statutes,with the designated Department Clerk,receipt of which is hereby acknowledged. diativi2063.114 'Rd 13 Deputy Clerk Date itww.dep.state.f.us . S (z) Etyi°�°F RECEW � �� DEPARTMENT OF THE ARMY w(„-- 2 JACKSONVILLE DISTRICT CORPS OF ENGINEERS A ‘IIUler—A t 1520 ROYAL PALM SQUARE BLVD-SUITE 310 =' I -3 �. L 6+ -wM- �� FORT MYERS,FL 33919 ,fo - �� PELICAN BAY SERVICES DIVISION SttiE5 OF° REPLY TO ATTENTION OF Regulatory Division FEB 2 8 2013 South Permits Branch/Fort Myers Section SAJ-1996-02789 (NWP-WDD) Collier County do Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Dear Sir or Madam: • Your application for a Department of the Army permit received on January 25, 2013, has been assigned number SAJ-1996-02789. A review of the information and drawings provided shows the proposed work referred to as Clam Pass Dredging includes the dredging of approximately 14,960 cubic yards of sand from Clam Pass and the tidal creek described as Segments A, B, & C in association with the following activities to restore tidal exchange into Clam Bay: 1. Using a combination of hydraulic and mechanical dredges, approximately 1,800 linear feet of Clam Pass basin and channel will be dredged between Stations 0+00 and 17+50 . The proposed dredge template elevation is -5.8 feet North American Vertical Datum (NAVD). A 0.5-foot over-dredge allowance will be authorized. The profile of all dredge cuts will consist of a 1 vertical foot : 1 horizontal foot slope. All excavated and dredged beach compatible material will be loaded into all-terrain dump trucks using front end loaders, deposited within the fill template (Florida Department of Environmental Protection [DEP] reference monument R-39+733 feet to R-41, and R-42+180 feet to R-44+100 feet [total fill template is approximately 0.60 mile]), and graded using bulldozers or other appropriate grading equipment, to the permitted design fill profile (1 vertical foot : 10 horizontal feet slope with an elevation of +6.1 and +6.6 feet NAVD in the north and south fill template, respectively). Construction vehicles will either access the shoreline at one of two beach corridors located approximately 2.4 and 2 miles north and south of Clam Pass, respectively (Figures 3) or may be delivered directly to the site by barge. All sand placed within the fill template must be approved by the DEP and meet all requirements as outlined in the Florida Administrative Code subsection 62B-41.007. Although not anticipated, any non-beach compatible material will be stockpiled on the upland and ultimately disposed of landward of the Coastal Construction Control Line at the Collier County Landfill. SAJ-1996-02789 Clam Pass Maintenance Dredge The project is located within Clam Pass and Clam Bay, in Sections 8 and 9, Township 49 south, Range 25 east, Collier County, Florida. The Project area is located in the pass that connects to the Gulf of Mexico and the tidal creek portion of Clam Bay at latitude 26° 13'171" N and longitude 81° 49' 069" W. Your project, as depicted on the enclosed drawings (Attachment A), is authorized by Nationwide Permit (NWP) Number 3. In addition, project specific conditions have been enclosed. This verification is valid until March 18, 2017. This verification is valid until the NWP is modified, reissued, or revoked. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are issued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory webpage to access web links to view the Final Nationwide Permits, Federal Register Vol. 77, dated February 21, 2012, specifically pages 10270 — 10290, the Corrections to the Final Nationwide Permits, Federal Register 77, March 19, 2012, and the List of Regional Conditions. The website address is as follows: http://www.saj.usace.army.mil/Divisions/Regulatory/sourcebook.htm. Please be aware this web address is case sensitive and should be entered as it appears above. Once there you will need to click on "Nationwide Permits." These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 3. Enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re-verification may be required. The following special conditions are included with this verification: 1. Reporting Address: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, FL 33919. The Permittee shall reference this permit number, SAJ-1996-02789, on all submittals. 2 SAJ-1996-02789 Clam Pass Maintenance Dredge 2. Commencement Notification: Within 10 days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit. 3. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Corps. The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. A cultural resources assessment may be required of the permit area, if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 3.3 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO and the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work in the vicinity shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist. The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist, SHPO and the Corps. 3 SAJ-1996-02789 Clam Pass Maintenance Dredge e. In the unlikely event that human remains are encountered on federal or tribal lands, or in situations where Archaeological Resources Protection Act of 1979, or Native American Graves Protection Repatriation Act of 1990 applies, all work in the vicinity shall immediately cease and the Permittee immediately notify the Corps. The Corps shall then notify the appropriate THPO(s) and SHPO. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. After such notification, project activities on federal lands shall not resume without written authorization from the Corps, and/or appropriate THPO(s), SHPO, and federal manager. After such notification, project activities on tribal lands shall not resume without written authorization from the appropriate THPO(s) and the Corps. 4. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized. 5. Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 6. Self-Certification: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Permittee shall complete the attached "Self-Certification Statement of Compliance" form and submit to the Corps at Regulatory Division, Enforcement Section, 1520 Royal Palm Square Boulevard, Fort Myers, FL 33919. In the event that the completed work deviates, in any manner, from the authorized work, the Permittee shall describe, on the Self-Certification Form, the deviations between the work authorized by the permit and the work as constructed. Please note that the description of 4 SAJ-1996-02789 Clam Pass Maintenance Dredge any deviations on the Self-Certification Form does not constitute approval of any deviations by the Corps. 7. Regulatory Agency Changes: Should any other regulatory agency require changes to the work authorized or obligated by this permit, the Permittee is advised that a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee's responsibility to request a permit modification from the Fort Myers Regulatory Office. 8. Manatee Protection Measures: The Permittee shall comply with the Standard Manatee Conditions for In-Water Work, FWC 2011. (Attachment C). 9. Biological Opinion (BO): This Corps permit does not authorize the Permittee to take an endangered species, in particular the piping plover (Charadrius melodus). In order to legally take a listed species, the Permittee must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a BO under ESA Section 7, with "incidental take" provisions with which the Permittee must comply). The enclosed US Fish and Wildlife Service (FWS) Biological Opinion (BO) (Attachment D) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the BO. Authorization under this Corps permit is conditional upon compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with this Corps permit. The FWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA. 10. Statewide Programmatic Biological Opinion (SPBO): The Permittee shall comply with the endangered/threatened nesting sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta) and endangered West Indian manatee (Trichechus manatus) Reasonable and Prudent Measures and Terms and Conditions in Section A of the US Fish and Wildlife Service's SPBO dated August 22, 2011. (Attachmend E) 5 SAJ-1996-02789 Clam Pass Maintenance Dredge 11. Dredging: The Permittee shall dredge the area from station 1+00 through station 0+00 as the final portion of the operation and shall also conduct these dredging operations at low tide. 12. Dredge Placement: As this project is to restore the tidal exchange into Clam Bay and not for beach renourishment, the Permittee shall place all dredge material above the mean high water line. This letter does not give absolute Federal authority to perform the work as • specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact William DeFrance by telephone at 239-334-1975 extension 23. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey: http://regulatory.usacesurvey.com/. Your input is appreciated —favorable or otherwise. Sincerely, ue ./1Jvr'.