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Resolution 2016-057 RESOLUTION NO. 16- 5 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DECLARING THAT EMERGENCY CONDITIONS EXIST AT CLAM PASS AND RATIFY STAFF ACTIONS TO QUICKLY MOBILIZE A DREDGING FIRM TO RESTORE TIDAL FLUSHING PRIOR TO TURTLE NESTING SEASON, WHICH STARTS ON MAY 1,2016. WHEREAS, the National Weather Service recently reported that rainfall in coastal Collier County from November 2, 2015 to February 19, 2016 was 18.96", an increase of 12.08" or 278% higher than normal for this period; and WHEREAS, this infusion of freshwater along with the gradual narrowing of Clam Pass has impaired the tidal circulation in Clam Bay; and WHEREAS, Clam Pass remains the primary source of tidal flushing for Clam Bay and the present condition of the inlet does not allow for adequate tidal exchange; and WHEREAS, in order to restore sufficient tidal flushing, it is imperative to commence and complete dredging operations as soon as possible prior to turtle nesting season, which begins on May 1, 2016; and WHEREAS, the PBSD's 10-year maintenance dredging permit was issued by the Army Corps of Engineers on March 9, 2016; and WHEREAS, staff worked with the engineering firm Humiston and Moore, to prepare and distribute a solicitation in the open market with a compressed due date; and WHEREAS, the Engineer has advised that "maintenance dredging is recommended, once the required U.S. Army Corps of Engineers permit (in process) is obtained, to restore the flow areas in the interior flood shoal areas to meet design template, improve inlet stability and its resiliency to withstand sequence of storm events in the future;" and WHEREAS, Section 255.0525, Fla. Stat. requires construction projects that may exceed $500,000 to be posted publicly for a minimum of thirty (30) days, except in cases where an emergency exists; and WHEREAS, if an emergency situation is declared, the procedures required in this section may be altered by the local governmental entity in any manner that is reasonable under the emergency circumstances. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. Emergency conditions exist in Clam Pass. 2. It is necessary to waive the Procurement Ordinance and to expedite the competitive bid process as provided for in Section 255.0525, Fla. Stat. 3. The County Manager or his designee is authorized to enter into an agreement with the most responsive bidder to ITB 16-6620 immediately following the solicitation due date of March 23, 2016. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this aa-day of M WA- , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA `-Attest as f0 smrA. DONNA FIALA, CHAIR signature only. -" Approved as to form and legality: l )41-6) Colleen M. Greene Assistant County Attorney