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Agenda 05/24/2016 Item #16D 6 5/24/2016 16.D.6. EXECUTIVE SUMMARY Recommendation to approve an Apiary Agreement (Bee Keeping) for the Caracara Prairie Preserve with Rick Ruby under the Conservation Collier Program and direct the County Manager, or his designee,to implement the Agreement terms. OBJECTIVE: To allow two apiary yard sites, each containing a maximum of 50 bee hives, to be managed at Caracara Prairie Preserve. CONSIDERATIONS: In 2013, Conservation Collier staff contacted the Florida Department of Agriculture and Consumer Services Bureau of Plant Apiary Inspection to determine whether managed bee hives would be a compatible use within Conservation Collier Preserves. The Bureau informed staff that managed bees are beneficial for native plant growth and reproduction, and they reduce the chances for African bees to become established on a site. Additionally, apiaries are an allowed use within state forests. The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) Lands Evaluation and Management Subcommittee recommended apiaries as a use within Conservation Collier lands at their Feb. 13, 2013,meeting, and the CCLAAC unanimously approved the establishment of apiaries on Caracara Prairie Preserve at their April 8, 2013 meeting. Three different apiarists recently contacted Conservation Collier staff requesting permission to manage bee hives at Caracara Prairie Preserve. A solicitation for individuals interested in leasing lands at Caracara Prairie Preserve for apiary use was advertised in the Naples Daily News on March 24, 2016 and March 31, 2016, and was e-mailed directly to all parties that had contacted staff and requested an opportunity to bid on Caracara Prairie Preserve apiary sites. The proposed apiary lease allows for two apiary yard sites, each containing a maximum of fifty bee hives, to be managed at Caracara Prairie Preserve. Collier County received two bids for the apiary lease. Rick Ruby was the highest bidder with an annual bid of$250. JDE Lake Apiary, LLC was the second highest bidder with an annual bid of$240. FISCAL IMPACT: Rent under the proposed agreement will generate revenue of$250 per year for the Conservation Collier Program for up to five years. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Growth Management Plan. -JAB LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. -JAB RECOMMENDATION: That the Board of County Commissioners approves the Apiary Agreement with Rick Ruby and directs the County Manager, or his designee, to implement the Agreement terms. Prepared By: Melissa Hennig, Senior Environmental Specialist,Parks and Recreation Division Attachments: 1) Caracara Prairie Preserve Apiary Agreement 2) Apiary Agreement Bid Solicitation Advertisement 3) Rick Ruby Apiary Bid 4) JDE Lake Apiary LLC Apiary Bid Packet Page-769- 5/24/2016 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.6. Item Summary: Recommendation to approve an Apiary Agreement (Bee Keeping) for the Caracara Prairie Preserve with Rick Ruby under the Conservation Collier Program and direct the County Manager, or his designee, to implement the Agreement terms. Meeting Date: 5/24/2016 Prepared By Name: BetancurNatali Title: Operations Analyst,Parks&Recreation 4/26/2016 2:20:10 PM Submitted by Title: Environmental Specialist, Senior, Conservation Collier Name: HennigMelissa 4/26/2016 2:20:11 PM Approved By Name: HennigMelissa Title: Environmental Specialist, Senior, Conservation Collier Date:4/26/2016 4:00:19 PM Name: Washburnllonka Title:Manager-Park Operations,Parks &Recreation Date: 5/2/2016 3:21:50 PM Name: WilliamsBarry Title:Division Director-Parks&Recreation,Parks&Recreation Date: 5/3/2016 10:57:15 AM Name: TownsendAmanda Title:Division Director-Operations Support,Public Services Department Date: 5/4/2016 7:23:14 AM Packet Page -770- 5/24/2016 16.D.6. Name: Joshua Thomas Title: Grants Support Specialist,Grants Management Office Date: 5/9/2016 8:37:10 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 