(4 William DeFrance Project Manager Enclosures Copy Furnished: Turrell, Hall & Associates, Inc. 6 St(3) HUMISTON _4 i &MOORE ENGINEERS COASTAL 5679 STRAND COURT I ENGINEERING DESIGN 5679 STRAND 5942025 34110 FAX:AND PERMITTING PHONE:239 594 2021 February 18, 2013 Sent via FedEx Elizabeth Young, Permit Manager DEP Division of Water Resource Management 4708 Capital Circle N.W. Tallahassee, FL 32303 Re: Updated Plans—Beach Disposal Upland of MHW DEP Permit 0296087-001-JC HM File No. HM13-078, Clam Pass Dear Liz, This is a follow up to our discussion on Friday where I indicated that the Corps of Engineers' processing of a Nationwide Permit will limit the fill placement to upland of Mean High Water of the Gulf of Mexico. As such we are providing you with two copies of signed and sealed plans which reflect this change. The dredging plans show the use of the beach disposal areas north and south of the inlet as well as the old channel alignment just north of the proposed cut. Each of these areas was authorized previously. The approximate amount of beach fill associated with the three areas is: (1) 4,400 cy in the north disposal, (2) 4,400 cy in the old channel alignment, and (3) 6,900 cy in the south disposal area. Dredging is anticipated to be conducted mechanically including areas A, B and part of C as highlighted on the last sheet of the plans. I am sending these overnight for your inclusion with the permit modification currently being processed. We are hopeful to have the DEP permit modification and the Corps of Engineers' permit so that we can schedule a pre-construction meeting next week and begin the work. Should you have any questions or need any additional information, please let me know. Thank you for your continued assistance with this project. Sincerely yours, HUMISTON : MOO ENGINEERS • Brett D. Moore, P.E. . Enclosure Copy to: Neil Dorrill, Administrator, Collier County Pelican Bay Services Division Tim Hall,Turrell Hall and Associates, Inc. TURRELL, HALL & ASSOCIATES, INC. MARINE &ENVIRONMENTAL CONSULTING 3584 Exchange Avenue, Suite B •Naples, Florida 34104-3732 • (239) 643-0166 • Fax(239) 643-6632 MEMORANDUM TO: Neil Dorril FROM: Tim Hall DATE: February 15,2013 RE: Clam Pass Dredging,Meeting with ACOE Neil, After being informed by the Ft. Myers office of the Corps of Engineers that their supervisors in Jacksonville were not comfortable with issuing a Nationwide permit for the dredging, I requested a meeting with the Jacksonville office to discuss our options. They were willing to work on issuing an Individual permit for the project but admitted that it could potentially take several months to do so because of noticing and coordination requirements. I wanted to make our case regarding the appropriateness of the Nationwide 27 permit for this project and try to get them to work with us on a speedier process to get the pass open. Brett Moore and I met with Kelly Unger of the Jacksonville office and Tunis McElwain(via the phone)to discuss the options. The bottom line was that the Corps was not willing to use the Nationwide process on any project that had the appearance of beach renourishment. They are worried about challenges and were adamant that if sand was to be placed below the MHW line,then the Individual permit was the only option. We discussed it further and came to an agreement that if the sand was only placed along the beach above the MHW line,then a Nationwide 3 permit could be used. Also,if the work was done from the bay out to the gulf(meaning the plug to the gulf is the last thing dug out) then the Corps could determine that the project would have no potential adverse affects on smalltooth sawfish and could avoid a potentially lengthy coordination with NMFS. Since I believe that this is our only option available to get the Pass opened prior to the start of sea turtle nesting season, I am going to go ahead and submit modified exhibits to the Corps reflecting sand placement above MHW only. I have asked Humiston and Moore to amend their permit exhibits to reflect this and hope to have the information to the Corps when they open on Tuesday AM. The Corps indicated that they could quickly issue the Nationwide 3 permit upon receipt of this information.I hope to have it in hand by Friday but would not be surprised if it is not issued until Monday or Tuesday of the following week. Please let me know if you have any issues with this course of action. I do not want to have to wait until the PBSD and BOCC Boards meet again to make these changes but am instead making the decision to do what I think is in the best interest of the project and within our charge to get it done as expeditiously as possible. March 6,2013 Pelican Bay Services Division Board Regular Session 5c.Administrator's Report-Approve construction of remaining crosswalks Page 1 of 1 Crosswalks Motion (John Chandler) That the existing crosswalks at Pelican Bay Blvd and North Pointe Drive and the existing crosswalks at Pelican Bay Blvd and Crayton Road be replaced with red brick pavers. Original Message From: Mike Levy [mailto:mikelevy435 @gmail.com] Sent: Thursday, February 21, 2013 1:23 PM To: ResnickLisa Subject: Re: March 6 Regular Session Agenda Requests? Hi Lisa- If not too late; I would like to add "Approve Construction of the Remaining PBSD Crosswalks". Two existing crosswalks on Pelican Bay Blvd would be replaced with new brick paver cross walks,and two new crosswalks would be added on Gulf Park Drive in accordance with the CIP. (The two existing cross walks on PB Blvd. are at North Pointe Drive and Crayton Road. The two to be added are on Gulf Park Drive at Ridgewood Drive and Green Tree Drive.) Thanks Mike Levy March 6,2013 Pelican Bay Services Division Board Regular Session 5c. Administrator's Report-Crosswalks(Comments submitted by Fritz Mayhew) Page 1 of 1 Original Message From:JosieGeoff @aol.com [mailto:JosieGeoff @ aol.com] Sent: Tuesday,March 05,2013 11:08 AM To: ResnickLisa Subject: Crosswalks on Greentree&Gulf Park and Lake Aerator Solar Panel Greetings Lisa! I received this email from a family that lives in Oak Lake Sanctuary. They really wish to have a crosswalk installed on Gulf Park&Greentree. As you know, 1 have supported additional crosswalks,not only for pedestrian safety, but also the brick pavers add to the overall ambiance of the Pelican Bay Community. Would you kindly forward Mr. Mayhew's email to the PBSD Board Members and to Mr. Dorill....Perhaps we can discuss at tomorrow afternoon's board meeting? Thanks, Geoff From: fritzpat2 a,aol.com To:josiegeoff @aol.com Sent: 3/5/2013 10:51:57 A.M. Eastern Standard Time Subj: Crosswalk and Solar Panel Geoff We met with Kyle this morning and had a good discussion,thanks for your help. I could use your support on another issue that is on the Foundation agenda this week: The proposed crosswalk on the intersection of Greentree and Gulf Park Drive. This crosswalk location is used primarily by residents of Oak Lake Sanctuary and Las Brisas as a walking route to and from the path around Oakmont Lake, and as a bike crossing for access to Greentree and the Gulf Park Drive route to the beach. Having used this route many times I can attest that crossing Gulf Park Drive in that area can be more than somewhat dangerous as traffic coming from either direction on Gulf Park Drive is moving fast and can be difficult to see. I hope you agree that a crosswalk in this location is justified. Thanks Fritz March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 1 of 12 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-February 28, 2013 Operating Fund 109-FY 2013 (Unaudited) Assets Current Assets Cash and Investments 2,267,377,27 Interest Receivable - Improvements,Vehicles& Equipment 1,085,189.35 Due from Property Appraiser - Due from Tax Collector - Total Current Assets $ 3,352,566.62 Total Assets $ 3,352,566.62 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 20,068.58 Accrued Wages Payable - Goods Received/Inventory Recv'd 6,321.20 Total Liabilities $ 26,389.78 Fund Balance Fund Balance - unreserved 1,068,208.22 Excess Revenues (Expenditures) 2,257,968.62 Total Fund Balance 3,326,176.84 Total Liabilities and Fund Balance $ 3,352,566.62 March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 2 of 12 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-February 28,2013 Operating Fund 109-FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carryforward $ 951,600.00 $ 951,600.00 $ 951,600.00 $ - Special Assessment-Water Management Admin 695,000.00 625,500.00 632,369.02 6,869.02 Special Assessment-Right of Way Beautification 1,878,800.00 1,690,920.00 1,709,217.31 18,297.31 Charges for Services 1,500.00 - - - Insurance Company Refunds - - 1,549.74 1,549.74 Surplus Property Sales - - - Revenue Reserve (128,700.00) - 1 Interest 15,800.00 6,583.33 2,578.17 (4,005.16) Total Operating Revenues $ 3,414,000.00 $ 3,274,603.33 $ 3,297,314.24 $ 22,710.91 Operating Expenditures: Water Management Administration Payroll Expense $ 42,000.00 $ 16,200.00 $ 16,223.82 $ (23.82) Emergency Maintenace and Repairs 8,800.00 - - - IT Direct Capital 200.00 200.00 200.00 - IT Office Automation/Billing Hr. 4,600.00 2,300.00 2,200.00 100.00 Indirect Cost Reimbursement 85,100.00 42,600.00 42,550.00 50.00 Inter Payment/Mnt.Site Ins. Assessment 13,400.00 6,700.00 6,700.00 - Other Contractural Services 29,700.00 12,400.00 10,275.00 2,125.00 Telephone 3,900.00 1,600.00 1,338.40 261.60 Postage and Freight 2,200.00 600.00 3.97 596.03 Rent Buildings and Equipment 11,000.00 5,500.00 5,385.01 114.99 Insurance-General 1,000.00 500.00 500.00 - Printing,Binding and Copying 1,800.00 200.00 10.47 189.53 Clerk's Recording Fees 1,500.00 - - - Advertising 1,500.00 - - - Other Office and Operating Supplies 2,000.00 800.00 132.53 667.47 Training and Education 1,100.00 500.00 352.95 147.05 Total Water Management Admin Operating $ 209,800.00 $ 90,100.00 $ 85,872.15 $ 4,227.85 Water Management Field Operations Payroll Expense $ 135,800.00 $ 52,200.00 $ 51,749.40 $ 450.60 Engineering Fees 10,000.00 4,200.00 1,728.90 2,471.10 Flood Control Berm and Swale Mntc. 