5/10/2016 10:25:55 AM Name: CatoeMatthew Title: Procurement Specialist,Procurement Services Date: 5/12/2016 9:25:30 PM Name: CarneliSteve Title: Department Head-Public Services,Public Services Department Date: 5/13/2016 1:07:45 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/13/2016 2:46:12 PM Name: FinnEd Title:Management/Budget Analyst, Senior, Office of Management&Budget Date: 5/13/2016 3:31:45 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 5/16/2016 12:51:03 PM Name: CasalanguidaNick Title: Deputy County Manager,County Managers Office Date: 5/16/2016 5:10:42 PM Packet Page -771- 5/24/2016 16.D.6. Page 1 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APIARY AGREEMENT THIS AGREEMENT made and entered into this art day of At 2016, by and between the COLLIER COUNTY BOARD OF COUNTY COMM SSIONERS, 3299 Tamiami Trail East,Naples, FL 34112,hereinafter known as C9UNTY, and , hereinafter called USER, of (address) (al'5O Frienu sf if 4-4.1N 1 .5h( +I'01C). WITNESSETH In consideration of the mutual promises to be kept by each and the payments made by USER, the parties hereby agree as follows: 1) COUNTY agrees: A) To provide Two (2) apiary yard sites on COUNTY lands known as Caracara Prairie Preserve, as further described in Exhibit A, through drawings to be provided by the COUNTY. B) To allow USER Twenty-Four(24) hour access to apiary yard sites within COUNTY lands identified in Section 1) A of this Agreement. 2) USER agrees: A) To pay an annual fee of$ )9„5- per yard site, with a maximum of up to Fifty(50)hives per yard site. The entire payment shall be made by certified or cashiers check payable to the Collier County Board of County Commissioners on or before month StA.h2.. day �.,. . B) To comply with Chapter 586, Florida Statutes, known as the Florida Honey Certification Honeybee Law, and Chapter 5B-54, Florida Administrative Code. C) To provide and utilize specifications for bear proofing of any sites made available under this Agreement. D) To do no damage to or cut or removal of any trees in the course of preparing for or conducting operations under this Agreement. E) To repair any damage to roads, trails, fences, bridges, ditches, or other public property, caused by USER'S operations under this Agreement. F) To report any forest fires observed and to prevent forest fires during the course of operations under this Agreement. G) To notify promptly the manager of the COUNTY lands identified in Section 1)A of this Agreement in the event that bear depredation does occur. H) To post USER'S name in an agreed location at each site covered by this Agreement. I) To keep any applicable gates closed and locked when not on premises. 0 Packet Page-772- 5/24/2016 16.D.6. Page 2 of 4 J) To keep apiary sites free of litter regardless of source. K) To obtain written approval to erect structures/improvements. L) To remove such structures/improvements upon expiration/termination of this Agreement M) To furnish proof of General Liability insurance with coverage of no less than$300,000 for bodily injury and$50,000 for property damage for each occurrence. Such policies of insurance shall name the COUNTY as additional insured. N) To be liable for all damage to persons or property resulting from operations under this Agreement and to release, acquit, indemnify, save and hold harmless the COUNTY and their officers, agents, employees and representatives from any and all claims, losses, damages, injuries, and liabilities whatsoever for personal injury or otherwise, resulting from, arising out of or in any way connected with activities under this Agreement or activities occurring from any other source not under this Agreement and USER further agrees to assume all risks of loss and liabilities incidental to any natural or artificial conditions occurring on COUNTY lands covered by this Agreement. 