18,000.00 7,500.00 1,468.33 6,031.67 Landscape Materials/Replanting Program 8,500.00 900.00 - 900.00 Interdepartmental Payment(Water Quality Lab) 30,100.00 7,500.00 7,147.50 352.50 Plan Review Fees 1,500.00 - - Other Contractural Services 1,000.00 400.00 - 400.00 Temporary Labor 44,900.00 28,700.00 31,209.00 (2,509.00) Telephone 500.00 200.00 220.19 (20.19) Trash and Garbage 5,700.00 2,500.00 3,424.60 (924.60) Motor Pool Rental Charge 100.00 100.00 122.50 (22.50) Insurance-General 2,400.00 1,200.00 1,200.00 - Insurance-Auto 900.00 450.00 450.00 - Building Repairs&Mntc. 1,700.00 - - - Fleet Maintenance and Parts 2,400.00 2,400.00 3,139.74 (739.74) Fuel and Lubricants 3,300.00 1,400.00 1,049.53 350.47 Tree Triming 36,000.00 15,000.00 9,984.00 5,016.00 Clothing and Uniforms 1,100.00 500.00 611.75 (111.75) Page 1of3 March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 3 of 12 Personal Safety Equipment 500.00 500.00 819.57 (319.57) Fertilizer and Herbicides 98,400.00 30,500.00 30,691.27 (191.27) Other Repairs and Maintenance 1,500.00 1,100.00 2,750.61 (1,650.61) Other Operating Supplies and Equipment 2,500.00 1,000.00 2,132.99 (1,132.99) Total Water Management Field Operating $ 406,800.00 $ 158,250.00 $ 149,899.88 $ 8,350.12. Right of Way Beautification-Operating Payroll Expense $ 43,300.00 $ 16,700.00 $ 16,766.01 $ (66.01) Emergency Repairs and Maintenance 7,400.00 - - - IT Direct Capital 200.00 200.00 200.00 - Office Automation 9,500.00 4,800.00 4,800.00 - Other Contractural Services 37,100.00 15,500.00 11,930,00 3,570.00 Telephone 3,900.00 1,600.00 1,338.40 261.60 Postage 2,200.00 700.00 3.97 696.03 Rent Buildings/Equipment/Storage 12,200.00 6,100.00 5,856.66 243.34 Insurance-General 500.00 250.00 250.00 - Printing,Binding and Copying 2,600.00 400.00 - 400.00 Clerk's Recording 2,000.00 300.00 - 300.00 Legal Advertising 2,000.00 300.00 - 300.00 Office Supplies General 2,500.00 800.00 132.52 667.48 Training and Education 1,500.00 500.00 453.30 46.70 Total Right of Way Beautification Operating $ 126,900.00 $ 48,150.00 $ 41,730.86 $ 6,419.14 Right of Way Beautification-Field Payroll Expense $ 797,000.00 $ 306,500.00 $ 310,869.60 $ (4,369.60) Emergency Maintenance and Repairs 3,300.00 1,100.00 809.68 290.32 Flood Control(Water Use&Swale/Berm Mntc.) 89,900.00 37,500.00 38,179.87 (679.87) Pest Control 6,000.00 5,000.00 7,050.00 (2,050.00) Landscape Incidentals 2,500.00 1,000.00 1,372.82 (372.82) Other Contractural Services 29,500.00 16,800.00 15,855.00 945.00 Temporary Labor 201,400.00 109,100.00 108,463.00 637.00 Telephone 3,200.00 1,300.00 1,098.54 201.46 Electricity*$4,891 J/E pending to SL Fund 778 3,400.00 1,400.00 5,546.70 * (4,146.70) Trash and Garbage 17,000.00 4,700.00 5,878.88 (1,178.88) Rent Equipment 2,500.00 2,100.00 2,728.18 (628.18) Motor Pool Rental Charge 500.00 200.00 - 200.00 Insurance-General 9,300.00 4,700.00 4,650.00 50.00 Insurance-Auto 10,000.00 5,000.00 5,000.00 - Building Repairs and Maintenance 1,700.00 700.00 700.00 Fleet Maintenance and Parts 17,600.00 8,300.00 9,713.15 (1,413.15) Fuel and Lubricants 64,600.00 24,400.00 13,793.44 10,606.56 Licenses,Permits,Training 800.00 300.00 - 300.00 Tree Triming 64,500.00 9,700.00 - 9,700.00 Clothing and Uniforms 9,400.00 2,300.00 2,163.00 137.00 Personal Safety Equipment 3,000.00 1,300.00 849.42 450.58 Fertilizer and Herbicides 62,000.00 36,100.00 35,496.61 603.39 Landscape Maintenance 46,000.00 30,700.00 36,146.25 (5,446.25) Mulch/Landscape Materials 52,000.00 33,800.00 33,698.13 101.87 Pathway Repairs 6,000.00 2,500.00 2,500.00 Sprinkler Maintenance 30,000.00 13,700.00 10,575.12 3,124.88 Painting Supplies 800.00 300.00 43.88 256.12 Traffic Signs 3,000.00 1,300.00 - 1,300.00 Minor Operating Equipment 3,700.00 1,500.00 987.65 512.35 Other Operating Supplies 9,000.00 3,800.00 2,694.94 1,105.06 Total Right of Way Beautification-Field Operating $ 1,549,600.00 $ 667,100.00 $ 653,663.86 $ 13,436.14 Total Operating Expenditures $ 2,293,100.00 $ 963,600.00 $ 931,166.75 $ 32,433.25 Page 2 of 3 March 6,2013 Pelican Bay Services Division Board Regular Session I 5d. Administrator's Report-Monthly Financial Report Page 4 of 12 Capital Expenditures: Water Management Field Operations Other Machinery and Equipment $ 1,000.00 $ - $ $ - General Improvements - - - - Total Water Management Field Operations Capital $ 1,000.00 $ - $ $ - Right of Way Beautification-Field Autos and Trucks $ 35,000.00 $ 35,000.00 $ 31,907.38 $ 3,092.62 Other Machinery and Equipmeny 1,000.00 - - Total Right of Way Beautification-Field Capital $ 36,000.00 $ 35,000.00 $ 31,907.38 $ 3,092.62 Total Capital Expenditures $ 37,000.00 $ 35,000.00 $ 31,907.38 $ 3,092.62 Total Operating Expenditures $ 2,330,100.00 $ 998,600.00 $ 963,074.13 $ 35,525.87 Non-Operating Expenditures: Transfer to Fund 322 $ 241,700.00 $ 241,700.00 $ 241,700.00 $ - Tax Collector Fees 79,300.00 47,580.00 46,871.98 708.02 Property Appraiser Fees 72,900.00 43,740.00 40,608.32 3,131.68 Reserves(2 1/2 months for Operations) 533,400.00 550,400.00 550,400.00 - Reserve for Operating Fund Capital Improvement 65,000.00 - - - Reserves for Equipment 107,800.00 107,800.00 107,800.00 - Reserved for Attrition (16,200.00) (16,200.00) (16,200.00) - Revenue Reserve - - - - Total Non-Operating Expenditures $ 1,083,900.00 $ 975,020.00 $ 971,180.30 $ 3,839.70 Total Expenditures $ 3,414,000.00 $ 1,973,620.00 $ 1,934,254.43 $ 39,365.57 Net Profit/(Loss) $ - $ 1,300,983.33 $ 1,363,059.81 $ 62,076.48 Page 3 of 3 March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 5 of 12 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-February 28,2013 Street Lighting Fund 778-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 731,993.03 Interest Receivable - Improvements,Vehicles& Equipment 54,386.52 Due from Tax Collector - Total Current Assets $ 786,379.55 Total Assets $ 786,379.55 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 412.10 Goods Received/Inventory Recv'd (21.38) Accrued Wages Payable - Total Liabilities $ 390.72 Fund Balance Fund Balance-unreserved 416,959.28 Excess Revenue(Expenditures) 369,029.55 Total Fund Balance 785,988.83 Total Liabilities and Fund Balance $ 786,379.55 March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 6 of 12 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-February 28,2013 Street Lighting Fund 778-FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carryforward $ 376,200.00 $ 376,200.00 $ 376,200.00 $ - Curent Ad Valorem Tax 440,700.00 396,630.00 399,050.47 $ 2,420.47 Delinquent Ad Valorem Tax $ - $ - - $ - Insurance Claim $ - $ - 1,286.80 $ 1,286.80 Revenue Reserve $ (22,300.00) Interest 6,700.00 1,005.00 807.42 $ (197.58) Total Operating Revenues 801,300.00 773,835.00 777,344.69 3,509.69 Operating Expenditures: Street Lighting Administration Payroll Expense $ 42,200.00 $ 16,200.00 $ 16,273.89 $ (73.89) Indirect Cost Reimbursement 8,700.00 $ 4,350.00 4,350.00 $ - Other Contractural Services 26,900.00 $ 11,208.33 10,275.00 $ 933.33 Telephone 3,600.00 $ 1,500.00 1,050.80 $ 449.20 Postage and Freight 2,000.00 $ 500.00 3.97 $ 496.03 Rent Buildings/Equipment/Storage 11,800.00 $ 5,900.00 5,666.84 $ 233.16 Insurance-General 300.00 $ 150.00 150.00 $ - Office Supplies General 800.00 $ 300.00 57.80 $ 242.20 Other Office and Operating Supplies 1,000.00 $ 400.00 - $ 400.00 Total Street Lighting Admin Operating 97,300.00 40,508.33 37,828.30 2,680.03 Street Lighting Field Operations Payroll Expense 63,900.00 24,600.00 24,513.40 86.60 Emergency Maintenance&Repairs 9,600.00 - - - Other Contractual Services 800.00 300.00 - 300.00 Telephone 500.00 200.00 180.20 19.80 Electricity 44,200.00 18,400.00 8,281.93 10,118.07 Insurance-General 900.00 450.00 450.00 - Insurance-Auto 900.00 450.00 450.00 - Building Maintenace& Repairs 1,700.00 - - - Fleet Maintenance and Parts 1,500.00 600.00 120.00 480.00 Fuel and Lubricants 900.00 400.00 332.18 67.82 Other Equipment Repairs/Supplies 200.00 100.00 - 100.00 Personal Safety Equipment 500.00 200.00 - 200.00 Electrical Contractors 7,300.00 3,000.00 - 3,000.00 Page 1 of 2 March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 7 of 12 Light Bulb Ballast 13,100.00 5,200.00 4,646.88 553.12 Total Street lighting Field Operating 146,000.00 53,900.00 38,974.59 14,925.41 Total Field Expenditures 243,300.00 94,408.33 76,802.89 17,605.44 Capital Expenditures: Street Lighting Field Operations Other Machinery/Equipment 1,000.00 - - - General Improvements - - - Total Capital Expenditures 1,000.00 - - - Total Operating Expenditures 244,300.00 94,408.33 76,802.89 17,605.44 Non-Operating Expenditures: Tax Collector Fees 13,700.00 8,905.00 8,023.75 881.25 Property Appraiser Fees 9,000.00 900.00 - 900.00 Reserve for Future Construction 444,200.00 444,200.00 444,200.00 - Reserves(2 1/2 mos. for Operations) 57,600.00 57,600.00 57,600.00 - Reserves for Equipment 32,500.00 32,500.00 32,500.00 - Total Non-Operating Expenditures 557,000.00 544,105.00 542,323.75 1,781.25 Total Expenditures 801,300.00 638,513.33 619,126.64 19,386.69 Net Profit/(Loss) - 135,321.67 158,218.05 22,896.38 Page 2 of 2 March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 8 of 12 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-February 28,2013 Clam Bay Fund 320-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 153,909.58 Interest Receivable - Improvements,Vehicles&Equipment 287,297.40 Due from Tax Collector - Total Current Assets 441,206.98 Total Assets $ 441,206.98 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ - Goods Received/Inventory Recv'd 71.50 Accrued Wages Payable Total Liabilities 71.50 Fund Balance Fund Balance-unreserved 213,429.30 Excess Revenues(Expenditures) 227,706.18 Total Fund Balance 441,135.48 Total Liabilities and Fund Balance $ 441,206.98 March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 9 of 12 Pelican Bay Services Municipal Services Taxing Unit Income Statement w/Budget-February 28,2013 Clam Bay Fund 320-FY 2013 (Unaudited) Annual YTD YTD Budget Budget Actual Variance Operating Revenues: Carry Forward $ 354,800.00 $ 354,800.00 $ 354,800.00 $ - Special Assessment 134,400.00 120,960.00 122,224.90 1,264.90 Miscellaneous Income - - - Fund 111 32,300.00 - - - Revenue Reserve (6,800.00) - - - Interest 800.00 300.00 522.38 222.38 Total Operating Revenues $ 515,500.00 $ 476,060.00 $ 477,547.28 $ 1,487.28 Operating Expenditures: Clam Bay Restoration Engineering Fees $ 164,478.75 $ 12,583.33 $ 11,943.75 $ 639.58 Other Contractural Services 10,464.65 7,325.26 7,531.58 (206.33) Tree Trimming 67,000.00 16,800.00 9,984.00 6,816.00 Other Equipment Repairs 577.77 - - - Aerial Photography 15,000.00 7,500.00 5,449.80 2,050.20 Minor Operating 2,988.01 - - - Other Operating Supplies 1,500.00 - - - Total Clam Bay Restoration $ 262,009.18 $ 44,208.59 $ 34,909.13 $ 9,299.46 Clam Bay Ecosystem Engineering Fees $ - $ - $ 9,261.25 $ (9,261.25) Licenses and Permits - - - - Other Contractual Services 212,859.25 202,216.29 189,123.80 13,092.49 Total Clam Bay Ecosystem $ 212,859.25 $ 202,216.29 $ 198,385.05 $ 3,831.24 Total Capital Expenditures $ 11,000.00 $ - $ - $ - Total Clam Bay Operating Expenditures $ 485,868.43 $ 246,424.88 $ 233,294.18 $ 13,130.70 Non-Operating Expenditures: Tax Collector Fees $ 4,200.00 $ 3,360.00 $ 2,432.43 $ 927.57 Property Appraiser Fees 2,700.00 2,160.00 2,015.21 144.79 Reserves for Operations 22,700.00 - - - Total Non-Operating Expenditures $ 29,600.00 $ 5,520.00 $ 4,447.64 $ 1,072.36 Page 1 of 2 March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 10 of 12 Total Expenditures $ 515,468.43 $ 251,944.88 $ 237,741.82 $ 14,203.06 Net Profit/{Loss) $ - $ 224,115.12 $ 239,805.46 $ 15,690.34 Page 2 of 2 March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 11 of 12 Pelican Bay Services Municipal Services Taxing Unit Balance Sheet-February 28,2013 Capital Projects Fund 322-FY 2013 (Unaudited) Assets Current Assets Cash and Investments $ 2,724,906.65 Interest Receivable - Improvements,Vehicles& Equipment 1,213,800.81 Due from Tax Collector - Total Current Assets 3,938,707.46 Total Assets $ 3,938,707.46 Liabilities and Fund Balance Current Liabilities Accounts/Trade Payable $ 290.90 Goods Received Inv. Received 14,600.00 Total Liabilities 14,890.90 Fund Balance Fund Balance-unreserved 2,579,963,60 Excess Revenues(Expenditures) 1,343,852.96 Total Fund Balance 3,923,816.56 Total Liabilities and Fund Balance $ 3,938,707.46 Ii March 6,2013 Pelican Bay Services Division Board Regular Session 5d. Administrator's Report-Monthly Financial Report Page 12 of 12 Pelican Bay Services Municipal Services Taxing Unit Income Statement wj Budget-February 28, 2013 Capital Projects Fund 322-Pt'2013 (Unaudited) Annual YTD YTD Amend Budget Budget Actual Variance Operating Revenues: Carry Forward $ 2,618,011.49 $ 2,618,011.49 $ 2,618,011.49 $ - Transfer from Fund 109 General 241,700.00 241,700.00 241,700.00 - Foundation Payment for Crosswalks - _. - Special Assessment 324,400.00 291,960.00 295,221.22 3,261.22 Transfer from Tax Collector - - - - Interest 25,700.00 6,425.00 4,667.18 (1,757.82) Total Operating Revenues $ 3,209,811.49 $ 3,158,096.49 $3,159,599.89 $ 1,503.40 Operating Expenditures: Irrigation&Landscaping Hardscape Project(50066) Engineering Fees $ 125,332.12 $ 20,888.69 $ 7,075.45 $ 13,813.24 Other Contractural Services 2,714,133.64 135,706.68 117,930.01 17,776.67 Sprinkler System Repairs - - - - Landscape material 64,550.01 24,529.00 26,647.25 (2,118.25) Permits - - Electrical - - 2,285.67 (2,285.67) Other Operating Supplies(Pavers) - - - - Other Road Materials - 2,500.00 (2,500.00) Traffic Sign Restoration Project(50103) Traffic Signs 78,920.00 23,676.00 20,330.00 3,346.00 Lake Bank Project(51026) Swale&Slope Maintenance 170,000.00 102,000.00 100,822.99 1,177.01 Engineering Fees 500.00 - - Other Contractural Services 22,275.72 - - Total Irrigation&Landscaping Expenditures $ 3,175,711.49 $ 306,800.37 $ 277,591.37 $ 29,209.00 Non-Operating Expenditures: Tax Collector Fees $ 10,000.00 $ 7,500.00 $ 5,875.15 $ 1,624.85 Property Appraiser Fees 6,600.00 4,950.00 4,867.45 82.55 Reserve for Contingencies - - - - Revenue Reserve 17,500.00 - -- - Total Non-Operating Expenditures: $ 34,100.00 $ 12,450.00 $ 10,742.60 $ 1,707.40 Total Expenditures $ 3,209,811.49 $ 319,250.37 $ 288,333.97 $ 30,916.40 Net Profit/(Loss) $ - $ 2,838,846.12 $2,871,265.92 $ 32,419.80 Page 1 of 1 March 6,2013 Pelican Bay Services Division Board Regular Session 7c.Landscape Water Management Subcommittee Report-Community Outreach Correspondence Page 1 of 2 Original Message From: david trecker[mailto:djtrecker @yahoo.com] Sent:Thursday,February 28, 2013 4:09 PM To: ResnickLisa Subject: Meeting at The Club Lisa-My good days for a meeting with the gents at The Club Pelican Bay re pollution control are March 12 in p.m., March 13 anytime, March 14 in p.m.,March 15 anytime,March 21 in p.m.,March 22 anytime. Thanks, Dave Original Message From: david trecker[mailto:djtrecker @ yahoo.com] Sent:Thursday,February 28,2013 11:08 AM To: lustigl @embargmail.com Cc: ResnickLisa Subject: Re: Proposal for"Pilot Launch" of PBSD Community Awareness Program on Fertilizer Usage Diane- I appreciate your input and detailed suggestions. I would certainly favor including Hyde Park and other SW Mgt group condos as part of the overall awareness program. When we are a bit further along in scheduling, someone from PBSD will get back to you. Dave From: "lustigl(a�embargmail.com" <lustigl @embargmail.com> To: Resnick Lisa(PBSD)<office @pelicanbayservicesdivision.net>; "Trecker, Dave" <ditreckera,yahoo.com> Cc: Hyde Park Condo<hydeparkcondo a,embargmail.com> Sent: Wednesday, February 27, 2013 9:34 PM Subject: Proposal for"Pilot Launch" of PBSD Community Awareness Program on Fertilizer Usage (Lisa: Please forward to Neil) Dave&Neil,At yesterday's PBSD Landscape Water Management meeting,you asked that I send an email regarding my suggestion for Hyde Park to play a support/partner role in"rolling out" your community awareness program. My idea: * Location: Using our clubhouse here--situated right on the lake across from the golf course--Hyde Park could serve as a"co-host"/"sponsor" with PBSD for the event. * Timing: Soonest, while your brochure is still in "draft" status. You can use the insights and "lessons-learned" from the event to refine, and pinpoint the brochure's material. Consider the timeframe March 19-21. If you feel a later date would be better, I think we would have to wait until at least 8 April, because of Easter. However,my observation is that you begin to lose many residents starting 1 April. * Associations: Steve Kohn(our association manager from Southwest Property Management), and I put our heads together and came up with the following list of associations to invite. The suggested associations all are located on lakes, have either Southwest Property Management and/or Adolfo Mayor as landscaper. * Interlachen(Southwest) * Crescent(Southwest) * Chateaumere(Southwest) March 6,2013 Pelican Bay Services Division Board Regular Session 7c.Landscape Water Management Subcommittee Report-Community Outreach Correspondence Page 2 of 2 * Hyde Park(Southwest) * Sanctuary * Villas of Pelican Bay * Audience: Invite those individuals from each of the associations who have a role in landscaping and grounds maintenance. * Association president * Association manager * Grounds committee representative * Landscaper(If you concur with our list of associations,you'd have three landscapers present) * Representative from the golf course * Foundation I encourage you to make the meeting as "interactive" as possible. I'd ask them for their"take" on the material presented. * How"new" is this information to them? They may be significantly more aware of this issue than the PBSD committee members were. * What additional information would they need? Use the audience to review the wealth of informational material,which David mentioned,to identify what would be most helpful for the community to receive. * Similarly, solicit their insights on what impact would the new regulations have on landscaping: the visual effects,costs,etc. * How receptive do they believe the wider Pelican Bay community will be to the visual impact of a new regime of fertilizer/pest control,etc? * What suggestions do they have for monitoring compliance and enforcement? For this first "test run" of your community awareness program, I'd encourage Neil to be there and "kick off the meeting" and make the linkage of the lake quality to Clam Bay estuary, as well as Kyle Lucas for his phenomenal fount of knowledge and experience. If you agree in concept with this idea,we will bring our condo association president--Paul McDonald--on board and get his approval and involvement as well. Steve Kohn will get the names, contact info, etc for the condo managers,their landscapers,and association presidents. I will gladly help you out in any and everyway possible--to include making the coffee. One detail: I will be in Tampa from 13-17 March while my husband is undergoing surgery. Sincerely Diane Lustig(239-593-6448) Steve Kohn's contact info: 597-9740; 6320 Pelican Bay