3) The parties mutually agree: A) That this Agreement is not transferable. B) That failure to submit payment by the due date established herein or the failure to abide by any terms of this Agreement may result in cancellation of this Agreement by the COUNTY. C) That this Agreement may be terminated by either party upon 30 days' written notice to the other party. D) That this Agreement shall be effective for a period of one (1) year from the date of full execution. If USER desires to extend this Agreement for four(4) additional one (1)year periods, such intention must be made known to the COUNTY at least 60 days before the existing term expires. E) That the site(s) for bee yards shall be designated by the COUNTY land manager of the COUNTY lands identified in Section 1)A of this Agreement. Packet Page-773- 5/24/2016 16.D.6. Page 3 of 4 IN WITNESS WHEREOF, the parties have hereto have hereunder set forth their hands and seals. AS TO THE COUNTY: DATED: ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk DONNA FIALA, Chairman Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney 3\ AS TO THE USER: DATED: C P I r • 4'6'4 eic,"/ (signature) WITNESS (signature) fre 1414i (print name) WITNESS (signatur-d Chi) s+ I k 0--/re- (print name) j Packet Page -774- 5/24/2016 16.D.6. Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPERTY TAX IDENTIFICATION NUMBER: 00053080006 LEGAL DESCRIPTION: WEST HALF (W1/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. AND PROPERTY TAX IDENTIFICATION NUMBER: 00053080200 LEGAL DESCRIPTION: NORTHWEST QUARTER(NW1/4) OF NORTHEAST QUARTER(NEI/4) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA. Packet Page-775- 5/24/2016 16.D.6. NOTICE PROPERTY FOR LEASE INVITATION FOR SEALED BIDS NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IS SOLICITING BIDS FROM ANY PARTY INTERESTED IN LEASING APIARY YARD SITES AT THE FOLLOWING LOCATION: CARACARA PRAIRIE PRESERVE, 2320 CORKSCREW ROAD, IMMOKALEE, FL FOR THE INSTALLATION AND OPERATION OF MANAGED BEEHIVES. The term of the lease shall be for one(1)year with the option of four(4),one(1)year extensions. Use of the yard sites shall be for the sole purpose of installing and operating managed beehives and any necessary ground accessory facilities and structures. Collier County shall not be responsible for any improvements provided to the proposed apiary yards.Two(2)bee yard sites, with a maximum of up to Fifty(50)hive boxes per site,will be available for lease at the preserve. The bid for annual rent must be a minimum of Forty Dollars($40.00)per apiary yard site. The awarded high bidder for the yard sites shall enter into a Lease Agreement with Collier County within ninety (90) days from the last publication of this notice in order to address additional terms and conditions deemed necessary by Collier County. Additional information may be obtained by contacting Melissa Hennig at(239)252-2957. PLEASE FORWARD SEALED BIDS TO:(Indicate:"SEALED BID"on envelope) Melissa Hennig Conservation Collier Section Parks and Recreation Division 15000 Livingston Rd. Naples,Florida 34109 BIDS WILL NOT BE ACCEPTED AFTER THE NOON HOUR ON APRIL 8, 2016. THE BOARD OF COUNTY COMMISSIONERS RESERVES THE RIGHT TO REJECT ALL BIDS AND/OR NEGOTIATE WITH THE QUALIFIED BIDDERS ON ANY PROVISIONS OF THE LEASE. Packet Page -776- 5/24/2016 16.D.6. /5/ 1° )7e>ie414 C.4-,44 2f5 e' e tf/Y0 ti4-c, T15 o 've 5 SO ele ive V/6 W- IO c30 -/— 5"" óô (226,C- °6 .7" kt r-Nri/°1 rg 9?- Packet Page -777- 5/24/2016 16.D.6. 1DE LAKE APIARY, LLC APRIL 4,2016 13800 CR 450 UMATILLA, FL 32784 ERIC V JOSWIG, LIC. FL BEEKEEPER, DTN 446719 352-989-3387 RE: SEALED BID-COLLIER COUNTY CONSERVATION APIARY BID CARACARA PRAIRIE PRESERVE Melissa Henning Conservation Collier Section Parks and Recreation Division 15000 Livingston Road Naples, FL 34109 BID: JDE LAKE APIARY LLC WOULD LIKE TO SUBMIT A BID FOR THE LEASE OF TWO (2)APIARY YARD SITES AT CARACARA PRAIRIE PRESERVE IN THE AMOUNT OF $120 PER LOCATION FOR A TOTAL ANNUAL FEE OF$240 PLUS ANY APPLICABLE TAXES TO BE ADDED TO TOTAL. APPROXIMATE TOTAL TO INCLUDE SALES TAX WOULD BE$ 256.80. ERICVJ S G LICENSED FLORIDA BEEKEEPER • Packet Page -778-