Blvd;Naples FL 34108;His email is listed as "Hyde Park Condo" as the"cc"above. March 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water Management Subcommittee-Approve community outreach drafts:proposed program,brochure,and presentation* Page 1 of 10 PBSD PROGRAM TO DEAL WITH WATER POLLUTION Near Term (Calendar 2013) (1) Make community aware of problem and immediate steps that can be taken for fertilizer BMP(articles and presentations) (2) Explore ways to reduce or eliminate copper fungicide use (Basin 3 pilot) (3) Continue to monitor nutrient and copper levels, including recycled water and sediment testing. Which lakes have the highest levels? Which associations are the major offenders? (4) Explore options with the Foundation for enforcement of fertilizer BMP. Mid Term (2014-15) (1) Expand pilot program, if successful,to all basins. (2)With Foundation, implement fertilizer BMP enforcement. Long Term If necessary, remove copper from lakes. The best regulatory scenario would be that, with controlled fertilizer use and with little or no additional copper fungicide pumped into the lakes, the existing copper in Clam Bay would be flushed out to sea and Clam Bay would meet the copper standard in 4-5 years. If not,copper removal from the lakes may be necessary. Even with Clam Bay compliance,copper removal from the lakes may be justified to reduce long- term risk. March 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water Management Subcommittee-Approve community outreach drafts:proposed program,brochure,and presentation* Page 2 of 10 PBSD COMMUNITY AWARENESS PROGRAM Presentations (Trecker,Cravens or other PBSDer with Lukasz or Dorrill) • Foundation board • Men's Coffee • Presidents' Council • PBPOA board • Women's League • Mangrove Action Group • Hyde Park plus others SW Property-managed associations • Other selected associations Aids • PBSD brochure • Powerpoint • Handouts Tim Hall piece Florida BMP pieces Articles (Trecker, Cravens,other PBSDer) • Pelican Bay Post • Foundation and/or PBPOA email blasts Timing Begin in late March or April `13 March 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water Management Subcommittee-Approve community outreach drafts:proposed program,brochure,and presentation* Page 3 of 10 BROCHURE DRAFI Pelican Bay is facing a severe problem. Its waterways —inland lakes and Clam Bay—are being polluted by high levels of fertilizer runoff and copper fungicide. Nutrients from the runoff— dissolved nitrogen and phosphorus — cause algae bloom, a threat to aquatic plants and wildlife. To deal with algae buildup, a copper fungicide has been applied over an extended period of time. Through accumulation, copper—itself a pollutant — has reached alarmingly high levels in our freshwater lakes. Those lakes are not subject to federal or state regulation. But pollution—leading to unsightly sludge,odor and dead wildlife—affects quality of life and property values of people who live nearby. And Clam Bay, downstream of the lakes, is highly regulated and has strict limits on pollution. The maximal acceptable level for dissolved copper is 3.7 micrograms per liter. Current levels in Inner and Outer Clam Bay are 7.7 and 9.0, respectively, marginally out of compliance. But dissolved copper in the 44 lakes that feed Clam Bay ranges from 12 to 3870 micrograms per liter, with an average close to 350. Continuing copper buildup will lead to further migration to Clam Bay and eventually a major pollution problem. Several approaches are being taken to deal with this problem. (1) The Pelican Bay Services Division (PBSD) is exploring ways to reduce nutrient levels in the lakes as a means of controlling algae buildup. The use of selective bacteria in combination with aeration and littoral plantings will be tested in Basin 3, the central section of the freshwater lakes. Algae that does form will be removed mechanically or treated with non-copper fungicides. if this pilot program is successful, it will be expanded to other basins. (2) To deal with fertilizer misuse, the heart of the problem, the PBSD is undertaking a community awareness program — a follow-on to a recent county ordinance (11-24) which mandates that Best Management Practices (BMP) be followed throughout Collier County. March 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water Management Subcommittee-Approve community outreach drafts:proposed program,brochure,and presentation* Page 4 of 10 Dealing with this problem is everyone's responsibility. If we are to have clean groundwater and healthy waterways in Pelican Bay, it is essential that fertilizers be used in accordance with BMP. Here is a specific list of things every condominium association, homeowner association and individual homeowner can and should do. • Use only landscape maintenance companies whose technicians are trained and licensed in BMP ("Florida Certification for Urban Landscape Commercial Fertilizer Application"). During fertilizer application, be sure there is appropriate on-site supervision. • Use fertilizer application rates recommended by the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries. Those can be accessed at http:/fyn.ifas.ufl.edu/professionals/GI-BMP publications.htm. • Limit nitrogen usage to 4-6 lbs./1000 sq. ft./yr. • Limit phosphorus usage to 0.5 lb./1000 sq. ft./year. • Whenever possible, use slow-release fertilizer. • Do not fertilize during the rainy season (June 1 - September 30) or prior to forecasted storms • Be sure no fertilizer is used within 10 feet of groundwater,including lakes, except to establish new landscape and then for no more than 30 days after planting. • When installing new landscape, use drought-resistant plants that require minimal fertilization. • Be mindful that reclaimed water used for irrigation already contains most of the nitrogen and phosphorus needed for grass fertilization. Little or no additional fertilizer may be needed. The Pelican Bay Services Division, working in concert with the Pelican Bay Foundation, urges all residents of Pelican Bay to follow these guidelines. The health of our lakes and estuary depend on it. _ _ March 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water Management Subcommittee-Approve community outreach drafts:proposed program,brochure,and presentation* Page 5 of 10 POWERPOINT DRAFT Slide 1 against a backdrop photo of a neighborhood lake POLLUTION IN PELICAN BAY Slide 2 WATERWAY SYSTEM Part of the South Florida Water Management District • 44 county freshwater lakes —retention ponds to control runoff • 19 private lakes — responsibility of individual associations • Troughs to canal along berm, with culverts leading to Clam Bay • Clam Bay —Outer, Inner and Upper Clam Bay and connecting creeks • Clam Pass Slide 3 Map of Pelican Bay showing waterways Slide 4 Photo of neighborhood lake Slide 5 Photo of berm canal Slide 6 Photo of Clam Bay March 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water Management Subcommittee-Approve community outreach drafts:proposed program,brochure,and presentation* Page 6 of 10 February 26,2013 Landscape Water Management Subcommittee 3.(Revised 2/25/13)Draft Presentation Page 2 of 6 es n ess 788 I nrvisraro‘8,84, 84,-;•88-1 = ' '*= 8.88niv .a88,8 of 8 Slide 7 r . 4 ,akes ('anal al,wig herrn 7 lam Ha Slide 8 \VAIIN Qt 'Al I IV MONITORING )issol !Ten Total dissolved solids - Dissolved nitrogen 1-7issolved phosphorus , Chlorophyll A Dissolved criipper it ungicidc Slide 9 S I A IL AND FEDERAL IONS ri Man made I akes- SFWMI) approval alter construclion No regulation thereafter "tarn Ha‘ t F PA standards' l'iotida I)1-1)standard, Mar 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water e#_m Subcommittee-Appro ve community out reach draft s:pro posed pro m,bro rum andpresentation* Page 7 of 10 February 26,2013 Landsca pe Water Management ky_ _ 3.(Revised 2/2e1%Draft Presentation Page 3«B »mom n cn G5E5 SUS>H, >owxs m ; Grae e V,Wor I «P .«awe m, .3,3 m e • rr , .m«,r mrm, rrmr Slide 10 C! \'lB4 Y1 3T q: UE%Al S[ !! 1 d Actual I ki6 ved o«y y0, 3 S m g"), 5,1 *' N Rrc cn ().X1 0.07 !® I o¥p&&A G(% 111V,' Caper ? 3.74 I 7.7bnwr 'Lam Bw 3U ( him Bav * y d p§m of g 6&ed o nre *« AN emyc in 1-2 I! Slide 11 SIR1(4'S -1CI'IlRO141 yS H%hQr hiFUgtc (nitrogen :-inil /mspQinv.) Nutrient runttl lake. andCbm By 4 Algae Nn minil' 'c; mtriul fI mined $aw vrd nT�een - ow* and qudgeR+w/, bwh and bird kill ƒ Copper Sn%ddeGQwup1,mid mein . . .. March 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water Management Subcommittee-Approve community outreach drafts:proposed program,brochure,and presentation* Page 8 of 10 February 26,2013 Landscape Water Management Subcommittee 3.(Revised 2/25113)Draft Presentation Page 4 of 6 —— Slide 12 Fertilizer Runoff 1----0 1.ake and Bay Nutrient Pollution A1,-..,,ac Bloom 1 .ake and Ha\ Copper Pollution Copper Fungicide Slide 13 Ct1R1-2F,NT WATFIZ Q1.1A 1 ITY''' 1,akes Clam Biu_ 1)issol■ed o\ygen 4,9 mg71. .s i Nitrogen (nitritesinitrates) 0 I ni /I • .-- - 0,07 Phosphorus (phosphates) 0.11 mgil, 0.07 ('upper 35() gill, o *Average of test data in I -N),•1'1 ____ _ March 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water Management Subcommittee-Approve community outreach drafts:proposed program,brochure,and presentation* Page 9 of 10 Slide 14 HOW DO WE DEAL WITH THE PROBLEM? Dual-Path Approach (1) Replace copper fungicide or reduce its usage - Bacteria + aeration + littoral plantings piloted in Basin 3 to curtail nutrient buildup from fertilizer run-off - Remove algae mechanically or treat with non-copper fungicide (2) Reduce fertilizer usage - Community awareness of problem - Best Management Practices as mandated by county ordinance Slide 15 WHAT CAN YOU DO? (1) Use BMP-licensed landscape maintenance companies "Florida Certification for Urban Landscape Commercial Fertilizer Application" (2) Ensure BMP are followed by maintenance companies (3) Use fertilizer rates recommended by "Florida-Friendly BMP for Protection of Water Resources" Slide 16 WHAT CAN YOU DO? (4) Use slow-release fertilizer whenever possible (5) Limit nitrogen application to 4-6 lbs. per 1000 sq. ft. per year (6) Limit phosphorus application to 0.5 lb. per 1000 sq. ft. per year March 6,2013 Pelican Bay Services Division Board Regular Session 7ci. Landscape Water Management Subcommittee-Approve community outreach drafts:proposed program,brochure,and presentation* Page 10 of 10 Slide 17 WHAT CAN YOU DO? (7) Do not fertilize between June 1 and September 30 or prior to forecasted storms (8) Apply no fertilizer within 10 feet of groundwater, including lakes (9) Use drought-resistant plants that require minimal fertilization Slide 18 HERE'S A TIP Reclaimed water used for irrigation already contains most of the nitrogen and phosphorus needed for grass fertilization! Slide 19 TAKE-HOME MESSAGES (1) Recognize we have a potentially serious pollution problem. (2) Take action by ensuring your landscape maintenance company is certified in and follows fertilizer BMP Slide 20 WHAT'S AT STAKE • Clean environment • Property values • Maintenance costs • Clean-up expenses March 6,2013 Pelican Bay Services Division Board Regular Session 11a. New Business-Establish priorities and identify upcoming meetings Page 1 of 2 February 13,2013 Pelican Bay Services Division Board Regular Session 11a.New Business-Establish priorities and identify upcoming meetings Page 1 of 2 January 2,2013 Pelican Bay Services Division Board Regular Session 10. Setting Priorities(Keith J.Dallas) Page 1 of 2 Setting PBSD Priorities By Keith J. Dallas As I end my term as your Board Chair, I have started to take inventory of the issues that I feel are outstanding,in order to avoid items being inadvertently forgotten. That process has highlighted the number of important projects in which the PBSD is currently involved,and the need to prioritize them so that the most important ones are accomplished as needed. The following are my thoughts. They are given to encourage the Board to think about priorities and develop your own priorities. 1. Clam Bay Dredging-This has to be the number one priority, and needs immediate attention. The PBSD has to have a seamless transition from the CZM/Foundation,and do the permitting/dredging project on as fast a track as possible.Anything else is unsatisfactory. 2. Solving the Copper Sulfate Problem -Although there is some time to fully solve this problem,it still has to have very high priority. The solution(s) are probably very complex, and will involve trying various ideas and then monitoring results. It also involves community communications and working closely with major abutting landowners.All that will take a huge effort from staff and the PBSD Board, and will not occur quickly. There is only 5 years to solve this problem. 3. Taking Over Various CZM/Foundation Functions- The intent is that PBSD step into roles that have recently been done by either CZM or the Foundation. Staff and the Board should spend time to make sure nothing slips through the cracks and consider if there are other additional functions that are needed. This will take time and effort over the next few months. 4. Tree Canopy/Pathway/Bike Lane Study- I think the timing of this project is most debatable. Its urgency has been diminished with the repaving of the Pelican Bay pathways.Although the study would be useful,it's immediate importance pales in comparison with the items above. Given it will take a lot of resources and staff/Board time, should you consider delaying most of this for a year or two?The pathways probably won't need work for a couple of years or more, and the County has now delayed the repaving schedule for the Boulevard to 2019 (and therefore the need to decide on possible bike paths). Maybe you should merely hire the arborist to provide status on the current health of the tree canopy and the best ways to maintain (and possibly enhance) the health of the trees, assuming no immediate pathway changes. The rest of the project can wait. March 6,2013 Pelican Bay Services Division Board Regular Session 11a. New Business-Establish priorities and identify upcoming meetings Page 2 of 2 February 13,2013 Pelican Bay Services Division Board Regular Session 11a.New Business-Establish priorities and identify upcoming meetings Page 2 of 2 January 2,2013 Pelican Bay Services Division Board Regular Session 10. Setting Priorities(Keith J.Dallas) Page 2 of 2 Setting PBSD Priorities By Keith J. Dallas Page 2 5. Ongoing Landscape Improvements - This almost falls into the normal maintenance mode. Each year staff will upgrade further sections of our landscape, as time and money allows. 6. Crosswalks - Hopefully a decision will be made at the January 2nd meeting regarding any modifications at the San Marino crosswalk. Hopefully that will also provide the direction for future crosswalks. Once that is decided, minimal effort will be needed deciding on when and where future crosswalks are built. 7. Repaving Pelican Bay Boulevard - The County has now said the Boulevard will not be repaved until Fiscal 2019. The Board will have to decide if that is acceptable, and if not what can practically be done. Although I agree the current road condition is cosmetically very poor, I personally would defer discussions of this until other items have been solved and you are sure of the PBSD's financial status. 8. Replacing Street Lighting - At some point the PBSD needs to hire an expert to advise you of the current state of the art of LED lighting, and update the cost estimates provided by Wilson Miller. The original study said the fixtures should be replaced in 4 to 7 years from now. However given the time needed to update the study, decide on a specific technology and look, and communicate to the community, a couple of years lead time is needed. Once staff and Board get beyond the current high priority issues, thought should be given to start the process and maybe do a demonstration project. It is my hope that the Board will start to discuss priorities at the January 2nd meeting. Anything that can be lowered in priority will give everyone more time to work on immediate issues. Keith March 6,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Page 1 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Discussion Page 1 of 11 BAY COLONY COMXft M'ASSOClAT10\' General Manager, CEO Michael A.NJI,m, Board of C,iovernors January 11,2013 cart15711Sdt, Kim PEnsenhvre Pr aairr.t ...,1 John nst t .e President E.1 aid,in Pelican Bay Services Division 1~1� I do Neil Dorrill 5672 Strand Court,Suite 1 Bob Al,i hkin ° - rtttiastt;;t Naples, FL 34110 n i,Prtima Re: Beach Renourishment Rt,ec Ann,Sharp 'Fist-cma hear NPiI• 1 am writing this letter to you on behalf of the Bay Colony Community Association, Inc. ':1"'rl`''f'1t1'p;' NI l7 (`BCCA"). BCCA was recently made aware of Collier County's plans to renourish the Rdv 'olonq Shores various Collier County beaches and is of the understanding that those plans do not include the The 13ihm,,c beaches adjacent to Pelican Bay(including Bay Colony). Flit'`n ""' It was BCCA's understanding that Pelican Bay Services Division ("PBSD") historically paid Al ltt�a h for beach renourishment to the beaches from the Contessa condominium to a location fifteen rh.t'wrl.Fa hundred feet south of the Sandpiper Beach facilities. Further TDC Funds paid for beach 11.4, . ,, renourishment from the Ritz to the Contessa. The last renourishment of these beaches occurred in 2006. BCCA was informed that Collier County is relying on a study which 11 �; showed that beaches adjacent to Pelican Bay have only lost a fraction of shoreline in comparison to the various other beaches to be re-nourished. Notwithstanding the suggested 'KU t.caorm;tin results of this study, the erosion that has occurred is not insignificant and because the County is on a six-year cycle to re-nourish the beaches, the failure to renourish the Pelican Bay Peter:'tie411 beaches at this time in connection with the County program could create a substantial hardship f .f`'r", i ` for Pelican Bay if that area is made to wait until the next cycle in 2019 - 2020. As TDC Gcr:d;l K. Funds are apparently not available, we would urge the Pelican Bay Services Division to act promptly to take such action as necessary in order to join the county process for the re- nourishment of the Pelican Bay beaches. Thz Sn.r.�d Doug Danforth We woeld appreciate yetis prompt rc.cponcc to thi.rovnir .iCati.'.n 3c we are advised that rime is of the essence. tilt_t VA tInI':brut Sincerely, 110,tg et- Nfo'T Kim Rosenberg Mi et,A,N son,CCM,CAM President Chief Executive Officer cc James Hoppensteadt, President,Pelican Bay Foundation,lnc. 8700 BAY COLONY DRIVE•NAPLES,FLORIDA 34108.239-591-2202 • FAX 239-591-1685 • www.bay-colony.org § ` ` . . . / k .a. +# - \ . / $B . . \ ƒE ƒ) . . / . Z . . \ . Ia . • j / c § 4K \ � )/ K k2 e2 . » $ 2 cnt § ■ . . . . 2 ' •§) / . $ .kk \} >� . . 3J /\ )) \ a 5a ] / H f t »'i$ n� In \#� T _ g §> ER a/\ 2oa § . > g .. . � . . . . « . & ±�� ] _ � k . . . .. § © « k < \ I § 2 2 \I kkk#m k I ##$k% $ ®$%' ) . . k « k /{ t LJLƒI R § 11 § \/ % # ## § k kk 2 ƒ� ` � ) g$ 8 ` Li § §k/\N¢ k§ [ / i t e °8/k « f ) \§ £ + k..R/\ d . - + $ March 6,2013 Pelican Bay Services Division Board Regular Session 11b. County's 2013 Beach Renourishment Program Page 3 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Discussion Page 3 of 11 Pelican Bay Services Division Board October 7,2005 Mrs.Johnson-Fogg stated,"I don't think anyone will disagree with that". I am only brining this up because it has been a couple of years and nothing has happened. It is not going to go away and somebody is going to have to deal with it. Mr.Carroll stated,"We will get a letter off to the Foundation to find out their position on the issue". Mr. Sutphin stated, "1 would suggest that you strongly demand a response by our next meeting". Mr.Charlie Manning-Grosvenor-"At the next meeting are you going to decide whether to add more money or stay with the$800,000 for beach renourishment"? Mr.Carroll replied,"No,that is a separate issue and I was about to bring that subject up". I think we ought to consider approving$160,000 to increase the amount of money to be spent on the beach renourishment. Mr.Domenie asked,"Where would we get the additional funds"? Mr. Sutphin replied, "Spend$350,000 on Oakmont Lake". That is a phony number to begin with. Mr. Carroll moved seconded by Mr. Sutphin and approved on a vote of 7/1 to increase the amount to be spend on beach renourishment by$160,000. Mr.laizzo cast the dissenting vote. Mr.laizzo asked,'We have$840,000 budgeted don't we"? Mr.Carroll replied,"Yes,now we have$1,000,000". Now we will be getting 36,000 cubic yards instead of 30.000 cubic yards of sand. Mr.laizzo stated,"Yes,but I don't know that it is necessary. Mr.Sutphin replied,"I don't know that any of it is necessary". SYSTEM III b IV RETENTION AREA IMPROVEMENTS-TEST AREA Mr.Lukasz stated,"There Is nothing new to report on this project". Mr.Domenie asked,"There are still some flags in the area,are you still planting"? Mr.Lukasz replied,"We still have some fern and Cord Grass to plant in that area". .. . 6238 .i C.■ , March 6,2013 Pelican Bay Services Division Board Regular Session 11b. County's 2013 Beach Renourishment Program Page 4 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11b. County's 2013 Beach Renourishment Program Discussion Page 4 of 11 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2006 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Clam Bay Operations&Maintenance Clam Bay Improvement Program(183805) Engineering(320-183805-631400-511051) S80,000 Restoration Consultant Services $80,000 The Clam Bay monitoring program includes biological, water quality and h)drographic analysis which is performed on an annual basis. Findings of these analyses are developed into an Annual Management Report used to identify any potential improvanarts in the restoration of the Clam Bay System.The fees being requested are for the consultant services necessary for these improvements. Also,included is 520 hours for biologist time to assist staff in the Clam Bay Restoration Program. Pelican Bay Beach Renourishment SO This funding will allow P1351)to participate in the permitting process with Collier County which will give the Pelican Bay community a cost effective option for beach renoutishrnent. Other Contractual Se sic s(320-183005-634999-511051) 5870,000 Pelican Bay Beach Renourishment $840,000 These fees are the renourishment of Pelican Bay Beaches from the Contessa south to approximately 1,500 feet south of the Sandpiper Beach Facility.TDC will fund the beach renourishment horn the Contemn north to the Ritz Carlton. Interior Tidal Channels $5,000 Fees are being budgeted for the contractual services necessary for the construction of the Interior Tidal Channels. Cattail Enhancements 8c Plantings $25,000 These fees are for cattail replanting within the Clam Bay System. 64 March 6,2013 Pelican Bay Services Division Board Regular Session 11b. County's 2013 Beach Renourishment Program Page 5 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Discussion Page 5 of 11 Pelican Bay Services Division Board Sys tember 7,2005 Mr.McAlpin replied,it could be from the Ebb Tide Shoal,the Flood Tide Shoal or it could be truck hauled". That has to be worked out with the State. Mr.Mathias asked,'What happens from R-37 to Clam Pass at R-42"? Mr. McAlphin replied, 'When that was surveyed it was determined that portion of beach did not critically erode and did not require renourishment". Mr.Mathias stated,'There was an original bid of 63,000 cubic yards of sand from R-30 to R-37 according to this document,which may not be right". Mr. McAlphin replied. "Recognize that the area between R-30 and R-31, I am going to take care or. That is 30,000 cubic yards that I am going to pay for. The other 36,000 cubic yards you are going to pay for. Mr.Sutphin stated,"We have a habit of over-complicating simple issues". To me,this is very simple. The County has a plan,there are aspects of it that we don't like,but we don't have the ability to change the plan. We either play in the game for$840,000 or we wait eight years for the chance to play again. I have heard speeches,including one from Mr.laizzo,of how we don't listen to the residents. I guarantee you that an overwhelming percentage of Pelican Bay residents would shoot us if we would watch the beach erode. Mr. Charlie Manning—Grosvenor—"Why was it that the south beach was never in the original proposal and have you noticed that the south beach has eroded"? Mr.Domenie stated,it will come back". Mr.Carroll stated,it moves back and forth". Mr.Sutphin moved seconded by Mr.Spanier and approved by a vote of 8/2, that the Board approve the expenditure of the$640,000 that is in the budget liar beach renourishment. Mr. Ro ilig and Mr. Boland cast the dissenting votes. CLAM PASS INLET POLICY. Mr. Burke stated,"A lot of time has been spent on Clam Pass Inlet". For the sake of the rest of the Board and the owners,the Pelican Bay Services Division has been responsible for the permits for the maintenance dredging of Clam Pass. We have done it in a manner to benefit the w-� 6187 March 6,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Page 6 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11b. County's 2013 Beach Renourishment Program Discussion Page 6 of 11 Pelican Bay Services Division Board August 3,2005 postponed for one year. We have no idea whether or not the County is willing to spend the extra money that is indicated in the bids. Mr.Burke stated,'There are a lot of"ifs",but we feel that is our best position". Mr.Ward stated,"The question is,what you are going to do about the$172,000". Mr. Burke stated, "The feeling is that we could move funds around in the budget to accommodate the$172,000". Mr. Sutphin moved seconded by Mr. Roellig and approved unanimously that the Services Division express!Ys desire to continue to participate in the Beach Renourishment Project, subject to a final review when the County answers the as- et unanswered questions. CLAM PASS INLET MANAGEMENT POLICY Mr. Burke stated, "1 was encouraged by some of the things that I heard from Mr. Humiston and others". Essentially, we are not in favor of dredging the ebb shoal. From what I gather from the discussions, if the County Inlet Sub-committee came up with a policy regarding Clam Pass that would dredge that shoal,they would have to go to the State to get an exception or modification to our permits. Our present permits govern that process. Mr. Sutphin stated,"Mr. Burke, I believe Mr.Humiston indicated they would need a new permit,which he very much doubted they would ever get from the State". Mr.Burke stated,'We are still going to move forward with the Inlet Resolution that we are going to provide to the County Commissioners". That has not been presented yet,has it? Mr.Ward replied,"No". Mr. Burke stated, "In effect,we are telling them that we are happy with the way we do it now and the bigger picture is Clam Bay". I felt good about what we discussed and what we heard. Mr. Carroll stated, "Mr. Lukasz mentioned that there are some changes to the Resolution". Mr.Ward replied,"Yes". 0 0 r 0 O 6151 N O March 6,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Page 7 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Discussion Page 7 of 11 Pelican Bay Services Division Board October 6,2004 Mr.Ward replied,I don't think you are ever closing the door". I think it is a good idea to put it on the table that is what we want to pay for and we will see how far up the flagpole that will fly. Mr. Burke moved, seconded by Mr. Werner and approved unanimously that we limit our participation In beech renourishmsnt to $700,000 and that the scope of participation be limited to placing sand on the beach, not or monk SYSTEM lit AND IV BERM AND RETENTION ARE IMPROVEMENTS Mr. Burke stated,'The plan, as developed by Mr. Lukasz and Mr. Lieber and presented to us,allows the Pelican Bay Services Division to move forward with the System III&IV berm and retention work". Mr.Ward, I understand that you and the Foundation are working In getting the associations involved to do their part. The Clam Bay Sub-committee wanted to recommend that the full Board proceed with the plan as presented to us. Mr.Domenie asked,"is that the$75,000"? Mr.Carroll replied,$200,000". Mr. Domenie stated, "The $200,000 covers re-strengthening of the berm on the west side". From what I can see,this part is$75,000. Mr.Ward replied,`No, I believe It is a$150,000 figure". It is$200,000 for this program, exclusive of our berm restoration work. Mr. Werner asked, "Do you still have the sheet from last month showing the break town"? Mr.Ward replied,"Not with me". Mr.Werner stated,"Mr.Domenie,I have the same memory as you'. Mr. Ward replied, "Mr. Lukasz has Indicated that It Is $203,000 and includes the berm work". k; Mr.Burke moved,seconded by Mr.Ro.lIg and approved on a vote of WI to move forward with the System Ill and IV a. berm and retention area Improvements as presented. Mr. lalao cast the dissenting vote. K-! L7 r-i 5874 March 6,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Page 8 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Discussion Page 8 of 11 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2005 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Clam Bay Operations&Maintenance Clam Bay Improvement Program(183805) Engineering(320-183805-631400-511051) $80,000 Restoration Consultant Services $80,000 The Clam Bay monitoring program includes biological, water quality and hydrographic analysis which is performed on an annual basis. Findings of these analyses are developed into an Annual Management Report used to identify any potential improvements in the restoration of the Clam Bay System.The fees being requested are for the consultant services necessary for these improvements. Also,included is 520 hours for biologist time to assist staff in the Clam Bay Restoration Program. Pelican Bay Beach Renourishment $0 This funding will allow PBSD to participate in the permitting process with Collier County which will give the Pelican Bay community a cost effective option for beach renourishment. Other Contractual Services(320-183805-634999-511051) $196,900 Pelican Bay Beach Renourishment $46,600 These fees are the renourishment of Pelican Bay Beaches from the Contessa south to approximately 1,500 feet south of the Sandpiper Beach Facility.TDC will fund the beach renourishment from the Contessa north to the Ritz Carlton. Interior Tidal Channels $150,000 Fees are being budgeted for the contractual services necessary for the construction of the Interior Tidal Channels, Clam Bay Plantings $300 These fees are for Mangrove replanting within the Clam Bay System. 64 March 6,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Page 9 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11b. County's 2013 Beach Renourishment Program Discussion Page 9 of 11 PELICAN BAY SERVICES DIVISION BOARD MEETING June 2,2004 Mr. Sutphin moved seconded by Mr. Werner and approved unanimously to adjust the budget by reducing the flushing cuts to $150,000, removing the beach rsnourishment contingency In the amount of $140,000 and reduce the Operatin• Fund Balance to 3.5 months. Mr.Ward stated,"Because your Ordinance requires an affirmative vote on this Budget, I think your motion was to remove line items", I need you to approve the budget. Mr. Werner moved seconded by Mr. Domenie and approved unanimously by a vote of 10/0 to approve the Fiscal Year 2005 Bud•et su• act to removal of the line items above". ADMINISTRATOR'S OVERVIEW Mr.Carroll asked,"Mr.Ward,have we agreed to resurfacing the tram berm"? Mr.Ward replied, "That is an approximate$40,000 expenditure to do that, which would be completely wasted money if we move forward with the removal of the cattails". Mr. Carroll stated, `That is a good point". Mr. Kinney we have money in the budget to spend$1,900,000 to scoop out all of the cattails to get rid of them. If the County buys that and it goes through they have to come up with the money,then we will be proceeding with that work. If we were to resurface the berm prior to the cattail removal it would be a waste of money. Would it be all right that we don't repave the berm for that reason until we resolve the other issue? Mr. Kinney asked, "Would you know before the season began whether or not it was a go"? Mr.Ward replied,"Yes,we will probably know within sixty days". Mr. Burke asked,"At which County Commission meeting do the County Commissioner's approve our budget"? Mr. Ward replied, "We have to go before the Board of County Commissioners and ask them to set a Pubic Hearing date,which will probably be the second week of September". Ms. Sue Belanger—"At the intersection on Greentree Drive where you turn on to Gulf 0 Park Drive heading towards U.S 41,you can't find the street at night". The streetlight is 100'feet down the road and the palms have grown so tall that they really don't shed any light. Is there Q 5784 March 6,2013 Pelican Bay Services Division Board Regular Session 11b. County's 2013 Beach Renourishment Program Page 10 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11 b. County's 2013 Beach Renourishment Program Discussion Page 10 of 11 000405 Collier County Beach Renourishment Bid No.05-3854 Schedule of Bid Items Bid Item No. Units Unit Price Subtotal BASE BID—Construct Beach Fill Hydraulically 1. Mobilization/Demobilization 1 L.S. $2,329,057.00 $2,329,057.00_ 3. Payment and Performance Bond 1 L.S. _ $133,418.00 $133,418.00 Beach Fill _ 4. Dredge Sand from Borrow Area, Place and Grade at Vanderbilt Beach (R22.5- 95,337 C.Y. $24.09 $2,296,668.33 R31) 5. Dredge Sand from Borrow Area, Place and Grade at 59,812 C.Y. $27.14 $1,623,297.68 Pelican Bay(R31-R37) 6. Dredge Sand from Borrow Area, Place and Grade at 25,705 C.Y. $27.42 $704,831.10 North Park Shore(R43.5-R48) 7. Dredge Sand from Borrow Area, Place and Grade at 132,491 C.Y. $22.56 $2,988,996.96 Park Shore(R48-R54.5) 8. Dredge Sand from Borrow Area,Place and Grade at 312,049 C.Y. $26.06 $8,131,996.94 Naples Beach(R58A-R79) 9. Beach Tilling—Deleted Deleted . Deleted Beach Fill Subtotal $ 15,745,791.01 Environmental Monitoring 10. Set Buoys for Pipeline Corridor P1, 1 L.S $8,243.00 $8,243.00 Pumpout&Booster Locations 11. Set Buoys for Pipeline Corridor P2, 1 L.S $8,243.00 $8,243.00 Pumpout&Booster Locations 12. Set Buoys for Pipeline Corridor P3, 1 L.S $8,243.00 $8,243.00 Pumpout&Booster Locations 13. Set Buoys for Pipeline Corridor P4, 1 L.S $0.00 $0.00 Pumpout&Booster Locations 14. Turbidity Monitoring 1 L.S. $170,058.00 $170,058.00 Environmental Monitoring Subtotal _ $194,787.00 r Offshore Sea Turtle Monitoring(Hopper Dredge only) 15. Mobilization/Demobilization Turtle 1 Event $3,642.00 $3,642.00 Trawler 16. Relocation Trawling 5 Day $3,500.00 $17,500.00 17. Endangered Species Observer _ 1 L.S $52,117.00 $52,117.00 Sea Turtle Trawling Subtotal $73,259.00 I I BASE BID—TOTAL $18,476,312.01 March 6,2013 Pelican Bay Services Division Board Regular Session 11b. County's 2013 Beach Renourishment Program Page 11 of 11 February 13,2013 Pelican Bay Services Division Board Regular Session 11b. County's 2013 Beach Renourishment Program Discussion Page 11 of 11 Collier County Pelican Bay Services Division Operating Budget Fiscal Year 2004 Capital Projects Fund Clam Bay Restoration Program Appropriation Analysis: Clam Bay Improvement Program Pelican Bay Beach Renourishmcnt $10.000 This funding will allow PBSD to participate in the permimng process with Collier County which will give the Pelican Bay community a cost effective option for beach renourishment. Interim Tidal Channels $10,000 Consultant fees necessary for the surveying,design and services during construction of interim tidal channels.These interior tidal channels are constructed to drain stotmwater from low lying areas within Clam Bay where this condition is causing stress to the mangroves. Other Contractual Services(320-113805-634999-0) $182,000 Hydrographic Improvements 5152.000 These fees are the construction of the improvements identified in the Clam Bay Hydrographic Study. Interior Tidal Channels $20,000 Fees are being budgeted for the contractual services necessary for the construction of the Interior Tidal Channels. Clam Bay Plantings $10,000 These fees are for Mangrove replanting within the Clam Bay System. Other Fees and Charges: Tax Collector:(133-959050-930700) $1,200 Fees are based on Fiscal Year 2004 assessments to be collected. The Tax Collector charges three(3)percent of the assessments collected. Property Appraiser (133-959050-930600) $800 Foes are based on Fiscal Year 2004 assessments levied.The Property Appraiser charges two percent(2%)of the amount levied. Revenue Reserve(133.919010-489900) $2,000 The Board of County Commissioners policy and State Law requires the Division to appropriate 95%of estimated revenues,which will cover discounts and non-payment of assessments. Total Other Fees&Charges: $4,000 Total Appropriations: 5461,100 0 March 6,2013 Pelican Bay Services Division Board Regular Session 11d. New Business-Noise abatement Page 1 of 1 Original Message From:Neil Dorrill [mailto:Neil @dmgfl.com] Sent: Friday,February 15,2013 3:29 PM To: ResnickLisa Subject: RE: Noise Abatement Dr.Trecker is correct. As is the case with beach renourishment I feel that we would need an amendment to the ordinance if the Board were to make a policy decision that they want to perform this work. Neil Original Message From: david trecker[mailto:djtrecker @yahoo.com] Sent: Wednesday, February 13,2013 3:57 PM To: ResnickLisa Subject: Noise Abatement Lisa- Please ask Neil Dorrill to verify this: I reviewed the PBSD ordinance and found nothing in it specifying noise abatement as an MSTBU responsibility. Please ask Neil to respond to me and the other directors. If not tasked with noise abatement, I don't think we should take it on. We have a full plate with other important stuff,and noise abatement walls are costly,troublesome and minimally effective. 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